IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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Photographic 

Sciences 
Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4503 


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^ 


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CIHM/ICMH 

Microfiche 

Series. 


CIHIVI/iCMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


Technical  and  Bibliographic  Notea/Notoa  techniques  et  bibliographiques 


The  Institute  has  attempted  to  obtain  the  best 
original  copy  available  for  filming.  Features  of  this 
copy  which  may  be  bibllographically  unique, 
which  may  alter  any  of  the  images  in  the 
reproduction,  or  which  may  significantly  change 
the  usual  method  of  filming,  are  checked  below. 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I   Covers  damaged/ 


D 


Couverture  endommagte 


Covers  restored  and/or  laminated/ 
Couverture  restaur6e  et/ou  pelliculAe 


I      I   Cover  title  missing/ 


Le  titre  de  couverture  manque 


I      I   Coloured  maps/ 


D 


D 

D 


D 


D 


Cartes  giographlques  en  couleur 

Coloured  ink  (i.e.  other  than  blue  or  black)/ 
Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 


r~~|   Coloured  plates  and/or  illustrations/ 


Planches  et/ou  illustrations  en  couleur 


Bound  with  other  material/ 
Reli6  avec  d'autres  documents 


Tight  binding  may  causa  shadows  or  distortion 
along  interior  margin/ 

La  reliure  serr6e  peut  causer  de  I'ombre  ou  de  la 
distortion  ie  long  de  la  marge  int6rieure 

Blank  leaves  added  during  restoration  may 
appear  within  the  text.  Whenever  possible,  these 
have  been  omitted  from  filming/ 
II  se  peut  que  certaines  pages  blanches  ajouties 
lors  d'une  restauration  apparaissent  dans  le  texte, 
mais,  lorsque  cela  Atait  possible,  ces  pages  n'ont 
pas  6tS  film6es. 

Additional  comments:/ 
Commentaires  supplAmentaires- 


L'institut  a  microfilm^  le  meilleur  exemplaire 
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une  image  reproduite.  ou  qui  peuvent  exiger  une 
modification  dans  la  mAthode  normale  de  filmage 
sont  indiquAs  ci-dessous. 


|~~|   Coloured  pages/ 


0 


This  item  is  filmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  filmA  au  taux  de  rMuction  indiquA  ci-dessous. 


Pages  de  couleur 

Pages  damaged/ 
Pages  endommagAes 

Pages  restored  and/oi 

Pages  restauries  et/ou  pellicul4es 

Pages  discoloured,  stained  or  foxe« 
Pages  dAcoiortes,  tachetAes  ou  piquAes 

Pages  detached/ 
Pages  ditachtes 

Showthroughy 
Transparence 

Quality  of  prir 

Quality  inigaie  de  I'impression 

Includes  supplementary  materit 
Comprend  du  matAriei  supplAmentaire 

Only  edition  available/ 
Seule  Mition  disponibia 


I — I  Pages  damaged/ 

[ — I  Pages  restored  and/or  laminated/ 

FT]  Pages  discoloured,  stained  or  foxed/ 

I      I  Pages  detached/ 

rri  Showthrough/ 

I      I  Quality  of  print  varies/ 

I      I  Includes  supplementary  material/ 

I — I  Only  edition  available/ 


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to  thi 


The! 
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Pages  wholly  or  partially  obscured  by  errata 
slips,  tissues,  etc.,  have  been  refiimed  to 
ensure  the  best  possible  image/ 
Les  pages  totaiement  ou  partiellement 
obscurcies  par  un  feuillet  d'errata,  une  pelure. 
etc..  ont  M  fiimies  A  nouveau  de  fapon  A 
obtenir  la  meiileure  image  possible. 


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10X 

14X 

18X 

22X 

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12X 

16X 

20X 

24X 

28X 

32X 

The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

iVIillt  IMemorial  Library 
IMcMaster  University 


L'exemplaire  filmi  fut  reproduit  grAce  k  la 

g6n4rositA  de: 

Mills  Memorial  Library 
McMaster  University 


The  images  appearing  here  are  the  best  quality 
possible  considering  the  condition  and  legibility 
of  the  original  ropy  and  in  keeping  with  the 
filming  contract  specifications. 


Las  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin.  compte  tenu  de  la  condition  et 
de  la  nettet6  de  l'exemplaire  filmd.  et  en 
conformit6  avec  les  conditions  du  contrat  de 
filmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriatn.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  — ^  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimis  sont  filmis  en  commenpant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  salon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film6s  en  commenpant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaftra  sur  la 
dernidre  image  de  cheque  microfiche,  selon  le 
cas:  le  symbols  — ►  signifie  "A  SUiVRE".  le 
symbols  V  signifie  "FIN  ". 


IVIaps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tableaux,  etc.,  peuvent  Atre 
filmAs  d  des  taux  de  reduction  diffirents. 
Lorsque  le  document  est  trop  grand  pour  Atre 
reproduit  en  un  seul  clich6,  il  est  filmA  A  partir 
de  I'angle  supArieur  gauche,  de  gauche  i  droite, 
et  de  haut  en  bas.  en  prenant  le  nombre 
d'images  nAcessaire.  Les  diagrammes  suivants 
illustrent  la  m6thode. 


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THIRTY  YEAUS^  VIEW; 


OR, 


fpS. 


A  HISTORY  OF  THE  WORKIN(;    OP  THE   AMERICAN 
f  GOVERNMENT  FOR  THIRTY  YEARS, 


FROM   IS2  0  TO  1850. 


FH«)M  THE  CONOatBS  DKBATK-,   THi-:  PIIJVaI?*'   r'ATFRS  OF  (JK.VERAL  JACK80N 
AJSii  THE  SPEECHES  OF  K-v-riKN'-VTiJ/U   »vi,s-:    a*    WITH   1115 

ACTUAL  VIEW  OF  MfciS   aKD  AFT'Aiiv^i  f 


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HIriTOJUCAt.  KOTES  A>'1j  IIJ^USTT^AriONS.  Ar.D  ^.'^ME  N'OTICfiS  OF  E^UNENT 

DECltA^SliD  U/iEMS'JRAUrilS:     •         ^ 


5J-- 


BY  A  SENATOR  OF  TiUETY  VF,  AK8. 


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IN    TWO    VOLuMKi, 


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NEW  YORK : 
D  .  *  -A  F  I'  L  E  T  0  N    A  N  I.)    C  0  M  T  A  :■:.  Y  , 

,  .W.  /VND  C.l:5  UHtiAJiWAY. 

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THIRTY  YEARS'  VIEW; 


OR, 


A  HISTORY  or  THE  WORKING  OF  THE  AMERICAN 
GOVERNMENT  FOR  THIRTY  YEARS, 


'»V 


FROM  1820  TO  1850. 


CHIEFLY   TAKEN 


FROM  THE  CONGRESS  DEBATES,  THE  PRIVATE  PAPERS  OF  GENERAL  JACKSON 

AND  THE  SPEECHES  OF  EX-SENATOR  BENTON,    WITH  HIS 

ACTUAL  VIEW  OF  MEN  AND  AFFAIRS: 


'WITH 


HISTORICAL  NOTES  AND  ILLUSTRATIONS,  AND  SOME  NOTICES  OF  EMINENT 

DECEASED  COTEMPORARIES : 


BY  A  SENATOR  OF  THIRTY  YEARS. 


i 


IN  TWO   VOLUMES, 

VOL  I. 


NEW  YORK : 
D.    APPLETON    AND    COMPANY, 

846  AND  848  BKOADWAV. 

LONDON:    16   LITTLE  BEITAIN. 

1856. 


Entered  a  ,ording  to  act  of  Congress,  in  the  year  1854,  by 

D.  APPLETON  AND  COMPANY, 

In  the  Clerk's  OfBce  of  the  District  Court  of  the  United  States,  for  the 
Southern  District  of  New- York. 


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PREFACE. 


»•• 


1— MOTIVES  FOR  WRITING  THIS  WORK. 


Justice  to  the  men  with  whom  I  acted,  and  to  the  cause  in  which  we  were  en- 
gaged, is  my  chief  motive  for  engaging  in  this  work.     A  secondary  motive  is 
the  hope  of  being  useful  to  our  republican  form  of  government  in  after  ages  by 
showing  its  working  through  a  long  and  eventful  period  ;  working  well  all  the 
time,  and  thereby  justifying  the  hope  of  its  permanent  good  operation  in  all  time 
to  come,  if  maintained  in  its  purity  and  integrity.     Justice  to  the  wise  and 
patriotic  men  who  established  our  independence,  and  founded  this  government, 
is  another  motive  with  me.     I  do  not  know  how  young  I  was  when  I  first  read 
in  the  speeches  of  Lord  Chatham,  the  encomium  which  he  pronounced  in  the 
House  of  Lords  on  these  founders  of  our  republic  ;  but  it  sunk  deep  into  my 
memory  at  the  time,  and,  what  is  more,  went  deep  into  the  heart :  and  has 
remained  there  ever  since.     "  When  your  lordships  look  at  the  papers  trans- 
mitted us  from  America  ;  when  you  consider  their  decency,  firmness,  and  wis- 
dom, you  cannot  but  respect  their  cause,  and  wish  to  make  it  your  own.     For 
myself,  I  must  declare  ar  ^  avow,  that  in  all  my  reading  and  observation — and 
it  has  been  my  favorite  study — I  have  read  Thucydides,  and  have  studied  and 
admired  the  master  states  of  the  world — that  for  solidity  of  reasoning,  force  of 
sagacity,  and  wisdom  of  conclusion,  under  such  a  complication  of  difficult  cir- 
cumstances, no  nation,  or  body  of  men,  can  stand  in  preference  to  the  general 


w 


PREFACE. 


congress  iit  PhiliuU'lphia."  This  encomium,  so  just  and  so  grand,  so  grave  and 
80  measured,  and  the  more  imi)ressive  on  account  of  its  gravity  and  measure,  was 
pronounced  in  the  early  part  of  our  revolutionary  struggle— in  its  first  stage— 
and  before  a  l(jng  succession  of  crowning  events  had  come  to  convert  it  into  his- 
tory, and  to  show  of  how  much  more  those  men  were  capable  than  they  had 
then  done.  If  the  great  William  Pitt— greater  under  that  name  than  under 
the  title  he  so  long  refused— had  lived  in  this  day,  had  lived  to  see  these 
men  making  themselves  exceptions  to  the  maxim  of  the  world,  and  finishing 
the  revolution  which  they  began— seen  them  found  a  new  government  and 
administer  it  in  their  day  and  generation,  and  until  "gathered  to  their  fathers," 
an. I  all  with  the  same  wisdom,  justice,  moderation,  and  decorum,  with  which 
they  began  it  :  if  he  had  lived  to  have  seon  all  this,  even  his  lofty  genius  might 
have  recoiled  from  the  task  of  doing  them  justice  ;— and,  I  may  add,  from  the 
task  of  doing  justice  to  the  People  who  sustained  such  men.  Eulogy  is  not  my 
task  •  but  gratitude  and  veneration  is  the  debt  of  my  birth  and  inheritance,  and 
of  the  benefits  which  I  have  enjoyed  from  their  labors ;  and  I  have  proposed 
to  acknowledge  this  debt — to  discharge  it  is  impossible — in  laboring  to  preserve 
their  work  during  my  day,  and  in  now  commending  it,  by  the  fruits  it  has 
borne,  to  the  love  and  care  of  posterity.  Another  motive,  hardly  entitled  to 
the  dignity  of  being  named,  has  its  v.eif^.it  with  me,  and  belongs  to  the  rights 
of  "  self-defence."  I  have  made  a  great  many  speeches,  and  have  an  apprehen- 
sion that  they  may  be  published  after  I  am  gone — published  in  the  gross, 
without  due  discrimination — and  so  preserve,  or  perpetuate,  things  said,  both 
of  men  and  of  measures,  which  I  no  longer  approve,  and  would  wish  to  leave  to 
oblivion.  By  making  selections  of  suitable  parts  of  these  speeches,  and  weaving 
them  into  this  work,  I  may  hope  to  prevent  a  general  publication — or  to  render 
it  harmless  if  made.     But  I  do  not  condemn  all  that  I  leave  out. 


2.— QUALIFICATIONS  FOR  THE  WORK. 

Of  these  I  have  one,  admitted  by  all  to  be  considerable,  but  by  no  means 
enough  of  itself  Mr.  Macaulay  says  of  Fox  and  Mackintosh,  speaking  of  their 
histories  of  the  last  of  the  Stuarts,  and  of  the  Revolution  of  1688  :  "They 
had  one  eminent  qualification  for  writing  history ;  they  had  spoken  history, 
acted  history,  lived  history.  The  turns  of  political  fortune,  the  ebb  and  flow  of 
popular  feeling,  the  hidden  mechanism  by  which  parties  are  moved,  all  theso 
things  were  the  subject  of  their  constant  thought,  and  of  their  most  familiar 
conversation.     Gibbon  has  remarked,  that  his  history  is  much  the  better  for  his 


PREFACR 


gross, 

both 

jave  to 


having  hecn  nn  officer  in  the  raiHtia,  and  a  member  of  the  House  of  Commons. 
The  remark  is  most  jUst.     We  have  not  the  Hmallest  doubt  that  his  campaigns, 
though  he  never  saw  an  enemy,  and  his  parliamentary  attendance,  though  ho 
never  made  a  speech,  were  of  far  more  use  to  him  than  years  of  retirement  and 
study  would  have  been.     If  the  time  that  ho  spent  on  parade  and  at  mess  in 
Hampshire,  or  on  the  Treasury  bench  and  at  Brooke's,  during  the  storms  which 
overthrew  Lord  North  and  Lord  Shelburne,  had  been  i)assed  in  the  Bodleian 
Library,  he  might  have  avoided  some  inaccuracies ;  he  might  have  enriched  his 
notes  with  a  greater  number  of  references  ;  but  ho  never  could  have  produced  so 
lively  a  pij^ure  of  the  court,  the  camp,  and  the  senate-house.     In  this  respect 
Mr.  Fox  and  Sir  James  Mackintosh  had  great  advantages  over  almost  every 
English  bistorian  since  the  time  of  Burnet." — I  can  say  I  have  these  advantages. 
I  was  in  the  Senate  the  whole  time  of  which  I  write — an  active  business  mem- 
ber, attending  and  attentive — in  the  confidence  of  half  the  administrations, 
and  a  close  observer  of  the  others — had  an  inside  view  of  transactions  of  which 
the  public  only  saw  the  outside,  and  of  many  of  which  the  two  sides  were  very 
different — saw  the  secret  springs  and  hidden  machinery  by  which  men  and 
parties  were  to  be  moved,  and  measures  promoted  or  thwarted — saw  patriotism 
and  ambition  at  their  respective  labors,  and  was  generally  able  to  discriminate 
between  them.     So  far,  I  have  one  qualification  ;  but  Mr.  Macaulay  says  that 
Lord  Lyttleton  had  the  same,  and  made  but  a  poor  history,  because  unable  to 
use  his  material.     So  it  may  be  with  me ;  but  in  addition  to  my  senatorial 
means  of  knowledge,  I  have  access  to  the  unpublished  papers  of  General  Jack- 
son, and  find  among  them  some  that  he  intended  for  publication,  and  which  will 
be  used  according  to  his  intention. 


S.— THE  SCOPE  OF  THE  WORK. 


their 
They 
tory, 
w  of 
theso 
iliar 
r  Ida 


I  do  not  propose  a  regular  history,  but  a  political  work,  to  show  the  practical 
working  of  the  government,  and  speak  of  men  and  events  in  subordination  to 
that  design,  and  to  illustrate  the  character  of  Institutions  which  are  new  and 
complex — the  first  of  their  kind,  and  upon  the  fate  of  which  the  eyes  of  the 
world  are  now  fixed.  Our  duplicate  form  of  government,  State  and  Federal, 
is  a  novelty  which  has  no  precedent,  and  has  found  no  practical  imitation,  and 
is  still  believed  by  some  to  be  an  experiment.  I  believe  in  its  excellence,  and 
wish  to  contribute  to  its  permanence,  and  believe  I  can  do  so  by  giving  a  faith- 
ful account  of  what  I  have  seen  of  its  working,  and  of  the  trials  to  which  I 
have  seen  it  subjected. 


PREFACR 


4.— THE  SPIRIT  OP  THE  WORK. 

I  write  in  the  spirit  of  Truth,  but  not  of  unnecessary  or  irrelevant  truth, 
only  giving  that  which  is  essential  to  the  object  of  the  work,  and  the  omission  of 
which  would  be  an  imperfection,  and  a  subtraction  from  what  ought  to  be  known. 
I  have  no  animosities,  and  shall  find  far  greater  pleasure  in  bringing  out  the  good 
and  the  great  acts  of  those  with  whom  I  have  differed,  than  in  noting  the  points 
on  which  I  deemed  them  wrong.  My  ambition  is  to  make  a  veracious  work, 
reliable  in  its  statements,  candid  in  its  conclusions,  just  in  its  views,  and  which 
ootemporaries  and  posterity  may  read  without  fear  of  being  misled. 


truth, 
ssion  of 
known, 
legood 

points 
i  work, 

which 


CONTENTS  OF  VOLUME  1. 


PAQK 


PuuimcAST  Viiw  IVoin  1816  to  1890    . 


OBAP. 

L  r«nonal  Aspect  of  the  OoTernmont      ,       .       T 

IL  Admission  of  tlio  State  of  Miasonrl      .       ,  8 

IIL  Flnanceo— Kciluctlon  of  tlio  Army         .       .     11 

TV.  Relief  of  Public  Land  Debtors    ...  11 

V.  Oregon  Territory 18 

YL  Florida  Treaty  and  Cession  of  Texas 

VII.  Ucatii  of  Mr.  Lowndes 

VIII.  Death  of  William  Pinkncy       .       .       . 

IX  Abolition  of  the  Indian  Factory  System 

X.  Internal  Improvement       .... 

XL  Ooneral  Removal  of  Indians .... 

XIL  Visit  of  Lafsyotte  to  the  United  States    . 

XIII.  The  Tartir,  and  American  System 

XIV.  TheA.  B.  Plot 

XV.  Amendment  of  tlio  Constitution,  in  relation 

to  the  Election  of  President  and  Vice-Pre- 
sident   

XVI.    Internal  Trade  with  New  Mexico 

XVIL    Presidential  and  Vice-PresidenUal  Electiona 
in  the  Electoral  Colleges    .... 

XVIIL    Deathof  John  Taylor,  of  Caroline     , 

XIX    Presidential  Election  in  the  House  of  Repre- 
sentatives     

XX    The  Occupation  of  the  Columbia 

XXL    Commencement  of  Mr.  Adams's  Administra* 

tion 64 

XXIL    Case  of  Mr.  Lanman— Temporary  Senatorial 

Appointment  from  Connecticut     .       .  66 

XXIIL    Retiring  of  Mr.  Rufus  King   .        .       .       .  6T 

XXIV.    Bemova!  of  the  Creek  Indians  from  Georgia  68 

XXV.    The  Panama  Mission  ....  fi6 

XXVI.    Duel  Between  Mr.  Clay  and  Mr.  Randolph  .  70 

XXVIL    Death  of  Mr.  Galllard         ....  T7 

XXVIIL  Amendment  of  the  Constitution,  in  relation 
to  the  Election  of  President  and  Vice-Pre- 
Udent  ...;....       78 


on  A  p. 
XXIX 
XXX. 

XXXL 

xxxn. 

XXXIIL 


14 

XXXIV. 

18 

XXXV. 

19 

90 

St 

XXXVL 

27 
29 

XXXVIL 

89 

XXXVIIL 

84 

XXXIX. 

87 

XL. 

41 

XLL 

44 

XLIL 

46 

XLIIL 

46 

XLIV. 

60 

Reduction  of  Gxecntire  Patronag* 
Exclusion  of  Members  of  CongreM  ftvm 

Civil  Oflteo  Appointment! 
Death  of  the  ex-Presldonts,  John  Adams 

and  Thomas  JelTerson  .... 
British  Indemnity  far  Deported  Slavoa     . 
Meeting  of  the  flrst  Congress  Elected  nndar 

the  Administration  of  Mr.  Adams 

Revision  of  the  Tariff 

The  Public  Lands— Their  Proper  DItpo- 

■ttlon— Graduated  Prices— Pre-emption 

Bights— Donations  to  Settlers     . 

Cession  of  a  Part  of  the  Territory  of  Ar- 
kansas to  the  Cherokee  Indians 

Renewal  of  the  Oregon  Joint  Ooonpatlon 
Convention 

Presidential  Election  of  1828,  and  Farther 
Errors  of  Mons.  de  Tocquovill*  . 

Bctiring  and  Death  of  Mr.  Macon 
Commencement  of  General  Jackson's  Ad- 
ministration   


PAOI, 

80 


89 


87 


91 
96 


109 
107 

10» 

111 
114 

119 


First  Message  of  General  Jackson  to  tb* 
two  Houses  of  Congress  ....     121' 

The  recovery  of  the  Direct  Trade  with  the 
British  West  India  Islands  .       .       .        124 

Establishment  of  the  Olobe  Newspaper  .  128- 
Limitation  of  Public  Land  Sales— Snspen- 
slon  of  Surveys— Abolition  of  the  Offlc* 
of  Surveyor  General  —  Origin  of  the 
United  States  Land  System — Antbor- 
shlp  of  the  Anti-slavery  Ordhianee  of 
1778 — Slavery  Controversy — ^Protective 
Tariff— Inception  of  the  Doctrine  of  Nnl- 
liflcation 180 

XLV.    Repeal  of  the  Sat  Tax       ....  148 
XLVI.    Birthday  of  Mr.  Jefferson,  and  the  Doo- 

trino  ol  iiulllflcatlon    ....  148 

XLVIL    Regulation  of  Commerce  ....  149' 

XLVIIL  Alum  Salt— The  Abolition  of  the  Duty 
npon  it,  and  Repeal  of  the  Fishing  Boun- 
ty and  Allowances  Founded  on  U      .        IMt 


CONTENTS  OF  VOL  I. 


J2S^**--'*C?'T- 

i^S 

CHAP.  PAOB. 

XLIX.  Bank  of  tlie  United  autet     ;       .       .  158 

1,.  Eemovals  from  Ofllce   ....  169 

LI.  Indian  Sovereignties  w'tliln  the  ritates  .  163 

LII.  Veto  on  tlieMnysvllle  Road  Bill.       .  167 

LIII.    Rupture  between  President  Jackson  and 

Vice-President  Calhoun      ...      107 
LIV.    Breaking  up  of  the  Cabinet,  and  Appoint- 
ment of  another ISO 

LV.    Military  Academy        ....         182 
LVI.    Bank  of  the  United  States— Non-renewal 

of  Charter 187 

LVII.    Error  of  De  Tocqueville,  In  relation  to  the 

House  of  Representatives  ...       208 

LVIII.    The  Twenty-second  Congress .       .       .208 
LIX.    Rejection  of  Mr.  Van  Buren,  Minister  to 

England 214 

liX.    Bank  of  the  United  States— Illegal,  and 

Vicious  Currency 220 

LXL  Error  of  Mons.  dc  Tocqneville,  In  relation 
to  tlie  Bank  of  the  United  States,  the 
President,  and  the  People        .       .         224 

LXIL    Expenses  of  the  Oovernm  nt .       .       .     229 
LXIIL    Bank  of  tlic  United  States -Recharteiv- 

Cominenccment  of  the  Proceedings  232 

LXIV.    Bank  of  tlie  United  States- Committee 

of  Investigation  Orders  T      ...     235 

LXV.  The  Three  per  Cent.  Debt,  and  Loss  in 
not  Paying  it  when  tlie  Rate  was  Low, 
and  the  Money  In  the  Bank  of  the 
United  States  without  Interes'        .         242 

LXVL  Blink  of  the  United  States— Bill  for  the 
Eecharter  Reported  in  the  Senate,  and 
Passed  that  Body i248 

LXVn.  Bank  of  tlio  United  StatBs— Bill  for  the 
Rencv.-ed  Charter  Passed  in  the  House 
of  Representatives    .       .       .       ,         250 

LXVIIL    The  Veto 251 

LXIX.    The  Protective  System       ...  265 

Jj.iX.    Public  Lands— Distribution  to  the  States  S75 
LXXI.    Settlement  of  French  and  Spanish  Land 

Claims 279 

LXXIL    "Elfcctsof  the  Veto"     ....     280 

XXXIII.  PresidenUal  Election  of  1882       .       .         iS/i 

XXXIV.  rir.»t  Annual  Message  of  President  Jack- 

son, after  his  Second  Election      .       .     S8S 
LXXV.    Bank  of  The  United  States— Delay  In 
Paying  the  Three  per  Cents.— Com- 
mittee of  Investigation     .       .       .         287 
LXXVI.    Abolition  of  Imprisonment  for  Debt     .     291 

LXXVIL    Sale  of  United  States  Stock  In  the  Na- 
tional Bank 294 

LXXVIIL    Nulimcation  Ordlmnco  In  South  Caro- 
lina         297 

LXXIX.    Proclamation  against  Nullification     .         299 

LXXX.    Message  on  the  So\ith  Carolina  Proceed- 
ings         808 

LXXXI.    Ecdnction  of  Duties— Mr.  Verplanck's 

Bill 808 

LXXXlL    Reduction  of  Duties— Mr.  Clay's  BUI    .     818 


OIIAP  pAOK. 

LXXXin.    Revenno  Collection,  or  Force  Bill       .         880 
LXXXIV.    Mr.  Calhoun's  Nulimcation  Resolutions .     834 
LXXXV.    Secret  History  of  the  "  Compromise  "  of 

1833 S42 

LXXXVL    Compromiso  Legislation;  and  the  Act, 

so  called,  of  1S83 844 

LXXXVIL  Virginia  Resolutions  of  '98 -'99  — Disa- 
bused of  their  South  Carolina  Interpre- 
tation—1.  Upon  their  Own  Words— 2. 
Upon  Contemporaneous  Interpreta- 
tion      847 

LXXXVIIL    Virginia  Resolutions  of  1798— Disabused 

of  Nullification  by  their  Author  .       .     854 

LXXXIX.  Tho  Author's  own  View  of  the  Nature 
of  Our  Government,  as  being  a  Union 
in  Contradistinction  to  a  League :  Pre- 
sented in  a  Subsequent  Speech  on  Mis- 
souri Resolutions      ....         860 

XC.    Public  Lands— Distribution  of  Proceeds     862 
XCI.    Commencement  of   the  Twenty-third 
Congress— The  Members',  and  Presi- 
dent's Message 809 

XCII.    Removal  of  the  Deposits  from  tho  Bank 

of  tlio  United  States     .       .       .       .     8TS 

XCIII.  Bank  Proceedings,  on  Seeing  the  Deci- 
sion of  the  President,  in  relation  to  the 
Removal  of  the  Deposits  ...         879 

XCIV.  Report  of  the  Sccrctar/  of  the  Treasury 
to  Congress  on  the  Removal  of  the  De- 
posits      881 

XOV.    Nomination  of  Government  Directors, 

and  their  Rejection   ....         885 
XCVT.    Secretary's  Report  on  the  Removal  of  the 

Deposits 893 

XCVn.    Call  on  the  President  for  a  Copy  of  tho 

"Paper  Read  to  the  Cabinet".       .         899 
XCVIIL    Mistakes  of  Public  Men— Great  Combi- 
nation against  General  -Jackson — Com- 
mencement of  the  Panic     .       .       .     400 

XCIX.  Mr.  Clay's  Speech  against  President  Jack- 
son on  tho  Removal  of  the  Deposits- 
Extracts     409 

C.    Mr.  Benton's  Speech  in  Reply  to  Mr.  Clay 

—Extracts 406 

CL    Condemnation  of  President  Jackson- 
Mr.  Calhoun's  Speech- Extracts      .        411 

CIL    Public  Distress 416 

CIII.  Senatorial  Condemnation  of  President 
Jackson— his  Protest— Notice  of  tho 
Expunging  Resolution       .         .       .     428 

CIV.    Mr.  Webster's  Plan  of  Relief      .       .        483 
C  V.    Revival  of  the  Gold  Currency— Mr.  Ben- 
ton's Speech 480 

CVI.    Atteiupted  Investigation  of  the  Bank  of 

the  United  States      ....        463 
CVIL    Mr.  Taney's  Rcnort  on  the  Finances— 
E.xposurc  of  the   Distress  Alarms — 
End  of  tho  Panic 462 

CVIIL    Revival  of  the  Gold  Currency     .       .         469 
CIX.    Rejection  of  Mr.  Taney— Nominated  for 

Secretary  of  the  Treasury   .        •      .     470 


A 


CI 
CI 


03 

cx| 


c 

c: 

ex 

ex: 

ex 

ex 
ex: 


CONTENTS  OF  VOL  I. 


uc 


PAO«. 

OBAP. 

ce  Bin       . 

880               4j 
884                ': 

^              cx 

lieiolutioos . 

npromlse  "  of 

■i 

842 

CXI. 

■       •       • 

CXII. 

ind  the  Act, 

CXIII. 

. 

844 

CXI  7. 

5-'99  — Disa- 

Ina  Intcrpro- 

■ 

oxv. 

n  Words— 2. 

'^, 

Interpreta- 

; 

OXVL 

84T 

CXVII. 

—Disabused 
uthor  . 

854 

CXVIII. 

the  Nature 
fng  a  Union 

j 

CXIX. 

eagne :  Pre- 

1 

cxx. 

>ech  on  MIs- 

860 

CXXL 

of  Proceeds 

862 

CXXII. 

wcnty-third 

CXXIII. 

and  Presi- 

869 

CXXIV. 

n  tho  Bank 

873 

cxxv. 

?  the  Decf- 

atlon  to  the 

879 

CXXVI. 
CXXVIL 

e  Treasury 

oftUcDe- 

Directors, 

ival  of  the 

)py  of  tho 

[t  Combl- 
\n — Com- 

pntJack- 
eposlts— 


881 


830 


899 


40O 


.Clay 


bkson— 


403 


404 


a 

• 

411 

. 

. 

416 

csldent 

of 

tho 

428 

• 

483 

.  Ben- 


nkof 


48« 


453 


CXXVIII. 
CXXIX. 


PAOB. 

Senatnrial  Investlgi^tlon  of  the  Bank  of 
tho  United  States     ....         470 

Downfall  of  t^o  Bank  of  tlio  United  States  471 

Death  of  John  llandolph,  of  Koanoaka  473 

Death  of  Mr.  Wirt 475 

Dchth  of  the  last  of  the  Signers  of  the 

Decluratlon  of  Independence    .        .  476 
Coinincnccment  of  the  Session,  lS34-'85 : 

President's  Message       ....  477 

Report  of  the  Bank  Committao  .       .  481 

French  Spoliations  before  1800  .  .  487 
French    Situations  — Speech    of    Mr. 

Wright,  of  New-York       ...  489 

French  Spoliations-Mr.  Webster's  Speech  606 

French  Spoliations-Mr.  Benton's  Speech  614 
Attempted    Assassination  of  President 

Jackson 621 

Alabama  Expunging  Resolutions  .  524 
The  Expunging  Resolution  .  .  ,628 
Expunging  Resolution:    Rejected,  and 

Renewed 649 

Branch  Mluts  at  New  Orleans,  and  in  the 

Gold  Regions  of  Georgia  and  North 

Carolina 650 

Regulation  Deposit  Bill        .       :       .  653 

Defeat  of  the  Defence  Appropriation,  and 
loss  of  the  Fortification  Bill        .        .     654 

Distribution  of  Revenue      ...         656 
Commencement  of  Twenty-Fonrth  Con- 
gress— President's  Message        .         .     668 

Abolition  of  Slavery  in  the  District  of 
Columbia        .....         676 

Mall  Circulation  of  Incendiary  Publica- 
tions         


CXXX. 
CXXXL 

CXXXII.    French    Affidrs— Approach    of  a  French 
CXXXIIL 


Squadron— Apology  Required     . 
French  Indemnities- British  Mediation 
— Indemnities  Paid  .... 

CXXXIV.    President  Jackson's  Foreign  Diplomacy 
CXXXV.    Slavery  Agitation     .       .       ,       .       . 
CXXXVL    Removal  of  the  Cherokees  from  Georgia 
CXXXVII.    Extension  of  the  Missouri  Boundary  . 
CXXXVIII.   AdniissloTi  of  the  States  of  Arkansas  and 
Michigan  into  the  Union       . 


6S0 

688 

600 
601 
609 
624 
626 

627 


CHAP. 

CXXXIX 

rxL. 

CXLL 

CXLII. 
CXLIII. 


CXLIV. 
CXLV. 

CXLVI. 
CXLVII. 

CXLVIII. 

CXLIX 

CL. 

CLI. 

CLIL 

CLIII. 

CLIV. 
CLV. 
CLVI. 

OLVIL 

CLVIII. 

CLIX. 

CLX 

CLXL 

CLXIL 
CLXIIL 

CLXIV. 

CLXV. 


Attempted  Inquiry  into   the  Military 

Academy 683 

MilltaryAcadamy— Speech  of  Mr.  Pierce     C41 
Expunging  Resolution  —  Peroration  of 
Senator  Benton's  Second  Speech         .      645 

Distribution  of  the  Land  Revenue     .         649 

Kecharter  of  the  District  Banl:s— Speech 
of  Mr.  Benton — The  Parts  of  Local  and 
Temporary  Interest  Omitted       ■       .      668 

Independence  of  Texas       .       .       .         6C5 

Texas  Independence  —  Mr.  Benton's 
Speech 670 

The  Specie  Circular        .        ...      676 

Death  of  Mr.  Madison,  Fourth  President 
ofthe  United  States  .       .         678 

Death  of  Mr.  Monroe,  Fifth  President  of 

tho  United  States       ,        ...      679 
Death  of  Chief  Justice  Marshall  .       .         631 

Death  of  Col.  Burr,  Third  Vice-President 
ofthe  United  States  .       ...         681 

DeatbofWilliamB.  Giles,  of  Virginia    .  683 
Presidential  Election  of  1836       .       .  688 
Last  Annual  Message  of  President  Jack- 
son        -684 

Final  Removal  of  the  Indians  .  .  690 
Rectslon  cf  the  Treasury  Circular  .  .  694 
Distribution  of  Lands  and  Money— Vari- 
ous Propositions  ....  70T 
Military  Academy— Its  Riding  House  713 
Salt  Tax— Mr.  Benton's  Fourth  Speech  714 

Expunging  Resolution— Preparation  for 
Decision 717 

Expunging  Resolution— Mr.  Benton's 
TMrd  Speech 719 

ExpunginK  Resolution— Mr.  Clay,  Mr. 
Calhoun,  Mr.  Webster — Last  Scene — 
Resolution  Passed  and  Executed        .      727 

The  Supreme  Court— Judges  and  Officers     781 
Farewell  Address  of  President  Jaoksou 

—Extract 783 

Conclusion  of  General  Jackson's  Adminis- 
tration  78S 

Betiring  and  Death  of  GencralJackson- 
Administration  of  Martin  Van  Buren        785 


463 


I  for 


470 


f 


V   ■ 


^f 


The! 


,X 


PRELIMINARY    VIEW. 


FROM    1816   TO    1820 


The  war  with  Great  Britain  commenced  in 
1812,  and  ended  in  1815.  It  was  a  short  war, 
but  a  necessary  and  important  one,  and  intio- 
duccd  several  changes,  and  made  some  new 
points  of  departure  in  American  policy,  whicli 
are  necessary  to  be  understood  in  order  to  un- 
derstand the  subsequent  working  of  the  govern- 
ment, and  the  VIEW  of  that  working  which  is 
proposed  to  be  given. 

1.  It  struggled  and  labored  under  the  state 
of  the  finances  and  the  currency,  and  terminated 
without  any  professed  settlement  of  the  cause 
for  which  it  began.  There  was  no  national  cur- 
rency— no  money,  or  its  equivalent,  which  re- 
presented the  same  value  in  all  places.  The 
first  Bank  of  the  United  States  had  ceased  to  ex- 
ist in  1811.  Gold,  from  being  undervalued,  had 
ceased  to  bo  a  currency — had  become  an  article 
of  merchandise,  and  of  export — and  was  carried 
to  foreign  countries.  Silver  had  been  banished 
by  the  general  use  of  bank  notes,  had  been  re- 
duced to  a  small  quantity,  insufficient  for  a  pub- 
lic demand ;  and,  besides,  would  have  been  too 
cumbrous  for  a  national  currency.  Local  banks 
overspread  the  land ;  and  upon  these  the  federal 
government,  having  lost  the  currency  of  the  con- 
stitution, was  thrown  for  a  ci'Tcncy  and  for 
loans.  They,  unequal  to  the  task,  and  having 
removed  their  own  foundations  by  banisliing 
specie  with  profuse  paper  issues,  sunk  under  the 
double  load  of  national  and  local  wants,  and 
stopped  specie  payments — all  except  those  of 
New  England,  which  section  of  the  Union  was 
unfavorable  to  the  war.  Treasury  notes  were 
then  the  resort  of  the  federal  government. 
They  were  issued  in  great  quantities;  and  not 
being  convertible  into  coin  at  the  will  of  the 


holder,  soon  began  to  depreciate.    In  the  second 
year  of  the  war  the  depreciation  had  already  be- 
coine  enormous,  especially  towards  the  Canada 
frontier,  where  the  war  raged,  and  where  money 
was  most  wanted.     An  oGBcer  setting  out  from 
Wasliington  with  a  supply  of  these  notes  found 
them  sunk  one-third  by  the  time  he  arrived  at 
the  northern  frontier — his  every  three  dollars 
counting  but  two.     After  all,  the  treasury  notes 
could  not  be  used  as  a  currency,  neither  legally, 
nor  in  fact :  they  could  only  be  used  to  obtain 
local  .  bank    paper — itself   greatly  depreciated. 
All  government  securities  were  under  par,  even 
for  depreciated  bank  notes.     Loans  were  obtain- 
ed with  great  difficulty — at  large  discount — al- 
most on  the  lender's  own  terms;  and  still  at 
tainable  only  in  depreciated  local  bank  notes. 
In  less  than  three  years  the  government,  para- 
lyzed by  the  state  of  the  finances,  was  forced  to 
seek  peace,  and  to  make  it,  without  securing,  by 
any  treaty  stipulation,  the  object  for  which  war 
had  been  declared.    Impressment  was  the  object 
— the  main  one,  with  the  insults  and  the  outra- 
ges connected  with  it — and  without  which  there 
would  have  been  no  declaration  of  war.    The 
treaty  of  peace  did  not  mention  or  allude  to  the 
subject — the  first  time,  perhaps,  in  modern  his- 
tory, in  which  a  war  was  terminated  by  treaty 
without  any  stipulation  derived  from  its  cause 
Mr.  Jefferson,  in  1807,  rejected  upon  his  own. 
responsibility,  without  cTen  its  communication 
to  the  Senate,  the  treaty  of  that  year  negotiated 
by  Messrs.  Monroe  and  Pinkney,  because  it  did 
not  contain  an  express  renunciation  of  the  prac- 
tice of  impressment — because  it  was  silent  on 
that  point.     It  was  a  treaty  of  great  moment,, 
settled  many  troublesome  questions,  was  verjj 


PRELIMINARY  VIEW, 


I  f 


•It 


desirable  f     what  it  contained ;  but  as  it  was 
silent  on  t   ,  main  jwint,  it  was  rejected,  without 
even  a  reference  to  the  Senate,    Now  wo  were 
in  a  like  comlition  after  a  war.    The  war  was 
struggling  for  it:;  own  existence  under  the  state 
of  the  finances,  and  had  to  be  stopped  without 
securing  by  treaty  the  object  for  which  it  was 
declared.    The  object  was  obtained,  however, 
by  the  war  itself.    It  showed  the  British  govern- 
ment that  the  people  of  the  United  States  would 
fight  upon  that  point— that  she  would  have  war 
again  if  she  impressed  again :  and  there  has  been 
no  impressment  since.    Near  forty  years  with- 
out a  case !  when  we  were  not  as  many  days, 
oftentimes,  without  cases  before,  and    of  the 
most  insulting  and  outrageous  nature.      The 
spu-it  and  patriotism  of  the  people  in  furnishing 
the  supplies,  volunteering  for  the  service,  and 
standing  to  the  contest  in  the  general  wreck  of 
the  finances  and  the  currency,  without  regard  to 
their  own  losses— and  the  heroic  courage  of  the 
army  and  navy,  and  of  the  militia  and  volunteers, 
made  the  war  successful  and  glorious  in  spite  of 
empty  treasuries ;   and  extorted  from  a  proud 
empire  that  security  in  point  of  fact  which  diplo- 
macy could  not  obtain  as  a  treaty  stipulation. 
And  it  was  well.    Since,  and  now,  and  hence- 
forth, we  hold  exemption  from  impressment  as 
wo  hold  our  indciiendence — by  right,  and  by 
might — and  now  want  the  treaty  acknowledg- 
ment of  no  nation  on  cither  point.    But  the  glo- 
rious termination  of  the  war  did  not  cure  the 
evil  of  a  ruined  currency  and  defective  finances, 
nor  render  less  impressive  the  financial  lesson 
which  it  taught.    A  return  to  the  currency  of 
the  constitution — to  the  hard-money  government 
wluch  our  fathers  gave  us — no  connection  with 
banks — no  bank  paper  for  federal  uses — the  es- 
tablishment of  an  independent  treasury  for  the 
federal  government ;  this  was  the  financial  les- 
son which  the  war  taught.    The  new  generation 
into  whose  hands  the  working  of  the  government 
fell  during  the  Thiutv  Years,  eventually  availed 
themselves  of  that  lesson : — with  what  effect,  the 
state  of  the  country  since,  unprecedentedly  pros- 
perous; the  state  of  the  currency,  never  de- 
ranged ;  of  the  federal  treasury,  never  polluted 
with  "  unavailable  funds,"  and  constantly  cram- 
med to  repletion  with  s(  lid  gold ;  the  issue  of 
the  Mexican  war,  carried  on  triumphantly  with- 
out a  national  bank,  and  with  the  public  securi- 
ties constantly  above  par — suflSciently  proclaim. 


No  other  tongue  but  these  results  is  necessary 
to  show  the  value  of  tliat  financial  lesson,  taught 
us  by  the  war  of  1812. 

2.  The  establishment  of  the  second  national 
bank  grew  out  of  this  war.     The  failure  of  tho 
local  banks  was  enough  to  prove  the  necessity 
of  a  national  currency,  and  the  rc-establishmcnt 
of  a  national  bank  was  the  accepted  remedy. 
No  one  seemed  to  think  of  the  currency  of  the 
constitution — especially  of  that  gold  currency 
upon  which  the  business  of  the  world  had  been 
carried  on  from  the  beginning  of  the  world,  and 
by  empires  whose  expenses  for  a  week  were 
equal  to  those  of  the  United  States  for  a  year, 
and  which  the  framers  of  the  constitution  had  so 
carefully  secured  and  guarded  for  their  country. 
A  national  bank  was  the  only  remedy  thought 
of.    Its  constitutionality  was  believed  by  some 
to  have  been  vindicated  by  the  events  of  the  war. 
Its  expediency  was  generally  admitted.     The 
whole  argument  turned  upon  the  word  "  neces- 
sary," as  used  in  the  grant  of  implied  powers  at 
the  end  of  the  enumeration  of  powers  expressly 
granted  to  Congress ;  and  this  necessity  was  af- 
firmed and  denied  on  each  side  at  the  time  of  the 
establishment  of  the  first  national  bank,  with  a 
firmness  and  steadiness  which  showed  that  these 
fiithers  of  the  constitution  knew  that  the  whole 
field  of  argument  lay  there.    Washington's  que- 
ries to  his  cabinet  went  to  that  point ;  the  close 
reasoning  of  Hamilton  and  Jefferson  turned  up- 
on it.    And  it  is  worthy  of  note,  in  order  to  show 
how  mucli  war  has  to  do  with  the  working  of 
government,  and  the  trying  of  its  powers,  that 
the  strongest  illustration  used  by  General  Ham- 
ilton, and  the  one,  perhaps,  which  turned  the 
question  in  Washington's  mind,  was  the  stale 
of  the  Indian  war  in  tho  Northwest,  then  just 
become  a  charge  upon  the  new  federal  govern- 
ment, and  beginning  to  assume  the  serious  char- 
acter which  it  afterward  attained.    To  carry  on 
war  at  that   time,  with  such  Indians  as  were 
then,  supported  by  the  British   traders,  them- 
selves countenanced   by  their  government,  at 
such  a  distance  in  the  wilderness,  and  by  the 
young  federal  government,  was  a  severe  trial 
upon  the  finances  of  the  federal  treasury,  as  well 
as  upon  the  courage  and  discipline  of  the  troops ; 
and  General  Hamilton,  the  head  of  the  treasury, 
argued  that  with  the  aid  of  a  national  bank,  the 
war  would  be  better  and  more  successfully  con- 
ducted :  and,  therefore,  that  it  was  "  necessary,''^ 


f 


^ 


and : 
a  gr."! 
war. 


v^> 


iiilts  is  necessary 
:ial  lesson,  taught 

3  second  national 
he  failure  of  tho 
)ve  the  necessity 
rc-establishmcnt 
ccepted  remedy. 
I  currency  of  the 
i  gold  currency 
world  had  been 
if  the  world,  and 
ir  a  week  were 
tates  for  a  year, 
istitution  had  so 
>r  their  country, 
remedy  thought 
elieved  by  some 
•ents  of  tho  war. 
admitted.     The 
e  word  "  neces- 
iplied  powers  at 
)wers  expressly 
ecessity  was  af 
;  the  time  of  the 
al  bank,  with  a 
)wed  that  these 
that  the  whole 
shington's  que- 
oint ;  the  close 
on  turned  up- 
order  to  show 
le  working  of 
powers,  that 
General  Ham- 
\  turned  the 
yas  the  state 
est,  then  just 
leral  govern- 
serious  char- 
To  carry  on 
ans  as  were 
aders,  them- 
ernment,  at 
and  by  the 
severe  trial 
mry,  as  well 
the  troops ; 
lie  treasury, 
1.1  bank,  the 
isfuUy  con- 
leceasaryy" 


FROM  1816  TO  1820. 


8 


4 


and  might  be  established  as  a  means  of  executing 
a  granted  power,  to  wit,  tho  power  of  making 
war.  That  war  terminated  well ;  and  the  bank 
i^  having  been  established  in  tho  mean  time,  got 
the  credit  of  having  furnished  its  "sinews." 
The  war  of  1812  languished  under  tho  state  of 
the  finances  and  the  currency,  no  national  bank 
existing ;  and  this  want  seemed  to  all  to  be  the 
cause  of  its  difficulties,  and  to  show  the  neccssi- 

Ity  for  a  bank.    The  second  national  bank  was 
then  established — many  of  its  old,  most  able, 
and  conscientious  opponents  giving  in  to  it,  Mr. 
Madison  at  their  head.     Thus  the  question  of  a 
national  bank  again  grew  up — grew  up  out  of 
the  events  of  the  war — and  was  decided  against 
the  strict  construction  of  the  constitution — to 
the  weakening  of  a  principle  which  was  funda- 
mental in  the  working  of  the  government,  and  to 
the  damage  of  the  party  which  stood  upon  the 
doctrine  of  a  strict  construction  of  the  constitu- 
tion.   But  in  the  course  of  the  "  Thirty  Years  " 
of  which  it  is  proposed  to  take  a  "  View,"  some  of 
the  younger  generation  became  impressed  with 
the  belief  that  the  constitutional  currency  had 
not  had  a  fair  trial  in  that  war  of  1812 !  that,  in 
fact,  it  had  had  no  trial  at  all !  that  it  was  not 
even  in  the  field !  not  even  present  at  the  time 
when  it  was  supposed  to  have  failed !  and  that 
it  was  entitled  to  a  trial  before  it  was  condemned. 
That  trial  has  been  obtained    The  second  nation- 
al bank  was  left  to  expire  upon  its  own  limita- 
tion.    The  gold  currency  and  the  independent 
treasury  were  established.     The  Mexican  war 
tried  them.     They  triumphed.     And  thus  a  na- 
tional bank  was  shown  to  be  "unnecessary," 
and  therefore  unconstitutional.      And  thus  a 
great  question  of  constitutional  construction,  and 
of  party  division,  three  times  decided  by  the 
events  of  war,  and  twice  against  the  constitution 
and  the  strict  constructionists,  was  decided  the 
last  time  in  their  favor ;  and  is  entitled  to  stand, 
being  the  last,  and  the  only  one  in  which  the 
constitutional  currency  had  a  trial. 

3.  The  protection  of  American  industry,  as  a 
substantive  object,  independent  of  tho  object  of 
revenue,  was  a  third  question  growing  out  of  the 
war.  Its  incidental  protection,  under  the  reve- 
nue clause  in  the  constitution,  had  been  always 
acknowledged,  and  granted ;  but  protection  as  a 
substantive  object  was  a  new  question  growing 
out  of  the  state  of  things  produced  by  the  war. 
Domestic  manufactures    had   taken  root    and 


grown  up  during  the  non-importation  periods  of 
the  embargo,  and  of  hostilities  with  Great  Bri- 
tain, and  under  the  temporary  double  duties 
which  ensued  the  war,  and  which  were  laid  for 
revenue.    They  had  grown  up  to  be  a  largo 
interest,  and  a  new  one,  classing  in  importance 
after  agriculture  and  commerce.     The  want  of 
articles  necessary  to  national  defence,  and  of 
others   essential    to    individual    comfort — then 
neither  imported  nor  made  at  home — had  been 
felt  during  the  interruption  of  commerce  occa- 
sioned by  the  war;    and  the  advantage  of  a 
domestic  supply  was  brought  homo  to  the  con- 
viction of  the  public  mind.     The  question  of 
protection  for  the  sake  of  protection  was  brought 
forward,  and  carried  (in  the  year  1816)  ;  and 
very  unequivocally  in  the  minimum  provision  in 
relation  to  duties  on  cotton  goods.    This  reversed 
the  old  course  of  legislation — made  protection 
the  object  instead  of  the  incident,  and  revenue 
the  incident  instead  of  th'j  object;   and   was 
another  instance  of  constitutional  construction 
being  made  dependent,  not  upon  its  own  words 
but  upon  extrinsic,  accidental  and  transient  cir 
cumstances.    It  introduced  a  new  and  a  large 
question  of  constitutional  law,  and  of  national 
expediency,  fraught  with  many  and  great  conse- 
quences, which  fell  upon  the    period   of   the 
Thirty  Years'  Vikw  to  settle,  or  to  grapple 
with. 

4.  Tho  question  of  internal  improvement 
within  the  States,  by  the  federal  government, 
took  a  new  and  large  development  after  the  war. 
The  want  of  facilities  of  transportation  had  been 
felt  in  our  military  operations.  Roads  were  bad, 
and  canals  few ;  and  the  question  of  their  con- 
struction became  a  prominent  topic  in  Congress 
common  turnpike  loads — for  railways  had  not 
then  been  invented,  nor  had  MacAdam  yet  given 
his  name  to  the  class  of  roads  which  has  since 
borne  it.  The  power  was  claimed  as  an  incident 
to  the  granted  powers — as  a  means  of  doing 
what  was  authorized — as  a  means  of  accomplish- 
ing an  end :  and  the  word  "  necessary  "  at  the 
end  of  the  enumerated  powers,  was  the  phrase 
in  which  this  incidental  power  was  claimed  to 
have  been  found.  It  was  the  same  derivation 
which  was  found  for  tho  creation  of  a  national 
bank,  and  involved  vciy  nearly  the  same  division 
of  parties.  It  greatly  complicated  the  national 
legislation  from  1820  to  1850,  bringing  the  two 
parts  of  our  double  system  of  government — State 


PRELIMINARY  VIEW, 


!   i 


and  Federal— into  serious  disagreement,  and 
threatening  to  compromise  their  harmonious 
action.  Grappled  with  by  a  strong  hand,  it 
seemed  at  one  time  to  have  been  settled,  and 
consistently  with  the  rights  of  the  States ;  but 
sometimes  returns  to  vex  the  deliberations  of 
Congress.  To  territories  the  question  did  not 
extend.  They  have  no  political  rights  under  the 
constitution,  and  are  governed  by  Congress 
according  to  its  discretion,  under  that  clause 
which  authorizes  it  to  "dispose  of  and  make  all 
needful  rules  and  regulations  respecting  the  ter- 
ritory or  other  property  belonging  to  the  United 
States."  The  improvement  of  rivers  and  har- 
bors, was  a  branch  of  the  internal  improvement 
question,  but  resting  on  a  different  clause  in 
the  constitution— the  commercial  and  revenue 
clause— and  became  complex  and  difficult  from 
its  extension  to  small  and  local  objects.  The 
party  of  strict  construction  contend  for  its 
rpstriction  to  national  objects — rivers  of  national 
character,  and  harbors  yielding  i-evenuc, 

5.  The  boundaries  between  the  treaty-mak- 
ing and  the  legislative  departments  of  the 
government,  became  a  subject  of  examination 
after  the  war,  and  gave  rise  to  questions  deeply 
affecting  the  working  of  these  two  departments. 
A  treaty  is  the  supreme  law  of  the  land,  and  a.s 
such  it  becomes  obligatory  on  the  House  of 
Representatives  to  vote  the  money  which  ii  stipu- 
lates, and  to  co-operate  in  forming  the  laws 
necessary  to  carry  it  into  effect.  That  is  the 
broad  proposition.  The  qualification  is  in  tlie 
question  whether  the  treaty  is  confined  to  the 
business  of  the  treaty-making  power?  to  the 
subjects  which  fall  under  its  jurisdiction  ?  and 
does  not  encroach  upon  the  legislative  power  of 
Congress  ?  This  is  the  qualification,  and  a  vital 
one :  for  if  the  President  and  Senate,  by  a  treaty 
with  a  foreign  power,  or  a  tribe  of  Indians,  could 
exercise  ordinary  legislation,  and  make  it  su- 
preme, a  double  injury  would  have  been  done, 
and  to  the  prejudice  of  that  branch  of  the 
government  which  lies  closest  to  the  people,  and 
emanates  most  directly  from  them.  Confine- 
ment to  their  separate  jurisdic'ions  is  the  duty 
of  each ;  but  if  encroachments  take  place,  which 
is  to  judge  ?  If  the  President  and  Senate  invade 
the  legislative  field  of  Congress,  which  is  to 
judge  ?  or  who  is  to  judge  between  them  ?  or  is 
each  to  judge  for  itself?  The  House  of  Repre- 
sentatives, and  the  Senate  in  its  legislative  capa- 


city, but  especially  the  House,  as  the  great 
constitutional  depository  of  the  legislative  power, 
becomes  its  natural  guardian  and  defender,  and 
is  entitled  to  deference,  in  the  event  of  a  differ-  4 
ence  of  opinion  between  the  two  branches  of  the 
government.  The  discussions  in  Congress  be- 
tween 1815  «nd  1820  greatly  elucidated  this 
question;  and  while  leaving  unimpugned  the 
obligation  of  the  House  to  carry  into  effect  a 
treaty  duly  made  by  the  President  and  Senate 
within  the  limits  of  the  treaty  making  power — 
upon  matters  subject  to  treaty  regulation — yet 
it  belongs  to  the  House  to  judge  when  these 
limits  have  been  transcended,  and  to  preserve 
inviolate  the  field  of  legislation  which  the  consti- 
tution has  intrusted  to  the  immediate  represen- 
tatives of  the  people. 

6.  The  doctrine  of  secession — the  right  of  a 
State,  or  a  combination  of  States,  to  withdraw 
from  the  Union,  was  born  of  that  war.  It  was 
repugnant  to  the  New  England  States,  and 
opposed  by  them,  not  with  arms,  but  with  argu- 
ment and  remonstrance,  and  refusal  to  vote 
supplies.  They  had  a  convention,  famous  tinder 
the  name  of  Hartford,  to  which  the  design  of 
secession  was  imputed.  That  design  was  never 
avowed  by  the  convention,  or  authentically 
admitted  by  any  leading  member ;  nor  is  it  the 
intent  of  this  reference  to  decide  upon  the  fact 
of  that  design.  The  only  intent  is  to  show  that 
the  existence  of  that  convention  raised  the  ques- 
tion of  secession,  and  presented  the  first  instance 
of  the  greatest  danger  in  the  working  of  the 
double  form  of  our  government — that  of  a  col- 
lision between  a  part  of  the  States  and  the 
federal  government.  This  question,  and  this 
danger,  first  arose  then — grew  out  of  the  war  of 
1812 — and  were  hushed  by  its  sudden  termina- 
tion; but  they  have  reappeared  in  a  different 
quarter,  and  will  come  in  to  swell  the  objects  of 
the  Thirty  Years'  View.  At  the  time  of  its 
first  appearance  the  right  of  secession  was  re- 
pulsed and  repudiated  by  the  democracy  gene- 
rally, and  in  a  large  degree  by  the  federal 
party — the  difference  between  a  Union  and  a 
League  being  better  understood  at  that  time 
when  so  many  of  the  fathers  of  the  new  govern- 
ment were  still  alive.  The  leading  language  in 
respect  to  it  south  of  the  Potomac  was,  that  no 
State  had  a  right  to  withdraw  from  the  Union — 
that  it  required  the  same  power  to  dissolve  as 
to  form  the  Union — and  that  any  attempt  to 


i 


i\i 


FROM  1816  TO  1820. 


ISO,  as  tho  great 
!  legislative  power, 
md  defender,  and 

event  of  a  difler- 
'o  branches  of  tho 

in  Congress  be- 
7  elucidated  this 

unimpugned  the 
irry  into  effect  a 
i<lent  and  Senate 
making  power — 
'•  regulation— yet 
idge  when  these 

and  to  preserve 
which  theconsti- 
nediate  represen- 

— the  right  of  a 
:es,  to  withdraw 
at  war.    It  was 
md  States,  and 
,  but  with  argu- 
rcfusal   to  vote 
n,  famous  under 
I  tho  design  of 
esign  was  never 
r  authentically 
r ;  nor  is  it  tho 
B  upon  tho  fact 
is  to  show  that 
aised  the  ques- 
0  first  instance 
forking  of  tho 
-that  of  a  col- 

tates  and  the 
tion,  and  this 

of  the  war  of 
dden  termina- 
in  a  different 
the  objects  of 
he  time  of  its 
ssion  was  re- 
nocracy  gcne- 
the  federal 
IJnion  and  a 
at  that  time 

new  govern- 
'  language  in 

was,  that  no 

tho  Union — 

)  dissolve  as 

attempt  to 


i 


disi^olve  it,  or  to  obstruct  tho  action  of  constitu- 
tional laws,  was  treason.  If,  since  tliat  time, 
political  parties  and  sectional  localities,  have 
exehangc<l  attitudes  on  this  question,  it  cannot 
alter  the  question  of  right,  and  may  receive  some 
interest  from  tho  development  of  causes  which 
produce  such  changes.  Secession,  a  question  of 
speculation  during  the  war  of  1812,  has  become 
a  practical  question  (almost)  during  the  Thirty 
Years;  and  thus  far  has  been  "compromised," 
not  settled. 

7.  Slavery  agitation  took  its  rise  during  this 
time  (18]9-'20),  in  tho  form  of  attempted 
restriction  on  the  State  of  Missouri — a  prohibi- 
tion to  hold  slaves,  to  bo  placed  upon  her  as  a 
condition  of  her  admission  into  the  Union,  and 
to  be  binding  upon  her  afterwards.  This  agita- 
tion came  from  tho  North,  and  under  a  federal 
lead,  and  soon  swept  both  parties  into  its  vortex. 
It  was  quieted,  so  far  as  that  form  of  the  ques- 
tion was  concerned,  by  admitting  the  State 
without  restriction,  and  imposing  it  on  the 
remainder  of  tho  Louisiana  territory  north  and 
west  of  that  State,  and  above  the  parallel  of  3G 
degrees,  30  minutes ;  which  is  the  prolongation 
of  the  southern  boundary  line  of  Virginia  and 
Kentucky.  This  was  called  a  "compromise," 
and  was  all  clear  gain  to  the  antislavery  side 
of  the  question,  and  was  done  under  the  lead  of 
the  united  slave  state  vote  in  the  Senate,  the 
majority  of  that  vote  in  the  House  of  Represen- 
tatives, and  the  undivided  sanction  of  a  Southern 
administration.  It  was  a  Southern  measure,  and 
divided  free  and  slave  soil  liir  more  favorably  to 
the  North  than  the  ordinance  of  1787.  That 
divided  about  equally :  this  of  1820  gave  about 
all  to  the  North.  It  abolished  slavery  over  an 
iirmense  extent  of  territory  where  it  might  then 
legally  exist,  over  nearly  the  whole  of  Louisiana, 
left  it  only  in  Florida  and  Arkansas  territory,  and 
opened  no  new  territory  to  its  existence.  It 
was  an  immense  concession  to  the  non-slave- 
holding  States ;  but  the  genius  of  slavery  agita- 
tion was  not  laid.  It  reappeared,  and  under 
different  forms,  iirst  from  the  North,  in  the  shape 
of  petitions  to  Congress  to  influence  legislation 
on  the  subject ;  then  from  the  South,  as  a  means 
of  exciting  one  half  the  Union  against  the  other, 
and  laying  the  foundation  for  a  Southern  confede- 
racy, ^"^ith  this  new  question,  in  all  its  forms, 
the  men  of  the  new  generation  have  had  to  grap- 
ple for  the  whole  period  of  the  "  Thirty  Years." 


8.  The  war  had  created  a  debt,  which,  added 
to  a  balance  of  that  of  the  Revolution,  the  pur- 
chase of  Louisiana,  and  some  other  items,  still 
amounted  to  ninety-two  millions  of  dollars  at 
the  period  of  the  commencement  of  this  "  View ; " 
and  the  problem  was  to  be  solved,  wliether  a 
national  debt  could  be  paid  and  extinguished  in  a 
season  of  peace,  leaving  a  nation  wholly  free 
from  that  encumbrance ;  or  whether  it  was  to  go 
on  increasing,  a  burthen  in  itself,  and  absorbing 
with  its  interest  and  changes  an  annual  portion 
of  the  public  revenues.  That  problem  was 
solved,  contrary  to  tho  experience  of  the  world, 
and  the  debt  paid;  and  the  practical  benefit 
added  to  the  moral,  of  a  corresponding  reduction 
in  tho  public  taxes. 

9.  Public  distress  was  a  prominent  feature 
of  the  times  to  be  embraced  in  this  Prkliminary 
ViKW.  The  Bank  of  the  United  States  was 
chartered  in  1816,  and  before  1820  had  perform- 
ed one  of  its  cycles  of  delusive  and  bubble  pros- 
perity, followed  by  actual  and  wide-spread 
calamity.  The  whole  paper  system,  of  which  it 
was  the  head  and  the  citadel,  after  a  vast  expan- 
sion, had  suddenly  collapsed,  spreading  desola- 
tion over  the  land,  and  carrying  ruin  to  debtors. 
The  years  1819  and  '20  were  a  period  of  gloom 
and  agony.  No  money,  either  gold  or  silver :  no 
paper  convertible  into  specie:  no  measure,  or 
standard  of  value,  left  remaining.  The  local 
banks  (all  but  those  of  New  England),  after  a 
brief  resumption  of  specie  payments,  again  sank 
into  a  state  of  suspension.  The  Bank  of  the 
United  States,  created  as  a  remedy  for  all  those 
evils,  now  at  tho  head  of  tho  evil,  prostrate  and 
helpless,  with  no  power  left  but  that  of  suing  its 
debtors,  and  selling  their  property,  and  purchas- 
ing for  itself  at  its  own  nominal  price.  No  price 
for  property,  or  produce.  No  sales  but  those  of 
the  sheriff  and  the  marshal.  No  purchasers  at 
execution  sales  but  the  creditor,  or  some  hoarder 
of  money.  No  employment  for  industry — no 
demand  for  labor — no  sale  for  the  product  of  the 
farm — no  sound  of  the  hammer,  but  that  of  the 
auctioneer,  knocking  down  property.  Stop 
laws — property  laws — replevin  laws — stay  laws 
— loan  ofBce  laws — the  intervention  of  the  legis- 
lator between  tho  creditor  and  the  debtor :  this 
was  the  business  of  legislation  in  three-fourths 
of  the  States  of  the  Union — of  all  south  and 
west  of  New  England.  No  medium  of  exchange 
but  depreciated  paper:  no  change  even,  but 


PRELIMINARY  VIEW. 


little  bits  of  foul  paper,  marked  so  many  cents, 
and  signed  by  some  trades:man,  barber,  or  inn- 
keeper: exchanges  deranged  to  the  extent  of 
fifty  or  one  hundred  per  (sjnt.    Distress,  the 
unircrsal  cry  of  the  people :  Relief,  the  univer- 
sal demand  thundered  at  the  doors  of  all  legisla- 
tures, State  and  federal.    It  was  at  the  moment 
when  this  distress  had  reached  its  maximum — 
1820-'21— and  had  come  with  its  accumulated 
force  upon  the  machine  of  the  federal  govern- 
ment, that  this  "  View  "  of  its  working  begins. 
It  is  a  doleful  starting  point,  and  may  furnish 
great  matter  for  contrast,  or  comparison,  at  its 
concluding  period  in  1850. 

Such  were  some  of  the  questions  growing  out 
of  the  war  of  1812,  or  immediately  ensuing  its 
termination.  That  war  brought  some  difficul- 
ties to  the  new  generation,  but  also  great  advan- 
tages, at  the  heod  of  them  the  elevation  of  the 
national  character  throughout  the  world.  It 
immensely  elevated  the  national  character,  and, 
■s  a  consequence,  put  an  end  to  insults  and  out- 


rages to  which  wo  had  been  subject.    No  more 
impressments :  no  moi-e  searching  our  ships:  no 
more  killing :  no  more  carrying  off  to  bo  forced 
to  servo  on  British  ships  against  their  own  coun- 
try.   The  national  flag  became  respected.    It 
became  the  JEgin  of  those  who  were  under  it.   Tho 
national   character  appeared    in  a  new    light 
abroad.    We  were  no  longer  considered  as  a 
people  so  addicted  to  commerce  as  to  be  insensi- 
ble to  insult:  and  wo  reaped  all  the  advantages 
social,  political,  commercial,  of  this  auspicious 
change.    It  was  a  war  necessary  to  the  honor  and 
interest  of  tho  United  States,  and  was  bravely 
fought,  and  honorably  concluded,  and  makes  a 
proud  era  in  our  history.    I  was  not  in  public  life 
at  tho  time  it  was  declared,  but  have  understood 
from  those  who  were,  that,  except  for  tho  exer- 
tions of  two  men  (Mr.  Monroe  in  tho  Cabinet 
and  Mr.  Clay  in  Congress),  tho  declaration  of 
war  could  not  have  been  obtained.    Honor  to 
their  memories ! 


4 


I 


'      I 


THIRTY    YEARS'    VIEW. 


CHAPTER    T. 

PEBSONAL  ASPECT  OP  THE  GOVERNMENT. 

All  the  departments  of  the  government  appear- 
ed to  great  advantage  in  the  personal  character 
of  their  administrators  at  the  time  of  my  arrival 
as  Senator  at  Washington.    Mr.  Monroe  was 
President ;  Governor  Tompkins,  Vice-President ; 
Mr.  John  Quincy  Adams,  Secretary  of  State; 
Mr.  William  II.  Crawford,  Secretary  of  the 
Treasvry;  Mr.  John  C.  Calhoun,  Secretary  at 
War ;  Mr.  Smith  Thompson,  of  New- York,  Sec- 
retary of  the  Navy ;  Mr.  John  McLean,  Post- 
master General ;  William  Wirt,  Esq.,  Attorney 
General.    These  constituted  the  Executive  De- 
partment, and  it  would  bo  difficult  to  find  in 
any  government,  in  any  country,  at  any  time, 
more  talent  and  experience,  more  dignity  and 
decorum,  more  purity  of  private  life,  a  larger 
mass  of  information,  and  more  addiction  to  busi- 
ness, than  was  comprised  in  this  list  of  celebrated 
names.    The  Icgislativie  department  was  equally 
impressive.    The  Senate  presented  a  long  list  of 
eminent  men  who  had  become  known  by  their 
services  in  the  federal  or  State  governments, 
and  some  of  them  connected  with  its  earliest 
history.    From  New- York  there  were  Mr.  Rufus 
King  and  Nathan  Sanford ;  from  Massachusetts, 
Mr.  Harrison  Gray  Otis ;  from  North  Carolina, 
Mr.  Macon  and  Governor  Stokes ;  from  Virginia, 
the  two  Governors,  James  Barbour  and  James 
Pleasants;    from    South   Carolina,    Mr.  John 
Gaillard,  so  often  and  so  long  President,  'pro 
tempore,  of  the  Senate,  and  Judge  William 
Smith;  from  Rhode  Island,  Mr.  William  Hun- 
ter ;  from  Kentucky,  Colonel  Richard  M.  John- 
son; from  Louisiana,  Mr.  James  Brown  and 
Governor  Henry  Johnson ;  7i\)ux  Maryland,  Mr. 


William  Pinkney  and  Governor  Edward  Lloyd ; 
from  New  Jersef ,  Mr.  Samuel  L.  Southard ; 
Colonel  John  Williams,  of  Tennessee  ;  William 
R.  King  and  Judge  Walker,  from  Alabama; 
and  many  others  of  later  date,  afterwards  be- 
coming eminent,  and  who  will  bo  noted  in  their 
places.     In  the  House  of  Representatives  there 
was  a  great  array  of  distinguished  and  of  busi- 
ness tolent,      Mr.   Clay,  Mr.   Randolph,   Mr. 
Lowndes  were  there.    Mr.  Henry  Baldwin  and 
Mr.  John  Sergeant,  from  Pennsylvania;   Mr. 
John  W.  Taylor,  Speaker,  and  Henry  Storra, 
from  New-York ;   Dr.  Eustis,  of  revolutionary 
memory,  and  Nathaniel  Silsbee,  of  Massachu- 
setts ;  Mr.  Louis  McLane,  from  Delaware  ;  Gen- 
eral Samuel  Smith,  from  Maryland ;  Mr.  William 
S.  Archer,  Mr.  Philip  P.  Barbour,  General  John 
Floyd,  General  Alexander  Smythe,  Mr.  John 
Tyler,  Charles  Fenton  Mercer,  George  Tucker, 
from    Virginia;    Mr.    Lewis     Williams,    who 
entered  the  House  young,  and  remained  long 
enough  to  be  called  its  "Father,"  Thomas  IL 
Hall,  Weldon  N.  Edwards,  Governor  Hutchina 
G.  Burton,  from    North  Carolina;   Governor 
Earle  and  Mr.  Charles  Pinckney,  from  South 
Carolina ;  Mr.  Thomas  W.  Cobb  and  Governor 
George  Gilmer,  from  Georgia ;  Messrs.  Richard 
C.  Anderson,  Jr.,  David  Trimbloj  George  Robert- 
son, Benjamin  Hardin,  and  Governor  Metcalfe^ 
from  Kentucky ;  Mr.  John  Rhea;  of  revolution- 
ary service.  Governor  Newton  Cannon,  Francis 
Jones,  General  John  Cocke,  from  Tcbnossee  j 
Messrs.  John  W.  Campbell,  .John  Sloan  and 
Henry  Bush,  from  Ohio ;  Mr.  William  Hen« 
dricks,  from   Indiana;    Thomas    Butler,  from 
Louisiana;  Daniel  P.  Cook,  from  Illinois;  John 
Orowell,  from  Alabama ;  Mr.  Christopher  Ran*- 
kin,  from  Mississippi ;  and  a  great  many  otheB 
business  men  of  worth  and  character  from  the 


8 


THIRTY  YEARS'  VIEW, 


diflbrent  States,  constitutin;?  h  natioiml  rfpn'- 
Bcntation  of  great  \vii(;lit,  clTlciency  ami  <lcconiin. 
The  Supremo  Court  was  still  presiiled  over  ]>y 
Chief  Justice  Jfarsliall,  almost  septuagenarian, 
and  fltill  in  the  vi{,'or  of  his  intellect,  assDi  iated 
with  Mr.  Justice  Story,  Mr.  Justice  Johnson,  of 
South  Carolina,  Mr.  Justice  Duval,  and  -Mr. 
Justice  Washington,  of  Virginia.  Thus  all  the 
departments,  and  all  thr;  branches  of  the  govern- 
ment, were  ably  and  decorously  filled,  and  the 
friends  of  popular  representative  institutions 
might  contemplate  their  administratioa  with 
pride  and  pleasure,  and  challenge  their  com- 
parison with  any  government  in  the  world. 


CHAPTER   II. 

ADMISSION  OF  THE  STATK  OP  MISSOUlil. 

This  was  the  exciting  and  agitating  question  of 
the  session  of  1820-'21.  The  question  of  re- 
striction, that  is,  of  prescribing  the  abolition  of 
slavery  within  her  limits,  had  been  "compro- 
mised "  the  session  before,  by  agreeing  to  admit 
the  State  without  restriction,  and  abolishing  it  in 
all  the  remainder  of  the  province  of  Louisiana, 
north  and  west  of  the  State  of  Missouri,  and 
north  of  the  parallel  of  36  degrees,  30  minutes. 
This  "  compromise  "  was  the  work  of  the  South, 
sustained  by  the  united  voice  of  Mr.  Monroe's 
cabinet,  the  united  voices  of  the  Southern  sena- 
tors, and  a  majority  of  the  Southern  representa- 
tives. The  unanimity  of  the  cabinet  has  been 
shown,  impliedly,  by  a  letter  of  Mr.  Monroe, 
and  positively  by  the  Diary  of  Mr.  John  Quincy 
Adams.  The  unanimity  of  the  slave  States  in  the 
Senate,  where  the  measure  originated,  is  shown  by 
its  journal,  not  on  the  motion  to  insert  the  section 
constituting  the  compromise  (for  on  that  motion 
the  yeas  and  nays  were  not  taken),  but  on  the 
motion  to  strike  it  out,  when  they  were  taken, 
and  showed  30  votes  for  the  compromise,  and  15 
against  it — every  one  of  the  latter  from  non- 
slaveholding  States — the  former  comprehending 
every  slave  State  vote  present,  and  a  few  from 
the  North.  As  the  constitutionality  of  this 
compromise,  and  its  binding  force,  have,  in  these 
latter  times,  begun  to  be  disputed,  it  is  well  to 
give  the  list  of  the  senators  names  voting  for  it, 


that  it  may  be  seen  that  they  were  men  of  judg* 
mint  and  weight,  able  to  know  what  the  const! 
tut  ion  was,  and  not  apt  to  violate  it.  They  wero 
Governor  Barbour  and  Governor  Pleasants,  ol 
Virginia;  Jlr.  James  Brown  and  (Jovernor 
Ileniy  Johnson,  of  Louisiana;  Governor  Ed- 
waiils  and  Judge  Jesse  B.  Thomas,  of  Illinois; 
Mr.  Elliott  and  Mr.  Walker,  of  Georgia;  Mr. 
Gaillanl,  President,  pro  tempore,  of  the  Senate, 
and  Judge  William  Smith,  from  South  Carolina ; 
Messrs.  Horsey  and  Van  Dyke,  of  Delaware ; 
Colonel  Richard  M,  Johnson  and  Jiulge  Logan, 
from  Kentucky;  Mr.  William  B.  King,  since 
Vice-President  of  the  United  States,  and  Judge 
John  W.  Walker, fiom  Alabama;  Messrs.  Leake 
and  Thomas  IL  Williams,  of  Mississippi ;  Gov- 
ernor Edward  Lloyd,  and  the  great  jurist  and 
orator,  William  Pinkney,  from  Maryland  j  Mr. 
Macon  and  Governor  Stokes,  from  North  Caro- 
lina ;  Messrs.  Walter  Lowrio  and  Jonathan 
Roberts,  from  Pennsylvania ;  Mr.  Noble  and 
Judge  Taylor,  from  Indiana ;  Mr.  Palmer,  from 
Vermont;  Mr.  Parrott,  from  New  Hampshire. 
This  was  the  vote  of  the  Senate  for  the  compro- 
mise. In  the  House,  there  was  some  division 
among  Southern  members ;  but  the  whole  vote 
in  favor  of  it  was  134,  to  42  in  the  negative — the 
latter  comprising  some  Northern  members,  as 
the  former  did  a  majority  of  the  Southern — 
among  them  one  whose  opinion  had  a  weight 
never  exceeded  by  that  of  any  other  American 
statesman,  William  Lowndes,  of  South  Carolina. 
This  array  of  names  shows  the  Missouri  com- 
promise to  have  been  a  Southern  measure,  and 
the  e\cnt  put  the  seal  upon  that  character  by 
shon  ing  it  to  be  acceptable  to  the  South.  But 
it  had  not  allayed  the  Northern  feeling  against 
an  increase  of  slave  States,  then  openly  avowed 
to  be  a  question  of  political  power  between  the 
two  sections  of  the  Union.  The  State  of  Mis- 
souri made  her  constitution,  sanctioning  slavery, 
and  forbidding  the  legislature  to  interfere  with  it. 
This  prohibition,  not  usual  in  Stp.te  constitutions, 
was  the  effect  of  the  Missouri  controversy  and 
of  foreign  interference,  and  was  adopted  for  the 
sake  of  peace — for  the  sake  of  internal  tranquil- 
lity— and  to  prevent  the  agitation  of  the  slave 
question,  which  could  only  be  accomplished  by 
cxu.uding  it  wholly  from  the  forum  of  elections 
and  legislation.  I  was  myself  the  instigator  of 
that  prohibition,  and  the  cause  of  its  being  put 
into  the  constitution — though  not  a  member  of 


]ina,  { 

a  res 

passe 

of  M 

but 

tives 

passi 

Hou 

by  I 

witl 

byl 

Sen 


ANNO  1820.    JAMES  MONROE,  PREHIDENT. 


9 


LTo  men  of  judg^ 
wlmt  tlic  consti 
i  it.     T lu>y  were 
or  Pliasonts,  ol 
anrl    (Jovernor 
'« over  nor  EJ- 
111  as,  of  Illinois; 
f  Georgia;  Mr. 
,  of  the  Senate, 
South  Carolina; 
I  of  Delaware; 
I  Judge  Logan, 
IJ.  King,  since 
»tes,  and  Judge 
Messrs.  Leake 
isissippi;  Gov- 
reat  jurist  and 
laryland;  Mr. 
n  North  Caro- 
ind    Jonathan 
fr.  Noble  and 
Palmer,  from 
tv  Hampshire, 
ir  the  compro- 
somc  division 
lie  whole  vote 
negative — the 
members,  as 
!  Southern — 
lad  a  weight 
ler  American 
ith  Carolina, 
issouri  com- 
neasure,  and 
laracter  by 
south.    But 
ing  against 
nly  avowed 
etwcen  the 
ate  of  Mis- 
ng  slavery, 
ere  with  it. 
istitutions, 
)versy  and 
ed  for  the 
tranquil- 
the  slave    ' 
ilished  by 
elections 
igator  of 
)eing  pqt 
ember  of 


the  convention — btingiciually  opjwsed  to  slavery  ]  Ik;  expodicnt  or  not,  to  make  provision  for  the 


agitation  and  to  8!«\ery  extension.     Thert!  was 
also  a  clause  in  it,  authoii/.ing  the  legislature  to 
prohibit  the  emigration  of  free  people  of  color 
into  the  State ;  and  this  clause  was  laid  hold  of 
in  Congress  to  resist  the  admission  of  the  State. 
It  was  treated  as  a  breach  of  that  clause  in  the 
federal    constitution,    which    guarantees  cipial 
privile{';es  in  all   the   States  to  the  citizens  of 
every  State,  of  which  privileges  the  right  of 
emigRition  was  one ;  and  free  people  of  color 
being  admitted  to  citizenship  in  some  of  the 
States,  this  prohibition  of  emigration  was  held 
to  be  a  violation  of  that  privilege  in  their  per- 
sons.   But  the  real  point  of  objection  was  the 
slavery  clause,  and  the  existence  of  slavery  in 
the  State,  which  it  sanctioned,  and  seemed  to 
perpetuate.    The  constitution  of  the  State,  and 
her  application  for  admission,  was  presented  by 
her  late  delegate  and  representative  elect,  Mr. 
John  Scott ;  and  on  his  motion,  was  referred  to 
a  select  committee.     Mr.  Lowndes,   of  South 
Carolina,  Mr.  John  Sergeant,  of  Pennsylvania, 
and  General  Samuel  Smith,  of  Maryland,  were 
appointed    the  committee ;    and    the  majority 
being  from  slave  States,  a  resolution  was  quick- 
I3'  reported  in  favor  of  the  admission  of  the  State. 
But  the  majority  of  the  House  being  the  other 
way,  the  resolution  was  rejected,  79  to  83 — and 
by  a  clear  slavery  and  anti-slavery  vote,  the 
exceptions  being  but  three,  and  they  on  the  side 
of  admission,  and  contrary  to  the  sentiment  of 
then-  own  State.    They  were  Mr.  Henry  Shaw, 
of  Massachusetts,  and  General  Bloomfield  and 
Mr.  Bernard  Smith,  of  New-Jersey.    In  the 
Senate,  the  application  of  the    State  shared  a 
similar  fate.    The  constitution  was  referred  to  a 
committee  of   three,  Messrs.    Judge    William 
Smith,  of  South  Carolina,  Mr.  James  Burrill,  of 
Rhode  Island,  and  Mr.  Macon,  of  North  Caro- 
Jina,  a  majority  of  whom  being  from  slave  States, 
a  resolution  of  admission  was  reported,   and 
passed  the  Senate — Messrs.  Chandler  and  Holmes 
of  Maine,  voting  with  the  friends  of  admission  ; 
but  was  rejected  in  the  House  of  Representa- 
tives.   A  second  resolution  to  the  same  effect 
passed  the  Senate,  and  was  again  rejected  in  the 
House.    A  motion  was  then  made  in  the  House 
by  Mr.  Clay  to  raise  a  committee  to  act  jointly 
with  any  committee  which  might  bo  appointed 
by  the  Senate,  "  to  consider  and  report  to  the 
Senate  and  the  House  respectively,  whether  it 


admission  of  Missouri  into  the  Union  on  the 
same  footing  as  the  original  States,  nnd  for  the 
due  execution  of  the  laws  of  the  United  States 
within  Missouri?  and  if  not,  whether  any  other, 
and  what  provision  adapted  to  her  actual  condi- 
tion oiight  to  be  made  by  law."    This  motion 
was  adopted  by  a  majority  of  nearly  two  to 
one — 101  to  55 — which  shows  a  largo  vote  in  its 
favor  from  the  non-slaveholding  States.  Twenty- 
three,  btiing  a  number  e(i\ial  to  the  number  of 
the  States,  were  then  appointed  on  the  part  of 
the  House,  and  were  :  Messrs.  Clay,  Thomas  W. 
Cobb,  of  Georgia ;  Mark  Langdon  Hill,  of  Mas- 
sachusetts 5    Philrp   P.  Barbour,  of    Virginia  5 
Henry  II.  Storrs,  of  New-York;  John  Cocke, 
of  Tennessee,  Christopher  Rankin,  of  Mississippi; 
William  S.  Archer,  of  Virginia ;  William  Brown, 
of  Kentucky  ;  Samuel  Eddy,  from  Rhode  Island ; 
William  D.  Ford,  of  New- York  ;  William  Cul- 
breth,  Aaron  Hackle)',  of  New-York ;  Samuel 
Moore,  of  Pennsylvania,  James  Stevens,  of  Con- 
necticut ;  Thomas  J.  Rogers,  from  Pennsylvania ; 
Henry  Southard,  of  New-Jersey ;   John  Ran- 
dolph; James  S.  Smith,  of   North  Carolina; 
William  Darlington,  of  Pennsylvania;  Nathaniel 
Pitcher,  of  New- York ;  John  Sloan,  of  Ohio,  and 
Henry  Baldwin,  of  Pennsylvania.    The  Senate 
by  a  vote  almost  unanimous — 29  to  7 — agreed 
to  the  joint  committee  proposed  by  the  House 
of  Representatives ;  and  Messrs.  John  Holmes, 
of  Maine ;  James  Barbour,  of  Virginia ;  Jona- 
than Roberts,  of  Pennsylvania ;  David  L.  Mor- 
ril,  of  New-Hampshire  ;  Samuel  L.  Southard,  of 
New-Jersey ;  Colonel  Richard  M.  Johnson,  of 
Kentucky ;  and  Rufus  King,  of  New- York,  to 
be  a  committee  on  its  part.    The  joint  commit- 
tee acted,  and  soon  reported  a  resolution  in  favor 
of  the  admission  of  the  State,  upon  the  condition 
that  her  legislature  should  first  declare  that  the 
clause  in  her  constitution  relative  to  the  free 
colored  emigration  into  the  State,  should  never 
be  construed  to  authorize  the  passage  of  any  act 
by  which  any  citizen  of  either  of  the  States  of 
the  Union  should  be  excluded  from  the  enjoy- 
ment of  any  privilege  to  which  ho  may  be  enti- 
tled under  the  constitution  of  the  United  States ; 
and   .lie  President  of  the  United  States  being 
furnished  with  a  copy  of  said  act,  should,  by 
proclamation,  declare  the  State  to  be  athnitted. 
This  resolution  was  passed  in  the  House  by  a 
close  vote — 8G  to  82 — several  members  from 


10 


TIIIRTV  YEARS'  VIEW, 


1 


ll' 


I 

n 


m 


nonsUvcholilin^  States  voting  for  it.    In  the 
Senate  il,  wuh  jiftsscd  by  two  to  one— I'M  to  14; 
and  the  rcfinin-il  declaration  having  been  Hoon 
niado  by  the  (Jem-ral  AsBi-mbiy  of  MiMsoiiri,  and 
rommimicated  to  tho  PreHident,  his  proclai  lation 
was  iHsni'd  B<TordinRly,  and  tlio  State  udiiiitted. 
An<i  tIniH  ended  tlio  •'  Missouri  controversy,"  or 
that  form  of  tlie  slavery  question  whii-h  under- 
took to  restrict  a  State  from  tho  privilcjje  of 
Imvin-  slaves  if  she  cliose.     The  question  itself, 
un<lor  other  forms,  haj<  survived,  and  still  sur- 
vives, but  not  under  tho  formi<lablo  aspect  which 
It  wore  during  that  controversy,  when  it  divided 
Congress  gcop;ra|)hicalIy,  and  uj)on  the  slave  line. 
Tho  real   strupRlo   was  political,  and   for   the 
balance  of  power,  as  frankly  declared  by  Mr. 
Rufus  Kinp,  who  disdained  dissimulation  ;  and 
in    that  stnigpio  tho  non-slaveholding  States, 
though  defeated  in  the  State  of  Missouri,  were 
successful  in  producing  tho  "compromise,"  con- 
ceived and  passed  as  a  Southern  measure.     Tiie 
rcsistanco  madu  to  tho  admission  of  the  Statu  on 
account  of  the  clause  in  relation  to  free  people 
of  color,  was  only  a  mask  to  the  real  cause  of 
opposition,  and  has  since  shown  to  bo  so  by  the 
facility  with  which  many  States,  then  voting  in 
a  body  against  tho  admission  of  Missouri  on  that 
account,  now  exclude  tho  whole  class  of  the  free 
colored  emigrant  population  from  their  borders, 
and  without  question,  by  statute,  or  by  consti- 
tutional amendment.    For  a  while  this  formida- 
ble Mis.souri  question  threatened  tho  total  over- 
throw of  all  political  parties  upon  principle,  and 
the  substitution  of  geographical  parties  discrimi- 
nated by  tho  slave  line,  and  of  course  destroying 
the  just  and  proper  action  of  tho  federal  govern- 
ment, and  leading  eventually  to  a  separation  of 
the  States.    It  was  a  federal  movement,  accru- 
ii^  to  the  benefit  of  that  party,  and  at  first  wis 
overwhelming,  sweeping  all  tho  Northern  de- 
mocracy into  its  current,  and  giving  tho  supre- 
macy to  their  adversaries.    When  this  effect 
was  perceived  the  Northern  democracy  became 
alarmed,  and  only  wanted  a  turn  or  abatement 
in  the  popular  feeling  at  home,  to  take  the  first 
opportunity  to  get  rid  of  tho  question  by  ad- 
mitting the  State,  and  re-establishing  party  lines 
upon  the  basis  of  political  principle.    This  was 
the  decided  feeling  when  I  arrived  at  Washing- 
ton, and  many  of  the  old  Northern  democracy 
took  early  opportunities  to  declare  themselves 
to  me  to  that  effect,  and  showed  that  they  were 


r^ady  to  vote  tho  admission  of  tho  State  in  any 
fonn  which  would  answer  tho  purpose,  and  nuto 
themselves  from  going  so  far  as  to  lose  their 
owa  States,  and  give  tho  ascendant  to  their  po- 
litical adversaries.  In  the  Senate,  iMessrs.  Low- 
rie  and  Uoberts,  from  Pennsylvania ;  Messrs. 
Moi-ril  and  Parrott,  from  New-IIampsliiro } 
Messrs.  Chandler  and  Holmes,  from  Maine; 
Jlr.  William  Hunter,  from  Rhode  Island ;  and 
Mr.  Southard,  from  New- Jersey,  were  of  that 
class ;  and  I  cannot  refrain  from  classing  with 
them  Messrs.  Horsey  and  Vandyke,  (Vom  Dela- 
ware, which,  though  counted  as  a  slave  State,  yot 
from  its  isolated  and  salient  position,  and  small 
number  of  slaves,  seems  more  justly  to  belong 
to  the  other  side.  In  tho  House  tho  vote  of 
nearly  two  to  one  in  favor  of  Mr.  Clay's  resolu- 
tion for  a  joint  committee,  and  his  being  allowed 
to  make  nut  his  own  list  of  tho  House  commit- 
tee (for  it  was  well  known  that  ho  drew  up  tho 
list  of  names  himself,  and  distributed  it  through 
tho  House  to  bo  voted),  suiBciontly  attest  the 
temper  of  that  body,  and  showed  the  determina- 
tion of  tho  great  majority  to  have  tho  question 
settled.  Mr.  Clay  has  been  often  complimented 
as  the  author  of  tho  "  compromise  "  of  1820,  in 
spite  of  his  repeated  <1eclaration  to  tho  contrary, 
that  measure  coming  from  the  Senate ;  but  ho  ia 
the  tmdisputed  author  of  the  final  settlement  of 
the  Missouri  controvcsy  in  the  actual  admission 
of  the  State.  He  had  many  valuable  coadjutors 
from  tho  North — Baldwin,  of  Pennsylvania; 
Storrs  and  Meigs,  of  New- York ;  Shaw,  of  Mas- 
sachusetts: and  ho  had  also  some  opponents 
from  the  South — members  refusing  to  vote  for 
the  "  conditional  "  admission  of  tho  State,  hold- 
ing her  to  be  entitled  to  absolute  admission — 
among  them  Mr.  Randolph.  I  have  been  minute 
in  stating  this  controversy,  and  its  settlement, 
deeming  it  advantageous  to  tho  public  interest 
that  history  and  posterity  should  see  it  in  the 
propc-  point  of  view ;  and  that  it  was  a  political 
movement  for  the  balance  of  power,  balked  by 
tho  Northern  democracy,  who  saw  their  own 
overthrow,  and  the  eventual  separation  of  the 
States,  in  the  establishment  of  geographical  par- 
ties divided  by  a  slavery  and  anti-slavery  line. 


Fll 

TlIE  ''I 
govern! 
diture 
ofdoUn 
ncnt  orl 
for  the  I 
trous  p< 
became  I 
policy  il 
the  forcj 
lor  annji 
which 
was  reel 
C,000  ml 
appropri 
being  rej 
tion  aniT 
the  likol 
place  at 
tion  of 
Attorney 
below  t 
After  all 
Presider 
of  dollfl 
then  to 
ment,  si 
double 
penses 
pcnse  0 
machine 
or  incid 
terest  c 
gradua' 
sions, 
$800,0 
small  i 
whole 
expens 
ment  i 
and  w 
lions 
effecte 
and   ) 
goveri 


T? 


ANNO  1820.    JAMFM  MONUOp;  rilF.SIDKNT. 


11 


tlio  Stnto  in  anj 
lurpoNo,  and  Have 
as  to  Joso  their 
lant  to  their  jio- 
to,  MesHrH.  r.ow- 
Ivaiiia;   Messrs. 
fcw-IFotnpshiro; 
i,  from  Maine; 
)do  Island;  and 
7y  wore  of  tliat 
tn  clnssinjt  with 
f'ke,  from  Dcla- 

slavo  S  til  to,  yet 
ition,  and  small 
Jstly  to  belong 
so  tho  vote  of 

Clay's  rcHolu- 
i  being  allowed 
House  commit- 
10  drew  up  tho 
ted  it  through 
titly  attest  tho 
tho  determino- 
0  tho  question 
complimented 

"  of  1820,  in 

tho  contrary, 
ite ;  but  ho  is 
ttlement  of 
admission 
coadjutors 

innsylvania } 

law,  of  Mas- 
opponents 
to  vote  for 

State,  hold- 

idmission — 

)ccn  minute 

settlement, 
ic  interest 

36  it  in  the 
a  political 
)alkcd  by 

their  own 

ion  of  the 
ihical  por- 

Jry  ]ine. 


so 
jal 


) 


C  11  APT  En  III. 

FINANCE8.-UEI)UCTION  OF  THE  AKMY. 

The  distress  of  tho  roimtry  became  that  of  tho 
governniont.  Small  as  tho  governmenc  expen- 
diture then  wos,  only  obout  twenty-one  millions 
of  dollars  (including  eleven  millions  for  perma- 
nent or  incidental  objects),  it  was  still  too  great 
for  tho  revenues  of  the  government  at  this  disas- 
trous period.  Ileductiuns  ot  expense,  and  loar", 
became  tho  resort,  and  economy — that  virtuous 
policy  in  all  times — became  the  obligatory  and 
tho  forced  policy  of  this  time.  Tho  small  regu- 
lar army  was  the  first,  and  the  largest  object  on 
which  tho  reduction  fell.  Small  as  it  was,  it 
waa  reduced  nearly  one-half — from  10,000  to 
C,000  men.  The  navy  felt  it  next — tho  annual 
appropriation  of  one  million  for  its  increase 
being  reduced  to  half  a  million.  The  con^;truc- 
tion  and  armament  of  fortifications  underwent 
tho  like  process.  Reductions  of  expense  took 
place  nt  many  other  points,  and  even  the  aboli- 
tion of  a  clerkship  of  $800  in  the  office  of  tho 
Attorney  General,  was  not  deemed  an  object 
below  the  economical  attention  of  Congress. 
After  all  a  loan  became  indispensable,  and  the 
President  was  authorized  to  borrow  five  millions 
of  dollars.  The  sum  of  twenty-one  millions 
then  to  be  raised  for  the  service  of  the  govern- 
ment, small  as  it  now  appears,  was  more  than 
double  the  amount  required  for  the  actual  ex- 
penses of  tho  government — for  the  actual  ex- 
pense of  its  administration,  or  the  working  its 
machinery.  More  than  half  went  to  permanent 
or  incidental  objects,  to  wit :  principal  and  in- 
terest of  the  public  debt,  five  and  a  half  millions ; 
gradual  increase  of  the  navy,  one  million ;  pen- 
sions, one  and  a  half  millions ;  fortifications, 
$800,000 ;  arms,  munitions,  ordnance,  and  other 
small  items,  about  two  millions ;  making  in  the 
whole  about  eleven  millions,  and  leaving  for  the 
expense  of  keeping  tho  machinery  of  govern- 
ment in  operation,  about  ton  millions  of  dollars ; 
and  which  was  reduced  to  less  than  nine  mil- 
lions after  the  reductions  of  this  year  were 
effected.  A  sum  of  one  million  of  dollars,  over 
and  above  the  estimated  expenditure  of  the 
government,  was  alw  ^ys  deemed  necessary  to  be 


provided  and  left  in  tho  treasury  to  met>t  ron« 
tingemies — a  sum  which,  though  sniull  in  itself, 
was  absolutely  unnecessary  for  that   pur{H)Ho, 
ttn<l  the  necessity  for  which  was  founded  in  tho 
mistaken    idea   that   the    government   ex|H-n(lH 
every  year,  within  tho  year,  ihe  amount  of  itn 
income.    This  is  entirely  fallacious,  and  never  did 
and  never  can  take  place  ;  for  a  large  portion  of 
tho  government  payments  accruing  within  the  lat- 
ter quarters  of  any  year  are  not  paid  until  tho  next 
year.     And  so  on  in  every  (piarter  of  every  year. 
The  sums  becoming   payable  in  each  (|uarter 
being  in  many  instances,  and  from  the  nature  of 
the  service,  only  paid  in  tho  next  qiiarter,  while 
now  revenue  is  coming  in.     This  process  regu- 
larly going  on  always  leaves  a  balance  in  tho 
treasury  at  the  end  of  tho  year,  not  called  for 
until  tho  beginning  of  tho  next  year,  and  when 
there  is  a  receipt  of  money  to  meet  the  demand, 
even  if  there   had   been  no  balance  in   hand. 
Thus,  at  tho  end  of  the  year  1820,  one  of  tho 
greatest  depression,  and  when  demands  pressed 
most  rapidly  upon  tho  treasury,  there  was  a 
balance  of  above  two  millions  of  dollars  in  tho 
treasury — to  be   precise,  l$2,O70,C07   14,  being 
one-tenth  of  the  annual  revenue.    In  prosperous 
years  the    balance    is  still    larger,  sometimes 
amounting  to  the  fourth,  or  the  fifth  of  tho  an- 
nual revenue ;  as  may  be  soon  in  tho  successive 
animal  reports  of  tho  finances.    There  is,  thero 
fore,  no  necessity  to  provide  for  keeping  any 
balance  as  a  reserve  in  the  treasury,  though  ia 
later  times  this  provision  has  been  carried  up  to 
six  millions — a  mistake  which    economy,  the 
science  of  administration,  and  the  purity  of  the 
government,  requires  to  bo  corrected. 


CHAPTER   IV 

BELIEF  OF  PUBLIC  LAND  DEBTORS. 

Distress  was  the  cry  of  the  day ;  relief  the 
general  demand.  State  legislatures  wore  occu- 
pied in  devising  measures  of  local  relief;  Con- 
gress in  granting  it  to  national  debtors.  Among 
these  was  the  great  and  prominent  class  of  the 
public  land  purchasers.  The  credit  system  then 
prevailed,  and  the  debt  to  the  government  had 


12 


THIRTY  YEARS'  VIEW. 


h-    ml'' 


accumulated  to  twenty-three  millions  of  dollars 
—a  large  sum  in  itself,  but  enormous  when  con- 
sidered in  reference  to  the  payors,  only  a  small 
proportion  of  the  population,  and  they  chiefly 
the  inhabitants  of  the  new  States  and  territories, 
whoso  resources  were  few.  Their  situation  was 
deplorable.  A  heavy  debt  to  pay,  and  lands 
already  partly  paid  for  to  be  forfeited  if  full 
payment  was  not  made.  The  system  was  this: 
the  land  was  sold  at  a  minimum  price  of  two 
dollars  per  acre,  one  payment  'in  hand  and  the 
remainder  in  four  annual  instalments,  with  for- 
feiture of  all  that  had  been  paid  if  each  succes- 
sive instalment  was  not  delivered  to  the  lay. 
In  the  eagerness  to  procure  fresh  lands,  and 
stimulated  by  the  delusive  prosperity  which 
multitudes  of  banks  created  after  the  war,  there 
was  no  limit  to  purchasers  except  in  the  ability 
to  make  the  first  payment.  That  being  accom- 
plished, it  was  left  to  the  future  to  provide  for 
the  remainder.  The  banks  failed ;  money  van- 
ished; instalments  were  becoming  due  which 
could  not  be  met ;  and  the  openii,  j  of  Congress 
in  November,  1820,  was  saluted  by  the  arrival 
of  memorials  from  all  the  new  States,  showing 
the  distress,  and  praying  relief  to  the  purchasers 
of  the  public  lands.  The  President,  in  liis  an- 
nual message  to  Congress,  deemed  it  his  duty  to 
bring  the  subject  before  that  body,  and  in  doing 
so  recommended  indulgence  in  consideration  of 
the  unfavorable  change  which  had  occurred 
since  the  sales.  Both  Houses  of  Congress  took 
up  the  subject,  and  a  measure  of  relief  was 
devised  by  the  Secretary  of  the  Treasury,  Mr. 
Crawford,  which  was  equally  desirable  both  to 
the  purchaser  and  the  government.  The  prin- 
ciple of  the  relief  was  to  change  all  future  sales 
from  the  crclit  to  the  cash  system,  and  to  reduce 
the  minimum  price  of  the  lands  to  one  dollar, 
twenty-five  cents  per  acre,  and  to  give  all  pre- 
sent debtors  the  benefit  of  that  system,  by  al- 
lowing them  to  consolidate  payments  already 
made  on  different  tracts  on  any  particular  one, 
relinquishing  the  rest ;  and  allowing  a  discount 
for  ready  pay  on  all  that  had  been  entered, 
equal  to  the  difference  between  the  former  and 
present  minimum  price.  This  released  the  pur- 
chasers from  debt,  and  the  government  from  the 
inconvenient  relation  of  creditor  to  its  own  citi- 
zens. A  debt  of  twenty-three  millions  of  dol- 
lars was  quietly  got  rid  of,  and  purchasers  were 
euahlcd  to  save  lands,  at  the  reduced  price,  to 


the  amount  of  their  payments  already  made; 
and  thus  saved  in  all  cases  their  homes  and 
fields,  and  as  much  more  of  their  purchases  aa 
they  were  able  to  pay  for  at  the  reduced  rate. 
It  was  an  equitable  arrangement  of  a  difficult 
subject,  and  lacked  but  two  features  to  make  it 
perfect ;  ^rs/,  a  pre-emptive  right  to  all  first 
settlers ;  and,  secondly,  a  periodical  reduction  of 
price  according  to  the  length  of  time  the  land 
sl.v>i:ld  have  been  in  market,  so  as  to  allow  of 
diffe»?nt  prices  for  different  qualities,  and  to 
accomplish  in  a  reasonable  time  the  sale  of  the 
whole.  Apt;l'cations  woro  made  at  that  time 
for  the  establishment  oi  the  pre-emptive  system ; 
but  without  effect,  and,  apparently  without  the 
prospect  of  eventual  success.  Not  even  a  report 
of  a  committee  could  be  got  in  its  favor — nothing 
more  than  temporary  provisions,  as  special  fa- 
vors, in  particular  circumstances.  But  perseve- 
rance was  successful.  The  new  States  continued 
to  press  the  question,  and  finally  prevailed ;  and 
now  the  pre-emptive  principle  has  become  a 
fixed  part  of  our  land  system,  permanently  in- 
corporated with  it,  and  to  the  equal  advantage 
of  the  settler  and  the  government.  The  settler 
gets  a  choice  home  in  a  new  countrj',  due  to  his 
enterprise,  courage,  hardships  and  privations  in 
subduing  the  wilderness ;  the  government  gets  a 
body  of  '■ultivators  whose  labor  gives  value  to 
the  surrouhling  public  lands,  and  whose  courage 
and  patriotism  volunteers  for  the  public  defence 
whenever  it  is  necessary.  The  second,  or  gradu- 
ation principle,  tnough  much  pressed,  has  not 
yet  been  established,  but  its  justice  and  policy 
are  self-evident,  and  the  exertions  to  procure  it 
should  not  be  intermitted  until  successful.  The 
passage  of  this  land  relief  bill  was  attended  by 
incidents  which  showed  the  delicacy  of  members 
at  that  time,  in  voting  on  questions  in  which 
they  might  be  interested.  Many  members  of 
Congress  were  among  the  public  land  debtors, 
and  entitled  to  the  relief  to  be  granted.  One 
of  their  number.  Senator  William  Smith,  from 
South  Carolina,  brought  the  point  before  the 
Senate  on  a  motion  to  be  excused  from  voting 
on  account  of  his  interest.  The  motion  to  excuse 
was  rejected,  on  the  ground  that  hr.  interest  was 
general,  in  common  with  the  country,  and  not 
particular,  in  relation  to  himself:  and  that  his 
constituents  were  entitled  to  the  benefit  of  his 
vote. 


Thi 

the 

Con] 

our 

parti 

Pacil 


ANNO  1820.    JAMES  MONROE,  PRESIDENT. 


13 


nts  already  made; 
1  their  homes  and 
their  purchases  as 
t  the  reduced  rate, 
nent  of  a  difficult 
features  to  make  it 
right  to  all  first 
odical  reduction  of 
of  time  the  land 
so  as  to  allow  of 
qualities,  and  to 
ne  the  sale  of  the 
lade  at  that  time 
e-emptive  system ; 
ently  without  the 
Not  even  a  report 
its  favor— nothing 
3ns,  as  special  la- 
BS.    But  perseve- 
r  States  continued 
ly prevailed;  and 
le  has  become  a 
,  permanently  in- 
equal  advantage 
lent.     The  settler 
imtrj',  due  to  his 
md  privations  in 
Dvernment  gets  a 
gives  value  to 
whose  courage 
public  defence 
econd,  or  gradu- 
Tessed,  has  not 
stice  and  policy 
IS  to  procure  it 
uccessful.    The 
as  attended  by 
wy  of  members 
tions  in  which 
T  members  of 
land  debtors, 
granted.    One 
Smith,  from 
nt  before  the 
from  voting 
tion  to  excuse 
'  interest  was 
itry,  and  not 
and  that  his 
»enefit  of  his 


I 


CHAPTER   V. 


OREGON  TEEKITORY. 


»r 


The  session  of  1820-21  is  remarkable  as  being 
the  first  at  which  any  proposition  was  made  in 
Congress  for  the  occupation  and  settlement  of 
our  territory  on  the  Columbia  River — the  only 
part  then  owned  by  the  United  States  on  the 
Pacific  coast.    It  was  made  by  Dr.  Floyd,  a  re- 
presentative from  Virginia,  an  ardent  man,  of 
great  ability,  and  decision  of  character,   and, 
from  an  early  residence  in  Kentucky,  strongly 
imbued  with  western  feelings.    He  took  up  this 
subject  with  the  energy  which  belonged  to  him, 
and  it  required  not  only  energy,  but  courage,  to 
embrace  a  subject  which,  at  that  time,  seemed 
more  likely  to  bring  ridicule  than  credit  to  its 
advocate.    I   had  written  and  published  some 
essays  on  the  subject  the  year  before,  which  he 
had  rea<l.     Two  gentlemen  (Mr.  Ramsay  Crooks, 
of  New- York,  and  Mr.  Russell   Farnham,  of 
Massachusetts),  who  had  been  in  the  employ- 
ment of  Mr.  John  Jacob  Astor  in  founding  his 
colony  of  Astoria,  and  carrying  on  the  fur  trade 
on    the    northwest  coast  of  America,  were  at 
Washington  that  winter,  and  had  their  quarters 
at  the  same  hotel  (Brown's),  where  Dr.  Floyd 
and  I  had  ours.    Their  acquaintance  was  natu- 
rally made  by  Western  men  like  us — in  fact.  I 
knew  them  before  ;  and  their  conversation,  rich 
in  information  upon  a  new  and  interesting  coun- 
try, was  eagerly  devoured  by  the  ardent  spirit 
of  Floyd.    He  resolved  to  bring  forward  the 
question  of  occupation,  and  did  so.     He  moved 
for  a  select  committee  to  consider  and  report 
upon  the  subject.    The  committee  was  granted 
by  the  House,  more  through  courtesy  to  a  re- 
spected member,  than  with  any  view  to  business 
results.    It  was  a  committee  of  three,  himself 
chairman,  according  to  parliamentary  rule,  and 
Thomas  Metcalfe,  of  Kentucky  (since  Governor 
of  the  State),  and  Thomas  V.  Swearingen,  from 
Western  Virginia,  for  his  associates — both  like 
himself  ardent  men,  and  strong  in  western  tcel- 
Jng.    They  reported  a  bill  within  six  days  a>\er 
the  committee  was  raised,  "  to  authorize  the  oc- 
cupation of  the  Columbia  River,  and  to  regulate 
trade  and  intercourse  with  the  Indian  tribes 
thereon,"  accompanied  by  an  elaborate  report, 
replete  with  valuable  statistics,  in  support  of  the 


measure.    The  fur  trade,  the  Asiatic  trade,  and 
the  preservation  of  our  own  territory,  were  the 
advantages  proposed.    The  bill  was  treated  with 
the  parliamentary  courtesy  which  respect  for 
the  committee  required :  it  was  read  twice,  and 
committed  to  a  committee  of  the  whole  House 
for  the  next  day — most  of  the  members  not 
considering  it  a  serious   proceeding.    Nothing 
further  was  done  in  the  House  that  session,  but 
the  first  blow  was  struck :  public  attention  was 
awakened,  and  the  geographical,  historical,  and 
statistical  facts  set  forth  in  the  report,  made  a 
lodgment  in  the  public  mind  which  promised 
evenlteial  favorable  consideration.    I  had  not  been 
admitted  to  my  seat  in  the  Senate  at  the  time, 
but  was  soon  after,  and  quickly  came  to  the 
support  of  Dr.  Floyd's  measure  (who  continued 
to  pursue  it  with  zeal  and  ability);  and  at  a 
subsequent  session  presented  some  views  on  the 
subject  which  will  bear  reproduction  at   this 
time.     The  danger  of  a  contest  with  Great  Bri- 
tain, to  whom  we  had  admitted  a  joint  posses- 
sion, and  who  had  already  taken  possession,  was 
strongly  suggested,  if  we  delayed  longer  our  own 
occupation ;  "  and  a  vigorous  effort  of  policy,  and 
perhaps  of  arms,  might  be  necessary  to  break 
her  hold."    Unauthorized,  or  individual  occupa- 
tion was  intimated  as  a  consequence  of  govern- 
ment neglect,  and  what  has  since  taken  place 
was  foreshadowed  in  this  sentence :  "  mere  ad- 
venturers may  enter  upon  it,  as  iEneas  entered 
upon  the  Tiber,  and  as  our  forefathers   came 
upon  the  Potomac,  the  Delaware  and  the  Hud- 
son, and  renew  the  phenomenon  of  individuals 
laymg  the  foundation  of  a  future  empire."     The 
eflect  upon  Asia  of  the  arrival  of  an  American 
population  on  the  coast  of  the  Pacific  Ocean  was 
thus  exhibited :  "  Upon  the  people  of  Eastern 
Asia  the  establishment  of  a  civilized  power  on 
the  opposite  coast  of  America,  could  not  fail  to 
produce  great  and  wonderful  benefits.    Science, 
liberal  principles  in  government,  and  the  true 
religion,  might  cast  their  lights  across  the  inter- 
vening sea.    The  valley  of  the  Columbia  might 
become  the  granary  of  China  and  Japan,  and  an 
outlet  to  their  imprisoned  and  exuberant  popula- 
tion.   The  inhabitants  of  the  oldest  and   the 
newest,  the  most  despotic  and  the  freest  govern- 
ments, would  become  the  neighbors,  and  the 
friends  of  ea^h  other.  To  my  mind  the  proposition 
is  clear,  that  Eastern  Asia  and  the  two  Americas, 
as  they  become  neighbors  should  become  friends ; 


14 


THIRTY  TEARS'  VIEW. 


and  I  for  one  had  as  lief  see  American  ministers 
going  to  the  emperors  of  China  and  Japan,  to 
the  king  of  Persia,  and  even  to  the  Grand  Turk, 
fcs  to  see  them  dancing  attendance  upon  those 
European    legitimates  who   hold   every  thing 
American  in  contempt  and  detestation."    Thus 
[  spoke ;  and  this  I  believe  was  the  first  time 
that  a  suggestion  for  sending  ministers  to  the 
Oriental    nations  was    publicly  made  in    the 
United  States.    It  was  then  a  "wild"  sugges- 
tion: it  is  now  history.    Besides  the  preserva- 
tion of  our  own  territory  on  the  Pacific,  the 
•  stablishment  of  a  port  there  for  the  shelter  of 
our  commercial  and  military  marine,  the  protec- 
tion of  the  fur  trade  and  aid  to  the  whaling 
vessels,  the  accomplishment  of  Mr.  Jefferson's 
idea  of  a  commercial  communication  with  Asia 
through  the  heart  of  our  own  continent,  was 
constantly  insisted  upon  as  a  consequence  of 
planting  an  American  colony  at  the  mouth  of 
the  Columbia.    That  man  of  large  and  useful 
ideas — that  statesman  who  could  conceive  mea- 
sures useful  to  all  mankind,  and  in  all  time  to 
come — was  the  first  to  propose  that  commercial 
communication,  and  may  also  be  considered  the 
first  dii-co  verer  of  the  Columbia  River.   His  philo- 
sophic mind  told  him  that  where  a  snow-clad 
mountain,  like  that  of  the  Rocky  Mountains, 
shed  the  waters  on  one  side  which  collected  into 
such  a  river  as  the  Missouri,  there  must  be  a 
corresponding  shedding  and  collection  of  waters 
on  the  other ;  and  thus  he  was  perfectly  assured 
of  the  existence  of  a  river  where  the  Columbia 
has  since  been  found  to  be,  although  no  naviga- 
tor had  seen  its  mouth,  and  no  explorer  trod  its 
banks.    His  conviction  was  complete;  but  the 
idea  was  too  grand  and  useful  to  be  permitted 
to  rest  in  speculation.    He  was  then  minister  to 
France,  and  the  famous  traveller  Ledyard,  hav- 
ing arrived  at  Paris  on  his  expedition  of  discov- 
ery to  the  Nile,  was  prevailed  upon  by  Mr. 
Jefferson  to  enter  upon  a  fresher  and  more  use- 
ful field  of  discovery.    He  proposed  to  him  to 
change  his  theatre  from  the  Old  to  the  New 
World,  and,  proceeding  to  St.  Petersburg  upon 
a  passport  he  would  obtain  for  him,  he  should 
there  obtain  permission  from  the  Empress  Cath- 
arine to  traverse  her  dominions  in  a  high  north- 
ern latitude  to  their  eastern  extremity — cross 
the  sea  from  Kamschatka,  or  at  Behring's  Straits, 
and  descending  the  northwest  coast  of  America, 
come  down  upon  the  river  which  must  head  op- 


posite the  head  of  the  Jlissouri,  ascend  it  to  its 
source  in  the  Rocky  Mountains,  and  then  follow 
the  Missouri  to  the  French  settlements  on  the 
Upper  Mississippi ;  and  thence  home.    It  was  a 
magnificent  and  a  daring  project  of  discovery, 
and  on  that  account  the  more  captivating  to  the 
ardent  spirit  of  Ledyard.     He  undertook  it — 
went  to  St.  Petersburg — received  the  permission 
of  the  Empress— and  had  arrived   in  Siberia 
when  he  was  overtaken  by  a  revocation  of  the 
permission,  and  conducted  as  a  spy  out  of  the 
country.    He  then  returned  to  Paris,  and  re- 
sumed his  original  design  of  that  exploration  of 
the  Nile  to  its  sources  which  terminated  in  his 
premature  death,  and  deprived  the  world  of  a 
young  and  adventurous  explorer,  from  whose 
ardour,  courage,  perseverance  and  genius,  great 
and  useful  results  were  to  have  been  expected. 
Mr.  Jefferson  was  balked  in  that,  his  first  at- 
tempt, to  establish  the  existence  of  the  Columbia 
River.     But  a  time  was  coming  for  him  to  under- 
take it  imder  better  auspices.    He  became  Pre- 
sident of  the  United  States,  and  in  that  character 
projected  the  expedition  of  Lewis  and  Clark, 
obtained  the  sanction  of  Congress,  and  sent  them 
forth  to  discover  the  head  and  course  of  the 
river  (whose  mouth  was  then  known),  for  the 
double  purpose  of  opening  an  inland  commercial 
communication  with  Asia,  and  enlarging  the 
boundaries  of  geographical  science.     The  com- 
mercial object  was  placed  first  in  his  message, 
and  as  the  object  to  legitimate  the  expedition. 
And  thus  Mr.  Jefferson  was  the  first  to  propose 
the  North  American  road  to  India,  and  the  in- 
troduction of  Asiatic  trade  on  that  road ;  and  all 
that  I  myself  have  cither  said  or  written  on  that 
subject  from  the  year  1819,  when  I  first  took  it 
up,  down  to  the  present  day  when  I  still  contend 
for  it,  is  nothing  but  the  fruit  of  the  seed  plant- 
ed in  my  mind  by  the  philosophic  hand  of  Mr. 
Jefferson.    Honor  to  all  those  who  shall  assist 
in  accomplishing  his  great  idea. 


CHAPTER    VI. 

FLORIDA  TEEATT  AND  CESSION  OF  TEXAS. 

I  WAS  a  member  of  the  bar  at  St.  Louis,  in  tho 
then  territory  of  Missouri,  in  tho  year  1818, 


ANNO  1820.    JAMES  MONROE,  PRESIDENT. 


15 


•i,  ascend  it  to  its 
,  and  then  follow 
ttlements  on  the 
homo.  It  was  a 
ect  of  discovery, 
aptivating  to  the 

undertook  it — 
:d  the  permission 
•ived  in  Siberia 
evocation  of  the 

spy  out  of  the 
•  Paris,  and  re- 
t  exploration  of 
rminated  in  his 

the  world  of  a 
er,  from  whose 
id  genius,  great 

been  expected, 
at,  his  first  at- 
)f  the  Columbia 
r  him  to  under- 
[e  became  Pre- 
1  that  character 
ris  and  Clark, 
,  and  sent  them 

course  of  the 
lown),  for  the 
nd  commercial 

enlarging  the 

!e.    The  com- 

his  message, 

le  expedition. 

st  to  propose 

t,  and  the  in- 

'oadj  and  an 

itten  on  that 
first  took  it 

[still  contend 
seed  plant- 
land  of  Mr. 
shall  assist 


TEXAS. 


lis,  in  tho 
\ea.r  1818. 


when  the  Washington  City  newspapers  made 
known  the  progress  of  that  treaty  with  Spain, 
which  was  signed  on  the  22d  day  of  February 
following,  and  which,  in  acquiring  Florida,  gave 
away  Texas.  I  was  shocked  at  it — at  the  ces- 
sion of  Texas,  and  the  new  boundaries  proposed 
for  the  United  States  on  the  southwest.  The 
acquisition  of  Florida  was  a  desirable  object, 
long  sought,  and  sure  to  be  obtained  in  the  pro- 
gress of  events ;  but  the  new  boundaries,  besides 
cutting  off  Texas,  dismembered  the  valley  of  the 
Mississippi,  mutilated  two  of  its  noblest  rivers, 
brc'ight  a  foreign  dominion  (and  it  non-slave- 
bolding),  to  the  neighborhood  of  New  Orleans, 
and  established  a  wilderness  barrier  between 
Missouri  and  New  Mexico — to  interrupt  their 
trade,  separate  their  inhabitants,  and  shelter  the 
wild  Indian  depredators  upon  the  lives  and  pro- 
perty of  all  who  undertook  to  pass  from  one  to 
the  other.  I  was  not  then  in  politics,  and  had 
nothing  to  do  with  political  affairs ;  but  I  saw  at 
once  the  whole  evil  of  this  great  sacrifice,  and 
instantly  raised  my  voice  against  it  in  articles 
published  in  the  St.  Louis  newspapers,  and  in 
which  were  given,  in  advance,  all  tho  national 
reasons  against  giving  away  the  country,  which 
were  afterwards,  and  by  so  many  tongues,  and 
at  the  expense  of  war  and  a  hundred  millions, 
given  to  get  it  back.  I  denounced  the  treaty, 
and  attacked  its  authors  and  their  motives,  and 
imprecated  a  woe  on  the  heads  of  those  who 
should  continue  to  favor  it.  "  The  magnificent 
valley  of  the  Mississippi  is  ours,  with  all  its 
fountains,  springs  and  floods;  and  woe  to  the 
statesman  who  shall  undertake  to  surrender  one 
drop  of  its  water,  one  inch  of  its  soil,  to  any 
foreign  power."  In  these  terms  I  spoke,  and  in 
this  spirit  I  wrote,  before  the  treaty  was  even 
ratified.  Mr.  Jolm  Quincy  Adams,  tho  Secre- 
tary of  State,  negotiator  and  ostensible  author 
of  the  treaty,  was  the  statesman  against  whom 
my  censure  was  directed,  and  I  was  certainly 
sincere  in  my  belief  of  his  great  culpability. 
But  the  declaration  which  he  afterwards  made 
on  the  floor  of  the  House,  absolved  him  from 
censure  on  account  of  that  treaty,  and  placed 
the  blame  on  the  majority  ia  Mr.  Monroe's  cabi- 
net, southern  men,  by  whose  vote  he  had  been 
governed  in  ceding  Texas  and  fixing  the  bound- 
ary which  I  so  much  condemned.  After  this 
authoritative  declaration,  I  made,  in  my  place  in 
the  Senate,  the  honorable  amends  to  Mr.  Adams, 


Which  was  equally  due  to  him  and  to  myself. 
The  treaty  was  signed  on  the  anniversary  of 
tho  birth-day  of  Washington,  and  sent  to  tho 
Senate  the  same  day,  and  unanimously  ratified 
on  the  next  day,  with  the  general  approbation 
of  the  country,  and  tho  warm  applause  of  the 
newspaper  press.     This  unanimity  of  the  Senate, 
and  applause  of  the  press,  made  no  impression 
upon  me.    I  continued  to  assail  the  treaty  and 
its  authors,  and  tho  more  bitterly,  because  the 
official  correspondence,  when  published,  showed 
that  this  great  sacrifice  of  territory,  rivers,  and 
proper  boundaiies,  was  all  gratuitous  and  volun- 
tary on  our  part — ^^that  th    Spanish  govern- 
ment had  offered  us  more  than  we  accepted;  " 
and  that  it  was  our  policy,  and  not  hers,  which 
had  deprived  us  of  Texas  and  the  large  country, 
in  addition  to  Texas,  which  lay  between  the  Red 
River  and  Upper  Arkansas.    Tliis  was  an  enigma, 
the  solution  of  which,  in  my  mind,  strongly 
connected  itself  with  tho  Missouri  controversy 
then  raging  (1819)  with  its  greatest  violence, 
threatening  existing  political  parties  with  sub- 
version, and  the  Union  with  dissolution.    My 
mind  went  there — to  that  controversy — for  the 
solution,  but  with  a  misdirection  of  its  applica- 
tion.   I  blamed  tho  northern  men  in  Mr.  Mon- 
roe's cabinet:   the  private  papers  of   General 
Jackson,  which  have  come  to  my  hands,  enable 
me  to  correct  that  error,  and  give  me  an  inside 
view  of  that  which  I  could  only  see  on  the  out- 
side before.    In  a  private  letter  from  Mr.  Mon- 
roe to  General  Jackson,  dated  at  Washington, 
May  22d,  1820 — more  than  one  year  after  the 
negotiation  of  tho  treaty,  written  to  justify  it, 
and  evidently  called  out  by  Mr.  Clay's  attack 
upon  it — are   these    passages :    "  Having    long 
known  the  repugnance  with  wliich  the  eastern 
portion  of  our  Union,  or  rather  some  of  those 
who  have  enjoyed  its  confidence  (for  I  do  not 
think  that  the  people  themselves  have  any  inter- 
est or  wish  of  that  kind),  have  seen  its  aggran- 
dizement to  the  West  and  South,  I  have  been 
decidedly  of  opinion  that  we  ought  to  be  content 
with  Florida  for  the  present,  and  until  tho  pub- 
lic opinion  in  that  quarter  shall  be  reconciled  to 
any  further  change.    I  mention  these  circum- 
stances to  show  you  that  our  difficulties  are  not 
with  Spain  alone,  but  are  likewise  internal,  pro- 
ceeding from  various  causes,  which  certain  men 
are  prompt  to  seize  and  turn  to  the  account  of 
their  own  ambitious  views."    This  paragraph 


16 


THIRTY  YEARS'  VIEW. 


% 

t' 


from  Mr.  Monroe's  letter  lifts  the  curtain  which 
concealed  the  secret  reason  for  ceding  Texas — 
that  secret  which  explains  what  was  incompre- 
hensible— our  having  refused  to  accept  as  much 
as  Spain  had  offered.    Internal  difficulties,  it 
was  thus  shown,  had  induced  that  refusal;  and 
these  difficulties  grew  ont  of  ^he  repugnance  of 
leading  men  in  the  northeast  m  see  the  further 
aggrandizement  of  the  Union  upon  the  South 
and  West.    Tlus  repugnance  was  then  taking 
an  operative  form  in  the  shape  of  the  Missouri 
controversy ;  and,  as  an  inmiediate  consequence, 
threatened  the  subversion  of  political  party  lines, 
and  tlie  introduction  of  the  slavery  question  into 
the  federal  elections  and  legislation,  and  bring- 
ing into  the  highest  of  those  elections— those  of 
President  and  Vice-President— a  test  which  no 
southern  candidate  could  stand.    The  repug- 
nance in  the  northeast  was  not  merely  to  terri- 
torial aggrandizement  in  the  southwest,  but  to 
the  consequent  extension  of  slavery  in  that  quar- 
ter; and  to  allay  that  repugnance,  and  to  pre- 
vent the  slavery  extension  question  from  becom- 
ing a  test  in  the  presidential  election,  was  the 
true  reason  for  giving  away  Texas,  and  the  true 
solution  of  the  enigma  involved  in  the  strange 
refusal  to  accept  as  much  as  Spain  offered.    The 
treaty  was  disapproved  by  Mr.  Jefferson,  to 
whom  a  similar  letter  was  written  to  that  sent 
to  General  Jackson,  and  for  the  same  purpose — 
to  obtain  his  approbation;  but  he  who  had  ac- 
quired Louisiana,  and  justly  gloried  in  the  act, 
could  not  bear  to  see  that  noble  province  muti- 
lated, and  returned  his  dissent  to  the  act,  and 
his  condemnation  of  the  policy  on  which  it  was 
done.      General  Jackson  had   yielded  to  the 
arguments  of  Mr.  Monroe,  and  consented  to  the 
cession  of  Toxas  as  a  temporary  measure.    The 
words  of  his  answer  to  Mr.  Monroe's  letter 
were :  "  I  am  clearly  of  your  opinion,  that,  for 
the  present,  we  ought  to  be  contented  with  the 
Floridas."    But  Mr.  Jefferson  would  yield  to  no 
temporary  views  of  policy,  and  remained  inflexi- 
bly opposed  to  the  treaty ;  and  in  this  he  was 
consistent  with  his  own  conduct  in  similar  cir- 
cumstances.   Sixteen  years  before,  he  had  been 
in  the  same  circumstances — at  the  time  of  the 
acquisition  of  Louisiana — when  he  had  the  same 
repugnance  to  southwestern  aggrandizement  to 
contend  with,  and  the  same  bait  (J'lorida)  to 
tempt  him.    Then  eastern  men  raised  the  same 
objections  j  and  as  early  as  August  1803— only 


four  months  after  the  purchase  of  Louisiana- 
he  wrote  to  Dr.  Breckcnridgc :  "  Objections  are 
raising  to  the  eastward  to  the  vast  extent  of  our 
boundaries,  and  propositions  are  made  to  ex- 
change Louisiana,  or  a  part  of  it,  for  the  Flori- 
das ;  but  as  I  have  said,  we  shall  got  the  Flori' 
das  without ;  and  I  would  not  give  one  inch  of 
the  waters  of  the  Mississippi  to  any  foreign 
nation."  So  that  Mr.  Jefferson,  neither  in  1803 
nor  in  1819,  would  have  mutilated  Louisiana  to 
obtain  the  cession  of  Florida,  which  he  knew 
would  be  obtained  without  that  mutilation  ;  nor 
would  he  have  yielded  to  the  threatening  discon- 
tent in  the  east.  I  have  a  gratification  that, 
without  knowing  it,  and  at  a  thousand  miles 
from  him,  I  took  the  same  ground  that  Mr.  Jef- 
ferson stood  on,  and  even  used  his  own  words : 
"  Not  an  inch  of  the  waters  of  the  Mississippi  to 
any  nation."  But  I  was  mortified  at  the  time, 
that  not  a  paper  in  the  United  States  backed  my 
essays.  It  was  my  first  experience  in  standing 
"  solitary  and  alone ; "  but  I  stood  it  without 
flinching,  and  even  incurred  the  imputation  of 
being  opposed  to  the  administration — had  to 
encounter  that  objection  in  my  first  election  to 
the  Senate,  and  was  even  viewed  as  an  opponent 
by  Mr.  Monroe  himself,  when  I  first  came  to 
AVashington.  lie  had  reason  to  know  before 
his  office  expired,  and  still  more  after  it  expired, 
that  no  one  (of  the  young  generation)  had  a 
more  exalted  opinion  of  his  honesty,  patriotism, 
firmness  and  general  soundness  of  judgment ;  or 
would  be  more  ready,  whenever  the  occasion 
permitted,  to  do  justice  to  his  long  and  illus- 
trious career  of  public  service.  The  treaty,  as  I 
have  said,  was  promptly  and  unanimously  rati- 
fied by  the  American  Senate ;  not  so  on  the 
part  of  Spain.  She  hesitated,  delayed,  procras- 
tinated; and  finally  suffered  the  time  limited 
for  the  exchange  of  ratifications  to  expire,  with- 
out having  gone  through  that  indispensable 
foi-mality.  Of  course  this  put  an  end  to  the 
treaty,  unless  it  could  be  revived ;  and,  there- 
upon, new  negotiations  and  vehement  expostula- 
tions against  the  conduct  which  refused  to  ratify 
a  treaty  negotiated  upon  full  powers  and  in  con- 
formity to  instructions.  It  was  in  the  course 
of  this  renewed  negotiation,  and  of  these  warm 
expostulations,  that  Mr.  Adams  used  the  strong 
expressions  to  the  Spanish  ministry,  so  enigma- 
tical at  the  time,  "  That  Spain  had  offered  more 
than  wo  accepted,  and  that  she  dare  not  deny 


ANNO  1820.    JAMES  MONROE,  TRESIDENT, 


17 


lase  of  Louisiana — 
e :  "  Objections  are 
5  vast  extent  of  our 
)  are  made  to  ez- 
'f  it,  for  the  Flori- 
hall  got  the  Flori- 
)t  give  one  inch  of 
>pi  to  any  foreign 
on,  neither  in  1803 
ilated  Louisiana  to 
I,  which  he  knew 
at  mutilation ;  nor 
threatening  discon- 
gratification  that, 
a  thousand  miles 
)iind  that  Mr.  Jef- 
1  his  own  words : 
the  Mississippi  to 
tified  at  the  time, 
States  backed  my 
rience  in  standing 
stood  it  without 
the  imputatior*  of 
listration — had  to 
r  first  election  to 
ed  as  an  opponent 
I  first  came  to 
to  know  before 
after  it  expired, 
neration)  had  a 
icsty,  patriotism, 
if  judgment;  or 
er  the  occasion 
long  and  illus- 
The  treaty,  as  I 
lanimously  rati- 
not  so  on  the 
Jayed,  procras- 
e  time  limited 
0  expire,  with- 
indispensable 
|an  end  to  the 
d ;  and,  there- 
lent  expostula- 
ifused  to  ratify 
Ts  and  in  con- 
in  the  course 
f  these  warm 
led  the  strong 
■y,  so  enigma- 
offered  more 
re  not  deny 


it."    Finally,  after  the  lapse  of  a  j'ear  or  so,  the 
treaty  was  ratified  by  Spain.    In  the  mean  time 
Mr.  Clay  had  made  a  movement  against  it  in  the 
House  of  Representatives,  unsuccessful,  of  course, 
but  exciting  some  sensation,  both  for  the  reasons 
he  gave  and  the  vote  of  some  tliirty-odd  mem- 
bers who  concurred  with  him.     This  movement 
very  certainly  induced  the  letters  of  Mr.  Monroe 
to  General  Jackson  and  Mr.  Jefferson,  as  they 
were  contemporaneous   (May,  1820),  and  also 
some  expressions  in  the  letter  to  General  Jack- 
son, which  evidently  referred    to  Mr.  Clay's 
movement.     The  ratification  of  Spain  was  given 
October,  1820,  and  being  after  the  time  limited, 
it  became  necessary  to  submit  it  again  to  the 
American  Senate,  which  was  done  at  the  session 
of  1820-21.     It  was  ratified  again,  and  almost 
unanimously,  but  not  quite,  four  votes  being 
given  against  it,  and   all  by  western  senators, 
namely :  Colonel  Richard  M.  Johnson,  of  Ken- 
tucky ;  Colonel  John  Will-ams,  of  Tennessee ; 
Mr.  James   Brown,  of  Louisiana,  and  Colonel 
Trimble,  of  Ohio.    I  was  then  in  Washington, 
and  a  senator  elect,  though  not  yet  entitled  to  a 
seat,  in  consequence  of  the  delayed  admission  of 
the  new  State  of  Missouri  into  the  L^nioii,  and  so 
had  no  opportunity  to  record  my  vote  against 
the  treaty.     But  the  progress  of  events  soon 
gave  me  an  opportunity  to  manifest  my  opposi- 
tion, and  to  appear  in  the  parliamentary  history 
as  an  enemy  to  it.    The  case  %vas  this :  "While 
the  treaty  was  still  encountering  Spanish  pro- 
crastination in  the  delay  of  exchanging  ratifica- 
tions, Mexico  (to  which  the  amputated  part  of 
Louisiana  and  the  whole  of  Texas  was  to  be  at- 
tached), itself  ceased  to  belong  to  Spain.     She 
established  her  independence,  repulsed  all  Spa- 
nish authority,  and  remained  at  war. with  the 
mother  country.    The  law  for  giving  effect  to 
the  treaty  by  providing  for  commissioners  to 
nm  and  mark  the  new  boundary,  had  not  been 
passed  at  the  time  of  the  ratification  of  the 
treaty ;  it  came  up  after  I  took  my  seat,  and 
was  opposed  by  me.    I  opposed  it,  not  only 
upon  the  grounds  of  original  objections  to  the 
treaty,  but  on  the  further  and  obvious  ground, 
that  the  revolution  in  Mexico — her  actual  inde- 
pendence— had  superseded  the  Spanish  trtaty  in 
the  whole  article  of  the  boundaries,  and  that  it 
was  with  Mexico  herself  that  we  should  now 
settle  them.    The  act  was  passed,  however,  by  a 
sweeping  majority,  the  administration  being  for 


it,  and  senators  holding  themselves  committed 
by  previous  votes ;  but  the  progress  of  events 
soon  justified  my  opposition  to  it.    The  country 
being  in  possession  of  Mexico,  and  she  at  war 
with  Spain,  no  Spanish  commissioners  could  go 
there  to  join  ours  in  executing  it ;  and  so  the 
act  remained  a  dead  letter  u])on  the  statute- 
book.    Its  futility  was  afterwards  acknowledged 
by  our  government,  and  the  misstep  corrected 
by  establishing  the  boundary  with  Mexico  her- 
self.   This  was  done  by  treaty  in  the  year  1828, 
adopting  the  boundaries  previously  agreed  upon 
with  Spain,  and  consequently  amputating  our 
rivers  (the  Red  and  the  Arkansas),  and  dis- 
membering the  valley  of  the  Mississippi,  to  the 
same  extent  as  was  done  by  the  Spanish  treaty 
of  1819.    I  opposed  the  ratification  of  the  treaty 
with  Mexico  for  the  same  reason  that  I  opposed 
its  oiiginal   with  Spain,  but  without  success. 
Only  two  senators  voted    with    me,  namely. 
Judge  William  Smith,  of  South  Carolina,  and 
Mr.  Powhatan  Ellis,  of  Mississippi.     Thus  I  saw 
this  treaty,  which  repulsed  Texas,  and  dismem- 
bered   the    valley    of   the    Mississippi — which 
placed  a  foreign  dominion  on  the  upper  halves 
of  the  Red  River  and  the  Arkansas — placed  a 
foreign  power  and  a  wilderness  between  Mis- 
souri and  New  Mexico,  and  which  brought  a 
nou-slaveholding  empire  to  the  boundary  line 
of  the  State  of  Louisiana,  and  almost  to  the 
southwest  corner  of  Missouri — saw  this  treaty 
three  times  ratified  by  the  American  Senate,  as 
good  as  unanimously  every  time,  and  with  the 
hearty  concurrence  of  the  American  press.    Yet 
I  remained  in  the  Senate  to  see,  within  a  few 
years,  a  politiciil  tempest  sweeping  the  land  and 
overturning  all  that  stood  before  it,  to  get  back 
this  very  country  which  this  treaty  had  given 
away  ;  and  menacing  the  Union  itself  with  dis- 
solution, if  it  was  not  immediately  done,  and 
without  regard  to  conseqr.ences.    But  of  this 
hereafter.    The  point  to  be  now  noted  of  this 
treaty  of  1819,  is,  that  it  completed,  very  nearly, 
the  extinction  of  slave  territory  within  the  limits 
of  the  United  States,  and  that  it  was  the  work 
of  southern  men,  with  the  sanction  of  the  South. 
It  extinguished  or  cut  off"  the  slave  territory 
beyond  the   Jlississippi,  below  36  degrees,  30 
minutes,  all  except  the  diagram  in  Arkansas, 
which  was  soon  to  become  a  State.     The  Mis- 
souri compromise  line  had  interdicted  slavery  in 
all  the  vast  expanse  of  Louisiana  north  of  36 


18 


THIRTY  YEARS'  VIEW. 


dcftrces,  30  minutes ;  this  treaty  gave  away,  first 
to  Spain,  and  then  to  Mexico,  nearly  all  the 
slave  territory  south  of  that  lino ;  and  what  lit- 
tle was  left  by  the  Spanish  treaty  was  assigncfl 
in  perpetuity  by  laws  and  by  treaties  to  different 
Indian  tribes.  These  treaties  (Indian  and  Span- 
ish), together  with  the  Jlissouri  compromise 
]ine_a  measure  contemporaneous  with  the 
treaty — extinguished  slave  soil  in  all  the  United 
States  territory  west  of  the  Mississippi,  except 
in  the  diagram  which  was  to  constitute  the 
State  of  Arkansas ;  and,  includmg  the  extinction 
in  Texas  consequent  upon  its  cession  to  a  non- 
slaveholding  power,  constitutcJ  the  largest  ter- 
ritorial abolition  of  slavery  that  was  ever  effect- 
ed by  the  political  power  of  any  nation.  The 
ordinance  of  1787  had  previously  extinguished 
slavery  in  all  the  northwest  territory— all  the 
country  east  of  the  Mississippi,  above  the  Ohio, 
and  out  to  the  great  lakes;  so  that,  at  this 
moment— era  of  the  second  election  of  Mr.  Mon- 
roe— slave  soil,  except  in  Arkansas  and  Florida, 
was  extinct  in  the  territory  of  the  United  States. 
The  growth  of  slave  States  (except  of  Arkansas 
and  Florida)  was  stopped;  the  increase  of  free 
States  was  permitted  in  all  the  vast  expanse 
from  Lake  Michigan  and  the  Mississippi  River  to 
the  Rocky  Mountains,  and  to  Oregon ;  and  there 
was  not  a  ripple  of  discontent  visible  on  the  sur- 
face of  the  public  mind  at  this  mighty  transfor- 
mation of  slave  into  free  territory.  No  talk  then 
about  dissolving  the  Union,  if  every  citizen  Tras 
not  allowed  to  go  with  all  his  "  property,"  that 
is,  all  his  slaves,  to  all  the  territory  acquired  by 
the  "common  blood  and  treasure"  of  all  the 
Union.  But  this  belongs  to  the  chapter  of  1844, 
whereof  I  have  the  material  to  write  the  true  and 
secret  history,  and  hope  to  use  it  with  fairness, 
with  justice,  and  with  moderation.  The  outside 
view  of  the  slave  question  in  the  United  States 
at  this  time,  which  any  chronicler  can  write,  is, 
that  the  extension  of  slavery  was  then  arrested, 
circumscribed,  and  confined  within  narrow  terri- 
torial limits,  while  free  States  were  permitted  an 
almost  unlimited  expansion.  That  is  the  out- 
Bide  view;  the  inside  is,  that  all  this  was  the 
work  of  southern  men,  candidates  for  the  presi- 
dency, some  in  abeyance,  some  in  prcesenti,  and 
all  yielding  to  that  repugnance  to  territorial  ag- 
grandizement, and  slavery  extension  in  the  south- 
west, which  Mr.  Sfonroe  mentioned  in  his  letter 
to  General  Jackson  as  the  "  internal  diflBculty" 


which  occasioned  the  cession  of  Texas  to  Spain. 
This  chapter  is  a  iwint  in  the  history  of  the  times 
which  will  require  to  bo  understood  by  all  who 
wish  to  understand  and  appreciate  the  events 
and  actors  of  twenty  years  later. 


CHAPTER    VII. 

DEATH  OF  MR.  LOWNDES. 

I  HAD  but  a  slight  acquaintance  with  Mr. 
Lowndes.  He  resigned  his  place  on  account  of 
declining  health  soon  after  I  came  into  Congress; 
but  all  that  I  saw  of  him  confirmed  the  impres- 
sion of  the  exalted  character  which  the  public 
voice  had  ascribed  to  him.  Virtue,  modesty, 
benevolence,  patriotism  were  the  qualities  of  his 
heart ;  a  sound  judgment,  a  mild  persuasive  elo- 
cution were  the  attributes  of  his  mind ;  his  man- 
ners gentle,  natural,  cordial,  and  inexpressibly 
engaging.  He  was  cue  of  the  galaxy,  as  it  was 
well  called,  of  the  brilliant  young  men  which 
South  Carolina  sent  to  the  House  of  Represent- 
atives at  the  beginning  of  the  war  of  1812 — Cal- 
houn, Chcves,  Lowndes  ; — and  was  soon  the 
brightest  star  in  that  constellation.  He  was  one 
of  those  members,  rare  in  all  assemblies,  who, 
when  he  spoke,  had  a  cluster  around  him,  not 
of  friends,  but  of  the  House — members  quitting 
their  distant  scats,  and  gathering  up  close  about 
him,  and  showing  by  their  attention,  that  each 
one  would  feel  it  a  personal  loss  to  have  missed 
a  word  that  he  said.  It  was  the  attention  of 
affectionate  confidence.  Ho  imparted  to  others 
the  harmony  of  his  own  feelings,  and  was  the 
moderator  as  well  as  the  leader  of  the  House, 
and  was  followed  by  its  sentiment  in  all  cases 
in  which  inexorable  party  feeling,  or  some  pow- 
erful interest,  did  not  rule  the  action  of  the  mem- 
bers ;  and  even  then  he  was  courteously  and 
deferentially  treated.  It  was  so  the  only  time 
I  ever  heard  him  speak— session  of  1820-21 — 
and  on  the  inflammable  subject  of  the  admission 
of  the  State  of  Missouri — a  question  on  which  the 
inflamed  passions  left  no  room  for  the  influence 
of  reason  and  judgment,  and  in  which  the  mem- 
bers voted  by  a  geographical  line.  Mr.  Lowndea 
was  of  the  democratic  school,  and  strongly  indi- 


ANNO  1822.    JAMES  MONROE,  PRESIDENT. 


19 


ion  of  Texas  to  Spain, 
tio  history  of  the  times 
inderstood  by  all  who 
appreciate  the  events 
later. 


J    VII. 

■OWNDES. 

laintanco    with  Mr. 
place  on  account  of 
came  into  Congress; 
n  finned  the  impres- 
5r  which  the  public 
Virtue,  modesty, 
the  gualities  of  his 
iiild  persuasive  clo- 
liis  mind ;  his  man- 
and  inexpressibly 
e  galaxy,  as  it  was 
young  men  which 
ouse  of  Ropresent- 
warofl812— Cal- 
id  was  soon  the 
tion.    He  was  one 
assemblies,  who, 
around  him,  not 
nembcrs  quitting 
ig  up  close  about 
ention,  that  each 
s  to  have  missed 
the  attention  of 
parted  to  others 
?s,  and  was  the 
r  of  the  House, 
ent  in  all  cases 
?,  or  some  pow- 
ion  of  the  mem- 
ourteously  and 
the  only  time 
of  1820-21— 
r  the  admission 
n  on  which  the 
•  the  influence 
lich  the  mem- 
Mr.  Lowndes 
strongly  indi- 


cated for  an  early  elevation  to  the  presidency — 
indicated  by  the  public  will  and  judgment,  and 
not  by  any  machinery  of  individual  or  parly 
management — from  the  approach  of  which  ho 
shrunk,  as  from  the  touch  of  contamination. 
He  was  nominated  by  the  legislature  of  liis  na- 
tive State  for  the  election  of  1824 ;  but  died  be- 
fore the  event  came  round.  It  was  he  who  ex- 
pressed that  sentiment,  so  just  and  beautiful  in 
itself,  and  so  becoming  in  him  because  in  him  it 
was  true,  "That  the  presidency  was  an  office 
neither  to  be  sought,  nor  declined."  He  died  at 
the  ago  of  forty-two ;  and  his  death  at  that  early 
age,  and  in  the  impending  circumstances  of  the 
country,  was  felt  by  those  who  knew  him  as  a 
public  and  national  calamity.  I  do  not  write 
biographies,  but  note  the  death  and  character  of 
some  eminent  deceased  contemporaries,  whose 
fame  belongs  to  the  country,  and  goes  to  make 
up  its  own  title  to  the  respect  of  the  world. 


CHAPTER    VIII. 

DEATH  OP  WILLIAM  PINKNEY. 

He  died  at  Washington  during  the  session  of 
the  Congress  of  which  he  was  a  member,  and  of 
the  Supreme  Court  of  which  he  was  a  practi- 
tioner. He  fell  like  the  warrior,  in  the  plenitude 
of  his  strength,  and  on  the  field  of  his  fame — 
under  the  double  labors  of  the  Supreme  Court 
and  of  the  Senate,  and  under  the  immense  con- 
centration of  thought  which  he  gave  to  the 
preparation  of  his  speeches.  He  was  considered 
in  his  day  the  first  of  American  orators,  but 
will  hardly  keep  that  place  with  posterity,  be- 
cause he  spoTie  more  to  the  hearer  than  to  the 
reader — to  the  present  than  to  the  absent — and 
avoided  the  careful  publication  of  his  own 
speeches.  He  labored  them  hard,  but  it  was 
for  the  effect  of  their  delivery,  and  the  triumph 
of  present  victory.  He  loved  the  admiration  of 
the  crowded  gallery — the  trumpet-tongued  fame 
which  went  forth  from  the  forum — the  victory 
which  crowned  the  effort ;  but  avoided  the  pub- 
lication of  what  was  received  with  so  much 
applause,  giving  as  a  reason  that  the  published 
speech  would  not  sustain  the  renown  of  the 
delivered  one.    liis  forte  as  a  speaker  lay  in  bis 


judgment,   his  logic,   his  power  of  argument; 
but,  like  many  other  men  of  acknowledged  pre- 
eminence in  some  great  gift  of  nature,  and  who 
are  still  ambitious  of   some  inferior  gift,    ho 
courted  his  imagination  too  much,  and  laid  too 
much  stress  upon  action  and  delivery — so  potent 
upon  the  small  circle  of  actual  hearers,  but  so 
lost  upon  the  national  audience  which  the  press 
now  gives  to  a  great  speaker.    In  other  respects 
Mr.  Pinkney  was  truly  a  great  orator,  rich  in 
his  material,   strong  in    his    argument — clear, 
natural  and  regular  in  the  exposition  of   his 
subject,  comprehensive  in  his  views,  and  chaste 
in  his  diction.     His  speeches,  both  senatorial 
and  forensic,  were  fully  studied  and  laboriously 
prepared — all  the  argumentative  parts  carefully 
digested  under  appropriate  heads,  and  the  showy 
passages  often  fully  written  out  and  committed 
to  memory.    He  would  not  speak  at  all  except 
upon  preparation;   and  at  sexagenarian  age — 
that  at  which  I  knew  him — was  a  model  of 
study  and  of  labor  to  all  young  men.     His  last 
speech  in  the  Senate  was  in  reply  to  Mr.  Rufus 
King,  on  the  Missouri  question,   and  was  the 
master  effort  of  his  life.    The  subject,  the  place, 
the  audience,  the  antagonist,  wei-e  all  such  as  to 
excite  him  to  the  utmost  exertion.    The  subject 
was  a  national  controversy  convulsing  the  Union 
and  menacing  it  with  dissolution  ;  the  place  was 
the  American  Senate  ;  the  audience  was  Europe 
and  America;    the  antagonist  was   Princeps 
Senatus,  illustrious  for  thirty  years  of  diplo- 
matic and  senatorial  service,  and  for  great  dig- 
nity of  life  and  character.    He  had  ample  time 
for  preparation,  and  availed  himself  of  it.    Mr. 
King  had  spoken  the  session  before,  and  pub- 
lished the  "  Substance "   of  his  speeches  (for 
there  were  two  of  them),  after  the  adjournment 
of  Congress.    They  were  the  signal  guns  for  the 
]\Iissouri  controversy.    It  was  to  these  published 
speeches  that  Mr.  P  nkney  replied,    and  with 
the  interval  between  two  sessions  to  prepare. 
It  was  a  dazzling  and  overpowering  reply,  with 
the  prestige  of  having  the  union  and  the  harmony 
of  the  States  for  its  object,  and  crowded  with 
rich  material.    The  most  brilliant  part  of  it  was 
a  highly-wrought    and    splendid   amplification 
(with  illustrations  from  Greek  and  Roman  liis- 
tory),  of  that  passage  in  Mr.  Burke's  speech 
upon  "  Conciliation  with  the  Colonies,"  in  which, 
and  in  looking  to  the  elements  of  American  re- 
sistance to  British  power,  be  looks  to  the  spirit 


20 


THIRTY  YEARS'  VIEW, 


of  the  slavoholding  colonies  as  a  main  ingredi- 
ent, and  attributes  to  the  masters  of  slaves,  who 
arc  not  themselves  slaves,  the  highest  love  of 
libcrtj'  and  the  most  difficult  task  of  subjection. 
It  was  the  most  gorgeous  speech  ever  delivered 
in  the  Senate,  and  the  most  applauded  ;  but  it 
was  only  a  magnificent  exhibition,  as  Mr.  Pink- 
ney  knew,  and  could  not  sustain  in  the  reading 
the  plaudits  it  received  in  delivery ;  and  there- 
fore ho  avoided  its  publication.    lie  gave  but 
littlo  attention  to  the  current  business  of  the 
Senate,  only  appearing  in  his  place  when  the 
"Salaminian  galley  was  to  bo  launched,"    or 
some  special  occasion  called  him— giving  his 
time  and  labor  to  the  bar,  where  his  pride  and 
glory  was.     lie  had  previously  served  in  the 
House  of  Representatives,  and  his  first  speech 
there  was  attended  by  an  incident  illustrative  of 
Mr.  Randolph's  talent  for  delicate  intimation, 
and  his  punctilious  sense  of  parliamentary  eti- 
quette.   Mr.  Pinkney  came  into  the  House  with 
a  national  reputation,  in  the  fulness  of  his  fame, 
and  exciting  a  great  expectation — which  he  was 
obliged  to  fulfil.       He  spoke  on   the  treaty- 
making  power — a  question  of  diplomatic  and 
constitutional  law;  and  he  having  been  minister 
to  half  the  courts  of  Europe,  attorney  general 
of  the  United  States,  and  a  jurist  by  profession, 
could  only  speak  upon  it  in  one  way — as  a  great 
master  of  the  subject;  and,  consequently,  ap- 
peared as  if  instructing  the  House.    Mr.  Ran- 
dolph— a  veteran  of  twenty  years'  parliamentary 
service — thought  a  new  member  should  serve 
a  little  apprenticeship  before  he  became  an  in- 
structor, and  wished  to  signify  that   to  Mr. 
Pinkney.     He  had  a  gift,  such  as  man  never 
had,  at  a  delicate  intimation  where  he  desired 
to  give  a  hint,  without  oflfence;  and  he  displayed 
it  on  this  occasion.    He  replied  to  Mr.  Pinkney, 
referring  to  him  by  the  parliamentary  designa- 
tion of  "  the  member  from   Maryland  ; "  and 
then  pausing,  as  if  not  certain,  added,  "  I  believe 
he  is  from  Maryland."    This  implied  doubt  as 
to  where  he  came  from,  and  consequently  as  to 
who  he  was,  amused  Mr.  Pinkney,  who  under- 
stood it  perfectly,  and  taking  it  right,  went  over 
to  Mr.  Randolph's  seat,  introduced  himself,  and 
assured  him  that  he  was   "from  Maryland." 
They  became  close  friends  for  ever  after ;  and  it 
was  Mr.  Randolph  who  first  made  known  his 
death  in  the  House  of  Representatives,  intcrrupt- 
Dg  for  that  purpose  an  angry  debate,  then 


raging,  with  a  beautiful  and  apt  quotation  from 
the  quarrel  of  Adam  and  Eve  at  their  expulsion 
fi%m  paradise.  The  published  debates  give  this 
account  of  it :  "  Mr.  Randolph  rose  to  announce 
to  the  House  an  event  which  ho  hoped  would 
put  an  end,  at  least  for  this  day,  to  all  further 
jar  or  collision,  hero  or  elsewhere,  among  tho 
members  of  this  body.  Yes,  for  this  one  day, 
at  least,  let  us  say,  as  our  first  mother  said  to 
our  first  father — 

*  While  yet  we  live,  scarce  one  ^hort  hour  perbKpa, 
Between  ub  two  lot  thero  be  peace.' 

"  I  rise  to  announce  to  the  House  the  not  un- 
locked for  death  of  a  man  who  filled  the  first 
place  in  the  public  estimation,  in  the  first  profes- 
sion in  that  estimation,  in  this  or  in  any  other 
country.  We  have  been  talking  of  General 
Jackson,  and  a  greater  than  him  is,  not  hero, 
but  gone  for  ever.  I  allude,  sir,  to  the  boast 
of  Maryland,  and  the  pride  of  the  United  States 
— the  pride  of  all  of  us,  but  more  particularly 
the  pride  and  ornament  of  the  profession  of 
which  you,  Mr.  Speaker  (Mr.  Philip  P.  Bar- 
bour), are  a  member,  and  an  eminent  one." 

Mr.  Pinkney  was  kind  and  afiablo  in  his 
temper,  free  from  every  taint  of  envy  or  jealousy, 
conscious  of  his  powers,  and  rv  lying  upon  them 
alone  for  success.  He  was  a  model,  as  I  have 
already  said,  and  it  will  bear  rejietition,  to  all 
young  men  in  his  habits  of  study  and  applicar 
tion,  and  at  more  than  sixty  years  of  age  was 
still  a  severe  student.  In  politics  he  classed 
democratically,  and  was  one  of  tho  few  of  our 
eminent  public  men  who  never  seemed  to  think 
of  the  presidency.  Oratory  was  his  glory,  the 
law  his  profession,  the  bar  his  theatre  ;  and  his 
service  in  Congress  was  only  a  brief  episode, 
dazzling  each  House,  for  he  was  a  momentary 
member  of  each,  with  a  single  and  splendid 
speech. 


CHAPTER   IX. 

ABOLITION  OF  THE  INDIAN  FACTOKT  SYSTEM. 

The  experience  of  the  Indian  factory  system, 
is  an  illustration  of  the  unfitness  of  the  federal 
government  to  carry  on  any  system  of  trade, 
the  liability  of  the  benevolent  designs  of  the  gov- 


'■-     .1 


:i 


ANNO  1822.    JAMES  MONROE,  PRESIDENT. 


21 


apt  quotaiion  from 
0  at  their  expulsion 
ed  debates  give  this 
5h  rose  to  announce 
:h  ho  hoped  would 
day,  to  all  further 
iwhere,  among  tlio 
,  for  this  one  day, 
irst  mother  said  to 


hort  hour  perbapa, 
poaco,' 

House  the  not  un- 
t'ho  filled  the  first 
in  the  first  profes- 
lia  or  in  any  other 
liking  of  General 
him  is,  not  hero, 
sir,   to  the  boast 
the  United  States 
more  particularly 
the  profession  of 
.  Philip  P.  Bar- 
minent  one." 
od  affable  in  his 
enyy  or  jealousy, 
lying  upon  them 
nodel,  as  I  have 
re])etition,  to  all 
idy  and  applicsr 
f'oars  of  age  was 
itics  he  classed 
the  few  of  our 
seemed  to  think 
his  glory,  the 
heatre;  and  his 
brief  episode, 
a  momentary 
and  splendid 


rOET  SYSTEM. 

ictory  system, 
of  the  federal 
tem  of  trade, 
;ns  of  the  gov* 


I 


•I 


ernmcnt  to  be  abused,  and  the  difficulty  of  de- 
tecting and  redressing  abuses  in  the  management 
ot  our  Indian  affairs.     This  system  originated  in 
the  year  1796,  under  the  recommendation  of 
President   Washington,   and  was  intended  to 
countcnict  the  intiuenco  of  the  British  traders, 
then  allowed  to  trade  with  the  Indians  of  the 
United  States  within  our  limits ;  olso  to  protect 
the  Indians  from  imi)Ositlons  from  our  own  trad- 
ers and  for  that  purjiose  to  sell  them  goods  at 
cost  and  carriage,  and  receive  their  furs  and  pel- 
tries at  fair  and  liberal  prices  ;  and  which  being 
sold  on  occount  of  the  United  States,  would  de- 
fray the  expenses  of  the  establishment,  and  pre- 
serve the  capital  undiminished — to  be  returned 
to  the'trcasury  at  the  end  of  the  experiment.  The 
goods  were  purchased  at  the  expense  of  the  Unit- 
ed States — the  superintendent  and  factors  were 
paid  out  of  the  treasury,  and  the  whole  system 
was  to  be  one  of  favor  and  benevolence  to  the 
Indians,  guarded  by  the  usual  amount  of  bonds 
and  oaths  prescribed  by  custom  in  such  cases. 
Being  an  experiment,  it  was  first  established  by 
a  temporary  act,  limited  to  two  years — the  usual 
way  in  which  equivocal  measures  get  a  foothold 
in  legislation.      It  was  soon  suspected  that  this 
system  did  not  work  as  disinterestedly  as  had 
been  expected — that  it  was  of  no  benefit  to  the 
Indians — no  counteraction  to  British  traders— 
an  injury  to  our  own  fur  trade — and  a  loss  to 
the  United  States;   and  many  attempts  were 
made  to  get  rid  of  it,  but  in  vain.      It  was  kept 
up  by  continued  temporary  renewals  for  a  quar- 
ter of  a  century — from  179G  to  1822 — the  name 
of  Washington  being  always  invoked  to  continue 
abuses  which  he  would  have  been  the  first  to  re- 
press and  punish.    As  a  citizen  of  a  frontier 
State,  I  had  seen  the  working  of  the  system — 
seen  its  inside  working,  and  knew  its  operation 
to  be  entirely  contrary  to  the  benevolent  de- 
signs of  its   projectors.      I   communicated  all 
tb'S,  soon  after  my  admission  to  a  seat  in  the 
Senate,   to    Mr.    Calhoun,  the    Secretary    at 
War,  to  whose  department  the  supervision  of 
this  branch  of  service  belonged,  and  proposed  to 
him  the  abolition  of  the  system ;  but  he  had  too 
good  an  opinion  of  the  superintendent  (then 
Mr.  Thomas  L.  McKinney),  to  believe  that  any 
thing  was  wrong  in  the  business,  and  refused 
his  countenance  to  my  proposition.     Confident 
that  I  was  right,  I  determined  to  bring  the  qucs- 


to  abolish  the  factories,  and  throw  oiwu  the  fur 
trade  to  individual  enterprise,  and  supported 
the  bill  with  all  the  facts  and  rea.suns  of  which 
I  was  master.     The  bill  was  carried  through 
both  Houses,  and  became  a  law ;  but  not  with- 
out the  strenuous  opposition  which  the  attack  of 
every  abuse  for  ever  encounters — not  that  any 
member  favored  the  abuse,  but  that  those  inter- 
ested in  it  were  vigilant  and  active,  visiting  the 
members  who  would  permit  such  visits,  furnish- 
ing them  with  adverse  statements,  lauding  the 
operation  of  the  system,  and  constantly  lugging 
in  the  name  of  Washington  as  its  author.   When 
the  system  was  closed  up,  and  the  inside  of  it 
seen,  and  the  balance  struck,  it  was  found  how 
true  all  the  representations  were  which  had  been 
made  against  it.    The  Indians  had  been  imposed 
upon  in  the  quality  and  prices  of  the  goods  sold 
them ;  a  general  trade  had  been  carried  on  with 
the  whites  as  well  as  with  the  Indians;  large 
per  centums  had  been  charged  ujjon  every  thing 
sold;  and  the  total  capital  of  three  hundred 
thousand  dollars  was  lost  aiid  gone.    It  was  a 
loss  whiclj,  at  that  time  (1822),  was  considered 
large,   but   now   (1850)   would  be  considered 
small ;  but  its  history  still  has  its  uses,  in  show- 
ing how  differently  from  its  theory  a  well  in- 
tended act  may  operate — how  long  the  Indians 
and  the  government  may  be  cheated  without 
knowing  it — and  how  difficult  it  is  to  get  a  bad 
law  discontinued  (where  there  is  an  interest  in 
keeping  it  up),  even  though  first  adopted  as  a 
temporary  measure,  and  as  a  mere  experiment. 
It  cost  me  a  strenuous  exertion — much  labor  in 
collecting  facts,  and  much  speaking  in  laying 
them  before  the  Senate — to  get  this  two  years' 
law  discontinued,  after  twenty-five  years  of  in- 
jurious operation  and  costly  experience.    Of  all 
the  branches  of  our  service,  that  of  the  Indian 
affairs  is  most  liable  to  abuse,  and  its  abuses  the 
most  difficult  of  detection. 


tion  before  the  Senate — did  so- 


-brought  in  a  bill 


CHAPTER   X. 

INTERNAL  IMPROVEMENT. 

The  Presidential  election  of  1824  was  ap- 
proaching, the  candidates  in  the  field,  their  re- 
spective friends  active  and  busy,  and  popular 
topics  for  the  canvass  ia  earnest  requisition.  The 


22 


THIRTY  TEARS'  VIEW. 


0    1 


h  '■ 


H 


New- York  canal  had  just  been  completed,  and 
had  brought  groat  i»oi)uliirity  to  itH  principal  ad- 
vocate (De  Witt  Clinton),  and  excited  a  great 
apiKstito  in  public  men  for  that  kind  of  fame. 
Roads  and  canals— moaning  common  turnpike, 
for  the  steam  car  had  not  then  been  invented, 
nor  McAdam  impressed  lus  name  on  the  new 
class  of  roads  which  afterwards  wore  it— were 
all  the  vogue ;  and  the  candidates  for  the  Presi- 
dency spread  their  sails  upon  the  ocean  of  inter- 
nal improvements.     Congress  was  full  of  pro- 
jects for  different  objects  of  improvement,  and 
the  friends  of  each  candidate  exerted  themselves 
in  rivalry  of  each  other,  under  the  supposition 
that  their  opinions  would  stand  for  those  of  their 
principals.     Mr.  Adams,  Mr.   Clay,   and  Mr. 
Calhoun,  were  the  avowed  advocates  of  the  mea- 
sure, going  thoroughly  for  a  general  national 
system  of  internal  improvement :  Mr.  Crawford 
and  General  Jackson,  under  limitations  and  qua- 
lifications. The  Cumberland  road,  and  the  Chesa- 
peake and  Ohio  canal,  were  the  two  prominent 
objects  discussed ;  but  the  design  extended  to  a 
general  system,  and  an  act  was  finally  passed,  in- 
tended to  be  annual  and  permanent,  to  appropri- 
ate igiSOiOOO  to  make  surveys  of  national  routes. 
Mr.  Monroe  signed  this  bill  as  being  merely  for 
the  collection  of  information,  but  the  subject 
drew  from  him  the  most  elaborate  and  thorough- 
ly considered  opinion  upon  the  general  question 
which  has  cvtv  been  delivered  by  any  of  our 
statesmen.    It  was  drawn  out  by  the  passage  of 
an  act  to  provide  for  the  preservation  and  repair 
of  the  Cumberland  road,  and  was  returned  by 
him  to  the  House  in  which  it  originated,  with  his 
objections,  accompanied  by  a  state  paper,  in  ex- 
position of  his  opinions  upon  the  whole  subject ; 
for  the  whole  subject  was  properly  before  Lira. 
The  act  wliich  he  had  to  consider,  though  mod- 
estly entitled  for  the  "  preservation  "  and  "  re- 
pair "  of  the  ■'umberland  road,  yet,  in  its  mode 
of  accomplishing  that  purpose,  assumed  tho  whole 
of  the  powers  which  were  necessary  to  tho  exe- 
cution of  a  general  system.    It  passed  with  sin- 
gular unan'Tnily  through  both  Houses,  in  the 
Senate,  only  seven  votes  against  it,  of  which  I  af- 
terwards felt  proud  to  have  been  one.    He  de- 
nied the  power ;  but  before  examining  the  argu- 
ments for  and  against  it,  very  properly  laid 
down  the  amount  and  variety  of  jurisdiction  and 
authority  which  it  would  require  the  federal  gov- 
ernment to  exercise  within  the  States,  in  order 


to  execute  a  system,  and  that  in  «'ach  and  every 
part — in  every  mile  of  each  and  tvery  canal 
road — it  should  undertake  to  construct.     He  be- 
gan with  acquiring  tho  right  of  way,  and  pur- 
sued it  to  its  results  in  the  construction  and  pre- 
servation of  tho  work,  involving  jurisdiction, 
ownership,    penal    laws,    and    administration. 
Commissioners,  he  said,  must  first  be  appointed 
to  trace  a  route,  and  to  acquire  a  right  to  tho 
groimd  over  which  the  road  or  canal  was  to  pass, 
with  a  sufficient  breadth  for  each.    The  ground 
could  only  be  acquired  by  voluntary  grants  from 
individuals,  or  by  purchases,  or  by  condemna- 
tion of  the  property,  and  fixing  its  value  through 
a  jury  of  the  vicinage,  if  they  refused  to  give  or 
sell,  or  demanded  an  exorbitant  price.      After 
all  this  was  done,  then  came  the  repairs,  the  care 
of  which  wr.s  to  be  of  perpetual  duration,  and 
of  a  kind  to  provide  against  criminal  and  wilful 
injuries,  as  well  as  against  tho  damages  of  acci- 
dent, and  deterioration  from    time   and    use. 
There  are  persons  in  every  community  capable 
of  committing   voluntary  injuries,  of   pulling 
down  walls  that  are  made  to  sustain  tho  road  ; 
of  breaking  the  bridges  over  water-courses,  and 
breaking  the  road  itself.    Some  living  near  it 
might  be  disappointed  that  it  did  not  pass  through 
their  lands,  and  commit  these  acts  of  violence 
and  waste  from   revenge.      To  prevent  these 
crimes  Congress  must  have  a  power  to  pass  laws 
to  punish  tho  offenders,  wherever  they  may  bo 
found.     Jurisdiction  over  the  road  would  not 
be  sufflcient,  though  it  were  exclusive.     There 
must  be  power  to  follow  the  offenders  wherever 
they  might  go.  It  would  seldom  happen  that  the 
parties  would  be  detected  in  the  act.   They  would 
generally  commit  it  in  the  night,  and  fly  far  off  be- 
fore the  sun  appeared.    Right  of  pursuit  must  at- 
tach, or  the  power  of  punishing  become  nugatory. 
Tribunals,  State  or  federal,  must  be  invested 
with  power  to  execute  the  law.    Wilful  injuries 
would  require  all  this  assumption  of  power,  and 
machinery  of  administration,  to  punish  and  pre- 
vent them.     Repair  of  natural  deteriorations 
would  require  the  application  of  a  different  re- 
medy.   Toll  gates,  and  persons  to  collect  tho 
tolls,  were  tho  usual  resort  for  repairing  tliis 
class  of  injuries,  and  keeping  the  road  in  order. 
Congress  must  have  power  to  make  such  an  esta- 
blishment, and  to  enact  a  code  of  regulations 
for  it,  with  fines  and  penalties,  and  agents  to 
execute  it.    To  all  these  exercises  of  authority 


tho  q| 

may 

positi*! 

might] 

ment 

roads  1 

collisii 

ernmel 

depcnc] 

pute. 

Thul 
practic 
suits, 
difBcul 
involve 
madc- 
workin 
argura 
rights, 
might 
able  b; 
inexpec 
cxamin 
derivat 
power, 
them,  I 
These  • 
offices  ( 
third,  \ 
fourth 
for  the 
the  Ui 
ccssarj 
ed  (en 
to  disp 
gulatk 
perty 
cnumc 
Mr.  ISl 
tiplicil 
eata 
catcs 
could 
single 
sough 
whicl 
Still : 
order 
1.  T 
word 
and( 
act. 


ANNO  1823.    JAMES  MONROE,  TUESIDENT. 


S8 


1  in  each  and  every 
h  and  every  canal 
construct.     He  bc- 
t  of  way,  and  pijr- 
mstruction  and  pro- 
olvinp;  jiiri.sdiction, 
d    administration, 
first  bo  appointed 
lire  a  right  to  the 
r  canal  was  to  pass, 
ach.    The  ground 
intary  grants  fiom 
or  by  condemna- 
5  its  vahic  through 
refused  to  give  or 
int  price.     'After 
le  repairs,  the  caro 
luil  duration,  and 
iniinal  and  wilful 
(iamages  of  acci- 
time    and    use. 
mmunity  capable 
irics,  of   pulling 
u.stain  the  road  ; 
ater-courses,  and 
le  living  near  it 
not  pass  through 
acts  of  violence 
»  prevent   these 
wcr  to  pass  laws 
cr  the}'  may  bo 
road  would  not 
lusivo.      There 
iders  wherever 
mppen  that  the 
They  would 
id  fly  far  off  be- 
ursuit  must  at- 
iome  nugatory, 
^t  be  invested 
VVilful  injuries 
of  power,  and 
nish  and  pre- 
deteriorations 
different  re- 
to  collect  the 
'cpairing  tliis 
tad  in  order, 
such  an  esta- 
regulations 
id  agents  to 
of  authority 


I 


the  question  of  the  constitutionality  of  the  law 
niay  be  rait^ed  by  the  i)rosccuted  party.  But  o\)- 
position  might  not  stop  with  individuals.  States 
might  contest  the  right  of  tlio  federal  govern- 
ment thus  to  ])osseH.H  and  to  manage  all  the  great 
roads  ami  canals  within  their  limits;  and  then  a 
collision  would  be  brought  on  between  two  gov- 
ernments, each  claiming  to  be  sovereign  and  in- 

/  dependent  in  its  actions  over  the  subject  in  dis- 
pute. 

Thus  did  Mr.  Monroe  state  the  question  in  its 
practical  bearings,  traced  to  their  legitimate  re- 
sults, and  the  various  assumptions  of  power,  and 
difflculties  with  States  or  individuals  which  they 
involved ;  and  the  bare  statement  which  he 
made — the    bare  presentation  of  the  practical 

I     working  of  the  system,  constituted  a  complete 
argument  against  it,  as  an  invasion  of  State 
rights,  and  therefore   unconsittutional,  and,  he 
might  have  added,  as  complex  and  unmanage- 
able by  the  federal  government,  and  therefore 
inexpedient.     But,  after  stating  the  question,  he 
examined  it  under  every  head  of  constitutional 
derivation  under  which  its  advocates  claimed  the 
power,  and  found  it  to  bo  granted  by  no  one  of 
them,  and  virtually  prohibited  by  some  of  them. 
These  were,  Jirst,  the  right  to  establish  post- 
offices  and  post-roads ;  second,  to  declare  war ; 
third,  to  regulate  commerce  among  the  States ; 
fourth,  the  power  to  pay  the  debts  and  provide 
for  the  common  defence  and  general  welfare  of 
the  United  States;  Jifth,  to  make  all  laws  ne- 
cessary and  proper  to  carry  into  effect  the  grant- 
ed (enumerated)  powers;  sLilh,  from  the  power 
to  dispose  of,  and  make  all  needful  rules  and  re- 
gulations respecting  the  tirritory  or  other  pro- 
perty of  the  United  Suites.     Upon   this  long 
enumeration  of  these  claimed  sources  of  power, 
Mr.  Monroe  well  remarked  that  their  very  mul- 
tiplicity was  an  argument  against  them,  and  that 
eata  one  was  repudiated  by  some  of  the  advo- 
cates for  each  of  the  others :  that  these  advocates 
could  not  agree  among  themselves  upon  any  one 
single  source  of  the  power ;   and  that  it  was 
sought  for  from  place  to  place,  with  an  assiduity 
which  proclaimed  its  non-existence  any  where. 
Still  he  examined  each  head  of  derivation  in  its 
order,  and  efFectually  disposed  of  each  in  its  turn. 
1.   The  post-oflfice  and  post-road  grant.    The 
word  "  establish  "  was  the  ruling  term :  roads 
and  offices  were  the  subjects  on  which  it  was  to 
act.    And  how  ?    Ask  any  number  of  enlight- 


ened citizenn,  who  had  no  connection  with  pub- 
lic affairs,  and  whose  minds  were  unprejudiced, 
what  was  the  meaning  of  the  word  "establish," 
and  the  extent  of  the  grant  it  controls,  and  there 
would  not  be  a  dillbrence  of  opinion  among 
them.    They  would  answer  that  it  was  a  power 
given  to  Congress  to  legalize  existing  roads  as 
post  routes,  and  existing  places  as  post-offices — 
to  fix  on  the  towns,  court-houses,  and    other 
places  throughout  the  Union,  at  which  there 
should  be  post-offices ;  the  routes  by  which  tho 
mails  should  be  carried ;  to  fix  the  postages  to 
be  paid ;  and  to  protect  the  post-offices  and  mails 
from  robbery,  by  punishing  those  who  commit 
the  offence.     Tho  idea  of  a  right  to  lay  off  roads 
to  take  tho  soil  from   the  proprietor  against 
liis  will ;  to  establish  turnpikes  and  tolls ;  to 
establish  a  criminal  code   for   the  punishment 
of  injuries  to  the  road ;  to  do  what  the  protection 
and  repair  of  a  road  reciuircs :  these  are  things 
which  would  never  enter  into  his  head.   The  use 
of  the  existing  road  would  be  all  that  would  bo 
thought  of;  the  jurisdiction  and  soil  remaining 
in  the  State,  or  m  those  authorized  by  its  legis- 
lature to  change  tho  road  at  pleasure. 

2.  The  war  power.      Mr.  Monroe  shows  the 
object  of  ♦his  grant  of  power  to  the  federal  gov- 
ernment— tho  terms  of  the  grant  itself — its  in- 
cidents as  enumerated  in  the  constitution — tho 
exclusion  of  constructive  incidents — and  the  per- 
vading interference  with  the  soil  and  jurisdiction 
of  the  States  which  the  assumption  of  the  internal 
improvement  power  by  Congress  would  carry 
along  with  it.     lie  recites  the  grant  of  tho  power 
to  make  war,  as  given  to  Congress,  and  prohi- 
bited to  the  States,  and  enumerates  the  incidents 
granted  along  with  it,  and  necessary  to  carrying 
on  war :   which  are,  to  raise  money  by  taxes, 
duties,  excises,  and  by  loans ;  to  raise  and  sup- 
port armies  and  a  navy ;  to  provide  for  calling 
out,  arming,  disciplining,  and  governing  the  mili- 
tia, when  in  tho  service  of  the  United  States ;  es- 
tablishing fortifications,  and  to  exercise  exclusive 
jurisdiction  over  the  places  granted  by  tho  State 
legislatures  for  the  sites  of  forts,  magazines,  ar- 
senals, dock-yards,  and  other  needful  buildings. 
And  having  shown  this  enumeration  of  incidents, 
he  very  naturally  concludes  that  it  is  an  exclu- 
sion of  constructive  incidents,  and  especially  of 
one  so  great  in  itself,  and  so  much  interfering 
with  the  soil  and  jurisdiction  of  the  States,  as  the 
federal  exercise  of  the  road-making  power  would 


94 


THIRTY  YKAIW  VIKW. 


Ix).      lie  fxliiliits  \hv  ciiomiity  of  this  interfer- 
ence liy  a  vii'W  of  tlic  cxU'n.sJvo  fU-Id  over  whUh 
it  would  o|K-rntc.      The  L'nito*!  Stntis  are  cjf • 
posed  to  inviision  tiiroiifrh  tlie  wliole  extent  ot 
their  Atlantic  cojist  (to  which  iniiy  now  1k«  add- 
ed seventeen  de^'recs  of  tlie  I'aoiflc  const)  by 
any  Euroinan  |iower  with  wlioin  we  niijilit  lie 
cnKaRcd  in  war:  on  the  nortiiern  and   nortli- 
westeni  frontier,  on  the  side  of  Canada,  l>y  Oreat 
Britoin.  and  on  tlie  southern  by  Sjiain,  or  any 
power  in   alliance  with  her.      If  internal  im- 
provements are   to   he   carried  on  to  the  full 
extent  to  which  they  maybe  useful  for  military 
purposes,  the  power,  as  it  exists,  must  apply  to 
all  the  roads  of  the  I'nion,  there  beinj;  no  limita- 
tion to  it.      Wherever  such  imiirovements  may 
facilitate  the  march  of  troops,  the  tran.sjKirtation 
of  cannon,  or  otherwise  aid  the  ojicrations,  or 
mitigate  the  calamities  of  war  alon^'  the  coast, 
or  in  the  interior,  they  would  be  useful  for  mili- 
tary purposes,  ami  mifiht  therefore  bo  made. 
They  must  be  coextensive  with  the  Union.     The 
power  following  lus  an  incident  to  another  power 
can  bo  measured,  as  to  its  extent,  by  reference 
only  to  the  ol)viou.s  extent  of  the  power  to  which 
it  is  incidental.      It  has  been  shown,  after  the 
most  liberal  construction  of  all  the  enumerated 
powers  of  the  general  government,  that  the  ter- 
ritory within  the  limits  of  the  respective  States 
belonged  to  them ;  that  the  I'nitcd  States  had 
no  right,  imder  the  powers  granted  to  them 
(with    the  excejjtions   specified),   to   any  the 
smallest  portion  of  territory  within  a  State,  all 
those  powers  operating  on  a  different  principle, 
and  having  their  full  effect  without  impairing,  in 
the  slightest  degree,  this  territorial  right  in  the 
States.    By  s[)eci(ically  granting  the  right,  us  to 
such  small  portions  of  territory  as  miglit  be  ne- 
cessary for  these  jiurposcs  (forts,  arsenals,  mag- 
azines, dock-yards  and  other  needful  buildings), 
and,  on  certain  conditions,  minutely  and  well 
defined,  it  is  manifest  that  it  was  not  intended  to 
grant  it,  as  to  any  other  portion,  for  any  purpose, 
or  in  any  manner  whatever.     The  right  of  the 
general  government  must  be  complete,  if  a  right. 
at  all.    It  must  extend  to  every  thing  necessary 
to  the  enjoyment  and  protection  of  the  right. 
It  must  extend  to  the  seizure  and  condemnation 
of  the  property,  if  necessary ;  to  the  punishment 
of  the  offenders  for  injuries  to  the  roads  and 
canals;  to  the  establishment  and  enforcement  of 
tolls  J  to  the  unobstructed  construction,  protec- 


tion, and  pn'sorvation  of  the  rouds.  It  must  be 
a  cotuplete  right,  to  the  extent  above  stateil,  or 
it  will  be  of  no  avail.  That  right  do<>s  not  exist. 
.1.  The  commercial  power.  Mr.  Moni-oo  ar- 
gues that  the  sense  in  which  the  jmwer  to  regu- 
late commerce  was  understood  and  cxerciHed  by 
the  States,  was  doubtless  that  in  which  it  was 
transferred  to  the  T'nited  States ;  and  then  shows 
(hilt  their  regulation  of  commerce  was  by  the 
imposition  of  duties  and  imposts ;  and  that  it  was 
so  regulated  by  them  (befoix)  the  adoption  of  the 
(iinsfitution),  equally  in  respect  to  each  other, 
and  to  foreign  powers.  The  goods,  and  the  ves- 
sels employed  in  the  trade,  arc  the  only  sultjcct 
of  regulation.  It  can  act  on  none  other.  IIo 
then  shows  the  evil  out  of  which  that  grant  of 
power  grew,  and  which  evil  was,  in  fact,  the  pre- 
dominating cause  in  the  call  for  the  convention 
which  framed  the  federal  constitution.  Each 
State  had  the  right  to  lay  duties  and  imposts, 
and  exercised  the  right  on  narrow,  jealous,  and 
selfish  principles.  Instead  of  acting  as  a  nation 
in  regard  to  foreign  powers,  the  States,  individ- 
ually, had  commenced  a  system  of  restraint  upon 
each  other,  whereby  the  interests  of  foreign 
powers  were  promoted  at  their  expense.  This 
contracted  policy  in  some  of  tlie  States  wa.s 
counteracted  by  others.  Restraints  were  imme- 
diately laid  on  such  commerce  by  the  suffering 
States ;  and  hence  grew  np  a  system  of  restric- 
ti<iiis  and  retaliations,  which  destroyed  the  har- 
mony of  the  States,  and  threatened  the  confederacy 
with  dissolution.  From  this  evil  the  new  con- 
stitution relieved  us;  and  the  federal  government, 
as  successors  to  tb(!  States  in  the  power  to  regu- 
late commerce,  immediately  exercised  it  as  they 
had  done,  by  laying  duties  and  imposts,  to  act 
upon  goods  and  vessels :  and  that  was  the  end 
of  the  power. 

4.  To  pay  the  debts  and  provide  for  the  com- 
mon defence  and  general  welfare  of  the  Union. 
Mr.  Monroe  considers  this  "  common  defence " 
and  "  general  welfare  "  clause  as  being  no  grant 
of  power,  but,  in  themselves,  only  an  object  and 
end  to  be  attained  by  the  exercise  of  the  enume- 
rated powers.  They  are  found  in  that  sense  in 
the  preamble  to  the  constitution,  in  company 
with  others,  as  inducing  causes  to  the  formation 
of  the  instrument,  and  as  benefits  to  be  obtained 
by  the  powers  granted  in  it.  They  stand  thus  in 
the  preamble :  "  In  order  to  form  a  more  perfect 
union,  establish  justice,  insure  domestic  tran- 


I 


quillit> 
the  geiil 
liberty 
and  esll 
objects  I 
Congrcl 
them  (i| 
need  fo| 
Ih>  accc 
granted! 
gidcrcd  | 
power 
and  thd 
wouM 
whole 
Union- 
all  othe 
and  rest 
these  w 
limited 
(must  I 
United  5 
for  grca 
Other  ii 
whose  ( 
and  cam 
General' 
to  the  c 
structioi 
quire, 
roads  n 
dian  coi 
tory  be 
(with  t: 
Athens 
acquirei 
no  objc' 
of  then 
ines  tl 
within 
which 
foundc 
right." 
on  an 
States 
State  ' 
pense 
plicati 
ingfr 
State. 
havc( 
ty  wi 


ANNO  1^28.    JAMES  MONROE,  PRESinEXT. 


23 


"ikN.     If  niiiHt  bo 
t  nbovc  stated,  or 
«Iit  Woes  not  exist. 
Mr.  Af(<tii-oo  ar- 
10  |)owfr  to  rypu- 
atnl  exercised  bj 
'■  in  wliicli  it  was 
' ;  iind  tlien  Hhows 
iicrce  was  by  the 
^ ;  and  that  it  was 
10  adoption  of  tho 
5t  to  each  other, 
o'ls,  and  tho  vcs- 
the  only  sulject 
none  other.    Ho 
ch  that  grant  of 
I,  in  fact,  tho  prc- 
tho  convention 
ititution.     Each 
ies  and  imposts, 
3w,  jealous,  and 
ting  as  a  nation 
States,  individ- 
f  restraint  upon 
ests  of  foreign 
expense.     This 
10  States  \^-ns 
its  were  imuic- 
y  tlie  suffering 
em  of  restric- 
oycd  tlio  har- 
lio  confederacy 
the  new  con- 
government, 
owar  to  rcgu- 
*ed  it  as  they 
posts,  to  act 
was  the  end 

for  the  com-        , 
)f  the  Union, 
■on  defence" 
ing  no  grant 
n  object  and 
the  enume- 
hat  sense  in 
n  company 
formation 
be  obtained 
and  thus  in 
iiore  perfect 
lestic  tran- 


quillity, pri)vi<Ie  for  thecDinnion  defi'nco,  promote 
the  gfn«Tal  wi-lfiuv,  and  sociiro  the  blexsings  of 
librrty  to  ourHi-Ivus  and  our  jiosterlty,  do  unlain 
and  I'Htabli.sh  this  consJitutioii."     TIu-hc  are  the 
objects  to  be  accomplished,  but  not  by  allowing 
Congress  to  do  what  it  pleased   to  ac-amplish 
tlicm  (in  which  case  then-  would  liavo  been  no 
need  for  investing  it  with  specific  i)Owert),  but  to 
be  accomplished  by  the  exercise  of  tho  'lowers 
granted  in  the  body  of  the  instrument       Con- 
sidered as  a  distinct  and  separate  graiit,  tho 
power   to  provide  for  tho  "  common  defence  " 
nnd  the  "general  welfare,"  or  either  of  them, 
would  give  to  Congress  tho  command  of  the 
whole   force,   and  of  all  the  resources  of  tho 
Union — absorbing  in  their  transcendental  power 
all  other  powers,  and  rendering  all  tho  grants 
and  restrictions  nugatory  and  vain.   Tho  idea  of 
these  words  forming  an  original  grant,  with  un- 
limited power,  supersedin;^  every  other  grant,  is 
(must  be)  abandoned.     The  government  of  the 
United  States  is  a  limited  government,  instituted 
for  great  national  purposes,  and  for  those  only. 
Other  interests  are  left  to  the  States  individually, 
whoso  duty  it  is  to  provide  for  them,      lloads 
and  canals  fall  into  this  class,  tho  powers  of  tho 
General  Oovernment  being  utterly  incompetent 
to  tho  exorcise  of  tho  rights  wliich  their  con- 
struction, and  protection,  and  preservation  re- 
quire.    Mr.  Monroe  examines  the  instances  of 
roads  made  in  territories,  and  through  tho  In- 
dian countries,  and  tho  one  upon  Spanish  terri- 
tory below  the  31st  degree  of  north  latitude 
(with  the  consent  of  Spain),  on  the  route  from 
Athens  in  Georgia  to  Now  Orleans,  before  wo 
acquired  tho  Floridas ;  and  shows  that  there  was 
no  objection  to  these  territorial  roads,  being  all 
of  them,  to  tho  States,  ex-territorial.     lie  exam- 
ines tho  case  of  the  Cumberland  road,  made 
within  the  States,  and  upon  compact,  but  in 
which  the  United  States  exercised  no  power, 
founded  on  any  principle  of  "jurisdiction  or 
right."     He  says  of  it :  This  road  was  founded 
on  an  article  of  compact  between  the  United 
States  and  tho  State  of  Ohio,  under  which  that 
State  came  into  tho  Union,  and  by  which  the  ex- 
pense attending  it  was  to  be  defrayed  by  the  ap- 
plication of  a  certain  portion  of  the  money  aris- 
ing from  the  sales  of  the  public  lands  within  the 
State.    And,  in  this  instance,  tho  United  States 
have  exercised  no  act  of  jurisdiction  or  sovereign- 
ty within  either  of  the  States  through  which  the 


road  runs,  by  taking  tho  land  fYom  the  proprie- 
tors by  force — by  passing  arts  for  the  pn)lcctlon 
of  the  road — or  to  raiso  a  rcviniu'  from  il  l)y  tho 
establishment  of  turnpiki's  and   tolls — or  any 
other  act  founded  on  the  principles  of  jurisdic- 
tion  or   right.      Ami  I  can  add,  that  the  bill 
passed  by  Congress,  and  which  received  his  veto, 
died  under  his  veto  message,  and  has  never  boon 
revised,  or  attempted  to  be  revised,  since ;  and 
the  road  itself  has  been  abandoned  to  the  States. 
5.  The  i)Ower  to  make  all  laws  which  shall  bo 
necessary   and  proper  to  carry  into  effect  tho 
powers  specifically  granted  to  Congress.     Thifc 
power,  as  being  the  one  which  chiefly  gave  rise 
to  the  latitudinarian  constructions  which  dis- 
criminated parties,  when  parties  were  fotmded 
upon  principle,  is  closely  and  clearly  examined 
by  Mr.  Monroe,  and  shown  to  bo  no  grant  of 
power  at  all,  nor  authorizing  Congress  to  do 
any  thing  which  might  not  have  been  ;lcii>j  with- 
out it,  and  only  ad<led  to  the  enumerated  powers, 
through  caution,  to  secure  their  complete  exe- 
cution.    IIo  says :  I  have  always  considered  this 
power  as  having  been  granted  on  a  jirinciplo  of 
greater  caution,  to  secure  the  complete  execu- 
tion of  all  the  powers  which  had  been  vested  in 
the  General  Government.   It  contains  no  distinct 
and  specific  power,  as  every  other  grant  does, 
such  as  to  lay  and  collect  taxes,  to  declare  war, 
to  regulate  commerce,  and  the  like.    Looking  to 
the  whole  scheme  of  the  General  Government,  it 
gives  to  Congress  authority  to  make  all  laws 
which  should  be  deemed  necessary  and  proper 
for  carrying  all  its  powers  into  eilect.     My  im- 
pression has  invariably  been,  that   this  power 
would  have  existed,  substantially,  if  this  grant 
had  not  been  made.     It  results,  by  necessary 
implication  (such  is  the  tenor  of  the  argument), 
from  the  granted  powers,  and  was  only  added 
from  caution,  and  to  leave  nothing  to  implica- 
tion.    To  act  under  it,  it  must  first  be  shown 
that  the  thing  to  be  done  is  already  sjK'cified  in 
one  of  the  enumerated  powers.    This  is  the  point 
and  substance  of  Mr.  Monroe's  opinion  on  tliis 
incidental  grant,  and  which  has  been  the  source 
of  division  between  parties  from  the  foundation 
of  the  government — the  fountain  of  latitudi- 
nous  construction — and  which,  taking  the  judg- 
ment of  Congress   is  the  rule  and  measure  of 
what  was  "  necessary  and  proper  "  in  legislation, 
takes  a  rule  which  puts  an  end  to  the  limitations 
of  the  constitution,  refers  all  the  powers  of  tho 


26 


THIRTY  YEARS'  VIEW. 


*        :     !> 


body  to  its  own  discretion,  and  becomes  as  absorb- 
ing and  transcendental  in  its  scope  as  the  "  gen- 
eral welfare  "  and  "  common  defence  clauses  " 
would  be  themselves. 

6.  The  power  to  dispose  of,  and  make  all  need- 
ful rules  ?nd  regulations  resjiccting  the  territory 
or  other  property  of  the  United  States,  This 
clause,  as  a  source  of  power  for  making  roads 
and  canals  within  a  State,  Mr.  Monroe  disposes 
of  summarily,  as  havirtg  no  relation  whatever  to 
the  subject.  It  grew  out  of  the  cessions  of  ter- 
ritory which  different  States  had  made  to  the 
United  States,  and  i elates  solely  to  that  terri- 
tory (and  to  such  as  has  been  acquired  since  the 
adoption  of  the  constitution),  and  which  lay 
without  the  limits  of  a  State.  Special  provision 
was  deemed  necessary  for  such  territory,  the 
main  powers  of  the  constitution  operating  inter- 
nally, not  being  applicable  or  adequate  thereto ; 
and  it  follows  that  this  power  gives  no  authority, 
and  has  even  no  bearing  on  the  subject. 

Such  was  this  great  state  paper,  delivered  at 
a  time  when  internal  improvement  by  the  fede- 
ral government,  having  become  an  issue  in  the 
canvass  for  the  Presidency,  and  ardently  advo- 
cated by  three  of  the  candidates,  and  qualifiedly 
by  two  others,  had  an  immense  current  in  its 
favor,  carrying  mtiny  of  the  old  strict  constitu- 
tionists  along  with  it.  Mr.  Monroe  stood  firm, 
vetoed  the  bill  which  assumed  jurisdiction  over 
the  Cumberland  road,  and  drew  up  his  senti- 
ments in  full,  for  the  consideration  of  Congress 
and  the  country.  His  argument  is  abridged 
and  condensed  in  this  view  of  it ;  but  his  posi- 
tions and  conclusions  preserved  in  full,  and  with 
scrupulous  correctness.  And  the  whole  paper, 
as  an  exposition  of  the  differently  understood 
parts  of  the  constitution,  by  one  among  those 
most  intimately  acquainted  with  it,  and  as  ap- 
plicable to  the  whole  question  of  constructive 
powers,  deserves  to  be  read  and  studied  by  every 
student  of  our  constitutional  law.  The  only 
point  at  which  Mr.  Monroe  gave  way,  or  yielded 
in  the  least,  to  the  tem.per  of  the  times,  was  in 
admitting  the  power  of  appropriation — the  right 
of  Congress  to  appropriate,  but  not  to  apply 
money — to  internal  iinprovements ;  and  in  that 
he  yielded  against  his  earlier,  and,  as  I  believe, 
better  judgment.  He  had  previously  condemned 
the  appropriation  as  well  as  the  application,  but 
finally  yielded  on  this  point  to  the  counsels  that 
beset  him  J  but  nugatorially.  as  appropriation 


without  application  was  inoperative,  and  a  balk 
to  ihr>  whole  system.  But  an  act  was  passed 
soon  aftei  for  surveys— for  making  surveys  of 
routes  for  roads  and  canals  of  general  and  nation- 
al importance,  and  the  sum  of  $30,000  was  ap- 
propriated for  that  purpose.  The  act  was  as 
carefully  guarded  as  words  could  do  so,  in  its 
limitation  to  objects  of  national  importance,  but 
only  presented  another  to  the  innumerable  in- 
stances of  the  impotency  of  words  in  securing 
the  execution  of  a  law.  The  selection  of  routes 
under  the  act,  rapidly  degenerated  from  national 
to  sectional,  from  sectional  to  local,  and  from  lo- 
cal to  mere  neighborhood  improvements.  Early 
in  the  succeeding  administration,  a  list  of  some 
ninety  routes  were  reported  to  Congress,  from 
the  Engineer  Department,  in  which  occurred 
names  of  places  hardly  heard  of  before  outside 
of  the  State  or  section  in  which  they  were 
found.  Saugatuck,  Amounisuck,  Pasumic,  Win- 
nispiseogee,  Piscataqua,  Titonic  Falls,  Lake  Mem- 
phramagog,  Conneaut  Creek,  Holmes'  Hole, 
Lovejoy's  Narrows,  Steele's  Ledge,  Cowhegan, 
Androscoggin,  Cobbiesconte,  Ponceaupechaux, 
alias  Soapy  Joe,  were  among  the  objects  which 
figured  in  the  list  for  national  improvement. 
The  bare  reading  of  the  list  was  a  condemnation 
of  the  act  under  which  they  were  selected,  and 
put  an  end  to  the  annual  appropriations  wliich 
were  in  the  course  of  being  made  for  these  sur- 
veys. No  appropriation  was  made  after  the  year 
1827.  Afterwards  the  veto  message  of  Presi- 
dent Jackson  put  an  end  to  legislation  upon 
local  routes,  and  the  progress  of  events  has  with- 
drawn the  whole  subject — the  subject  of  a  sys- 
tem of  national  internal  improvement,  once  so 
formidable  and  engrossing  in  the  public  mind — 
from  the  halls  of  Congress,  and  the  discussions 
of  the  people.  Steamboats  and  steam-cars  have 
superseded  turnpike^  and  canals  ;  individual  en- 
terprise has  dispensed  with  national  legislation. 
Hardly  a  great  route  exists  in  any  State  which 
is  not  occupied  under  State  authority.  Even 
great  works  accomplished  by  Congress,  at  vast 
cost  and  long  and  bitter  debates  hi  Congress, 
aud  deemed  eminently  national  at  the  time,  have 
lost  that  character,  and  sunk  into  the  class  of 
common  routes.  The  Cumberland  road,  which 
cost  $0,070,000  in  money,  and  was  a  prominent 
subject  in  Congress  for  thirty-four  years— from 
1802,  when  it  was  conceived  to  183G,  when  it  wa& 
abandoned  to  the  States :  this  road,  once  so  ab- 


i 


ANXO  1824.     JAME3  MONROE,  PRESIDENT. 


27 


fttive,  and  a  balk 
n  act  was  passed 
iking  surveys  of 
neral  and  nation- 
.«i30,000  was  ap- 

The  act  was  as 
3uld  do  so,  in  its 

importance,  but 
innumerable  in- 
ords  in  securing 
lection  of  routes 
ed  from  national 
3al,  and  from  lo- 
vemcnts.  Early 
n,  a  list  of  some 

Congress,  from 
which  occurred 
f  before  outside 
ich  they  were 
,  Pasumic,  Win- 
ills,  Lake  Mem- 
Holmes'  Hole, 
Ige,  Cowhegan, 
)nccaupechaux, 

objects  wliich 

improvement. 

condemnation 
c  selected,  and 
riatious  wliich 
for  these  sur- 

after  the  year 
ago  of  Presi- 
;islation  upon 
ents  has  with- 
Jject  of  a  sys- 

lent,  once  so 

iblic  mind — 
disciissions 

am -cars  have 

[dividual  en- 

1  legislation. 

State  which 

>rity.    Even 

ress,  at  vast 

u  Congress, 

le  time,  have 

tiie  class  of 

road,  which 

I  prominent 

ears— from 

ivhcn  it  wai^ 

mce  so  ab- 


^_ 


Borbing  both  of  public  money  and  public  atten- 
tion, has  degenerated  into  a  common  highway, 
and  is  entirely  superseded  by  the  parallel  rail- 
road route.  The  same  may  be  said,  in  a  less  de- 
gree, of  the  Chesapeake  and  Ohio  canal,  once  a 
national  object  of  federal  legislation  intended,  as 
its  name  imports,  to  connect  the  tide  water  of 
the  Atlantic  with  the  great  rivers  of  the  West ; 
now  a  local  canal,  chiefly  used  by  some  com- 
panies, very  beneficial  in  its  place,  but  sunk  from 
the  national  character  which  commanded  for  it 
the  votes  of  Congress  and  large  appropriations 
from  the  federal  treasury.  Mr.  Monroe  was  one 
of  the  most  cautious  and  deliberate  of  our  pub- 
lic men,  thoroughly  acquainted  with  the  theory 
and  the  working  of  the  constitution,  his  opinions 
upon  it  entitled  to  great  weight ;  and  on  this 
point  (of  internal  improvement  within  the  States 
by  the  federal  government)  his  opinion  has  be- 
come law.  But  it  does  not  touch  the  question 
of  improving  national  rivers  or  harbors  yielding 
revenue — appropriations  for  the  Ohio  and  Missis- 
sippi and  other  large  streams,  being  easily  had 
when  unincumbered  with  local  objects,  as  shown 
by  the  appropriation,  in  a  separate  bill,  in  1824, 
of  ^75,000  for  the  improvement  of  these  two 
rivers,  and  which  was  approved  and  signed  by 
V".  Alonroe. 


CHAPTER    XI. 

GENERAL  REMOVAL  OF  INDIANS. 

The  Indian  tribes  in  the  diiferent  sections  of  the 
Union,  had  experienced  very  different  fates — in 
the  northern  and  middle  States  nearly  extinct — 
in  the  south  and  west  they  remained  numerous 
and  formidable.  Before  the  war  of  1812,  with 
Great  Britain,  these  southern  and  western  tribes 
held  vast,  compact  bodies  of  land  in  these 
Slates,  preventing  the  expansion  of  the  white 
settlements  within  their  limits,  and  retaining  a 
dangerous  neighbor  within  their  borders.  The 
victories  of  General  Jackson  over  the  Creeks, 
and  the  territorial  cessions  which  ensued  made 
the  first  great  breach  in  this  vast  Indian  domain ; 
but  much  remained  to  be  done  to  free  the  south- 
ern and  western  States  from  a  useless  and  dan- 
gerous population — to  give  them  the  use  and 
jurisdiction  of  all  the  territory  within  their 
limits,  and  to  place  them,  in  thav  respect,  on  an 


equality  with  the  northern  and  middle  States. 
From  the  earliest  periods  of  the  colonial  settle- 
ments, it  had  been  the  policy  of  the  government, 
by  successive  purchases  of  their  territory,  to 
remove  these  tribes  further  and  further  to  the 
west ;  and  that  policy,  vigorously  pursued  after 
the  war  with  Crtat  Britain,  had  made  much 
progress  in  freeing  several  of  these  States  (Ken- 
tucky entirely,  and  Tennessee  almf-t)  from  this 
population,  which  so  greatly  hindered  the  expan- 
sion of  their  settlements  and  so  much  checked 
the  mcrease  of  their  growth  and  strength.   Still 
there  remained  up  to  the  year  1824 — the  last 
year  of  Mr.  Monroe's  administration — large  por- 
tions of  many  of  these  States,  and  of  the  terri- 
tories, in  the  hands  of  the  Indian  tribes ;   in 
Georgia,  nine  and  a  half  millions  of  acres ;  in 
Alabama,  seven  and  a  half  millions ;  in  Missis- 
sippi, fifteen  and  three  quarter  millions  ;  in  the 
territory  of  Florida,  four  millions ;  in  the  terri- 
tory of  Arkansas,  fifteen  and  a  half  millions ; 
in  the  State  of  Missouri,  two  millions  and  three 
quarters ;   in  Indiana  and  Illinois,  fifteen  mil- 
lions ;  and  in  Michigaii,  east  of  the  lake,  seveu 
millions.    All  these  States  and  territories  were 
desirous,  and  most  justly  and  naturally  so,  to 
get  possession  of  these  vast  bodies  of  land, 
generally  the  best  within  their  limits.     Georgia 
held  the  United  States  bound  by  a  compact  to 
relieve  her.    Justice  to  the  ether  States  and  ter- 
ritories required  the  same  relief ;  and  the  appli- 
cations to  the  federal  governm  nt,  to  which  the 
right  of  purchasing  Indian  lands,  even  within  the 
States,  exclusively  belonged,  were  incessant  and 
urgent.     Piecemeal  acquisitions,  to  end  in  get- 
ting the  whole,  were  the  constant  effort ;  and  it 
was  evident  that  the  encumbered  States  and  ter- 
ritories would  not,  and  certainly  ought  not  to  bo 
satisfied,  until  all  their  soil  was  cpen  to  settle- 
ment, and  subject  to  their  jurisdiction.    To  the 
Indians  themselves  it  was  equally  essential  to  be 
removed.    The  contact  and  pressure  of  the  white 
race  was  fatal  to  them.    They  had  dwindled  un- 
der it,  degenerated,  become  depraved,  and  whole 
tribes  extinct,  or  reduced  to  a  few  individuals, 
wherever  they  attempted  to  remain  in  the  old 
States  ;  and  could  look  for  no  other  fate  in  the 
new  ones. 

"What,"  exclaimed  Mr  Elliott,  senator  from 
Georgia,  in  advocating  a  system  of  general  re- 
moval— "  what  has  become  of  the  immense  hordes 
of  these  people  who  once  occupied  the  soil  of  the 


'  i' 


28 


THIRTY  YEARS'  VIEW. 


M 


M 


:iiil< 


oI(K'r  States?     In  New  Enpland,  where  nnmor- 
oiis  nnd  warlike  tribes  once  so  fiercely  contended 
for  supremacy  with  our  forefathers,  but  two 
thousand  five  hundred  of  their  descendants  re- 
main, and  they  are  dispirited  and  degraded.     Of 
the  powerful  leai^ue  of  the  Six  Nations,  so  length'^ 
scourge  and  terror  of  New- York,  only  abcat  five 
thousand  souls  remain.  In  New  Jersey,  Pennsyl- 
vania, and  Maryland,  the  numerous  and  powerful 
tribes  once  seen  there,  are  either  extinct,  or  so  re- 
duced as  to  escape  observation  in  any  enumeration 
of  the  States'  inhabitants.    In  Virginia,  Mr.  Jef- 
ferson informs  us  that  there  were  at  the  com- 
mencement of  its  colonization  (1007),  in  the  com- 
paratively small  portion  of  her  extent  which  lies 
between  the  sea-coast  and  the  mountains,  and 
from  the  Potomac  to  the  most  southern  waters 
of  James  River,  upwards  of  forty  tribes  of 
Indians:  now  there  are  but  forty-seven  individ- 
uals in  the  whole  State!    In  North  Carolina 
none  arc  counted :  in  South  Carolina  only  four 
hundred  and  fifty.    While  in  CJeorgia   where 
thirty  years  since  there  were  not  less  than  thirty 
thousand  souls,  there  now  remain  some  fifteen 
thousand — the  one  half  having  disappeared  in  a 
single  generation.    That  many  of  these  peoj.le 
have  removed,  and  others  jjcrished  by  the  sword 
in  the  frecjucnt  wars  which  hnve  occurred  in  the 
progress  of  our  settlements,  I  am  free  to  admit. 
But  where  arc  the  hundreds  of  thousands,  with 
t'icir  descendants,   who  neither  removed,  nor 
were  thus  destroyed  ?    Sir,  like  a  promontory 
of  sand,  exposed  to  the  ceaseless  encroachments 
of  the  ocean,  they  have  been  gradually  wa.sting 
awaj'  before  the  current  of  the  advancing  white 
population  which  set  in  upon  them  from  every 
quiirter ;  ^nd  unless  speedily  removed  beyond 
the  influence  of  this  cause,  of  the  many  tens  of 
thousands  now  within  the  limits  of  the  southern 
and  western  States,  a  renmant  will  not  long  be 
found  to  i)oint  you  to  the  graves  of  their  ances- 
tors, or  to  relate  the  sad  story  of  their  disap- 
pearance from  earth." 

Mr.  Jcfierson,  that  statesman  in  fact  as  well 
as  in  name,  that  man  of  enlarged  and  compre- 
hensive views,  whose  prerogative  it  was  to  forc^ 
sec  evils  and  provide  against  them,  had  long  fore- 
seen the  evils  both  to  the  Indians  and  to  the 
whites,  in  retaining  any  part  of  these  tribes  within 
our  organized  limits ;  and  upon  the  first  acquisi- 
tion of  Louisiana — within  three  months  after  the 
tcquisitjot— proposed  it  for  the  future  residence 


of  all  the  tribes  on  the  east  of  the  Mississippi ; 
and  his  plan  had  been  acted  >i[ion  in  some  de- 
gree, both  by  himself  and  his  immediate  succes- 
sor. But  it  was  reserved  for  Mr.  Monroe's  atl- 
ministration  to  take  up  the  subject  in  its  full 
sense,  to  move  upon  it  as  a  system,  and  to  ac- 
complish at  a  single  operation  the  removal  of 
all  the  tribes  from  the  east  to  the  west  side  of 
the  Mississippi— from  the  settled  States  and  ter- 
ritories, to  the  wide  and  wild  expanse  of  Louisi- 
ana. Their  preservation  and  civilization,  and 
permanency  in  their  new  possessions,  were  to  be 
their  advantages  in  this  removal — delusive,  it 
might  be,  but  still  a  respite  from  impending  de- 
struction if  they  remained  where  they  were.  This 
comprehensive  plan  was  advocated  by  Mr.  Cal- 
houn, then  Secretary  of  War,  and  charged  with 
the  administration  of  Indian  afiairs.  It  was  a  plan 
of  incalc\ilablc  value  to  the  southern  and  west- 
ern States,  but  impracticable  without  the  hearty 
concurrence  of  the  northern  and  non-slavcholding 
States.  It  might  awaken  the  slavery  (juestion, 
hardly  got  to  sleep  after  the  alarming  agitations 
of  the  Missouri  controversy.  The  States  and 
territories  to  be  relieved  were  slaveholding.  To 
remove  the  Indians  would  make  room  for  the 
spivad  of  slaves.  No  removal  could  be  elll'cled 
without  the  double  process  of  a  treaty  and  aa 
appropriation  act — the  treaty  to  be  ratified  by 
two  thirds  of  the  Senate,  where  the  slave  and 
free  States  were  equal,  and  the  approj)riation  to 
be  obtained  from  Congress,  where  free  States 
held  the  majority  of  members.  It  was  evident 
that  the  execution  of  the  whole  plan  was  in  the 
liauds  of  the  free  States ;  and  nobly  did  they  do 
their  duty  by  the  South.  Some  societies,  and 
some  individuals,  no  doubt,  with  very  liumano 
motives,  but  with  the  folly,  and  blindness,  and 
injury  to  the  objects  of  their  care  which  generally 
attend  a  gratuitous  interference  with  the  afiairs 
of  others,  attempted  to  raise  an  outcry,  and  made 
themselves  busy  to  frustrate  the  plan  ;  but  the 
free  States  themselves,  in  their  federal  action, 
and  through  the  proper  exponents  of  their  will 
— their  delegations  in  Congress — cordially  con- 
curred in  it,  and  faithfully  lent  it  a  helping  and 
efficient  hand.  The  President,  Mr.  Monroe,  in 
the  session  1  S24-'25,  reccmmended  its  adoption 
to  Congress,  and  asked  the  necessary  appropria- 
tion to  begin  from  the  Congress.  A  bill  was  re- 
ported in  the  Senate  for  that  puqwse,  and  unani- 
mously passed   tiiat  body.      What   is    more, 


the  treat] 
tribes  ir 
States  ofl 
;;  and  Arkl 
\  selves,  ai[ 
i  outprevil 
j  for  the  pj 
I  the  Tndiif 
^   and  readl 
>    at  St.  Lol 
'■    thority,  sj 
j    ccrncd,  af 
J    that  the  I 
<    They  wciT 
i    rendered  I 
j    laid  for  tl 
was  foUo' 
•    of  Congr 
States  we 
ci'.mbranc 
was  an  ac 
the  bills  a 
this  grea 
witnessedl 
bcrs  fron 
cnrrence 
who  wisl' 
the  State 
owe  it  to 
the  cuUi 
this  faith 
conduct  i 
lieving  tl 
so  large  i 
sion  of  i 
recommc 
of  1825, 
total  rer 
assured 
was  folic 
of  each  c 


ANNO  1824.    JAMES  MONROE,  PRESIDENT. 


29 


f  the  Mississippi ; 
upon  in  some  de- 
nimciliato  succes- 
Jr.  Monroe's  a<l- 
iiilyect  in  Its  full 
►  stem,  and  to  nc- 
i  the  removal  of 
;ho  west  side  of 
d  States  and  ter- 
[panse  of  Louisi- 
civilization,   and 
sions,  were  to  be 
vai— delnsive,  it 
in  impending  de- 
theywerc.   This 
ted  by  Mr.  Cal- 
id  charged  with 
s.   It  was  a  plan 
hern  and  west- 
hout  the  hearty 
on-slaveho!ding 
avery  question, 
ining  agitations 
riie  States  and 
veholding.    To 
:  room  for  the 
uld  be  cilected 
I  treaty  and  aH 
be  ratified  by 
the  slave  and 
•l)ropriation  to 
re  free  States 
t  was  evident 
an  was  in  the 
did  they  do 
societie.s,  and 
cry  humane 
lindncss,  and 
lich  generally 
Ih  the  affairs 
ry,  and  made 
Ian ;  but  the 
'deral  action, 
of  their  will 
Jrdially  con- 
helping  and 
Monroe,  in 
its  adoptior; 
y  ajipropria- 
bill  was  rc- 
i,  and  unani- 
t  is    more, 


)I 


the  treaties  made  with  the  Kansas  and  Osage 
tribes  in   1825,  for  the  cession  to  the  United 
States  of  all  their  vast  territory  west  of  Missouri 
and  Arkansas,  except  small  reserves  to  them- 
selves and  which  treaties  had  been  made  with- 
out previous  authority  from  the  government,  and 
for  the  purpose  of  acquiring  new  homes  for  all 
the  Indians  east  of  the  Mississippi,  were  duly 
and  readily  ratified.    Th'  so  treaties  were  made 
at  St.  Louis  by  General  Clarke,  without  any  au- 
thority, so  far  as  this  large  acquisition  was  con- 
cerned, at  my  instance,  and  upon  my  assurance 
that  the  Senate  would  ratify  them.   It  was  done. 
They  were  ratified :  a  great  act  of  justice  was 
rendered  to  the  South.      The  foundation  was 
laid  for  the  future  removal  of  the  Indians,  which 
was  followed  up  by  subsequent  treaties  and  acts 
of  Congress,  until  the   southern   and   western 
States  were  as  free  as  the  northern  from  the  in- 
cumbrance of  an  Indian  population  ;  and  I,  who 
was  an  actor  in  these  transactions,  who  reported 
the  bills  and  advocated  the  treaties  which  brought 
this  great  benefit  to  the  south  and  west,  and 
witnessed    the    cordial    support  of   the  mem- 
bers from   the  free  States,  without  who.se  con- 
currence they  could  not  have  been  passed — I, 
who  wish  for  harmony  and  concord  am«ng  aP 
the  States,  and  all  the  sections  of  this  Union, 
owe  it  to  the  cause  of  truth  and  justice,  and  to 
the  cultivation  of  fraternal    feelings,  to    bear 
this  faithfiil  testimony  to  the  just  and  liberal 
conduct  of  the  pon-slaveholding  States,  in  re- 
lieving the  southern  and  western  States  from 
so  large  an  incumbrance,  and  aiding  the  exten- 
sion of  their  settlement  and  cultivation.    The 
recommendation  of  Mr.  Monroe,  and  the  treaties 
of  1825,  were  the  bcrinning  of  the  system  of 
total  removal ;  but  it  was  a  beginning  which 
assured  the  success  of   the   whole   plan,  ,ind 
was  followed  up,  as  will  be  seen,  in  the  history 
of  each  case,  until  the  entire  system  was  accom- 
plished. 


CHAPTER    XII. 

VISIT  OF  LAFAYETTE  TO  THE  UNITED  8TATE8. 

In  the  summer  of  this  year  General  Lafayette, 
accompanied  by  his  son,  Mr.  George  Washing- 
ton Lafayette,  and  under  an  invitation  from  the 
President,  revisited  the  United  States  after  a 


lapse  of  forty  years.    He  wan  received  with  un- 
bojmded  honor,  affection,  and  gratitude  by  the 
American  people.    To  the  survivors  of  the  Revo- 
lution, it  was  the  return  of  a  brother ;  to  the 
new  generation,  born  since  that  time,  it  was  the 
apparition  of  an  historical  character,  familiar 
from  the  cradle ;  and  combining  all  the  titles  to 
love,  admiration,  gratitude,  enthusiasm,  which 
could  act  upon  the  heart  and  the  imagination  of 
the  young  and  the  ardent.    He  visited  every 
State  in  the  Union,  doubled  in  number  since,  as 
the  friend  and  pupil  of  Washington,  he  had  spilt 
his  blood,  and  lavished  his  fortune,  for  their  in- 
dependence.     His  progress  through  the  States 
was  a  triumphal  procession,  such  as  no  Roman 
ever  led  up — a  procession  not  through  a  city, 
but  over  a  continent — followed,  not  by  captives 
in  chains  of  iron,  but  by  a  nation  in  the  bonds 
of  aflcction.      To  him  it  was  an  unexpected  and 
overpowering  reception.     His  modest  estimate  of 
himself  had  not  allowed  him  to  suppose  that  he 
was  to  electrify  a  continent.    He  expected  kind- 
ness, but  not  enthusiasm.     He  expected  to  meet 
with  surviving  friends — not  to  rouse  a  young  gen- 
eration.    As  he  approached  the  harbor  of  New- 
York,  he  made  inquiry  of  some  acquaintance  to 
know  whether  he  could  find  a  hack  to  convey 
him  to  a  hotel  ?    Illustrious  man,  and  modest  as 
illustrious !    Little  did  he  know  that  all  Ame- 
rica was  on  foot  to  receive  him — to  take  posses- 
sion of  him  the  moment  he  touched  her  soil — to 
fetch  and  to  carry  him — to  feast  and  applaud 
him — to  make  him  the  guest  of  cities.  States, 
and  the  nation,  as  long  as  he  could  be  detained. 
Many  were  the  happy  meetings  which  he  had 
with  old  comrades,  survivors  for  near  half  a 
century  of  their  early  hardJiips  and  dangers  ; 
and  most  grateful  to  his  heart  it  was  to  see 
them,  so  many  of  them,  exceptions  to  the  maxim 
which  denies  to  th'j  beginners  of  revolutions  tho 
good  fortune  to  conclude  them  (and  of  which 
maxim  his  own  country  had  just  been  so  sad  an 
exemplification),  and  to  sec  his  old  comrades  not 
only  conclude  the  one  they  began,  but  live  to  enjoy 
its  fruits  and  honors.    Three  of  his  old  associates 
hi;  found  ex-presidents  (Adams,  Jefferson,  and 
Madison),  enjoying  the  respect  and  affection  of 
their  country,  afler  having  reached  its  higlicst 
honors.      Another,  and  the  last  one  that  Time, 
would  admit  to  the  Presidency  (Mr.  Monroe), 
now  in  the  Presidential  chair,  and  inviting  him 
to  revisit  tho  lana  of  his  adoption.    Many  of  his 


30 


THIRTY  TEARS'  VIEW. 


early  associates  seen  in  the  two  Houses  of  Con- 
gress—many   in   the  State  governments,  and 
many  more  in  all  the  walks  of  private  life,  pa- 
triarchal sires,  respected  for  their  characters, 
and  venerated  for  their  patriotic  services.    It 
was  a  grateful  spectacle,  and  the  more  impres- 
sive from  the  calamitous  fato  which  he  had  seen 
attend  so  many  of  the  revolutionary  patriots  of 
the  Old  World.      But  tlie  enthusiasm  of  the 
young  generation  astonished  and  excited  him, 
and  gave  him  a  new  view  of  himself— a  future 
glimpse  of  himself— and  such  as  he  would  be 
seen  in  after  ages.     Before  them,  ho  was  in  the 
presence  of  posterity ;  and  in  their  applause  and 
admiration  he  saw  his  own  future  place  in  his- 
tory, passing  down  to  the  latest  time  as  one  of 
the  most  perfect  and  beautiful  characters  which 
one  of  the  most  eventful  periods  of  the  world 
had  produced.     Mr.   Clay,  as  Speaker  of  the 
House  of  Representatives,  and  the  organ  of  their 
congratulations  to  Lafayette  (when  he  was  re- 
ceived in  the  hall  of  the  House),  very  felicitously 
seized  the  idea  of  his  present  confrontation  with 
posterity,  and  adorned  and  amplified  it  with  the 
graces  of  oratory.     Ho  said :  "  The  vain  wish 
has  been  sometimes  indulged,  that  Providence 
would  allow  the  patriot,  after  death,  to  return 
to  his  country,  and  to  contemplate  the  inter- 
mediate changes  which  had  taken  place — to  view 
the  forests  felled,  the  cities  built,  the  mountains 
levelled,  the  canals  cut,  the  highways  opened, 
the  progress  of  the  arts,  the  advancement  of 
learning,  and  the  increase  of  population.     Gen- 
eral !  your  present  visit  to  the  United  States  is 
the  realization  of  the  consoling  object  of  that 
wish,  hitherto  vain.    You  aro  in  the  midst  of 
posterity  !      Every  where  you  must  have  been 
struck  with  the  great  changes,   physical  and 
moral,  which  have  occurred  since  you  left  us. 
Even  this  very  city,  bearing  a  venerated  name, 
alike  endearing  to  you   and  to  us,  has  since 
emerged  from  the  fores'  which  then  covered  its 
site.    In  one  respect  you  behold  us  unaltered, 
and  that  is,  in  thc»  sentiment  of  continued  devo- 
tion to  liberty,  and  of  ardent  affection  and  pro- 
found gratitude  to  your  departed  friend,  the  fa- 
ther of  his  country,  and  to  your  illustrious  asso- 
ciates in  the  field  and  in  the  cabinet,  for  the  mul- 
tiplied blessings  which  surround  us,  and  for  the 
very  privilege  of  addressing  you,  which  I  now 
have."    Ho  was  received  in  both  Houses  of  Con- 
gress with  equal  honor  j  but  the  Houses  did 


not  limit  themselves  to  honors :  they  added  sub- 
stantial rewards  for  long  past  services  and  sacri- 
flces — two  hundred  thousand  dollars  in  money, 
and  twenty-four  thousand  acres  of  fertile  land  in 
Florida.  These  noble  grants  did  not  pass  with- 
out objection — objection  to  the  principle,  not  to 
the  amount.  The  ingratitude  of  republics  is  the 
theme  of  any  declaimer :  it  required  a  Tacitus 
to  say,  that  gratitude  was  the  death  of  republics, 
and  the  birth  of  monarchies ;  and  it  belongs  to 
the  people  of  the  United  States  to  exhibit  an 
exception  to  that  profound  remark  (as  they  do 
to  so  many  other  lessons  of  history),  and  show  a 
young  republic  that  knows  how  to  be  grateful 
without  being  unwise,  and  is  able  to  pay  the  debt 
of  gratitude  without  giving  its  liberties  in  the  dis- 
charge of  the  obligation.  The  venerable  Mr.  Ma- 
con, yielding  to  no  one  in  love  and  admiration  of 
Lafayette,  and  appreciation  of  his  services  and  sa- 
crifices in  the  American  cause,  opposed  the  grants 
in  the  Senate,  and  did  it  with  the  honesty  of  pur- 
pose and  the  simplicity  of  language  wliich  distin- 
guished all  the  acts  of  his  life.  He  said :  "  It 
was  with  painful  reluctance  that  he  felt  himself 
obliged  to  oppose  his  voice  to  the  passage  of  this 
bill.  He  admitted,  to  the  full  extent  claimed  for 
them,  the  great  and  meritorious  services  of 
General  Lafayette,  and  he  did  not  object  to  the 
precise  sum  which  this  bill  proposed  to  award 
him ;  but  he  objected  to  the  bill  on  this  ground : 
he  considered  General  Lafayette,  to  all  intents 
and  purposes,  as  having  been,  during  our  revolu- 
tion, a  son  adopted  into  the  family,  taken  into 
the  household,  and  placed,  in  every  respect,  on 
the  same  footing  with  the  other  sons  of  the  same 
family.  To  treat  him  as  others  were  treated, 
was  all,  in  this  view  of  his  relation  to  us,  that 
could  be  required,  and  this  had  been  done.  That 
General  Lafayette  made  great  sacrifices,  and 
spent  much  of  his  money  in  the  service  of  tills 
country  (said  Mr.  M.),  -I  as  firmly  believe  as  I 
do  any  other  thing  under  the  sun.  I  have  no 
doubt  that  every  faculty  of  his  mind  and  body 
were  excited  in  the  Revolutionary  war,  in  de- 
fence of  this  country  ;  but  this  was  equally  the 
case  with  all  the  sons  of  the  famil}'.  3Iany  na- 
tive Americans  spent  their  all,  made  great  sacri- 
fices, id  devoted  their  lives  in  the  same  cause. 
This  was  the  ground  of  his  objection  to  this  bill, 
which,  he  repeated,  it  was  as  disagreeable  to 
him  to  state  as  it  could  be  to  the  Senate  to  hear. 
He  did  not  mean  to  take  up  the  time  of  the  S^ 


I 


\ 


natc  il 
to  nio| 
that, 
be  don| 

cip'i 
proposi 
TheF 
poitcrl 
objectil 
from 
with  tl 
6acrific| 
the 
1777 
(  ?140J 
—a  foi 
his  fort 
vished 
rank  a 
family, 
armies, 
armed 
a  vessc 
It  was 
ruined 
forts  ir 
ccive  th 
ral  ofii< 
He  was 
the  Rc> 
him,  to 
the  Ui 
acres  s 
Congrc 
locatioi 
New  ( 
was  so 
saying 
portioi 
locatio 
ried  u 
up  wl 
^500,C 
losses, 
great ' 
by  the 
and  h 
which 
The 
and  w 
can  p( 


"I^. 


ANNO  1823.    JAMES  MONROE,  PRESIDENT. 


31 


rs:  they  added  sub- 
t  service.s  and  sacri- 
i  dollars  in  money 
res  of  fertile  land  in 
did  not  pass  with- 
le  principle,  not  to 
}  of  republics  is  the 
required  a  Tacitua 
!  death  of  republics, 
and  it  belongs  to 
ates  to  exhibit  an 
emark  (as  they  do 
story),  and  show  a 
WW  to  be  grateful 
bio  to  pay  the  debt 
liberties  in  the  dis- 
venerable  Mr.  Ma- 
and  admiration  of 
[lis  services  and  sa- 
)pposed  the  grants 
tie  honesty  of  pur- 
lage  wliich  distin- 
'e.    lie  said:  "It 
at  he  felt  himself 
he  passage  of  this 
extent  claimed  for 
ious  services  of 
lot  object  to  the 
roposed  to  award 
1  on  this  ground : 
te,  to  all  intents 
Liring  our  revolu- 
imily,  taken  into 
ery  respect,  on 
sons  of  the  same 
rs  were  treated, 
>tion  to  us,  that 
jeen  done.  That 
sacrifices,  and 
service  of  tliis 
ily  believe  as  I 
uii.    I  have  no 
mind  and  body 
ary  war,  in  de- 
las  equally  the 
ly.     i\Iany  na- 
wle  great  sacri- 
e  samo  cause, 
ion  to  this  bill, 
lisagreeable  to 
donate  to  hear, 
me  of  the  So- 


nato  in  debate  upon  tho  principle  of  the  bill,  or 
to  move  any  amendment  to  it.  He  admitted 
that,  when  such  things  were  done,  they  should 
be  done  with  a  free  hand.  It  was  to  the  prin- 
cip-1  of  the  bill,  therefore,  and  not  to  the  sum 
proposed  to  be  given  by  it,  that  he  objected." 

The  ardent  Mr.  Ilaync,  of  South  Carolina,  re- 
poi  tcr  of  the  bill  in  tho  Senate,  replied  to  the 
objections,  and  first  showed  from  history  (not 
from  Lafayette,  who  would  have  nothing  to  do 
with  the  proposed  grant),  liis  advances,  losses,  and 
sacrifices  in  our  cause.  Ho  had  expended  for 
the  American  service,  in  six  years,  from 
1777  to  1783,  the  sum  of  700,000  francs 
( ^140,000 ),  and  under  what  circumstances? 
— a  foreigner,  owing  us  nothing,  and  throwing 
his  fortune  into  the  scale  with  his  life,  to  be  la- 
vished in  our  cause.  He  left  the  enjoyments  of 
rank  and  fortune,  and  the  endearments  of  his 
family,  to  come  and  serve  in  our  almost  destitute 
armies,  and  without  pay.  He  equipped  and 
armed  a  regiment  for  our  service,  and  freighted 
a  vessel  to  us,  loaded  with  arms  and  munitions. 
It  was  not  until  the  year  1794,  when  almost 
ruined  by  the  French  revolution,  and  by  his  ef- 
forts in  the  cause  of  liberty,  that  he  would  re- 
ceive the  naked  pay,  without  interest,  of  a  gene- 
ral oflicer  for  the  time  he  had  served  with  us. 
He  was  entitled  to  land  as  one  of  the  officers  of 
the  Revolution,  and  11,500  acres  was  granted  to 
him,  to  be  located  on  any  of  the  public  lands  of 
the  United  States.  Ilis  agent  located  1000 
acres  adjoining  the  city  of  New  Orleans ;  and 
Congress  afterwards,  not  being  informed  of  the 
location,  granted  the  same  ground  to  the  city  of 
New  Orleans.  His  location  was  valid,  and  he 
was  so  informed ;  but  he  refused  to  adhere  to  it, 
saying  that  he  would  have  no  contest  with  any 
portion  of  the  American  people,  and  ordered  the 
location  to  bv  removed ;  which  was  done,  and  car- 
ried upon  ground  of  little  value — thus  giving 
up  what  was  then  worth  $50,000,  and  now 
$500,000.  These  were  his  moneyed  advances, 
losses,  and  saciificcs,  great  in  themselves,  and  of 
great  value  to  our  cause,  >)U*;  perhaps  exceeded 
by  the  moral  cfi'oct  of  his  example  in  joining  us, 
and  his  influence  with  the  king  and  ministry, 
which  procured  us  the  alliance  of  France. 

The  grants  were  voted  with  great  unanimity, 
and  with  the  general  concurrence  of  the  Ameri- 
can people.  Mr.  Jefferson  was  warmly  for  them, 
giving  as  a  reason,  in  a  conversation  with  me 


while  the  grants  were  depending  (for  the  bill 
was  passed  in  the  Christmas  holidays,  when  I 
had  gone  to  Virginia,  and  took  the  opportunity 
to  call  upon  that  great  man),  which  showed 
his  regard  for  liberty  abroad  as  well  as  at  home, 
and  his  far-seeing  sagacity  into  future  events. 
Ho  said  there  would  be  a  change  in  France, 
and  Lafayette  would  bo  at  the  head  of  it,  and 
ought  to  bo  easy  and  independent  in  his  circum- 
stances, to  be  able  to  act  efficiently  in  conducting 
the  movement.  This  he  said  to  me  on  Christmas 
day,  1824.  Six  years  afterwards  this  view  into 
futurity  was  verified.  The  old  Bourbons  had  to 
retire:  the  Duke  of  Orleans,  a  brave  general  in 
the  republican  armies,  at  the  commencement  of 
the  Revolution,  was  handed  to  the  throne  by  La- 
fayette, and  became  the  "  citizen  king,  surround- 
ed by  republican  institutions."  And  in  this 
Lafayette  was  consistent  and  sincere.  He  was 
a  republican  himself,  but  df>cmed  a  constitutional 
monarchy  the  proper  government  for  Fi'ance,  and 
labored  for  that  form  in  the  person  of  Louis 
XVI.  as  well  as  in  that  of  Louis  Philippe. 

Loaded  with  honors,  and  with  every  feeling  of 
his  heart  gratified  in  the  noble  reception  he  had 
met  in  the  country  of  his  adoption,  Lafayette  re- 
turned to  the  country  of  his  birth  the  following 
summer,  still  as  the  guest  of  the  United  States, 
and  under  its  flag.  He  was  carried  back  in  a 
national  ship  of  war,  the  new  frigate  Brandy- 
wine — a  delicate  compliment  (in  the  name  and 
selection  of  the  ship)  from  the  new  President, 
Mr.  Adams,  Lafayette  having  wet  with  his  blood 
the  sanguinary  battle-field  which  takes  its  name 
from  the  little  stream  which  gave  it  first  to  the 
field,  and  then  to  the  frigate.  Mr.  ilonroe,  then 
a  subaltern  in  the  service  of  the  United  States, 
was  wounded  at  the  same  time.  How  honorable 
to  themselves  and  to  the  American  people,  that 
nearly  fifty  years  afterwards,  they  should  again 
appear  together,  and  in  exalted  station  ;  one  as 
President,  inviting  the  other  to  the  great  repub- 
lic, and  signing  the  acts  which  testified  a  na- 
tion's gratitude ;  the  other  as  a  patriot  hero, 
tried  in  the  revolutions  of  two  countries,  and  re- 
splendent in  the  glory  of  virtuous  and  consistent 
fame. 


32 


THIRTY  YEARS'  Vl.-^. 


1 


ri!?% 


CHAPTER    XIII. 

THE  TARIFF,  AND  AMERICAN  SYSTEM. 

The  revision  of  the  Tariff,  with  a  view  to  the 
protection  of  liomo  industry,  and  to  the  estab- 
lishment of  what  was  then  called,  "  The  Ameri- 
can System,"  was  one  of  the  large  subjects 
before  Congress  at  the  session  1823-24,  and  was 
the  regular  commencement  of  tlie  heated  debates 
on  that  question  which  afterwards  ripened  into 
a  serious  difliculty  between  the  federal  govern- 
ment and  some  cf  the  southern  States.     The 
presidential  election  being  then  depending,  the 
subject  became  tinctured  with  party  politics,  in 
which,  so  far  as  that  ingredient  was  concerned, 
and  was  not  controlled  by  other  considerations, 
members  divided  pretty  much  on  the  line  which 
always  divided  them  on  a  question  of  construct- 
ive powers.    The  protection  of  domestic  indus- 
try not  being  among  tlic  granted  powers,  was 
looked  for  in  the  incidental ;  and  denied  by  the 
strict  constiuctionists  to  be  a  substantive  power, 
to  be  exercised  for  the  direct  purpose  of  protec- 
tion ;  but  admitted  by  all  at  that  time,  and  ever 
since  the  first  tariff  act  of  1789,  to  be  an  inci- 
dent to  the  revenue  raising  power,  and  an  inci- 
dent to  be  regarded  in   the  exercise  of  that 
power.   .Revenue  the  object,  protection  the  inci- 
dent, had  been  the  rule  in  the  earlier  tariffs : 
now  that  rule  was  sought  to  be  reversed,  and  to 
make  protection  the  object  of  the  law,  and  reve- 
nue the  incident.    The  revision,  and  the  aug- 
mentation of  duties    which    it   contemplated, 
turned,  not  so  much  on  the  emptiness  of  the 
treasury  and  the  necessity  for  raising  money  to 
fill  it,  as  upon  the  distress  of  the  country,  and 
the  necessity  of  creating  a  home  demand  for  la- 
bor, provisions  and  materials,  by  turning  a  larger 
proportion  of  our  national  industry  into  the 
channel  of  domestic  manufactures.    Mr.  Clay, 
the  leader  in  the  proposed  revision,  and  the 
champion  of  the  American  System,  expressly 
placed  the  proposed  augmentation  of  duties  on 
this  ground ;  and  in  his  main  speech  upon  the 
question,  dwelt  upon  the  state  of  the  country, 
and  gave  a  picture  of  the  public  distress,  which 
deserves  to  be  reproduced  in  this  View  of  the 
wor'.'ng  of  our  government,  both  as  the  leading 
argument  for  the  new  tariff,  and  as  an  exhibi- 


tion of  a  national  distress,  which  those  who  were 
not  cotcmporary  with  the  state  of  thmgs  which 
lie  described,  would  find  it  difficult  to  conceive 
or  to  realize.    Ho  said  : 


•'In  casting  our  eyes  around  us,  the  most 
prominent  circumstance  which  fixes  our  atten- 
tion and  challenges  our  deepest  regret,  is  the 
general  distress  which  jMjrvades  the  whole  coun- 
try. It  is  forcen  ujjon  us  by  numerous  facts 
of  the  most  incontestable  character.  It  is  indi- 
cated by  the  diminished  exiwrts  of  native  pro- 
duce ;  by  the  depressed  and  reduced  state  of  our 
foreign  navigation ;  by  our  diminished  com- 
merce ;  by  successive  unthreshcd  crojjs  of  grain 
perishing  in  our  barns  for  want  of  a  market ; 
by  the  alarming  diminution  of  the  circulating 
medium ;  by  the  numerous  bankrujjtcies  ;  by  a 
universal  complaint  of  the  want  of  emjjloyment, 
and  a  consequent  reduction  of  the  wages  of  la- 
bor ;  by  the  ravenous  pursuit  after  jiublic  situa- 
tions, not  for  the  sake  of  their  honors,  and  the 
performance  of  their  public  duties,  but  as  a 
means  of  private  subsistence  ;  by  the  reluctant 
resort  to  the  perilous  use  of  paper  money ;  by 
the  intervention  of  legislation  in  the  delicate 
relation  between  debtor  and  creditor ;  and, 
above  all,  by  the  low  and  depressed  state  of  the 
value  of  almost  every  descrijjtion  of  the  whole 
mass  of  the  property  of  the  nation,  which  has, 
on  an  average,  sunk  not  less  than  about  fifty 
per  centum  within  a  few  years.  This  distress 
pervades  every  part  of  the  Union,  every  cla.ss  of 
society ;  all  feel  it,  though  it  may  be  felt,  at  dif- 
ferent places,  in  different  degrees.  It  is  like  the 
atmosphere  which  siUTounds  us :  all  must  in- 
hale it,  and  none  can  escape  from  it.  A  few 
years  ago,  the  planting  interest  con.soled  itself 
with  its  happy  exemptions  from  the  general  ca- 
lamity ;  but  it  has  now  reached  this  interest  also, 
which  experiences,  though  with  less  severity, 
the  general  suffering.  1 1  is  most  painful  to  me 
to  attempt  to  sketch,  or  to  dwell  on  the  gloom 
of  this  picture.  But  I  have  exaggerated  nothing. 
Perfect  fidelity  to  the  original  would  have  au- 
thorized me  to  have  tlu'own  on  deeper  and 
darker  hues." 

Mr.  Clay  was  the  leading  speaker  on  the  part 
of  the  bill  in  the  House  of  Representatives, 
but  he  was  well  supported  by  many  able  and 
effective  speakers — by  Messrs.  Storrs,  Tracy, 
John  W.  Taylor,  from  New- York ;  by  Messrs. 
Buchanan,  Tcdd,  Ingham,  Hemphill,  Andrew 
Stewart,  from  Pennsylvania  ;  by  Mr.  Louis 
McLane,  from  Delaware ;  by  Messrs.  Buckner, 
F.  Johnson,  Letcher,  Metcalfe,  Trimble,  White, 
Wickliffe,  from  Kentucky ;  by  Messrs.  Camp- 
bell, Vance,  John  W.  Wright,  Vinton,  Whittle- 
sey, from  Oliio;  Mr.  Daniel  P.  Cook,  from 
Illinois. 


I 


Mr.| 

other 
distrcsj 
emptio 
assum(| 
tribute 
paper i 
suspenl 
nccessi| 
^    tures,  I 
'i    of  the  I 
^     contcsti 
j     duties,  [ 
J    of  the 
i     facturir 


ANNO  1824.    JAMES  MONROE,  PRESIDENT. 


33 


ch  those  who  were 
te  of  things  which 
lifficult  to  conceive 


imd 


us,  the  moat 


h  fixes  our  attcn- 

)est  regret,  is  the 

!s  the  whole  coun- 

y  numerous  facts 

meter.     It  is  indi- 

)rts  of  native  pro- 

sthiccd  state  of  our 

diminished  com- 

icd  crops  of  grain 

!int  of  a  market ; 

)f  the  circulating 

nkriii)tcies ;  by  a 

it  of  employment, 

'  the  wages  of  la- 

ifter  public  situa- 

•  honors,  and  the 

duties,  but  as  a 

by  the  reluctant 

5apcr  money ;  by 

I  in  the  delicate 

creditor;    and, 

issed  state  of  the 

ion  of  the  whole 

ation,  which  has, 

than  about  fifty 

i.     This  distress 

n,  every  cla.ss  of 

y  be  felt,  at  dif- 

It  is  like  the 

all  must  in- 

rom  it.    A  few 

consoled  itself 

the  general  ca- 

his  interest  also, 

1   less  severity, 

it  painful  to  me 

on  the  gloom 

rerated  nothing. 

vould  have  au- 

>n  deeper  and 


cr  on  the  part 
eprcsentatives, 
lany  able  and 
Storrs,  Tracy, 
by  Messrs. 


)hill 


,  Andrew 
Mr.  Louis 


5srs.  Buckncr, 
•imble.  White, 
lessrs.  Camp- 
iton,  Wliittle- 
Cook,  from 


m 


Mr.  Webster  was  the  leading  speaker  on  the 
other  side,  and  disputed  the  universality  of  the 
distress  which  had  been  described ;  claiming  ex- 
emption from  it  in  New  England;  denied  the 
assumed  cause  for  it  where  it  did  exist,  and  at- 
tributed it  to  over  expansion  and  collapse  of  the 
iiiiper  system,  as  in  Great  Britain,  after  the  long 
suspension  of  the  Bank  of  England ;  denied  the 
necessity  for  increased  protection  to  manufac- 
tures, and  its  inadequacy,  if  granted,  to  the  relief 
of  the  country  where  distress  prevailed;  and 
contested  the  propriety  of  high  or  prohibitory 
duties,  in  the  present  active  and  intelligent  state 
of  the  world,  to  stimulate  industry  and  manu- 
facturing enterprise.    lie  said : 

"Within  my  own  observation,  there  is  no 
cause  for  such  gloomy  and  terrifying  a  repre- 
sentation. In  respect  to  the  New  England 
States,  with  the  condition  of  which  I  am  best 
acquainted,  they  present  to  me  a  period  of  very 
general  prosperity.  Supposing  the  evil  then  to 
be  a  depression  of  prices,  and  a  |)artial  pecuniary 
pressure ;  the  next  inquiry  is  into  the  causes  of 
that  evil.  A  depreciated  currency  existed  in  a 
great  part  of  the  country — depreciated  to  such  a 
degree  as  that,  at  one  time,  exchange  between 
(lie  centre  and  the  north  was  as  high  as  twenty 
per  cent.  The  Bank  of  the  United  States  was 
instituted  to  correct  this  evil ;  but,  for  causes 
which  it  is  not  now  necessary  to  enumerate,  it 
did  not  for  some  years  bring  back  the  currency 
of  the  country  to  a  sound  state.  In  May,  1811), 
the  British  House  of  Commons,  by  an  unanimous 
vote,  decided  that  the  resumption  of  cash  pay- 
ments by  the  Bank  of  England  should  not  be 
deferred  beyond  the  ensuing  February  (it  had 
tlien  been  in  a  state  of  suspension  near  twenty- 
five  years).  The  paper  system  of  England  had 
certainly  communicated  an  artificial  value  to 
property.  It  had  encouraged  speculation,  and 
excited  overtrading.  When  the  shock  therefore 
came,  and  this  violent  pressure  for  money  acted 
at  the  siinie  moment  on  the  Continent  and  in 
England,  infiated  and  unnatural  prices  could  be 
kept  up  no  longer.  A  reduction  took  place, 
which  has  been  estimated  to  have  been  at  least 
equal  to  a  fall  of  thirty,  if  not  forty,  per  cent. 
The  depression  was  universal ;  and  the  change 
was  felt  in  the  United  States  severel}',  though 
not  e(iually  so  in  every  part  of  them.  About 
the  time  of  tl.ese  foreign  events,  our  own  bank 
system  underwent  a  cliaiige  ;  mid  all  these 
causes,  in  my  view  of  the  subject,  eoiieurred  to 
produce  the  great  sIkh^k  which  took  place  in  our 
coinmeicial  cities,  and  throngli  many  parts  of 
the  eouiitiy._  The  yiar  IiSll)  was  a  year  of  nu- 
ineroiis  Ihiluivs,  and  \erv  eoiisidrrable  distress, 
iind  would  have  I'liriiislR'd  I'ar  I'uiter  grounds 
thiui  exist  at  present  lor  tlint  gloomy  ivpresen- 
tatiou  wiiich  has  bji  n  presented.     J\lr.  Speaker 

Vol.  I.— 3 


(Clay)  has  alluded  to  the  strong  inclination 
which  exists,  or  has  existed,  in  various  parts  of 
the  country,  to  issue  paper  money,  as  a  proof  of 
great  existing  difficulties.    I  regard  it  rather  as 
a  very  pi-oductivc  cause  of  those  difficulties  ;  and 
wo  cannot  fail  to  observe,  that  there  is  at  this 
moment  much  the  loudest  complaint  of  distress 
precisely  where  there  has  been  the  greatest  at- 
tempt to  relieve  it  by  a  system  of  paper  credit. 
Let  us  not  suppose  that  wo  are  big  inning  the 
protection  of  manufactures  by  duties  on  imports. 
Look  to  the  history  cf  our  laws;  look  to  the 
prc.'?ent  state  of  our  laws.     Consider  that  our 
whole  revenue,  with  a  trilling  exception,  is  col- 
lected from  the  custom-house,  and  always  has 
been ;  and  then  say  what  propriety  there  is  in 
calling  on  the  government  for  i)rotection,  as  if 
no  protection  had  heretofore  been  afforded.    On 
the  general  question,  allow  me  to  ask-  if  tho 
doctrine  of  prohibition,  as  a  general  doctrine,  bo 
not  preposterous?    Supj)o.se  all  nations  to  act 
upon  it :  they  would  be  prosperous,  then,  accord- 
ing to  the  argument,  precisely  in  the  proportion 
in  which  they  abolished  intercourse  with  one 
another.     The  best  apology  for  laws  of  prohibi- 
tion and  laws  of  monopoly,  will  bo  found  in  that 
state  of  society,  not  only  unenlightened,  but 
sluggish,  in  which  they  are  most  generally  cs- 
t.ablished.      Private  industry  in  those  days,  re- 
quired strong  provocatives,  which  government 
was  seeking    to  administer   by   these    means. 
Something  was  wanted  to  actuate  and  stimulate 
men,  and  the  prospects  of  .such  jjiolits  as  would, 
in  our  times,   excite    unbounded    competition, 
would  hardly  move  the  sloth  of  former  ages. 
In  some  instances,  no  doubt,  these  laws  produced 
an  eflect  which,  in  that  period,  would  not  have 
taken  place  without  them.    (Instancing  the  pro- 
tection to  the  English  woollen  manufactures  in 
the  time  of  the  Henrys  and  the  Edwards).     But 
our  age  is  wholly  of  a  ditlercnt  character,  and 
its  legislation  takes  another  turn.     Society  is 
full  of  excitement :  competition  comes  in  place 
of  monopoly ;  and  intelligence  and  industry  ask 
only  for  fair  play  and  an  open  field." 

AYith  Mr.  Webster  were  numerous  and  able 
speakers  on  the  side  of  free  trade :  From  his 
own  State,  Mr.  Baylies ;  from  New- York,  Mr. 
Cambreling ;  from  Virginia,  Messrs.  Randolph, 
Philip  P.  Barbour,  John  S.  Barbour,  Garnet, 
Alexander  Smythe,  Floyd,  Mercer,  Archer,  Ste- 
venson, Rives.  Tucker,  Mark  Alexander ;  from 
North  Carolina,  Messrs.  Manguin,  Saunders, 
Spaight,  Lewis  Williams,  Burton,  Wcldon  N. 
Edwards  ;  from  South  Carolina,  Messrs.  Mc- 
Dufile.  .lames  Hamilton,  Poin.sett ;  from  Geor- 
gia, Messrs.  Forsyth,  Tatnall,  Cuthbert,  Cobb;. 
fiom Tennessee.  Messrs.  Blair,  Isaaks,  Reynolds; 
from  Louisiaiiii  Mr.  Edward  Livingston;  from 
Alabama,   !Mr.    Owen ;    from    ^laryland,   Mr.. 


84 


THIRTY  YEARS'  VIEW. 


Warficld;    from   Jlississippi,  Jlr.   Christopher 
Rankin. 

The  bill  was.  carried  in  the  House,  after  a  pro- 
tracted contest  of  ten  weeks,  by  the  lean  majority 
of  five — 107  to  102— onl,"  two  members  absent, 
and  the  voting  so  zealous  that  several  members 
were  brought  in  upon  their  siek  couches.   In  the 
Senate  the  bill  encountered  a  strenuous  resist- 
ance.   Mr.  Edwaid  Lloyd,  of  Maryland,  moved 
to  refer  it  to  the  committee  on  finance — a  motion 
considered  hostile  to  the  bill;  and  which  was 
lost  by  one  vote— 22  to  23.    It  was  then,  on  the 
motion  of  Mr.  Dickerson,  of  New  Jersey,  referred 
to  the  committee  on  manufactures  j  a  reference 
deemed  favorable  to  the  bill,  and  by  which  com- 
mittee it  was  soon  returned  to  the  Senate  with- 
out any  proposed  amendment.    It  gave  rise  to  a 
most  earnest  debate,  and  many  propositions  of 
amendment,  some  of  which,  of  slight  import, 
were  carried.    The  bill  itself  was  carried  by  the 
small  majority  of  four  votes — 25  to  21.    The 
principal  speakers  in  favor  of  the  bill  were: 
Messrs.  Dickerson,  of  New  Jersey ;  D'Wolf,  of 
Rhode  Island ;  Holmes,  of  Maine ;  R.  M.  John- 
son, ofKentucIvy ;  Lowrie,  of  Pennsylvania ;  Tal- 
bot, of  Kentucky ;  Van  Buren.    Against  it  the 
principal  speakers  were :  Messrs.  James  Barbour 
and  John  Taylor,  of  Virginia  (usually  called 
John  Taylor  of  Caroline)  ;  Jlessrs.  Branch,  of 
North  Carolina;    Ilayne,  of  South  Carolina^ 
Henry  Johnson  and  Josiah  Johnston,  of  Louisi- 
ana ;  Kelly  and  King,  of  Alabama ;  Rufus  King, 
of  New- York ;  James  Lloyd,  of  JIassachusetts  ; 
Edward  Lloyd  and  Samuel  Smith,  of  Maryland ; 
^lacon,  of  North  Carolina ;  Van  Dyke,  of  Dela- 
ware.   The  bill,  though  brought  forward  avow- 
edly for  the  protection  of  domestic  manufactures, 
was  not  entirely  supported  on  that  ground.    An 
increase  of  revenue  was  the  motive  with  some, 
the  public  debt  being  still  near  nmety  millions, 
and  a  loan  of  five  millions  being  authorized  at 
that  session.   An  increased  protection  to  the  pro- 
ducts of  several  States,  as  lead  in  Missouri  and 
Illinois,  hemp  iu  Kentucky,  iron  in  Pennsylvania, 
wool  in  Ohio  and  New- York,  commanded  many 
votes  for  the  bill ;  and  the  impending  presidential 
election  had  its  influence  in  its  favor.    Two  of 
the  candidates,  Messrs.  Adams  and  Clay,  were 
avowedly  for  it;  General  Jackson,  who  voted 
for  the  bill,  was  for  it,  as  tending  to  give  a  home 
supply  of  the  articles  necessary  in  time  of  war, 


Mr.  Crawford  was  opposed  to  it ;  and  Mr.  Cal- 
houn had  been  withdrawn  from  the  list  of  presi- 
dential candidates,  and  become  a  candidate  for 
the  Vice-Presidency.     The  Southern  planting 
States  were  extremely  dissatisfied  with  the  pasB- 
age  of  the  bill,  believing  that  the  new  burdens 
upon  imports  which  it  imposed  fell  upon  the 
producers  of  me  exports,  and  tended  to  enrich 
one  section  of  the   Union  at  the   expense  of 
another.    The  attack  and  support  of  the  bill 
took  much  of  a  sectional  aspect ;  Virginia,  the 
two  Carolinas,  Georgia,  and  some  others  being 
nearly  unanimous  against  it.      Pennsylvania, 
New- York,  Ohio,  Kentucky  being  nearly  unani- 
mous for  it.    Massachusetts,  which  up  to  this 
time  had  a  predominating  interest  in  commerce, 
voted  all,  except  one  member,  against  it.    With 
this  sectional  aspect,  a  tariff"  for  protection  also 
began  to  assume  a  political  aspect,  being  taken 
under  the  care  ol  the  party  since  discriminated 
as  Whig,  which  drew  from  Mr.  Van  Buren  a 
sagacious  remark,  addressed  to  the  manufactur- 
ers themselves ;  that  if  they  suffered  their  inter- 
ests to  become  identified  with  a  political  party 
(any  one),  they  would  share  the  fate  of  that 
party,  and  go  down  with  it  whenever  it  sunk. 
Without  the  increased  advantages  to  some  States, 
the  pendency  of  the  presidential  election,  and 
the  political  tincture  which  the  question  began 
to  receive,  the  bill  would  not  have  passed — so 
difficult  is  it  to  prevent  national  legislation  from 
falling  under  the  influence  of  extrinsic  and  acci- 
dental causes.    The  bill  was  approved  by  Mr. 
Monroe — a  proof  that  that  careful  and  strict 
constructionist  of  the  Constitution  did  not  con- 
sider it  as  deprived  of  its  revenue  character  by 
the  degree  of  protection  which  it  extended. 


CHAPTER    XIV. 

THE  A.  B.  PLOT. 

On  Monday,  the  19th  of  April,  the  Speaker  of 
the  House  (Mr.  Clay)  laid  before  that  body  a 
note  just  received  from  Ninian  Edwards,  Esq., 
late  Senator  in  Congress,  from  Illinois,  and  then 
Minister  to  Mexico,  and  then  on  his  way  to  his 


post,  requesting  him  to  present  to  the  House  a 
and  as  raising  revenue  to  pay  the  public  debt,   communication  which  accompanied  the  note,  and 


■  which  cl 

-  Socretar 

',  ford. 

;  through 

I  dcnsed 

i  accusatio 

and  dcclf 

if  the  lb) 

communi 

bcrs  of 

I  A.  B.,  of 

I  be  the 

i  received 

f  printed 

■  j  tiousnnd 

I  tlicn  a  pr 

3  and  the  I 

f 

^  House,  w 

I  Washing 

J  defeat  hi 

f  shared  th 

I  sunk  int( 

I   had  it  ii( 

f   House  (th 

i   call  for  in 

f   over,  did 

I   vcstigatio 

■J   of  Congn 

ment;  tb 

the  charg( 

them  mm 

relating  t( 

banks,    'i 

was,  that 

session,  b 

tion  won 

done  to  J! 

unanswei 

so  imposi 

of  Congn 

the  necesi 

of  Virgin 

communi 

pointed  t 

be  cmpo\ 

to  adraini 

it  to  the 

journme 

before ;  a 

was  gran 

was  mO! 

speaker  ( 


ANNO  1824.    JAMES  MONROi;  PRESIDENT. 


85 


I  it ;  and  Mr.  Col- 
li the  list  of  presi- 
0  a  candidate  for 
iouthern  planting 
led  with  the  pass- 
the  new  burdens 
ed  fell  upon  the 

tended  to  enrich 

the   expense  of 
pport  of  the  bill 
;ct ;  Virginia,  the 
line  others  being 
Pennsylvania, 
ing  nearly  unani- 
vhich  up  to  this 
•est  in  commerce, 
igainst  it.    With 
r  protection  also 
lect,  being  taken 
ice  discriminated 
[r.  Van  Buren  a 
tho  manufactur- 
rered  their  inter- 
a  political  party 
the  fate  of  that 
licncver  it  sunk. 
|s  to  some  States, 
al  election,  and 
[uestion  began 
lavc  passed — so 

egislation  from 
trinsic  and  acci- 

)proved  by  Mr. 

cful  and  strict 

)n  did  not  con- 
character  by 

extended. 


[V. 


ic  Speaker  of 
that  body  a 

Idwards,  Esq.. 

nois,  and  then 

lis  way  to  his 
the  House  a 
the  note,  and 


which  charged  illegalities  and  misconduct  on  the 
Secretary  of  the  Treasury,  Mr.William  11.  Craw- 
iford.     The  charges  and  specifications,  spread 
tliroui^h  a  voluminous  communication,  were  con- 
:  Sensed  at  its  close  into  six  -regular  heads  of 
'  accusation,  containing  matter  of  imjwachment ; 
i  nnd  declaring  them  all  to  be  susceptible  of  proof, 
;  if  the  House  would  order  an  investigation.    The 
I  communication  was  accompanied  by  ten  num- 
bers of  certain  newspaper  publications,  signed 
A.  B.  of  which  Mr.  Edwards  avowed  himself  to 
I  bo  the  author,  and  asked  that  they  might  be 
received  as  a  part  of  bis  communication,  and 
printed  alrng  with  it,  and  taken  as  the  specifica- 
tions '.mdcr  the  six  charges.    Mr.  Crawford  was 
then  a  prominent  candidate  for  the  Presidency, 
and  the  A.  B.  papers,  thus  communicated  to  the 
House,  were  a  series  of  publications  made  in  a 
AVashington  City  paper,  during  the  canvass,  to 
defeat  his  election,  and  would  doubtless  have 
shared  tho  \isual  fate  of  such  publications,  and 
sunk  into  oblivion  after  the  election  was  over, 
had  it  not  been  for  this  formal  appeal  to  the 
House  (the  grand  inquest  of  the  nation)  and  this 
ftill  for  investigation.    The  communication,  how- 
ever, did  not  seem  to  contemplate  an  early  in- 
vcstio'ation,  and  certainly  not  at  the  then  session 
of  Congress.    Congress  was  near  its  adjourn- 
ment ;  the  accuser  was  on  his  way  to  Mexico ; 
the  charges  were  grave ;  the  specifications  under 
them  numerous  and  complex ;  and  many  of  them 
relating  to  transactions  with  the  remote  western 
banks.    The  evident  expectation  of  the  accuser 
was,  that  the  matter  would  lie  over  to  the  next 
session,  before  which  time  the  presidential  elec- 
tion would  take  place,  and  all  the  mi.schief  be 
done  to  Mr.  Crawford's  character,  resulting  from 
unanswered  accusations  of  so  much  gravity,  and 
so  imposingly  laid  before  the  impeaching  branch 
of  Congress.     Tho  friends  of  Mr,  Crawford  saw 
thenecessity  of  immediate  action ;  and  Mr.  Floyd, 
of  Virginia,  instantly,  upon  the  reading  of  the 
communication,  moved  that  a  committee  be  ap- 
pointed to  take  it  into  consideration,  and  that  it 
be  empowered  to  send  for  persons  and  papers — 
to  administer  oaths — take  testimony — and  report 
it  to  the  House ;  with  leave  to  sit  after  the  ad- 
journment, if  the  investigation  was  not  finished 
before ;  and  publish  tlieir  report.   The  committee 
was  granted,  with  all  the  powers  asked  for,  and 
was  most  unexceptionably  composed  by   the 
speaker  (Mr.  Clay) ;  a  task  of  delicacy  and  re- 


sponsibility, the  Speaker  being  himself  a  candi- 
date for  the  Presidency,  and  every  member  of  tho 
House  a  friend  to  some  one  of  the  candidates,  in- 
cluding the  accused.  It  consisted  of  Mr.  Floyd,  the 
mover ;  Mr.  Livingston,  of  Louisiana ;  Mr.  Web- 
ster, of  JLas.sachusetts ;  Mr.  Randolph,  of  Virgi- 
nia ;  Mr.  J.  W.  Taylor,  of  New-York ;  Mr.  Duncan 
McArthur,  of  Ohio ;  and  Mr.  Owen,  of  Alabama. 
The  sergeant-at-arms  of  the  House  was  imme- 
diately dispatched  by  'ho  committee  in  pursuit 
of  Mr.  Edwards :  overtook  him  at  fifteen  hun- 
dred miles ;  brought  him  back  to  Washington ; 
but  did  not  arrive  until  Congress  had  adjourned. 
In  the  mean  time,  the  committee  sat,  and  received 
from  Mr.  Crawford  his  answer  to  the  six  char- 
ges:  an  answer  pronounced  by  Mr.  Randolph 
to  be  "  a  triumphant  and  irresistible  vindication ; 
the  most  temperate,  passionless,  mild,  dignified, 
and  irrefragable  exposure  of  falsehood  that  ever 
met  a  base  accusation ;  and  without  one  harsh 
word  towards  their  author."    This  was  the  true 
character  of  the  answer ;  but  Mr.  Crawford  did 
not  write  it.     He  was  unable  at  that  time  to 
write  any  thing.    It  was  written  and  read  to 
him  as  it  went  on,  by  a  treasury  clerk,  familiar 
with  all  the  transactions  to  which  the  accusa- 
tions related — Mr.  Asbury  Dickens,  since  secre- 
tary of  the  Senate.     This  Mr.  Crawford  told 
himself  at  the  time,  with  his  accustomed  frank- 
ness.    Ilis  answer  being  mentioned  by  a  friend, 
as  a  proof  that  his  paralytic  stroke  had  not  af- 
fected his  strength,  he  replied,  that  vres  no  proof — 
that  Dickens  wrote  it.     The  committee  went  on 
with  the  case  (Mr.  Edwards  represented  by  his 
son-in-law,  Mr.  Cook),  examined  all  the  evidence 
in  their  reach,  made  a  report  unanimously  con- 
curred in,  and  exonerating  Mr.  Crawford  from 
every  dishonorable  or  illegal  imputation.    The 
report  was  accepted  by  the  House;  but  Mr. 
Edwards,  having  far  to  travel  on  his  return 
journey,  had  not  yet  been  examined ;  and  to  hear 
him  the  committee  continued  to  sit  after  Con- 
gress had  adjourned.     He  was  examined  fully, 
but  could  prove  nothing;  and  the  committee 
made  a  second  report,  corroborating  the  former, 
and  declaring  it  as  their  unanimous  opinion — 
the  opinion  of  every  one  present — "  that  nothing 
had  been  proved  to  impeach  the  integrity  of  the 
Secretary,  or  to  bring  into  doubt  the  general 
correctness  and  ability  of  his  administration  of 
the  public  finances." 
The  committee  also  reported  all  the  testimony 


36 


THIRTY  YEARS'  VIEW. 


WH 


.    I 


taken,  from  which  it  appeared  that  Mr.  TliUvarda 
himself  had  contrndictcd  all  the  aecwsiitioiis  in 
the  A.  B.  papers;  had  denied  the  niitlioislii|)  of 
them  ;  ha<l  ppplaudcd  the  conduct  of  Mr.  Criiw- 
ford  in  the  \it*c  of  the  western  banks,  and  their 
currency  in  payment  of  the  public  lands,  as  hav- 
ing saved  farmers  from  the  loss  of  tlicir  homos ; 
and  declared  his  belief,  that  no  man  in  the  rov- 
emment  could  have  conducted  the  fiscal  and 
financial  concerns  of  the  povcrimient  with  more 
integrity  and  propriety  than  he  had  done.  This 
was  while  his  nomination  as  minister  to  Mexico 
was  depending  in  the  Senate,  and  to  Mr.  Noble, 
a  .Senator  from  Indiana,  and  a  friend  to  Mr. 
Crawford.    lie  testified  : 

"  That  ho  had  had  a  conversation  with  Mr. 
Edwanls,  introduced  by  Mr,  E.  himself,  concern- 
ing Ml  Crawford's  management  of  the  western 
bank.s,  and  the  authorship  of  the  A.  B.  letters. 
That  it  was  pending  his  nomination  made  by 
the  President  to  the  Senate,  as  minister  to  Mex- 
ico, lie  (Mr.  E.)  stated  that  he  was  about  to 
be  attacked  in  the  Senate,  for  the  purpo.se  of  de- 
feating his  nomination:  that  puity  and  political 
spirit  was  now  high ;  that  he  imdorstood  that 
cliargcs  would  be  exhibited  against  him,  and 
that  it  had  been  so  declared  in  the  Senate.  lie 
further  remarked,  that  ho  knew  me  to  be  the 
decided  friend  of  William  II.  Crawford,  and  said, 
I  am  considered  as  being  bis  bitter  enemy ;  and 
I  am  charged  with  bciing  the  author  of  the  num- 
bers signed  A.  B. ;  but  (raising  his  hand)  I  pledge 
you  my  honor,  1  am  not  the  author,  nor  do  I 
know  who  the  author  is.  Crawford  and  I,  said 
Mr.  Etlwards,  have  had  a  little  diflerenco;  but  I 
have  always  consideri'd  him  a  high-minded,  hon- 
orable, and  vigilant  officer  of  the  government. 
He  has  been  abused  about  the  western  banks 
and  the  unavailable  funds.  Leaning  forward, 
and  extending  his  hand,  he  added,  now  damn  it. 
you  know  we  both  live  in  States  where  there 
are  many  poor  debtors  to  the  government  for 
lands,  together  with  a  deranged  currency.  The 
notes  on  various  banks  being  depreciated,  after 
the  effect  and  operation  of  the  war  m  that  por- 
tion of  the  Union,  and  the  banks,  by  attemjjting 
to  call  in  their  paper,  having  exhausted  their 
specie,  the  notes  that  v^ere  in  circulation  became 
of  little  or  no  value.  Many  men  of  influence  in 
that  country,  said  he,  have  united  to  induce  the 
Secretary  of  the  Treasury  to  select  certain  banks 
as  banks  of  deposit,  und  to  take  the  notes  of 
certain  banks  in  payment  for  public  land.  Had 
he  (Mr.  Crawford)  nol;  done  so,  many  of  our  in- 
habitants would  have  been  turned  out  of  doors, 
and  lost  their  land ;  and  the  people  of  the  coun- 
try would  have  had  ft  universal  disgust  against 
Mr.  Crawford.  And  I  will  venture  to  say,  sakl 
Mr.  Edwards,  notwithstanding  I  am  considered 
his  enemy,  that  no  man  in  this  government  could 
haTO  managed  the  fiscal  and  financial  concerns 


of  the  government  with  more  integrity  and  pro- 
priety than  Mr.  Crawford  did.     He  (Mr.  Noble) 
had  never  repeated  this  conversation  to  any  body 
until  the  eveningof  the  day  that  I  (he)  was  inform- 
ed that  CJov.  Edwards'  'address '  was  presented  to 
the  Hou.se  of  Beitresentatives.     On  that  evening, 
in  conversation  with  several  members  of  tho 
House,  amongst  whem  were  Mr.  Ilcid  and  Mr. 
Nelson,  some  of  whom  said  that  Governor  Ed- 
wards had  avowed  himself  to  bo  tho  author  of 
A.  B.,  and  others  said  that  lie  had  not  done  so.  I 
remarked,  that  they  must  have  misunderstood  tno 
'address,'  for  Gov.  Edwards  had  pledged  his 
honor  to  me  that  he  was  not  the  author  of  A.  B." 
Other  witnesses  testified  to  his  denials,  while 
the  nomination  was  depending,  of  all  authorship 
of  these  publications :  among  them,  the  editors 
of  the  National  Intelligencer, —  friends  to  Mr. 
Crawford.    Mr.  Edwards  called  at  their  oflBce 
at  that  time  (the  first  time  he  had  been  there 
within  a  year),  to  exculpate  himself  from  tho 
imputed  authorship ;  and  did  it  so  earnestly  that 
the  editors  believed  him,  and  published  a  contra- 
diction of  the  report  against  him  in  their  pa|)er, 
stating  that  they  had  a  "  good  rea.son  "  to  know 
that  he  was  not  tho  atithor  of  these  publications. 
That  "  good  reason,"  they  testified,  was  his  own 
voluntary  denial  in  this  unexpected  visit  to  their 
office,  and  his  declarations  in  what  he  called  a 
"frank  and  free"  conversation  with  them  on  tho 
subject.    Such  testimony,  anc'  the  absence  of  all 
proof  on  the  other  side,  was  fatal  to  the  accusa- 
tions, and  to  tho  accu.ser.    The  committee  re- 
ported honorably  and  unanimously  in  favor  of 
Mr.  Crawford ;  the  Congress  and  the  country 
accepted  it ;  Mr.  Edwards  lesigned  his  commi.S' 
sion,  and  disappeared  from  the  federal  political 
theatre :  and  that  was  the  end  of  the  A.  B.  plot, 
which  had  filled  some  newspapers  for  a  year  with 
publications  against  Mr.  Crawford,  and  which 
might  have  passed  into  oblivion,  as  the  current 
productions  and  usual  concomitants  of  a  Presi- 
dential canvass,  had  it  not  been  for  their  formal 
communication  to  Congress  as  ground  of  im- 
peaciimcnt  against  -i,  high  officer.     That  com- 
munication carried  the  "  six  charges,"  and  their 
ten  chapters  of  specifications,  into  our  parlia- 
mentary history,  where  their  fate  becomes  one 
of  the  instructive  lessons  which  it  is  the  province 
of  history  to  teach.   The  newspaper  in  which  tho 
A.  B.  pai)ers  were  published,  wa.s   edited  by  a 
war-oflice  clerk,  in  the  interest  of  the  war  Secre- 
tary (Mr.  Calhoun),  to  the  serious  injury  of  that 
gentleman,  who  received  no  vote  in  any  State 
voting  for  Mr.  Crawford. 


AMKNPSI 

T10>| 

vicq 


ANNO  1824.    JAMES  MONROE,  PRESIDENT. 


37 


ntcRritv  nntl  pro- 
IIo  (Mr.  Noble) 
ation  to  any  body 
f  (he)  was  inform- 
'  wa.s  prt'scnted  to 
On  that  evening, 
members  of  tho 
fr.  Keitl  and  Mr. 
at  Governor  Ed- 
io  tho  author  of 
ttd  not  done  so,  I 
lisiinderHtood  the 
lad  pledged  his 
author  of  A.  B." 
lis  denials,  whilo 
)f  all  authorship 
hem,  the  editors 
-friends  to  Mr. 
1  at  their  o£9ce 
had  been  there 
iinself  from  tho 
o  earnestly  that 
dished  a  contra- 
i  in  their  pajwr, 
lason  "  to  know 
?se  publications, 
id,  was  his  own 
od  visit  to  their 
[hat  lie  called  a 
th  them  on  the 
absence  of  all 
to  the  accusa- 
committce  re- 
sly  in  favor  of 
the  country 
his  commi.s* 
(deral  political 
the  A.  B.  plot, 
for  a  year  with 
and  which 
as  the  current 
Its  of  a  Presi- 
>r  their  formal 
round  of  im- 
That  com- 
ics," and  their 
>  our  parlia- 
beconios  one 
s  the  province 
in  which  tho 
edited  by  a 
le  war  Secre- 
injury  of  that 
in  any  State 


i 


4 

i 


CH  APT  Kit  XV. 

AMKNPMENT  OF  THE  CONSTITUTION  IN  RELA- 
Tioy  TO  THE  ELECTION  OF  PKE8II)E\'.'  AND 
VIOErUESIDENY. 

Ei'noi'KAN  writers  on  American  affairs  are  full 
of  iiiistakes  on  the  working  of  our  government ; 
and  these  mistakes  are  generally  to  the  prejudice 
of  the  democratic  element.     Of  these  mistakes, 
and  in  their  ignorance  of  the  ditlerence  between 
the  theory  and  the  working  of  our  system  in  the 
election  of  the  two  first  officers,  two  eminent 
French  writers  are  striking  instances:  Messrs. 
de  Tocqueville  and  Thiers.     Taking  the  working 
and  the  theory  of  our  government  in  this  par- 
ticular to  be  the  same,  they  laud  the  institution 
of  electors,  to  whom   they  believe   the  whole 
power  of  election  belongs  (as  it  was  intended) ; — 
and  hence  attribute   to   the  superior  sagacity 
of  these  electors  the  merit  of  choosing  all  the 
eminent  Piesidents  who  have  adorned  the  presi- 
dential chair.    This  mistake  between  theory  and 
practice  is  known  to  every  body  in  America,  and 
should  be  known  to  enlightened  men  in  Europe, 
who  wish  to  do  justice  to  popular  government. 
The  electors  have  no  practical  power  over  the 
election,  and  have  had  none  since  their  institu- 
tion.     From   the  beginning  they  have    stood 
pledged  to  vote  for  the  candidates  indicated  (in 
the  early  elections)  by  the  public  will;  after- 
wards, by  Congress  caucuses,  as  long  as  those 
caucuses  followed  the  public  will ;  and  since,  by 
assemblages  called  conventions,  whether  they 
follow  the  public  will  or  not.    In  every  case  the 
elector  has  been  an  instrument,  bound  to  obey  a 
particular  impulsion ;  and  disobedience  to  which 
would  be  attended  with  infamy,  and  with  every 
penalty  which  public  indignation  jouIu  inflict. 
From  the  beginning  these  electors  have  been 
useless,  and  an  inconvenient  intervention  be- 
tween the  people  and  the  object  of  their  choice ; 
and,  in  time,  may  become  dangerous :  and  being 
useless,  inconvenient,  and  subject  to  abuse  and 
danger ;  having  wholly  failed  to  answer  the  pur- 
pose for  which  they  were  instituted  (and  for 
which  purpose  no  one  would  now  contend)  ;  it 
becomes  a  just  conclusion  that  the  institution 
should  be  abolished,  and  the  election  committed 
to  the  direct  vote  of  the  people.    And,  to  obvi- 


ate all  excuse  for  previous  nomin  ition";  by  inter- 
mediate  bodies,  a  second  ektlion    to  be   held 
forthwith  betwien  the  two  hi^rliest  or  leading 
candidates,  if  no  one  had  had  a  majority  of  tho 
whole  number  on  the  tirst  trial.    These  are  not 
new  ideas,  born  of  a  spirit  of  change  and  innova- 
tion ;  but  old  doctrine,  advocated  in  the  conven- 
tion which  framed  the  Constitution,  by  wise  and 
good  men ;  by  Dr.  Franklin  and  others,  of  Penn- 
sylvania; by  John  Dickinson  and  others,  of 
Delaware.     But  the  opinion  prevailed  in  the 
convention,  that  the  mass  of  the  i)eoiilo  would 
not  be  sufliciently  informed,  discreet,  and  tem- 
perate to  exercise  with  advantage  so  great  a 
privilege  as  that  of  choosing  the  chief  magistrate 
of  a  great  republic ;  and  hence  tho  institution  of 
an  •ntermediate  body,  called  the  electoral  col- 
lege— its  members  to  be  chosen  by  the  people — 
and  when  assembled  in  conclave  (I  use  the  word 
in  the  Latin  sense  of  co)i  and  liaris,  imder  key), 
to  select  wlumisoever  they  should  think  proper 
for   President    and   Vice-President.      All   this 
scheme   having  failed,  and  the   people  having 
taken  hold  of  the  election,  it  became  just  and 
regular  to  attempt  to  legalize  their  acquisition 
by  securing  to  them  constitutionally  tho  full 
enjoyment  of  the  rights  which  they  imperfectly 
exercised.     The  feeling  to  this  elTcct  beciime 
strong  as  the  election  of  1824  approachetl,  when 
there  were  many  candidates  in  the  lield,  and 
Congress  caucuses  fallen  into  disrepute ;   and 
several  attempts  were  made  to  obtain  a  consti- 
tutional amendment  to  accomplish  the  purpose. 
Mr.  McDuffie,  in  the  House  of  Representatives, 
and  myself  in  the  Senate,  both  proposed  such 
amendments ;  the  mode  of  taking  the  direct 
votes  to  be  in  districts,  and  the  persons  receiving 
the  greatest  number  of  votes  for  President  or 
Vice-President  in  any  district,  to  count  one  vote 
for  such  office  respectively ;  which  is  nothing  but 
substituting  the  candidates  themselves  for  their 
electoral  representatives,  while  simplifying  tho 
eleci  on,  insuring    its    integrity,   and  securing 
the  rights  of  the  people.     In  support  of  my 
proposition  in  the  Senate,  I  delivered  some  ar- 
guments in  the  form  of  a  speech,  from  which  I 
here  add  some  extracts,  in  the  hope  of  keeping 
the  question  alive,  and  obtaining  for  it  a  better 
success  at  some  future  day. 

"The  evil  of  a  want  of  uniformity  in  the 
choice  of  presidential  electors,  is  not  limited  to 
its  disfiguring  effect  upon  the  face  of  our  gov- 


THIRTY  YEARS'  VIEW. 


»l   '    . 


'•I 


crnmcnt,  but  pocs  to  cnilnnRiT  the  rijjhts  of  the 
pt'oplo,  by  jHTiiiittin^  siidili'ii  iiItonitmiiH  on  the 
eve  of  an  cloction,  luid  to  iiimihiliite  the  right  of 
the  snmll  States,  hy  ennhliiig  the  Inrge  ones  to 
combine,  ami  to  throw  all  their  votes  into  the 
Bcnie  of  a  particular  cnndiilute.     Tl-.se  ohvioii.s 
evils  make  it  certain  that  iiiii/  uiiifurni   nth' 
wouhl   be   preferable   to   the  j)resent  state  of 
things.     But,  in  fixing  on  one,  it  is  the  (hity  of 
statesmen  to  select  that  \viiicl\  is  calculated  to 
ffivo  to  every  portion  of  the  I'nion  its  due  shore 
fei  the  ciioice  of  the  Chief  Magistrate,  and  to 
every  individual  citizen,  a  fair  opiwrtunity  of 
voting  according  to  his  will.     This  would  be 
effected  by  adopting  the   Distrirf  S^sfnii.    It 
would  divide  every  State  into  districts,  equal  to 
the  whole  number  of  votes  to  be  given,  and  the 
pople  of  each  district  would  be  governed  by 
Its  own  majority,  and  not  by  a  majority  existing 
in  some  remote  part  of  the  State.     This  would 
be  agreeable  to  the  rii,'hts  of  individuals :  for,  in 
entering  into  society,  and  submitting  lo  be  boimd 
by  the  decision  of  the  majority,  each  individual 
retained  the  right  of  voting  for  himself  wherever 
it  was  practicable,  and  of  being  governed  by  ft 
majority  of  the  vicinage,  and  not  by  majorities 
brought  from  remote  sections  to  overwhelm  him 
with  their  accumulated  numbers.     It  would  be 
agreeable  to  the  intrretilit  of  all  parts  of  the 
States ;  for  each  State  may  have  ditl'eR'nt  inter- 
ests in  ditferent  parts  ;  one  part  may  be  agricul- 
tural, another  manufacturing,  another  commer- 
cial ;  and  it  would  be  unjust  that  the  strongest 
should  govern,  or  that  two  .should  combine  and 
sacrifice  the  third.     The  district  .system  would 
be  agreeable  to  the  intent ii>ii  of  our  present  con- 
stitution, which,  in  giving  to  each  elector  a  sepa- 
rate vote,  instead  of  giving  to  each  State  a  con- 
solidated vote,   composed   of   all   its    electoral 
suffrages,  clearly  intended  that  each  mass  of 
persons  entitled  to  one  elector,  should  have  the 
right  of  giving  one  vote,  according  to  their  own 
sense  of  their  own  interest. 

"  The  general  ticket  system  now  existing  in  ten 
States,  was  the  ofTspring  of  policy,  and  not  of 
any  disposition  to  give  fair  play  to  the  will  of 
the  people.  It  was  adopted  by  the  leading  men 
of  those  States,  to  enable  them  to  consolidate 
the  vote  of  the  State.  It  would  be  easy  to  prove 
this  by  referring  to  facts  of  historical  notoriety. 
It  contributed  to  give  power  and  consequence  to 
the  leaders  who  manage  the  elections,  but  it  is  a 
departure  from  the  intention  of  the  constitution  ; 
violates  the  rights  of  the  minorities,  and  is  at- 
tended with  many  other  evils.  The  intention  of 
the  constitution  is  violated,  because  it  was  the 
intention  of  that  instrument  to  give  to  each  mass 
of  persons,  entitled  to  one  elector,  the  power  of 
giving  an  electoral  vote  to  any  candidate  they 
preferred.  The  rights  of  minorities  arc  violated, 
because  a  majority  of  one  will  carry  the  vote  of 
the  whole  State.  This  principle  is  the  same, 
whether  the  elector  is  chosen  by  general  ticket 
or  by  legislative  ballot  j  a  majority  of  o)(e,  in 


cither  ca.se,  carries  the  vote  of  the  whole  Slate. 
In  New-York,  tliirty-six  electors  are  chosen ; 
nineteen  is  a  majority,  and  the  candidate  receivin;; 
this  majority  is  fairly  entitled  to  count  nineteen 
votes ;  but  ho  counts  in  reality,  thirty -six  :  be- 
cause the  minority  of  seventeen  are  added  to  tht 
majority.  These  seventeen  votes  belong  to  .seven- 
teen masses  of  people,  of  40,000  souls  each,  in  all 
ti80,000  people,  whose  votes  are  seized  upon, 
taken  away,  and  pn-sented  to  whom  the  nuijority 
pleases.  Extend  the  calculation  to  the  seventeen 
States  now  choosing  electors  by  general  ticket 
or  legislative  ballot,  and  it  will  sliow  that  three 
millions  of  .souks,  a  population  eejual  to  that 
which  carried  us  through  the  Revolution,  may 
have  their  votes  taken  from  them  iu  the  same 
way.  To  liMe  their  votes,  is  the  fate  of  all  mi- 
norities, and  it  is  their  duty  to  submit ;  but  this 
is  not  a  case  of  votes  lout,  but  of  votes  tulan 
awdij,  added  to  tliose  of  the  majority,  and 
given  to  a  person  to  whom  the  minority  was 
ojjposed. 

"  lie  said,  this  objection  (to  the  direct  vote  of 
the  people)  had  a  weight  in  the  year  1787,  to  which 
it  is  not  entitled  in  the  year  1824.  Our  govern- 
ment was  then  young,  schools  and  colleges  weii 
scarce,  political  science  was  then  confined  to  few, 
and  the  means  of  diftusing  intelligence  weiv  both 
inadequate  and  uncertain.  The  exjjeriment  of  a 
popular  government  was  just  beginning;  the 
people  had  been  just  relea.sed  from  subjection  to 
an  hereditary  king,  and  were  not  yet  practised 
in  the  art  of  choo.sing  a  temporary  chief  for 
themselves.  But  thirty-.six  years  have  reversed 
this  picture.  Thirty-six  years,  which  have  \)\o- 
dnced  so  many  womlerful  changes  in  America. 
have  accomplished  the  work  of  many  centuries 
upon  the  intelligence  of  its  inhabitants.  Within 
that  period,  .schools,  collcge-s,  and  universities 
have  multiplied  to  an  amazing  extent.  The 
moans  of  (UfTusing  intelligence  have  been  won- 
derfully augmented  by  the  establishment  of  six 
hundred  newspapers,  and  upwards  of  five  thou- 
sand post-offices.  The  whole  course  of  an  Amer- 
ican's life,  civil,  social,  and  religiou.s,  has  become 
one  continued  scene  of  intellectual  and  of  moral 
improvement.  Once  in  every  week,  more  than 
eleven  thousand  men,  eminent  for  learning  and 
for  piety,  perform  the  double  duty  of  amending 
the  heart.s,  and  enlightening  the  understandings, 
of  more  than  eleven  thousand  congregations  of 
people.  Under  the  benign  influence  of  a  free 
government,  both  our  public  institutions  and  pri- 
vate pursuits,  our  juries,  elections,  courts  of  jus- 
tice, the  liberal  professions,  and  the  mechanic 
arts,  have  each  become  a  school  of  political  sci- 
ence and  of  mental  improvement.  The  federal 
legislature,  in  the  annual  message  of  the  Presi- 
dent, in  reports  from  heads  of  departments,  and 
committees  of  Congress,  and  speeches  of  mem- 
bers, pours  forth  a  flood  of  intelligence  which 
carries  its  waves  to  the  remotest  confines  of  the 
republic.  In  the  different  States,  twenty-four 
State  executives  and  State  legislatures  are  annu- 


ally reJ 
limited  F 
ling,  iinl 
though! 
geiice  o| 
The  facl 
grand  il 
the  hull 
Less  til 
lilwrtyj 
moral  ■ 
power 
rules  til 
gence  tf 
nrefernil 


ANNO  18z4.    JAMEa  MONROE,  I'RKSIDENT. 


39 


the  wliole  Stato. 
ors  are  chosen ; 
indidntp  ri-cciviii;; 
to  count  niiietocii 
y,  tliirty-NJx :  bo- 

aiu  added  to  tlit 
s  belonj;  to  seven- 

Hoiila  oacli,  in  all 
irc  seized  upon. 
Jiorn  the  majority 
1  to  the  seventeen 
by  general  ticket 

show  timt  three 
ti  equal  to  that 
Piovolution,  nuiy 
hem  in  the  siiine 
ic  fate  of  all  nii- 
uhmit ;  but  this 
t  of  votes  tahn 
!  majority,  and 
\o  minority  was 

fio  direct  vote  of 
ur  1787,  to  wliich 
4.    Our  j;overii- 
iid  colleges  weii 
confined  to  few, 
gcnce  wci-e  bolii 
experiment  of  a 
beginning;  the 
)m  sulyection  to 
>t  yet  practised 
lorary  chief  for 
■s  have  reversed 
vhici)  have  pio- 
in  America, 
liny  centuries 
ants.     Within 
universities 
extent.      The 
ave  been  won- 
hment  of  six 
of  five  thou- 
•se  of  an  Amer- 
s,  has  becomi? 
and  of  moral 
■ek,  more  than 
learning  and 
of  amemling 
nderstanding's, 
negations  of 
nee  of  a  free 
itions  and  pri- 
courts  of  jus- 
the  mechanic 
f  political  sci- 
The  federal 
!  of  the  Presi- 
artments,  and 
ches  of  mem- 
igence  which 
onfines  of  tho 
twenty-four 
ires  are  anna- 


tes 
niii 


nd 


lis 


ally  repeating  the  same  j.rocess  within  a  more 
limited  sphere.  The  habit  of  universal  travel- 
ling, and  the  practice  of  imiversal  interchange  of 
thought,  are  contiutuilly  circulating  the  intelli- 
gence of  the  country,  and  augmenting  its  nui.ss. 
The  face  of  our  country  it.self,  its  vast  extent,  its 
grond  and  varied  features,  contribute  to  expand 
the  human  intellect,  and  to  magnify  its  power. 
I,es«  than  half  a  century  of  the  enjoyment  of 
liberty  has  given  practical  evidence  of  the  great 
moral  truth,  that,  under  a  free  government,  the 
iiower  of  the  intellect  is  the  only  power  which 
rules  tlKJ  allairs  of  men ;  and  virtue  and  intelli- 
gence the  only  durable  passports  to  honor  and 
prwTcrment.  The  conviction  of  this  great  truth 
has  created  an  universal  taste  for  learning  and 
for  rewling,  and  luus  convinced  every  parent  that 
tho  endowments  of  the  mind,  and  the  virtues  of 
the  heart,  are  the  only  imperishable,  the  only 
j  inestimable  riches  wliich  ho  can  leave  to  his 
posterity. 

"This  objection  (the  danger  of  tumults  and 
violence  at  the  elections)  is  taken  from  the  his- 
tory of  the  ancient  republics  ;  from  the  tumultu- 
ary elections  of  Rome  and  Greece.  But  the 
justness  of  the  example  is  denied.  There  is  no- 
i  thing  in  the  laws  of  physiology  which  admits  a 
I  parallel  between  the  sanguinary  Koinan,  the 
I  volatile  Greek,  and  the  phlegmatic  American. 
I  There  is  nothing  in  the  stato  of  the  respective 
countries,  or  in  their  manner  of  voting,  wliich 
makes  one  an  exam|)le  for  the  other.  Tli  llo- 
mans  voted  in  a  mass,  at  a  single  voting  place, 
even  when  the  qualified  voters  amounted  to  mil- 
lions of  persons.  They  came  to  tlic  polls  armed, 
and  divided  into  classes,  and  voted,  not  by  heads, 
but  by  centuries.  In  the  Grecian  Kepublics  all 
the  voters  were  brought  together  in  one  great 
city,  and  decided  the  contest  in  one  great  strug- 
gle. In  such  ass  imblagcs,  both  the  inducement 
to  violence,  and  the  means  of  committing  it,  were 
prepared  by  the  government  itself  In  the  Uni- 
ted States  all  this  is  different.  The  voters  are 
assembled  in  small  bodies,  at  innumerable  voting 
places,  distributed  over  a  vast  extent  of  country. 
They  come  to  the  polls  without  arms,  without 
odious  distinctions,  without  any  temptation  to 
violence,  and  with  every  inducement  to  harmonj'. 
If  heated  during  the  day  of  election,  they  cool  off 
upon  returning  to  their  homes,  and  resuming 
their  ordinary  occupations. 

'■  But  let  us  admit  the  truth  of  the  objection. 
Let  us  admit  tliat  the  American  people  would 
be  as  tumultuary  at  their  presidential  elections, 
as  were  the  citizens  of  the  ancient  republics  at 
tho  election  of  their  chief  magistrates.  AVhat 
then?  Arc  we  thence  to  infer  the  inferiority 
of  the  ofHcers  thus  elected,  and  the  consequent 
degradation  of  the  countries  over  which  they 
presided  ?  I  answer  no.  So  far  from  it,  that  I 
assert  the  sujieriority  of  these  ofiicers  over  all 
others  ever  obtained  for  the  same  countries, 
either  by  hercditaiy  succession,  or  the  most  se- 
lect mode  of  election.     I  alDrm  those  periods  of 


history  to  be  the  most  glorious  in  arnu,  tho 
most  renowned  in  arts,  the  most  celebrated  in 
letters,  the  most  useful  in  practice,  and  the  most 
happy  in  the  condition  of  the  jieople.  in  which 
the  whole  boily  of  the  citizens  voted  direct  for 
the  chief  odicer  of  tluir  country.     Take  tho 
liislory  of  that  commonwealth  which  yet  shines 
as  tho  leading  star  in  the  firmament  of  nationn. 
Of  tho  twenty-live  centuries  that  the   Roman 
state  luus  existed  to  what  jieriod  do  wo  look  for 
tho  generals  ami  statesmen,  the  poets  and  ora- 
tors, the  philosophers  and  historians,  the  sculj)- 
tors.  painters,  and  architects,  whoso  immortal 
works  have  fixed  upon  their  country  the  admir- 
ing eyes  of  all  succeeding  ages  ?     Is  it  to  tho 
reigns  of  the  seven  first  kings  ? — to  tho  rtigns 
of  the  emperors,  proclaimed  by  the  pra}torian 
bands  ? — to  the  reigns  of  the  Sovereign  Pontifls, 
chosen  by  a  select  body  of  electors  in  a  conclave 
of  most  holy  cardinals  ?    No — Wo  look  to  none 
of  these,  but  to  that  short  interval  of  four  cen- 
turies and  a  half  which  lies  between  the  expul- 
sion of  tho  Tarquins,  and  tho  ic-establishment 
of  monarchy  in  the  person  of  Octavius  Caesar. 
It  is  to  this  short  period,  during  which  tho  con- 
suls, tribunes,  and  pnetors,  were  a^inuallj'  elected 
by  a  direct  vote  of  the  people,  to  which  wc  look 
ourselves,  and  to  which  wc  direct  tlii'  infant 
minds  of  our  children,  for  all  tho  works  and 
monuments  of   Roman  gn  itness ;    for  roads, 
bridges,  and  aqneducts,  co  structed ;  for  victo- 
ries gained,  nations  vanquiihcd,  commi rcc  ex- 
tended,  treasure    imported,   libraries   founded, 
learning  encouraged,   tho  arts  flourishing,  tho 
city  embellished,  and  tho  kings  of  the  earth 
humbly  suing  to  be  admitted  into  the  friendslrp, 
and  taken  under  tho  protection,  of  tho  Rom,  n 
people.     It  was  of  this  magnificent  period  that 
Cicero  six)ke,  when  he  proclaimed  the  people  of 
Rome  to  bo  the  masters  of  kings,  and  the  con- 
querors and  commanders  of  all  the  nations  of 
tho  earth.    And,  what  is  wonderful,  during  this 
whole  period,  in  a  succession  of  four  hundred 
and  fifty  annual  elections,  tho  people  never  onco 
preferred  a  citizen  to  the  consulship  who  did  not 
carry  the  prosperity  and  the  glory  of  the  Re- 
public to  a  point  beyond  that  at  which  he  had 
found  it. 

'•It  is  the  same  with  the  Grecian  Republics. 
Thirty  centuries  have  elapsed  since  they  were 
founded ;  yet  it  is  to  an  ephemeral  period  of  one 
hundred  and  fifty  years  only,  the  period  of  popu- 
lar elections  which  intervened  between  the  dis- 
persion of  a  cloud  of  petty  tyrants,  and  tho 
coming  of  a  great  one  in  the  person  of  Philip, 
king  of  Macedon,  that  we  are  to  look  for  that 
galaxy  of  names  which  shed  so  much  lustre  upon 
their  country,  and  in  which  we  are  to  find  tho 
first  cause  of  that  intense  sympathy  which  now 
burns  in  our  bosoms  at  the  name  of  Greece. 

'"  These  short  and  brilliant  periods  exhibit  the 
great  tiiumph  of  popular  elections;  often  tu- 
multuary, often  stained  with  blood,  but  always 
ending  gloriously  for  the  country.    Then  the 


40 


TIIIRTV  YEARS'  VIi:W. 


A 


I      i' 


r'^ht  of  ,suffrii!:;e  was  cnjojctl ;  the  sovereignty 
of  tl.^  people  was  no  fiction.  Then  a  sub'iine 
spectacit  was  seen,  when  the  Roman  citizen 
advanced  to  'he  polls  and  proclaimed :  '  /  cole 
for  Onto  to  i  e  Consul ; '  the  Athenian.  '  /  vote 
for  Aristides  to  be  Archon  ; '  the  Thcbnn,  '  / 
vote  for  Pelopidaa  to  he  Beentrach;^  the  Lace- 
demonian, '  /  vote  for  Leoniilaa  to  bn  fird  of 
the  Ephori.'  And  why  may  not  an  American 
citizen  do  the  same  ?  Why  may  not  he  go  np 
to  the  poll  and  i.roclaim,  '  /  ro/<! /or  Tlioaian 
Jefferson  to  be  President  of  the  United  States?^ 
Why  is  he  compelled  to  put  his  vote  in  tl.e  hands 
of  another,  and  to  incur  all  the  hazards  of  an 
irresponsible  agency,  wlien  he  himself  could  im- 
mediately give  his  own  vote  for  his  own  chosen 
candidate,  without  the  slightest  assistance  from 
agents  or  managci-s  ? 

"  But,  said  Mr.  Benton,  I  hare  other  objec- 
tions to  th'!,se  intermediate  electors.  They  are 
the  i)eculiar  and  favorite  institution  of  aristocrat!  ■ 
republics,  and  elective  monarchies.  I  refer  the 
Senate  to  the  late  republics  of  Venice  and  Genoa ; 
of  Franco,  and  her  litter;  to  the  kingdom  of 
Poland ;  the  empire  of  Germany,  and  the  Pon- 
tificate of  Home.  On  the  contrary,  a  direct 
vote  by  the  p!topIc  is  the  pecilinr  and  favorite 
institution  of  democratic  republics ;  up  we  have 
just  seen  in  the  governments  of  Rome,  Athens, 
Thebes,  and  Sparta ;  to  which  may  be  added  the 
principal  cities  of  the  Amphyctionic  and  Achaian 
leagues,  and  the  renowned  republic  of  Cartlngc 
wlien  the  rival  of  liome. 

"I  have  now  answered  the  objections  which 
were  brought  forward  in  the  year  '87.  1  ask 
for  no  judgment  upon  their  validity  at  that  day. 
but  I  affirm  them  to  be  without  force  or  reason 
In  the  year  1824.  Timk  and  experiknck  have 
fio  decided.  Ye.s,  time  and  experience,  the  only 
ir.fiillible  tests  of  good  or  bad  institutions,  havi- 
now  shewn  that  the  continuance  of  the  electoral 
.system  will  be  both  useless  and  dangerous  to 
the  liberties  of  the  people,  and  that  'the  onli/ 
effectual  mode  of  preserving  our  frovernnient 
from  the  comiptions  which  have  underiiiined 
the  liberty  of  so  mauij  nations,  is,  to  confide 
the  election  of  our  chief  ifngislrale  to  t,'io;v 
who  are  farthest  remore.d  from  the  infitence 
of  his  patronage ;^*  that  is  to  say,   ro  thi; 

WHOLE  BODV  OF  A.MKRICAN  CITIZKNS  ! 

*'  The  electors  are  not  independent ;  tliey 
have  no  superior  intelligence ;  they  are  not  left 
to  their  own  judgment  in  the  choice  of  President ; 
they  are  not  above  the  control  of  the  people ;  on 
the  contrary,  every  elector  is  pledged,  before  he 
is  chosen,  to  give  his  vote  according  to  the  will 
of  those  who  choose  him.  He  is  nothing  but  an 
agent,  tied  down  to  the  execution  of  a  precise 
trust.  Every  rea.son  which  induced  the  conven- 
tion to  institute  electors  has  failed.  They  are 
uo  longer  of  any  use,  and  may  be  dangerous  to 

•  Report  of  n  CorniiiiUce  of  tha  Ilouse  of  Eeprcscutatlves 
4>D  Mr.  McDutUo's  pr»i)osition. 


the  liberties  of  the  people.  They  arc  not  u.seful, 
because  they  have  no  power  over  their  own  vote, 
and  because  liie  people  can  vote  for  a  President 
as  easily  as  they  can  vote  for  an  elector.  They 
are  dangerous  to  the  liberties  of  the  people,  be- 
cause, in  Ihcfrst  place,  they  introduce  extrane- 
ous considerations  into  the  election  of  President ; 
ard,  in  thf!  second  place,  they  may  sell  the  vote 
which  is  intrusted  to  their  keeping.  They  in- 
troduce extraneous  considerations,  by  bringing 
their  own  character  and  their  own  exertions 
into  the  presidential  canvass.  Every  one  sees 
this.  Candidates  ior  electors  are  now  .selected, 
not  for  tlie  reasons  mentioned  in  the  Federalist, 
but  for  their  devotion  to  a  particular  party,  for 
their  uin]nier.s,  and  their  talent  at  electioneering. 
The  cloclor  may  betray  the  liberties  of  the  peo- 
ple, by  selling  his  vote.  The  operation  is  easy, 
because  he  votes  by  ballot ;  detection  is  impos- 
sible, because  lie  does  not  sign  his  vote;  the 
restraint  is  nothing  but  his  own  conscience,  for 
there  is  no  legal  punishment  for  his  breach  of 
trust.  If  a  sv,  indler  defrauds  you  out  of  a  few 
dollars  in  property  or  money,  he  is  whipped  and 
pilloried,  &nu  rendered  infamous  in  the  eye  of 
the  law ,  but,  if  <-.n  elector  should  defraud  40,000 
peo)  lo  of  their  vote,  there  is  no  remedy  but  to 
abuse  him  in  the  newspapers,  where  the  best 
men  in  the  country  may  be  abused,  as  much  as 
Benedict  Arnold,  or  Judas  Iscariot.  Every 
reason  for  instituting  electors  has  failed,  and 
every  consideration  of  prudence  requires  them 
to  be  discontinued.  They  are  nothing  but 
agents,  in  a  case  which  requires  no  agent ;  and 
no  prudent  man  would,  or  ought,  to  employ  an 
ageui  to  take  care  of  his  money,  his  property, 
:)V  his  libcity,  when  he  is  equally  capable  to 
t.n' i^  ?are  of  them  himself. 

'•  r.i:t.  if  the  plan  of  the  constitution  had  not 
failed — if  we  were  now  deriv  ng  from  electors 
;\11  the  advantages  exjiected  from  their  institu- 
tion— I.  for  one,  said  Jlr.  B.,  woidd  still  be  in 
Aivor  of  gettinji  rid  of  them.  I  should  esteem 
the  incorruptibility  of  the  people,  their  disintc- 
re.aed  desire  to  get  the  best  man  for  P."esident, 
to  be  more  than  a  <jounterpoi.sc  to  all  the  advan- 
tages which  niii^hr.  be  derived  from  the  superior 
intelligenee  of  a  more  enlightened,  btit  smaller, 
and  therefore,  more  corruptible  body.  I  should 
be  ojijwsed  to  tlie  intervention  of  electors,  be- 
cause the  double  i)rocess  of  electing  a  man  to 
elect  a  man,  would  paralyze  the  spirit  of  the 
people,  and  destroy  the  life  of  the  election  itself. 
Doubtle.ss  this  machinery  was  introduced  into 
our  constitution  for  the  purpose  of  softening  the 
action  of  the  democratic  element;  but  it  al.so 
softens  the  interest  of  the  people  in  the  result 
of  the  election  itself.  It  places  them  at  too 
great  a  distance  from,  their  first  scivant.  It  in- 
terposes a  body  of  men  between  the  people  and 
the  object  of  their  choice,  and  gives  a  false  di- 
rection to  the  gratitude  of  the  President  elected. 
He  feels  himself  indebted  to  the  electors  who 
collected  the  votes  of  the  people,  and  not  to  the 


peoi)l| 
enabll 
it  will 
into 
the  h\ 
been 

provel 
'If 


ANNO  1824.    JAMES  MONROE,  PRESIDENT. 


41 


riicy  arc  not  useful, 
over  their  own  vote, 
vote  for  a  President 
r  an  elector.    They 
s  of  the  people,  be- 
'  introduce  extrane- 
ection  of  President ; 
J^  may  sell  the  rote 
keeping.    They  in- 
itions,  by  bringing 
icir  own  exertions 
i.    Every  one  sees 
s  are  now  selected, 
i  in  the  Federalist, 
irticular  party,  for 
it  at  electioneering, 
berties  of  the  pco- 
!  operation  is  easy, 
letection  is  impos- 
iign  his  vote;  the 
wn  conscience,  for 
for  his  breach  of 
i  you  out  of  a  few 
he  is  whipped  and 
)us  in  the  eye  of 
aid  defraud  40,000 
no  remedy  but  to 
s,  where  the  best 
)used,  as  much  as 
Iscariot.      Every 
3  has  failed,  and 
ce  requires  them 
»re  nothinpr    but 
;s  no  agent ;  and 
jht,  to  employ  an 
cy,  his  pioperty. 
lally  capable  to 

ititution  had  not 
ig  from  electors 
>m  their  iustitu- 
ould  still  be  in 
[  should  esteem 
lie.  tlair  disintc- 
n  for  P."esi(lent, 
0  all  tbe  advan- 
om  the  superior 
?(1,  but  smaller, 
l>ody.    r  should 
of  electors,  be- 
cting  a  man  to 
le  sj.irit  of  the 
0  election  its(>lf. 
introduced  into 
of  softening  tiie 
it;  but  it  also 
le  in  the  result 
s  them  at  too 
icrvant.    It  in- 
the  people  anil 
'ives  a  false  di- 
ssident elected. 
!  electors  who 
and  not  to  tho 


people,  who  gave  their  votes  to  the  electors.  It 
enables  .  few  men  to  govern  many,  and,  in  time, 
it  will  transfer  t)ie  whole  power  of  the  election 
into  the  hauda  of  a  few,  leaving  to  the  people 
the  humble  occupation  of  confirming  what  has 
been  done  by  superior  authority. 

"  Mr  Benton  referret'  to  historical  examples  to 
prove  the  correctness  of  bis  opinion. 

'•  He  mentioned  the  constitution  of  the  French 
Rcpiiblic,  of  the  year  III.  of  French  liberty. 
Tlie  people  to  choose  electors ;  those  to  choo.se 
the  Councils  of  Five  Hundred,  and  of  Ancients  ; 
and  these,  by  a  further  process  of  filtration,  to 
choose  the  Five  Directors.  The  effect  was,  that 
the  people  had  no  concern  in  the  election  of 
their  Chief  Magistrates,  and  felt  no  interest  in 
their  fate.  They  saw  them  enter  and  expel 
each  other  from  the  political  theatre,  with  the 
same  indifference  with  which  they  would  see 
the  entrance  and  the  exit  of  so  many  players  on 
the  stage.  It  wps  the  same  thing  in  all  the  subal- 
tern Republics  of  which  the  French  armies  were 
delivered,  while  overturning  the  thrones  of  Eu- 
rope. The  constitutions  of  the  Ligurian,  Cisal- 
pine, and  Parthenopian  Republics,  were  all 
duplicates  of  the  mother  institution,  at  Paris ; 
and  all  shared  the  same  fate.  The  French  con- 
sular constitution  of  the  year  VIII.  (the  last 
year  of  French  liberty)  preserved  all  the  vices 
of  the  electoral  system ;  and  from  this  fact, 
alone,  that  profound  observer,  Nkckar,  from 
the  bo.som  of  his  retreat,  in  the  midst  of  the 
Alps,  predicted  and  proclaimed  the  death  of 
Liberty  in  France.  He  wrote  a  book  to  prove 
that  'Liberty  would  be  ruined  bv  providing 

•.NV  KIND  OF  SUBSTITUTE  FOR  l'0FtJj.AR  ELEC- 
TIONS : '  and  the  result  verified  his  prediction  in 
four  years." 


CHAPTER    XVI. 

INTERNAL  TRADE  "^VITII  NEW  MEXICO. 

The  name  of  Mexico,  the  synonyme  of  gold  and 
silver  mines  posser,sed  always  an  invincible 
?hann  for  the  people  of  the  western  States. 
Guarded  from  intrusion  by  Spanish  jealousy 
and  despotic  power,  and  imprisonment  for  life, 
or  labor  in  the  mines,  the  inexorable  penalty  for 
every  attempt  to  penetrate  the  forbidden  coun- 
try, still  the  dazzled  imaginations  and  daring 
spirits  of  the  Groat  West  adventured  upon  the 
enterprise;  and  failure  and  misfortune,  chains 
and  labor,  were  not  sufficient  to  intimidate 
others.     The  journal  of  (the  then  lieutenant, 


afterwards)  General  Pike  inflamed  this  spirit, 
and  induced  new  adventurers  to  hazard  the  en- 
terj)rise,  only  i    meet  the  fate  of  their  predeces- 
sors.    It  was  not  until  the  Independence  of 
Mexico,  in  the  yeav  1821  that  the  frontiers  of 
this  vast  and  hitherto  staled  up  country,  were 
thrown  open  to  foreign  ingress,  and  trade  and 
intercourse  allowed  ta  take  their  course.    The 
State  of  Missouri,  from  her  geographical  posi- 
tion, and  ihoi  adventurous  spirit  of  her  inhabit- 
ants, was  among  the  first  to  engage  in  it ;  and 
the  "Westert  Internal  Provinces" — the  vast 
region  comprehending  New  Mexico,  El  Paso  del 
Norte,  New  Bi.scay,  Chihuahua,  Sonora,  Sinaloa, 
and  all  the  w  ide  slope  spreading  down  towards 
the  Gulf  of  California,  the  ancient  "  Sea  of  Cor- 
tcz" — was  tho  remote  theatre  of  their  cour- 
ageous enterpri-se — the  further  off  and  the  less 
known,  so  much  the  more  attractive  to  their 
daring  spirits.    It  was  the  work  of  individual 
enterprise,  without  the  protection    or  counte- 
ance  of  the  government — without  even  its  know- 
ledge— and  exposed  to  constant  danger  of  life 
and  property  from  the  untamed  and  predatory 
savages,  Arabs  of  the  Nevv^  World,  which  roam- 
ed over  the  intermediate  country  of  a  thousand 
miles,  and  considered  tho  merchant  and    his 
goods  their  lawful  prey.    In  three  years  it  had 
grown  up  to  be  a  new  and  regular  branch  of  in- 
terior corumerce,  profitable  to  those  engaged  in 
it,  valuable  to  the  country  from  the  articles  it 
carried  out,  and  for  the  silver,  the  furs,  and  the 
mules  wlilch  it  brought  back ;  and  well  entitled 
to  the  protection  and  care  of  the  government. 
That  protection  was  sought,  and  in  the  form 
which  the  character  of  the   trade  reciuired — a 
right  of  way  thiough  the  countries  of  the  tribes 
between    Missouri  and  New   ^lexico,  a    road 
marked  out  and  security  in  travelling  it,  stipula- 
tions for  good  behavior  from  the  Indians,  and  a 
con.'ular  establishment  in  the  provinces  to  bo 
traded  with.    The  consuls  could  be  appointed 
by  the  order  of  the  government ;  but  .he  road, 
the  treaty  stipulations,  and  the  substantial  pro- 
tection against  savages,  required  the  aid  of  the 
federal  legislative  power,  and  for  that  purpose  a 
Bill  VMS  brought  into  the  Senate  by  me  in  tho 
session  of    1824-25 ;  and  being  a  novel    and 
strange  subject,  and  asking  for  extraordinary 
legislation,  it  became  necessary  to  lay  a  foun- 
dation of  facts,  and  to  furnish  a  reason  and  an 
argument  for  every  thing  that  was  asked.    I 


42 


TnixlTY  YEARS'  VIEW. 


'llll^  ill 

ill; 


produced  a  statement  from  those  engaged  in  the 
trade,  among  otliers  from  Mr.  Augustus  Storrs, 
late  of  New  Hampshire,  then  of  Missouri — a 
gentleman  of  character  and  intelligence,  very- 
capable  of  relating  things  as  they  were,  and  in- 
capable of  relating  them  otherwise;  and  who 
had  been  persona'.  -gaged  in  the  trade.  In 
presenting  his  statement,  and  moving  to  have  it 
printed  for  the  use  of  the  Senate,  I  said : 

"  This  gentleman  had  been  one  of  a  caravan  of 
eighty  persons,  one  hundred  and  fifty-six  horses, 
and  twenty-three  wiigons  and  carriages,  which 
had  made  the  expedition  from  Missouri  to  Santa 
Fo  (of  New  Mexico),  in  the  months  of  May 
and  Juno  last.     Ilis  account  was  full  of  interest 
and  novelty.    It  sounded  like  romance  to  hear 
of  caravans  of  men,  horses,  and  wagons,  travers- 
ing with  their  merchandise  the  vast  plain  which 
lies  between  the  Mississippi  and  the  Hio  del 
Norte.  The  story  seemed  better  adapted  to  Asia 
than  to  North  America.    But,  romantic  as  it 
might  seem,  the  reality  had  already  exceeded  the 
visions  of  the  wilflest  imagination.    The  journey 
to  Now  Mexico,  but  lately  deemed  a  chimerical 
project,  had  become  an  affair  of  ordinary  occur- 
rence.   Santa  Fe,  but  lately  the  Ultima  Thnlc 
of  American  enterprise,  was  now  considered  as 
a  stage  only  in  the  progress,  or  rather,  a  new 
point  of   departure  to  our  invincible  citizens. 
Instead  of  turning  back  from  that  point,  the 
caravans  broke  up  there,  and  the  subdivisions 
branched  off  in  different  directions  in  search  of 
new  thojitres  for  their  enterprise.    Some  pro- 
ceeded down  the  river  to  the  Paso  del  Norte ; 
some  to  the  mines  of  Chihuahua  and  Durango, 
in  the  pi  ovince  of  New  Biscay ;  some  to  Sonora 
and  Sinaloa,  on  the  Gulf  of  California;  and 
some,  seeking  new  lines  of  communication  with 
the  Pacific,  had  undertaken  to  descend  the  west- 
ern slope  of  our  continent,  througli  the  unex- 
plored regions  of  the  Colorado.    The  fruit  of 
these  enterprises,  for  the  present  year,  amounted 
to  $190,000  in  gold  and  silver  bullion,  and  coin, 
and  prcciou^  furs ;  a  sum  considerable,  in  itself, 
in  the  commerce  of  an  infant  State,  but  chiefly 
deserving  a  statesman's  notice,  as  an  earnest  of 
what  might  be  expected  from  a  regulated  and 
protected  trade.     The  principal  article  given  in 
exchange,  is  that  of  which  we  have  the  greatest 
abundance,  md  which  lias  the  peculiar  advantage 
of  making  ti:e  circuit  of  the  Union  before  it 
departs  from  tha  territories  of  the  republic — 
cotton— which  grows  in  the  South,  is  manu- 
factured in  the  North,  and  exported  from  the 
West. 

"That  the  trade  will  be  beneficial  to  the 
inhabitants  of  the  Internal  Provinces,  is  a  pro- 
position too  plain  to  be  argued.  Tliey  are  a 
people  among  whom  all  the  arts  are  lost— the 
ample  catalogue  of  whose  wants  may  be  inferred 
from  the  lamentable  details  of  Mr.  Storrs.    No 


books !  no  newspapers !  iron  a  dollar  a  pound ! 
cultivating  the  earth  with  wooden  tools!  and 
spinning  upon  a  stick !  Such  is  the  picture  of  a 
people  whose  fathers  wore  the  proud  title  of 
•'  Conquerors  ;  "  whose  ancestors,  in  the  time  of 
Charles  the  Fifth,  were  the  pride,  the  terror,  and 
the  model  of  Europe ;  and  such  has  been  the 
power  of  civil  and  religious  despotism  in  accom- 
plishing the  degradation  of  the  human  species ! 
To  a  people  thus  abased,  and  so  lately  arrived 
at  the  possession  of  their  liberties,  a  supply  of 
merchandise,  upon  the  cheapest  terms,  is  the 
least  of  the  benefits  to  be  derived  from  a  com- 
merce with  the  people  of  the  United  States.  The 
consolidation  of  their  republican  institutions, 
the  imjjrovement  of  their  moral  and  social  con- 
dition, the  restoration  of  their  lost  arts,  and  the 
development  of  their  nationa)  resources,  are 
among  the  grand  results  whJjh  philanthropy 
anticipates  from  such  a  commerce. 

"  To  the  Indians  themselvos,  the  opening  of  a 
road  through  their  country  is  an  object  of  vital 
importance.  It  is  connected  with  the  preserva- 
tion and  improvement  of  their  race.  For  two 
hundred  yenrs  the  problem  of  Indian  civilization 
has  been  successively  presented  to  each  genera- 
tion of  the  Americans,  and  solved  by  each  in  the 
same  way.  Schools  have  been  set  up,  colleges 
founded,  and  missions  established ;  a  wonderful 
success  has  attended  the  commencement  of  every 
undertaking ;  and,  after  some  time,  the  schools, 
the  colleges,  the  missions,  and  the  Indians,  have 
all  disappeared  together.  In  the  .south  alone 
have  we  seen  an  exception.  There  the  nations 
have  preserved  themselves,  and  have  made  a 
cheering  proguss  in  the  arts  of  civilization. 
Their  advance  is  the  work  of  twenty  years.  It 
dates  its  commencement  from  the  opening  of 
roads  through  their  country.  Roads  induced 
separate  families  to  settle  at  the  crossing  of 
fivers,  to  establish  themselves  at  the  best  springs 
and  tracts  of  land,  and  to  begin  to  sell  grain 
and  provisions  to  the  travellers,  whom,  a  few 
j'cars  before,  they  would  kill  and  plunder.  This 
imparted  the  idea  of  exclusive  property  in  the 
soil,  and  created  an  attachment  for  a  fixed  resi- 


dence. Gradually,  fields  were  opened,  houses 
built,  orchards  planted,  flocks  and  herds  acquired, 
and  slaves  bought.  The  acquisition  of  these 
comforts,  relieving  the  body  from  the  torturing 
wants  of  cold  and  hunger,  placed  the  mind  in  a 
condition  to  pursue  its  improvement. — This,  Mr. 
President,  is  the  true  secret  of  the  happy  ad 
vanco  which  the  southern  tribes  have  made  in 
acquiring  the  arts  of  civilization ;  this  has  fitted 
them  for  the  reception  of  schools  and  missions ; 
and  doubtless,  the  same  cause  will  produce  the 
same  efi'ects  among  the  tribes  beyond,  which  it 
ha-s  produced  among  the  tribes  on  this  sidn  of 
the  Mississippi. 

"  The  right  of  way  is  indispensable,  and  the 
committee  have  begun  with  directing  a  bill  to  be 
reported  for  that  purpo.se.  Happily,  there  are 
no  constitutional  objections  to  it.    State  rights 


I 


are  m 
plated  \ 
the  jurj 
a  courtl 
begins  [ 
and  ruj 
far  awd 
the  Inl 
Btatutel 
againsti 
an  act" 
yet  nai 
of  the 
make  rl 
the  intj 
foreign  I 
tional  cl 


1 


»  i 


ANNO  1824.    JAMES  MONROE,  PRESmENT. 


43 


are  in  no  danp^er !  The  road  which  is  contem- 
plated will  trespass  upon  the  soil,  or  infringe  upon 
the  jurisdijtion  of  no  State  whatsoever.  It  runs 
a  course  and  a  distance  to  avoid  all  that ;  for  it 
begins  upon  the  outside  line  of  tlie  outside  State, 
and  runs  directly  oif  towards  the  setting  sun — 
far  away  from  all  the  States.  The  Congress  and 
the  Indians  are  alone  to  be  consulted,  and  the 
statute  book  is  full  of  precedents.  Protesting 
against  the  necessity  of  producing  precedents  for 
an  act  in  itself  pregnant  with  propriety,  I  will 
yet  name  a  few  in  order  to  illustrate  the  policy 
of  the  government,  and  show  its  readiness  to 
make  roads  through  Indian  countries  to  facilitate 
the  intercourse  of  its  citizens,  and  even  upon 
foreign  territory  to  promote  commerce  and  na- 
tional coDLmunications." 

Precedents  were  then  shown.  1.  A  road  from 
Nashville,  Tennessee,  through  the  Chicasaw  and 
Choctaw  tribes,  to  Natchez,  180G;  2,  a  road 
through  the  Creek  nations,  from  Athens,  in 
Georgia,  to  the  31st  degree  of  north  latitude,  in 
the  direction  to  New  Orleans,  1806,  and  con- 
tinued by  act  of  1807,  with  the  consent  of  the 
Spaniiih  government,  through  the  then  Spanish 
territory  of  West  Florida  to  New  Orleans; 
3,  three  roads  through  the  Cherokee  nation,  to 
open  an  intercourse  between  Georgia,  Tennessee, 
and  the  lower  Mississippi ;  and  more  than  twenty 
others  upon  the  territory  of  the  United  States. 
But  the  precedent  chiefly  relied  upon  was  that 
from  Athens  through  the  Creek  Indian  territory 
and  the  Spanish  dominions  to  New  Orleans.  It 
was  up  to  the  exigency  of  the  occasion  in  every 
particular — being  both  upon  Indian  territory 
within  our  dominions,  and  upon  foreign  territory 
beyond  them.  The  road  I  wanted  fell  within 
the  terms  of  both  these  qualifications.  It  was 
to  pass  through  tribes  within  our  own  territory, 
until  it  reached  the  Arkansas  River:  there  it 
mp*^  the  foreign  boundary  established  by  the 
treaty  of  1819,  which  gave  away,  not  only 
Texas,  but  half  the  Arkansas  besides ;  and  the 
bill  which  I  brought  in  provided  for  continuing 
the  road,  with  the  assent  of  Mexico,  from  this 
boundary  to  Santa  Fe,  on  the  Upper  del  Norte. 
I  deemed  it  fair  to  give  additional  emphasis  to 
this  precedent,  by  showing  that  I  had  it  from 
Mr.  Jefferson,  and  said : 

"  For  a  knowledge  of  this  precedent,  I  am  in- 
debted to  a  conversation  with  Mr.  Jcflcrson 
himself.  In  a  late  excursion  to  Virginia,  I 
availed  myself  of  a  broken  day  to  call  and  pay 
my  respects  to  that  patriarchal  statesman.  The 
individual  must  manage  badly,  Mr.  President, 


who  can  find  himself  in  the  presence  of  that 
great  man,  and  retire  from  it  without  bringing 
off  .some  fact,  or  some  maxim,  of  eminent  utility 
to  the  human  race.    I  trust  that  I  did  not  so 
manage.     I  trust  that,  in  bringing  off  a  fact 
which  led  to  the  discovery  of  the  precedent, 
which  is  to  remove  the  only  serious  objection  to 
the  road  in  question,  I  have  done  a  service,  if  hot 
to  the  human  family,  at  least  to  the  citizens  of 
the  two  greatest  Republics  in  the  worhi.    It 
was  on  the  evening  of  Christmas  day  that  I 
called  upon  Mr.  Jefferson.    Tne  conversation, 
among  other  things,  turned  upon  roads.      He 
spoke  of  one  from  Georgia  to  New  OrlcanSj 
made  during  the  last  term  of  his  own  adminis- 
tration.   He  said  there  was  a  manu.script  map 
of  it  in  the  library  of  Congress  (formerly  his 
own),  bound  up  in  a  certain  volume  of  maps, 
which  he  described  to  me.    On  my  return  to 
Washington,  I  searched  the  statute  book,  and  I 
found  the  acts  which  authorized  the  road  to  be 
made :  they  are  the  same  which  I  have  just  read 
to  the  Senate.     I  searched  the  Congress  Library, 
and  I  found  the  volume  of  maps  which  he  had 
described;   and  here  it   is  (piesenting  a  huge 
folio),  and  there  is  the  map  of  the  road  fiom 
Georgia  to  New  Orleans,  more  than  two  hun- 
dred miles  of  which,  marked  in  blue  ink,  is 
traced  through  the  then  dominions  of  the  King 
r)f  Spain!" 

The  foreign  part  of  the  road  was  the  difliculty, 
and  was  not  entirely  covered  by  the  precedent. 
That  was  a  road  to  our  own  city,  and  no  other 
direct  territorial  way  from  the  Southern  States 
than  through  the  Spanish  province  of  West 
Florida:  this  was  a  road  to  be,  not  only  on 
foreign  territory,  but  to  go  to  a  foreign  country. 
Some    Senators,  favorable    to    the    bill,  were 
startled  at  it,  and  Mr.  Lloyd,  of  Massachusetts, 
moved   to  strike   out  the  part  of  the  section 
which  provided  for  this  ex-territorial  national 
highway ;  but  not  in  a  spirit  of  hostility  to  tho 
bill  itself  providing  for  protection  to  a  branch 
of  commerce.      Mr.  Lowrie,  of  Pennsylvania, 
could  not  admit  the  force  of  the  objection,  and 
held  it  to  be  only  a  modification  of  what  was 
now  done  for  the  protection  of  commerce — the 
substitution  of  land  for  water ;  and  instanced  the 
sums  annually  spent  in  maintaining  a  fleet  in 
the  Mediterranean  Sea,  and  in  the  most  remote 
oceans  for  the  same  purpose.    Mr.  Van  Burcn, 
thought  the  government  was  bound  to  extend 
the  same  protection  to  this  branch  of  trade  as 
to  any  other;  and  the  road  upon  the  foreign 
territory  was  only  to  be  marked  out,  not  made. 
Mr.  Macon  thought  the  question  no  great  mat- 
ter. Formerly  Indian  traderd  followed  "  traces : " 


44 


THIRTY  YEARS'  VIEW. 


i  '1 


i 


now  thoy  must  have  roads.  lie  did  not  care 
for  precedents :  they  arc  generally  good  or  bad 
as  they  suit  or  croiis  our  purposes.  The  case 
of  the  road  made  by  Mr.  Jefferson  was  diflcrent. 
That  road  was  made  among  Indians  ccmpara- 
tively  civilized,  and  who  had  some  notions  of 
property.  But  the  proposed  road  now  to  be 
marked  out  would  pass  through  wild  tribes  who 
think  of  nothing  but  killing  and  robbing  a  white 
man  the  moment  they  see  him,  and  would  not 
be  restrained  by  treaty  obligations  even  if  they 
entered  into  them.  Col.  Johnson,  of  Kentucky, 
had  never  hesitated  to  vote  the  money  which 
was  necessary  to  protect  the  lives  or  property 
of  our  sea-faring  men,  or  for  Atlantic  fortifica- 
tions, or  to  suppress  piracies.  We  had,  at  this 
session  voted  $500,000  to  suppress  piracy  in  the 
West  Indies.  We  build  ships  of  war,  erect  light- 
houses, spend  annual  millions  for  the  protection 
of  ocean  commerce ;  and  he  could  not  suppose 
that  the  sum  proposed  in  this  bill  for  the  protec- 
tion of  an  inland  branch  of  trade  so  valuable  to 
the  West  could  be  denied.  Mr.  Kelly,  of  Ala- 
bama, said  the  great  object  of  the  bill  was  to 
cherish  and  foster  a  branch  of  commerce  already 
in  v^xistence.  It  is  carried  on  by  land  through 
several  Indian  tribes.  To  be  safe,  a  road  must  be 
had— a  right  of  way — "  a  tracc,^^  if  you  please. 
To  answer  its  purjjose,  this  road,  or  "trace" 
must  pass  the  boundary  of  the  United  States, 
and  extend  several  hundred  miles  through  the 
wilderness  country,  in  the  Mexican  Republic  to 
the  settlements  with  which  the  traffic  must  be 
carried  on.  It  may  be  well  to  remember  that  the 
^Mexican  government  it'  in  the  germ  of  its  exist- 
ence, struggling  with  difficulties  that  wc  have 
long  since  surmounted,  and  may  not  feel  it  con- 
venient to  make  the  road,  and  that  it  is  enough  to 
permit  us  to  mark  it  out  upon  her  soil ;  which  is 
all  that  this  bill  proposes  to  do  within  her  limits. 
Mr.  Smith,  of  Alaryland,  would  vote  for  the 
Mil.  The  only  question  with  him  was,  whether 
commerce  could  be  carried  on  to  advantage  on 
the  proposed  route ;  and,  being  satisfied  that 
it  could  be,  he  should  vote  for  the  bill.  Mr. 
Brown,  of  Ohio  (Ethan  A.),  was  very  glad  to 
hear  such  sentiments  from  the  Senator  from 
Maryland,  and  hoped  that  a  reciprocal  good 
feeling  would  always  prevail  between  different 
sections  of  the  Union.  He  thought  there  could 
be  no  objection  to  the  bill,  and  approved  the 
policy  of  getting  the  road  upon  Mexican  territory 


with  the  consent  of  the  Mexican  government. 
The  bill  passed  the  Senate  by  a  large  vote— 30 
to  12 ;  and  these  are  the  names  of  the  Senators 
voting  for  and  against  it : 

Yeas. — Messrs.  Barton,  Benton,  Bouligny, 
Brown,  D' Wolf,  Eaton,  Edwards,  Elliott,  Holmes 
of  Miss.,  Jackson  (the  General),  Johnson  of 
Kentucky,  Johnston  of  Lou.,  Kelly,  Knight, 
Lanman,  Lloyd  of  Mass.,  Lowric,  Mcllvaine, 
McLean,  Noble,  Palmer,  Parrott,  Buggies,  Sey- 
mour, Smith,  Talbot,  Taylor,  Thomas,  Van 
Buren,  Van  Dyke— 30. 

Nays. — Messrs.  Branch,  Chandler,  Clayton, 
Cobb,  Gaillard,  Hayne,  Holmes  of  Maine,  King 
of  Ala.,  King  of  N.  Y.,  Macon,  Tazewell,  Wil- 
liams— 12. 

It  passed  the  House  of  Representatives  by  a 
majority  of  thirty — received  the  approving  sig- 
nature of  Mr.  Monroe,  among  the  last  acts  of 
his  public  life — was  carried  into  effect  by  his 
successor,  Mr.  John  Quincy  Adams — and  this 
road  has  remained  a  thoroughfare  of  commerce 
between  Missouri  and  New  Mexico,  and  all  the 
western  internal  provinces  ever  since. 


Reprcse 


CHAPTER    XVII. 

PRESIDENTIAL  AND  VICE-PRESIDENTIAL  ELEC- 
TION IN  THE  ELECTORAL  COLLEGES. 

Four  candidates  were  before  the  people  for  the 
office  of  President— General  Jackson,  Mr.  John 
Quincy  Adams,  Mr.  William  II.  Crawford,  and 
Mr.  Henry  Clay.  Mr.  Crawford  had  been  nom- 
inated in  a  caucus  of  democratic  members  of 
Congress ;  I  t  being  a  minority  of  the  members, 
and  the  nomination  not  in  accordance  with  pub- 
lic opinion,  it  carried  no  authority  along  with  it, 
and  was  of  no  service  to  the  object  of  its  choice. 
General  Jackson  was  the  candidate  of  the  peo- 
ple, brought  forward  by  the  masses.  Mr. 
Adams  and  Mr,  Clay  were  brought  forward  by 
bodies  of  their  friends  in  different  States.  The 
whole  number  of  electoral  votes  was  2G1 ;  of 
which  it  required  131  to  make  an  election.  No 
one  had  that  number.  General  Jack.son  was 
the  highest  on  the  list,  and  had  99  votes;  Mr, 
Adams  84 ;  Mr.  Crawford  41 ;  Mr.  Clay  37, 
No  one  having  a  majority  of  the  whole  of  elect- 
ors, the  election  devolved  upon  the  House  of 


,: 


ANNO  1824.    JAMES  MONROE,  PRESmENT. 


45 


of  which  on  account  will  be 


ott,  Rugglcs,  Sey- 
>r,    Thomas,   Van 


Representatives 

given  ill  a  separate  chapter. 

In  the  vice-presidential  election  it  was  dif- 
feient.    Mr.  John  C.  Calhoun  (who  in  the  be- 
ginning of  the  canvass  had  been  a  candidate 
for  the  Presidency,  but  had  been  withdrawn  by 
liis  friends  in  Pennsylvania,  and  put  forward 
for  Vice-President),  received   182  votes  in  the 
electoral  college,  and  was  elected.     Mr.  Nathan 
Sandford,  Senator  in  Congress  from  New- York, 
had  been  placed  on  the  ticket  with  Mr.  Clay, 
and  received  30  votes.    The  24  votes  of  Vir- 
ginia were  given  to  Mr.  Macon,  as  a  compli- 
ment   he  not  being  a  candidate,  and  having 
refused  to  become  one.     The  nine  votes  of 
Georgia  were  given  to  Mr.  Van  Buren,  also  as  a 
compliment,  he  not  being  on  the  list  of  candi- 
dates.   Mr.  Albert  Gallatin  had  been  nominated 
in   the  Congress    caucus  with  Mr.  Crawford, 
but  finding  the  proceedings  of  that  caucus  un- 
acceptable to  the  people  he  had  withdrawn  from 
the  canvass.    Mr.  Calhoun  was  the  only  sub- 
stantive vice-presidential  candidate  before  the 
people,  and  his  election  was  an  evidence  of  good 
feeling  in  the  North  towards  southern  men — he 
receiving  the  main  part  of  his  votes  from  that 
quarter — 114  votes  from  the  non-slaveholding 
States,  and  only  C8  from  the  slavenolding.    A 
southern  man,  and  a  slaveholder,  Mr.  Calhoun 
was  indebted  to  northern  men  and  non-slave- 
holders, for  the  honorable  distinction  of  an  elec- 
tion in  the  electoral  colleges — the  only  one  in 
the  electoral  colleges — the  only  one  on  all  the 
lists  of  presidential  and  vice-presidential  candi- 
dates who  had  that  honor.    Surely  there  was 
no  disposition  in  the  free  States  at  that  time  to 
be  imjust,  or  unkind  to  the  South. 


CHAPTER    XVIII. 

DEATH  OF  JOHN  TATLOE,  OF  CAUOLINE. 

For  by  that  designation  was  discriminated,  in 
iiis  own  State,  the  eminent  republican  statesman 
of  Virginia,  who  was  a  Senator  in  Congress  in 
the  first  term  of  General  Washington's  adminis- 
tration, and  in  the  last  term  of  Mr.  Monroe — 
and  who,  having  voluntarily  withdrawn  himself 


from  that  high  station  during  the  intermediate 
thirty  years,  devoted  himself  to  the  noble  pur* 
suits  of  agriculture,  literature,  the  study  of  \^Q- 
litical  economy,  and  the  service  of  his  State  or 
county  when  called  by  his  fellow-citizens.    Per- 
sonally I  knew  him  but  slightly,  our  meeting  in 
the  Senate  being  our  first  acquaintance,  and  our 
senatorial  association  limited  to  the  single  ses- 
sion of  which  he  was  a  member — 1823-24 ; — at 
the  end  of  which  he  died.    But  all  my  observa- 
tion of  him,  and  his  whole  appearance  and  de- 
portment, went  to  confirm  the  reputation  of  his 
individuality  of  character,  and  high  qualities 
of  the  head  and  the  heart.    I  can  hardly  figure 
to  myself  the  ideal  of  a  republican  statesman 
more  perfect  and  complete  than  he  w^as  in  re- 
ality:— plain  and  solid,  a  wise  counsellor,  a  ready 
and  vigorous  debater,  acute  and  comprehensive, 
ripe  in  all  historical  and  political  knowledge,  in- 
nately republican-  modest,  courteous,  benevolent, 
hospitable — a  skill'ul,  practical  farmer,  giving  his 
time  to  his  farm  and  his  books,  when  not  called 
by  an  emergency  to  the  public  service — and  re- 
turning to  his  books  and  his  farm  when  tho 
emergency  was  over.    His  whole  character  was 
announced  in  his  looks  and  deportment,  and  in 
his  uniform  (senatorial)  dress — the  coat,  waist- 
coat, and   pantaloons  of  the    same    "London 
brown,"  and  in  the  cut  of  a  former  fashion — 
beaver  hat  with  ample  brim — fine  white  linen 
— and  a  gold-headed  cane,  carried  not  for  show, 
but  for  use  and  support  when  walking  and 
bending    under  the  heaviness  of   years.      He 
seemed  to  have  been  cast  in  the  same  mould 
with  Mr.  Macon,  and  it  was  pleasant  to  sec 
them  together,  looking  like  two  Grecian  sages, 
and  showing  that  regard  for  each  other  which 
every  one  felt  for  them  both.    He  belonged  to 
that  constellation  Of  great  men  which  shone  so 
brightly  in  Virginia  in  his  day,  and  thp  light  of 
which  was  not  limited  to  Virginia,  or  our  Ame- 
rica, but  spread  through  the  bounds  of  the  civi- 
lized world.     He   was  the  author  of  several 
works,  political  and  agricultural,  of  which  his 
Arator  in  one  class,  and  Ids  Construction  Con- 
strued  in   another,  were    the    principal — ono 
adorning  and  exalting  the  plough  with  the  attri- 
butes of  science ;  the  other  exploring  the  confines 
of  tho  federal  and  the  State  governments,  and 
presenting  a  mine  of  constitutional  law  very  pro- 
fitably to  bo  examined  by  the  political  student 
who  will  not  be  repulsed  from  a  banquet  of  rich 


46 


<f 


in^i!'. 


THIRTY  TEARS'  VIEW. 


i 


ii 


»!       ^ 


ir, 


ideas,  by  the  quaint  Sir  Edward  Coke  stylo — 
(the  only  point  of  resemblance  between  the 
republican  statesman,  and  the  crown  officer  of 
Elizabeth  and  James) — in  which  it  is  dressed. 
Devotion  to  State  rights  was  the  ruling  feature 
of  his  policy;  and  to  keep  both  governments, 
State  and  federal,  within  their  respective  consti- 
tutional orbits,  was  the  labor  of  his  political  life. 
In  tbo  years  1798  and  '99,  Mr.  Taylor  was  a 
member  of  the  General  Assembly  of  his  State, 
called  into  service  by  the  circumstances  of  the 
times ;  and  was  selected  on  account  of  the  dignity 
and  gravity  of  his  character,  his  power  and  rea- 
diness in  debate,  and  his  signal  devotion  to  the 
rights  of  the  States,  to  bring  forward  those  cele- 
brated resolutions  which  Mr.  Jefferson  conceived, 
which  his  friends  sanctioned,  which  Mr.  Madison 
drew  up,  and  which  "  John  Taylor,  of  Caroline," 
presented ; — which  are  a  perfect  exposition  of 
the  principles  of  our  duplicate  form  of  govern- 
ment, and  of  the  limitations  upon  the  power 
of  the  federal  government ; — and  which,  in  their 
declaration  of   the  unconstitutionality  of   the 
alien  and  sedition  laws,  and  appeal  to  other 
States  for  their  co-operation,  had  nothing  in  view 
but  to  initiate  a  State  movement  by  two-thii-ds  of 
the  States  (the  number  reqiiircd  by  the  fifth 
article  of  the  federal  constitution),  to  amend,  or 
authoritatively  expound  the  constitution  ; — the 
idea  of  forcible  resistance  to  the  execution  of 
any  act  of  Congress  being  expressly  disclaimed 
at  the  time. 


CHAPTSR    XIX. 

PRESIDENTIAL  ELECTION  IN  THE  HOUSE  OP 
KEPKESENTATIVES. 

It  has  already  been  shown  that  the  theory  of 
the  constitution,  and  its  practical  working,  was 
entirely  different  in  the  election  of  President  and 
Vice-President— that  by  the  theory,  the  people 
were  only  to  choose  electors,  to  whose  suiwrior 
intelligence  the  choice  of  fit  persons  for  these 
high  stations  was  entirely  committed— and  that, 
in  practice,  this  theory  had  entirely  failed  from 
the  beginning.    From  the  very  first  election  the 


electors  were  made  subordinate  to  the  jteoplc, 
having  no  choice  of  their  own,  and  pledged  to 
deliver  their  votes  for  a  p.irticular  person,  ac- 
cording to  the  will  of  those  who  elected  them.  I  ^^^  ^'U  of  the  majority  to  be  complied  with. 


Thus  the  theory  had  failed  in  its  application  to 
the  electoral  college;    but  there  might  be  a 
second  or  contingent  election,  and  has  been ;  and 
here  the  theory  of  the  constitution  has  failed 
again.    In  the  event  of  no  choice  being  made  by 
the  electors,  either  for  want  of  a  majority  of 
electoral  votes  being  given  to  any  one,  or  on  ac- 
count of  an  equal  majority  for  two,  the  House 
of  Representatives  became  an  electoral  college 
for  the  occasion,  limited  to  a  choice  out  of  the 
five  highest  (before  the  constitution  was  amend- 
ed), or  the  two  highest  having  an  equal  majority. 
The   President  and   Vice-President  were  not 
then  voted  for  separately,  or  with  any  designa- 
tion of  their  office.     All  appeared  ujion   the 
record  as  presidential  nominees— the  highest  on 
the  list  having  a  majority,  to  be  President ;  the 
next  highest,  also  having  a  majority,  to  be  Vice- 
President  ;  but  the  people,  from  the  beginning 
had  discriminated  between  the  persons  for  these 
respective  places,  always  n-eaning  one  on  their 
ticket  for  President,  the  other  for  Vice-President. 
But,  by  the  theory  of  the  constitution  and  its 
words,  those  intended  Vice-Presidents  might  be 
elected  President  in  the  House  of  Representa- 
tives, either  by  being  among  the  five  highest 
when  there  was  no  majority,  or  being  one  of  two 
in  an  equal  majority.    This  theory  failed  in  the 
House  of  Representatives  from  the  first  election, 
the  demos  krateo  principle — the  people  to  gov- 
ern— prevailing  there  as  in  the  electoral  colleges 
and  overruling  the  constitutional  design  in  each. 
The  first  election  in  the  House  of  llepresenta- 
tives  was  that  of  Mr.  Jefferson  and  Mr.  Burr 
in  the  session  of  1800-1801.     These  gentlemen 
had  each  a  majority  of  the  whole  number  of 
electoral  votes,  and  an  equal  majority  — 73  each 
—Mr.  Burr  being  intended  for  Vice-President. 
One  of  the  contingencies  had  then  occurred  in 
which  the  election  went  to  the  House  of  Rejjre- 
sentatives.      The    federalists    had    acted  more 
wisely,  one  of  their  State  electoral  colleges  (that 
of  Rhode  Island),  having  withheld  a  vote  from 
the  intended  Vice-President  on  their  side,  Mr. 
Charles  Colesworih  Pinckney,  of  South  Caro- 
lina ;  and  so  prevented  an  equality  of  votes  be- 
tween him  and  Jlr.  .lohn  Adams.     It  would 
have  been  entirely  constitutional  in  the  House 
of  Representatives  to  have  elected   Mr.  Bun- 
President,  but  at  tlie  same  time,  a  gross  viola- 
tion of  the  democratic  principle,  which  requires 


ANNO  18'25.    JAMES  MONROE,  PRESIDENT. 


47 


Tho  federal  States  undertook  to  elect  Mr.  Burr, 
and  kept  up  the  struggle  for  seven  days  and 
Lights,  and  until  the  thirty-sixth  ballot.    There 
were  sixteen  States,  and  it  required  the  concur- 
rence of  nine  to  effect  an  election.    Until  the 
thirty-sixth  Mr.  Jefferson  had  eight,  Mr.  Burr 
six  and  two  were  divided.    On  the  thirty-sixth 
ballot  Mr.  Jefferson  had  ten  States  and  was 
elected.    General  Hamilton,  though  not  then  in 
public  life,  took  a  decided  part  in  this  election, 
rising  above  all  personal  and  all  party  consid-^ra- 
tions  and  urging  tho  federalists  from  tho  oegin- 
ning  to  vote  for  Mr.  Jefferson.    Thus  the  demo- 
cratic principle  prevailed.     The  choice  of  the 
people  was  elected  by  the  IIousc  of  RcprescHa- 
tive.a ;  and  the  struggle  was  fatal  to  those  who 
had  opposed  that  principle.    The  federal  party 
was  broken  down,  and  at  the  ensuing  Congress 
elections,  was  left  in  a  small  minority.    Its  can- 
didate at  the  ensuing  presidential  election  receiv- 
ed but  fourteen  votes  out  of  one  hundred  and 
seventy-six.     Burr,  in  whose  favor,  and  with 
whose  connivance  the  struggle  had  been  made, 
was  ruined— fell  under  tho  ban  of  the  republican 
party,  disappeared  from  public  life,  and  was  only 
seen  afterwards  in  criminal  enterprises,  and  end- 
ing his  life  in  want  and  misery.    The  constitu- 
tion itself,  in  that  particular  (the  mode  of  elec- 
tion), was  broken  down,  and  had  to  be  amended  so 
as  to  separate  the  presidential  from  the  vice-presi- 
dential ticket,  giving  each  a  separate  vote ;  and 
iu  the  event  of  no  election  by  the  electoral  col- 
leges, sending  each  to  separate  houses — the  three 
highest  on  the  presidential  lists  to  the  House  of 
Representatives, — the  two  highest  on  the  vice- 
presidential,  to  tho  Senate.     And  thus  ended 
the  firFt  struggle  in  tho  House  of  Representa- 
tives (in  relation  to  tho  election  of  President), 
between  the  theory  of  the  constitution  and  the 
democratic  principle — triumph  to  the  principle, 
ruin  to  its  opposers,  and  destruction  to  the  clause 
in  tho  constitution,  which   ircrmitted    such  a 
struggle. 

The  second  presidential  election  in  the  House 
of  Representatives  was  after  the  lapse  of  a  quarter 
of  a  century,  and  under  the  amended  consti- 
tution, which  carried  the  three  highest  on  the 
list  to  the  House  when  no  one  had  a  majority 
of  the  electoral  votes.  General  Jackson,  Mr. 
John  Quincy  Adams,  and  Mr.  Williiim  H.  Craw- 
ford, were  the  three,  their  respective  votes  being 
99,  84,  41 ;  and  in  this  case  a  second  stmgglc 


took  place  between  the  theory  of  the  constitu- 
tion and  the  democratic  principle ;   and  with 
eventual  defeat  to  the  opposers  of  that  principle, 
though  temporarily  successful.    Mr.  Adams  was 
elected,  though  General  Jackson  was  the  choice 
of  tho  people,  having  received  the  greatest  num- 
ber of  votes,  and  being  undoubtedly  the  second 
choice  of  several  States  whose  votes  had  been 
given  to  Mr.  Crawford  and  Mr.  Clay  (at  tho 
general    eleolion).      Tho    representatives    from 
some  of  these  States  gave  the  vote  of  the  State  to 
Mr.  Adams,  upon  the  argument  that  he  was  best 
qualified  for  tho  station,  and  that  it  was  dan- 
gerous to  our  institutions  to  elect  a  military 
chieftain — an  argument  which  assume<l  a  guard- 
ianship over  the  jM;ople,  and  hni)lied  the  necessity 
of  a  superior  intelligence  to  giiidc  them  for  their 
own  good.      The  election  of  Mr.  Adams  was 
perfectly  constitutional,  and  as  such  fully  sub- 
mitted to  by  the  peo;)lc ;  but  it  was  also  a  viola- 
tion of  the  demos  kruico  principle ;  and  that 
violation  was  signally  rebuked.     All  the  repre- 
sentatives who  voted  against  the  will  of  their 
constituents,  lost  their  Hwor,  and   disappeared 
from  public  life.      The  representation  in  the 
House  of  Representatives  was  largely  changed 
at  the  first  general  election,  and  presented  a  full 
opposition  to  the  new  President.    Mr.  Adams 
liimself  was  injured  by  it,  and  at  tlic  ensuing 
presidential  election  was  beaten    by   General 
Jjickson  more  than  two  to  one — 178  to  83.   Mr. 
Clay,  who  took  the  lead  in  the  House  for  Mr. 
Adams,  and  afterwards  took  \\\)0\\  himself  the 
mission  of  reconciling  the  people  to  his  election 
in  a  scries  of  public  speeches,  was  himself  QT'\\y- 
pled  in  tho  effort,  lost  his  place  in  tho  democratic 
party,    joined  the  whigs  (then  called  national 
republicans),  and  has  since  in-cscuted  the  dis- 
heartening spectacle  of  a  foinier  great   leader 
figuring  at  the  head  of  his  ancient  foes  in  all 
their  defeats,  and  lingering  on  their  rear  in  their 
victories.     The  democratic  principle  was  again 
victor  over  the  theory  of  the  constitution,  and 
great  and  good  were  the  results  that  ensued.    It 
vindicated  tho  demos'  in  tlicir  right  and  their 
powe",  and  showed  that  tho  prefix  to  the  con- 
stitution,  "We,  the  people,  do  ordain  and  cs- 
tablis'.i,"  &c.,  may  also  be  added  to  its  adminis- 
tration, showing  them  to  be  as  able  to  administer 
as  to  mako  that  instrument.    It  re-established 
parties  upon  the  basis  of  principle,  and  drew 
anew  party  lines,  then  almost  obliterated  under 


48 


-% 


'/.nt 


TIIIRTT  YEARS'  VIEW. 


'ill '« 


the  fusion  of  parties  diirinp;  the  "  era  of  good 
feeling,"  and  the  efforts  of  leading  men  to  rntilje 
personal  parties  for  themselves.  It  showed  the 
conservative  power  of  our  government  to  lie  in 
the  people,  more  than  in  its  constituted  authori- 
ties. It  showed  that  they  were  capable  of  ex- 
orcising the  function  of  self-government.  It 
assured  the  supremacy  of  the  democracy  for  a 
long  time,  and  until  temporarily  lost  by  causes 
to  be  shown  in  their  proper  place  Finally,  it 
was  a  caution  to  all  public  men  against  future 
attempts  to  govern  presidential  elections  in  the 
House  of  Representatives. 

It  is  Tio  part  of  the  object  of  this  "  Thirty 
Years'  ^'iew  "  to  dwell  upon  the  conduct  of  invii- 
viduals  except  as  showing  the  causes  and  the 
consoiiuences  of  events  ;  and,  under  this  asneci 
it  becomes  the  gravity  of  history  to  tell  that,  in 
these  two  stnirgles  for  the  t  lection  of  President, 
thosf  who  struggled  again:  ;t  the  democratic 
principle  lost  theii  places  on  the  political  theatre, 
— the  mere  voting  members  being  put  down  in 
their  States  and  districts,  and  the  eminent  actors 
for  ever  ostracised  from  the  high  object  of  their 


tintion  (o  rote  for  Mr.  Adams  and  not  for 
O'cnernl  Jackson.    Presuming  that  the  publi- 
cation icas  with  your  authority,  I  cannot  deny 
the  e.rpression  of  proper  acknowledgments  for 
the  sense  of  justice  which  has  prompted  you  to 
render  this  voluntary  and  faithful  testimony.'''' 
This  letter,  of  which  I  now  have  the  original, 
was  dated  at  Washington  City,  December  Cth, 
1827— that  is  to  say,  in  the  very  heat  and  mid- 
dle of  the  canvass  in  which  Mr.   Adams  was 
beaten  by  General  Jackson,  and  wlien  the  testi- 
mony could  be  of  most  service  to  him.    It  went 
the  rounds  of  the  papers,  and  was  quoted  and 
relied  upon  in  debates  in  Congress,  greatly  to 
til'*  dissatisfacMon  of  many  of  my  own  party. 
There  was  no  mistake  in  the  date,  or  the  fact. 
I  left  VVpshir.gtiin  the  15th  of  December,  on  a 
visit  to  my  fat!ier-iu-law,  Colonel  James  Mc- 
Dowell, of  Kookbridgc  county,  Virginia,  where 
Mrs.  Benton  then  was ;  and  it  was  before  I  left 
VVashington  that  I  learned  from  Mr.  Clay  him- 
self  that   !iis    intention  was   to    support   Mr. 
yUlj'.ms.    I  told  this  at  that  time  to  Colonel  Mc- 
Dowell, and  any  friends  that  chanced  to  1)«  pre- 


ambition.    A  subordinate  caus"  may  have  haa    sent,  and  gave  it  to  the  pnl)lic  in  a  letter  which  was 


its  effect,  and  unjustly,  in  prejudicing  the  public 
mind  against  Mr.  Adams  and  Mr.  Clay.  They 
had  been  political  adversaries,  had  co-operated  in 
the  election,  and  went  into  the  administration  to- 
g-  thcr.  Mr.  Clay  received  the  office  of  Secretary 
01  State  from  Mr.  Adams,  and  this  gave  rise  to 
the  imputation  of  a  bargain  between  them. 

It  came  within  my  knowledge  (for  t  was  then 
intimate  with  Mr.  Clay),  long  before  the  elec- 
tion, and  i)robably  before  Mr.  Adams  knew  it 
himself,  that  Mr.  Clay  intended  to  support  him 
against  General  Jackson ;  and  for  the  reasons 
afterward  averred  in  his  public  speeches.  I  made 
this  known  when  occasions  required  me  to  speak 
of  it,  and  in  the  presence  of  the  friends  of  the 
impugned  parties.  It  went  into  the  newspapers 
ujjon  the  information  of  these  friends,  and  Mr. 
Clay  made  me  acknowledgments  for  it  in  a  let- 
t'«r,  of  which  this  is  the  exact  copy : 

'•  /  have  received  a  paper  published  on  tfie 
20th  ultimo,  at  Lemington,  in  Virg'nia,  in 
which  is  contained  an  article  stating  that  you 
had,  to  a  gentleman  of  that  place,  e.rpre^scd 
your  disbelief  of  a  charge  injurious  to  me, 
touching  tne  iate  president >aJ  election,  and 
that  I  ha  I  communicated  to  you  ur.eqici  locally, 
before  th(  15th  of  December,  1324,  my  determi- 


copied  into  many  ncwsi)apcrs,  and  is  preserved 
in  Niles'  Register.  I  told  it  as  my  belief  to}.h 
Jefferson  on  Christmas  evening  of  the  same  year, 
when  returning  to  Washington  and  making  a  call 
on  that  illustrious  man  at  his  scat,  Monticello ;  and 
believing  then  that  Mr.  Adams  woidd  be  elected, 
and,  from  the  necessity  of  the  cn.so,  woii'd  liava 
to  make  up  a  mixed  cabinet,  T  expressed  thai 
belief  to  Mr.  Jefferson,  using  the  term,  fiimiliat 
in  English  history,  of  "  broad  bottomed  ;  "  and 
asked  him  how  it  wouM  do  1  lie  answered , 
"Not  at  all — woidd  never  succeed — would  ruin 
all  engaged  in  it."  Mr.  Clay  told  Iiis  intcntion.s 
(o  others  of  his  friends  from  an  early  period, 
but  as  they  remained  his  friends,  their  testimony 
was  but  little  heeded.  Even  my  own,  in  the 
Violence  of  party,  r  aA  from  my  relationship  tf 
Mrs.  Clay,  seemed  to  have  but  littlo  eitect.  The 
imputation  of  "'nrgain"  stuck,  and  doubtless 
had  an  influence  in  the  election.  In  fact,  the 
circumstr.nccs  of  the  whole  affair — p"evious  an- 
tagonisn.  between  the  parties,  a'-lua:  support  in 
the  election,  and  acceptance  of  l.:gh  office,  made 
up  a  case  against  Messrs.  Adams  and  Clay  which 
it  WIS  hardly  safe  for  public  men  to  creatj  and 
to  bn.  *  ,  however  .strong  in  their  own  conscious- 
ness of  integrity.    Still,  the  great  objection  to 


■; 


4>' 


ANNO  1826.    JAMES  MONROE,  PRESIDENT. 


49 


a  and  not  for 
that  the  puhli- 
',  /  cannot  deny 
wledgmenta  for 
Tompted  you  to 
ful  testimony.'''' 
ive  the  original, 
,  December  Gth, 
\f  heat  and  mid- 
tlr.   Adams  was 
1  when  the  testi- 
o  him.    It  went 
was  quoted  and 
;ress,  greatly  to 
my  own  party, 
late,  or  the  fact. 
December,  on  a 
onel  James  Mc- 
Viiginia,  where 
was  before  I  left 
n  Mr.  Clay  him- 
to    support  Mr. 
c  to  Colonel  Mc- 
lanccd  to  be  pre- 
i  letter  which  was 
and  is  preserved 
my  helirf  to  Mr 
nf  the  same  year, 
nd  making  a  call 
,,]Monticello;aii(l 
ivould  be  elected, 
■ase,  won^d  liava 
expressed  thaV 
lie  term,  fiiinilia? 
potlomed  ;  "  ani! 
TTe  answered , 
■C'd — w  oi;ld  ruin 
lid  his  intentions 
m  early  period, 
I,  their  testimony 
ly  own,  in  the 
relat'Oii.,hip  tc- 
littl  :•  cltect.    1'he 
and  doubtless 
In.    Tn  fact,  the 
lir — p"Cvious  an- 
^ua.  support  in 
|,yi  office,  made 
[and  Clay  whiclt 
m  to  create  and 
own  conscions- 
;at  objection  to 


the  eliKition  of  Mr,  Adams  was  in  the  violation 
of  the  princii)le  demos  krateo  ;  and  in  the  ques-  ] 
tion  which  it  raised  of  the  capacity  of  the  demos 
to  choose  a  ."-afo  President  for  themselves.  A 
letter  which  I  wrote  to  the  representative  from 
Missouri,  before  he  gave  the  vote  of  the  Slate  to 
Mr.  Adams,  and  which  wos  pub  islied  immedi- 
ately afterwards,  placed  the  objection  upon 
this  high  ground ;  and  upon  it  the  battle  was 
mainly  fought,  and  won.  It  was  a  victory  of 
principle,  and  should  not  be  disparaged  by  the 
admission  of  an  unfounded  and  subordinate 
cause. 

This  presidential  election  of  1824  is  remarkable 
under  another  aspect — as  having  put  an  end  to 
the  practice  of  caucus  nominations  for  the  Presi- 
dency by  members  of  Congress.  This  mode  of 
concentrating  public  opinion  began  to  bo  j)rac- 
tised  as  the  eminent  men  of  the  Jlevolution,  to 
whom  public  opinion  awarded  a  preference,  were 
passing  away,  and  when  new  men,  of  more  equal 
pretensions,  were  coming  upon  the  stage.  It 
was  tried  several  times  with  success  and  general 
ai)probation,  public  sentiment  having  been  fol- 
lowed, and  not  led,  by  the  caucus.  It  was  at- 
tempted in  1824,  and  failed,  the  friends  of  Mr. 
Cniivford  only  attending — others  not  attending, 
not  from  any  repugnance  to  the  practice,  as  their 
jiixvious  conduct  had  shown,  but  because  it  was 
known  tliat  Mr.  Crawford  had  the  largest  num- 
bor  of  friends  in  Congress,  and  woidd  ai^suredly 
receive  the  nomination.  All  the  rest,  therefore, 
refused  to  go  into  it :  all  joined  in  opposing  the 
"caucus  candidate,"  as  Mr.  Crawford  was  called ; 
all  united  in  painting  the  intrigue  and  corrup- 
tion of  these  caucus  nominations,  and  the  ano- 
maly of  members  of  Congress  joining  in  them. 
By  their  joint  efforts  they  succeeded,  and  justly 
in  the  fact  though  not  in  the  motive,  in  rendering 
these  Congress  caucus  nominations  odious  to 
the  people,  and  broke  them  down.  They  Mere 
dropped,  and  a  different  mode  of  concentrating 
public  opinion  was  adopted — that  of  party  nomi- 
nations by  conventions  of  delegates  from  the 
States.  This  worked  well  at  first,  the  will  of 
the  peojile  being  .-trictly  obeyed  by  the  delegates, 
ami  the  miijority  making  the  nomination.  But 
it  quickly  degenerated,  and  became  obnoxious  to 
all  the  objections  to  Congress  caticus  Jiomina- 
tims,  and  many  others  besides.  ^Members  of 
Congress  still  attended  them,  either  as  delegates 
•)r  as  lobby   managers.     Persons   attended   as 

Vol.  I.— 4 


delegates  who  bail  no  constituency.     Delegates 
attended  upon  eipiivocul  appointments.    Double 
sets  of  delegates  sometimes  came  from  the  State, 
and  either  were  admitted  or  repulsed,  as  suited 
the  views  of  the  majority.      Proxies  wore  in- 
vented.   iMany  delegates  attended  with  the  sole 
view  of  establishing  a  claim  for  ofHce,  and  voted 
accordingly.      The  two-thirds  rule  wa.s  invent- 
ed, to  enable  the  ininority  to  contjol  the  ma- 
jority ;  and  the  whole  procee<ling  become  anom- 
alous and  irresponsible,  and  subversive  of  the 
will  of  the  jwople,  leaving  them  no  more  con- 
trol over  the  nomination  than  the  subjects  of 
kings  have  over  the  birth  of  the  child  which 
is  born  to  rule  over  them.    King  Caucus  is  as 
potent  as  any  other  king  in  this  respect;  for 
whoever  gets  the  nomination — no  matter  how 
effected — becomes  the  candidate  of  the  party, 
from  the  necessity  of  union  against  the  opposite 
party,  and  from  the  indisposition  of  the  great 
States  to  go  into  the  House  of  Representatives  to 
be  balanced  by  the  small  ones.    This  is  the  mode 
of  making  Presidc.its,  practised  by  both  parties 
now.     It  is  the  virtual  election !  and  thus  the 
election  of  the  President  and  Vice-Presideut  of 
the  United  States  has  jias.sed — not  oidy  from  the 
college  of  electors  to  which  the  constitution  con- 
fided it,  and  from  the  jjcople  to  whom  the  prac- 
tice under  the  constitution  gave  it,  and  from  the 
House  of  Rejjresentatives  which  the  constitution 
provided  as  ultimate  arbiter — but  has  gone  to 
an  anomalous,  irresponsible  body,  unknown  to 
law  or  constitution,  unknown  to  the  early  ages 
of  our  government,  andof  wliich  a  largo  propor- 
tion of  the  members  composing  it,  and  a  much 
larger  proportion   of   interlopers   attending  it, 
have  no  other  view  either  in  attending  or  in  pro- 
moting the  nomination  of  any  particular  man, 
than  to  get  one  elected  who  will  enable  them  to> 
eat  otit  of  the  public  crib — who  will  give  them  a 
key  to  the  public  crib. 

The  evil  is  destructive  to  the  rights  and  sov- 
ereignty of  the  people,  and  to  the  purity  of  elec- 
tions. The  remedy  is  in  the  application  of  the 
democratic  principle — the  people  to  vote  direct 
for  President  and  Vice-President ;  and  a  second 
election  to  bo  held  immediately  between  the  two 
highest,  if  no  one  has  a  majority  of  the  whole 
number  on  the  first  trial.  But  this  would  re- 
(juire  an  amendment  of  the  constitution,  not  to. 
be  effected  but  by  a  concurrence  of  two  thirds 
of  each  house  of  Congress,  and  the  sanction  erf! 


50 


THIRTY  YEARS'  VIEW. 


throe  fmirtlis  of  flic  States — a  conminimnlion  to 
wliich  the  stivii'.'tli  of  (he  ijuoplc  lias  not  yet 
been  equal,  but  (if  which  there  in  no  reason  to 
despair.     The  iireat   jiarliiimentary  reform  in 
Oreat  Britain  was  otily  rarrieil  after  forty  years 
of  continued,  animal,  jierseverinj;  exertion.     Our 
constitutional  reform,  in  this  point  of  the  presi- 
dential election,  may  re(iuirc  but  a  few  years  ;  in 
the  meanwiiilc  I  am  f<>r  the  people  to  select,  as 
well  as  r//(V,  tlit.ir  candidates,  and  for  a  reference 
to  the  I  louse  to  choose  one  out  of  three  presented 
by  the  peo[)lo.  iustend  of  a  caucus  nomination  of 
whom  it  pleased.    The  House  of  Ilepresentativcs 
is  no  longer  the  small  and  dangerous  electoral  col- 
lege that  it  once  was.     Instead  of  thirteen  Slates 
wo  now  have  thirty -one ;  instead  of  sixty-five 
roprepenbitivcs,  we  have  now  above  two  hundred. 
Responsibility  in  the  ]b)Uso  is  now  well  establish- 
ed, and  political  ruin,  and  personal  humiliation,  at- 
tend the  violation  of  the  will  of  the  State.    No 
man  could  bo  elected  now,  or  enileavor  to  be 
elected  (after  the  exj.eriencc  of  1800  and  1821), 
who  is  not  at  the  head  of  the  list,  and  the  choice 
of  a  majority  of  the  I'nion.    The  lesson  of  those 
times  would  deter  imitation,  and  the  democratic 
principle  would  a^ain  crush  all  that  were  instru- 
mental in  thwarting  the  public  will.    There  is 
no  longer  the  former  danger  from  the  House  of 
Representatives,  nor  nn}-  thing  in  it  to  justify  a 
previous  resort  to  such  as.semblages  as  our  na- 
tional conventions  have  got  to  be.     The  House 
is  legal  and  responsible,  which  the  convention  is 
not,  with  a  better  chance  for  integrity,  as  having 
been  actually  elected  by  the  people  ;  and  more 
restrained  by  position,  by  public  opinion,  and  a 
clause  in  the  constitution  from  the  acceptance  of 
office  from  the  man  they  elect.    It  is  the  consti- 
tutional umpire ;  and  until  the  constitution  iij 
amended,  I  am  for  acting  ujjon  it  as  it  is. 


CHAPTER    XX. 

THE    OCCUPATION  OF  THE  COLUMBIA. 

This  subject  ha<l  begun  to  make  a  lodgment 
in  the  ptiblic  mind,  and  I  brought  a  bill  into  the 
Senate  to  enable  the  President  to  possess  and  re- 
tain the  country.  The  joint  occupation  treaty 
of  1818  was  drawing  to  a  close,  and  it  was  my 


policy  to  tcrminalo  such  occupation,  and  hold 
the  Columbia  (or  Oregon)  exclusively,  as  we  had 
the  admitted  right  to  do  while  the  question  of 
title  was  depending,     The  British  had  no  title, 
and  were'simply  working  for  a  division— for  the 
right   bank  of  tlie  river,  and  the  harbor  at  its 
mouth— and  waiting  on  time  to  ripen  tlicir  joint 
mrufiation  into  a  claim  for  half.   T  knew  this,  and 
wished  to  terminate  a  joint  tenancy  .vliich  could 
only  be  injurious  to  ourselves  while  it  lasted 
and  jeopard  our  rights  when  it  terminated.    The 
bill  which  I  brotight  in  proposed  an  appropria- 
tion to  enable  the  President  to  act  efficiently, 
with  a  detatchment  of  the  army  and  navyj  and 
in  the  discussion  of  this  bill  the  whole  question 
of  title  and  of  policy  came  up;  and,  in  a  reply 
to  Mr.  Dickcrson,  of  New  Jer.sey,  I  found  it  to 
be  my  duty  to  defend  both.    1  now  give  some 
extracts  from  that  reply,  as  a  careful  ev-  '..a- 
tion  of  the  British  pretension,  founded  upon  her 
own  exhibition  of  title,  and  .showing  that  she 
had  uone  south  of  forty-nine  degrees,  and  that 
we  were  only  giving  her  a  claim,  by  putting  her 
po.ssession  on  an  equality  with  our  own.    These 
extracts  will  show  the  history  of  the  case  as  it 
then  stood — as  it  remained  invalidated  in  all  sub- 
.scqucnt  di.scussion— and  according  to  which,  and 
after  twenty  years,  and  when  the  question  had 
assumed  a  war  aspect,  it  was  finally  settled. 
The  bill  did  not  pass,  but  received  an  encouraging 
vote— fourteen  senators  voting  favorably  to  it. 
They  were : 

Messrs.  Barbour,  Benton,  Bouligny,  Cobb, 
Hayne,  Jackson  (the  General),  Johnson  of 
Kentucky,  Johnston  of  Louisiana,  Lloyd  of 
Massachusetts,  Mills,  Noble,  Ruggles,  Talbot, 
Thomas. 

"  Mr.  Benton,  in  reply  to  Mr.  Dickcrson,  said 
that  he  had  not  intemled  to  speak  to  this  bill. 
Always  miwilling  to  trcspa.ss  upon  the  time  and 
patience  of  the  Senate,  he  was  particularly  so 
at  this  moment,  when  the  session  was  drawing 
to  a  close,  and  a  hundred  bills  upon  the  table 
were  each  <!emanding  attention.  The  occupa- 
tion of  the  Columbia  River  was  a  subject  which 
hail  engajred  the  deliberations  of  Congress  for 
four  years  past,  and  the  minds  of  gentlemen 
might  be  stippo.sed  to  be  made  up  upon  it.  Rest- 
ing upon  this  belief,  Mr.  B.,  as  reporter  of  the 
bill,  had  limited  himself  to  the  duty  of  watch- 
ing its  progre.s.s,  and  of  holding  himself  in  readi- 
ness to  answer  any  inquiries  which  might  be  put. 
Inquiries  he  certainly  expected ;  but  a  general 
assault,  at  this  late  stage  of  the  session,  upon 
the  principle,  the  policy,  and  the  details  of  the 


aNNO  IMf.    JAMES  MONROE,  PRESIDENT. 


51 


session,  upon 
Ictails  of  the 


bill.  Imd  not  lu'cn  iintiiipated.  Such  an  assault 
hml.  howivi'i',  lii'<'n  niudo  \>y  the  Roniitor  from 
Xi'w-  Ji'isi'V  (Mr.  n.).  nml  Mr.  H.  wouM  lie 
iinliiilhfiil  to  his  duty  if  ho  did  not  rt'|K'l  it.  In 
dis(liar};in);;  this  duty,  he  would  lose  no  time  in 
uoinj;  over  the  gentleman's  calculations  about 
the  expense  <if  >i;eltinj;  a  member  of  Congress 
from  the  Orepon  to  the  Potomac;  nor  woidd  he 
solve  his  dilliculties  ulioiit  the  shortest  and  best 
fQulc — whetlier  Cape  Horn  shoulil  be  doiililed,  a 
new  route  explored  under  the  north  jiole,  or 
niDuntain-i  climbed,  whose  aspirinj;  summits  pre- 
sent twelve  feet  of  defving  snow  to  the  burninj; 
rays  of  a  July  sun.  Mr.  B.  looked  ujion  these 
calculations  and  problems  as  so  many  dashes  of 
the  gentleman's  wit.  and  admitted  that  wit  was 
an  excellent  article  m  debute,  cfiuall}"  convenient 
for  embellishing^  an  arftiimcnt,  and  conceulinj; 
the  want  of  one.  For  which  of  these  purjMJses 
the  senator  from  New  Jersey  had  amused  the 
Siimte  with  the  wit  in  question,  it  was  not  for 
Mr.  15.  to  say,  nor  should  he  ui.  lertake  to  dis- 
turb him  in  the  quiet  enjoyment  of  the  honor 
which  he  had  won  thereby,  and  would  proceed 
directly  to  speak  to  the  iherits  of  the  bill. 

"It  is  now,  Mr.  President,  continued  Mr.  B., 
precisely  two  and  twenty  years  since  a  contest 
for  the  Columbia  has  been  goinj^  on  between  the 
United  States  and  Great  Biitain.  The  contest 
originated  with  the  discovery  of  the  river  it.self. 
The  moment  that  we  discovered  it  she  claimed 
it ;  and  without  a  color  of  title  in  her  hand,  she 
has  labored  ever  since  to  overreacli  us  in  the 
arts  of  ne{;otiation,  or  to  bully  us  out  of  our  dis- 
covery by  menaces  of  war. 

'•  In  the  3'ear  17'JO,  a  citizen  of  the  United 
States,  Capt.  CJray,  of  Boston,  di.scovcred  the 
Columbia  at  its  entrance  into  the  sea ;  and  in 
18(t;5,  Lewis  and  Clarke  were  sent  by  the  gov- 
ernment of  the  United  States  to  complete  the 
discovery  of  the  whole  river,  from  its  source 
downwards,  and  to  take  formal  possession  in 
the  name  of  their  government.  In  170;>  Sir 
Alexander  McKcnzie  had  been  sent  from  Canada 
by  the  British  Government  to  etlect  the  same 
ohji'ct ;  but  he  missed  the  sources  of  the  river, 
fell  upon  the  Tacontchc  7'e.wc,  and  struck  the 
Pacitic  about  live  hundred  miles  to  the  north  of 
the  mouth  of  the  Columbia. 

'•  In  IHO;*),  the  United  States  accjuired  Louisiana, 
and  with  it  an  open  question  of  boundaries  for 
that  vast  piovince.  On  the  side  of  Mexico  and 
Florida  this  question  wa.s  to  be  settled  witli 
the  King  of  Spain;  on  the  north  and  north- 
west, with  the  King  of  Great  Britain.  It 
happened  in  the  very  time  that  we  were  signing 
a  treaty  in  Paris  for  the  accpiisition  of  Louisiana, 
that  we  were  signing  another  in  London  for  the 
adjustment  of  the  boundary  line  between  the 
northwest  possessions  of  the  United  States  and 
the  King  of  Great  Britain.  The  negotiators 
of  each  were  ignorant  of  what  the  others  had 
done  ;  and  on  remitting  the  two  treaties  to  the 
Senate  of  the  Unitetl  States  for  ratification,  that 
for  the  purchase  of  Louisiana  was  ratified  with- 


out restriction  ;  the  other,  with  the  excejition  of 
the  fifth  article,  it  was  this  article  which  ad- 
Justed  the  lM)unilary  line  betwivn  the  Unifed 
Slates  and  (ireat  Itritain,  from  V.ik  Lake  of  the 
Woods  to  the  head  of  the  Mississippi;  and  the 
Semite  refused  to  ratify  it,  becau.se,  by  possibili- 
ty, it  might  jeopard  tlie  northern  boinidary  of 
Louisiana,  The  treaty  was  sent  back  to  London, 
the  fifth  article  expunge<l;  and  the  British  (iov- 
eriuneiit,  acting  then  as  upon  a  late  occasion, 
njected  the  whole  treaty,  when  it  failed  in  .se- 
curing the  preci.se  advantage  of  which  it  was 
in  search. 

"  In  the  year  1807,  another  treaty  was  negoti- 
ated Ijetween  the  United  States  and  Great  Bri- 
tain. The  negotiators  on  both  sides  were  then 
posse.s.sed  of  the  fact  that  Louisiana  belonged  to 
the  United  States,  and  that  her  boundaries  to 
the  north  and  west  were  undefined.  The  settle- 
ment of  this  boundary  was  a  poiitt  in  the  nego- 
tiat'on.  and  continueif  efforts  were  ma«le  by  the 
British  plenipotentiaries  to  overreach  the  Ame- 
ricans, with  respect  to  the  country  west  of  the 
Hocky  Moiuitam.s.  Without  presenting  any 
claim,  they  endeavored  to  ^ Icufe  a  iifsl  ewfr  for 
fnliirr  prcleusioitii  in  that  quarter.''  {Ulate 
Papers,  1822-.']  )  Finally,  an  article  was  i  ;:reed 
to.  The  foity-uinth  degree  of  north  latitude 
was  to  be  foil  t wed  west,  as  far  as  the  territories 
of  the  two  countries  extended  in  that  direction, 
with  a  proviso  against  its  application  to  the 
country  west  of  the  Rocky  Mountains.  This 
treaty  shared  the  fate  of  that  of  1803.  It  was 
never  ratified.  For  cau.ses  unconnected  with  the 
questions  of  boundary,  it  was  rejected  by  Mr. 
Jefferson  without  a  reference  to  the  Senate. 

"At  Ghent,  in  1814,  the  attempts  of  1803  and 
1807  were  renewed.  The  British  plenipotentia- 
ries oflered  articles  upon  the  subject  of  the  boun- 
dary, and  of  the  northwest  coast,  of  the  same 
character  with  those  previously  oflered ;  but  no- 
thing could  be  agreed  upon,  and  nothing  upon 
the  subject  was  inserted  in  the  treaty  signed  at 
that  place. 

"At  London,  in  1818,  the  negotiations  upon 
this  point  were  renewed;  and  the  Biitish  Gov- 
ernment, for  the  first  time,  uncovered  the  ground 
upon  which  its  pretensions  rested.  Its  plenipo- 
tentiaiics,  Mr.  Bobinson  and  Mr.  Goulbourn, 
as.serted  (to  give  them  the  benefit  of  their  own 
words,  as  reported  by  Messrs.  Gallatin  and  Rush) 
"  That  former  voyages,  ami  principally  that  of 
Captain  Cook,  gave  to  Great  Britain  the  rights 
derived  from  discovery;  and  they  alluded  to  jiur- 
chases  from  the  natives  south  of  the  river  Co- 
lumbia, which  they  alleged  to  have  been  made 
prior  to  the  American  Revolution.  They  did 
not  make  any  formal  pi  o[)Osition  for  a  boundary, 
but  intimated  that  the  ririr  it.self  was  the  most 
convenient  that  could  be  adopted,  and  that  they 
would  not  agree  to  any  which  did  not  give  them 
tlie  harbor  at  the  ntoath  of  the  /- re/  in  common 
with  the  United  States.' — Litter  fnini  Messrs. 
Ualkilin  and  Rush.  October  2Uth.  182t). 

To  this  the  American  picnipotcutiarius  an* 


52 


TinilTV  YKAltS-  VIKW. 


w 


f 

I 


BwiTofl,  in  a  wny  iM-tti-r  ciilcnlutod  to  (•iii'oiira;;c 
tlinn  to  (I'lmlse  tin-  proiiiKllcss  pntni'^ioiis  of 
CJrcnt  Ilritain.  '  Wu  <li<l  not  ii^si'il  (ivinliriin' 
thiw  p'titli'incn  in  llie  Mitiic  Icllcr),  vvc  <liil  not 
assert  tlitit  tilt'  United  Stiitcs  Imij  ii  |m  rftrt  rijjjit 
to  tliat  coniitry,  liiit  insisted  tluit  tliiirdnini  was 
at  least  (food  afrainst  (trt'at  Uritiiin.  We  did  n'>t 
know  willi  pR'cision  wiiat  value  onr  ^rovern- 
nii'nt  set  on  the  country  to  the  westwanl  of  these 
inountuiiis;  hut  we  wvn'  not  unthori/ed  to  enter 
into atiy  agreement  wliieli  shoidd  l)e  tantamount 
to  iin  nl»andonnient  of  the  claini  to  it.  It  wa-; 
at  last  a;:reed,  hut,  as  we  ihou^dit,  willi  soine  n- 
liirhiinr  on  the  jiart  of  tlie  Uri/it/i  plenipoten- 
tiariis,  that  the  eoinitry  on  tin-  northwest  coast, 
claiineil  by  eitlu'r  parly,  shoidd,  without  preju- 
dice to  the  claims  of  eitlier,  and  for  a  liiiiitn/ 
time,  he  oi)ened  for  Uie  purposes  of  trade  to  the 
iiihahilants  of  liofli  countries.' 

"  The  snitstance  of  this  agreement  was  inserteil 
in  the  convention  of  Octohor,  ISIH.  It  con- 
fititutes  the  third  article  of  that  treaty,  and  is 
the  same  njion  which  the  senator  from  New 
Jersey  (Mr.  Dickerson)  relies  for  e.xcludiii}; 
the  (iiiUMl  States  from  the  occupation  of  the 
Coliimhiu. 

''  In sul)se(|uent  nepotiations,  the  Tlritish agents 
further  ristetl  their  claim  upon  tiie  discoveries 
of  McKt'ii/.ie,  in  17!*.'],  the  .seiziiiv  of  Astoria  du- 
rinj:  the  late  war.  an<l  theXootka  Sound  Tieaty, 
of  17!i(i. 

"  Such  an  oxhiliition  of  title,  said  Mr.  B.,  is 
ridiculous,  and  would  he  c<mtemptihle  in  the 
hands  of  any  other  power  than  that  of  (Jreat 
Britain.  Uf  the  live  p,roiinds  of  claini  which 
she  has  .set  np,not  one  of  them  is  tenable  a;;ainst 
the  slifrhtest  examination.  C(H»k  nevei'  saw. 
much  less  took  possession  of  any  part  of  the 
northwest  coast  of  America,  in  the  latitu<le  of 
tlie  Columbia  Kiver.  All  his  discoveries  were 
far  north  of  tliat  point,  and  not  one  of  them  was 
followed  np  by  possession,  without  which  the 
fact  of  di.scovery  would  confer  no  title.  1"he 
Indians  were  not  even  named  from  whom  tlie 
piii'clmses  are  .stated  to  have  l>een  made  anterior  I 
to  tlie  Ilevolutionary  AVar.  Not  a  sinj^le  parti- 
culai  is  given  which  could  identify  ix  transaction  | 
of  the  kind.  The  only  circumstance  mentioned 
applies  to  the  locality  of  the  Indians  supposed 
to  nave  made  the  sale  ;  and  that  circumstance 
invalidates  the  whole  claim.  They  are  .said  tr> ; 
have  resided  to  the  ' .vo/////' of  the  Columbia; 
by  con.sequcncc  they  did  not  reside  v/xid  it.  and 
could  have  no  light  to  sell  a  country  of  which 
tlicy  were  not  the  possessore. 

"  McKcnzie  was  sent  out  from  Canada,  in  the 
year   1793,  to  discover,  at  its  head,  the  river 
which  Captain  Gray  had  discovered  at  its  nioiith, 
three  years  before.     But  McKenzie  mi.ssed  the 
object  of  his  search,  and  struck  the  Pacific  five  , 
hundred  miles  to  the  north,  as  I  liavc  already  ! 
stated.    The  seizure  of  Astoria,  during  the  war, ; 
was  an  operation  of  arms,  conferring  no  more  ' 
title  upon  Great  Britain  to  the  Columbia,  than 
the  capture  of  Castinc  and  Detroit  gave  her  to , 


Maine  and  Michigan.  This  new  ground  of  claim 
was  >et  upl)y  .Mr.  Bagot,  his  Britannic  .Majesty's 
minister  to  this  republic,  in  1KI7,  and  xet  np 
ill  a  way  to  contradict  and  relinipiish  all  their 
other  pretended  titles.  Mr.  Bagot  was  nnion- 
st rating  against  the  occupation,  by  the  I'nited 
States,  of  the  Columbia  Kiver,  and  ivciting  that 
it  had  been  taken  possession  of,  in  his  Ahijesty's 
name,  during  the  late  war,  '  (Uid  hail  m.S(  k  hifu 
ro.NsimuKi)  anfiinniiKj  a  ititrt  itj  Inn  Mtiji.nt  i/n 
(h)iiiiitii')iii.  The  word  ^Hiiirr.''  is  exclusive  of 
all  previous  pretension,  and  tlie  Ghent  Treaty, 
which  stipulates  for  tlie  restoration  of  all  the 
ca|itured  posi. ,  is  a  complete  extinguisher  to  thi.<i 
idle  pretension.  Finally,  the  British  negotiator.s 
have  been  driven  to  lake  shelter  nmler  the  Noot- 
kii  Sound  Treaty  of  1790.  The  character  of 
that  treaty  was  well  understood  at  the  time  that 
it  was  miide,  and  its  terms  will  speak  for  tliem- 
selvi's  at  the  present  day.  It  was  a  treaty  of 
conces.siou,  and  not  of  ac(juisition  of  rights,  on 
the  part  of  Great  Itritain.  It  was  socharaeter- 
i/.ed  by  the  op]M)silion,  and  ,so  adiiiilted  to  be  by 
the  ministry,  at  the  time  of  its  communication  to 
the  Hritisli  I'arliaiiient. 

[Ilere  Mr.  B.  read  passages  from  the  speeches 
of  Air.  Fox  and  Mr.  I'itt,  to  juove  the  chaiiicter 
of  this  Treaty.] 

••  .Mr.  Fox  said,  '  What,  then,  was  the  extent 
of  our  rights  belbre  the  convention — (whether 
admitted  or  denie<l  by  Spain  was  of  no  conse- 
t|ueiiee) — and  to  what  extent  were  they  now 
secureil  to  lis  ?  We  possessed  and  exercised  the 
free  navigation  of  the  Pacitic  Ocvan.  without  re- 
straint or  limitation.  We  possessed  ami  exer- 
cised the  liglit  of  carrying  on  fisheries  in  the 
South  Seas  e(|ually  unlimited.  This  was  no 
barren  right,  but  a  light  of  which  we  had  avail- 
ed ourselves,  as  appeared  by  the  papers  on  the 
table,  which  showed  that  the  pro<luce  of  it  had 
increiised,  in  five  jears,  from  twelve  to  ninety- 
seven  thousand  pounds  sterling.  This  estate  we 
had.  and  were  daily  imiHoving;  it  was  not  to  be 
disgraced  by  the  name  of  an  acipiisition.  The  ad- 
mission of  part  of  these  rights  by  Spain,  was  ail  wo 
had  obtained.  Our  right,  before,  was  to  .settle  in 
any  part  of  the  South  or  Northwest  Const  of 
Aiiuricu,  not  fortified  against  ns  l)y  jirevions 
occupaiic}-;  and  we  were  now  restricted  to  settle 
in  coitain  places  only,  and  under  certain  restric- 
tioii-i.  This  was  an  important  concession  on  our 
|iait.  Our  rights  of  tishing  extended  to  the 
whole  ocean,  and  now  it,  too.  was  limited,  and  to 
be,  nirried  on  within  certain  distances  of  the 
Sjiani-h  settlements.  Our  right  of  making  set- 
tlements WHS  not,  as  now.  a  right  to  build  huts, 
but  to  plant  colonies,  if  we  thought  proper. 
Surely  these  were  not  ac(piisitions.  or  rather 
coiKiuests,  as  they  must  bo  considered,  if  we 
were  to  judge  by  the  triumphant  language  re- 
specting tlieni,  but  gix'ut  and  important  conees- 
.'ions.  By  the  thinl  article,  we  are  authorized 
to  ii.ivigate  the  Pacific  Ocean  and  South  Seas, 
unniolested,  for  the  purpose  of  cjiny'iig  on  our 
fisheries,  aud  to  laud  on  the  unsettled  coasts,  for 


ANNO  182fl.    JAMW  MONKOb;  I'KIvSlDKNT. 


53 


ifl  of  claim 
•  Majt'sty'a 
mil  Hit  up 
h  nil  thoir 
vus  niiioii- 
llif  I'liitid 
•citinj?  that 
4  Maji'Sty'rt 
siN(  K.  hren 

U'iiisivo  of 
L'lit  Treaty, 
of  all  thu 
slier  to  tliis 
ni'notiatoirt 
r  the  Noot- 
liaracter  of 
le  time  that 
k  for  them- 
a  treaty  of 
f  rights,  on 
oeliiiracter- 
1(1  to  he  by 
iinieatiou  to 

he  speeches 
le  character 

)  the  extent 
I — (whether 
[)f  no  conse- 
u  tlu'y  now 
xeicistd  the 
witiiont  re- 
l  ami  exer- 
eries  in  the 
lis  was  no 
e  had  avail- 
lers  on  the 
■e  of  it  had 
to  niiiety- 
i>  estate  we 
IS  n(»t  to  be 
The  ad- 
was  ail  wc 
to  settle  in 
(J oast  of 
)y  1  ire  V  ions 
,ed  to  settle 
ain  rcstric- 
;sion  on  our 
lied    to    the 
ited,  and  to 
ices  of  the 
uakinjr  set- 
build  huts, 
;lit    inojier. 
;.  or  rather 
red.  if  we 
»n(;na}re  re- 
aut  conces- 
authori/ed 
ioiith  ISeas, 
'11^  on  our 
coasts,  fi>v 


n. 


the  |iiir|K)sc  of  trading  with  tlie  nativen;  but, 
after  thin  jioni|ious  recognition  of  ri^ht  to  navi- 
(:ati(iii,  lisliery,  and  commerce,  comeH  another 
iiilii  le,  the  sixth,  which  takes  away  tho  rij;ht  of 
landing',  and  erecting  even  temporarv  ImtH,  for 
any  piir|Kise  but  that  of  carrying  on  the  fishery, 
and  anionntH  to  a  complete  dereliction  of  all 
rijrht  to  settle  in  any  way  for  the  luirpoKc  of 
coinniercc  with  the  nativcH.' — Hritim  Pmliii' 
vit'iiliiry  HiMorij.  Vol.  2H,  p.  '.I'.IO. 

"Mr.  I'itt.  in  reply.  '  llavui^  finishcHl  that 
part  of  Mr.  Fox's  spee<li  which  ir^irned  to  the 
npiinition,  Mr.  I'itt  proceeded  to  llic  next  point, 
namely,  that  (jenlleman'.s  ar^niiient  to  prove, 
that  the  other  articles  of  the  convention  were 
mere  concessions,  and  not  acipiisitions.  In  an- 
swiT  to  this,  Mr.  I'itt  maintained,  that,  tlioiifrh 
what  this  country  had  jrained  connsted  not  of 
new  rifrhtH,  it  certainly  diil  of  new  advantages. 
We  had,  before,  a  ri);ht  to  the  Southern  whale 
lishery,  and  a  rinht  to  navigate  and  carry  on 
fisheries  in  the  I'ncilic  Ocean,  and  to  tiade  on 
the  coasts  of  any  part  of  Northwest  America; 
but  that  rifiht  not  only  had  not  been  acknow- 
led;:ed,  but  disputed  and  resisted:  wherea.s,  by 
the  convention,  it  was  secured  to  us — a  circum- 
stance which,  tlioii^h  no  new  right,  was  u  new 
advantage.' — Sami'—\>.  10(»2. 

'•  Hut,  continued  Mr.  Benton,  we  nce«l  not 
take  tlie  character  of  the  treaty  even  from  tlie 
hif;h  autliority  of  these  rival  leaders  in  the  llrit- 
ish  Parliament.  The  treaty  will  speak  for  it.self. 
1  have  it  in  my  hand,  and  will  read  the  article 
relied  upon  to  sustain  tho  British  claim  to  the 
Columbia  River. 

"'AltTICLK  TIIIRP  OF  THE  NOOTKA  SOUND 
TKKATV. 

"'In  order  to  strengthen  the  lionds  of  fricnd- 
sliip,  and  to  preserve,  in  future,  a  [Kirfect  har- 
mony and  good  nnderstandinp;  between  tho  two 
contracting  partie.s,  it  is  agreed  that  their  re- 
spective subjects  shall  net  be  distuibed  or 
molested,  either  in  navigating  or  carr^-ing 
on  their  fisheries  in  the  Pacific  Ocean,  or  in 
the  South  Seas,  or  in  landing  on  ilie  coasts  of 
those  sea«  in  places  not  already  occupie<l,  for  the 
purpose  of  carrying  on  their  commerce  with  the 
niitive.s  of  the  country,  or  of  making  .settlements 
there ;  the  whole  subject,  nevertheless,  to  tho 
restrictions  and  provisions  specified  in  the  three 
following  articles.' 

"The  particular  clause  of  this  article,  relied 
upon  by  the  advocates  lor  the  Britisn  claim,  is 
that  which  gives  tho  right  of  landing  on  parts 
of  the  Northwest  Coast,  not  already  (iccnpied, 
for  the  purpose  of  carrying  on  commerce  and 
making  nettlemeiils.  The  first  inquiry  arising 
upon  this  clause  is,  whether  the  coast,  in  the 
latitude  of  the  Columbia  River,  was  unoccujiied 
at  the  date  of  the  :>>.jtka  Sound  Treaty  ?  The 
answer  is  in  the  affirmative.  The  second  is, 
whether  the  English  landed  upon  this  coast  while 
it  was  so  unoccupied  ?  The  answer  is  in  the 
negative  ;  and  this  answer  puts  an  end  to  all  pre- 
tension of  British  claim  founded  upon  tliis  treaty, 


without  having  us  under  tho  n<'c»'s«ity  of  recur- 
ring to  the  fact  that  the  tH>rmissi<in  to  liim/.  and 
to  nuilxf  Hitlhnniilx.  so  far  from  contem|ihiting 
an  acipiisition  of  territory.  wa.s  limited  liy  subst> 
ipient  restrictions,  to  the  i^rection  of  linipoiary 
liuts  for  the  iicisoiial  accommodation  of  fisher- 
men and  traders  only. 

"Mr.  B.  adverted  to  the  inconsistency,  on  tho 
part  of  (Jreat  Hiilain.  of  following  the  4!*th  par- 
allel to  the  Kocky  Mountains.  an<l  refusing  to 
follow  it  any  further,  lie  aflirmed  that  the 
iirinciple  which  would  make  that  )>aiall('l  a 
liouiiiliiry  to  tho  top  of  tho  niountiiin,  would 
carry  it  out  to  tho  l'a<'iflc  Ocean,  lie  proved 
this  oKHertion  by  recurring  to  the  origin  of  (hat 
line.  It  grew  out  of  the  treaty  of  I'trecht,  that 
treaty  which,  in  1704,  put  an  end  to  the  wars  of 
yuii'n  Anne  ami  Louis  the  XlVth  and  fixed  the 
iMiundaries  of  their  respective  dominions  in 
North  America.  The  tenth  article  of  that  treaty 
was  anplicable  to  Louisiana  and  to  Canada.  It 
jirovidi'd  that  commissioners  should  lie  apjioint- 
ed  by  tho  two  powers  to  adjust  the  boumlary 
between  them.  The  commissioners  were  ap- 
pointed, and  did  lix  it.  The  parallel  of  111  dc- 
grws  was  fixed  upon  as  the  common  houiidaiy 
from  the  Lake  of  the  Wood.s,  •'  Indijinilrlij  to 
the  Hint."  This  boumlary  was  ac(|iiicsced  in 
for  a  hundred  years.  By  proposing  to  follow  it 
to  the  Rocky  Mountains,  the  British  (lovern- 
nient  admits  its  validity  ;  by  lefusing  to  follow 
it  out,  they  become  obnoxious  to  the  charge  of 
inconsistency,  and  betray  a  deteiiniiiation  to  en- 
croach upon  the  territory  of  the  I'nitcd  States. 
for  the  undisguised  purjiose  of  selfish  aggrim- 
dizemcnt. 

"The  truth  is,  Mr.  President,  continued  Mr. 
B.,  Great  Britain  has  no  color  of  title  to  tho 
country  in  question.  She  sets  nji  none.  There 
is  not  a  paper  upon  the  face  of  the  earth  in 
which  a  British  minister  has  stated  a  claim.  I 
speak  of  the  king's  raiuister.s,  and  not  of  the 
agents  employed  by  them.  The  claims  we 
have  been  examining  are  thrown  out  in  the  con- 
vensations  and  notes  of  diplomatic  agents.  No 
English  mini.stcr  has  ever  put  his  name  to  them, 
and  no  one  will  ever  risk  his  character  as  a 
statesman  by  venturing  to  do  so.  The  claim  of 
Cireat  Britain  is  nothing  but  a  naked  pretension, 
founded  on  the  double  prospect  of  benefiting 
herself  nd  injuring  the  United  States.  The  fur 
trader,  Sir  Alexander  McKenzic,is  at  the  bottom 
of  this  polic}'.  Failing  in  his  attempt  to  explore 
the  Columbia  River,  in  1793.  he,  nevertheless, 
urged  upon  the  liritish  Government  the  advan- 
tages of  taking  it  to  herself,  and  of  expelling  tho 
Americans  from  tho  whole  region  west  of  the 
Rocky  Mountains.  The  advice  accorded  too 
well  with  the  passions  and  policy  of  that  govern- 
ment, to  be  disregarded.  It  is  a  government 
which  has  lost  no  opportunity,  since  the  peace 
of  '83,  of  aggrandizing  it.se!f  at  the  expense  of  the 
United  States.  It  is  a  government  which  listens 
to  the  suggestions  of  its  experienced  subjects, 
and  thus  an  individual,  in  the  humble  station  of 


I     ;  < 

;    I 
t    ! 


i- 


54 


XniRTY  YEARS'  VIEW. 


a  fur  trailer,  has  pointed  out  the  jwlicy  which    vide  or  alienate  cu'  territory  upon  it.    I  merely 
hn.s  been  pursue<l  by  every  Minister  of  Great '  state  them,  a?  d  k-avo  their  value  to  result  from 

Britain,  from  Pitt  to  OinniiiK. and  for  the  main-    .,  „      *•  i     m     i         „..*  „  p„„, ;  „ 

t.  r     u-  I  .      ^  ,  the  enumeration.      1.    lo  keep  out  a  loreicn 

tcnance  of  which  a  wur  is  now  menaced.  i  ,  ■,•  i 

'•For  a  boundary  ',ine  between  the  United    Power;  2.  To  gain  a  seaiwrt  with  a  military  and 
States  and  (Jreatliritain,  west  of  the  Mississippi,  [  naval  station,  on  the  coast  of  the  Pacilic;  3.  To 
McKenzie  proposes  the  latitude  of  45  degrees,  be- 
cause that  latitude  is  necessary  to  give  ilie  Co- 
lumbia llivcr  to  Great  Britain.     His  words  arc : 
"  Let  the  line  begin  where  it  may  on  the  ISlissis-  j 


sippi,  it  must  be  i;>- nuied  west,  till  it  termi- 
nates in  the  Pacihi;  Ocean,  lo  the  south  of  the 
Columbia.'' 

"  Mr.  B.  said  it  was  curious  to  observe  with 
what  closeness  every  suggestion  of  McKenzie 
had  been  followed  up  by  the  British  Govern- 
ment. He  recommended  that  the  Hudson  Bay 
and  Northwest  Company  should  be  united ;  and 
they  have  been  united.  He  proposed  to  extend 
the  fi'.r  trade  of  Canada  to  the  shore  of  the  Pa- 
cilic Ocean  j  and  it  has  been  so  extended.  He 
proposed  Jhat  a  chain  of  trading  posts  should  be 
formed  through  ti.c-  continent,  from  sea  to  sea ; 
and  it  has  been  formed.  He  recommended  that 
no  boundary  line  should  be  agreed  upon  with 
the  rni'etl  States,  which  did  not  give  the  Co- 
lumbia River  to  the  British;  and  the  British 
ministry  dechire  that  none  other  shall  be  formed. 
He  proposed  to  obtain  the  command  of  the  fur 


save  the  fur  trade  in  that  region,  and  preveni 
our  Indians  from  being  tampered  with  by  British 
traders;  4.  To  open  a  communication  for  com- 
mercial purposes  between  the  Mississippi  and 
the  Pacific ;  5.  To  send  the  lights  of  science  and 
of  religion  into  c-astcrn  Asia. 


CHAPTER    XXI. 

COMMENCEMENT  OF  MU.  ADAMriS  ADMINISTHA- 
TION. 


On  the  4th  of  March  he  delivered  his  inaugural 
address,  and  took  the  oath  of  office.  That  ad- 
dress— the  main  feature  of  the  inauguration  of 
every  President,  as  giving  the  outline  of  the  po- 
/ rule  from  latitude  45  degrees  north;  and  they  j  licy  of  his  administration— furnished  a  topic 

against  Mr.  Adams,  and  went  to  the  reconstruc- 
tion of  parties  on  the  old  line  of  strict,  or  h'titu- 
dinous,  construction  of  the  constitution.  It  was 
the  topic  of  internal  national  improvement  by 
the  federal  government.  The  address  extolled 
the  value  of  such  works,  considered  the  constitu- 
tional objection  as  yielding  to  the  force  of  argu- 
ment, eyprcascd  the  hope  that  every  si)eculativc 
(constitutional)  scruple  would  be  solved  in  a 
practical  blessing ;  and  declared  the  belief  that, 
in  the  execution  of  such  works  posterity  would 


liave  it  even  to  tlie  Mundan  villages,  and  the 
neiglihorlKxtd  of  tiie  Council  BIuHs.  Ilerecom- 
moiuled  the  eximisiou  of  Anu-iican  traders  from 
thf  wliole  region  west  of  the  Rocky  Moimtains, 
and  they  aie  e.\|)elleil  fi-om  it.  He  pioposetl  to 
command  tiie  commerce  of  the  Pacil'c  Ocean; 
and  it  will  he  conunaiuled  the  moment  a  British 
fleet  takes  position  in  the  mouth  of  the  Colum- 
bia. Besides  these  siK'cified  advantages,  McKen- 
zie alludes  to  other ';;o///u'a^  conaideratioiis,^ 
which  it  was  not  necessary  for  him  to  particu- 
larize. Doubtless  it  was  not.  They  were  suf- 
ficiently understood.  They  are  the  same  which 
induced  the  retention  of  the  northwestern  posts. 


in  violation  of  the  treaty  of  1783;  the  same  I  Jcrivo  a  fervent  gratitude  to  the  founders  of  our 
w?!'.ch  induced  the  acquisition  of  Gibraltar,  i  Union,  and  most  deeply  feel  and  acknowledge 
Maltii,  the  Cape  of  Good  Hope,  the  Islands  of    the  beneficent  action  of  our  government.    The 


Ceylon  and  Madagascar ;  the  same  which  makes 
Oreat  Britain  covet  the  possession  of  every  com- 
manding position  in  the  four  quarters  of  the 
globe." 

I  do  not  argue  the  question  of  title  on  the 


declaration  of  principles  which  wouiJ  give  so 
much  power  to  the  government,  and  the  danger 
of  which  had  just  been  so  fully  set  forth  by  Mr. 
Monroe  in  his  veto  message  on  the  Cumberland 


part  of  the  United  States,  but  only  state  it  as  i  road  bill,  alarmed  the  old  republicans,  and  gave  a 

new  ground  of  opposition  to  Mr.  Adams's  adminis- 
tration, in  addition  to  the  strong  one  growing  out 
of  the  election  in  the  House  of  Hopresentatives, 
in  which  the  fundamental  principle  of  represen- 
tative government  had  been  disregarded.  This 
new  ground  of  opposition  was  greatly  strength- 
ened at  the  delivery  of  wic  fust  annual  message, 
in  which  the  topic  of  internal  improvement  was 
again  largely  enforced,  other  subjects  rocom« 


founded  upon — 1.  Discovery  of  the  Columbia 
River  hj  Capt.  Gray  in  1790  ;  2.  Purchase  of 
Louisiana  in  1803  ;  3.  Discovery  of  the  Colum- 
bia from  its  head  to  its  mouth,  by  Lewis  and 
Clarke,  in  1803 ;  4.  Settlement  of  Astoria,  in 
1811;  5.  Treaty  with  Spain,  1819 ;  G.  Contigu- 
ity and  continuity  of  settlement  and  pt)ssession. 
^<or  do  I  argue  the  question  of  the  advantages 
of  retaining  the  Columbia,  and  refusing  to  di- 


by  Mr. 


ANNO  1825.    JOHN  QUINCY  ADAMS,  PRESIDENT. 


55 


I  merely 
suit  from 
&  foreign 
litary  and 
Ic ;  3.  To 
(1  prevcni 
)y  British 
for  cotn- 
isippi  and 
cjuuce  and 


)MINISTnA- 

i  inaugural 
Tlmt  ad- 
juration of 
!  of  the  po- 
ed  a  topic 
rcconstruc- 
;t,  or  li'titvi- 
on.    It  was 
ivemcnt  by 
!ss  extolled 
,he  constitu- 
■ce  of  argu- 
speculativc 
solved  in  a 
belief  that, 
rity  would 
iders  of  our 
iknowledgo 
ment.    The 
ii'  give  so 
the  danger 
prth  by  Mr. 
iJumberland 
I,  and  gave  a 
Is'sadminis- 
^rowing  out 
esentatives, 
bf  repreaen- 
■rded.     This 
lly  strcngth- 
lal  ujessiige, 
lenient  was 
l-cts  recom- 


mended which  would  require  a  liberal  use  of 
constructive  power.s,  and  Congress  informed  that 
the  President  had  accepted  an  invitation  from 
the  American  States  of  Spanish  origin,  to  send 
minist-TS  to  their  proposed  Congress  on  the 
Istiunus  of  Panama.  It  was,  therefore,  clear 
from  the  beginning  that  the  new  administration 
was  to  have  a  settled  and  strong  opposition,  and 
that  founded  in  principles  of  goveinment — the 
same  principles,  under  diOercnt  forms,  which 
had  di.scriminated  parties  at  the  commencement 
of  the  federal  government.  Men  of  the  old 
school — survivors  of  the  contest  of  the  Adams 
and  Jeflcrson  times,  with  some  exceptions,  divid- 
ed accordingly — the  federalists  going  for  Mr. 
Adams,  the  republicans  against  him,  with  ttie 
mass  of  the  younger  generation. 

In  the  Senate  a  decided  majority  was  against 
him,  comprehending  (not  to  speak  of  younger 
men  afterwards  become  eminent,)  Mr.  Macon  of 
North  Carolina,  Mr.  Tazewell  of  Virginia,  Mr. 
Yaa  Buren  of  New- York,  General  Samuel 
Smith  of  Maryland,  Mr.  Gaillard  of  South  Ca- 
rolina (the  long-continued  temporary  President 
of  the  Sen-iiie),  Dickersoi.  of  New  Jersey,  Gover- 
nor Edward  Lloyd  of  Maryland,  Rowan  of  Ken- 
tucky, and  Findlay  of  Pennsylvania.  In  the 
ilouse  of  Representatives  there  was  a  strong 
minority  opposed  to  the  new  President,  destined 
to  be  increased  at  the  first  election  to  a  decided 
majority :  so  that  no  President  could  have  com- 
menced his  administration  under  more  unfavor- 
able auspices,  or  with  less  expectation  of  a  pop- 
ular career. 

The  cabinet  was  composed  of  able  and  expe- 
rienced men — Mr.  Clay,  Secretary  of  State ;  Mr. 
Richard  Rush,  of  Pennsylvania,  Secretary  of  the 
Treasury,  recalled  from  the  London  mission  for 
that  purpose ;  Mr.  James  Barbour,  of  Virginia, 
Secretary  at  AVar  ;  Mr.  Samuel  L.  Southard,  of 
New  Jersey,  Secretary  of  the  Navy  under  Mr. 
Monroe,  continued  in  that  place  ;  the  same  of 
Mr.  John  McLean,  of  Ohio,  Postmaster  General, 
and  of  Mr.  Wirt,  Attorney  General — both  occu- 
pying the  same  places  resi)cctively  under  Mr. 
Monroe,  and  continued  by  his  successor.  The 
place  of  Secretary  of  the  Treasury  was  offered 
by  Mr.  Adams  to  Mr.  William  II.  Crawford, 
and  decline*!  by  him — an  offer  which  deserves  to 
be  commemorated  to  show  how  little  there  was 
of  personal  feeling  between  these  two  eminent 


citizens,  who  had  just  been  rival  candidates  for 
the  Presidency  of  the  United  States.  If  Mr. 
Crawford  had  accepted  the  Treasury  department, 
the  administration  of  Mr.  John  Quincy  Adams 
would  have  been  entirely  composed  of  the  same 
individuals  which  composed  that  of  Mr.  Monroe, 
with  the  exception  of  tlie  two  (himself  and  Mr. 
Calhoun)  elected  President  and  Vice-President ; 
— a  fact  which  ought  to  have  been  known  to  Mons. 
de  Tocqueville,  when  he  wrote,  that  "  Mr.  Quincy 
Adims,  on  his  entry  into  odice,  discharged  the 
majority  of  the  individuals  who  had  been  ap- 
pointed by  his  predecessor." 

There  was  opposition  in  the  Senate  to  the  con- 
firmation of  Mr.  Clay's  nomination  to  the  State 
department,  growing  out  of  his  support  of  Mr. 
Adams  m  the  election  of  the  House  of  Represen- 
tatives, and  acceptance  of  ollice  from  him ;  but 
overruled  by  a  majority  of  two  to  one.    The  af- 
firmative votes  were  Messrs.  Barton  and  Benton 
of   Missouri;    Mr.  Bell   of   New   Hampshire; 
Messrs.  Bouligny  and   Josiah   F.  Johnston  of 
Louisiana;    Messrs.  Chandler  and  Holmes   of 
Maine  ;  Messrs.  Chase  and  Seymour  of  Vermont ; 
Messrs.  Thomas  Clayton  and  Van  Dyke  of  Dela- 
ware; Messrs.  DeWolf  and  Knight  of  Rhoilo 
Island ;  Mr.  Mahlon  Dickerson  of  New  Jersey ; 
Mr.  Henry  W.  Edwards  of  Connecticut;  Mr. 
Gaillard  of  South  Carolina;  Messrs.  Harrison 
(the  General)  and  Ruggles  of  Ohio  ;  Mr.  Hen- 
dries  of  Indiana;  Mr.  Ellas  Kent  Kane  of  Illi- 
nois; Mr.  William  II.  King  of  Alabama;  Messrs. 
Edward  Lloyd  and  General  Samuel  Smith  from 
Maryland ;  Messrs.  James  Lloyd  and  Elijah  H. 
Mills  from  Ma.ssachusetts ;  Mr.  John  Rowan  of 
Kentucky;  Mr.  Van  Buren  of  New-York — 27. 
The  negatives  were :  Messrs.  Berrien  and  Thos. 
W.  Cobb  of  Georgia  ;  Messrs.  Branch  and  Ma- 
con of  North  Carolina ;    Messrs.  Jackson  (the 
General)  and  Eaton  of  Tennessee  ;  Messrs.  Find- 
lay  and  Marks  of  Pennsylvania ;  Mr.  Hayno  ot 
South  Carolina;    Messrs.   David  Holmes  and 
Thomas  A.  Williams  of  ^Mississippi ;  Mr.  Mcll- 
vaine  of  New  Jersey ;  Messrs.  Littleton  W.  Taze- 
well and  John  Randol))h  of  Virginia ;  Mr.  Jesse 
B.  Thomas  of    Illinois.     Seven  senators  were 
absent,  one  of  whom  (Mr.  Noble  of  Indiana) 
declared  he  should  have  voted  for  the  confirma- 
tion of  Mr.  Clay,  if  he  had  been  present ;  and  of 
those  voting  for  him  about  the  one  half  were  liia 
political  opponents. 


'  1 IBH 

i'rf 

i     i     - 

•I 


56 


THIRTY  YEARS'  VIKW. 


CHAPTER   XXII. 

0A8E  OF  MR.  LANMAN-TKMI'OIiAUy  SENATORIAL 
Al'l'UlNTMKNT  J'UOM  fONNlXTlCUT. 

Mr.  Lan.ma\  bad  served  a  rejrular  term  as 
senator  from  Connecticut.  His  term  of  service 
expired  on  the  ?,i\  of  March  of  tliis  year,  and  the 
General  Assenihly  of  tlic  State  havinj,'  failed  to 
make  an  election  of  senator  in  his  place,  he  re- 
ceived a  teinjiorary  nj)pointnu'nt  from  the  gov- 


The  election  was  the  regular  mode  of  the  con- 
stitution, and  was  not  to  be  superseded  by  an 
api»oiii(ment  in  any  casein  win'ch  the  legislature 
could  act,  whether  they  acted  or  not.  Some 
debate  took  lace,  and  precedents  were  called 
for.  On  m  /tion  of  Mr.  Eaton,  a  committee  was 
aj)i)ointed  to  search  for  them,  and  found  seven  i 
The  committee  consisted  of  Mr.  Eaton,  of  Ten- 
nessee ;  Mr.  Edwards,  of  Connecticut ;  and  Mr. 
Tazewell,  of  Virginia.  They  rci)orte<l  the  coses 
of  ^Villiam  Cooke,  of  Tennessee,  appointed  by 
the  governor  of  the  State,  in  April,  1797,  to  fill 
the  vacancy  occasioned  by  the  expiration  of  his 


ernor.     On  presenting  liunself  to  take  the  oath  of !  own  tenn,  the  3d  of  March  precc<ling;  of  Uriah 
office,  on  the  4th  day  of  ^larch,  being  tl;*}  first    Tracy,  of  Connecticut,  appointed  by  tlic  governor 


day  of  the  special  senatoiial  session  convoked  by 
the  retiring  President  (Mr.  Jlonroe),  according 


of  the  State,  in  February,  1801,  to  fill  the  va- 
cancy to  occur  upon  the  expiration  of  his  own 
to  usage,  for  the  inauguration  of  his  successor ; '  term,  on  the  .3d  of  March  following  ;  of  Joseph 
his  ap[)ointment  was  objected  to.  as  not  having  i  Anderson,  of  Tennessee,  appointed  by  the  gov- 
bcen  made  in  a  case  in  which  a  governor  of  a  j  ernor  of  the  State,  in  February,  1809,  to  fill  the 
State  could  fill  a  vacancj--  by  making  a  tempo-  '  vacancy  which  the  expiration  of  his  own  term 


rary  appointment.  :Mr.  Tazewell  was  the  prin- 
cipal si)cakcr  against  the  validity  of  the  appcint- 
mcnt,  arguing  against  it  both  on  the  word.s  of 
the  constitution,  and  the  rea.son  for  the  provi- 
sion. The  words  of  the  constitution  are:  "If 
vacancies  happen  (in  the  Senate)  by  resignation 
or  otherwi.se,  during  the  recess  of  the  legislature 
of  any  State,  the  executive  thereof  may  make 
temporary  appointments,  tmti!  the  next  meeting 
of  the  legislature."  "  Happen"'  wiis  held  by  Mr. 
Tazewell  to  be  the  goveiiiing  word  in  this  pro- 
vision, and  it  always  implied  a  contingency,  and 
an  unexpectcfl  one.  It  couM  not  ajiply  to  a 
foreseen  event,  bound  to  occur  at  a  fixed  period. 
Here  the  vacancy  was  foreseen ;  there  was  no 
contingency  in  it.  It  was  regular  and  certain. 
It  was  the  riglit  of  the  legislature  to  fill  it,  and 
if  they  failed,  no  matter  from  what  cau.se,  there 
was  no  right  iu  the  governor  to  supply  their 
omission.  The  rca-son  of  the  phraseology  was 
evident.  The  Assembly  was  the  appointing 
body.  It  was  the  regidar  authority  to  elect ' 
senators.    It  was  a  body  of  more  or  less  mem- ! 


would  make  on  the  4th  of  March  following;  of 
John  AVilliams,  of  Tennes.see,  apix)inte<I  by  the 
governor  of  the  State,  in  January,  1817,  to  fill 
the  vacancy  to  occur  from  the  expiration  of  his 
term,  on  the  ensuing  3d  of  March ;  and  in  all 
these  cases  the  persons  so  a])pointed  had  been 
admitted  to  their  seats,  and  all  of  tliem,  except 
iu  tlie  ca.se  cf  Mr.  Tracy,  without  any  question 
being  raised ;  and  in  his  case  by  a  vote  of  13  to 
10,  These  precedents  were  not  .satisfactory  to 
the  Senate  ;  and  after  considering  Mr.  I.anman's 
ca.sc,  from  the  4fh  to  the  7th  of  March,  the  mo- 
tion to  admit  him  to  a  seat  was  rejectc<l  by  a 
vote  of  2.>  to  18,  The  .senators  voting  in  favor 
of  the  motion  were  Jlessrs.  Bell,  Bouligny,  Cha.se, 
Clayton.  DeWolf,  Edwards,  Harrison  ((Jeneral), 
Hendricks,  .lohnston  of  Lousiana,  Kane,  Knight, 
Lloyd  of  MiLSsaohusetts,  Mcllvaine,  Mills,  Xoble, 
Rowan,  Seymour,  Thomas — 10,  Those  voting 
against  it  were  Messrs,  Barton,  Benton,  Berrien, 
Brani'h,  Chandler,  Dickerson,  Eaton,  Findlaj', 
(iaillard,  Hayne,  Holmes  of  Maine,  Holme  of 
'\ii.s.sissippi,  Jackson  ((icneral).  King  of  Ala- 
bama, Lloyd  of  Maryland,  Mark,s,  Macon,  Ilug- 


bers,  but  always  representing  the  whole  body 
of  the  State,  and  every  county  in  the  State,  and  gles.  Smith  of  Maryland,  Tazewell,  Van  Buren, 
on  that  account  vested  by  the  constitution  with  !  Vandyke,  William.s,  of  Mi.s.sissippi — 23  ;  and 
the  power  of  choosing  senators.  The  terms  choose  with  this  decision,  the  subsequent  practice  of 
and  elect  are  the  words  applied  to  the  legislative  '  the  Senate  has  conformed,  leaving  States  in  part 
election  of  senators.  The  term  appoint  is  the  or  in  whole  tnirepresented,  when  the  legislature 
word  applied  to  a  gubcr.natorial  api)ointment.  j  failed  to  fill  a  regular  vacancy. 


ANNO  1825.    JOHN  QUINCY  ADAMS,  PRESIDENT. 


57 


'  the  con- 
led  by  an 
legislature 
ot.    Some 
ere  called 
mittce  was 
id  scverf  i 
n,  of  Ten- 
;  and  Mr. 
1  the  oases 
pointed  by 
.797,  to  fill 
ition  of  his 
;;  of  Uriah 
ic  governor 
fill  the  va- 
of  his  own 
of  Joseph 
)y  the  gov- 
),  to  fill  the 
(  own  term 
lowing;  of 
ited  by  the 
1817,  to  fill 
ation  of  hid 
;  and  in  all 
>d  had  been 
hem,  except 
.ny  question 
^ote  of  13  to 
tist'iictory  to 
Ir.  Lanman's 
'h,  the  mo- 
ljccte<l  by  a 
iiig  in  favor 
[igny.  Chase, 
((Jeneral), 
ine,  Knight, 
dills,  Noble, 
Ihose  voting 
on,  Ik'rricn, 
m,  Findlay, 
Ilolme    of 
mg   of  Ain.- 
lacon,  llng- 
|Van  Burcn, 
— 2;i ;    ami 
priioticc  of 
:ates  in  part 
legislature 


CHAPTER    XXIII. 

EETIUINO  OF  MR.  KUFU3  KINO. 

In  the  summer  of  this  year,  this  gentleman  ter- 
minated a  long  and  high  career  in  the  legislative 
department  of  the  federal  government,  but  not  en- 
tirely to  quit  its  service.  lie  was  appointed  by 
tiie  new  President,  Mr.  John  Quincy  Adams,  to 
the  place  of  Minister  Plenipotentiiiry  and  Envoy 
Extraordinary  to  the  Court  of  St.  James,  the 
same  place  to  which  he  had  been  n])pointcd  thirty 
years  before,  and  from  the  same  place  (the 
Senate)  by  President  Washington ;  and  from 
which  he  had  not  been  removed  by  President 
Jefferson,  at  the  revolution  of  parties,  which 
took  place  in  1800.  lie  had  been  connected 
with  the  government  forty  years,  having  served 
in  the  Congress  of  the  Confederation,  and  in 
the  convention  which  framed  the  federal  con- 
stitution (in  both  places  from  his  native  State 
of  Massachusetts),  in  the  Senate  from  the  State 
of  New-York,  being  one  of  the  f^.^st  senators  from 
that  State,  elected  in  1789,  with  General  Philip 
Schuyler,  the  father-in-law  of  General  Hamilton. 
lie  was  afterwards  minister  to  Great  Britain, 
— again  senator,  and  again  minister — having,  in 
the  mean  time,  declined  the  invitation  of  Presi- 
dent Washington  to  be  his  Secretary  of  State. 
He  was  a  federalist  of  the  old  school,  and  the 
head  of  that  party  after  the  death  of  General 
Hamilton ;  and  when  the  name  discriminated  a 
party,  with  whose  views  on  government  and 
.systems  of  policy,  General  Washington  greatly 
coincided.  As  chief  of  that  party,  he  was  voted 
for  as  Vice-President  in  1808,  and  as  President 
in  1810.  lie  was  one  of  the  federalists  who 
snpjiorted  the  government  in  the  war  of  1812 
against  Great  Britain.  Opposed  to  its  declara- 
tion, he  went  into  its  support  as  soon  as  it  was 
declared,  and  in  his  place  in  the  Senate  voted 
the  measures  and  supplies  requiix'd ;  and  (what 
was  most  cs.sential)  exerted  himself  in  providing 
for  the  defence  of  his  adopted  State,  New-York 
(on  the  strength  and  conduct  of  wl  ioh  so  njiich 
then  depended)  ;  a'^sisting  to  raise  and  ccjuip  her 
volunteer  regiments  and  militia  (piotas,  and  eo-op- 
eruting  with  the  republican  leailers  ((Jov.  Tomp- 
kins and  Mr.  Van  Buren),  to  maintain  the  great 
State  of  New- York  in  the  strong  and  united 


position  which  the  war  in  Canada  and  repug- 
nan  :e  to  the  war  in  New  England,  rendered  es- 
sen'ial  to  the  welfare  of  the  Tuion.  Ili-story 
should  remember  this  patriotic  conduct  of  Mr. 
King,  and  record  it  for  the  beautiful  and  instruc- 
tive lesson  which  it  teaches. 

Like  Mr.  Macon  and  John  Taylor  of  Carolina, 
Mr.  King  had  his  individuality  of  character, 
manners  and  dress,  but  of  different  type ;  they, 
of  plain  country  gentlemen;  and  he,  a  high 
model  of  courtly  refinement.  He  always  ap- 
peared in  the  Senate  in  full  dress ;  short  small- 
clothes, silk  stockings,  and  shoes,  and  was  ha- 
bitually observant  of  all  the  courtesies  of  life. 
His  colleague  in  the  Senate,  during  the  chief 
time  that  I  saw  him  there,  was  Mr.  Van  Buren : 
and  it  was  singular  to  sec  a  great  State  represent- 
ed in  the  Senate,  at  the  same  time,  by  the  chiefs 
of  opposite  political  parties;  Mr.  Van  Buren 
was  much  the  younger,  and  it  was  delightful  to 
behold  the  deferential  regard  which  he  paid  to 
his  elder  colleague,  always  returned  with  mark- 
ed kindness  and  respect. 

I  felt  it  to  be  a  privilege  to  serve  in  the  Senate 
with  three  such  senators  as  Mr.  King,  Mr.  Ma- 
con, and  John  Taylor  of  Carolina,  and  was  anx- 
ious to  improve  such  an  opportunity  into  a  means 
of  benefit  to  myself.  With  Mr.  Macon  it  came 
easily,  as  he  was  the  cotemporary  and  friend  of 
my  father  and  grandfather  ;  with  the  venerable 
John  Taylor  there  was  no  time  for  any  intimacy 
to  grow  up,  as  we  only  served  together  for  one 
session  ;  with  Mr.  King  it  required  a  little  system 
of  advances  on  my  part,  which  I  had  time  to 
make,  and  which  the  mbanity  of  his  manners 
rendered  ea-s}'.  He  became  kind  to  me ;  readily 
supplied  nic  with  information  from  his  own  vast 
stores,  allowed  me  to  consult  him,  and  a.ssisted  me 
in  the  business  of  the  State  (of  who.se  admission 
he  had  been  the  great  opponent),  whenever  I 
could  .satist'y  hi.n  that  I  was  right, — even  down  to 
the  small  bills  which  were  entirely  local,  or  mere- 
ly individual.  More,  he  gave  me  proofs  of  real 
regard,  and  in  that  most  difficult  of  all  friendly 
ollices, — admonition,  coun.selling  against  a  fault ; 
one  instance  of  which  was  so  marked  and  so 
agreeable  to  me  (repioof  as  it  was),  that  I  im- 
mediately wrote  down  the  very  words  of  it  in  a 
letter  to  Mrs.  Benton  (who  was  tlien  absent 
from  the  city),  and  now  copy  it,  both  (o  do  hon- 
or to  an  aged  senator,  who  could  thus  act  a 
'  '■'father's "  part  towards  a  young  one,  and  be- 


!    |. 


'    i'l 


.^r^^f 


58 


THIRTY  YEARS'  VIEW. 


cause  I  am  proud  of  the  words  ho  used  to  me. 
The  letter  says : 

"Yesterday  (May  20th,  1824),  we  carried 
$175,000  for  iraprovinp;  the  navigation  of  the  Mis- 
fiissippi  and  the  Ohio.  I  made  a  good  speech, 
but  no  part  of  it  will  bo  published.  I  spoke  in 
7-ephj,  and  with  force  and  animation.  When  it 
was  over,  Mr.  King,  of  N.  Y.,  came  and  sat  down 
in  a  chair  by  mc,  and  took  hold  of  my  hand  and 
said  he  would  speak  to  me  as  a  father — that  I 
had  great  powers,  and  that  he  felt  a  sincere  pleas- 
ure in  seeing  me  advance  and  rise  in  the  world, 
and  that  he  would  take  the  liberty  of  warning 
me  against  an  cflect  of  my  temperament  when 
heated  by  opposition;  that  under  these  circumstan- 
ces I  took  nn  authoritative  manner,  and  a  look  and 
tone  of  defiance,  which  sat  ill  upon  the  older  mem- 
bers ;  and  advised  me  to  moderate  my  manner." 

This  was  real  friendship,  enhanced  by  the 
kindness  of  manner,  and  had  its  effect.  I  sup- 
pressed that  speech,  through  compliment  to  him, 
and  have  studied  moderation  and  forbearance 
ever  since.  Twenty-five  years  later  I  served  in 
Congress  with  two  of  Mr.  King's  sons  (Mr. 
James  Gore  King,  representative  from  New- 
York,  and  Mr.  John  Alsop  King,  a  representa- 
tive from  New  Jersey)  ;  and  was  glad  to  let 
them  both  see  the  sinctio  respect  which  I  had 
for  the  memory  of  their  father. 

In  one  of  our  conversations,  and  upon  the  for- 
mation of  the  constitution  in  the  federal  conven- 
tion of  1787,  he  .said  some  things  to  me  wliich,  1 
think  ought  to  be  remembered  by  future  genera- 
tions, to  enable  them  to  appreciate  justly  those 
founders  of  our  government  who  were  in  favor 
of  a  stronger  organization  than  was  adopted. 
He  said :  "  You  young  men  who  have  been  born 
since  the  Revolution,  look  with  horror  uj)on  the 
name  of  a  King,  and  upon  all  propositions  for  a 
strong  government.  It  was  not  so  with  us. 
Wo  were  born  the  subjects  of  a  King,  and  were 
accustomed  to  subscribe  ourselves  'His  Majesty's 
most  faithful  subjects ; '  and  we  began  the  quar- 
rel which  ended  in  the  Revolution,  not  against 
the  King,  but  against  his  parliament;  and  in 
making  the  new  government  ninny  propositions 
were  submitted  which  would  not  bear  di.icus- 
sion  ;  and  ought  not  to  he  quoted  against  their 
authors,  being  offered  for  consideration,  and  to 
bring  out  opinions,  and  which,  lliough  behind 
the  opinions  of  tliis  day,  were  in  advance  of  tliose 
of  that  day." — These  things  were  said  chiefly  in 


relation  to  General  Hamilton,  who  had  submit- 
ted propositions  stronger  than  those  adopted, 
but  nothing  like  those  which  party  spirit  attri- 
buted to  him.  I  heard  these  words,  I  hope,  with 
profit ;  and  commit  them,  iu  the  same  hope,  to 
after  generations. 


CHAPTER  XXIV. 

REMOVAL  OF  THE  CREEK  INDIANS  FROM 
GEORGIA. 

By  an  agreement  with  the  State  of  Georgia  in 
the  year  1802,  the  United  States  became  bound, 
in  consideration  of  the  cession  of  the  western 
territory,  now  constituting  the  States  of  Alabama 
and  Mississippi,  to  extinguish  the  remainder  of 
the  Indian  title  within  her  limits,  and  to  remove 
the  Indians  from  the  State ;  of  which  large  and 
valuable  portions  were  then  occupied  by  the 
Creeks  and  Cherokees.  No  time  was  limited 
for  the  fulfilment  of  this  obligation,  and  near  a 
quarter  of  a  century  had  passed  away  without 
seeing  its  full  execution.  At  length  Georgia,  seeing 
no  end  to  this  delay,  became  impatient,  and  just- 
ly so,  the  long  delay  being  equivalent  to  a  breach 
of  the  agreement ;  for,  although  no  time  was 
limited  for  its  execution,  yet  a  reasonable  time 
was  naturally  understood,  and  that  incessant  and 
faithful  endeavors  should  be  made  by  the  United 
States  to  comply  with  her  undertaking.  In  the 
years  1824-'25  this  had  become  a  serious  ques- 
tion between  the  United  States  and  Georgia — 
the  compact  being  but  partly  complied  with — and 
Mr.  Monroe,  in  the  last  year  of  his  A<lministra- 
tion,  and  among  its  last  acts,  had  the  satisfaction 
to  conclude  a  treaty  with  the  Creek  Indians  for 
a  cession  of  all  their  claims  in  the  State,  and  their 
removal  from  it.  This  was  the  treaty  of  the 
Indian  Springs,  negotiated  the  12th  of  February, 
1825,  the  famous  chief.  Gen.  Wm.  McInto.sh,  and 
some  fifty  other  chiefs  signing  it  in  the  presence 
of  Mr.  Crowell,  the  United  States  Indian  agent. 
It  ceded  all  the  Creek  country  in  Georgia,  and 
also  several  millions  of  acres  in  the  State  of  Ala- 
bama. Complaints  followed  it  to  Washington  as 
having  been  concluded  by  Mcintosh  without  the 
authority  of  the  nation.  The  ratification  of  the 
treaty  was  opposed,  but  finally  carried,  and  by 


'■  M 


ANNO  1826.    JOHN  QUINCY  ADAMS,  PRESIDENT. 


59 


1(1  submit- 
3  adopted, 
spirit  attri- 
hope,  with 
ke  hope,  to 


IS  FROM 

Georgia  in 
;amc  bound, 
tlio  western 
of  Alabama 
.'maindcr  of 
d  to  remove 
:h  largo  and 
)ied  by  the 
wa.s  limited 
and  near  a 
way  withotit 
!orgia,  seeing 
nt,  and  just- 
t  to  a  breach 

10  time  was 
lonablc  time 
ncessant  and 

tlie  United 
ng.  In  the 
tcrions  qucs- 
1  Georgia — 

11  with— and 
,dministra- 
iatisfaction 

Indians  for 
Ite,  and  their 
I'caty  of  the 
if  February, 
Jntosh,  and 
he  presence 
idian  agent. 

corgia,  and 
;tatc  of  Ala- 

ihington  as 
Iwithout  the 

iion  of  the 

led,  and  by 


tlic  strong  vote  of  34  to  4.     Disappointed  in  their 
opposition  to  the  treaty  at  Washington,  the  dis- 
contented party  became  violent  at  home,  killed 
Mcintosh  and  another  chief,  declared  forcible  re- 
sistance to  the  execution  of  the  treaty,  and  pre- 
pared to  resist.     Georgia,  on  her  part,  determin- 
ed to  execute  it  by  taking  possession  of  the  ceded 
territory.    The  Government  of  the  United  States 
felt  itself  bound  to  interfere.     The  new  Presi- 
dent, Mr.  Adams,  became  impressed  with  the 
conviction  that  the  treaty  had  been  made  with- 
out due  authority,  and  that  its  execution  ought 
not  to  be  enforced  ;   and  sent  Gen.  Gaines  with 
federal  troops  to  the  confines  of  Georgia.     All 
Georgia  was  m  a  flame  at  this  view  of  force,  and 
the  neighltoring  States  sympathized  with  her. 
In  the  mean  time  the  President,  anxious  to  avoid 
violence,  and  to  obtain  justice  for  Georgia,  treat- 
ed further;   and  assembling  the  head  men  and 
chiefs  of  the  Creeks  at  Washington  City,  conclu- 
ded a  new  treaty  with  them  (January,  182G)  ; 
by  which  the  treaty  of  Indian  Springs  was  an- 
nulled, and  a  substitute  for  it  negotiated,  ceding 
all  the  Creek  lands  in  Georgia,  but  none  in  Ala- 
bama,   This  treaty,  with  a  message  detailing  all 
tiie  difficulties  of  the  question,  was  immediately 
communicated  by  the  President  to  the  Senate, 
.nnd  by  it  referred  to  the  Committee  on  Indian 
AHairs,  of  which  I  was  chairman.    The  "jommit- 
tce  reported  against  the  ratification  of  the  treaty, 
camcstly  deprecated  a  collision  of  arms  between 
tlio  federal  government  and  a  State,  and  recom- 
mended further  negotiations — a  thing  the  more 
easy  as  the  Creek  chiefs  were  still  at  Wa.shing- 
ton.    The  objections  to  the  new  treaty  were : 

1.  That  it  annulled  the  Mcintosh  treaty;  there- 
by implying  its  illegality,  and  apparently  justify- 
ing the  fate  of  its  authors. 

2.  Becaiisc  it  did  not  cede  the  whole  of  the 
Creek  Jands  in  Georgia. 

S.  Ikoausc  it  ceded  none  in  Alabama. 

Further  negotiations  according  to  the  recom- 
mendation of  the  Senate,  were  had  by  the  Pres- 
ident; and  on  the  31st  of  March  of  the  same 
year,  a  sujjplemental  article  was  concluded,  by 
which  all  the  Creek  lands  in  Georgia  were  ce<led 
to  her ;  and  the  Creeks  within  her  Ixnilers  bound 
to  emigrate  to  a  new  home  Iwyond  the  Missi.ssip- 
pi.  The  vote  in  the  Senate  on  ratifying  this  new 
treaty,  and  its  supplemental  article,  was  full  and 
emphatic — thirty  to  seven:  and  the  .seven  nega- 
tives all  Southern  senators  favorable  to  the  object, 


but  dissatisfied  with  the  clause  which  annulled 
the  Mcintosh  treaty  and  imjilied  a  censure  upon 
its  authors.     Northern  senators  voted  in  a  body 
to  <lo  this  great  act  of  justice  to  Georgia,  re- 
straimnl    by  no  imworthy    feeling  against    the 
growth  and  prosperity  of  a  slave  State.     And 
thus  was  carried  into  effect,  after  a  delay  of  a 
quarter  of  a  century,  and  after  great  and  just 
complaint  on  the  part  of  Geoigiii,  the  compact 
between  that  State  and  the  United  States  of  1802. 
Georgia  was  paid  at  last  for  her  great  cession  of 
territory,  and  obtained  the  removal  of  an  Indian 
community  out  of  her  limits,  and  the  use  and 
dominion  of  all  her  soil  for  settlement  and  juris- 
diction.   It  was  an  incalculable  a<lv«ntage  to  her, 
and  sought  in  vain  under  three  successive  SDuthern 
Presidents — Jefferson,  Madison,  Monroe — (who 
could  only  obtain  part  concessions  fiom  the  In- 
dians)— a. ".;  now  accomplished  umler  a  Northern 
President,  with  the  full  concurrence  ami  support 
of  the  Northern  delegations  in  Congress :  for  the 
Northern  representatives  m  the  House  voted  the 
appropriations  to  carry  the  treaty  into  efiict  as 
readily  as  the  senators  had  vote<l  the  ratification 
of  the  treaty  itself.     Candid  men,  friends  to  the 
hannony  and  stability  of  this  Union,  should  re- 
member these  things  when  they  hear  the  North- 
ern States,  on  accoimt  of  the  conduct  of  some 
societies  and  individuals,  charged  with  unjust 
and  criminal  designs  towards  the  South. 

An   incident  which  attended  the   negoliiition 
of  the  supplemental   article   to   tiie   treaty  of 
January  deserves  to  be  connneiuonited,  as  an 
instance  of  the  frauds  which  may  attend  Indian 
negotiations,  and  fur  which   there   is  so   little 
chance  of  detection   by  either  of  the  injured 
parties, — by  the  Indians  themselves,  or  by  the 
federal  government.    When  the  Presitlent  sent 
in  the  treaty  of  January,  an<l  after  its  njection 
by  the  Senate  became  certain,  thereby  leaving 
the  federal  government  and  Georgia  u]M)a  the 
jHjint  of  collision,  I  urged  u|Kjn  ]Mr.  James  IJar- 
bour,  the  Secretary  at  War  (of  whose  depart- 
ment the  Indian  OtHcc  was  then  a  branch)  the 
necessity  of  a  supplemental  article  ceding  all  the 
Creek  lands  in  (ieorgia;  and  assure(l  him  that, 
with  that  additional  article,  the   treaty  would 
1h)  ratified,  and  the  question  settled.    The  Secre- 
tary was  very  willing  to  do  all  this,  but  sai<l  it 
was  imjK).ssible, — that  the  chiefs  would  not  agree 
to  it.     I  recommended   to  him  to  make  them 
some  presents,  so  as  to  overcome  their  opposi« 


60 


THIRTY  YEARS'  VIEW. 


,  I'    ' 


ii 

tion ;  which  he  most  innoccntlj'  declined,  liccausc  , 
it  woulil  savor  of  hril)eiy.  In  the  mean  time 
it  mid  heen  cnmmuiiiciitod,  to  me,  that  the 
treaty  already  made  was  itself  the  work  of 
great  hril)ery ;  the  sum  of  !f?l('.(».nO()  out  of 
^2I7,0()(),  which  it  stipulated  to  tlic  Tn-ek  na- 
tion, as  u  first  payment,  heinj^  a  fund  for  private 
distrihulion  amonp  the  chiefs  who  negotiated 
it.  Havinp  received  this  infunnation.  I  felt  quite 
sure  that  the  fear  of  the  rejection  of  the  treaty, 
and  the  conse'j"ent  loss  of  these  §100,1)00,  to  the 
negotiating;  chiefs,  would  insure  their  assent  to 
the  sup]ileinental  article  without  the  inducement 
of  further  presents.  I  had  an  interview  with 
the  leading  chiefs,  and  made  known  to  them  the 
inevitable  fact  that  the  Senate  would  reject  the 
treaty  as  it  stood,  but  woidd  ratify  it  with  a 
supplemental  article  ceding  all  their  lands  in 
Georgia.  With  this  information  they  agreed  to 
the  additional  article :  and  then  the  wliole  was 
ratified,  as  T  have  already  stated.  IJut  a  further 
work  remained  behind.  It  was  to  balk  the 
fraud  of  the  corrupt  distribution  of  $100,000 
among  a  few  chiefs;  and  that  was  to  be  done 
in  the  appropriation  bill,  and  by  a  clause 
directing  the  whole  treaty  money  to  be  jiaid 
to  tlie  nation  instead  of  the  chiefs.  The  case 
was  commimicated  to  tlic  Senate  in  secret  ses- 
sion, and  a  committee  of  confi'renco  appointed 
(Messrs.  Henton,  A'an  IJurc-n,  and  Berrien)  to 
agree  with  the  .iou.se  committee  u|X)n  the  pro- 
per cla'i.se  to  be  put  into  the  appropriation  I>i!i. 
It  was  also  communicaied  to  the  .urretary  at 
AVar.  He  sent  in  a  re|)ort  froiTi  Mr,  McKinney, 
the  Indian  bureau  clerk,  and  actual  negotiator  (»f 
the  treaty,  admitting  the  fact  of  the  inteniled 
private  distribution;  which,  in  fact,  cotdd  not  be 
denied,  as  I  held  an  original  paper  showing  the 
names  of  all  the  intended  recipients,  with  the 
sum  allowed  to  each,  beginning  at  Iii!20,fltt0  and 
ranging  down  to  iftSOOO :  and  that  it  was  done 
with  his  cognizance. 

Some  extracts  from  speeches  delivered  on 
that  occasion  will  well  finish  this  view  of  a  trans- 
action which  at  one  time  threatened  "l-iolence 
between  a  State  and  the  federal  goverin«icnt. 
and  in  which  a  great  fraud  in  an  Indian  treaty 
was  detected  and  frustrated. 

EXTRACTS  KHOM  TIIK  SPKICCKKS  IN  TIIK  SENATK 
AND  IN  TIIK  IIOUSK  OK  KEI'KESKNTATIVES. 

'•  Mr.  Van  Hiiren  said  he  shoidd  state  the  cir- 
cumstances of   this  case,  and  the  views  of  the 


committer  of  conference.  A  treaty  was  made 
in  this  city,  in  which  it  was  stipulated  on  the 
part  of  the  Tnitid  States,  that  (S^^T.IKMl.  to- 
gether with  an  annuity  of  S^* '.<"•"  a  year, 
and  other  considerations,  should  be  paid  lo  the 
Creeks,  as  a  consideration  for  llie  c.\tiiigui.>.hmeut 
of  their  title  to  lands  in  the  State  of  (Jeorgia. 
which  the  I'nited  States,  imder  the  cession  of 
180'i,  were  under  oldigations  to  c.\tini;tiish.  The 
bill  iiimi  the  other  Ilou.se  to  carry  this  treaty 
into  ellect.  directed  that  the  money  should  be 
paid  and  distribute<l  among  the  chiefs  and  war- 
1  riors.  That  bill  came  to  the  Senate,  and  a  con- 
I  tidential  conmumication  was  made  to  the  Senate, 
i  from  which  it  ap|)enred  that  strong  suspicions 
1  were  entertained  that  a  design  existed  on  tlic 
'  part  of  the  chiefs  who  m.'ide  the  treaty,  to  jirac- 
tisc  a  fraud  on  the  Creek  nation,  by  diviiling  the 
money  aniongst  themselves  and  associates.  .\n 
amendment  was  propo.sed  by  the  Senate,  which 
provided  for  the  payment  of  those  moneys  in 
the  usual  way,  and  the  di.stribution  of  them  in 
the  usual  manner,  and  in  the  usual  pioportion 
to  which  the  Indians  were  entitled.  That 
amendment  was  sent  to  the  other  llmiso.  who, 
unadvised  as  to  the  facts  which  were  known  to 
the  Senate,  refused  to  concur  in  it.  and  aske  i  a 
conference.  The  conferees,  on  the  piirt  of  the 
Senate,  comnnmicated  their  suspicions  to  the 
conferees  on  the  part  of  the  House,  and  asked 
them  to  unite  in  an  application  to  the  Depart- 
ment of  War,  i^)r  inforivtion  on  the  subject. 
i  This  was  accordingly  done,  and  the  tlociiments 
sent,  in  answer,  were  a  letter  from  tiie  Secre- 
tary of  War,  and  a  re|M)it  by  Mr.  McKenney. 
From  that  re|iort  it  appeared  clear  and  .satisfac- 
tory, tliat  a  de.sign  thus  e.visted  on  the  [tart  of 
the  Indians,  by  whom  the  treaty  was  negotiated, 
to  distribute  o"f  the  .'ii;"247.00(l  to  be  paid  lor  the 
cession  by  the  I'nited  States.  If};l,'i!>.7.')0  among 
themselves,  and  a  fow  favorite  chiefs  at  home, 
ami  three  Cherokee  chiefs  who  had  no  interest 
in  the  property.  Kidge  and  \'ann  were  to  re- 
ceive by  the  original  treaty  .SSOOO  each.  IJy 
this  agreement  of  the  distribution  of  the  money 
each  was  to  receive  .'$1'».(»00  more,  making 
iSl'O.OOd  for  each,  Kidge,  the  father  of  Kidgc 
who  is  here,  was  to  receive  .'ij;ltl,(iOO.  The  other 
i«!l00.000  was  to  be  distributed,  .■jjl.'iOOO,  and,  in 
some  instances.  .'ijllO.OOO  to  the  chiefs  who  nego- 
tinted  the  treaty  here,  varying  from  one  to  ten 
thousand  dollars  each. 

•'  Mr.  V.  IJ.  saiil,  in  his  judgment,  the  char- 
octer  of  tlie  government  was  involved  in  this 
suliject,  and  it  woulil  require,  under  the  circum- 
stances of  this  case,  that  they  should  take  every 
step   they  could   rightfully   take   to   exculpate 
themselves  from  having,  in  any  degree  or  form, 
wncurred  in  this  fraud.     The  "sentiment  of  tlie 
Atnerican  people  where  ho  lesiderl  was,  find  had 
been,  highly  excited  on  this  subject;  tliey  had 
I  apphuideil.  in  the  most  ardent  manner,  the  /.ed 
niJinifested  by  the  government  to  preserve  tlieiii- 
I  selves  pure  in  their  negotiations  with  tlie  Imliaiis ; 
I  and  though  he  was  satisfied — though  he  deemed 


was  made 
ti'<l  on  t!ic 
:47.(MM).  U>- 
I'l  a  yenr. 
jmid  lo  the 
njriii^liiiicnt 
of  (iooif^in. 

(Tssion  of 
i^uisli.  The 

this  treaty 
-  slioiild  he 
fs  and  wur- 
:.  and  a  ron- 
)  tho  Sonate. 
i;  snsjiicions 
isti'd  on  the 
ity.  to  prno 
<livi<hnt;  the 
Delates.  An 
LMiate.  which 
i  moneys  in 

of  thcin  in 

I  proportion 
tic.i.  That 
House,  who, 
•e  known  to 
and  askc  i  a 

part  of  the 

.'ions   to   the 

e.  and   asked 

•  tlie  Dejiart- 

tlic  sulijict. 

e  (lociiments 

n  I  lie  Secre- 

McKenney. 

land  satisfac- 

the  [lart  of 

s  nefjotiated, 

psiid  for  tlie 

>,7r)(l  among 

fs  at  home, 

II  no  interest 
were  to  re- 
»  each.  15y 
f  tlie  money 
()rc,  making 
ler  of  Jiidge 

The  other 
)()()(>,  and,  in 
s  who  nego- 
ono  to  ten 

it,  the  char- 
^ved  in  this 

the  cirouni- 
Id  take  every 
1.0  excnipate 
Lree  or  form, 
jnuiit  of  tlui 

i°as,  iiiid  li:iil 
J't;  they  liad 
■ner.  the  Zi'il 
lescrve  tlielii- 

1  ilie  liiiliiin.>: 
th  he  deeniuil 


ANNO  1826.    JOHN  QUINCY  ADAM9,  PRISIDENT. 


61 


it  impossible  to  sn|)iiosc  for  a  moment  that 
government  conld  have  conntenanced  the  prac- 
tice of  tlii.s  fraud,  yet  there  were  Ciroum.stance.s 
in  the  ca.se  wliich  recjuired  exculpation.  Between 
the  negotiation  of  the  treaty  and  the  negotiation 
of  the  supplementary  article  on  which  Ihe  treaty 
was  Hnally  adopted,  all  these  circumstances  were 
communicated  to  the  Department  of  War  by  the 
two  Cherokcs,  Mr.  V.  l\.  said  it  was  net  his 
nurjjose,  bcciu.so  the  necessity  of  the  case  ('.id  not 
require  it,  to  say  what  the  Secretary  cf  AVar 
ought  to  have  done,  or  to  censure  what  .'le  d.d 
do.  when  the  information  was  given  to  liim.  He 
hail  known  him  many  years,  and  there  was  not 
an  honester  man,  or  a  man  more  devoted  to  his 
country,  than  Jhat,  gentleman  was.  Mr.  V.  H. 
said  it  was  not  lisr  him  to  liave  .said  what  .should 
have  been  the  cour.se  of  the  Pivsident  of  the 
United  States,  if  the  information  had  been  given 
to  him  on  the  sidyect.  It  could  not  fail  to  make 
a  mortifying  and  most  injurious  impression  on 
the  minds  of  the  peojile  of  this  country,  to  find 
that  no  means  whatever  were  taken  for  the 
euppres.sion  of  this  fraud.  There  wa.s,  and 
there  ought  to  be.  an  excitement  on  the  subject 
in  tho  public  mind." 

"  Mr.  Henton  .said,  that  after  the  explanation 
of  the  views  of  the  committee  of  conference 
which  had  beeii  given  by  the  senator  from  New- 
York  (Mr.  V.  n  IJuren),  he  would  limit  him.self 
to  a  statement  of  fact,-,  on  two  or  three  jwints, 
on  which  referen^crf  had  been  ma<le  to  his  jx-'r- 
sonal  knowledge. 

••The  Secretary  of  War  had  referred  to  him,  in 
his  letter  to  tho  committee,  as  knowing  the  fact 
that  the  Secretary  had  refused  to  give  private 
gratuities  to  the  Creek  chiefs  to  promote  the 
success  of  tho  negotiation.  The  reference  was 
correct.  Mr.  M.  Iiad  himself  recommended  the 
Secretary  to  do  .so  ;  it  was,  however,  alxxit  forty 
days  cfter  the  treaty  had  been  signed.  He  re- 
ferred to  a  paper  which  fixed  the  date  to  tho 
')th  or  Kith  of  March,  and  the  treaty  had  been 
signed  in  the  month  of  January  preceding.  It 
was  done  at  the  time  that  Mr.  H.  had  ollered  his 
services  to  pracure  the  supplemental  article  to 
be  adopted.  The  Secretary  entirely  condemned' 
the  practice  of  giving  these  gratuitie>  Mr.  B. 
said  he  had  recomniended  it  as  the  v  nly  way 
of  treating  with  barbarians ;  that,  if  not  grati- 
fied in  this  way,  the  chiefs  would  pn)long  the 
ne;rotiati(m,  at  a  great  daily  ex|K>nse  to  the  gov- 
ernment, until  they  got  their  gratuity  in  one 
way  or  oti  ir.  or  defeated  the  treaty  altogether. 
He  considered  the  practice  to  lie  sanctioned  b)- 
the  usage  of  the  United  State."! :  he  believed  it 
to  lie  common  in  all  barbarous  nations,  and  in 
many  that  were  rivilized ;  and  referreil  to  the 
iirticle  in  the  federal  constitution  against  re- 
ceiving ^' preufnts"  fi-oin  foreign  |>ower.s,  as  a 
proof  that  the  convention  thought  such  a  re- 
striction to  be  necessnrv.  even  among  ourselves. 

'Tho  lime  at  which  Mr.  H.  had  otl'ered  his  ser- 
vices to  aid  this  negotiation,  had  ap|)i'ared  to  him 
to  be  eminently  critical,  and  bij;  with  consequences 


which  ho  was  anxious  to  avert.  It  was  after 
the  committee  had  resolved  to  report  against  the 
new  treaty,  and  before  they  had  made  the  report 
to  the  Senate.  The  decision,  whatsoever  it  might 
be,  and  the  consequent  discu.ssion.s,  crimination.*^ 
an<l  recrimination.s,  were  calculated  to  bring  on 
a  violent  struggle  in  the  Senate  itself;  between 
the  Senate  and  the  E.xecutive;  perhaps  between 
the  two  Houses  (for  a  reference  of  the  subject 
to  both  would  have  taken  place) ;  and  between 
one  or  more  States  and  the  federal  government. 
Mr.  H.  had  concurred  in  the  re|)ort  against  the 
new  treaty,  because  it  divested  (Jeoi^gia  of  vested 
rights ;  and,  though  objectionable  in  many  other 
rcsiwcts,  he  was  willing,  for  the  sake  of  |)eace, 
to  ratify  it,  provided  the  vested  rights  of  ( Jeorgia 
were  not  invaded.  The  .supi)lemental  article  had 
relieved  him  upon  this  point.  He  thought  that 
(Jeorgia  had  no  further  cau.se  of  dissatisfaction 
with  the  treaty ;  it  was  Alabama  that  was  injure.l 
by  the  loss  of  some  millions  of  acres,  which  she 
had  acquired  under  the  treaty  of  IH^f),  and  lost 
under  that  of  1^20.  Her  ca.sc  commanded  his 
regrets  and  sympathy.  She  had  lost  tho  right 
of  jurisdiction  over  a  considerable  extent  of  ter- 
ritory ;  and  tho  advantages  of  K'ttling,  cultivat- 
ing!;, and  taxing  tho  same,  were  postponed  ;  but, 
he  iioijcd,  not  indefinitely.  But  the.se  were  con- 
arquenliul  advantages,  resulting  from  an  act 
which  tho  government  was  not  bound  to  do ; 
anil,  though  tho  loss  of  them  was  an  injury,  yet 
this  injury  coidd  not  be  con.sidered  as  a  violation 
of  vested  rights;  but  tho  circumstance  certainly 
increased  the  strength  of  her  claim  to  the  total 
extinction  of  the  Indian  titles  within  her  limits; 
and,  he  trusted,  would  have  its  duo  ell'ect  upon 
the  rjovernmcnt  of  the  United  States. 

••  The  third  and  last  point  on  which  Mr.  II. 
thought  references  to  his  name  had  made  it 
])roper  for  him  to  give  a  statement,  related  to  the 
circumstance  which  had  induced  the  Senate  to 
make  the  amendment  which  had  be<'ome  the 
subject  of  the  conference  between  the  two 
Hou.ses.  He  had  him.self  come  to  the  knowledge 
of  that  circumstance  in  the  last  days  of  Ajiril, 
.some  weeks  after  the  supplemental  article  had 
been  ratified.  Ho  had  deemed  it  to  be  his  duty 
to  communicr.te  it  to  the  Senate,  and  do  i.  in  a 
way  that  would  avoid  a  groundless  agitation  of 
the  public  feeling,  or  unjust  reflections  iqion  any 
individual,  white  or  red,  if.  i)eradventure,  hia 
information  .should  turn  out  to  have  been  un- 
true. He  therefore  communicated  it  to  tho 
Senate  m  secret  ses.sion ;  and  the  ed'ect  of  tho 
information  was  immediately  nnmifested  in  tho 
unanimous  determination  of  the  Senate  to  adopt 
the  amendment  which  was  now  mider  considera- 
tion. He  deemed  the  amendment,  or  one  that 
would  ell'ect  the  same  object,  to  be  called  for  by 
the  circiunstances  of  the  case,  and  the  relative 
state  of  the  panics.  It  was  apparent  that  a  few 
chiefs  were  to  liave  an  imdue  pro])ortion  of  the 
money — they  hai  ix'alized  what  he  had  foretold 
to  the  Secretary  ;  and  it  was  certain  that  tho 
knowledge  of  this  whenever  it  should  be  found 


\A 


62 


THIRTY  YKARS'  VTEW, 


<u 


¥^ 


out  liy  till'  nation.  wmiM  w(  iision  disturlmnccs, 
aivl.  pciiiHps.  lilcvdslicil.  He  thoiifilit  timt  the 
I'niti'cl  Stall's  sliinilil  pn-vi'iit  tlii'siM'onsi'fUH'nces, 
Jiy  pri'viiitint;  tin-  cause  of  thiiu,  and,  for  this 
purpose,  he  would  roiwur  in  any  aintiidnicnf 
that  would  I  fli'ct  a  fairdistrihution  of  tlic  money, 
or  any  distr  hiition  tliat  was  agreeahlc  to  the 
nation  in  open  rouusil.  " 

Mr.  Herrifti :  '■  Vou  liavo  arrived  at  the  la.st 
ncene  in  the  jiri'sent  act  of  the  preat  jwhtical 
drama  of  tlie  Cr  xk  controversy.  In  its  progress, 
you  liave  seen  two  of  tiie  .sovereign  States  of  the 
Ameiican  Confeieration — es|K'eiaily,  you  liuvo 
seen  one  of  those  State.x,  whicii  has  always  hecn 
faitldul  and  forward  in  the  ihscharRe  of  lier 
duties  to  this  I'nioii.  driven  to  the  wail,  hy  tii 
comhined  force  of  tlie  adminii  iition  'ipi  its 
m!  '"s  con."Jstius  of  a  portidP  oft  ■  'rucV  \ui.  on, 
and  ci-rtiun  Cherokee  o'oinati.-l  ,  ffiUitrto,  i.- 
the  discussions  hefore  the  Senate  <u  ihis  HuLv.-'t, 
I  have  imposed  a  resivaint  ii_  n  J>  v  ■  'h  ;  '- 
injrs  under  the  infhieuce  of  motives  'iv'kh  lia\  • 
now  ceased  to  oiK-rate.  It  was  my  first  duty  t> 
obtain  an  acknowledgment,  on  this  floor,  of  the 
rights  of  (Jeorgia,  repressing,  for  that  purpose, 
even  the  story  of  her  wrongs.  It  was  my  first 
duty,  sir,  and  I  have  sacrificed  to  it  every  other 
consideration.  As  a  motive  to  forbearance  it  no 
longer  exists.  The  rights  of  ( Jeorgia  have  been 
prostrated. 

'■  Sir,  in  the  progress  of  that  controversy, 
whicli  has  grown  out  of  the  treaty  of  the  Indian 
Springs,  the  peojile  of  tieorgia  have  been  grossly 
and  wantonly  calumniated,  and  the  nets  of  the 
administration  have  assisted  to  give  currency  to 
these  calumnies.  Iler  chief  magistrate  has 
ln-en  traihiced.  The  solemn  act  of  her  legisla- 
ture has  bei  set  at  naught  bv  a  rescript  of  the 
federal  Kxec  five.  \  military'  force  has  been 
quartered  o  i  her  l)Oiders  to  coerce  her  to  sub- 
mission ;  an  I  without  a  trial,  without  the  privi- 
lege of  Ix'itii;  lieard,  without  the  .semblance  of 
evidence,  slit  has  been  deprived  of  rights  .secured 
to  her  by  the  solemn  stipulations  of  treaty. 

'■  When,  in  obeilience  to  the  will  of  the  legis- 
lature of  (Jeorgia,  her  chief  magistrate  had  com- 
jiiunicated  to  the  President  his  determination 
to  survey  the  ceded  territory,  his  right  to  do  so 
wa'^  a<Imitted.  It  was  declared  by  the  President 
that  the  act  would  be  'wholly'  on  the  res])()nsi- 
biiity  of  the  government  of  (Jeorgia.  anil  that 
'the  (Jovernment  of  the  Inited  States  would  ! 
not  be  in  any  manner  responsible  for  any  conse-  ' 
t|ueiux's  which  might  result  from  the  mensure.* 
AVhen  his  willingness  to  encounter  this  responsi- 
bilit}'  was  announced,  it  was  met  by  the  declara- 
tion that  the  President  woiihl  '  not  permit  the 
survey  to  be  made,'  and  he  was  referred  to  a 
,'najor-general  of  the  army  of  the  I'nited  States, 
niid  .')ne  thou.san  I  regulars. 

'•  yiie  murder  of  Mcintosh — the  defamation 
of  the  thief  magi.stmte  of  (Jeorgia — the  menace  ' 
of  milita.y  force  to  coerce  her  to  submission — 
were  follo\ed  by  the  tiailuction  of  two  of  her 
cherished  cit/'.eu.s,  employed  as  the  agents  of  the  j 


ncncrni  (Jovcrnmint  in  negotiating  the  treaty — 
gentlemen  who.«e  integrity  will  not  slnink  fronj  k 
comparison  with  thai  of  tlie  proudest  and  loftiest 
of  their  accii.sers.     Then  the  sympathies  of  the 
jH'ople  of  the  I'nion  were  excited  in  In-half  of  •  the 
children  of  tlie  forest,'  who  were  rejircscnted  as 
indignantly  spurning  the  gold,  which  was  offered 
to  entice  them  from  the  graves  of  their  fathers, 
and  resolutely  determined  never  to  abandon  them. 
The  incidents  of  the  |)lot  being  thus  [ircpared,  the 
!  afl'air  hastens  to  its  consummation.    A  new  treaty 
is  negotiated  here — a  pine  and  .tj.ulli'.m  trcufi/. ' 
j  The  rights  of  (Jeorgia  ami  of  .Alabama  are  .sacri- 
ficed ;  the  United  States  obtain  a  part  of  the  lands, 
ami  pay  double  the  amount  stii)nlated  liy  the  old 
treaty  ;  and  those  jioor  and  noble,  and  unsoplii^- 
ticated  sons  of  the  forest,  I.".'"ig  sui.ve.lid  in 
im[)osing  mi  the  si.  plicity  of  this  government, 
.lext  concert,  under  its  eye.  and  with  its  know- 
ledge, the  means  of  defrauding  their  own  constitu- 
ents, the  chiefs  and  warriors  of  the  t'reek  nation. 
"  Foi  their  agency  in  exciting  the  Creeks  to 
>.'st  the  former  treat}',  and  in  deluding  this 
go\ernmeiit    to  annul    it,    t/irrr    Clurokpcs — 
liidi^ii,  \'(iiin,(iii(l  the  father  (i/'lht'J'oniitr — are 
to   receive   koutv    Tiiors.wn    doi.i.aus    of  the 
money  sti|)ulated  to  be  paid  by  the  I'nited  States 
to  ihe  chiefs  of  the  rVrcA"  nation ;  and  the  goveiii- 
ment,  when  informed  of  the  projected  framl.  deeint; 
itself  jKiwerless  to  avert  it.    Nay.  when  iip|iri.sed 
by  30ur  ainendmenl,  that  you  had  also  detected 
it,  that  governnient  does  not  hesitate  to  interpose, 
by  one  of   its  high  functionaries,  to  resist  your 
procceiling.  by  a  singular  fatuity,  thus  giving  its 
countenance  and  support  to  the  ccnimi.ssion  of 
the  fraud.      Sir,  I  s|K>ak  of  what  has   pa.s.seil 
before  your  eyes  even  in  this  hall. 

"One  fiftli  of  the  whole  purchase  money  is  to 
bo  given  to  Ihire  Chfrnkees.  Ti;n  tiiois.wi) 
1)01, i.A lis  reward  one  of  the  lieroes  of  J'oit 
Minis — a  boon  wliich  it  .so  well  becomes  us  to 
bestow.  A  few  chosen  favorites  divide  among 
them.selves  upwards  of  onk  iirNi)i!i:i)  .\ni)  hfiv 
Tiioi'SA.vi)  nor, I, Alls,  leaving  a  iiitt.nni'C  for  liistri- 
bution  among  the  great  body  of  the  chiefs  and 
warriors  of  the  nation. 

"  l!iit  the  administration,  though  it  condemns 
the  fraud,  thinks  that  we  have  no  power  to  pre- 
vent its  consummation.  AV'liat.  sir.  have  we  no 
power  to  see  tlifit  our  own  treaty  is  carried  into 
ell'ect  ?  Have  we  no  interest  in  doing  so  ?  Have 
we  no  power  '  We  have  stipulated  for  the  pay- 
ment of  two  liundred  and  forty-.seven  thousand 
dollars  to  the  chiefs  of  the  Creek  nation,  to  lir 
di.ilrihiitiil  aiinnig  the.  chiejK  nut/  irarrioi's  of 
that  mdion.  \f,  not  the  dittrihutioii  part  of 
the  contract  as  well  as  the  payuiriil?  We  know 
that  a  few  of  those  chiefs,  in  fraudulent  violation 
of  the  rights  .secured  by  that  treaty,  are  aixnil 
to  appropriate  this  money  to  tliemselves.  Are 
we  jMiwerless  to  prevent  it?  Nuy.  must  wo. 
too,  suffer  ourselves  to  Ik*  made  the  conscious 
instruments  of  its  consummation  ?  We  have 
made  a  bargain  with  a  .savage  tribe  .vhich  you 
choose  to  dignify  with  the  name  cf  a  treaty. 


concermi 

sent,  or 

eyes.     V 

them  art 

have  the 

their  con 

wo  n'  t  tl 

hone  'Ay 

hOD'stv.  < 

tho  I- .iiti 

know^   iir 

triistei  tl 

"  w  .  F 

tive>  .'    ai( 

inte  Med  I 

the  Secre 

chiefs  con 

sisti'd  by 

had  coinbi 

those  of  n 

three  fourl 

the  sec(-:iil 

gin.     The 

although  I 

second  con 

and  from  t 

to  carry  it 

were  perfei 

ment  by  t 

is  called  tl 

Thomas  L. 

soiii"  stran 

frai.d,  after 

before  they 

ed.  by  an  ai 

success  of  t 

IIou.se,  ent 

suspecting  t 

jected  it.  in; 

and  a  coniin 

CDiilerred  or 

ascertained 

mittees,  thei 

the  great  po 

ry  of  the  del 

tribe.     The 

sion.  i.s,  how 

—how  .shall 

the  abomiuii 

unprincipled 

jiosed  by  the 

plan  i.s,  to  \ 

ilivided  amo 

the  direction 

council  of  tli^ 

Siippo.se  the 

bi'fore  them, 

under  the  <Ii 

may  not  the 

the  money,  as 

and  how' will 

the  claim?   'I 

ceive  that  th 

the  bribe.     T 

high  as  live 


mi: 


ANXO  1820.     JOHN  QUIXCY  ADAMS,  TRESIDEXT. 


63 


10  treaty — 
link  rri>ni  k 
iind  loftiest 
I  lies  of  tlio 
luilfof -tho 
iiesented  as 
was  oH'ered 
leir  fatluTS, 
milon  tliiin. 
repared,  the 
,  niw  treaty 
/e..«  irciity.' 
la  are  sacri- 
i>f  llu"  lau'ls. 
(1  l.y  the  old 
id  iiiisoj)hi- 
;il(.'re.lril   in 
povernuunt. 
th  its  know- 
wiiconstitu- 
'rerk  nation. 
i-   Creeks  to 
cludinji  this 
Chrnikpvg — 
fanmr — are 
.Alts    of  the 
'iiited  States 
I  the  fiovern- 
fraud.  deein<! 
hen  apitrised 
also  (letecteil 
to  interpo'ie, 
p  resist  your 
us  pivin.u:  its 
niniission  of 
has    passed 

money  is  to 

N      riKllS.WI) 

)e8  of  Fort 
•oines  us  to 
ivide  aniouir 

I)  AND  Kll-rY 

ice  for  distri- 
le  ehiefs  and 

it  rondenins 
low  er  to  pre- 

have  we  no 

earried  into 
Icj;  so  ?    Have 

for  the  jiay- 
IfU  thousand 

nation,  /o  (ii\ 
I  irarridiK  nj 
\lit)ii  ])art  of 

■?  We  know- 
lent  violation 
J.V.  an-  ahoul 
Iselves.  Are 
Iv.  must  we. 
Iho  conseions 
I?  We  have 
(Vhieli  you 

I  of  a  treaty, 


coiieerninp  wliom  we  lepislnte  with  their  con- 
sent, or  without  it.  as  it  seems  pood  in  our 
eyes.  We  know  that  .some  ten  or  twenty  of 
them  are  ahout  to  cheat  the  remainder.  We 
Imvc  tho  means  in  our  hands,  without  wliich 
their  corrupt  purpose  cinnot  be  effected.  Have 
wo  n-  t  the  ri"ht  to  sec  that  our  own  harpain  is 
lioti''  '<'  fuliilied?  Consist(  utly  wi'h  coininon 
hon  ean  we  put  tie  co.isidern  ion  money  of 
tho  .  traet  into  the  lian<1  of  those  who  we 
lf'm\r  ire  nlmut  to  di-fraud  tlio  people  who 
tnistei   them?    Hir.  (,.e  projwsition  is  al)surd. 

•'  M  .  For>'y*h  (of  tho  IIoiiko  of  lleprcsentn- 
tivc' )  aid:  iV  stupendous  fraud,  it  seen'  ,  was 
into  'ted  hy  tlic  delepation  who  h.wl  formed,  witli 
•J  till'  Secretary  of  War  *he  jw  contract.  Tlie 
chiefs  compos. .ip  the  t  reek  diplomatic  train,  as- 
sisted by  their  Cherokee  .secretaries  of  legation, 
had  combined  to  put  ii.u)  their  own  jwckets.  and 
those  of  a  few  select  friends,  somewhere  about 
three  fourths  of  the  first  payment  to  be  ma<le  for 
the  scc(>:id  cession  of  tho  lands  lying  in  (Jeor- 
pin.  The  f\icts  connected  with  this  transaction, 
althouph  concealed  from  the  Senate  when  the 
.second  contract  wa.s  Iniforc  them  for  ratification, 
and  from  the  IIou.so  wheu  the  appropriation  bill 
to  carry  it  into  effect  was  under  consideration, 
were  perfectly  understood  at  the  War  Depart- 
ment by  tho  Secretary,  and  by  his  clerk,  who 
is  called  the  head  of  the  Indian  IJureau  (Mr. 
Thomas  I,.  McKinncy).  The  Senate  havinp.  by 
son>"  stranpe  fortune,  discovered  tlio  intended 
fraiid,  after  the  ratification  of  the  contract,  and 
before  they  acted  on  tho  appropri  ition  bill,  wish- 
ed, by  an  amendment  to  tJie  bill,  to  prevent  the 
success  of  the  profitable  scheme  of  villany.  The 
IIou.se,  entirely  ipnorant  of  the  facts,  and  not 
siispeetinp  the  motive  of  the  amendment,  had  re- 
jected it.  insisted  uiM)n  their  disapreenient  to  it, 
and  a  connnittce  of  the  two  Houses,  as  usual,  had 
conferred  on  the  subject.  Now,  that  the  facts  are 
ascertained  by  tho  separate  rejMirts  of  the  (^)m- 
miltees,  there  can  be  no  difTerence  of  opinion  on 
the  preat  point  of  defeating  the  inteniled  treache- 
ry of  the  delepation  and  secretaries  to  the  Creek 
tribe.  The  only  matter  which  can  bear  discus- 
sion, is,  how  shall  the  treachery  be  pvmished  ? 
— how  .shall  the  ('reek  tribe  1)0  protected  from 
the  abominable  designs  of  their  worthless  and 
unprincipled  agents?  Will  the  amendment  jiro- 
poscd  by  the  committee  reach  their  object  ?  The 
plan  is,  to  pay  the  money  to  the  chiefs,  to  be 
divided  among  the  chiefs  and  warriors,  imder 
the  direction  of  the  Secretary  of  ^\'a^.  in  a  full 
council  of  the  nation,  convened  for  the  purixise. 
Suppose  the  council  in  .solemn  session,  the  money 
befoix!  them,  and  the  ilivisiou  about  to  be  made, 
under  the  direction  of  the  Secretary  of  War — 
ni.\v  not  the  chiefs  and  their  .secictaries  claim 
the  money,  as  |iromiseil  to  them  under  the  treaty, 
and  how  will  the  Secretary  or  his  agent  resist 
the  claim?  They  assented — the  House  will  per- 
ceive that  the  only  difficulty  was  the  amount  of 
the  bribe.  The  .Secretary  was  willing  to  go  as 
high  as  live   thou.saud  dollars,  but  could   not 


stretch  to  ten  thousand  dollars.  Notwithstand- 
ing the  assent  of  the  Cherokees,  ami  the  declara- 
tion of  the  Swretary,  that  five  thousand  dollars 
each  was  the  extent  that  they  could  be  allowed, 
Kiilge  ami  Vann,  after  the  treaty  was  signed,  and 
before  it  was  acted  on  by  the  Senate,  or  submit- 
ted to  that  bodv,  brought  a  i)a|)er.  the  precious 
lis,  of  the  [iricf  f  each  traitor,  for  the  inspection 
and  information  of  the  head  of  the  bureau  ami 
the  head  of  the  department ;  and  what  answer 
d;  they  reeeive  from  both  V  The  hea<l  of  tho 
'iureau  saiil  it  was  their  own  alTiiir.  The  Secre- 
tary said  he  presumerl  it  was  their  own  affair. 
IJut  I  ask  this  Hou.se,  if  the  engagement  for  tho 
live  thousand  dollars,  and  the  li.st  of  the  .sums  to 
be  distributed,  may  not  be  claimed  as  part  of  this 
new  contract?  If  these  persons  h.ive  not  a  right 
to  claim,  in  the  face  of  the  tribe,  these  sums,  as 
promiseil  to  them  by  their  (Jreat  Father?  Ay, 
sir ;  and,  if  they  are  |K)werful  enough  in  tho 
trilK.',  they  will  enforce  their  claim.  I'nder  what 
jiretext  will  your  Secretary  of  War  direct  a  dil^ 
i'erent  di.siwsition  or  <livision  of  (Ik'  ,  ••  after 
his  often  repeated  declaration,  'it  .  •  tin  o'.rn 
affair' — tho  affair  of  tlu'  delepa("i  <  sir, 

so  happily  has  this  business  l)een      >na;5i  •  «,  tho 
.seat  of  govermnent,  imder   tl, '    Kx>  "utive  eye, 
that  this  division  which  the  nc,    iiifor    projM)sed 
to  make  of  the  spoil,  may  be  tenned.     j)ivt  (Ttho 
consideration  of  the  contract ,     It  must  be  con- 
fessed   that   the.'-e   exfjuisite    .     Sat     dors  were 
quite  lilieral  to  themselves,  tlu      s   -retaries,  and 
particular   frienils :  one  hundred   itinl   fifty-nino 
thousaml  .seven  hundred  dollars,  to  be  divided 
among  .some   twenty   jK'isons,   is   pretty    well ! 
What  name  shall   we  give   to  this   division  of 
!  money  amonp  them?     To  call  it  a  bribe,  would 
I  shiK'k  the  delicacy  of  (he  AVar  |)c|i:irtment.  and 
j  possibly  offend  those  pcntle  spirited  politicians, 
who  resemble  Cown-r's   preachers.  •  who  tould 
^  not  mention  hell  to  ■  ars  polite.'     The  transcend- 
1  cut  criminality  of  this  design    c.-iimot    be  well 
j  understood.,  without  recillin;;  to  reiollcction  tho 
I  dark  ami  bloody  scenes  of  the  year  past.     Tho 
j  chief  .Mcintosh,  distinpui.shed  at  all  times  by  hi.s 
courape  ;iiid  ticvolion  to  the  wliitis.  deriving  his 
I  name  of  the  ^Vhite  Warrior,  from  his  mixed  jia- 
rentage,  h.id  formed,  with   his  party,  the  treaty 
of  the  Indian  Springs.     He  wjis  'Icnounced  fiir  it. 
His  midi>ight  sleep  was  broken  by  the  crackling 
flames  of  his  (hvclling  burning  over  his  head. 
Kscaping  from  the  flames,  he  w.is  shot  down  by 
a  paity  acting  under  the  orders  of  the  persons 
who  accused  iiim  of  iK^traying.  for  his  own  selfi'-,h 
puriMLses.  the  interest  of  the  tribe.     Tho.se  who 
condemne<l  that  chief  the  incendi:-.::-.:-.  muI  tho 
murderers,  are  the  iKv'otiatoi---  of  this  new  con- 
tract ;  the  one  iiundr.  d  and  fifty-nine  thousand 
dollars,  is  to  be  the  '-iiit  of  their  victory  over  the 
assassinated  chief.     What  evidence  of  fraud,  and 
.selfishness,  and  treachery,  has  red  or  white  malice 
Ix'cn  able  to  e\hil)it  against  the  dead  warrior? 
.\  reservation  of  land  for  him.  in  the  contract  of 
ISiJl.  was  sidd  by  him  to  the  rniled  States,  for 
twenty-live  thousand  dullai.s ;  a  price  he  could 


:^r*%-^ 


% 


64 


THIRTY  YEARS'  VIEW. 


';i 


.  p,; 


have  ()l>t)iiiio(l  Troin  individiials,  if  \m  title  liml 
Ih-'cii  •liTiiifd  st'ciiro.  'I'liis  siilo  of  |)r()|K.'rty  jrivi'ii 
f.()  liiiii  liy  till'  tribt!.  was  tin*  foniiilatioii  of  tin- 
ciiliiiiitiiu.s  that  liavc  Itouii  lic-ii|ii-(l  u|ioii  liis  ini'iiin- 
ry.  and  tlio  faiisc  wliicli,  in  tlu-  vyvA  of  our  ad- 
iiiiiiistiatioii  nt'ws|m|n'r editors.  scriijIdLTs.  and  rt'- 
vifwi'is,  JustitltMl  his  oxccntion.  Now,  sir.  tho 
cxcciitiom'rs  are  to  ho  rowardud  hy  piilaniiif;  the 
piil(ii<!  Treasury.  I  look  with  some  curiosity  for 
the  niili;inant  denunciations  of  this  accidentally 
discovered  treachery.  Perhaps  it  will  he  dis- 
covei-od  that  all  this  new  Itusiness  of  the  Creeks 
is  '  their  own  allair.'  with  which  the  white  editors 
and  reviewers  have  nothing  to  do.  Fortunately, 
Mr.  F.  said,  Con^tress  had  .something  to  do  with 
this  allair.  We  owe  a  justice  to  the  trihe.  This 
aniendnieut.  he  feared,  would  not  do  Justice.  The 
jiower  of  t'onitress  sliould  he  exerte(i,  not  only  to 
Keep  the  money  out  of  the  IkuhIs  of  these  wretch- 
es, hut  to  secure  a  faithful  and  e(pial  distrihution 
of  it  aiuoMf;  the  whole  Creek  nation.  The  whole 
trihe  holil  the  land;  their  title  hy  occuiKincy 
resides  in  all ;  all  are  rightfully  claimants  to  equal 
tmrtions  of  the  price  of  their  removal  from  it. 
J'he  coinilry  is  not  aware  how  the  Indian  amnii- 
ties  are  distrihuted,  or  the  moneys  paid  to  the 
triU's  disposed  of.  They  are  divided  according 
to  the  discretion  of  tlie  Indian  povernment.  com- 
pletely aristocratical — all  the  itowers  vested  in  a 
few  chiefs.  .Mr.  F.  had  it  from  authority  he 
could  not  douht,  that  the  Creek  annuities  had, 
for  years  past,  heen  divided  in  very  nne<iu!il  pro- 
portions, not  among  the  twenty  thousand  .«<ouls 
of  which  the  trihe  was  helieved  to  he  com|H)sed, 
hut  among  ahoiit  one  thousand  live  hundied 
chiefs  and  wairior.s. 

•■^Mr.   Forsyth  expressed    his   hope  that   the 
House  would  reject  the  report  of  the  committee, 
liefore  takiiiL;  his  seat,  he  asked  the  indulgence 
of  the  iloiise.  while  lie  maile  a  lew  comments  on 
this  list  of  worthies,  and  the  prices  to  he  yui'  to 
each.     ,\t  the  head  of  the  list  stands  Mr.  'vidj^e, 
with  the  sum  of  .'$15,000  opiiosite  to  his  elevateil 
name.     This  man  is  no  Creek,  hut  a  Cherokee, 
oducaird  among  the  whites,  allied  to  them  hy 
marriage — has  received  les.sons  in  Christianity, 
molality,  and  .sentiment — jjcrfectly  civili/ed,  ac- 
conling  to  the  rules  and  customs  of  Cornwall. 
This  negotiation,  of  which  lie  has  heen,  either  as 
actor  or  instrument,  the  |)rincipal  manager,  is  an 
admirahle  proof  of  the  henelits  lie  has  derived 
from  his  residence  among  u  moral  and  religious 
people.     Viinn.  another    i'herokce,  half  savage 
and  liuif  civili/i>d,  succeeds  him  with  $15,0(11) 
bounty.     A   (uw   inches   below  comes  another 
Itidge,  the  major,  father  to  the  .secretary — a  gal- 
lant old  follow,  who  did  some  .service  against  tlio 
liostile  Creeks,  during  the  late  war,  for  which  ho 
tie.servcd   and   received    acknowledgments — hut 
what  claims  he  had  to  this  Creek  money,  Mr.  F. 
could  not  coniprehcud.     Probably  his  name  was 
iised  merely  to  cover  another  gratuity  for  the 
son,  whose  mo<]esty  would  not  permit  him  to  ^ 
take  moro  than  $15,000  in  his  own  name.  These  ' 


Cherokees  were  togetlier  to  receive  $40,000  of 
Crick  money,  and  the  Secretary  of  War  is  of 
opinion  it  is  ipiite  consistent  with  the  contract, 
which  |irovides  fur  the  distrihution  of  it  among 
the  chiefs  and  warriors  of  the  Creeks.  Look. 
sir,  at  the  distinction  miule  for  these  extpiisites. 
Yo|K»thIe  ^'oholo,  whose  word  (ieneral  (Jaines 
would  take  against  lh<'  congregated  world,  is  set 
down  for  hut  ^lO.dOO.  The  i-ittle  Prince  but 
iSlo.OOO.  Flven  Menawee,  distinguished  as  he  is 
as  the  leader  of  the  party  who  murdered  Mcintosh 
and  Ktoini'  Tustiinnuggee — as  one  of  the  accur^ed 
band  who  butchered  three  hundiet]  men,  women, 
and  children,  at  Fort  Minis— has  but  $10,000l 
A  distinguished  lied  Slick,  in  these  days,  when 
kindness  to  Indians  is  shown  in  projiortion  to 
their  op|)osition  to  the  |iolicy  of  the  (ieneral  Cov- 
ernment,  might  have  expected  better  treatment 
— only  ten  thousand  dollars  to  our  enemy  in  war 
and  in  peace!  Kut,  sir,  I  will  not  detain  the 
House  longer.  I  should  hold  niy.self  criminal  if 
I  had  exposed  these  things  unnecessarily  or  use- 
lessly. That  patriotism  only  is  lovely  which, 
imitating  the  lilial  piety  of  the  .sims  of  the  Patri- 
arch, seeks,  with  averted  face,  to  cover  the  naked- 
ness of  the  country  from  the  eye  of  a  vulgar  and 
invidious  curiosity.  Hut  the  commands  of  puhlic 
duty  must  he  obeyed ;  let  those  who  have  im- 
posed this  duty  upon  us  answer  for  it  to  the 
jK'ople." 

'•  Mr.  Tatnall.  of  Geo.  (II.  U.)  lie  was  as  con- 
lldeiit  as  his  colleagues  could  be,  that  the  foulest 
fraud  had  heen  piojec^ted  by  .some  of  the  individ- 
uals calling  themselves  a  part  of  the  Creek  dele- 
gation, anil  th.il  it  was  known  to  the  depart- 
ment of  war  before  the  ratidcationof  the  treaty, 
anil  was  not  comniunieated  b}-  that  dcpartnunt 
to  the  .Senate,  either  hefore  or  during  the  jien- 
dency  of  the  consideration  of  the  treaty  by  that 
body.  Mr.  T.  said  he  would  not,  however,  for 
the  reasons  just  mentioned,  dwell  on  this  ground, 
but  would  proceed  to  state,  that  he  was  in  favor 
of  the  amendment  oli'ered  by  the  committee  of 
conference,  (and  therein  he  differed  from  his  col- 
league), which,  whilst  it  would  etlectnally  pre- 
vent the  commission  of  the  fraud  intended,  would, 
also,  avoid  a  violation  of  the  terms  of  •  tlie  new 
treaty,'  as  it  was  styled.  He  stated,  that  the 
list  which  he  held  in  his  hand  wa.s,  itself,  con- 
clusive evidence  of  a  corrupt  intention  to  divide 
the  greater  part  of  the  money  among  the  h'W 
persons  named  in  it.  In  this  list,  ditlerent  sums 
were  written  opposite  the  names  of  dillercnt  in- 
dividuals, such,  for  instance,  as  the  following: : 
'John  liiilge,  .tilbO.OOO— Jo.seph  Vann,  15.(HM)' 
(both  Cherokees,  and  not  CreeW.s,  and,  therefore, 
not  entitled  to  one  cent).  The  next,  a  long  and 
baibaroiis  Indian  name,  which  I  shall  not  at- 
tempt to  |ironounce,  'ijJlO.OOO  ' — ne.xt,  John 
Stcdhain,  '^iJKVHjO,'  &.c.  This  list,  as  it  appears 
in  the  documents  received  fi-om  the  Secretary  of 
AVjir,  was  |)rescnted  to  the  war  deoartmcnt  hy 
IJidge  and  Vann." 


■    m 


Titr.  histo 

sioii  (for  ii 

sanctioned 

serves  a  pi 

of  our  gov 

into  ohiivio 

was  a  nia.> 

during  its 

national,  ai 

tional  ])olic 

the  occasioi 

solution  of 

some  guide 

again  occin 

which  the 

became  one 

It  agitated  I 

the  two  IIoi 

sions  of  par 

before  whic 

between  the 

to  the  duel  I 

It  was  an  a 

hy  all  the  i 

It  w,is  evidi 

ing  upon  th 

which  might 

which  was  tl 

find  .Mr.  C!a; 

House  of  II 

tiines  of  the 

annual    nies.^ 

imagined  for 

movement,  ai; 

of  the  Anu-ric 

ling  for  their 

and  presentin 

States  to  pla 

eldest  sister  i 

whose  oxamp 

followed.    Till 

a  "Holy  All 

'iherty:    it  si 

the  X(!W  \\\)r 

dangers  of  div 

in  it ;  and  tin 


ANNO  1826.    JOHN  QUINCY  ADAMS,  PKICSIDKNT. 


40,000  of 
War  \»  of 

contraet, 
it  auioiiK 
8.  Look, 
!X(iui.sito«. 
al  (iuiiu'H 
jrlil,  i«  Ki't 
'rinco  l)tit 
vl  aM  hu  in 

Mcintosh 
e  accui^cd 
II,  woinun, 
t  ^10,000^ 
lajH,  wlien 
ij)ortion  to 
lUTUl  11  ov- 

treutnicnt 
.'iiiy  in  war 
detain  tho 
criminal  if 
lily  or  use- 
fly  which, 
f  the  I'atri- 
tlw  naked- 
vulgnr  and 
lis  of  pulilic 
0  littve  im- 
ir  it  to  the 

was  as  con- 
tho  foulest 
the  individ- 
Creek  dele- 
he   de|mvt- 
ic  treaty, 
jmrtimnt 
the  jiin- 
,ty  hy  that 
owever,  for 
lis  ground, 
as  in  favor 
imiuittco  of 
i-om  his  col- 
ually  liie- 
,ed.  woidil, 
the  new 
that  the 
itself,  con- 
in  to  tlivide 
nj;  the  fi'W 
rent  sums 
illercnt  in- 
followiii;; : 
nn,  ir).(Miu' 
,  thenfore, 
a  lojit?  and 
■all  nut  iit- 
icxt,    John 
s  it  appears 
lecretary  of 
artmcnt  by 


CHAPTER    XXV. 

TUE  PANAMA  MISdIUN. 

TiiK  history  of  this  mission,  or  attempted  mis- 
hioii  (for  it  never  took  ellect,  thou|;h  eventually 
sanctioned  hy  both  Houses  of  Congress),  de- 
serves a  place  in  this  inside  view  of  tlic  working 
of  our  government.  Tliough  long  since  sunk 
into  oblivion,  and  its  name  almost  forgotten,  it 
was  a  master  subject  on  the  political  theatre 
during  its  day ;  and  gave  rise  to  <iuestions  of 
national,  and  of  constitutional  law,  and  of  na- 
tional jwlicy,  tho  iin|)ortanco  of  which  survive 
tho  occasion  from  which  they  sprung ;  and  the 
solution  of  which  (as  then  solved),  may  be 
some  guide  to  future  action,  if  similar  questions 
again  occur.  TJesides  the  grave  questions  to 
which  the  subject  gave  rise,  tho  subject  itself 
became  one  of  unu.su:  1  and  painful  excitement. 
It  agitated  the  people,  made  a  violent  debate  in 
the  two  HouMiS  of  Congres.**,  inliamed  tho  pa.s- 
sions  of  parties  and  individuals,  raised  a  tcmiK'st 
before  which  Congress  bent,  made  bad  feeling 
between  the  I'resident  ami  the  Senate ;  and  led 
to  the  duel  between  Mr.  Randolph  and  Mr.  Clay. 
It  was  an  administration  measure,  and  pressed 
by  all  the  means  known  to  an  administration. 
It  was  evidently  relied  upon  as  a  means  of  act- 
ing upon  the  people — as  a  popular  movement, 
which  might  have  the  effect  of  turning  the  tide 
which  was  then  running  high  against  Mr.  Adams 
and  Mr.  Clay  on  account  of  tho  e'ection  in  the 
House  of  Ilcpresentative.s.  and  the  broad  doc- 
trines of  the  inaugural  address,  and  of  the  first 
annual  message:  and  it  was  doubtless  well 
ima;;ined  for  that  ptirpose.  It  was  an  American 
movement,  and  rt|iiiblican.  It  was  the  assembly 
of  the  Ami.'rican  states  of  Spanish  origin,  counsel- 
ling for  their  mutual  safety  and  indei)endencc ; 
and  presenting  the  natural  wish  for  the  United 
States  to  place  herself  at  their  head,  as  the 
eldest  sister  of  the  new  republics,  iiinl  the  one 
wliosc  example  and  institutions  the  others  had 
followetl.  The  monarchies  of  Kuroi>e  had  fornieil 
II  "Holy  \l!i:>nce,"  to  chet-k  the  prDjrress  of 
iilicrty :  it  secimil  jiist  tliut  the  republics  of 
the  New  World  should  coi'.fuderate  against  the 
dangers  of  despotism.  The  subject  had  a  charm 
in  it ;  and  the  name  ami  place  of  meeting  re- 

Vol.  I.— 5 


called  classic  and  cherished  rccollcctioniu  It 
wa.s  on  an  isthniu.s — the  Isthmus  of  Panama— 
wliich  connected  the  two  Anu'ricos.  tho  Grociaa 
republics  had  their  isthmus — that  of  Corinth— 
where  their  deputies  assembled.  All  tho  ad- 
vantages in  the  presentation  of  tho  question 
were  on  the  side  of  tho  administration.  It  ad- 
dressed  itself  to  the  imagination — to  tho  pas- 
sions— to  the  prejudices; — and  could  only  h9 
met  by  the  cold  and  .sober  suggestions  of  roason 
and  judgment.  It  hud  the  prestige  of  name 
and  subject,  and  was  half  victor  before  tho  con- 
test began  ;  and  it  required  bold  men  to  make 
head  against  it. 

The  debate  began  in  the  Senate,  upon  tho  nomi- 
nation of  ministers ;  and  as  the  Senate  sat  with 
closed  doors,  their  oljections  were  not  hean!, 
while  numerous  presses,  and  popular  speakers, 
excited  the  public  mind  in  favor  of  tho  mcasuro, 
and  inflamed  it  against  the  Senate  for  delaying 
its  sanction.  It  was  a  plan  conceived  by  the  new 
Spanish  American  republics,  and  prepared  as  a 
sort  of  amphictyonic  council  for  the  settlement 
of  questions  among  them.selvesi  and,  to  which, 
in  a  manner  which  had  much  tlie  ap])carance  of 
our  own  procuring,  we  hud  received  an  invitation 
to  send  deputies.  The  invitation  was  most  seduc- 
tively exhibited  in  all  the  adnunistration  presses ; 
and  captivated  all  young  and  ur  lent  imagina- 
tions. The  people  were  roused  :  the  majority  in 
both  IIou.ses  of  Congress  gave  way  (many  against 
their  convictions,  as  they  frankly  told  me),  while 
tho  project  itself— our  participation  in  it — was 
utterly  condenmed  by  the  principles  of  our  con- 
stitution, and  by  the  policy  which  forbade  "en- 
tangling alliances,"  and  the  proposed  congress 
itself  was  not  even  a  diplomatic  body  to  which 
ministers  could  be  sent  under  the  law  of  nation.s. 
To  counteract  the  ellect  of  this  outside  current, 
tho  Senate,  on  tho  motion  of  Mr.  Van  liuren, 
adopted  a  resolve  to  debate  tho  question  with 
open  doors,  "  unless,  in  the  ophiion  of  the  Presi- 
dent, the  publication  of  docuuients  necessary  to 
be  referred  to  in  debate  should  be  prejudicial  to 
existing  negotiations:"  and  a  copy  of  the  resolve 
was  sent  to  Mr.  Adams  for  his  opinion  on  that 
;  ]M)int.  He  declined  to  give  it,  and  left  it  to  the 
i  Senate  to  decide  for  itself,  "the  question  of  an 
,  unc.vamplcd  dipnitnre  from  its  own  iisof^cs, 
and  upon  the  motires  of  which,  not  being  hiin- 
si'lf  i)  formed,  he  did  not  feel  himself  competent 
j  /()  decide."    This  refercnco  to  the  motives  of  the 


I    li 


THIRTY  YEARS'  VIEW. 


ineinlHTS,  mid  tho  iiMigBl  of  the  Sciiuti',  with  its 
dear  iin|ilicati<)ii  of  (hu  l)itihK.'.SH  of  unv,  ami  thu 
violation  of  tho  otiicr.  ;;iivc  gn-nt  oniiujc  in  the 
Senate,  and  even  led  to  a  jiroiKisition  (made  hy 
Mr.  Ilowan  of  Kentneky ),  not  to  act  on  tlic  noni- 
inationH  until  tlie  information  I'eijneHted  hIiouIiI 
ho  ^iven.  In  tlie  end  the  Si  iiate  reliii(|ni.slied  the 
idea  of  a  pnlilic  dol)ate,  and  eontented  itself  with 
its  pnhlication  after  it  was  over.  .Mr.  John  Ser- 
geant of  Pennsylvania,  and  Mr.  Ilirhard  Clark 
Anilerson  of  Keiilueky,  were  the  ministers  nomi- 
nated ;  and,  the  (|ne>tion  turning  wholly  upon  the 
niissionitself,  and  not  upon  the  persons  nominated 
(to  whose  fitness  there  was  no  olijection),  they 
were  confirmed  hy  a  close  vote — 'J  I  to  2' I.  The 
negatives  were:  Misma.  Kentun,  ISerrien,  liranch, 
Chandler,  Cohh  (Thomas  AV.  of  (Jeorgia),  Dick- 
crson,  Eaton,  Findluy,  llayne,  Holmes  of  Maine, 
Kane,  King  of  Alaiiauia,  Macon,  Kandolph,  Taze- 
well, Kowan,  \an  iJnren,  White  of  Tennessee, 
Williams  of  Missis>i|i|ii,  Woodhury.  The  Vice- 
President,  Mr.  Calhoun,  presiding  in  the  Senate, 
had  no  vutv,  thu  constitutional  contingency  to 
authorize  it  not  having  occurred :  hut  he  was  full 
and  free  in  the  expression  of  liis  opinion  against 
the  mission. 

It  was  very  nearly  a  party  vote,  the  dtimocracy 
OS  a  party,  heing  against  it :  hut  of  those  of  the 
party  who  vote<l  for  it.  the  design  of  this  history 
(which  is  to  show  the  working  of  the  govern- 
ment) reijiiires  it  to  Ik;  told  that  there  was  nf'lor- 
wards,  either  to  themselves  or  relatives,  some 
largo  dispensations  of  executive  patronage.  Their 
votes  may  have  Ix'en  conscientious ;  hut  in  that 
case,  it  would  have  heen  hetter  to  have  vin- 
dicated the  disinterestedness  of  the  act,  hy  the 
total  refusal  of  executive  favor.  Mr.  Adams 
commenced  right,  Ijy  asking  the  advice  of  the 
Senate,  hcfore  he  instituted  tlie  mission ;  but  the 
manner  in  which  the  object  was  pursued,  made  it 
a  matter  of  opiH)sition  to  tiie  administration  to 
refuse  it,  nnd  greatly  impaired  the  harmony 
which  Ought  to  exist  between  the  President  and 
tho  Senate.  After  all,  the  whole  conception  of  the 
Panama  congress  was  an  abortion.  It  died  out 
of  itself,  without  ever  having  been  once  held — 
not  oven  by  the  states  which  had  conceived  it. 
It  was  incongruous  and  impracticable,  even  for  j 
them, — more  apt  to  engender  disputes  among  i 
themselves  than  to  harmonize  action  against  i 
Spain, — and  utterly  foreign  to  us,  and  dangerous  j 
to  our  peace  and  institutions.    The  basis  of  the  | 


agreement  for  tlie  congreNs,  was  the  existing  Htate 
of  war  between  all  the  new  stutes  and  tho  mother 
country-  Spani.-.h  pride  and  jiolicy  iM-'ing  slow  to 
uiknowledge  the  independence  of  revolted  colo- 
nies, no  matter  how  iiide])eudent  in  fact; — nnd 
thu  wish  to  establish  concert  among  theniMelves. 
in  the  mode  of  treating  her  commerce,  and  that 
of  such  of  her  American  jwssessionH  (Cuba. 
Porto  llic«>),  as  hod  not  thrown  off  their  Hubjec- 
tion.  We  were  iit  jH^aco  with  Spain,  and  could 
not  go  into  any  such  council  without  (H)niprom- 
isuig  our  neutrality,  and  impairing  tho  integrity 
of  our  national  character.  Uesides  the  diflicul- 
ties  it  woulil  involve  with  Spain,  there  was  one 
subject  specified  in  the  treaties  for  discussion  and 
settlement  in  that  congress,  namely,  the  consid- 
eratii.ii^  of  future  relations  with  the  government 
of  Haiti,  which  would  have  been  a  tia-brand  in 
the  southern  half  of  our  Union, — not  tube  han- 
dled or  touched  by  our  goverment  any  where. 
The  publication  of  the  secivt  debates  in  the  Senate 
on  the  nomination  of  the  ministers,  and  the  pub- 
lic discussion  in  the  lloii.so  of  Ileprcsentativcs  on 
the  appropriation  clauses,  to  carry  the  mission 
into  ellect,  succeeded,  after  some  time,  in  dis- 
sipating all  the  illusions  which  had  fascinated  the 
public  mind — turned  thu  current  against  tho  ad- 
ministration— made  the  project  a  new  head  of 
objection  to  its  authors ;  and  in  a  short  time  it 
would  have  been  im|)ossible  to  obtain  any  con- 
sideration for  it,  cither  in  CongiX'S.«  or  before  the 
jK'ople.  It  is  now  entirely  forgotten,  but  deserves 
to  be  remembered  in  this  View  of  tho  working  ot 
the  government,  to  show  the  questions  of  policy, 
of  national  and  constitutional  law  which  were 
di.sciissed — the  excitement  which  can  bo  got  up 
without  foundation,  and  against  reason — how 
public  men  can  betid  before  a  storm — how  all  the 
departments  of  the  government  can  go  wrong : — 
and  how  tho  true  conservative  power  in  our 
country  is  in  the  jieoplc,  in  their  judgment  and 
reason,  and  in  steady  ap[)eals  to  their  intelligence 
and  patriotism. 

Mr.  Adams  communicated  tho  objects  of  tho 
proiKjsed  congress,  so  far  as  tho  I'nited  States 
could  engage  in  them,  in  a  special  message  to 
the  Senate  ;  in  which,  disclaiming  (II  part  in  any 
deliberations  of  a  belligerent  character,  or  design 
to  contract  alliances,  or  to  engage  in  any  project 
imiiorting  hostility  to  any  other  nation,  he  enu- 
merated, as  the  measures  in  which  we  could  well 
take  part,  1.  The  establishment  of  liberal  prin- 


ciples of  ( 

|K)sod  coil 

the  Amer 

taneoiis  ai 

fiiility.     .' 

free  goods 

doctrine," 

the  coiigri 

means,  its 

''olonizntio 

»)  differen 

posed    to 

guard  all  t 

Fiiiopean 

tliispas.sagi 

words.  Th 

.nil   the  par 

e.ich  will  g 

establishnu 

within  its  I 

Uiis.  more  ( 

my  predece 

suiting  fron 

rican  contin 

new  sou  t  hoi 

an  essential 

Those  wore 

boon  a  mei 

filling  the  i] 

would  emai 

enunciation 

himself,   in 

Senate,  was 

the  Amcricai 

ifputies.     1 

cation  rendei 

be  deceived 

ing  to  him,  t 

to  which  it 

Tnited  State 

Americas,   ai 

from  their  sY 

own  borders : 

tlie  other  stal 

each  for  itse 

guard  its  o\v 

that  the  Un 

pr.-ituitous  pt 

.states,  would 

such  enterprit 

means,  within 

tion  from  Eun 


Ji 


ANNO  182fl.    JOHN  CiUINCY  ADAilS,  PRESIDENT. 


m 


JMting  fiUto 
tlio  inutliur 
ing  kIow  to 
K)lte(l  colo- 
fiift  i — mid 
tliiniHt'lvcs, 
LT,  and  tliiil 
onH   (Cul)a. 
lifir  Hiiliji'i;- 
I,  ai«l  could 
t  coniproiii- 
lio  intogrity 
Ihc  diflicul- 
lura  was  onu 
sciiK.sion  and 
,  the  c-onsid- 
govornniunt 
lirebraiid  in 
,  to  lic  liaii- 
any  wIuto. 
in  tliL>  Scnato 
and  the  pu))- 
sentativcs  on 
the  miitsion 
time,  in  dis- 
ascinatvd  llib 
;ainst  thu  ad- 
new  head  of 
short  time  it 
tain  any  Con- 
or before  the 
jut  deserves 
ic  workinR  ot 
ans  of  pohcy, 
which  were 
m  be  got  up 
reason — how 
—how  all  the 
go  wrong : — 
ower  in  our 
idgmcnt  and 
r  intelligence 

jjects  of  the 
nited  States 
message  to 

11  part  in  any 

ter,  or  design 
any  project 

tion,  he  enu- 
,e  could  well 
liberal  priu- 


cipIoH  of  (•iiiiiiiK'rcial  intcrroiirse,  which  he  mi|)- 
|K)sed  could  lie  U-st  dont*  in  an  oMHiinlily  of  all 
the  Anu'i'ic.in  states  together.  2.  The  consen- 
tiineous  adiiption  of  principles  of  maritime  neii- 
tiiility.  .'1.  The  doctrine  tliat  free  ships  make 
free  gcMxls.  4.  An  agreement  that  the  "^fonroc 
doctrine,"  OH  it  is  called,  shouhl  bo  adopted  by 
the  congress,  each  state  to  guard,  by  its  own 
nicaiiH,  its  own  territory  from  future  Kuro|iean 
colonization.  The  enunciation  of  this  do<'trinc, 
-,0  difllrent  from  what  it  has  of  hito  U-en  suj>- 
pDsed  to  l)e,  as  binding  the  United  States  to 
giuird  all  the  territory  of  the  Xew  World  from 
Kuropcan  colonization,  niukes  it  proper  to  give 
this  passage  from  .Mr.  A<lams'H  message  in  his  own 
words.  They  arc  these:  ''An  agreement  between 
•ill  the  parties  represented  at  the  meeting,  that 
lach  will  guard,  by  its  own  means,  against  the 
establishment  of  any  future  KuroiR-an  colony 
within  its  Iwrders,  may  be  fouinl  advi.sablc.  This 
WHS,  more  than  two  years  since,  announced  by 
my  predecessor  to  the  world,  as  a  principle  re- 
sulting from  the  ennmcipation  of  bolli  the  Ame- 
rican continents.  It  may  Ik'  so  devclope<l  to  the 
new  southern  nations,  that  they  may  feci  it  as 
ill!  es.sential  ttpiK'n<lage  to  their  independence." 
These  were  the  words  of  Mr,  Ailams,  who  had 
been  a  meinlx;r  of  Mr.  Monnn-'s  cabinet,  and 
filling  the  department  from  which  the  doctrine 
would  emanate;  written  at  a  time  when  the 
enunciation  of  it  was  still  fi-esh,  and  when  he 
himself,  in  ft  communication  to  the  American 
Senate,  was  laying  it  down  for  the  ailoptiou  of  all 
the  American  nations  in  a  general  congress  of  their 
ifputies.  The  circumstances  of  the  conununi- 
cation  render  it  incredible  tliat  Mr.  A<lams  could 
be  deceived  in  liis  understanding ;  and,  accord- 
ing to  him,  thi.s  "  Monroe  doctrine  "  (awording 
to  which  it  has  lx;cn  of  late  ln-lieved  that  the 
United  States  were  to  stand  guard  over  the  two 
Americas,  and  repulse  all  intrusive  colonists 
from  their  shores),  was  entirely  conlined  to  our 
own  borders:  that  it  was  onlj  oposed  to  get 
the  other  states  of  the  New  Worla  to  agree  that, 
each  for  itself,  and  by  its  own  nnans.  should 
guard  its  own  territories:  and,  consequently. 
th.it  the  United  States,  .so  far  from  extending 
gmtuitous  protection  to  the  territories  of  other 
states,  would  neither  give,  nor  receive,  aid  >n  any 
such  enterprise,  but  that  each  should  use  its  own 
moans,  within  its  own  borders,  for  its  own  ccemp- 
tion  from  European  colonial  intrusion.    5.  A  fifth 


object  pn)|)osed  by  Mr,  Aflams,  i'l  which  ho  sup* 
|Mised  our  participation  in  the  iiusiness  of  tho 
Panama  congress  might  be  righi'"ully  ami  bene- 
(Iciully  admitted,  ndateil  to  the  advancement  of 
religious  liberty  :  and  as  this  wo."  a  |N)int  at 
which  the  mes.sage  encountered  .nu<'li  cen-ire, 
I  will  give  it  in  its  own  words.  They  are  (lieso: 
"  Tliere  is  yet  another  siibjec-',  u|)on  which,  with- 
out entering  into  any  treaty,  the  moral  intiuiiico 
of  the  United  States  may,  perhaps,  be  cm  rted 
with  beiu'llcittl  influence  at  such  meeting — tho 
advanix^'ment  of  religious  lilwrty.  .Some  of  tho 
southern  nations  an*,  even  yet,  so  far  under  the 
dominion  of  pnjudice,  that  they  have  incorjK)* 
rated,  with  their  imlitical  constitutions,  an  ex- 
clusive Church,  without  toleration  of  any  other 
than  the  dominant  sect.  Tho  abandonment  of 
this  last  badge  of  religious  bigotry  ami  oppre.<t- 
sion,  may  be  pressed  more  eflectually  by  the 
luiitcd  exertions  of  those  who  concur  in  the 
principles  of  freedom  of  conscience,  upon  those 
who  are  yet  to  be  convinced  of  their  justice  and 
wisdom,  than  by  the  solitary  eflbrts  of  a  minis- 
ter to  any  one  of  their  separate  governments." 
Tt.  The  sixth  and  hist  object  named  by  Mr. 
Adams  was,  to  give  proofs  of  our  goorl  will  to 
all  the  new  southern  republics,  l)y  accepting 
their  invitation  to  join  .them  in  the  congress 
which  they  propo.sed  of  American  nations.  Tho 
President  enumerated  no  others  of  the  obj(!ct.H 
to  which  the  discussions  of  the  congre'^s  might  bo 
directed;  but  in  the  pajicrs  which  ho  commu- 
nicated with  the  invitatons  he  liad  received, 
many  others  were  mcnti.ined,  one  of  which  was, 
"  the  basis  on  which  the  relations  with  Haiti 
should  Ik>  placed  ; "  an<l  the  other,  "  to  consider 
and  settle  the  future  relations  with  Cuba  and 
Porto  Rico.' 

Tho  message  was  referred  to  the  Senate's 
(^ommittee  on  Foreign  A  Hairs,  consisting  of  Mr. 
iMacon,  Mr.  Tazewell,  ami  .Mr  U.aillard  of  South 
Uarolina,  Mr.  Xlills  of  iMas.sachusetts,  and  Mr. 
Hugh  L.  White  of  Tennes.see.  The  committee 
rcjiorted  adver.sely  to  the  President's  recom- 
mendation, and  replie<l  to  the  mes.sagc,  point  by 
l)oint.  It  is  an  elaborate  document,  of  great 
ability  and  research,  and  well  expre.s.sed  the 
democratic  doctrines  of  that  day.  It  wa.a  i>r«;- 
sented  by  Mr.  Macon,  the  chairman  of  'he 
committee,  and  was  drawn  by  Mr.  Tuzew.ll, 
and  was  tho  report  of  which  Mr.  Macon  when 
complimented  njwn  it.  was  accustomed  to  aiHwer, 


68 


TniRTY  YEAI5S'  VIEW. 


ni 


Mil* 


'  *  : 


"  Yes :  it  is  a  good  report.  Tazewell  wrote  it." 
B".t  it  was  his  also ;  (o-  no  po\ver  could  have 
made  him  present  it,  without  declaring  the  fact, 
if  he  had  not  approved  it.  .The  general  principle 
of  the  report  was  that  of  good  will  and  friend- 
ship to  all  the  young  republics,  and  the  cultiva- 
tion of  social,  commercial  and  political  relations 
with  each  one  individuaMy ;  but  no  entangling 
connection,  and  r  >  intenial  interference  with  any 
one.  On  the  suTgestion  of  advancing  religious 
freetlom,  the  committee  remark : 

''  In  the  opinion  of  this  committee,  there  is  no 
projKJsition,  concerning  which  the  people  of  the 
United  State  s  are  now  and  ever  have  been  more 
unanimous,  than  t'ial  which  denies,  not  merely  the 
exj)ediency,  but  the  right  of  intermeddling  with 
the  internal  affairs  of  other  states;  and  espe- 
cially >f  .seeking  to  alter  any  pi  jvisiim  they  may 
have  thought  proper  to  adojit  as  a  fundamental 
law,  or  may  have  incorporated  with  their  |)oliti- 
cal  constitutions.  And  if  there  be  any  such 
BiToject  more  sacred  and  delicate  than  another, 
as  to  which  the  United  States  ought  never  to 
intermeddle,  even  by  obtru.sive  advice,  it  is  that 
which  con  ims  religious  liberty.  The  most 
cruel  and  devastating  wars  have  been  produced 
by  such  interferences ;  the  bloo<l  of  man  has 
bt'eu  jiourud  out  in  torrents  ;  and.  from  the  days 
of  the  cru.«a(ies  to  the  present  hour,  no  benefit 
has  resulted  to  the  human  family,  from  di.scus- 
sions  carried  on  by  nations  »ipon  such  subjects. 
Among  the  variety  even  of  Christian  nations 
wliicli  now  iniiabit  the  earth,  rare  indeed  are  the 
examples  to  be  foiuul  of  states  who  have  not 
established  an  exclusive  church  ;  and  to  far  the 
greater  number  of  these  toleration  is  yet  un- 
known. In  none  «,f  fic  communications  which 
have  taken  place,  is  the  most  distant  allusion  made 
to  this  delicate  subject,  by  any  of  the  ministers 
who  have  given  this  invitation  ;  and  the  com- 
mittee feel  very  confident  in  the  opinion,  that,  if 
ever  an  intimation  shall  be  made  to  the  sove- 
reisriilies  tlicy  repre.sent,  that  it  was  the  pur|>o.se 
of  the  United  Slates  to  tli.scu.ss  at  the  propo.sed 
congress,  their  plans  of  internal  civil  |)oliiy,  or 
any  thing  touching  the  supposed  interests  of 
their  religious  establishments,  the  invitation 
given  would  soon  be  withdrawn." 

On  the  subject  of  the  "  Monroe  doctrine  "  the 
report  shows  that,  one  of  the  new  reptiblirs 
((Colombia)  proposed  that  this  doctrine  shotdd 
be  enforced  "  by  the  joint  and  united  efforts  of 
all  the  states  to  l>o  represented  in  the  congress, 
who  should  be  bound  by  a  solemn  convention 
to  sefwre  this  end.  It  was  in  answer  to  this  pro- 
position that  the  President  in  his  message  showed 
the  extent  of  that  doctrine  to  be  limited  to  our 
•wn  territories,  and  that  all  that  we  could  do, 


would  1)0  to  enter  into  agreement  that  each 
should  guard,  by  its  own  means,  against  the  es- 
tablishment of  any  foreign  colony  within  its  bor- 
ders. Even  such  an  agreement  the  committee 
deemed  unadvisablo,  and  that  there  was  no 
more  reason  for  making  it  a  treaty  stipulation 
than  there  was  for  reducing  to  such  stipulations 
any  other  of  the  "high,  just,  and  universally  ad- 
mitted rights  of  all  nations. "  The  favorable  com- 
mercial treaties  which  the  President  expected  to 
obtain,  the  committee  believed  would  be  more 
readily  obtaine<I  from  each  nation  separately  (in 
which  opinion  their  foresight  has  been  justified 
by  the  event);  and  that  each  treaty  would  l)e  the 
more  easily  kept  in  proportion  to  the  smaller 
number  of  parties  to  it.  The  ameliorations  of  the 
laws  of  nations  which  the  President  proposed,  in 
the  adoption  of  principles  of  maritime  neutrality. 
and  that  free  ships  should  make  free  goods,  and 
the  restriction  of  pa]K!r  blockades,  were  deemed 
by  the  ccnimittec  objects  beyond  the  enforre- 
ment  of  the  American  states  alone  ;  and  the  en- 
forcement of  which,  if  agreetl  to,  might  bring  the 
chief  burthen  of  enforcement  ujMn  the  United 
States ;  and  the  committee  doubted  the  policy  of 
undertaking,  by  negotiation  with  these  nation.s, 
to  settle  abstract  proi)0,^itions,  as  parts  of  public 
law.  On  the  subject  of  Cuba  and  Porto  Hico, 
the  report  declared  that  the  United  States  coiilil 
never  reganl  with  indifference  their  actual  condi- 
tion, or  future  destiny ; — but  deprecated  any 
joint  action  in  relation  to  them,  or  any  action  to 
which  they  them.selves  were  not  parties;  and  it 
totally  <liscountenanced  any  joint  di.scussion  or  ac- 
tion in  relaticn  to  the  future  of  Haiti.  To  the 
whole  of  the  new  republics,  the  report  expressed 
the  belief  that,  the  retention  of  our  present  un- 
connected and  friendly  position  towards  them, 
would  be  most  for  their  own  benefit,  and  enaMe 
the  United  States  to  act  most  effectually  for  tlieni 
in  the  case  of  needing  our  good  ofllces.  It 
said  : 

'•  AVhile  the  T'nited  States  retain  the  jiositum 
which  they  have  hitherto  occupied,  and  mani- 
fest acon.stant  determmatifm  not  to  mingle  thi-ir 
interests  with  tho.se  of  the  other  .states  of  Anieriea. 
they  may  continue  to  employ  the  influence  wliich 
they  possess,  and  have  al'  ndy  hiijipily  e.veitid. 
with  the  nations  of  Muro|:  ,n  favor  of  these  new 
republics.  Hut,  if  ever  the  United  States  jier- 
mit  themselves  to  be  a.s.sociated  witli  these  na- 
fions  in  any  general  <'on;;rt!ss,  as.sembled  fir  tiic 
iliscnssion  of  connnon  plans,  in  any  v.  ay  idlectin^' 
European  interests,  they  will,  by  such  an  act,  not 


only  depri 
pos.sess,  ol 
other  Ami 
ell'ects,  pre_ 
the  |joHer.> 
li'leil  in  th 
of  the  Uni 
and  restrai 
existing  c<> 
of  America 
own  limits 
their  po.sscs 
while  .so  gu 
lidence. " 

The  adva 
maintaining 
''  entangling 
presented  ii 

"  And  till 
in  hap|>ine> 
strict  obser' 
of  poli  y,  I 
and  most  pi 
must  prepai 
upon  an  uni 
by  little  exj 
haven.  I  n 
isting  betwi 
in  interest,  c 
customs,  lia 
particular : 
nuist  surely 
erate  discord 
hope  of  its  f 
even  success 
direful  contii 
been  the  iss 
time ;  and  w 
ex|)ect  iu  the 
causes. 

The  comm 
on  the  point 
withojit  the 
Senate  Th( 
so :  but  deen 
cinustances,  i 
vice.  The  c( 
Senate  to  de( 
thi-i  new  mis 
originality,  ar 
Ls  to  be  instit 
not  the  fillinf 
have  A  right  1 
office  itself. 

I  spoke  ni) 
points  which 
relations  witl 
was  to  be  det 


ANNO  1826.    JOHN  QUINCY  ADAMS,  PRESIDENT. 


69 


that  each 
nst  tho  cs- 
>in  it«  l)or- 
committcc 

0  was  no 
stipulation 
tipulations 
crHally  ml' 
)rablc  coni- 
jxpcctt'd  to 
(1  be  more 
larately  (in 
en  jiistilicil 
onltl  he  tlie 
the  sinullcr 
itions  of  tlic 
proposed,  in 

1  neutrality, 
goods,  and 

ere  dcenied 
he  enforre- 
and  tlic  cn- 
lit  brinj;  the 
the  T'niU'd 
;hc  policy  of 
cse  nations, 
rts  of  public 
Porto  llict), 
tntes  could 
tual  condi- 
ated   any 
action  to 
ties ;  and  it 
<sion  or  ac- 
To  the 
expressed 
present  un- 
ards  tluni. 
iuid  enuMe 
ly  for  thcni 
)lllpes.      It 

le  jmsitum 
anil  maiii- 
ninjile  their 
of  Aiuericii, 
lence  \\ huh 

ly  exiTtfd. 
ftheseni'W 
States  |ur- 
(liese  nii- 
led  for  the 
ay  uflec'tin^! 

an  act,  not 


only  deprive  themselves  of  tho  ability  they  now 
possess,  of  rendering  useful  assistance  to  the 
other  American  states,  but  also  produce  other 
etlects,  prejudicial  to  their  own  interests.  Thcii, 
the  |H)H'ers  of  Europe,  who  have  hitherto  con- 
lided  in  the  sai;acity,  vigilance,  and  impartiality 
of  the  United  States,  to  watch,  detect,  announce, 
itnd  rest  ram  any  disposition  that  the  heat  of  the 
existing  contest  might  excite  in  tho  now  states 
of  America,  to  extend  their  empires  beyond  their 
own  limits,  and  who  have,  therefore,  considered 
their  possessions  and  commerce  in  America  safe, 
while  so  guarded,  would  no  longer  feel  this  con- 
fidence. " 

Tho  advantage  of  pursuing  our  old  policy,  and 
maintaining  friendly  relations  with  all  powers, 
''  entangling  alliances  with  none,"  was  forcibly 
presented  in  a  brief  and  striking  paragraph : 

"  And  the  United  States,  who  have  grown  up 
in  hapi'iness,  to  their  present  prosperity,  by  a 
strict  observance  of  their  old  well-known  course 
of  poli  y,  and  by  manifesting  entire  good  will 
and  most  profound  resjiect  for  all  other  nations, 
must  prepare  to  embark  their  future  destinies 
upon  an  unknown  and  turbulent  ocean,  directed 
by  little  experience,  and  destined  for  no  certain 
haven.  1  n  such  a  voyage  the  dissimilitude  cx- 
Lsling  between  thcmse'''es  and  their  a-ssociates, 
in  interest,  character,  language,  religion,  manners, 
customs,  habits,  laws,  and  almost  every  other 
particular :  and  the  rivalship  these  discrepancies 
must  surely  produce  amongst  them,  would  gen- 
eriitc  discords,  which,  if  they  did  not  destroy  all 
hope  of  its  successful  termination,  would  make 
even  success  itself  tlie  ultimate  cause  of  new  and 
direful  conflicts  between  them.sclves.  Such  has 
been  tho  issue  of  all  such  enterprises  in  past 
time ;  and  we  have  therefore  strong  reasons  to 
expect  iu  the  future,  similar  results  from  similar 
causes. 

The  committee  dissented  from  tho  President 
on  the  point  of  his  right  to  institute  the  mission 
without  the  [trevious  advico  and  consent  of  the 
Senate.  The  President  Bvcrre<l  his  right  to  do 
so :  but  dcem.Kl  it  advisable,  under  all  the  cir- 
cumstances, to  waive  the  right,  and  ask  the  ad- 
vice. The  committee  averred  the  right  of  the 
Senate  to  decide  directly  U|x)n  the  e.  pedience  of 
thi-i  new  miasioit  ;  grounding  the  right  \\\\o\\  its 
originality,  and  holding  that  when  a  new  miagimi 
Ls  to  bo  instituted  it  is  the  creation  of  an  oflice, 
not  tho  filling  of  a  vacancy  ;  and  that  the  Senate 
have  a  right  to  decide  upon  the  expediency  of  the 
office  itself. 

I  spoke  myself  on  this  question,  and  to  all  the 
points  which  it  presented,  and  on  the  subject  of 
relations  with  Haiti  (on  which  a  unifonn  rule 
was  to  be  determined  on.  or  a  rule  with  modifi- 


cations, according  to  the  proposition  of  Colombia) 
I  held  that  our  |>olicy  was  fixed,  and  could  bo 
neither  altered,  iior  discussed  in  any  foreign  a.s- 
sembly ;  and  esi)ocially  in  the  one  proposed  ;  all 
tho  other  parties  to  which  had  already  placed 
tho  two  races  (block  and  white)  on  the  ba.sis  of 
political  equality.     I  said : 

"  Our  policy  towards  IlaJti,  the  old  San  Do- 
mingo, has  been  fixed  for  three  and  thirty  years. 
We  trade  with  her,  but  no  diplomatic  relations 
have  been  established  between  us.     We  purchase 
coffee  fronj  her,  and  pay  her  for  it ;  but  we  inter- 
change no  consuls  or  ministers.     We  receive  no 
midatto  consuls,  or  black  ambassadoi-s  from  her. 
And  why  ?     Because  the  peace  of  eleven  Slates 
in  this  Inion  will  not  permit  the  fruits  of  a  suc- 
cessful negro  insurrection  to  be  exhibited  among 
them.     It  will  not  ])ermit  black  consuls  and  am- 
bassadors to  establish  themselves  in  our  cities, 
and  to  {Mtradc  through  our  country,  and  give  to 
their  fellow  blacks  in  the  United   Stales,  proof 
in  hand  of  the  honors  which  await  them,  for  a 
like  successful  effort  on  their  part.     It  will  not 
permit  the  fact  to  be  seen,  and  told,  that  for  tho 
murder  of  their  masters  and  mistresses,  they  are 
to  find/ru'Hf/y  among  the  white  jMople  of  these 
Unitetl  States.     No,  this  is  a  question  which  has 
been  determined  hkhe  for  three  and  thirty- 
years  ;  one  which  has  never  been  open  for  dis- 
cussion, at  home  or  abroad,  neither  under  the 
Presidency  of  Gen.  Washington,  of  the  first  Mr. 
Aflams,  of  Mr.  Jefferson,  Mr.  Ma<lison,  or  Mr. 
Monroe.     It  is  one  which  cannot  bo  (hscussed 
in //i/«  chamber  on  this  day;  and  shall  we  go 
to  Panama  to  discuss  it  ?     I  take  it  in  the  mild- 
est supposed  character  of  this  Congress — shall 
we  go  there  to  adrise  and  couanU    in  council 
about  it  ?     Who  are  to  advise  and  sit  in  judg- 
ment upon  it  7     Five  nations  who  have  already 
put  the  black  man  upon  an  equality  with  tho 
white,  not  only  in  their  con.stitutions  but  in  real 
life :  five  nations  who  have  at  this  moment  (at 
least  some  of  them)  black  generals  in  their  ar- 
mies and  mulatto  senators  in  their  congresses ! 

No  (luestion,  in  its  day,  excited  more  heat  and 
intemperate  discussion,  or  more  feeling  between 
a  Pi  osident  and  Senate,  than  this  propose*!  mis- 
sion to  the  congress  of  American  nations  at  Pan- 
ama ;  and  no  heated  question  ever  cooled  off, 
and  died  out  so  suddenly  and  completely.  And 
now  tho  chief  benefit  to  bo  derived  from  its 
retrospect — and  that  indeed  ia  a  real  one— is  a 
view  of  the  firmness  with  which  wa.s  then  main- 
tained by  a  minority,  tho  old  policy  of  the  Uni- 

'  tc<l  States,  to  avoid  entangling  alliances  and  in- 
terference with  the  affairs  of  other  nations ; — and 
the  exposition  of  tho  Monroe  doctrine,  from  one 

I  80  competent  to  give  it  as  Mr.  Adams. 


i 


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70 


TIITRTY  TEARS'  VIEW. 


■J 


It 

ill 


CHAPTER    XXVI. 

OCEL  BETWEKN  MR.  CLAY  .\ND  MR.  RANDOLl'II. 

It  wns  Saturday,  the  first  day  of  April,  towards 
noon,  the  Senate  not  being  that  day  in  session, 
that  Mr.  Randolph  came  to  my  room  at  Brown's 
Hotel,  and  (without  explaining  the  reason  of  the 
question)  asked  me  if  I  was  n  blood-relation  of 
Mrs.  Cl»y  ?  T  answered  that  I  was,  and  he  im- 
mediately replied  that  that  put  an  end  to  a  re- 
quest which  he  had  wished  to  make  of  me ;  and 
then  went  on  to  iell  me  that  he  had  ju.st  received 
a  challenge  from  Mr.  Clay,  had  accejited  it,  was 
ready  to  go  out,  and  would  apply  to  Col.  Tat- 
nall  to  \)Q  lus  .second.  Before  leaving,  he  told  me 
he  would  make  my  bosom  the  depository  of  a 
secret  which  he  should  commit  to  no  other  per- 
son :  it  was,  that  he  did  not  intend  to  fire  at 
Mr.  Clay.  lie  told  it  to  me  becau.se  he  wanted 
a  witness  of  his  intention,  and  did  not  mean  to 
tell  it  to  his  second  or  any  body  el.se  ;  and  en- 
joined inviolable  secrecy  until  the  d.:e'  wa.s  over. 
This  was  the  llrst  notice  I  had  of  the  affair. 
The  circumstances  of  the  delivery  of  the  challenge 
I  ha<I  from  (Jen.  Jesup,  Mr.  Clay's  second,  and 
they  were  so  perfectly  characteristic  of  Mr.  Han- 
doIi)h  that  I  give  them  in  detail,  and  in  the  (fed- 
eral's own  words : 

''  I  was  unable  to  sec  Mr.  Randolph  until  the 
morning  of  the  1st  of  April,  when  1  called  on 
him  for  the  purpo.se  of  delivering  the  note. 
Previous  to  presenting  it,  however,  I  thought  it 
proper  to  ascertain  from  Mr.  Randolph  himself 
whether  the  information  which  Mr.  Clay  had 
received — that  ho  considered  himself  personally 
accountable  for  the  attack  on  him — was  correct. 
I  accordingly  infonned  Mr.  Randolph  that  I  was 
the  bearer  of  a  message  from  Mr.  Clay  in  conse- 
quence of  an  attack  which  he  had  made  u]ion  liis 
private  as  well  as  public  character  in  the  Senate ; 
that  1  was  aware  no  one  lia«l  tiie  right  to  ques- 
tion bin,  oui.  of  the  Senate  for  'iny  thing  said  in 
debate,  unless  he  chose  volunt.irily  to  waive  his 
privileges  as  a  member  of  that  ImmIv.  Mr  Ran- 
dolph repliwi,  that  the  constitution  did  protect 
him,  but  he  woiUd  never  shield  himself  under 
sucli  a  subterfuge  as  the  plea<ling  of  hisi»rivilege 
as  a  SI  u:ifor  from  Virgiiii.i ;  that  hetlid  iiold  liim- 
siir  iiccouutnbie  to  .Mr.  ('lay  ;  but  he  saiil  tliat 
gfiiiU'inaii  liad  first  two  pledges  to  redeem:  one 
(liMt  li<-  had  bound  himself  to  tight  any  member 
of  !in  llduse  of  Representatives,  who  shuuld  ;v<'- 
knowleilgo  himself  the  author  of  a  certain  p>ib-  , 


lication  in  a  Philadelphia  paper ;  and  the  other, 
that  ho  stood  pledge<l  to  establish  certain  facts 
in  regard  to  a  great  man,  whom  he  would  not 
name ;  but,  he  added  lie  could  receive  no  verbal 
message  from  Mr.  Clay — that  any  message  from 
him  must  be  in  writing.  I  repfie*!  that  I  was 
not  authorizcfl  by  Mr.  Clay  to  enter  into  or 
receive  any  verbal  explanations — that  the  in> 
quiries  I  had  made  were  for  my  own  satisfaction 
and  u|)Oji  my  own  responsibility — that  the  only 
mes.sagc  of  which  I  was  the  bearer  was  m  writing. 
I  then  presented  the  note,  and  remarke<l  that  i 
knew  nothing  of  Mr.  Clay's  pledges  ;  but  that  if 
they  existeil  as  ho  (Mr.  Randolph)  understond 
them,  and  he  was  aware  of  them  when  he  luii'le 
the  att.ick  complained  of,  he  could  not  avail  him- 
self of  them — that  by  making  the  attack  I  tliou^lit 
he  had  waived  them  himselif.  He  said  he  Imil 
not  the  remotest  intention  of  taking  advantage 
of  the  pledgi>s  referred  to  ;  that  he  had  nientimi- 
ed  them  merely  to  remind  me  that  he  was  wiii\ 
ing  his  jirivilege,  not  only  as  a  .senator  fioni 
Virginia,  but  as  a  private  gentleman ;  that  lie 
was  reatly  to  res|>ond  to  Mr.  Clay,  and  would 
be  obligetf  to  me  if  I  would  bear  his  note  in  re- 
ply ;  and  that  he  would  in  the  course  of  the  duy 
look  out  for  a  friend.  I  declined  being  the  benr- 
er  of  his  note,  but  informed  him  my  only  reason 
for  declining  v.-as,  that  I  thought  he  owed  it  to 
himself  to  consult  his  friends  before  taking  .^u 
important  a  ste]).  He  .seized  my  hand,  saying. 
'  You  are  right,  sir.  I  thank  you  for  the  sn^- 
I  gestiop  :  but  as  you  do  not  take  my  note,  you 
{  must  not  be  impntient  if  you  should  not  hear  Iniin 
j  me  to-<lay.  I  now  think  of  only  two  friemU. 
and  there  are  circumstances  connected  with  one 
of  them  which  may  deprive  me  of  his  servie  s, 
and  the  other  is  in  bad  health — he  was  sick  ycs- 
tenlay,  and  may  not  be  out  to-day.'  1  a.ssnie<l 
him  that  any  reai^onablu  time  which  he  lalL^iit 
find  nwe.ssary  to  ti^ke  would  be  satisfiieloi  v. 
I  took  leave  of  him  ;  anil  it  is  due  to  his  meinorv 
to  .say  that  lus  bearing  was,  throughout  the  iil- 
terview,  that  of  a  high-tonod,  chivalrous  geiille- 
man  of  the  old  school." 

These  were  the  circumstances  of  the  delivery  (;f 
the  challenge,  and  the  only  thing  necessary  to 
give  them  theircharacler  is  to  recollect  that,  witji 
this  prompt  muHjptance  and  iM)sitive  refusal  to 
exi)Iain,  and  this  extra  cut  about  the  two  pled- 
ges, there  was  a  {x'rfett  deterniiiiati m  not  to  Cm' 
ai  Mr.  Clay.  Thut  determination  ri'stcd  on  two 
grounds ;  first,  an  entiiT  unwillingness  to  hurt  .Mr. 
tMay;  and,  next,  a  conviction  that  to  return  the 
fire  would  be  to  answer,  and  would  be  an  iniplii  il 
iicknowledginent  of  .dr.  Claj.'s  'ight  to  make  him 
answer.  This  he  would  not  do,  neither  by  iiii|/li- 
calion  nor  in  words.  He  denied  the  right  of  any 
person  to  riuestion  him  out  of  the  Semite  foi 
words  spoken  within  it.     Ik  took  a  distiuctiou 


between  m 
constitutioi 
and  which 
promise;  a 
faction  for 
would  rece 
much  as  to 
what  ha.s  of 
the  fire,  adi 
subtle  disti 
death,  and  n 
but  to  Mr. 
His  allusion 
which  he  mi 
challenge,  ai 
cut  at  Mr. 
satisfaction 
her  of  the  H 
Pennsylvanii 
tial  election  i 
avowed  hims 
publication,  t 
threatened  t( 
himself— and 
President  A(: 
a  newspaper 
fact, — which 
tills  sarcastic 
ill  the  I'anat 
President  am 
eucouragcd  tl 
attack  him,  w 
cho.sc  to  ovcrl 
the  instigatori: 
he  did  to  his  I 
to  their  great  i 
lenge  proved. 
Col.  Tatnall  i 
which  might  t 
of  my  relation 
uot  know  thu 
consanguinity- 
tlie  other  a  coi 
second— holdii 
un  Indian,  to  t 
liiit  little  stre.' 
ftirabic  receptic 
.Iesiipwereacc( 
the  decorum  w 
A  duel  in  the  c 
iilliiir  of  honor 
code,  must  jic 


ANNO  1826.     JOHN  QUINCY  ADAMS,  PRESIDENT. 


71 


between  man  and  senator.    As  senator  lie  had  a 
constitutional  immunity,  given  fur  a  wise  ]>ur|)0.sc, 
and  which  he  would  neither  surrender  nor  com- 
promise ;  as  individual  he  was  ready  tr,  nivc  satis- 
faction for  what  was  deemed  an  injury.      lie 
would  receive,  but  not  return  a  fire.     It  was  as 
much  as  to  say :  Mr.  Clay  may  fire  at  me  for 
what  ha.s  ofrendc<l  him  ;  I  will  not,  by  returning 
the  fire,  admit  his  right  to  do  so.    This  was  a 
subtle  distinction,  and  that  in  cose  of  life  and 
death,  and  not  very  clear  to  the  common  intellect ; 
but  to  Mr.  Randolph  l)oth  clear  and  convincing 
His  allusion  to  the  "  two  pledges  unrcdeemcii," 
which  he  might  have  plead  in  bar  to  Mr.  Cluy's 
rhallengo,  and  would  not,  wns  another  sarcastic 
cut  at  Mr.  Adams  and  Mr.  Clay,  while  rendering 
satisfaction  for  cuts  already  given.    The  "  mem- 
ber of  the  House"  wns  Mr.  George  Krcmer,  of 
Pennsylvania,  wlio,  at  the  time  of  the  presiden- 
tial election  in  tlic  House  of  Representatives,  hafl 
avowed  liiiaself  to  be  the  author  of  an  anonymous 
publication,  the  writer  of  which  Mr.  C!ny  had 
threatened  to  call  to  account  if  he  would  avow 
himself— and  did  not.      The  "great  man"  was 
President  Adams,  with  whom  Mr.  Clay  had  had 
IX  newspaper  controversy,  involving  a  question  of 
fact. — which  had  been  jiostijoned.     The  cause  of 
this  sarcastic  cut,  and  of  all  the  keen  [wrsonality 
in  the  Panama  s|)eech,  was  the  belief  that  the 
President  and  Secretary,  the  latter  especially, 
encouraged  the  newspapers  in  their  interest  ti> 
attack  him,  which  they  did  inccs.santly ;  and  '.ic 
cho.sc  to  overlook  the  editors  and  retaliate  tipon 
the  instigators,  as  he  believed  them  to  be.     This 
he  did  to  his  heart's  content  in  that  speech — and 
to  their  greatannoyana>,asthecomingofthechal- 
lenge  proved.     The  "  two  friends"  alluded  to  wore 
Col.  Tatnnll  and  myself,  and  the  circumstances 
which  might  disf|ualify  one  of  the  two  were  those 
of  my  relationship  to  Mrs.  Clay,  of  which  he  did 
uot  know  the  degree,  and  whether  of  ailinity  or 
con.sanguinity — con.sidcring  the  iii>t  no  obstacle, 
the  other  a  complete  bar  to  my  appearing  as  his 
second — holding,  as  he  did,  with  the  tenacity  of 
an  Indian,  to  the  obligations  of  blood,  and  laying 
lint  little  stress  on  marriage  connections.     His 
iiirnble  reception  and  courteous  demeanor  to  fJen. 
.losupwerenccnrilingtohlsown  high  breeding,  and 
the  decorum  whicli  belonged  to  such  occasions. 
.\  duel  in  the  circle  to  which  he  belonged  was  '*an 
alliiir  of  honor ;"  and  high  honor,  according  to  its 
code,  must  jiervade  every  part  of  it.     General 


Jesup  had  come  upon  an  tmplea.sant  business. 
Mr.  Randolph  detenninitl  to  put  him  at  his  ease; 
and  did  it  so  effectually  as  to  charm  him  into  ad- 
miration.    The  whole  plan  of  his  conduct,  do^vn 
to  contingent  details,  was  cast  in  his  mind  in- 
stantly, as  if  by  intuition,  and  never  departed 
from.    The  acceptance,  the  refusal  to  explain,  tho 
detennination  not  to  fire,  the  first  and  second 
choice  of  a  friend,  and  the  circumstances  which 
migV.t  disipialify  one  and  delay  the  other,  tho  ad- 
ditional cut,  and  the  re.'iolve  to  fall,  if  ho  fell,  on 
tho  soil  of  Virginia— was  all,  to  his  mind,  a  single 
emanation,  the  fia.sh  of  an  instant.     He  needed 
no  consultation.s,  no  delibei-ations  to  arrive  at  all 
these  im])ortant  conclusions.     I  dwell  upon  these 
small  circumstances  Ix'causc  they  are  character- 
istic, and  show  the  man — a  man  who  belongs  to 
history,  and  had  his  own  history.,  and  should  bo 
known  as  he  was.  That  character  can  only  be  shown 
in  his  own  conduct,  his  own  words  ami  acts :  and 
this  duel  with  ^Ir.  Clay  illustrates  it  at  many 
points.    It  is  ui  that  |H)int  of  view  that  I  dwell 
ui)on  circumstances  which  miglit  seem   trivial, 
but  which  arc  not  so,  la-ing  illustrative  of  char- 
acter and  significant  to  their  smallest  particulars. 
The  acceptance  of  the  challenge  was  in  keep- 
ing with  the  whole   proceeding— prompt   in  ti»e 
agi'ceinent  to  meet,  exact  in  protesting  against 
the  lif^ht  to  call  him  out,  clear  in  the  waiver  of 
his  constitutional  privilege,  brief  and  cogent  in 
presenting  the  case  as  one  of  some  reprehension 
— the  case  of  a  memlK'r  of  an  administration'' 
challenging  a  .senator  for  words  spoken  in  do 
bate  of  that  administration  ;   and  all  in  brief, 
terse,  and  sui)erlatively  decorous  language.     It 
ran  thus : 

"  Mr.  Randolph  accepts  tho  challenge  of  Mr. 
Clay.  At  the  same  time  he  protests  against  tho 
right  of  any  minister  of  the  E.\ecutive  ( iovernment 
of  the  United  States  to  hold  him  responsible  for 
words  spoken  in  debate,  as  a  senator  from  Vir- 
ginia, in  crimination  of  such  minister,  or  the  ad- 
ntinistration  under  which  he  shall  have  taken 
ofiice.  Colonel  Tatnall,  of  Georgia,  tho  bearer 
of  this  letter,  is  authorized  to  arrange  with  (ien- 
eral  Jesup  (the  bearer  of  Mr.  Clay's  challenge) 
tho  terms  of  tho  meeting  to  which  Mr.  Randolph 
is  invited  by  tliat  note. " 

This    protest  which   Mr.    Randolph  entered 

against  the  right  of  Mr.  Clay  to  challenge  him, 

led   to  an  explanation   between   their    mutual 

friends  on  that  delicate  point — a  point  whick 

\  concerned  the  independence  of  debate,  tho  pri- 


4 


''I 


<i>.y 


,1 


J 


-'< 


'•      I 


h 


72 


THIRTY  YEARS'  VIEW, 


vileges  of  the  Sonat'  'he  iniiniinity  of  n  mem- 
ber, and  the  sanrtitj,  if  llie  ronstitiition.  It 
was  a  point  which  Mr.  Clay  folt ;  nml  tlie  expla- . 
nation  which  was  had  iM-twwn  tlie  mutiia!  friends 
presented  an  i'j.oiiso,  if  not  n  justification,  for  Iiis 
procccdinjT.  Ho  had  hccn  iiilbrmcd  that  Mr. 
Randolph,  in  liis  spcco)!,  hiwl  avowed  his  rospon- 
eibility  to  Mr.  Chiy.  and  waived  his  privih'fje — a 
thins  which,  if  it  had  been  done,  would  have  been 
a  dellanco,  and  s'oixl  for  an  invitation  to  Mr.  Clay 
to  send  a  chalk'ii(;e.  )Ir.  Randolph,  throu{;h 
Col.  Tatnall.  disavowed  tliat  imputed  avowal, 
and  confined  liis  waiver  of  privileire  to  the  time 
of  the  delivery  of  the  i  lialli  n^'e,  and  in  answer 
to  an  inqiiiry  befoiv  it  was  delivered. 

The  followin};  are  the  cotnmunications  between 
the  respective  K'conds  on  this  point: 

"  In  rcfrard  to  the  prod'st  with  which  Afr. 
Randolph's  note  condurles.  it  is  due  to  Mr.  Clay 
to  sa}'  that  he  had  been  informed  Mr.  Itandnlph 
did,  and  would,  hold  him-elf  responsil)Ie  to  him 
for  any  observations  he  inifrhl  make  in  relation 
to  liim ;  and  Unit  I  ((»en.  .lesup)  distinctly  un- 
dei-stood  from  Mr.  Uaudolph,  before  I  delivered 
the  note  of  M".  Clay,  that  he  waived  liis  privilege 
as  a  senator. " 

To  this  Col.  Tatnall  replied: 

"As  this  expression  (diil  and  would  hold  him- 
self responsible.  Ac.)  may  be  const iiied  to  mean 
that  Mr.  Ibindolph  had  pvcii  this  intimation  no! 
oidy  before  cailcd  nj)o».  but  in  such  a  mann-r 
w  to  throw  out  to  Mr.  Clay  somethiiij;;  like  an 
invitation  t<t  make  such  a  la'.I,  I  have,  on  the 
part  of  Mr.  HaiuioI|ih.  to  disavow  any  disposiliou. 
when  exprissinjj;  his  readine-s  to  waive  his  pi ivi- 
lej^e  as  a  senator  from  Vir^iiiiia.  to  invite,  in  any 
case,  a  call  upon  him  for  personal  satisfiu-tion. ' 
The  concluding  para(rraph  of  your  note.  I  j  ic- 1 
gume,  is  inten<lt;d  to  show  merely  that  you  did 
not  present  a  note,  such  as  tiiat  of  Mr.  Clay 
to  Mr.  Uandolph,  until  you  had  a.sirrlained  his 
willinpnc^s  to  waive  his  privileire  ns  a  senator. 
This  1  infer,  as  it  was  in  your  recollection  that 
the  expression  of  such  a  readincs>  on  the  |iart  of 
Mr.  liandolph  was  hi  reply  to  an  inquiry  on  that , 
point  mode  b>  your.self.  "  , 

ThH.s  an  irritating  circumstance  in  the  aflair  was 
virtually 'ii;iitived.  and  its  oJl'ens;  e  import  whol- ' 
ly  disavows*.  For  d- v  ji ;;rt,  I  do  not  believe  that 
Mr.  Uandolph  m  <•  'ich  la.  nape  in  his  s|>i'ech. 
I  have  no  rccolleciii-u  of  havinji;  heai'd  it.  The 
publishc'ii  r^po  -t  of  iiio  sj  et."?b,  as  ♦akeii  down  b .  ' 
tlio  rcp>,r!"r  ••>  mv  \\>i  revised  '>y  Mi  speaker  i  >ii- 
tains  nothj^{.»  oi  it.     'dnv\v  t/rconadc  was  I'ln-ign  ! 


to  Mr.  Randolph's  character.  The  occasion  was 
not  one  in  which  the.se  sort  of  defiances  aro 
thrown  out,  which  arc  cither  to  ])urcha.se  a  cliepp 
reputation  when  it  is  known  they  will  bo  despis- 
ed, or  to  pet  an  advantage  in  extracting  a  chal- 
lenge when  there  is  a  design  to  kill.  Mr.  Ran- 
doljjh  had  none  of  these  viewa  w  ith  rcsjicct  to  Mr. 
Clay.  He  had  no  desire  to  fight  him,  or  to  hurt 
him,  or  gain  cheap  character  by  appearing  to 
I>ully  him.  He  was  above  all  that,  and  had 
.settled  accounts  with  him  in  his  N|)cech,  and 
wonted  no  more.  I  do  not  believe  it  wis  said; 
but  there  was  a  part  of  the  spiH-ch  which  might 
have  received  a  wrong  application,  and  led  to  the 
erroneous  report:  a  part  which  applied  to  a 
quoted  pa.ssago  in  Mr.  Adams's  Panama  message, 
which  he  comlemned  and  denounced,  ond  daiel 
the  I'lX'sident  and  his  friends  to  defend.  His 
woifls  were,  as  reported  unrevised:  "Here  I 
plant  my  foot ;  here  I  fling  defiance  right  into 
his  (the  President's)  twth ;  hen^  I  throw  the 
gauntlet  to  him  and  the  bravest  of  his  compeers 
to  come  forward  and  defend  these  lines,"  Ac.  A 
very  i)alpalile  delianco  this,  but  very  difl'eri'nt 
from  a  summons  to  personal  comb.it,  and  from 
what  was  related  to  .Mr.  Cl.-iy.  It  was  an  unfor- 
tunate report,  doubtless  the  elfect  of  imlistinct 
apprehension,  and  the  more  to  be  rcgix'tted  a.-;, 
niter  having  been  a  main  cause  inducing  the 
challen;,'e.  the  disavowal  could  not  stop  it. 

Thus  the  agiH-inuiit  for  the  nieeting  was  ab- 
.soliite  ;  and,  according  to  the  expectation  of  the 
princijials,  the  meeting  itself  would  be  imme- 
diately;  but  their  .seconds,  frcnn  the  most  laud- 
able feelings,  detennined  to  del.iy  it,  with  the 
hope  to  jirevent  it,  and  did  keep  it  otf  a  week, 
admilliiig  me  to  a  participation  in  the  gmid  work, 
as  being  already  priv}'  to  tlu;  adiiii  and  fiienilly 
to  both  parties.  The  challenge  stated  no  specifa; 
ground  of  oU'encc,  specified  no  exce|itioiiable 
words.  It  was  iiereniptory  ami  general,  for  an 
"unprovoked  'ittack  on  his  (Mr.  Clay's)  char- 
acter, "  and  it  dispeii.sed  whh  explanations  hy 
alleging  that  the  notoriety  and  indisputable  ex- 
istence of  the  injury  siiperseiled  the  necessity  for 
them.  Of  course  this  demand  was  bottomed  on 
a  rejmrt  of  the  words  s|)oken — a  verbal  report, 
the  full  daily  publication  of  the  debates  having 
not  then  begun — and  that  verbal  rejKirt  was  of 
a  character  greatly  to  exaspi-rato  Mr.  Clay.  It 
slate<l  that  in  the  course  of  the  debate  Mr.  Ran< 
dolph  said : 


ANNO  182fl.     JOHN  QUINCY  ADAMS.  PRI-IKKNT. 


78 


(•••iision  was 
(lunci'H  aro 
lase  a  clieup 
1  be  dospig. 
tins  a  clial- 

Mr.  Kan- 
spect  to  Mr. 
,  or  to  hurt 
•peoring  to 
t,  ami  liaii 
i|)ci.'cli,  niul 
WIS  snid; 
liieh  mi^ht 
<I  led  to  the 
plit-d  to  a 
iia  iiiessajjc, 
and  diuol 
?fi'nd.     His 

"  Hire  I 
rijiht  into 
throw  the 

S  fOIIipcCTS 

i-s, "  Ac.  A 
•y  «li(riTi'nt 
■  and  from 
tsnn  unfor- 
r  indistinct 
[•;:ivttf<l  a.s, 
'iiioinjr  till. 
>|i  it. 

1'^  wtv^  a!)- 
tion  of  the 
lie   imnic- 
nidst  iaiid- 
.  with  the 
If  ii  wi'ck, 
piHMl  work, 
id  friun<iiy 
no  spi'filio 
•cptioniilile 
•ral.  for  an 
t.v's)  char- 
rwition.s  by 
iiitnblc  ex- 
wssily  for 
ttoniod  on 
bal  reporl, 
[('«  having' 
>rt  was  of 
Clay.    It 
Mr.  Ran- 


"  That  a  letter  from  General  Salazar,  the  Mexi- 
can Minister  at  Wa-thinuton,  Kubmitted  by  the 
p'.xenitive  to  the  Senate.  Imre  the  ear-mark  of 
hiivinjj  Itcen  manufactured  or  forpe<l  by  the  Sec- 
retary of  State,  and  denounccHl  the  adminiMtra- 
tiiin  as  a  corrupt  coalition  between  the  puritan 
iiiid  blaekle^i; ;  and  added,  at  the  same  time,  that 
lie  (Mr.  Randolph)  held  himself  jwrHoiiully  re- 
H|>onsiblc  for  all  that  he  had  said. " 

This  wan  the  report  to  Mr.  Clay,  and  iijwn 
which  he  gave  the  absolute  challenge,  and  re- 
ceived the  absolute  acceptance,  which  phut  out 
all  imptiry  between  the  principals  into  the  causes 
of  the  quarrel.  The  seconds  determined  to  oi)cn 
it,  and  to  attempt  un  accommodation,  or  a 
|)eaceablo  determination  of  the  ilifliculty.  In 
consequence.  General  Jesup  stated  the  complaint 
in  a  note  to  Col.  Tatnall,  thus: 

"  The  in  jury  of  which  Mr.  Clay  complains  con- 
Hists  in  this,  that  Mr.  Uandolph  )ias charged  him 
with  !iaviu<;  forged  or  manufactured  a  pai)cr  c<m- 
nected  with  the  Panama  nnssion :  also,  that  he 
1ms  applied  to  biin  in  debate  the  epithet  of  black- 
leg. The  explanation  which  I  consider  necessary 
is,  that  Mr.  Uandolph  declare  that  he  had  no  in- 
tention of  charging  Mr.  Clay,  either  in  his  public 
or  private  capacity,  with  forging  or  falsifying  any 
paper,  or  misrepresenting  any  fact ;  ond  also 
that  the  term  blackleg  was  not  intended  to  apply 
to  him." 

To  this  exposition  of  the  grounds  of  the  com- 
plaint. Col.  Tutnall  answe-ed: 

'•  Mr.  Handoliih  informr  mo  that  the  words 
used  by  him  in  debate  were  as  follows:  'That 
1  thought  it  would  be  in  my  jKiwer  to  show 
evidence  sudicicntly  presumptive  to  sati-sfy  a 
t'liarlotte  (county)  jury  that  this  invitation  was 
niauiifactured  here — that  Salazar's  letter  struck 
nie  as  bearing  a  strong  likeness  in  i)oint  of  style 
to  the  other  |)a|K'rs.  I  did  not  undertake  to 
jirove  this,  but  expresswl  my  suspicion  that  the 
fact  was  so.  I  anplie«l  to  the  administration  the 
epithet,  puritaiuc-<liplomatic-black-legged  ad- 
ministration. '  Mr.  Uandolph,  in  giving  these 
words  as  those  uttered  bj-  him  in  debate,  is  un- 
willing to  allbnl  any  explanation  as  to  their  mean- 
ing and  application. " 

In  this  answer  Mr.  Randolph  remained  u|K)n 
his  original  ground  of  refusing  to  answer  out  of 
llu!  Senate  for  words  spoken  within  it.  In  other 
re.^|H!cts  the  statement  of  the  words  actually 
spoken  greatly  ameliorated  the  oU'ensive  ix'|K)rt, 
till'  coarse  and  insulting  words,  '••  J'ltr^'iiig  mid 
Jiilsiji/iii!,', "  being  di.^'avowed,  as  ii.  fact  they 
were  not  nsetl,  nnd  are  not  to  be  foimd  in  the 
published  re]X)rt,    The  si)eech  wiu  a  bitter  phi- 


lippic, and  intended  to  be  so,  taking  for  its  |Kiint 
the  alleged  coalition  between  Mr.  Clay  and  Mr. 
Adams  with  res|nrt  to  the  election,  and  their 
etlbrts  to  get  up  a  |><>pular  (|iieslion  contrary  to 
our  policy  of  non-entanglemiiit  with  foreign  na- 
tions, in  sending  ministers  to  the  congress  of  the 
American  states  of  Spanish  origin  at  the  Isthmus 
of  Panama.  I  heard  it  all,  and,  though  sharp 
and  cutting,  I  think  it  might  have  been  heard, 
had  he  biteu  present,  without  any  nuinifestution 
of  resentment  by  Mr.  Clay.  The  part  which  ho 
took  so  seriously  to  heart,  that  of  having  tho 
Panama  invitations  manufactured  in  his  ofllce, 
was  to  my  mind  nothing  more  than  attributing 
to  liim  a  diplomatic  su|)eriority  which  enabled 
him  to  obtain  from  the  South  American  ministers 
the  invitations  that  he  wanted ;  ami  not  at  all 
that  they  were  spurious  fabrications.  As  to  tho 
expression,  " hlarkltir  utid  jmrittin, "  it  waa 
merely  a  sarcasm  to  strike  by  antithesis,  and 
which,  lieing  without  foundation,  might  have  ln'cn 
disregarded.  I  presented  these  views  to  tho 
parties,  and  if  they  had  come  from  Mr.  Hanilolph 
they  ntight  have  In-en  sullicient  ;  but  he  was  in- 
exorable, and  would  not  authori/e  a  word  to  bo 
said  Iwyond  what  he  had  written. 

All  hope  of  accoinuKHlation  having  vanished, 
the  seconds  prweeded  to  arrange  for  tlie  duel. 
The  afternoon  of  isatunlay,  the  Mh  of  Apiil.  was 
fixed  u|Mm  for  the  tune  ;  the  right  bank  of  tho 
Potomac,  within  the  State  of  Virginia  ibove  tho 
Little  Falls  briflgt-,  was  the  place, — pistols  tho 
weaitons, — distance  ten  paces ;  each  |iarly  to  bo 
attended  by  two  seconds  and  a  surgitm  and  iny- 
Si'lf  at  liberty  to  attend  as  a  mutii.il  friend. 
There  wits  to  Ixi  no  |)raetisiug  with  p  >ls,  and 
there  was  none ;  and  the  words  "  one  '  two, " 
'•  thix-e,  "  '•  stop, "  after  the  word  "  i  '  were, 
1*3'  agreement  between  the  seconds  .  Oir  tho 
hunuine  purjsjse  of  R-duciiig  the  ri  >i<li  as  near 
as  possible  to  chance,  to  Ite  given  in  (|uiek 

succession.  The  Virginia  si<le  ol  \-  I'otomuo 
was  taken  at  the  instance  of  Ml  '.i; 'lol|ih.  Ho 
went  out  as  a  Virginia  senator,  m-ing  to  ctmi- 
promise  that  character,  and,  if  ii<  ti  11  in  defenco 
of  its  rights,  Virginia  soil  was  to  him  the  chosen 
ground  to  receive  his  bliMMl.  Then  wa»u  statute 
of  the  State  against  duelling  within  her  limits  ; 
but,  a.s  he  merely  went  out  to  nt eive  a  lire  with- 
out returning  it,  he  deemed  that  i"i  fighting,  and 
consequently  no  breiuh  of  her  iH'iile.  This 
reuHuu  for  choosing  Virginia  couhl  only  bo  <ex 


T    ' 


rs  ■ 

■u 


V  a 


I    ]U 


f 


'.I   'f 


1  'I 


*\  ; 


J  ; 


74 


THIRTY  YEARS'  VIEW. 


plained  to  mo,  aa  I  alono  was  the  dciiository  of 
liis  secret. 

Tlic  week's  delay  which  the  seconds  Iiad  con- 
trived was  ahout  expirinj;.  It  was  Friday  even- 
ing, or  rather  nijiht,  when  I  went  to  see  Mr.  Clay 
for  the  last  time  before  the  duel.  There  had  been 
pome  alienation  iMjtwccn  us  since  the  time  of  the 
presidential  election  in  thfe  House  of  Representa- 
tives, and  I  wished  to  give  evidence  that  there 
was  nothing  jwrsonal  in  it.  The  family  were  in 
the  parlor — company  pre.sent — and  some  of  it 
staid  late.  The  younpest  child,  T  believe  James, 
went  to  sleep  on  the  sofa — a  circumstance  which 
availed  ine  for  a  piuiHJse  the  next  day.  Mrs. 
Clay  was,  as  always  since  the  deathof  her  daugh- 
ters, the  picture  ofdesolation,  but  calm,  conversa- 
ble, and  without  the  slightest  apparent  conscious- 
ness of  the  impending  event.  When  all  were 
pone,  and  she  also  had  left  the  parlor,  I  did  what 
1  came  for,  and  said  to  Mr.  Clay,  that,  no* with- 
standing otM*  late  |)olitiral  differences,  my  jie!  sonal 
f'.'olings  towards  him  were  the  same  as  fomerly, 
and  that,  in  whatever  concerned  his  life  or  honor 
my  best  '.vishcs  were  with  him.  He  e.xpresswl 
his  gratidcution  ut  the  visit  an<l  the  declaration, 
and  saiil  it  was  what  ho  would  have  expected  of 
me.     We  jmrted  at  midnight. 

iSatiuilay,  the  hlli  of  .\pril — the  day  for  the 
duel  —had  come,  and  almost  the  hour.  It  was 
noon,  ami  the  meeting  was  to  take  place  at  4 2 
o'clock.  1  Iwul  gone  to  see  Mr.  Randolph  before 
the  hour,  and  for  a  pur|)Ose;  and,  besides,  it  was 
Ko  far  on  the  way,  as  ho  lived  half  way  to 
fieorgetown.  and  we  had  to  pass  through  that 
plac*'  to  cross  the  Potomac  into  Virginia  at  the 
Little  Falls  bridge.  I  had  heanl  nothing  from 
him  on  the  jwint  of  not  returning  the  (ire  since 
the  flist  couuuunication  to  that  ellect,  eight  days 
l)efoi'e.  I  liail  no  reason  to  dotibt  the  steadiness 
of  his  determination,  but  felt  a  desire  to  have 
fiesh  a.ssurance  of  it  after  so  many  days'  delay, 
and  so  near  approach  of  the  trying  moment.  I 
knew  it  would  not  do  to  ask  hiu'  the  cpiestion — 
any  (juestion  which  would  imply  a  doubt  of  his 
word.  His  sensitive  feelings  would  be  hurt  and 
annoyed  at  it.  So  1  fell  u|Kjn  a  scheme  to  get  at 
the  iiKpiiry  without  seeming  to  make  it.  T  told 
him  of  my  visit  to  Mr.  Clay  (he  night  before — 
of  the  late  sitting — the  child  asleep-  -the  un(;on- 
Bcious  traoipiillily  of  .Mrs.  t'lay;  and  added,  I 
could  not  help  reUe<!tiiig  how  dillerent  all  that 
might  be  the  next  uight.     He  understood   me 


perfectly,  and  imme<liately  said,  with  a  quietude 
of  look  and  expression  which  seemed  to  rebuke 
an  unworthy  Uoubt,  •'  /shall  do  nothing  to  dia- 
tnrh  the  sleep  of  the  cUiiU  or  the  repose  of  the 
mother,''^  and  went  on  with  his  employment — (his 
seconds  Iwing  engaged  in  their  preiMirations  in  a 
dinbrcnt  room) — which  was,  making  codicils  to 
his  will,  all  in  the  way  of  remembrance  to 
friends ;  the  bequests  slight  in  value,  but  inval- 
uable in  tenderness  of  feeling  and  beauty  of  ex- 
pression, and  always  appropriate  to  the  rea-iver. 
To  I^fr.  Macon  ho  gave  some  English  shillings, 
to  keep  the  game  when  he  played  whist.  His 
namesake,  John  Randolph  Bryan,  then  at  school 
in  Baltimore,  and  since  married  to  his  niece,  had 
been  sent  for  to  sec  him,  but  sent  oil*  before  the 
hour  for  going  out,  to  save  the  boy  from  a  possi- 
ble .>-hock  at  seeing  him  brought  back.  Ho 
wanted  some  gold — that  coin  not  being  then  in 
circulation,  and  only  to  bo  obtained  by  favor  or 
purchase — and  sent  his  faithful  man,  Johnny, 
to  the  United  States  Branch  Bank  to  get  a  few 
jtieces,  American  being  the  kind  asked  for. 
Johnny  returned  without  the  gold,  and  delivered 
the  excuse  that  the  bank  had  none.  Instantly 
.Mr.  Randolph's  clear  silver-toned  voice  wils 
heard  alwvo  its  natural  j)itch,  exclaiming,  "  Their 
name  is  legion  !  and  they  are  liars  from  the  be- 
ginning. Johnny,  bring  me  my  horse."  His 
own  saddle-horse  was  brought  him — for  ho 
never  rode  Johnny's,  nor  Jithnnj'  his.  though 
Initli,  and  all  his  InmdnMl  horses,  were  of  the 
iinest  English  blood — and  roslo  off  to  the  bank 
down  Pennsylvania  avenue,  now  Corcoran  & 
Riggs's — .Johnny  following,  as  alwtt3's,  forty 
paces  behind.  Arrived  at  the  bank,  this  scene, 
according  to  my  informant,  took  place: 

"  Mr.  Randolph  aske«l  for  the  state  of  his  ac- 
count, was  shown  it,  and  found  to  be  some  four 
thousand  dollars  in  his  favor.  He  asked  for  it. 
The  teller  took  tip  packages  of  bills,  and  civilly 
asked  in  what  sized  notes  ho  would  have  it.  '  I 
want  money,'  sai<I  Mr.  Randolph,  putting  em- 
phasis on  the  word  ;  and  at  that  time  it  reipiired 
a  Im)I<I  man  to  intimate  that  Unite<l  States  Rank 
nnt(  s  were  not  n»oney.  The  teller,  l>eginning  to 
understand  him,  and  willing  to  make  sure,  said, 
incpiiringly,  '  You  want  silver  V  'I  want  my 
money  ! '  was  the  reply.  Then  the  teller,  lifting 
boxes  to  tiie  counter,  said  i)olitoly:  'Have  you 
a  cart,  Mr.  Randolph,  to  put  it  in?'  'That  is 
my  busin.iss,  sir.'  said  he.  By  that  time  the  at- 
tention of  the  cashier  (.Mr.  Richard  Smith)  was 
attnicted  to  what  wa.s  going  on,  who  came  up,  and 
understuudiiig  the  question,  and  its  cause,  told 


Mr.  Raiidol) 
given  to  his 
should  huvc 

In  fact,  lu 
which   he  w 
brought  aboi 
were  receive 
with ;  but  tl 
check  taken 
returned  am 
I  was  to  ojM' 
if  ho  was  no 
read  before 
a  request  to 
was  killed, 
believe  nine- 
Fame  nundie 
make  seals  ti 
were  all  thre 
and  soon  sat 
ill  a  carriage, 

I  have  airo 
quick  after  ; 
reason  which 
To  .Mr.  RaiKl 
who,  though 
to  be  hit.  thi.s 
mid  (piick  an 
sc'iited  no  obj( 
ferent.  Witl 
aiul  gave  rise 
ftteness  in  c( 
communicate( 
Mr.  IlandolpI 
ami.  aided  I 
ground,  unset 
niination  whii 
Clay.     I  now 

'•  When  I  t 
llio  manner  ii 
presst-'d  soint 
accustomed  t 
not  be  able  t' 
ii'iison  alono 
I  mentioned 
Clay.  He  i 
liinc  must  be 
ri-iet  it.'  1 
jirolongiiig  tl 
would  ac<pii( 
carrii'd  out." 

1  knew  nol 
tpiak  with  I 


ANNO  1820.     JOHN  QUINCY  ADAMS,  PRESIDENT. 


75 


of     tlu! 

iic!  I)aiik 
ironm  it 
forty 


Mr.  Randolph  there  was  n  mistake  in  the  answer  cros-scd  the  Little  Falls  bridge  just  after  them, 
given  to  his  servant ;  that  thev  had  gold,  and  he  i  an,|  come  to  the  place  where  tlie  m-rvants  and 
Hhcld  have  what  he  wante.1.''  j  ^^^^j^^^.^  ,„^,,  ^j„|,|^.,,      ,  ^,^^^  ,,^,,^.  ^^  j,,^.  ^,^.,,. 

In  fact,  he  ha<l  only  applied  for  a  few  pieces,  j  tlenien,  and  Kupr)osed  tliey  had  all  gone  to  tho 
which  he  wantetl  for  a  Kjwcial  pur|)ose.     This    «I»ot  "'"•••"  t*>"  ground  was  heinj;  marked  olf; 


liroiif^ht  al)Out  a  compromise.  The  pieces  of  gold 
were  received,  the  cart  and  the  silver  dispensed 
with  ;  hut  the  account  in  hank  was  closed,  and  a 
chock  taken  for  the  amount  on  New- York.     He 


but  on  s|K>aking  to  Jolmny,  Mr.  Himdolpii,  who 
was  still  in  liis  carriage  and  heard  my  voice, 
looked  out  from  tlie  window,  and  haid  to  me : 
"  Colonel,  since  I  saw  you,  and  since  I  have  been 


returned  and  delivered  me  a  scaled  paper,  which  '"  ^•>'«  ratriagi',  I  have  heard  something  which 
I  wa«  to  open  if  he  was  killed— give  back  to  him  '»>"!/  make  me  change  my  determination.  Col. 
if  he  was  not ;  also  an  open  slip,  which  [  was  to  Hamilton  will  give  you  a  note  wiiich  will  explain 
read  before  F  got  to  the  ground.  This  slip  was  j  "t-"  t-'ol-  Hamilton  was  tlien  in  the  carriage, 
a  request  to  feel  in  his  left  breeches  |)Ocket,  if  he  i  nn«l  Rnve  me  the  note,  in  the  course  of  the  even- 
was  kille<l,  and  flml  .so  many  jiieces  of  gold— 1  !  '"R-  "f  wl'''h  ^^r-  Handolph  spoke.  1  readily 
believe  nine— take  three  for  myself,  and  give  the  ,  comprehended  that  this  possible  <liange of  deter- 
same  number  to  Tatnall  and  Hamilton  each,  to  I  inination  relate<l  to  his  firing  ;  but  the  empliasis 
make  seals  to  wear  in  remembrance  of  him.  We  j  «"'''>  which  he  pron.)unce<l  the  word  "(wui/" 
were  all  three  at  .Mr.  Randolph's  hKlgings  then,  |  •''farly  showed  that  his  mind  was  uudetide.l,  and 
and  .soon  sat  out,  Mr.  Randolph  and  his  seconds  ^  •^"'^  "^  doubtful  whether  ho  would  tiro  or  not. 
ill  a  carriage,  ]  following  him  on  horseback.  |  ^o  further  conversatioji  t(M)k  place  between  us ; 

I  have  already  said  that  the  count  wius  to  Imj  .  t*>^'  preparations  for  the  duel  were  tinished ;  the 
quick  after  giving  the  word  "lire,"  and  for  a  ;  parties  went  to  their  places;  ami  I  went  forward 
reason  which  could  not  be  told  to  tho  principr '  j  '»  »  l''*-'cc  of  rising  groun.l,  fnnn  which  I  coidd 
To  Mr.  Ranilolph,  who  did  not  mean  to  fire,  ar .  ,  «"'  "^^at  passi-d  ami  hear  what  was  said.  The 
who,  though  agreeing  to  be  shot  at,  had  no  desire  ^  fnitl'f"!  ''ohnny  followed  nr  ■ :  -,  s|Ku»king  not 
to  be  hit,  this  rapidity  of  counting  out  the  time  a  word,  but  evincing  the  d.  i-  ;  .nxiety  for  his 
nnd  (juiek  arrival  at  the  connnaiul  "stop"  pR"-  ,  beloved  master.  The  plwre  win  a  thick  forest. 
scMited  no  objection.  With  Mr.  Clay  it  wa.s  dif-  ""'^  ""-  ""'mi-diate  s|)ot  a  little  depression,  or 
ftient.  AVith  him  it  was  all  a  real  transaction,  '"i^^''  '"  «'''«"''  t'>e  parties  slowl.  The  princiinils 
and  gave  rise  to  some  proposal  for  more  deliber-  saluted  each  other  courteously  as  they  ttxik  their 
nteness  in  counting  off  the  time;  whi(!h  being  |  "tands.  Col.  Tatnall  had  won  the  choice  of  po- 
cunuuunicated  to  Col.  Tatnall,  and  by  him  to  s'l'»".  "'•''c'' t-'a^*^^ '•>  <'^'»- •'<'*"l' t''^' ''^'''v«ry  of 
Mr.  Hiindolph, nod  an  ill  etlect  upon  his  feelings,  *''"  "■«^''*'-  '^h-y  stood  on  a  line  ea.st  and  west— 
and.  aided  by  an  untowai^r  accident  on  the  »  >*"iall  stump  just  behind  Mr.  (lay  ;  a  low 
ground,  unsettled  for  a  moment  the  noble  deter- i  K'a^t-lly  bank  rosi- just  behind  Mr.  Uamlolph. 
niination  which  he  had  fonntnl  not  .o  lire  at  Mr.    '^'''''^  'a"er  asked  Cen.  Jcsup  to  repeat  the  word 


as  he  would  give  it ;  and  while  in  the  act  of  doing 
so,  and  Mr.  Randolph  adjiistuig  the  butt  of  his 
pistol  to  his  hand,  the  mu/./.le  |Miinting  down- 
wards, and  almost  to  tlir  ground,  it  lired.  In- 
stantly Mr.  Randolph  turned  to  Col.  Tatnall  anil 


Clay.     I  now  give  the  words  of  Gen.  Je.sup : 

'•When  I  rejK'ated  to  Mr.  Clay  tin*  'word'  in 
Uie  manner  in  which  it  would  b<'  niven,  he  ex- 
))re.s.sed  some  apprehension  that,  as  he  was  not 
accustomed  to  the  u.se  of  the   pistol,  he  might 

not  be  able  to  lire  within  the  time,  ami  for  that  said  :  "  I    proteste<l    against   that   hair  trigger." 

reison  alone  <le.sired  ;liat  it  might  be  i.rolonge<l.  (■„!.  Tatnall  took  blame  to  him.self  for  having 

1   iiuntioiied  to  Col.  Tatnall   the  desir"  of  Mr.     .  .,     i    ;_      m„  /m..i..  i.    .  .i :_ 

,,,           ,,          ••    1  ,!,■           •       .              .   .1  si)rung  the  hajr.     Mr.  (lay  had  not  tlun  n-ceiv- 

llay.      He  replied, 'II    you   insist   upon  it,  the  ...       -                ,  ,                   ,      . 

tirni' must  be  prolonged,  but  I  .should  very  much  ^■''  '"^  1"«*"'-      ^^•«>"<''>'   dohn.son,  of   Louisiana 

ic'^ivt  it.'     1  informed  him  I  did  not  insist  u|)on  (.Io.>iah)  oneofhissecoiui.s,  w.l^••arr>mgit  tohim, 

proionging  the  time,  ami  I  was  sure  Mr.  Clay  ami  still  several  steps  from  him.     'ibis  untimely 

would  lUHiuiescc.     The  original  agreement  wa.s  ,.        ,       ,,     ,^.^^,    ^„  ,^,,^.i,,^.,„   „,,.,„„^,,i,,.      ,0 

earned  out."  '          ^              •                            .... 

ris*'  to  some  remarks,  and  a  species  ot   iiu|Uirj', 

I  knew  nothing  of  this  until  it  was  too  late  to  which  was  conducted  with  the  utmost  dilicary, 

Bpiak  with  tho  seconds  or  principals.    I  had  1  lulwhk:h,in  itself,  waaufanaturetoln'ine.vpieti- 


Nya 


.1 ' 

f 


m 


76 


TnniTY  YEARS'  VIEW. 


n 


sibly  pninrul  t<»  a  jji-ntlfinnii's  fMtlinf:;**.  Mr.  Clay 
gto|»|M?il  it  witJi  till'  pt'iKToiiH  remark  that  the  fire 
vrus  .  K-nrly  uti  acfidi-nt :  and  it  was  ho  iinani- 
inously  <li'<'larf(|.  AnoHiur  pistol  wa.s  iniiniMli- 
atoly  riimiHhe<| ;  and  i-xchongc  of  shots  took 
pliu-e,  and,  happily,  witliont  effect  upon  the  per- 
8ons.  Mr.  Randolph's  bullet  ntruck  the  stunip 
behind  Mr.  Clay,  and  Mr.  Cliiy'a  knocked  up  the 
earth  and  gravol  la-hind  Mr.  Uanrlolph,  and  in  a 
line  with  the  level  of  his  hip.s,  both  bullets  hav- 
ing gone  so  true  and  close  that  it  was  a  marvel 
how  they  missed.  The  moment  had  come  for 
me  to  intorjiosie.  I  went  in  among  the  parties 
and  olfereil  my  mediation  ;  but  nothing  could  I>o 
done,  Mr.  Clay  said,  with  that  wave  of  the 
hand  with  whi<;h  he  was  accustome<l  to  put  away 
a  trille,  "  7%w  in  rhilfl'n  pfaij!''^  and  required 
another  fire.  Mr.  Ilandolph  also  demaTi'lc! 
another  fire.  The  seconds  were  di'-ected  to  re- 
loail.  While  this  was  doing  I  pfevailc<l  on  Mr. 
Randolph  to  walk  away  from  fiis  i)ost,  and  re- 
newed to  him,  more  pre.'isiigly  than  ever,  my 
iin|K)rtiniitii's  to  yield  to  some  accommodation  ; 
but  I  found  him  more  detern\ine<l  than  I  hud 
ever  s(H'n  him.  and  for  the  first  time  impatient, 
and  setminfily  annoyed  and  dksutisfled  at  what 
I  was  l^Mu..  llo  was  indeed  annoyetl  and  di.s- 
fijiti^lied.  i'he  accidental  Hit  of  his  pistol  preyed 
U|H)n  his  feelings.  He  was  doubly  chagrined  at 
it,  both  ns  n  cinumstauci'  suscejitible  in  itself  of 
an  iinfiiir  int<  r|intatioi),  and  as  having  been  the 
immediate  am!  controilinv  '  ".use  of  his  firing  at 
Mr.  Clay.  He  regretted  I'l;  i  fire  the  instant  it 
was  over.  He  felt  Ihiit  it  hoil  subjected  him  to 
imputations  I'l'om  which  he  knew  himself  to  be 
free— a  desire  to  kill  Mr.  Clay,  and  a  contempt 
for  tiie  laws  <if  his  bel<,ved  .State;  and  the  an- 
noyances which  bo  felt  at  these  vexatious  cir- 
cumstunres  revived  his  original  determination, 
and  ilecidod  him  irrevocably  to  carry  it  out. 

It  was  in  tills  interval  that  he  told  me  what 
lie  had  In  iiid  since  we  parted,  and  to  whi<'h  he 
alhxled  when  he  siM)ke  to  mo  from  the  window 
of  the  carriage.  It  was  to  this  elllct :  That  he 
hail  been  informed  by  Col.  Tatiuill  that  it  was 
I)ix>|M)«ie<l  to  give  out  the  words  with  more  delib- 
cralenesK,  so  as  to  i)rolong  the  time  for  taking 
aim.  This  information  grated  harshly  uiK)n  his 
feeling*-'.  It  unsettled  his  purjjose,  and  brought 
his  mixd  'o  the  inipiiry  (as  he  now  told  me,  and 
as  I  f()un<l  it  exiiressed  in  the  note  which  he  had 
immediately  written  in  pencil  to  ajiprisc  me  o  " 


hift  possible  change),  whether,  under  these  cir- 
cumstances, he  might  not  " dUable'^  his  adver- 
sary i  This  note  is  so  characteristic,  and  such 
an  essential  part  of  this  atfair,  that  I  here  give 
its  very  words,  so  far  as  relates  to  this  |s)int.  it 
ran  thus : 

"  Fnformatiim  n-ceiveil  from  Col.  Tatnal!  since 
I  got  into  the  carriage  maij  induce  me  to  rliaiif;c 
my  mind,  of  not  n-lurning  Mr. 'lay's  llii'.  1 
st>ek  not  his  death.  I  would  not  have  bis  lilninl 
u|H)n  my  hands — it  will  not  be  tipon  my  soul  if 
shed  in  self-defence — for  the  world.  He  has  de- 
termined, by  the  use  of  a  long,  iireparalorv  cau- 
tion by  words,  to  get  \.\\\w  to  kill  me.  .May  1  not, 
then,  <li.Hable  him  ?    Yes.  if  I  piciisi-." 

It  has  been  seen,  by  the  statement  (>f  (!tn. 
Jesup,  already  given,  that  this  •'  injur maliitii  " 
was  a  misapprehension :  that  Mr.  Clay  had  not 
anj;!'ed  for  a  prolongation  of  time  for  the  purpose 
of  gciting  sure  aim.  but  cmly  to  enable  his  unused 
hand,  1<  ng  unfamiliar  with  the  pistol,  to  lire 
within  ihe  limited  time;  that  there  was  no  pro- 
longati  in,  in  fact,  either  granted  or  insi.steil  u|Min  ; 
but  lie  was  in  doubt,  and  (ieneral  Jesup  having 
won  the  word,  he  was  having  him  rejH'ut  it  in 
the  way  ho  was  to  give  it  out,  when  his  tiiij;er 
touched  the  hair-trigger.  How  unfortunate  that 
I  did  not  know  of  this  in  time  to  speak  to  (ii  n- 
eral  Jtsi-p,  when  one  woni  fir)m  him  would  have 
set  all  right,  and  saved  the  imminent  risks  incur- 
red !  This  inquiry,  "May  I  not  disable  him?"  was 
still  on  Mr.  Randolph's  mind,  and  dependent  Cor 
its  solution  on  the  rising  incidents  of  the  moment, 
when  the  accidmtiil  lire  of  his  pistol  gave  the 
turn  to  his  feelings  which  solved  the  doubt,  liut 
he  declared  to  me  that  he  had  not  aiine<l  at  the 
life  of  .Mr.  Clay  ;  that  he  did  not  level  as  high  as 
the  knees — not  higher  than  the  knee-baud  ;  "  for 
it  was  no  mercy  to  shoot  a  man  in  the  knee;" 
that  his  only  object  was  to  (Msuble  him  and  s|K)il 
his  aim.  And  then  added,  with  a  beauty  of  e.\- 
jiressiim  and  a  depth  of  feeling  which  no  studieil 
oratory  can  ever  attain,  and  which  I  shall  never 
forget,  these  impressive  words:  '•  /  would  not 
fitivfi  Hcrn  him  full  niortalhj,  or  ercn  tlonhlj'iilly 
iruumli'd,  for  idl  l/ii'  litnd  tliiit  in  iratered  tnj 
(he  Kint;  of  I'IooiIh  and  all  his  tribtitanj 
ntrctimMy  He  left  mo  to  resinne  his  post,  utterly 
reAising  to  ex|)lain  out  of  the  Senate  any  ihiii^ 
that  he  had  .said  in  it,  and  with  the  po.sitive  dec- 
laration that  he  wonlil  not  return  the  next  flru. 
1  witlxhew  a  little  way  into  the  wnod.s,  and  kept 
my  eyes  llxed  on  Mr.  Uandol|ih,  who  1  then  knew 


to  )m)  the  01 
the  fire  of 
in  the  saiii 
pistol — dis( 
do  not  fire 
advancing  u 
the  sanu'  spi 
Mr.  Ilainlo 
roal.  Mr.  ( 
the   skirt 
which   Ml 
•  I  It  in  ffliiil 
up.  and  was 
obliged  to 
of  all  was  1 
must  critica 
lighter  hear 
KMp  with  .M 
us  wante<I  < 
terislic  tijut 
bank  to  say 
take,  $i:W  t 
H  ijintr  mil 
till-  liiiii;  an 
answer  tin 
Mr.  llando|| 
wopli'  in  nut 
asked    for  ll 
oitened  it,  toi 
my  favor,  ai 
have  hiin  car 
under  his  pat 
at  WashingI 
him.     He  tc 
IKicket,  and 
I).  ■  fientlen 
you  of  your 
will  have  tin 
nn)st  churac 
cerned.    He  i 
and  iin|uirei 
had  often  It 
dated  on  thn 
Carolina.     I 
II  coat  of  ai 
nuiipant.     'I 
the  arms  eiij 
iiave  since  hi 
Factiii  voii 
accustonied 
into  et.     Ihi 
uot  muruly  \ 


ANNO  182«.    JOHN  QUINCY  ADAMS.  PREUIDENT. 


rr 


'  thcw!  cir- 
liJN  udvi-r- 
,  itixl  siirli 
I  Iktc  j;ivo 
K  |Miiiit.    It 

itn.'ill  sinco 
'  to  clinii^c 
,'s  (ir...  I 
(■  liis  liliiixl 
my  soul  if 
III"  hiis  (Ic- 
riilory  cmi- 
Miiy  I  not, 

nt  of  fJin. 
irniuliiiit " 
ly  Imd  not 
tlio  |)ur|io^i' 
his  iiniiscil 
tol,  to  lire 
vas  no  |iro- 
i.Nti'ij  u|Min ; 
sup  liuviiii^ 
v|K'iit  it  in 
his  linmr 
tnnuti'  iliat 
Ilk  to  <ii  n- 

A'OUM  IlilVO 

i.-.ks  incnr- 

liiin?"  \\nH 

K-ndcnt  for 

;  inoMH-nt. 

pave  the 

uuht.    Iiut 

nu'il  at  tiiu 

us  hi(;h  ns 

>aiiil ;  •'  for 

the  kntt-;" 

and  s|Hjil 

uty  of  I'x- 

no  sludii'd 

lall  \w\vT 

Could   iiul 

liinlilj'ully 

attred  by 

tiihutunj 

)st,  utterly 

uny  thih;^' 

)silivt'  (li'c- 

nixt  firu. 

i.  and  kt'|it 

llion  knew 


to  Ik!  tlio  only  one  in  dan-jiT,    I  saw  him  n-ci-ivc 
thi'  tire  of  Mr.  Clay,  saw  tin-  pravil  knocked  up 
in  t!iu  saniu  |ilace,  saw  Mr.  !(andol|ih  rui.sv  hm 
jiistol — discharRu  it  in  the  air ;  heard  him  Kay,  '  / 
do  not  fre  at  you,  Mr.  Clay  j'  and  immetli.tely 
advnnciii};  and  ottering  his  hand.     He  was  met  in 
the  same  spirit.   They  met  half  way.  shook  handt*, 
Mr.  Uandolph  sayinj;,  jcn-osely,  '  You  o',ri'.  vir  a 
root.  Mr.  rY«y— (the  Imllet  had  parsed  through 
till'  skirt  of  the  coat,   very   near  the  hi])) — to 
whiili   Mr.  Clay  promptly  an<l  happily  repliwi, 
•  /  inn  •:liid  Ihr  di'hl  in  no  ^milrr.^    f  had  eoine 
up.  and  was  prompt  to  pnx-laim  what  I  hud  lieen 
ohli/ed  to  keep  secret  for  eipht  days.     The  joy 
of  all  was  extreme  nt  this  liappy  termination  of  a 
most  critical  atl'air ;  and  we  inimedintely  left,  with 
|i;;liter  heart.s  than    we  l>roii;;ht.     I  stopin-d  to 
sup  with  Mr.  Itandolph  and  his  friends — none  of 
\is  wauled  dinner  that  day — an<l  had  a  charac- 
teristic time  of  it.     A  rinmer  came  in  from  the 
bank  to  say  that  they  hud  overpaid  him,  hy  mis- 
take, ijill.'!!)  tlint  day.     lie  answered,  '  I  l»elie\e  it 
t't  ijoin-  rule  not  to  vonrrt  minlukvit,  e.rojtt  at 
till-  lime,  find  at  your  cnuuter.^    And  with  that 
answer  the  rnimer  lunl  to  return.     AVhen  pone, 
Mr.  Uundolph  said,  '/  in//  pay  it  on  Monday: 
people,  inunt  he  honeiit,  if  hitnkn  arc  »»o/.'     He 
askeil   for  the  sealed   pa|K'r  ho  had  given  mo, 
opened  it,  took  out  a  cliwk  for  .Sl,<"*",  drawn  in 
my   favor,  and   with   which  I   was  reipiesteil  to 
have  lum  carrietl.  if  killed,  to  Virginia,  and  buried 
under  his  patriujonial  oaks     iiot  let  him  1h)  huried 
at  Washington,   witli    nn   hundred   hacks   after 
hitn.     He  t<K)k  the  gold  from  his  left  breeches 
|H)cket,  and  said  to  ns  (Hamilton,  Tatmill,  and 
I),    (lentlemen.  Clay's  bad  shooting  shan't  rob 
you  of  your  seals.     I  am  going  to  London,  auil 
will  have  then>  nui<le  for  you  ;'  wliich  he  did,  and 
most  clniructeristically.  so  fur  as  mini!  was  con- 
curned.    He  went  to  the  lieraM's  ollice  in  London 
and  in<iuireil  for  the  Uenton  family,  of  whieli  I 
had  often  told  him  there  was  nono,  an  wu  only 
dateil  on  that  .side  froni  my  grandfather  in  North 
Carolina.     Itut  the  name  was  found,  and  with  it 
a  coat  of  arms — among  the  quarterings  a  lion 
rampant.     That  is  the  family,  said  he;  and  hud 
the  arms  engraveil  on  the  seal,  tin-  same  which  1 
have  since  habitually  worn  ;  and  added  the  motto. 
t\icti»  von  vcrbin :  of  which  he  was  uflerwurds 
aceu.stomed   to  say  the  luni  shmlil  be  changed 
into  et.     lint,  enough.     I  run  into  these  details, 
uut  merely  to  relate  nn  event,  but  to  show  cha- 


racter ;  and  if  I  have  not  done  it,  it  iii  not  for 

want  of  material,  but  of  ability  to  u.se  it. 

(Ml  Monday  the  |>nrties  exchanged  card.s,  and 
social  relations  were  formally  and  courteously  re- 
stored. It  was  ulxiut  the  last  high-toned  due) 
that  I  have  witnessed,  and  among  the  highest- 
toned  that  I  have  ever  witnes.sed,  und  ho  happily 
•xmilui'ted  to  a  fortunate  issue — a  result  due  to 
the  noble  character  of  the  seconds  as  well  as  to 
the  generous  ami  heroic  .spirit  of  the  principals. 
Certainty  <lnelling  is  bad,  and  has  lieen  put  down, 
but  not  quite  so  bud  as  its  subslit\ite — revolver:^, 
bowie-knives,  bhickguarding,  and  htreel-assnssi- 
nations  under  tlie  pretext  of  self-defence. 


'■'■  I  3  ' 


CUAPTKll   XXVII. 

DKATII  OK  MIt.  OAILLAKI). 

II K  wus  a  senator  from  South  Carolina,  and 
had  Ism  continuou.sly,  from  the  year  IHO}.  Ho 
was  live  times  elected  to  the  Senate — the  llrst 
time  for  an  unexpire<l  term — and  died  in  tho 
coiirso  of  a  term  ;  so  that  the  yours  for  w  hich 
he  hud  been  elected  were  nearly  thirty,  lie  wa.s 
nine  times  elwted  presi<lent  (»f  the  Senate  ]tru 
tempore,  an<l  jiresided  fourteen  yenrs  over  the  de- 
lilR>rationsof  thai  body, — the  deaths  of  two  Vice- 
Presidents  during  his  time  (.Messrs.  Clinton  and 
(ierr}),  nml  tiie  much  absence  of  another  ((iov. 
Tompkins),  making  long  continued  vacancies  in 
the  President's  chair, — whi«'h  he  was  called  to  (ill. 
So  many  elections,  and  such  long  <ontinued  si-r- 
vice,  terminated  at  last  only  by  death,  l>es|)eaks 
an  eminent  litness  both  for  the  place  of  Senator, 
an<l  that  of  presiding  ollicer  over  the  .Senate.  In 
the  lunguage  of  Mr.  Mucon,  he  seemed  born  for 
that  station.  Urbane  in  his  manners,  amiable  in 
tem|H-r,  .scrupniously  impartial,  alt«>ntive  to  his 
duties,  exemplary  patience,  jieriict  knowledge  of 
the  rules,  (piick  and  clear  discernment,  uniting 
altsoliitc  llrmness  of  purpose,  with  the  gre»te.«* 
gentleness  of  mamiers,  setting  young  Senators 
right  with  n  delicacy  and  amenity,  which  spared 
the  c<mflision  of  a  mistake — preserving  order,  not 
by  authority  of  rules,  but  by  the  graces  of  <le- 
|H)rtment:  such  were  the  (pnililicalions  which 
couuncnded  him  to  the  presidency  of  the  iSenate, 


T8 


THIllTV  TKAUS"  VIEW. 


m 


i 


an<l  wliich  riii-ilitnti-<l  (lit-  trniisn<-(i<)n  of  Ixii'incHs 
wliilc  iircscrviii;;  tlio  ilccdnnii  of  llic  liody.  Tlicre 
was  pr()linl)ly  not  ait  instance  t)f  disonliT,  or  it 
ilisaRiwiblc  sci'ni'  in  tho  dmnilKT,  diiiint?  Ills 
Ion;;  conlinue  I  |ircsi(lfncy.  He  clnsswl  di-nio- 
crntirally  in  iKililicH,  hut  was  a.s  niiu-li  tlic  fiivoritc 
of  one  siiK'  of  till'  lioiisf  ns  of  tlie  otiirr.  ami  that 
in  llio  liiph  party  times  of  till' war  Willi  (inal 
llrifain,  wliirh  so  much  e.\as|KTatt'<l  party  spirit. 
Mr.  (iaillanl  was,  as  his  name  wonld  indicate, 
of  French  descent,  having;  issued  from  one  of 
those  IIu;;uennt  families,  of  which  the  higotry  of 
I/)uis  XIV.,  dominated  l>y  an  old  woman,  depriv- 
ed France,  for  the  benefit  of  other  countries. 


CHAPTER    XXVIII. 

AMKN'ItMKNT  OK  TlIK  «'()\STlTrTION  IM  KKr.A- 
'IKi.N  TO  TlIK  KI.KCTIO.N  OK  I'lIKSlUhNT  ANIi 
VUKI'liKSIKKNT. 

TlIK  attempt  was  renewed  at  the  session  of 
182')-'2(i  to  procure  nn  amendment  to  the  con- 
ftitutioM,  in  relation  (o  the  election  of  the  two 
first  iii.i^isfratc-  of  the  repiililic,  so  as  to  do  away 
with  oil  intciinediate  ii^reiiciert,  and  {five  the  elec- 
tion to  the  flinrt  vote  of  the  jieople.  Several 
Bjx'cillc  propositions  were  offered  in  the  Senate 
to  that  eU'eit,  and  all  sulistitiited  liy  a  general 
jiroposition  snhmitted  l)y  Mr.  Macon — "that  a 
select  committee  he  niHMjintec!  to  rejiort  upon  the 
best  and  most  practicable  mode  of  ek-cting  the 
President  and  Vice-President:"  ami,  on  the  mo- 
tion of  Mr.  Van  Fhnen,  the  number  of  the  com- 
mit tt-e  wa.s  raised  to  nine — instead  of  five — the 
usual  number.  The  members  of  it  were  ap- 
ixiintwl  by  Mr.  Calhoun,  the  Vice-President,  and 
were  carefully  .selected,  both  gvognipliically  a.s 
coining  from  diilerent  .sections  of  the  I'nion,  and 
jjersfjiially  and  politically  as  Ixniig  friendly  to 
the  object  and  known  to  the  country.  'I'hey 
wen-:  Jfr.  Heiilon,  cliainiian,  Mr.  M.icon,  Mr. 
Van  Buren.  Mr.  Hugh  1,.  While  of  Tennes.see, 
Mr.  Findlay  of  Pennsylvania,  .Mr.  Dickerson  of 
New  Jersey,  Mr.  Holmes  of  .^faine,  .Mr.  Ifayue 
of  South  f'aroliiiM,  and  Col.  Hichard  M.  Jobii.^on 
of  Kentucky.  The  committee  agreed  ujK)n  a 
projKjsition  of  amenduKiit,  di.spensing  with  eletv 
tors,  juoviding  for  di.strict.s  in  nluch  the  direct 


vote  of  the  |K>oplc  wait  to  Ih;  taken  ;  anil  obvia- 
ting all  excuse  for  caucuses  and  conventioiiH  tu 
coiM-entrate  public  opinion  by  pro|)osiiig  a  sicoiul 
cUvtion  iK'tween  the  two  highest  in  the  event  of 
no  one  receiving  a  mojority  of  tlie  whole  number 
of  diNtrict  votes  in  the  first  election.  The  plan 
rejwrted  was  in  these  words : 

"That,  hereafter  the  President  and  Vice-Pres- 
ident of  the  I'liileil  States  sliall  \tv  chosen  by  tho 
Peojde  of  the  resiteetive  States,  in  the  nianmr 
following:  Kiu-h  State  shall  be  divided  by  the 
legislature  thereof,  into  districts,  e(|ual  in  nuiii- 
Ikt  to  the  whole  nuinlK-r  of  senators  and  repre- 
sentatives, to  which  such  Slate  may  be  entitled 
in  tlie  Congress  of  the  I'nited  Stales  ;  the  said 
distri<'ts  to  la'  coin|K(Sed  of  ci  atiguous  territory, 
and  to  contain,  as  nearly  a.s  nut}  be,  an  eipml 
numlKT  of  persons,  entitled  to  be  represented, 
under  the  constitution,  and  to  U-  laid  oil',  tor  llm 
first  time,  immediately  after  the  ratilicaliun  of 
this  amendment,  and  afterwanis  Ht  the  session 
of  the  legislature  next  ensuing  the  appoiutiiient 
of  representatives,  by  the  Congress  of  t he  I'nited 
Slates ;  or  ol\ener,  if  deemed  nivessary  by  the 
State;  but  no  alteration,  after  tlie  first,  or  after 
each  decennial  formation  of  districts,  shall  take 
effect,  at  the  next  ensuing  election,  after  such 
alteration  is  made.  That,  on  the  first  Thursday, 
and  succeeding  Friday,  in  the  month  t>f  .AngiiNt, 
of  the  year  one  thousand  eight  hundred  ami 
twenty-eight,  and  on  the  .same  days  in  every 
fourth  year  thereafter,  the  eilzens  of  each  Stale, 
who  possess  the  qualifications  requisite  for  elec- 
tors of  the  most  numerous  bn  nch  of  the  State 
Legislature,  shall  meet  within  their  res|H'ctive 
districts,  and  vote  for  a  President  and  Vice- 
President  of  the  I'nited  States,  one  of  whom,  at 
least,  shall  not  Ix;  an  inhabitant  of  tlie  same 
State  with  him.self:  and  the  |mt.sou  receiving  the 
greatest  number  of  votes  for  President,  and  the 
one  receiving  the  greatest  number  of  voles  for 
Vice-President  in  each  district  shall  be  holden  to 
have  received  one  vote :  which  fact  shall  be  im- 
mediately certified  to  tlie  (Jovernor  of  the  State, 
to  each  of  the  senators  in  t.'ongress  front  such 
State,  and  to  the  I'residenl  of  the  Senate.  The 
right  of  aflixing  the  places  in  the  districts  at 
which  the  elections  shall  be  held,  the  manner  of 
holding  the  same,  and  of  canva.ssiug  the  votes, 
and  certifying  the  retiirn.s,  is  reserved,  exclu- 
sively, to  the  legisliitiiivs  of  the  States.  Tlio 
Congress  of  the  I'niled  States  shall  be  in  session 
on  the.second  .Monday  of  October,  in  the  year  one 
thousand  eight  hiindrerland  twenty-eight,  and  on 
the  same  day  in  every  fourth  year  Iherealter :  ami 
the  I'residenl  of  the  Scuate.  in  the  presence  of 
the  Senate  and  Mouse  of  Kepresenlative.s,  .shall 
open  all  the  certilicales,  and  the  votes  shall  then 
be  counted.  The  person  having  the  greatest 
number  of  votes  for  President,  shall  be  Presi- 
dent, if  such  numlM-r  be  eipial  to  a  majority  of 
the  whole  number  of  votes  given }  but  if  uo  per- 


gon  have 
shall   Im>  Ik 
ceeding  Frit 
next  ensiiit 
two  highest 
which   secoi 
n'sult   certi 
same  manm 
ing  the  grea 
shall  l)e  the 
sons  shall  h 
niimlK-r  of 
House  of  H 
them  for  Pr 
constitution, 
number  of 
election,  slii 
nunilMT  Ik? 
number  of 
such  niajorit 
place,  iH'twei 
numlK'rs.  on 
lion  is  held  I 
the  highest 
shall  lie  the 
|M'r8ons  shal 
of  votes  in  tl 
shall  choose 
now  provide! 
second  elect i 
of  Vice-Pres 
of  President, 
Pn'sident,   fj 
highest  nunti 
prescribed  in 

The  proniii 
are :  1 .  The 
vote  of  the  p( 
the  two  high( 
majority  of 
mode  of  cleci 
wnulil  be  to 
which  the  »el 
is  now  taken 
iisuriH'd  by  » 
sible  bodies,- 
cr,  and  di.sint 
tiiemselves. 
text  for  cauct 
the  House  of 
•State  is  bulai 
received  a  ini 
tricls  in  the 
principle  th 
govern — is  s 
majority,  t!u 
popular  nomi 
nation  by  tb( 


Hiul  obvia- 
t'litioiiH  tu 
ig  II  scfuml 
0  fvenl  of 
)li-  iiiinilH'r 
'I'lic  plan 


Vicc-Pn'R- 
iseii  liy  ihe 
le  nmiiiKi- 
ktl   l>y  tlic 
tl  in  inim- 
iiiiil  ri'|>n'- 
1)1-  I'lilitlcd 
;  tlif  Miid 
■<  tcllitoiy, 
',  an  <'i|iiiil 
r|insfnt('i|, 
oti;  lor  till! 
Ilcation  ol' 
Ihi'  W'^sioii 
[i)«iintin(>iit 
the  Ciiittd 
uy  J)y  tlic 
■st,  or  nlltr 
sbitll  take 
alU-r  siicli 
TlnirMlay. 
Ill"  An;rii>t, 
nili'ol   aiiil 
s  in  I'vcry 
rncli  State, 
tc  for  I'lic- 
tlio  State 
('S|H'ctivu 
ml  Viit'- 
wlioiii,  at 
t?it'   samu 
ivinfrtlie 
anil  tliu 
vt)t«'.s  I'or 
IioIiK-n  to 
II  1)1'  iiii- 
tho  State, 
inm  such 
»tf.     Tho 
Iricts  at 
luiiniT  of 
tliu  votos, 
d,  fxclii- 
c-s.      Tlw 
in  session 
year  Olio 
t.iuiil  on 
ilti-r:  ami 
since  of 
ives,  shall 
hall  then 
(greatest 
be  I'rcHi- 
ajority  of 
il"  uo  per- 


ANX«»  IHJ.V    JOHN  tillNCY  AHAMS,  riU'-SlDKNT. 


79 


»on  linvo  sueh  majority,  then  n  second  e!e<'tion  '  two  the  election  \n  8ine  to  lie  made  on  the  soc- 
Hlmll  Ih"  held,  on  the  tlrst  Thursday  and   Htic- 
cciilinn  Fritlay.  in  the  month  of  l)eceml)er,  then 
next  cnsninK,  iK-twwn   the   iK-rsonn  havinjj  the 


on<l  trial.     Hut  to  provide  for  a  |Hi.»ilile  contiit- 
(jeiicy — too  iinprobnhlu   almost  ever  to  occur — 


two  hij^hest  numbers,  for  tlu>  olllce  of  President : 
whit'h  Ki'cond  election  shall  be  c«ndu<'ted,  the 
n-sult  Ci'rtilled,  and  the  votes  counted,  in  the 
same  manner  a.s  in  thelirst;  and  the  intsoii  hav- 
iii);  the  ^rrealest  niimlH.T  of  votes  for  President, 
shall  Im;  the  President.     Hut,  if  two  or  more  per- 


J  and   to  Have  in  that  cnso  the  trouble  of  u  third 
lM>pnIar  election,  a  resort  to  the  House  of  lit  p- 


resentatives  is  allowed ;  it  Itein;;  iiittiniuillij  iiii- 
im|M)rtant  which  is  elected  where  11  caiidiilatc.s 
were  exactly  equal  in  the  public  esuiiiation. — 
HonK  shall  have  rw  <ived  the  ureatest  and  eijual  Sueh  was  the  plan  tho  conmiittee  reitortcd  ;  and 
numlKT  of  votes,  at  the  swond  electi(m,  the  jt  j.s  the  perfect  plan  of  a  popular  election,  and 
House  ..fKeproscntatiyes  shall  ch.K.se  one  of  !  ,,,^^  ^,,^.  „,iv„„ta^HM,f  Wins  applicable  to  all  elec- 
tliem  for  PresKlent,  a.s  is  now  prescrilK-d  by  tho  i  ,  .•.  .     r        \\     i  •  i     .  i     .i 

constitution.  The  iktsoii  haviujf  the  greatest  !  '"o"*'.  '^^•'''•'•"'  "'"•  ^^"'^'.  f"""""  tl««  hi^'hest  to  tho 
number  of  votes  for  Vice-President,  at  the  lirst  '  lowest.  Tho  machinery  of  its  ojivration  i.s  ea.sy 
election,  shall  be  the  Vice-President,  if  such  I  „,„]  fii,„pii.„„d  it  is  ri-commended  by  every  con- 
number  Ik;  e.pial  to  a  majority  of  the  "hole  ^  ^i,,,.^,^,;,,,,,^^  „,,,i  ^^q,,  ^^.,,i,.,,,.^.  i,,^.^„,,,  „l,^„. 
number  of  votes  Kiven,  and,  if   no  person  have  '  ,  .    ,.  \  r   .■  .  i  •  ■  .      <•  i   i 

fiuch  majority,  then  a  soc-ond  election  shall  take  ,  'l'>""><''t  "fa  «l^'f  'l'^'-"  >'}■«'''"',  «hich  has  faile.1- 
plare,lH'twccn  the  iH-rwms  having  the  two  hifjhest  I  tho  overthrow  of  usurping  b(Mlies,  which  huvo 
numl)cr».  on  the  same  day  that  the  second  elec-  .seized  uimmi  the  elect,  )ns — and  the  preservation  to 
tion  is  held  for  President,  aii.l  the  |K.«r.son  liavin-  j,,^.  .,  ,^.  „f  j,,^.  i,„siness  of  .seleotinjr,  a.  well  i» 
the  hiL'hest  number  of  votes  for  >  ice- President,  i    ,      .     '    ,    .  , .  •     «,  n<i        i 

shall  1)0  the  Vico-Pn.si.lent.  IJut  if  two  or  more  ,  ^''«-'ct"'K',  tlu'ir  own  hiffh  onicen-.  The  plan  wa« 
IH'r8(»ns  shall  have  received  tho  greatest  number  unanimou.sly  roconmunded  by  the  whole  com- 
of  votes  in  the  seccmd  election,  then  the  Senate  niit tee,  composed  as  il  was  of  exjierienced  men 
Khali  choose  one  of  them  for  Vice-President  iw  is    j.^,.^,„  f,.,„„  ^^         j,,,,.^,,,,  „f  j,,^,  ,-„jo„      j{„i  j^ 

now  pnnidiHl  in  the  coiiHtitntion.     But,  when  a    ,. ,       .  .       ^i  •  •.  l    e  , 

' ■    '-  (hd  m)t  receive    the   recpiisite   support  of  two- 

I  thinls  of  tho  Sen     •   to  cany  it   tlnoujth  that 


wconil  election  shall  bo  necessary,  in  tho  ca.so 
of  Vice-Presi<lent,  and  not  necessary  in  the  ca.so 
of  President,  then  tho  Senate  shall  choose  a  Vice- 
President,  from  the  jK'rsons  havinj^  tho  two 
lii};hest  numlHTS  in  tho  tlrst  election,  as  iti  now 
prescribed  in  tho  constitution." 

The  prominent  features  of  this  plan  of  election 
are:  1.  The  abolition  of  electors,  and  tho  direct 
vote  of  tho  people ;  2.  A  si-cond  election  between 


body  ;  and  a  similar  plan  proposed  in  the  House 
of  Representatives  receiveil  the  same  fate  thero 
— reported  by  a  coniinittcc,  and  unsustained  by 
two-thirds  of  tho  House:  and  micIi,  there  is  too 
much  reason  to  apprehend,  may  Ix-  the  fate  of 
future  similar  propositions,  orij;inatinj;  in  t'oa- 
givs.s,  without  the  powerful  impulsinn  of  the  jk-o- 
tlie  two  liijihest  on  each  list,  w hen  no  one  has  a  pie  to  urge  them  through.  SiU'(;t  boilios  are  nut 
majority  of  tho  whole;  3.  Uniformity  in  tho  the  places  for  jwpular  reforiii>.  Tluse  reforms 
mode  of  election. — Tho  advantages  of  this  plan  |  are  for  the  beneilt  of  the  jn'ople.  and  should  be- 

titutioii  itself, 
verv  ?ase.  ha.s 


would  be  to   get  rid  of  all    the   machiuery  b}' 
which  the  teltctton  of  their  two  first  magistrates 


gill  with  the  people;  and  the  cii-.i« 
sensible  of  tlm     necessity  in  this 


is  now  taken  out  of  tho  hands  of  tho  people,  and  j  very  wisely  matk'  i)rovision  for  the  jKipular  initi- 


ative of  constitutional  amendments.     The  fifth 
article  of  that  instrument  gi^    -;  the  power  ofln.'- 


usiirjK'd  by  self-constituted,  illegal,  and  irrespon- 
sible bodies, — and  place  it  in  tho  only  .safe,  prop- 
er, and  di.sintcrestcd  hands — tho.se  of  the  people  1  ginning  tho  reform  f  itself  to  the  States,  in  their 
themselves.  If  adopted,  thero  would  bo  no  pre-  legislature  as  well  as  to  the  federal  government 
text  for  cauciLSi'S or  conventions,  and  no  resort  to  in  its  Congress:  and  there  is  the  place  to 
the  House  of  Itepresentatives, — where  the  largest  bcgii 
State  is  balanced  by  the  smallest.  If  any  one  lii-  i 
received  a  majority  of  the  whole  number  of  dis-  there  should  he  no  despair  on  account  of  the  fail- 
tricls  in  the  lirst  election,  then  the  democratic  uies  already  suirercil.  No  great  reform  is  carri-  ' 
principle  the  (femo»  lrateo—i\w  majority  to  ^  suddenl}'.  It  requires  years  of  jK-rsevei  iig ox.  r- 
govern — is  satisfied.  Ff  no  one  receives  .such;tioi.  to  prod m-o  the  unanimity  of  opinion  wh  !i 
majority,  then  the   first   election   stamLs    for  a    is  nt<;e.s.sary  to  a  givat  jKipular  reformation:  bit 


and    before    tho    i)eoi>lo    themselves    in 
elections   to  the  general  a.ssemlily.     And 


popular  nomination  of  the  two  highest — a  nomi- 
nation by  the  people  them.selvos — out  of  which 


Ix'caiisc  it  is  difUcult,  it  is  not  impossible.      Tho 
greatest  reform  ever  effected  by  [waceful  means 


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80 


THIRTY  TEARS'  VIEW, 


in  tlie  history  of  any  government  was  tliat  of  the 
parliamentary  reform  of  Great  Britain,  by  which 
the  rotten  boroughs  were  disfranchised,  populous 
towns  admitted  to  representation,  the  elective 
franchise  extended,  the  House  of  Commons  puri- 
fied, and  made  the  predominant  branch — the 
master  branch  of  the  British  government.  And 
liow  was  that  great  reform  effected  ?  By  a  few 
desultory  exertions  in  the  parliament  itself?  No. 
but  by  forty  years  of  continued  exertion,  and  bj' 
incessant  appeals  to  the  people  themselves.  The 
society  for  parliamentary  reform,  founded  in 
1702,  by  Earl  Grey  and  Major  Cartwright,  suc- 
ceeded in  its  efforts  in  1832;  and  in  their  success 
there  is  matter  for  encouragement,  as  in  their 
conduct  there  is  an  example  for  imitation.  They 
carried  the  question  to  the  people,  and  kept  it  there 
forty  years,  and  saw  it  triumph — the  two  patriotic 
founders  of  the  society  living  to  see  the  consum- 
mation of  their  labors,  and  the  country  in  the 
enjoyment  of  tho  inestimable  advantage  of  a 
"  Reformed  Parliament." 


CHAPTER    XXIX. 

REDUCTION  OF  EXECUTIVE  rATEONAOE. 

In  the  session  1825-'2G,  Mr.  Macon  moved  that 
the  select  committee,  to  which  liad  been  com- 
mitted the  consideration  of  the  propositions  for 
amending  the  constitution  in  relation  to  the  elec- 
tion of  President  and  Vice-President,  should  also 
be  charged  with  an  inquiry  into  the  expediency 
of  reducing  Executive  patronage,  in  cases  in 
which  it  could  be  done  by  law  consistently  with 
the  constitution,  and  without  impairing  the  effi- 
ciency of  the  government.  The  motion  was  adopt- 
ed, and  the  committee  (Messrs.  Benton,  Macon, 
Van  Buren,  White  of  Tennessee,  Findlay  of  Penn- 
sylvania, Dickerson,  Holmes,  Ilayne,  and  John- 
son of  Kentucky)  made  a  report,  accompanied 
by  six  bills ;  which  report  and  bills,  though  not 
acted  upon  at  the  time,  may  still  have  their  use 
in  showing  the  democratic  principles,  on  practical 
points  of  that  day  (when  some  of  the  fathers  of 
the  democratic  church  were  still  among  us)  ; — 
and  in  recalling  the  administration  of  the  govern- 
ment, to  the  simplicity  and  economy  of  its  early 


days.  The  six  bills  reported  were.  1.  To  re- 
gulate the  publication  of  the  laws  of  the  United 
States,  and  of  the  public  advertisements.  2.  To 
secure  in  office  the  faithful  collectors  and  disburs- 
ers  of  the  revenue,  and  to  displace  defaulters.  3. 
To  regulate  the  appointment  of  postmasters.  4. 
To  regulate  the  appointment  of  cadets.  5.  To 
regulate  the  appointment  of  mid.shipmen.  C.  To 
prevent  military  and  naval  officers  from  bein" 
dismis.sed  the  service  at  the  pleasure  of  the  Pre- 
.sident. — In  favor  of  the  general  principle,  and 
objects  of  all  the  bills,  the  report  accompanyin" 
them,  said : 

"  In  coming  to  the  conclusion  that  Executive 
patronage  ought  to  be  dimini.shed  and  regulated. 
on  the  plan  proposed,  the  coumiittee  rest  their 
opinion  on  the  ground  that  the  cxcrci.se  of  great 
patronage  in  the  hands  of  one  man,  has  a  constant 
tcndenc}'  to  sully  the  purity  of  our  institutions 
and  to  endanger  the  liberties  of  the  country.  This 
doctrine  is  not  new.  A  jealousy  of  power,  and 
of  tlie  influence  of  patronage,  which  must  always 
accompany  its  exercise,  has  ever  been  a  distin- 
guished feature  in  the  American  character.  It 
displayed  itself  strongly  at  the  pci'iod  of  the  for- 
mation, and  of  the  adoption,  of  the  federal  con- 
stitution. At  that  time  the  feebleness  of  the  old 
confederation  had  excited  a  much  greater  dread 
of  anarchy  than  of  power — '  of  anarchy  aniont; 
the  members  than  of  power  in  tho  head  ' — anil 
although  the  impression  was  nearly  universal 
that  a  government  of  more  energetic  chaiactcr 
had  become  indispensably  necessary,  yet,  even 
under  the  influence  of  this  conviction — such  was 
the  dread  of  power  and  patronage — that  the 
States,  with  extreme  reluctance,  yielded  their 
assent  to  the  establishment  of  the  federal  gov- 
ernment. Nor  was  this  the  effect  of  idle  and 
visionary  fears,  on  the  part  of  an  ignorant  multi- 
tude, without  knowledge  of  the  nature  «nd  ten- 
dency of  power.  On  the  contrarj',  it  resulted 
from  the  most  extensive  and  profound  political 
knowledge, — from  the  heads  of  statesmen,  unsur- 
passed, in  any  age,  in  sagacity  and  patriotism. 
Nothing  could  reconcile  the  great  men  of  that 
day  to  a  constitution  of  so  much  power,  but  the 
guards  which  were  put  upon  it  against  the  abuse 
of  power.  Dread  and  jealousy  of  this  abuse  dis- 
played itself  throughout  the  instrument.  To  this 
spirit  we  are  indebted  for  the  freedom  of  the 
press,  trial  bj'^  jnry,  liberty  of  conscience,  freedom 
of  debate,  responsibilitj'  to  constituents,  power 
of  impeachment,  the  control  of  the  iSenate  over 
appointments  to  office ;  and  many  other  provi- 
sions of  a  like  character.  But  the  committee  can- 
not imagine  that  the  jealous  foresight  of  the  time, 
great  as  it  was,  or  that  any  human  sagacity, 
could  have  foreseen,  and  placed  a  competent  guard 
upon,  every  possible  avenue  to  the  abuse  of 
power.  The  nature  of  a  constitutional  act  ex- 
cludes tho  possibility  of  combining  minute  per- 


ANNO  1826.    JOHN  QUINCY  ADAMS,  PRESIDENT. 


81 


1.  To  re- 
he  United 
ts.  2.  To 
itl  disburs- 
ulters.  3. 
isters.  4. 
ts.  5.  To 
m.  C.  To 
'rem  being 
f  the  Pre- 
iciplc,  and 
ampanying 

;  Executive 
regulated, 
!  rest  tl;eir 
se  of  jtreat 
4  a  constant 
nstitutions, 
intry.  This 
power,  and 
lUst  always 
;n  a  distin- 
iractcr.    It 
.  of  tlie  for- 
fedcral  con- 
s  of  the  old 
■cater  dread 
lohy  anions 
lead  '—and 
universal 
character 
yet.  even 
■such  was 
-that  the 
elded  their 
'deial  gov- 
of  idle  and 
rant  multi- 
re  «nd  ten- 
it  resulted 
1  political 
nen,  unsur- 
patriotisin. 
len  of  that 
cr,  but  the 
the  abuse 
abu.se  dis- 
nt.   To  this 
lom  of  the 
ce,  freedom 
nt.s,  power 
enate  over 
ther  provi- 
mittee  can- 
f  the  time, 
sagacity, 
tent  guard 
abuse  of 
il  act  ex- 
iuute  per- 


il 


fection  with  general  excellence.  After  the  exer- 
tion of  all  pcssible  vigilance,  something  of  what 
ought  to  have  been  done,  has  been  omitted ;  and 
much  of  what  has  been  attempted,  has  been  found 
insufficient  and  unavailing  in  practice.  ^luch  re- 
mains for  us  to  do,  and  much  will  still  remain  for 
postirity  to  do — for  tho.se  unborn  gcneration.s  to 
do.  on  whom  will  devolve  the  sacred  ta.sk  of 
guarding  the  temple  of  the  constitution,  and  of 
keeping  alive  the  vestal  flame  of  liberty. 

'■  The  committee  believe  that  they  will  be  act- 
ing in  the  spirit  of  the  constitution,  in  laboring 
to  multiply  the  guards,  and  to  strengthen  the 
barriers,  against  the  possible  abuse  of  power.  If 
a  community  could  be  imagined  in  which  the 
laws  should  execute  themselves — in  which  the 
power  of  government  should  consist  in  the  enact- 
ment of  laws — in  such  a  state  the  machin-^  of 
government  would  carry  on  its  operations  with- 
out jar  or  friction.  Parties  would  be  unknown, 
and  the  movements  of  the  political  machine  would 
but  little  more  disturb  the  passions  of  men,  than 
they  are  disturbed  by  the  operations  of  the  great 
laws  of  the  material  world.  But  this  is  not  the 
case.  The  scene  shifts  from  this  imaginary  re- 
fion,  where  laws  execute  themselves,  to  the  thea- 
tre of  real  life,  wherein  they  are  executed  by  civil 
and  military  officers,  by  armies  and  navies,  by 
courts  of  justice,  by  the  coUccticn  and  disburse- 
ment of  revenue,  with  all  its  train  of  salaries, 
jobs,  and  contracts;  and  in  this  aspect  of  the  re- 
ality, we  behold  the  working  of  patronX(;e,  and 
discover  the  reason  why  so  many  stand  ready,  in 
any  country,  and  in  all  ages,  to  flock  to  the  stand- 
ard of  powKR,  wheresoever,  and  by  whomsoever. 
it  may  be  rai.sed. 

"The  patronage  of  the  federal  government  at 
the  beginning,  was  founded  upon  a  revenue  of 
two  millions  of  dollars.  It  is  now  operating  upon 
twenty-two  millions ;  and,  within  the  lifetime  of 
many  now  living,  must  operate  upon  lift}'.  The 
whole  revenue  must,  in  a  few  years,  be  wholly 
applicable  to  subjects  of  patronage.  At  present 
about  one  half,  say  ten  millions  of  it,  are  appro- 
priated to  the  principal  and  interest  of  the  public 
debt,  which,  from  the  nature  of  the  object,  in- 
volves but  little  patronage.  In  the  course  of  a 
few  years,  this  debt,  without  great  mismanage- 
ment, must  be  paid  ofl'.  A  short  period  of  peace, 
and  a  faithful  application  of  the  sinking  fund, 
must  speedily  .iccomplish  that  most  desirable  ob- 
ject. Unless  the  revenue  be  then  reduced,  a  work 
as  difficult  in  republics  as  in  monarchies,  the 
patronage  of  the  federal  government,  great  as  it 
already  is.  must,  in  the  lap.se  of  a  few  years,  re- 
ceive a  vast  accession  of  strength.  Tlic  revenue 
itself  will  be  doubled,  and  instead  of  one  half 
being  applicable  to  olyects  of  patronage,  the 
whole  will  take  that  direction.  Thus,  the  reduc- 
tion of  the  public  debt,  and  the  increase  of  reve- 
nue, will  multiply  in  a  four-fold  degree  the  num- 
ber of  persons  in  the  .service  of  the  federal  gov- 
ernment, the  quantity  of  public  mone}^  in  their 
hamls,  and  the  number  of  objects  to  which  it  is 
applicable;  but  as  each  person  employed  will 

Vol  I.— 6 


have  a  circle  of  greater  or  less  diameter,  of  which 
he  is  the  centre  and  the  soul — a  circle  composed 
of  friends  and  relations,  and  of  individuals  em- 
ployed by  himself  on  public  or  on  private  aocount 
— the  actual  increase  of  federal  power  and  patron- 
age by  the  duplication  of  the  revenue,  will  be, 
not  in  the  arithmetical  ratio,  but  in  geometrical 
progression — an  increase  almost  beyond  the  pow- 
er of  the  mind  to  calculate  or  to  comprehend." 

This  was  written  twenty-five  years  ago.    Its 
anticipations  of  increased  revenue  and  patronage 
are  more  than  realized.    Instead  of  fifty  millions 
of  annual  revenue  during  the  lifetime  of  persons 
then  living,  and  then  deemed  a  visionary  specu- 
lation, I  saw  it  rise  to  sixty  millions  before  I 
ceased  to  be  a  senator ;  and  saw  all  the  objects 
of  patronage  expanding  and  multiplying  in  the 
same  degree,  extending  the  circle  of  its  influence, 
and,  in  many  cases,  reversing  the  end  of  its  crea- 
tion.   Government  was  instituted  for  the  protec- 
tion of  individuals — not  for  their  support.   Office 
was  to  be  given  upon  qualifications  to  fill  it — not 
upon  the  personal  wants  of  the  recipient.   Proper 
persons  were  to  be  sought  out  and  appointed— 
(by  the  President  in  the  higher  appointments, 
and  by  the  heads  of  the  different  brancnes  of 
service  in  the   lower  ones) ;   and  importunate 
suppliants  were  not  to  beg  themselves  into  an 
ofiice  which  belonged  to  the  public,  and  was  only 
to  be  administered  for  the  public  good.     Such 
was  the  theory  of  the  government.    Practice  has 
reversed  it.     Now  oflBce  is  sought  for  support, 
and  for  the  repair  of  dilapidated  fortunes  ;  appli- 
cants obtrude  themselves,  and  prefer  "  claims"  to 
office.    Their  personal  condition  and  party  ser- 
vices, not  qualification,  are  made  the  basis  of  the 
demand:  and  the  crowds  which  congregate  at 
Washington,  at  the  change  of  an  administration, 
supplicants  for  office,  are  humiliating  to  behold, 
and  threaten  to  change  the  contests  of  parties 
from  a  contest  for  principle  into  a  struggle  for 
plunder. 

The  bills  which  were  reported  were  intended 
to  control,  and  regulate  different  branches  of 
the  public  service,  and  to  limit  some  exercises 
of  executive  power.  1.  The  publication  of  the 
government  advertisements  had  been  found  to  be 
subject  to  great  abuse — Large  advertisements,  and 
for  long  periods,  having  been  often  found  to  be 
given  to  papers  of  little  circulation,  and  sometimes 
of  n(»  circulation  at  all,  in  places  where  the  adver- 
tisement was  to  operate — the  only  eflt'ct  of  that 
favor  being  to  conciliate  the  support  of  the  paper. 


^m  -is^ 


i'i^j'k* 


i-'.* 


/     I 


M    - 


I     ,' 


ifi; 


82 


THIRTY  YEARS'  VIEW. 


or  to  sustain  an  efficient  one.    For  remedy,  the 
bill  for  that  purpose  provided  for  the  selection, 
and  the  limitation  of  the  numbers,  of  the  news- 
papers which  were  to  publish  the  federal  laws 
and  advertisements,  and  for  the  periodical  report 
of  tncir  names  to  Congress,     2.    The  four  years' 
'.imitation  law  was  found  to  operate  contrary  to 
its  intent,  and  to  have  become  the  facile  means 
of  getting  rid  of  faithful  disbursing  officers,  in- 
stead of  retaining  them.    The  object  of  the  law 
was  to  pass  the  disbursing  officers  every  four 
years  under  the  supervision  of  the  appointing 
power,  for  the  inspection  of  their  accounts,  in 
order  that  defaulters  might  be  detected  and  drop- 
ped, while  the  faithful  should  be  ascertained  and 
continued.    Instead  of  this  wholesome  discrimina- 
tion, the  expiration  of  the  four  years'  term  came 
to  be  considered  as  the  termination  and  vacation 
of  all  the  offices  on  which  it  fell,  and  the  crea- 
tion of  vacancies  to  be  filled  by  new  appointments 
at  the  option  of  the  President.    The  bill  to  re- 
medy this  evil  gave  legal  effect  to  the  original 
intention  of  the  law  by  confining  the  vaxMition  of 
office  to  actual  defaulters.     The  power  of  the 
President  to  dismiss  civil  officers  was  not  attempt- 
ed to  be  curtailed,  but  the  restraints  of  respon- 
sibility were  placed  upon  its  exercise  by  requiring 
the  cause  of  dismission  to  be  communicated  to 
Congress  in  each  case.    The  section  of  the  bill  to 
that  effect  was  in  these  words:    '^  That  in  all 
nominations  made  by  the  President  to  the 
Senate,  to  Jill  vacancies  occasioned  by  an  exer- 
cise of  the  President's  power  to  remove  from 
office,  the  fact  tfthe  removal  shall  be  stated  to 
the  Senate  at  the  same  time  that  the  nomination 
is  made,  with  a  statement  of  the  reasons  for  which 
such  officer  may  have  been  removed?''    This  was 
intended  to  operate  as  a  restraint  upon  removals 
without  cause,  and  to  make  legal  and  general 
what  the  Senate  itself,  and  the  members  of  the 
committee  indi\  idually,  had  constantly  refused 
to  do  in  isolated  cases.    It  was  the  recognition 
of  a  principle  essential  to  the  proper  exercise  of 
the  appointing  power,  and  entirely  consonant  to 
Mr.  Jefferson's  idea  of  removals ;  but  never  ad- 
mitted by  any  administration,  nor  enforced  by 
the  Senate  against  any  one — always  waiting  the 
legal  enactincnt.      The    opinion  of   nine  such 
senators  as  composed  the  committee  who  pio- 
posed  to  legalize  this  principle,  all  of  them  demo- 
cratic, and  most  of  them  aged  and  experienced, 
should  stand  for  a  persuasive  reason  why  this 


principle  should  be  legalized.  3.  The  appoinl- 
ment  of  military  cadets  was  distributed  accord- 
ing to  the  Congressional  representation,  and 
which  has  been  adopted  in  practice,  and  perhaps 
become  the  patronage  of  the  member  from  a 
district  instead  of  the  President.  5.  The  selection 
of  midshipmen  was  placed  on  the  same  footing 
and  has  been  followed  by  the  same  practical  conse- 
quence. C.  To  secure  the  independence  of  the 
army  and  navy  officers,  the  bill  proposed  to  do, 
what  never  has  been  done  by  law, — define  tlio 
tenure  by  which  they  held  their  commissions, 
and  substitute  "  good  behavior "  for  the  clause 
which  now  runs  "during  the  pleasure  of  the 
President. "  The  clause  in  the  existing  com- 
mission was  copied  from  those  then  in  use  de- 
rived from  the  British  government ;  ami,  in 
making  army  and  navy  officers  subject  to  dis- 
mission at  the  will  of  the  President,  departs  from 
the  principle  of  our  republican  institutions,  and 
lessens  the  independence  of  the  officers. 


CHAPTER    XXX. 

EXCLUSION  OF  MEMBERS  OF  CONGEESS  FKOM 
CIVIL  OFFICE  APPOINTMENTS. 

An  inquiry  into  the  expediency  of  amending 
the  constitution  so  as  to  prevent  the  appointment 
of  any  member  of  Congress  to  any  federal  oflBce 
of  trust  or  profit,  during  the  period  for  which  he 
was  elected,  w^as  moved  at  the  session  1825-2ti, 
by  Mr.  Senator  Thomas  W.  Cobb,  of  Georgia ; 
and  his  motion  was  committed  to  the  consider- 
ation of  the  same  select  committee  to  which  had 
been  referred  the  inquiries  into  the  expediency 
of  reducing  executive  patronage,  and  amending 
the  constitution  in  relation  to  the  election  of 
President  and  Vice-President.  The  motion  as 
submitted  only  applied  to  the  term  for  which  tiio 
senator  or  representative  was  elected — only 
carried  the  exclusion  to  the  end  of  his  constitu- 
tional term ;  but  the  committee  were  of  opinion 
that  such  appointments  were  injiwious  to  the  in- 
dependence of  Congress  and  to  the  purity  of 
legislation ;  and  believed  that  the  limitation  on 
the  eligibility  of  members  should  be  more  compre- 
hensive than  the  one  proposed,  and  should  extaid 


to  the  Presidei 
served  as  wel 
the  possibility  i 
ment  from  the 
lent  a  subser 
directed  their 
accordingly.  ' 
made,  chiefly  fo 
federal  convent 
and  the  procec 
States  which  a 
exclusion  of  me 
appointments  v 
vention  on  a  fu 
scnce  of  some  n 
so  as  to  leave  i 
cliuse  in  the  co 
mcdy  which  ha 
sliowed  that  coi 
and  some  of  tl 
to  obtain  amen( 
off  members  of 
l)atronage.  So 
here  given  to  sli 
of  the  constit 
Thus: 

"That,  having 
times  in  which 
committee  find  1 
to  them,  had  ei 
federal  conventi 
and  of  several 
ratified  it. 

"  In  an  early 
convention,  it  w; 

'•'Article  r),s 
House  (of  Congr 
capable  of  holdii 
of  the  United  St 
they  shall  respcc 
hers  of  the  Sena 
capable  of  holdii 
afterwards. ' 

"  It  further  ap 
clause,  in  the  fir 
adopted  with  gi 
wards,  in  the  co 
was  altered,  and 
jority  of  a  singli 
the  States  by  wl 

"  Following  tli 
ventions  which  r 
that,  in  the  New 
mondcd,  as  follo\ 

'"That  no  f 
during  the  time 
appointed  to  an 
the  United  State 


ANNO  1826.    JOHN  QUINCY  ADAMS,  PRESIDENT. 


83 


he  nppoiiil- 
ited  accord- 
itation,  and 
ind  perhaps 
bcr  from  a 
'he  selection 
inie  footinp, 
ctical  conse- 
lencc  of  tlie 
posed  to  do, 
—define  tlic 
ommission.s, 
r  the  clause 
sure  of  the 
dsting  com- 
1  in  use,  de- 
it ;  and,  in 
)ject  to  dis- 
Icparts  from 
tutions,  and 

2TS. 


RES3  FROM 
TS. 

f  amending 
appointment 
federal  oiBce 
for  which  he 
on  1825-2G, 
of  Georgia; 
le  considcr- 
0  which  had 
expediency 
1  amending 
election  of 
motion  as 
)r  which  tuo 
ected — only 
lis  constitu- 
e  of  opinion 
us  to  the  in- 
ie purity  of 
mitation  on 
lore  comprft- 
lould  extend 


to  the  President's  term  under  whom  the  member 
served  a.s  well  as  to  his  own — so  as  to  cut  off 
the  possibility  for  a  member  to  receive  an  appoint- 
ment from  the  President  to  whom  he  might  have 
lent  a  subservient  vote:  and  the  committee 
directed  their  chairman  (Mr.  Benton)  to  report 
accordingly.  This  was  done ;  and  a  report  was 
made,  chiefly  founded  upon  the  proceedings  of  the 
federal  convention  which  framed  the  constitution, 
and  the  proceedings  of  the  conventions  of  the 
States  which  adopted  it — showing  that  the  total 
exclusion  of  members  of  Congress  from  all  federal 
appointments  was  actually  adopted  in  the  con- 
vention on  a  full  vote,  and  struck  out  in  the  ab- 
sence of  some  members ;  and  afterwards  modified 
so  as  to  leave  an  inadequate,  and  easily  evaded 
cliiise  in  the  constitution  in  place  of  the  full  re- 
medy which  had  been  at  first  provided.  It  also 
sliowed  that  conventions  of  several  of  the  States, 
and  some  of  the  earlier  Congresses,  endeavored 
to  obtain  amendments  to  the  constitution  to  cut 
olf  members  of  Congress  entirely  from  ex'HJutive 
patronage.  Some  extracts  from  that  report  arc 
here  given  to  show  the  sense  of  the  early  friends 
of  the  constitution  on  this  important  point. 
Tlius: 

"  That,  having  had  recourse  to  the  history  of  the 
times  in  which  the  constitution  was  formed,  the 
committee  find  that  the  proposition  now  referred 
to  tliem,  had  engaged  the  deliberations  of  the 
federal  convention  which  framed  the  constitution, 
and  of  several  of  the  State  conventions  which 
ratified  it. 

"in  an  early  stage  of  the  session  of  the  federal 
convention,  it  was  resolved,  as  follows  : 

'■ '  Article  0,  section  9.  The  members  of  each 
House  (of  Congress)  shall  be  ineligible  to,  and  in- 
capable of  holding,  any  office  under  the  authority 
of  the  United  States,  during  the  time  for  which 
they  shall  respectively  be  elected  ;  and  the  mem- 
bers of  the  Senate  shall  be  ineligible  to,  and  in- 
capable of  holding  any  such  office  for  one  year 
afterwards. ' 

"  It  further  appears  from  the  journal,  that  this 
clause,  in  the  first  draft  of  the  constitution,  was 
adopted  with  great  unanimity ;  and  that  after- 
wards, in  the  concluding  days  of  the  session,  it 
was  altered,  and  its  intention  defeated,  by  a  ma- 
jority of  a  single  vote,  in  the  absence  of  one  of 
the  States  by  which  it  had  been  supported. 

"  Following  the  constitution  into  the  State  con- 
ventions whicii  ratified  it,  and  the  committee  find, 
that,  in  the  New- York  conventioUj  it  was  recom- 
mi'ndcd,  as  follows : 

'"Tiiat  no  senator  or  representative  shall, 
during  the  time  for  which  he  was  elected,  be 
appointed  to  any  office  under  the  authority  of 
the  United  States. 


'•  By  the  Virginia  convention,  as  follows : 

"  '  That  the  members  of  the  Senate  and  House 
of  Representatives  shall  be  ineligible  to.  and  in- 
capable of  holding,  any  civil  office  inidor  the 
authority  of  the  United  States,  during  the  term 
for  which  they  shall  respectively  be  elected.' 

"  By  the  North  Carolina  convention,  the  same 
amendment  was  recommended,  in  the  same 
words. 

"  111  the  first  session  of  the  first  Congress,  which 
was  held  under  the  constitution,  a  member  of  the 
House  of  Representatives  submitted  a  similar 
proposition  of  amendment ;  and,  in  the  third 
session  of  the  eleventh  Congress,  -lames  Madison 
being  President,  a  like  proposition  was  again 
submitted,  and  being  referred  to  a  committee  of 
the  House,  was  reported  by  them  in  the  following 
words : 

" '  No  senator  or  representative  shall  be  ap- 
pointed to  any  civil  office,  place,  or  emolument, 
under  the  authority  of  the  United  States,  untill 
the  expiration  of  the  presidential  term  in  which 
such  person  shall  have  served  as  a  senator  or 
representative.' 

"  Upon  the  question  to  adopt  this  resolution,the 
vote  stood  71  yeas,  40  nays, — wanting  but  three 
votes  of  the  constitutional  number  for  referring 
it  to  the  decision  of  the  States. 

"  Having  thus  shown,  by  a  reference  to  the 
venerable  evidence  of  our  early  history,  that  the 
principle  of  the  amendment  now  under  consider- 
ation, has  had  the  support  and  approbation  of  the 
first  friends  of  the  constitution,  the  committee 
will  now  declare  their  own  opinion  in  favor  of  its 
correctness,  and  expresses  its  belief  that  the  rul- 
ing principle  in  the  organization  of  the  federal 
government  demands  its  adoption." 

It  is  thus  seen  that  in  the  formation  of  the 
constitution,  and  in  the  early  ages  of  our  govern- 
ment, there  was  great  jealousy  on  this  head — 
great  fear  of  tampering  between  the  President 
and  the  members — and  great  efforts  made  to 
keep  each  independent  of  the  other.  For  the 
safety  of  the  President,  and  that  Congress  should 
not  have  him  in  their  power,  he  was  made  inde- 
pendent of  them  in  point  of  salary.  By  a  con- 
stitutional provision  his  compensation  was  neither 
to  be  diminished  nor  increased  during  the  terra 
for  which  he  was  elected ; — not  diminished,  lest 
Congress  should  starve  him  into  acquiescence 
in  their  views ; — not  increased,  lest  Congress 
should  seduce  him  by  tempting  his  cupidity  with 
an  augmented  compensation.  That  provision 
secured  the  independence  of  the  President ;  but 
the  independence  of  the  two  Houses  was  still  to 
be  provided  for ;  and  that  was  imperfectly  effect- 
ed by  two  provisions — the  first,  prohibiting  office 
holders  under  the  federal  government  from  tak- 
ing a  seat  in  either  House ;  the  second,  by  pro> 


5  i 


\L 


Bl    Si 


»mb. 


84 


THIRTY  YEARS'  VIEW. 


\'    W. 


Ml 


;!      .' 


hibiting  their  appointment  to  any  civil  office  that 
might  have  been  created,  or  its  cmohiments  in- 
creased, during  the  term  for  which  he  should 
have  been  elected.    These  provisions  were  deemed 
by  the  authors  of  the  federalist  (No.  55)  suffi- 
cient to  protect  the  independence  of  Congress,  and 
would  have  been,  if  still  observed  in  their  spirit, 
as  well  as  in  their  letter,  as  was  done  by  the 
earlier  Presidents.    A  very  strong  instance  of 
this  observance  was  the  case  of  Mr.  Alexander 
Smythc,  of  Virginia,  during  the  administration 
of  President  Monroe.     Mr.  Smythe  had  been  a 
member  of  the  House  of  Representatives,  and  in 
that  capacity  had  voted  for  the  establishment  of  a 
judicial  district  in  Western  Virginia,  and  by  which 
the  office  ofjudge  was  created.    His  term  of  service 
had  expired:  he  was  proposed  for  the  judgeship : 
the  letter  of  the  constitution  permitted  the  ap- 
pointment: but  its  spirit  did  not.    Mr.  Smytho 
was  entirely  fit  for  the  place,  and  Mr.  Monroe 
entirely  willing  to  bestow  it  upon  him.    But  he 
looked  to  the  spirit  of  the  act,  and  the  mischief 
it  was  intended  to  prevent,  as  well  as  to  its  let- 
ter ;  and  could  see  no  difference  between  bestow- 
ing the  appointment  the  day  after,  or  the  day 
before,  the  expiration  of  Mr.  Smythc's  term  of 
service :  and  he  refused  to  make  the  appointment. 
This  was  protecting  the  purity  of  legislation  ac- 
cording to  the  intent  of  the  constitution  ;  but  it 
has  not  always  been  so.     A  glaring  case  to  the 
contrary  occurred  in  the  person  of  Mr.  Thomas 
Butler  King,  under  the  presidency  of  Mr.  Fillmore. 
Mr.  King  was  elected  a  member  of  Congress  for 
the  term  at  which  the  office  of  collector  of  the 
customs  at  San  Francisco  had  been  created,  and 
had  resigned  his  place :  but  the  resignation  could 
not  work  an  evasion  of  the  constitution,  nor  af- 
fect the  principle  of  its  provision.     He  had  been 
appointed  in  the  recess  of  Congress,  and  sent  to 
take  the  place  before  his  two  years  had  expired 
— and  did  take  it ;  and  that  was  against  the  words 
of  the  constitution.     His  nomination  was  not 
sent  in  until  \.->  term  expired — the  day  after  it 
expired — having  been  held  back  during  the  regu- 
lar session ;  and  was  confirmed  by  the  Senate. 
I  had  then  ceased  to  be  a  member  of  the  Senate, 
and  know  not  whether  any  question  was  raised  on 
the  nomination ;  but  if  I  had  been,  there  should 
have  been  a  question. 

But  the  constitutional  limitation  upon  the  ap- 
pointment of  members  of  Congress,  even  when 
executed  beyond  its  letter  and  according  to  its 


spirit,  as  done  by  Mr.  Monroe,  is  but  a  very 
small  restraint  upon  their  appointment,  only  ap- 
plying to  the  few  cases  of  new  offices  created  or 
of  compensation  increased,  during  the  period  of 
their  membership.    The  whole  class  of  regular 
vacancies  remain  open!    All  the  vacancies  which 
the  President  pleases  to  create,  by  an  exercise  of 
the  removing  power,  are  opened !  and  between 
these  two  sources  of  supply,  the  fund  is  ample 
for  as  large  a  commerce  between  members  and 
the  President — between  subservient  votes  on  one 
side,  and  executive  appointments  on  the  other— 
as  any  President,  or  any  sot  of  members,  might 
choose  to  carry  on.    And  here  is  to  be  noted  a 
wide  departure  from  the  theory  of  the  govern- 
ment on  this  point,  and  how  differently  it  lias 
worked  from  what  its  early  friends  and  advocates 
expected.     I   limit  myself  now   to   Hamilton 
Madison  and  Jay ;  and  it  is  no  narrow  limit 
which  includes  three  such  men.    Their  names 
would  have  lived  for  ever  in  American  history 
among  those  of  the  wise  and  able  founders  of  our 
government,  without  the  crowning  work  of  the 
"Essays"  in  behalf  of  the  constitution  which 
have  been  embodied  under  the  name  of  "  Fkdfr- 
A1.IST  " — and  which  made  that  name  so  respect- 
able before  party  assumed  it.    The  defects  of  the 
constitution  were  not  hidden  from  them  in  the 
depths  of  the  admiration  which  they  felt  for  its 
perfections ;     nd  these  defects  were  noted,  and  as 
far  as  possible  excused,  in  a  work  devoted  to  its 
just  advocation.    This  point  (of  dangerous  com- 
merce between  the  executive  and  the  legislative 
body)  was  obliged  to  be  noticed — forced  upoi; 
their  notice  by  the  jealous  attacks  of  the  "  Ami- 
Federalists  " — as  the  opponents  of  the  constitu- 
tion were  called :  and  in  the  number  55  of  their 
work,  they  excused,  and  diminished,  this  defect 
in  these  terms : 

"  Sometimes  we  are  told,  that  this  fund  of  cor- 
ruption (Executive  appointments)  is  to  be  ex- 
hausted by  the  President  in  subduing  the  virtue 
of  the  Senate.  Now,  the  fidelity  of  the  other 
House  is  to  be  the  victim.  The  improbability  of 
such  p  mercenary  and  perfidious  combination  of 
the  several  members  of  the  goveinment.  stand- 
ing on  as  different  foundations  as  republican  jiviii- 
ciples  will  well  admit,  and  at  the  same  time  ac- 
countable to  the  society  over  whicli  they  nre 
placed,  ought  alone  to  quiet  this  apprehensiim. 
But,  fortunately,  the  constitution  has  providtd 
a  still  further  safeguard.  The  memljers  of  the 
Congress  are  rendered  ineligible  to  any  civil 
offices  that  may  be  created,  or  of  which  tho 


emoluments  mo 
of  their  electioi 
dealt  out  to  the 
ma}"  become  v; 
and  to  suppose  1 
purchase  the  gu 
the  people  them 
by  which  event 
substitute  an 
jealousy,  with  \vl 

,    Such  wa.s  theii 

great  abilities,  ar 

votion,  could  fun 

danger.     To  dim 

with  a  brilliant 

raained,  was  thei 

tho  working  of  th 

ing'  to  th-ir  suppo 

been  good.    I  hai 

italics  the  ruling 

tion  which  I  ha^ 

•' ordinary  casuai 

deaths,   rcsignatic 

mcnt,  and  dismiss 

EUte.     This,  in  fi 

liiiiall  amount  of  vi 

term ;  and  as  new 


compensation,  wer 

undoubtedly  good, 

contempt  with  whi 

But  what  has  been 

working  of  the  go 

how  stands  this  n 

to  ^'^  ordinary  casu 

the  main  stay  of  t 

was  knocked  from 

gorernment  j    and 

from  construction. 

constitution  a  const 

strudient  which  ena 

as  many  vacancies 

moment  that  he  pic 

Cieldingtohim  thel 

mg  officers  without 

the  consent  of  the  o 

power.    The  authoi 

foreseen  this  constn 

had  asserted  the  con 

Irom  the  premises, 

«•««  appurtenant  t 

they  had  maintainei 

ivork-(Xo,  77)— tl 

Senate  was  necessar' 


ANNO  1826.    JOHN  QUINCY  ADAMS^  PRESIDENT. 


85 


i  a  verj 
only  ap- 
eated,  or 
icriod  of 
f  regular 
ies  which 
{crcise  of 
between 
is  ample 
ibcrs  and 
tes  on  one 
le  other— 
2rs,  might 
)e  noted  » 
ic  govern- 
tly  it  has 
,  advocotcs 
Hamilton, 
rrow  limit 
icir  namcH 
in  history, 
ders  of  our 
:ork  of  tho 
tion  which 
[)f  "  Fkdf.r- 
so  respect- 
fccts  of  the 
hem  in  the 
felt  for  ils 
ted.  and  as 
oted  to  its 
erous  corn- 
legislative 
reed  upor 
he  "  Anti- 
10  constitu- 
55  of  their 
this  defect 


emoluments  may  be  increased,  during  the  term  ' 
of  their  election.  No  offices,  therefore,  can  be  ' 
dealt  out  to  the  existing  members,  but  such  as 
may  become  vacant  by  ordinary  casualties  ; 
ami  to  suppose  that  the.se  would  be  sufficient  to 
purcim.sc  the  guardians  of  tho  people,  selected  by 
tlic  i»eople  themselves,  is  to  renounce  every  rule 
by  which  events  ought  to  be  calculated,  and  to 
substitute  an  indiscriminate  and  unbounded 
jeaiou.sy,  with  which  all  reasoning  must  be  vain." 

,    Such  was  their  defence — the  best  which  their 
great  abilities,  and  ardent  zeal,  and  patriotic  de- 
votion, could  furnish.     They  could  not  deny  the 
danger.     To  diminish  its  quantum,  and  to  cover 
ivith  a  brilliant  declamation  the  little  that  re- 
mained, was  their  resource.     And,  certainly  if 
the  working  of  tho  government  had  been  accord- 
ing- to  th'^ir  supposition,  their  defence  would  have 
been  good.    I  have  taken  the  liberty  to  mark  in 
italics  the  ruling  words  contained  in  the  quota- 
tion which  I  have  made  from  their  works — 
•  onUnanj  casualties. "    And  wh- 1  were  they  ? 
deaths,   resignations,   removals  upon  impeach- 
ment, and  dismissions  by  the  President  and  Se- 
nate.    This,  in  fact,  would   constitute  a  very 
finall  amount  of  vacancies  during  the  presidential 
term ;  and  as  new  offices,  and  those  of  increased 
compensation,  were  excluded,  the  answer  was 
undoubtedly  good,  and  even  justified  the  visible 
contempt  with  which  the  objection  was  repulsed. 
But  what  has  been  the  fact  ?  what  lias  been  tho 
working  of  the  government  at  this  point  ?  and 
liow  stands  this  narrow  limitation  of  vacancies 
to  ^^ ordinary  casualties?^'    In  the  first  place, 
tlic  main  stay  of  the  argument  in  the  Federalist 
was  knocked  from  under  it  at  the  outset  of  the 
government;    and  so  knocked  by  a  side-blow 
from  construction.     In  the  very  first  year  of  the 
constitution  a  construction  was  put  on  that  in- 
EtriA'ent  which  enabled  the  President  to  create 
as  many  vacancies  as  he  pleased,  and  at  any 
moment  that  he  pleased.     This  was  effected  by 
yielding  to  him  the  kingly  prerogative  of  dismiss- 
ijig  officers  without  the  formality  of  a  trial,  or 
Ihe  consent  of  the  other  part  of  the  appointing 
power.    The  authors  of  the  Federalist  had  not 
foreseen  this  construction ;  so  far  from  it  they 
had  asserted  the  contrary :  and  arguing  logically 
from  the  premises,  "  that  the  dismissing^  power 
ms  appurtenant  to    the  appointing  power." 
they  had  maintained  in  that  able  and  patriotic 
work— (Xo.  77) — that,  as  the  consent  of  the 
Senate  was  necessary  to  the  appointment  of  an 


officer,  so  the  consent  of  the  same  body  would 
be  equally   necessary  to  hLs  dismission  from 
office.     But  this  construction  was  overrul<'d  by 
the  first  Congress  which  sat  under  the  constitu- 
tion.    The  power  of  dismission  from  office  was 
abandoned  to  tho  President  alone ;  and,  with  the 
acquisition  of  this  prerogative,  the  power  and 
patronage  of  the  presidential  office  was  instantly 
increased  to  an  indefinite  extent ;  and  the  argu- 
ment of  the  Federalist  against  tho  capacity  of  the 
President    to  corrupt  members    of   Congress, 
founded  on  the  small  nurober  of  places  which 
he  could  use  for  that  purpose,  was  totally  over- 
thrown.    This  is  what  has  been  done  by  con- 
struction.    Now  for  the  cfPjcts  of  legislation: 
and  without  going  into  an  enumeration  of  sta- 
tutes so  widely  extending  and  increasing  execu- 
tive patronage  in  the  multiplication  of  offices, 
jobs,  contracts,  agencies,  retainers,  and  sequiturs 
of  all  sorts,  holding  at  the  will  of  the  President, 
it  is  enough  to  point  to  a  single  act — the  four 
years'  limitation  act ;  which,  by  vacating  almost 
the  entire  civil  list — the  whole  "  Blue  Book  " — 
the  40,000  places  which  it  registers — in  every 
period  of  a  presidential  term — puts  more  offices 
at  the  command  of  the  President  than  the  authors 
of  the  Federalist  ever  dreamed  of;  and  enough  to 
equip  all  the  members  and  all  their  kin  if  they 
chose  to  accept  his  favors.    But  this  is  not  the 
end.    Large  as  it  opens  the  field  of  patronage, 
it  is  not  the  end.    There  is  a  practice  grown  up 
in  these  latter  times,  which,  upon  every  revolu- 
tion of  parties,  makes  a  political  exodus  among 
the  adversary  office-holders,  marching  them  off 
into  the  wilderness,  and  leaving  their  places  for 
new-comers.     This  practice  of  itself,  also  unfore- 
seen by  the  authors  of  the  Federalist,  agam  over- 
sets their  whole  argument,  and  leaves  the  mis- 
chief from  which  they  undertook  to  defend  the 
constitution  in  a  degree  of  vigor  and  universality 
of  which  the  original  opposers  of  that  mischief 
had  never  formed  the  slightest  conception. 

Besides  the  direct  commerce  which  may  take 
place  between  the  Executive  and  a  member, 
there  are  other  evils  resulting  from  their  ap- 
pointment to  office,  wholly  at  war  with  the 
theory  of  our  government,  an  .  the  purity  of  its 
action.  Responsibility  to  his  constituents  is  the 
corner-stone  and  sheet-anchor,  in  the  system  of 
representative  government.  It  is  the  substance 
without  which  representation  is  but  a  shadow. 
To  secure  that  responsibility  the  constitution 


TtMi 


f 


•i.i 


m§. 


: '  f';,  1 


;i:: 


*? 


; . :  't  I 


86 


THIRTY  YEARS'  VIEW. 


has  provided  that  the  moniVjcrs  sliall  be  periodi- 
cally returned  to  their  constituents — those  of 
the  House  at  the  end  of  every  two  years,  those 
of  the  Senate  at  the  end  of  every  six — to  pass  in 
review  before  them — to  account  for  what  may 
have  been  done  amiss,  and  to  receive  the  reward 
or  censure  of  good  or  bad  conduct.  This  re- 
sponsibility is  totally  destroyed  if  the  President 
takes  a  member  out  of  the  hands  of  his  constit- 
uents, prevents  his  return  home,  and  places  him 
in  a  situation  where  he  is  independent  of  their 
censure.  Again :  the  constitution  intended  that 
the  three  departments  of  the  government, — the 
executive,  the  legislative,  and  the  judicial — 
should  be  independent  of  each  other :  and  tliis 
independence  ceases,  between  the  executive  and 
legislative,  the  moment  the  members  become 
expectants  and  recipients  of  presidential  favor ; 
— the  more  so  if  the  President  should  have 
owed  his  office  to  their  nomination.  Then  it 
becomes  a  commerce,  upon  the  regular  principle 
of  trade — a  commerce  of  mutual  benefit.  For 
tliis  reason  Congress  caucuses  for  the  nomination 
of  presidential  candidates  fell  under  the  ban  of 
public  opinion,  and  were  ostracised  above  twenty 
years  ago — only  to  be  followed  by  the  same  evil 
in  a  worse  form,  that  of  illegal  and  irresponsible 
"  conventions  ; "  in  which  the  nomination  is  an 
election,  so  far  as  party  power  is  concerned  ;  and 
into  which  the  member  glides  who  no  longer 
dares  to  go  to  a  Congress  caucus ; — whom  the 
constitution  interdicts  from  being  an  elector — 
and  of  whom  some  do  not  blush  to  receive  office, 
and  even  to  demand  it,  from  the  President  whom 
they  have  created.  The  framers  of  our  govern- 
ment never  foresaw — far-seeing  as  they  were — 
this  state  of  things,  otherwise  the  exclusion  of 
members  from  presidential  appointments  could 
never  have  failed  as  part  of  the  constitution, 
(after  having  been  first  adopted  in  the  original 
draught  of  that  instrument) ;  nor  repulsed  when 
recommended  by  so  many  States  at  the  adoption 
of  the  constitution ;  nor  rejected  by  a  majority  of 
one  in  the  Congress  of  1789,  when  proposed  as 
an  amendment,  and  coming  so  near  to  adoption 
by  the  House. 

Thus  far  I  have  spoken  of  this  abuse  as  a  po- 
tentiality— as  a  possibility — as  a  thing  which 
might  happen  :  the  inexorable  law  of  history 
requires  it  to  be  written  that  it  has  happened,  is 
happening,  becomes  more  intense,  and  is  ripen- 
ing into  a  chronic  disease  of  the  body  politic. 


When  I  first  came  to  the  Senate  thirty  years 
ago,  aged  members  were  accustomed  to  tell  mu 
that  there  were  always  members  in  the  market 
waiting  to  render  votes,  and  to  receive  oITice; 
and  that  in  any  closely  contested,  or  ncailj 
balanced  .question,  in  which  the  administration 
took  an  interest,  they  could  turn  the  decision 
which  way  they  pleased  by  the  help  of  tlicsc 
marketable  votes.  It  was  a  humiliating  revela- 
tion to  a  young  senator — but  true ;  and  I  have 
.seen  too  much  of  it  in  my  time — seen  members 
whose  every  vote  was  at  the  service  of  govern- 
ment— to  whom  a  scat  in  Congress  was  but 
the  stepping-stone  to  executive  appointment — to 
whom  federal  office  was  the  pabulum  for  which 
their  stomachs  yearned — and  who  to  obtain  it 
were  ready  to  forget  that  they  had  either  con- 
stituents or  country.  And  now,  why  this  mor- 
tifying exhibition  of  a  disgusting  depravity  ?  J 
answer — to  correct  it : — if  not  by  law  and  con- 
stitutional amendment  (for  it  is  hard  to  got 
lawgivers  to  work  against  themselves),  at  least 
by  the  force  of  public  opinion,  and  the  stern  re- 
buke of  popular  condemnation. 

I  have  mentioned  Mr.  Monroe  as  a  President 
who  would  not  depart,  even  from  the  spirit  of 
the  constitution,  in  appointing,  not  a  mcinbcr, 
but  an!8x-membcr  of  Congress,  to  office.  Others 
of  the  earlier  Presidents  were  governed  by  tlie 
same  principle,  of  whom  I  will  only  mention 
(for  his  example  should  stand  for  all)  General 
Washington,  who  entirely  condemned  the  prac- 
tice. In  a  letter  to  General  Hamilton  (vol.  6, 
page  53,  of  Hamilton's  Works),  he  speaks  of  his 
objections  to  these  appointments  as  a  thing  well 
known  to  that  gentleman,  and  which  he  was 
only  driven  to  think  of  in  a  particular  instance, 
from  the  difficulty  of  finding  a  Secretary  of 
State,  successor  to  Mr.  Edmund  Randolph.  No 
less  than  four  persons  had  declined  the  offer  of 
it ;  and  seeing  no  other  suitable  person  without 
going  into  the  Senate,  he  offered  it  to  Mr.  Rufus 
King  of  that  body — who  did  not  accept  it :  and 
for  this  offer,  thus  made  in  a  case  of  so  much 
urgency,  and  to  a  citizen  so  eminently  fit,  Wash- 
ington felt  that  the  honor  of  his  administration 
required  him  to  show  a  justification.  Wiiat 
would  the  Father  of  his  country  have  thought 
if  members  had  come  to  him  to  solicit  cfhce? 
and  especially,  if  these  members  (a  thing  al- 
most blasphemous  to  be  imagined  in  connection 
with  his  name)   had    mixed  in  caucuses  and 


I 


conventions 
dent  ?  Cer 
look  which 
ever  from  hi 
for  thirty  yc 
or  any  one 
demn  a  prac 
which  the  pi 
bo  abolishct 
carefully  av< 


CI 

DKATII  OF  ' 
A 

It  comes  wit 
the  deaths  ai 
who  have  die 
contemporar: 
with  the  foui 
eral  governni 
a  chapter  w 
and  Mr.  Jcl 
political  mer 
public  life  tc 
July  4tli,  18: 
had  both  pui 
Independenc( 
the  theatre  o 
enough  of  sii 
excuse  the  b< 
providence,  « 
terious  revere 
incident  deni 
country.  Tl 
plete.  BorE 
Adams  the  > 
life — with  tl 
earthly  caree 
way : — in  th( 
pose  and  trari 
of  their  fara 
labors  had  c 
Born,  one 
ginia,  they  b( 
braced  the 
mixed  litera 


i 


ANNO  1826.    JOHN  QUINCY  ADAMS,  I'UFSIDENT. 


87 


conventions  to  procure  his  nomination  for  Prcsi-  , 
rlcnt  ?  Certainly  he  would  have  given  them  a 
look  which  would  have  sent  such  suppliants  for 
ever  fronj  his  presence.  And  I,  who  was  senator 
for  thirty  years,  and  never  had  ofDce  for  myself 
or  any  one  of  my  blood,  have  a  riglit  to  con- 
demn a  practice  which  my  conduct  rebuke-',  and 
which  the  purity  of  the  government  requires  to 
bo  abolished,  and  wliich  the  early  Ti-csidents 
carefully  avoided. 


CHAPTER    XXXI. 

DEATH  OF  THE  EX-rRESIDENTS  JOHN  ADAMS 
AND  THOMAS  JEFFERSON. 

It  comes  within  the  scope  of  this  View  to  notice 
the  deaths  and  characters  of  eminent  public  men 
who  have  died  during  my  time,  although  not  my 
contemporaries,  and  who  have  been  connected 
with  the  founding  or  early  working  of  the  fed- 
eral government.  This  gives  mo  a  right  to  head 
a  chapter  with  the  names  of  Mr.  John  Adams 
and  Mr.  Jefferson — two  of  the  most  eminent 
political  men  of  the  revolution,  who,  entering 
public  life  together,  died  on  the  same  day, — 
July  4th,  1826, — exactly  fifty  years  after  they 
had  both  put  their  hands  to  that  Declaration  of 
Independence  which  placed  a  new  nation  upon 
the  theatre  of  the  world.  Doubtless  there  was 
enough  of  similitude  in  their  lives  and  deaths  to 
excuse  the  belief  in  the  interposition  of  a  direct 
providence,  and  to  justify  the  feeling  of  mys- 
terious reverence  with  which  the  news  of  their  co- 
incident demise  was  received  throughout  the 
country.  The  parallel  between  them  was  com- 
plete. Born  nearly  at  the  same  time,  Mr. 
Adams  the  elder,  they  took  the  same  course  in 
life — with  the  same  success — and  ended  their 
earthly  career  at  the  seme  time,  and  in  the  same 
way : — in  the  regular  course  of  nature,  in  the  re- 
pose and  tranquillity  of  retirement,  in  the  bosom 
of  their  families,  and  on  the  soil  which  their 
labors  had  contributed  to  make  free. 

Born,  one  in  Massachusetts,  the  other  in  Vir- 
ginia, they  both  received  liberal  educations,  em- 
braced the  same  profession  (that  of  the  law), 
mixed  literature  and  science  with  their  legal 


studies  and  pursuits,  and  entered  early  into  the 
riiK-'uiiig    contest   with  Great   IJritain — first  in 
tlieir  counties  and  States,  and  then  on  the  broader 
field  of  the  Gejieral  Congress  of  the  Confeder- 
ated Colonies.     They  were  both  members  of  the 
Congress  which  declared  IndeDcndencc — both  of 
the  committee  which  reported  the  Declaration — 
both  signed  it — were  both  employed  in  foreign 
missions  —  both  became  Vice  Presidents  —  and 
both  became  Presidents.    They  were  both  work- 
ing men ;  and,  in  the  great  number  of  efficient 
laborers  in  the  cause  of  Independence  which  the 
Congresses  of  the   Revolution  contained,   they 
were  doubtless  the  two  most  efficient — and  Mr. 
Adams  the  more  so  of  the  two.     He  was,  as  Mr. 
Jefferson    styled  him,  '•  the   Colossus "  of  the 
Congress  —  speaking,    writing,    counselling  —  a 
member    of   ninety   different    committees,   and 
(during  his  three  years'  service)  chairman  of 
twenty  five — chairman  also  of  the  board  of  war 
and  board  of  appeals :  his  soul  on  fire  with  the 
cause,  left  no  rest  to  his  head,  hands,  or  tongue. 
Mr,  Jefferson  drew  the  Declaration  of  Indepen- 
dence, but  Mr.  Adams  was  "  the  pillar  of  its  sup- 
port, and  its  ablest  advocate    and    defender," 
during  the  forty  days  it  was  before  the  Congress. 
In  the  letter  which  he  wrote  that  night  to  Mrs. 
Adams  (for,  after  all  the  labors  of  the  day,  and 
such  a  day,  he  could  still  write  to  her),  he  took 
a  glowing  view  of  the  future,  and  used  those 
expressions,  "gloom"  and   "glory,"  which  his 
son  rejjeated  in  the  paragraph  of  his  message  to 
Congress  in  relation  to  the  deaths  of  the  two  ex- 
Presidents,  which  I  have  heard  criticized    by 
those  who  did  not  know  their  historical  allusion, 
and  could  not  feel  the  force  and  beauty  of  their 
application.     They  were  words  of  hope  and  con- 
fidence  when  he  wrote  them,  and  of  history 
when  he  died.     "  I  am  well   aware  of  the  toil, 
and  blood,  and  treasure,  that  it  will  cost  to  main- 
tain this  Declaration,  and  to  support  and  defend 
these  States ;  yet  through  all  the  gloom,  I  can 
see  the  rays  of  light  and  glorij  !  "  and  he  lived  to 
see  it — to  see  the  glory — with  the  bodily,  as  well 
as  with  the  mental  eye.    And  (for  the  great  fact 
will  bear  endlest  -{^petition)  it  was  ho  that  con- 
ceived the  idea  of  making  Washington  command- 
er-in-chief, and  prepared  the  way  for  his  unani- 
mous nomination. 

In  the  division  of  partijs  which  ensued  tho 
establishment  of  the  federal  government,  Mr. 
Adams  and  Mr.  Jefferson  differed  in  systems  of 


.Wffi 


I  ■il 


l:!i:i 


1  <   ••  ■  ' 


t'w 


88 


TIIiriTY  VRARS*  VIEW. 


l)olicy,  iiiid  Iktiuiio  hujuls  <if  dpiiositu  divisions. 
but  without  be'coniiu^  I'ithir  unjust  or  unkiiul  to 
each  other,  l^fr.  Adams  si(U'd  with  ttie  jiarty 
discriminated  as  flvh-ral ;  and  in  that  cliaractor 
became  the  subject  of  jiolitical  attacks,  from 
which  liis  competitor  generously  defended  him, 
dcclariuf!;  tliat  '-a  more  perfectly  lionest  man 
never  issued  from  the  hands  of  his  Creator;"  and, 
though  opposing  candidates  for  tlie  presidency, 
neither  would  have  any  thing  to  do  with  the  elec- 
tion, which  they  considered  a  ipiestion  between 
tho  systems  of  [)olicy  which  they  represented, 
and  not  a  question  between  tlieniselves.  Jlr. 
JelTerson  became  the  head  of  tlie  party  then 
called  reptiblican — now  democratic ;  and  in  that 
character  became  the  founder  of  the  political 
scliool  which  has  since  chielly  prevailed  in  the 
United  States.  He  was  a  statesman:  that  is  to 
say,  a  man  capable  of  conceiving  measures  use- 
ful to  tho  coimtry  and  to  mankind — able  to  re- 
commend them  to  adoption,  and  to  ailminister 
them  when  ado{ited.  I  have  seen  many  politi- 
cians— a  few  statesmen — and,  of  these  few,  he 
their  pre-eminent  bead.  He  was  a  republican 
by  nature  and  constitution,  and  gave  proofs 
of  it  in  tho  legislation  of  his  State,  as  well  as  in 
the  policy  of  tho  United  States.  lie  was  no 
speaker,  but  a  most  instructive  and  fascinating 
talker ;  and  tho  Declaration  of  Independence, 
even  if  it  had  not  been  sistered  by  innumerable 
classic  productions,  would  liave  placed  liim  at 
the  head  of  political  writers.  I  never  saw  him 
but  once,  when  I  went  to  visit  him  in  his  retire- 
ment ;  and  then  I  felt,  for  four  hour.s,  the  charms 
of  his  bewitching  talk.  I  was  then  a  young  .sen- 
ator, just  coming  on  the  stage  of  public  life — he  a 
patriarchal  statesman  just  going  off  the  stage  of 
natural  life,  and  evidently  desirous  to  impress 
some  views  of  policy  upo.i  me — a  design  in  which 
he  certainly  did  not  fail.  I  honor  him  as  a  patriot 
of  the  Revolution — as  one  of  the  Founders  of  the 
Republic — as  the  founder  of  the  political  school 
to  which  I  belong ;  and  for  the  purity  of  charac- 
ter which  he  possessed  in  common  with  his  com- 
patriots, and  which  gives  to  the  birth  of  the 
United  States  a  beauty  of  parentage  which  the 
genealogy  of  no  other  nation  can  show. 


CHAPTER    XXXII 


tlTIriU  INDEMNITY  FOK  DEPOUTKD  BLATE8, 


m 


In  this  year  was  brought  to  a  conclusion  tho 
long-continued  controversy  with  Great  llritain 
in  relation  to  the  non-fulfilment  of  the  first  arti- 
cle of  the  treaty  of  Gluait  (1H14),  for  liio  resti- 
tution of  slaves  carried  off  by  the  Briti.sh  troops 
in  the  war  of  1812.   It  was  a  renewal  of  the  mis- 
imderstanding,  but  with  a  better  issue,  which 
grew  up  under  the  .seventh  article  of  the  treaty 
of  peace  of  17^i;i  upon  the  same  subject.    The 
power  of  Washington's  administration  was  not 
able   to   procure  the  execution  of  that  article 
either  by  restoration  of  the  slaves  or  indemnity. 
The  slaves  then  taken  away  were  carried  to  Nova 
Scotia,  where,  becoming  an  annoyance,  they  were 
transferred  to  Sierra  Leone ;  and  thus  became  the 
foundation  of  the  British  African  colony  there. 
The  restitution  of  deported  slaves,  stipulated  in 
the  first  article  of  the  Ghent  treaty,  could  not  be 
accomplished  between  the  two  powers ;  they  dis- 
agreed as  to  tho  meaning  of  words;  and,  after 
seven  years  of  vain  efforts  to  come  to  an  undei"- 
standing,  it  was  agreed  to  refer  the  question  to 
arbitrament.     The  Emperor  Alexander  accepted 
the  odice  of  arbitrator,  executed  it,  and  decided 
in  favor  of  the  United  States.   Tliat  decision  was 
as  unintelligible  to  Great  Britain  as  all  the  pre- 
vious treaty  stipulations  on  the  same  subject  had 
been.    She  could  not  understand  it.     A  second 
misunderstanding  grew  up,  giving  rise  to  a  second 
negotiation,   which   was  concluded   by  a  final 
agreement  to  pay  the  value  of  the  slaves  carried 
off.     In  1827  payment  was  made — twelve  years 
after  tho  injury  and  the  stipulation  to  repair  it. 
and  after  continued  and  most  strenuous  exertions 
to  obtain  redress. 

The  case  was  this :  it  was  a  part  of  the  system 
of  warfare  adopted  by  the  British,  when  operat- 
ing in  the  .slave  States,  to  encourage  the  slaves  to 
desert  from  their  owners,  promising  them  free- 
dom ;  and  at  the  end  of  the  war  these  slaves 
were  carried  off.  This  carrying  off  was  foreseen 
by  the  United  States  Commissioners  at  Ghent, 
and  in  the  first  article  of  the  treaty  was  pro- 
vided against  in  these  words ;  "  all  places  taken, 
&c.  shall  be  restored  without  delay,  ic,  or  car- 
rying away  any  of  the  artillery,  or  other  public 


property  origii 
places,  and  wl 
exchange  of 
any  slaves  oi 
British   Oovei 
limitation  whi 
that  which  wa 
only  such  sla 
nithin  tho  fort 
the  time  of  the 
struction  whic 
were  inducet 
ffholc;  and  a 
change  of  ratifl 
ed  the  rest, 
given  to  the  pa 
aad  by  which 
were  held  to  b< 
der  the  British 
pcnsatedfor.   1 
confined  this  1 
nant  to  tho  fort 
vate  property, 
compensation,  i 
how  acquired. 

The  point  w 

Emperor  Alexa 

ed  by  their  mil 

Great  Britain  b 

XesLjclrodc  and 

gumcnts  to  be 

Majesty's  decis 

United  States 

indemnification 

property  carric 

and,  as  the  qu 

cial'y.  for  all  i 

by  the  British 

tories  of  which 

the  treaty,  in  q' 

ries."    This  wt 

ter  undertook 

to  slaves  who 

troops  to  free  f 

came  from  pi 

British  troops 

elTect  to  the  K 

to  be  laid  be 

Alexander  ga^ 

categorical  rej 

said:  "  the  Ei 

sent  of  the  tv 


ANNO  1827.    JOHN  QUINCY  ADAAH,  riUlsIIir.NT. 


89 


tiropcrty  originally  captured  in  the  saiil  posts  or 
places,  and  which  shall  remain  therein  tipun  the 
exchange  of  the  ratilications  of  this  treaty,  or 
any  slaves  or  other  private  property."  The 
British  Government  undertook  to  extend  the 
limitation  which  applied  to  public  property  to 
that  which  was  private  also ;  ami  so  to  restore 
only  such  slaves  as  were  originally  cai)tured 
within  the  forts,  and  which  remained  therein  ut 
the  time  of  the  exchange  of  ratifications — a  con- 
struction which  would  have  excluded  all  that 
were  induced  to  run  away,  heing  nearly  the 
whole ;  and  all  that  left  the  forts  before  the  ex- 
change of  ratifications,  which  would  have  includ- 
ed the  rest.  She  adhered  to  the  construction 
given  to  the  parallel  article  in  the  treaty  of  1783, 
aad  by  which  all  slaves  taken  during  the  war 
were  held  to  be  lawful  prize  of  war,  and  free  un- 
der the  British  proclamation,  and  not  to  be  com- 
pensated for.  The  United  States,  on  the  contrary, 
confined  this  local  limitation  to  things  appurte- 
nant to  the  forts ;  and  held  the  slaves  to  bo  pri- 
vate property,  subject  to  restitution,  or  claim  for 
compensation,  if  carried  away  at  all,  no  matter 
how  acquired. 

The  point  was  solemnly  carried  before  the 
Emperor  Alexander,  the  United  States  represent- 
ed by  their  minister,  Mr.  Henry  Middleton,  and 
Great  Britain  by  Sir  Charles  Bagot — the  Counts 
Nesoclrode  and  Capo  D'Istrias  receiving  the  ar- 
guments to  be  laid  before  the  Emperor.  Ilis 
Majesty's  decision  was  peremptory ;  '•  that  the 
Uuited  States  of  America  are  entitled  to  a  just 
indemnification  from  Great  Britain  for  all  private 
property  carried  away  by  the  British  forces; 
and,  as  the  question  regards  slaves  more  espe- 
cially, for  all  such  slaves  as  were  carried  away 
by  the  British  forces  from  the  places  and  terri- 
tories of  which  the  restitution  was  stipulated  by 
the  treaty,  in  quitting  the  said  places  and  territo- 
ries." This  was  explicit ;  but  the  British  minis- 
ter undertook  to  understand  it  as  not  applying 
to  slaves  who  voluntarily  joined  the  British 
troops  to  free  themselves  from  bondage,  and  who 
came  from  places  never  in  possession  of  the 
British  troops ;  and  ho  submitted  a  note  to  that 
effect  to  the  Russian  minister,  Count  Nesoelrode, 
to  be  laid  before  the  Emperor.  To  tliis  note 
Alexander  gave  an  answer  which  is  a  model  of 
categorical  reply  to  unfound  d  dubitation.  He 
said :  "  the  Emperor  havinp-,  by  the  mutual  con- 
sent of  the  two  plenipotentiaries,  given  an  opin- 


ion, founded  i  Ay  upon  the  souse  which  results 
from  the  text  of  the  article  in  dispute,  does  not 
think  himself  called  upon  to  decide  hero  any 
question  relative  to  what  the  laws  of  war  permit 
or  forbid  to  the  belligerents;  but,  always  faithful 
to  the  grammatical  interpretation  of  the  first  ar- 
ticle of  the  treaty  of  Ghent,  his  Imperial  Majesty 
declares,  a  second  time,  that  it  appears  to  him, 
according  to  this  interpretation,  that,  in  quitting 
tho  places  and  territories  of  which  the  treaty  of 
Ghent  stip;'lates  the  restitution  to  tho  United 
States,  his  Britannic  Majesty's  forces  had  no 
right  to  carry  away  from  tho  same  places  and 
territories,  absolutely,  any  slave,  by  whatever 
means  he  had  fallen  or  come  into  their  power." 
This  was  tho  second  declaration,  tho  second  de- 
cision of  the  point;  and  both  parties  having 
bound  themselves  to  abide  the  decision,  be  it 
what  it  might,  a  convention  was  immediately  con- 
cluded for  the  purpose  of  carrying  the  Emperor's 
decision  into  eflect,  by  establishing  a  board  to 
ascertain  the  number  and  value  of  the  deported 
slaves.  It  was  a  convention  formally  drawn 
up,  signed  by  the  ministers  of  the  three  powers, 
done  in  triplicate,  ratified,  and  ratifications  ex- 
changed, and  the  affair  considered  finished.  Not 
so  the  fact !  New  misunderstanding,  new  nego- 
tiation, five  years  more  consumed  in  diplomatic 
notes,  and  finally  a  new  convention  concluded ! 
Certainly  it  was  not  the  value  of  the  property 
in  controversy,  not  the  amount  of  money  to  bo 
paid,  that  led  Great  Britain  to  that  pertinacious 
resistance,  bordering  upon  cavilling  and  bad  fiiith. 
1 1  was  the  loss  of  an  advantage  in  war — the  loss 
of  the  future  advantage  of  operating  upon  the 
slave  States  through  their  slave  property,  and 
which  advantage  would  be  lost  if  this  compensa- 
tion was  enforced, — which  induced  her  to  stand 
out  so  long  against  her  own  stipulations,  and  the 
decisions  of  her  own  accepted  arbitrator. 

This  new  or  third  treaty,  making  indemnity 
for  these  slaves,  was  negotiated  at  London,  No- 
vember, 182G,  between  Sir.  Gallatin  on  the  part 
of  the  United  States,  and  Messrs.  Iluskisson  and 
Addington  on  the  part  of  Great  Britain.  It  com- 
menced with  reciting  that  "  difficulties  having 
arisen  in  the  execution  of  the  convention  conclud- 
ed at  St.  Petersburg,  July  12th,  1822,  under  the 
mediation  of  his  majesty  the  Emperor  of  all  tho 
Russias,  between  the  United  States  of  America 
and  Great  Britain,  for  the  purpose  of  carrying 
into  effect  the  decision  of  his  Imperial  Majesty 


ij^'-' 


Ul 


FT 


■wwi 


90 


TlIiriTY  YRAUS'  VIEW. 


ii;  m 


upon  tho  ditfi'i'oticcs  which  hiul  arisen  between 
the  Naid  United  States  and  Cireut  Britain  as  to 
the  trill'  construction  and  inclining  of  the  first 
article  of  tim  treaty  of  Olicnt,  l/ivrifore  tho  said 
parties  aj^rec  to  treat  ap;ain,"  &c.  Tiio  result  of 
this  third  negotiation  was  to  stipulate  for  the 
payment  of  a  groKS  sum  to  tho  government  of 
the  United  States,  to  bo  by  it  diviiled  among 
those  whoso  slaves  ha<l  been  carried  off:  and  the 
sum  of  one  million  two  hundred  and  four  thou- 
sand nine  hundred  and  sixty  dollars  was  the 
amount  agreed  upon.  This  sum  was  satisfactory 
to  tho  claimants,  and  was  paid  to  the  United 
States  for  their  benefit  in  the  year  1827  —just 
twelve  years  after  tho  conclusion  of  tho  war,  and 
after  two  treaties  ha<l  been  made,  and  two  arbi- 
trations rendereil  to  explain  tho  meaning  of  the 
first  treaty,  and  which  fully  explained  itself. 
Twelve  years  of  persevering  exertion  to  obtain 
tho  execution  of  a  treaty  stipulation  which  solely 
related  to  private  property,  and  which  good  faith 
and  sheer  justice  required  to  liavc  been  complied 
with  immediately  !  At  the  commencement  of 
the  session  of  Congress,  1827-28,  the  President, 
Mr.  John  Quincy  Adams,  was  able  to  communi- 
cate the  fact  of  the  final  settling  and  closing  up 
of  this  demand  upon  the  British  government  for 
the  value  of  the  slaves  corried  off  by  its  troops. 
The  sum  received  was  large,  and  ample  to  pay 
the  damages;  but  that  was  the  smallest  part  of 
tho  advantage  gained.  The  example  and  the 
principle  were  the  main  points — the  enforcement 
of  such  a  demand  against  a  government  so  power- 
ful, and  after  so  much  resistance,  and  the  con- 
demnation which  it  carried,  and  the  responsibilty 
which  it  implied — this  was  the  grand  advantage. 
Liberation  and  abduction  of  slaves  was  one  of 
the  modes  of  warfare  adopted  by  the  British,  and 
largely  ccimted  on  as  a  means  of  harassing  and 
injuring  one  half  of  the  Union.  It  had  been 
practised  during  the  Revolution,  and  indemnity 
avoided.  If  avoided  a  second  time,  impunity 
would  have  sanctioned  the  practice  and  rendered 
it  inveterate ;  and  in  future  wars,  not  only  with 
Great  Britain  but  with  all  powers,  this  mode  of 
annoyance  would  have  become  aa  ordinary  re- 
sort, leading  to  servile  insurrections.'  The  in- 
demnity exacted  can-ied  along  with  it  the  con- 
demnation of  the  practice,  as  a  spoliation  of 
private  propertj  to  be  atoned  for ;  and  was  both 
a  compensation  for  the  past  and  a  warning  for 
the  future.    It  implied  a  responsibility  which  no 


power,  or  ort,  or  time  could  evade,  and  the  prin- 
ciple of  which  being  established,  there  will  be  no 
need  for  future  arbitrations. 

1  have  said  that  this  article  in  tho  treaty  of 
(Jhent  for  restitution,  or  compensation,  for  de- 
ported slaves  was  brought  to  a  better  issue  than 
its  parallel  in  the  treaty  of  peace  of  1783.    By 
tho  seventh  article  of  this  treaty  it  was  declared 
that  the  evacuation  (by  the  British  troops)  should 
be  nuule  "  without  carrying  away  any  negroes  or 
other  property  belonging  to  tho  American  in- 
habitants."      Yet  three  thousand  slaves  were 
carried  away  (besides  ten  times  that  number— 
27,000  in  Viiginia  alone — perishing  of  disease  in 
the  British  camps)  ;  and  neither  restitution  nor 
compensation  made  for  any  part  of  them.    Both 
were    resisted — the    restitution    by    Sir    Guy 
Carlcton  in  liis  letter  of  reply  to  Washington'a 
demand,  declaring  it  to  be  an  impossible  infamy 
in  a  British  officer  to  give  up  those  whom  they 
had  invited  to  tlieir  standard  ;  but  reserving  tho 
point  for  the  consideration  of  his  government,  and, 
in  the  mean  time,  allowing  and  facilitating  the 
taking  of  schedules  of  all  slaves  taken  away — 
names,  ages,  sex,    former  owners,   and  States 
from   wliich  taken.      The   British  government 
resisted  compensation  upon  the  ground  of  war 
captures ;  that,  being  taken  in  war,  no  matter 
how,  they  became,  like  other  plunder,  the  jiro- 
perty  of  the  captors,  who  had  a  right  to  dispose 
of  it  as  they  pleased,  and  had  chosen  to  set  it 
free;  that  the  slaves,  having  become  free,  be- 
longed to  nobody,  and  consequently  it  was  no 
breach  of  the  treaty  stipulation  to  carry  them 
away.     This  ground  was  contested  by  the  Con- 
gress of  the  confederation  to  the  end  of  its  exist» 
ence,  and  afterwards  by  the  new  federal  govern- 
ment, from  its  commencement  until  the  claim 
for  indemnity  was  waived    or    abandoned,  at 
the  conclusion  of  Jay's  treaty,  in  1796.    Tho 
very  first  message  of  Washington  to  Congress 
when  he  became  President,  presented  the  incxo- 
cution  of  the  treaty  of  peace  in  this  particular, 
among  others,  as  one  of  the  complaints  justly 
existing  against  Great  Britain  ;  and  all  the  di- 
plomacy of  liis  administration  was  exerted  to 
obtain  redress — in  vam.     The  treaties  of  '94  and 
'9G  were  both  signed  without  allusion  to  the  sub- 
ject; and,  being  left  unprovided  for  in  these  trea- 
ties, the  claim  sunk  into  the  class  of  obsolete  de- 
mands ;  and  the  stipulation  remained  in  the  treaty 
a  dead  letter,  although  contaiuing  the  precise 


words  » nil  thi 
the  Emperor  J 
munded  conip 
nienfs  foundet 
Imd  been  reee 
upon  privaH'  p 
the  confederat 
ond  even  onlei 
copies  of  the 
it ;  and  hopes 
extinguished 
bitter  comj)laii 
gress  debates  > 
abundantly  s 

Northern  m 
getting  compe 
more,  cstablisl 
be  compensati 
carried  away  i 
of  tho  commiss 
stipulation  for 
Adams,  llusse 
Clay  and  Bay 
Northern  neg( 
Northern  Pres 
finally  obtainc( 
thy  of  remark 
wlio  was  final 
bater  in  Congn 
argument  (in  i 
of  Mr.  Jladison 
the  British  Go 
of  this  article  c 
I  am  no  mai 
federal    goverr 
which  exhumei 
cility  with  whi 
ip  the  hands  of 
next  to  nothing 
the  argument 
claim  is  now  ; 
applies  with  in: 
whose  slaves  w 
Revolution  tha 
ation  claims, 
their  persons  ir 
voluntary  or  ti 
dence  of  their  ( 
spoiled  of  theii 
these  slaves  to 
were  supportii 
debt  to  British 


ANXO  1S27.    JOHN  QUINCY  ADAMS,  rUKSIDKNT. 


91 


words  iiml  tlic  mMitinnnl  onf  '■  no)rroi'H."on  which 
till'  KmjHTor  Ali'xandiT  took  thostniul  wliichooni- 
niiinik"!  comiK-nsntion  nnil  (lis|)cnst'tl  with  arRU- 
ini-ntH  foimdod  in  thu  laws  of  war.  Not  a  shilliiiR 
liud  h(;('n  rcceivi'd  for  tliat  iininonsc  de|>rcdatioii 
u|)Ou  privaH'  property ;  altiioiigh  tiic  Coiigross  of 
the  0011  federation  adopted  the  Htronftcst  resolves, 
and  even  onlered  each  State  to  he  furnished  with 
coj)ies  of  the  schedules  of  the  slaves  taken  from 
it ;  and  hopes  of  indemnity  were  kept  alive  until 
extinguished  by  the  treaty  of  '9G.  It  was  a 
bitter  complaint  against  that  treaty,  as  the  Con- 
gress debates  of  the  time,  and  the  public  press, 
abundantly  show. 

Northern  men  did  their  duty  to  the  South  in 
getting  compi'nsation  (and,  what  is  infinitely 
more,  establishing  tlie  principle  that  there  shall 
be  compensation  in  such  cases)  for  the  slaves 
carried  away  in  the  war  of  1812.  A  majority 
of  the  commissioners  at  Ghent  who  obtained  the 
stipulation  for  indemnity  were  Northern  men — 
Adams,  Uussell,  Gallatin,  from  the  free,  and 
Clay  and  Bayard  from  the  slave  States.  A 
Northern  negotiator  (Mr.  Gallatin),  under  a 
Northern  President  (Mr.  John  Quincy  Adams), 
finally  obtained  it ;  and  it  is  a  coincidence  wor- 
thy of  remark  that  this  Northern  negotiator, 
who  was  iinally  successful,  was  the  same  de- 
bater in  Congress,  in  '96,  who  delivered  the  best 
argument  (in  my  opinion  surpassing  even  that 
of  Mr.  Madison),  against  the  grounds  on  which 
the  British  Government  resisted  the  execution 
of  this  article  of  the  treaty. 

I  am  no  man  to  stir  up  old  claims  against  the 
federal  government;  and,  I  detest  the  trade 
which  exhumes  such  claims,  and  deplore  the  fa- 
cility with  which  they  are  considered — too  often 
in  the  hands  of  speculators  who  gave  nothing,  or 
next  to  nothing,  for  them.  But  I  must  say  that 
the  argument  on  wliich  the  French  spoliation 
claim  is  now  receiving  so  much  consideration, 
applies  with  infinitely  more  force  to  the  planters 
whose  slaves  were  taken  during  the  war  of  the 
Revolution  than  in  behalf  of  these  French  spoli- 
ation claims.  They  were  contributing — some  in 
their  persons  in  the  camp  or  council,  all  in  their 
voluntary  or  tax  contributions — to  the  indepen- 
dence of  their  country  when  they  were  thus  de- 
spoiled of  their  property.  They  depended  upon 
these  slaves  to  support  their  families  while  they 
were  supporting  their  country.  They  were  in 
debt  to  British  merchants,  and  relied  upon  com- 


pensation for  those  slaves  to  pay  those  debts,  at 
the  very  moment  when  I'oinpensiitioii  was  nbiin- 
done«l  by  the  same  treaty  which  enforcid  tho 
payment  of  the  debts.     They  had  a  treaty  obli- 
gation for  indemnity,  express  in  its  terms,  and 
since  shown  to  lie  valitl,  when  deprivi'd  of  this 
stipulation  by  another  treaty,  in  order  to  obtain 
general  advantages  for  the  whole  Tnion.     Tliis 
Is  something  like  taking  jirivate   property  for 
public  use.    Tliree  thousand  slaves,  the  property 
of  ascertained  individuals,  protected  by  a  treaty 
stipulation,  and  afterwanls  abandoned  by  another 
treaty,  against  the  entreaties  and  remonstrances 
of  tho  owners,  in  order  to  obtain  the  British 
commercial  treaty  of  "J4,  and  its  supplement  of 
'96 :  such  is  the  case  which  this  revolutionary 
spoliation  of  slave  property  presents,  and  which 
puts  it  immeasurably  ahead  of  the  French  sjjoli- 
tttion  claims  prior  to  1800.     There  is  but  four 
years'  difterence  in  their  ages— in  the  dates  of 
tho  two  treaties  by  which  they  were  respectively 
surrendered — and  every  other  dillerence  between 
the  two  cases  is  an  argument  of  pivferencc  in 
favor  of  tho  losers  under  the  treaty  of  1790. 
Yet  I  am  against  both,  and  each,  separately  or 
together ;  and  put  them  in  contrast  to  make  one 
stand  as  an  argument  against  the  other.     But 
tho  primary  reason  for  introducing   the  slave 
spoliation  case  of  1783,  and  comparing  its  less 
fortunate  issue  with  that  of  1812,  was  to  show 
that  Northern  men  will  do  justice  to  the  South ; 
that  Northern  men  obtained  for  the  South  an 
indemnity  and  security  in    our  day  which  a 
Southern  Administration,  with  Washington  at 
its  head,  had  not  been  able  to  obtain  in  the  days 
of  our  fathers. 


CHAPTER    XXXIII. 

MEETING  OF  THE  FIRST  CONGRESS  ELECTED  UN- 
DER THE  ADMINISTRATION  OF  MR.  ADAMS. 

The  nineteenth  Congress,  commencing  its  legal 
existence,  March  the  4th,  1825,  had  been  chiefly 
elected  at  the  time  that  Mr.  Adams'  administra- 
tion commenced,  and  the  two  IIouscs  stood  di- 
vided with  respect  to  him — the  majority  of  tho 
Representatives  beinfc-  favorable  to  him,  while  the 


ff- 


ifi 


92 


THIRTY  YEAR'S  VIEW. 


I ; :  mm 


% 


majority  of  the  Senate  was  in  oppv,       n.     The 
elections  for  the  twentieth  Congress — the  first 
under  his  administration — were  looked  to  with 
great  interest,  both  as  showing  whether  the  new 
President  was  supported  by  the  country,  and  his 
election  by  the  House  sanctioned,  and  also  as  an 
index  to  the  issue  of  the  ensuing  presidential 
election.    For,  simultaneously  with  the  election 
in  the  House  of  Representatives  did  the  canvass 
for  the  succeeding  election  begin — General  Jack- 
eon  being  the  announced  candidate  on  one  side, 
and  Mr.  Adamr,  on  the  other ;  and  the  event  in- 
volving not  only  the  question  of  merits  between 
the  parties,  but  also  the  question  of  approved  or 
disapproved  conduct  on  the  part  of  the  represen- 
tatives who  elected  Mr.  Adams.     The  elections 
took  place,  and  resulted  in  placing  on  opposition 
majority  in  the  House     f  Representatives,  and 
incr-jasing  the  strength  of  the  opposition  majori- 
ty in  the  Senate.    The  state  of  parties  in  the 
Hous"  was  immediately  tested  by  the  election  of 
speaker,  Mr.  John  W.  Taylor,  of  New- York, 
the  administration  candidate,  being  defeated  by 
Mr.  Andrew  Stevenson,  of  Virginia,  in  the  op- 
po.«ition.    The  appointment  of  the  majority  of 
members  on  all  the  committees,  and  their  chair- 
men, in  both  Houses  adverse  to  the  administra- 
tion, was  a  regular  consequence  of  the  inflamed 
state  of  parties,  although  the  proper  conducting 
of  the  public  business  would  demand  for  the  ad- 
ministration the  chairman  of  several  important 
committees,  as  enabling  it  to  place  its  measures 
fairly  before  the  House.    The  speaker  (Mr.  Ste- 
venson) could  only  yield  to  this  just  sense  of 
propriety  in  the  case  of  one  of  the  committees, 
that  of  foreign  relations,  to  which  Mr.  Edward 
Everett,  classing  as  the  political  and  personal 
friend  of  the  President,  was  appointed  chairman. 
In.  other  oommittee?i,  and  in  both  Houses,  the 
flora    ;.ir>t  of  the  times  prevailed;  and  the  or- 
ganic;'.'i^  r>  of  the  whole  Congress  was  adverse  to 
xbx  is-uiiJuistration. 

?'',ia  nresidontial  message  contained  no  new 
r-c%  .riimt.i'Jations,  but  referred  to  those  previ- 
ously m?de,  and  not  yet  acted  upon;  among 
which  internal  improvement,  and  the  encourage- 
ment of  home  industry,  were  most  prominent. 
It  gave  an  account  of  the  failure  of  the  proposed 
congress  of  Panama ;  and,  consequently,  of  the 
inutility  of  all  our  exertions  to  be  represented 
there.  And,  as  in  this  final  and  valedictory  no- 
tice by  Mr.  Adams  of  that  once  far-famed  con- 


gress, he  took  occasion  to  disclaim  some  views 
attributed  to  him,  I  deem  it  just  to  give  him  the 
benefit  of  his  own  words,  both  in  making  tJio 
disclaimer,  and  in  giving  the  account  of  the 
abortion  of  an  impracticable  scheme  which  had 
so  lately  been  prosecuted,  and  opposed,  with  so 
much  heat- and  violence  in  our  own  country.  He 
said  of  it : 

"  Disclaiming  al'ke  all  right  and  all  intention 
of  interfering  in  those  concerns  which  it  is  the 
prerogative  of  their  independence  to  regulate  as 
to  them  shall  seem  fit,  we  hail  with  joy  every 
indication  of  their  prosperity,  of  their  harmony, 
of  their  persevering  and  inflexible   homage  to 
those  principles  of  freedom  and  of  equal  rights, 
which  are  alone  suited  to  the  genius  and  temper 
of  the  American  nations.    It  has  been  therefore 
with  some  concern  that  we  have  observed  indi- 
cations of  intestine  divisions  in  some  of  the  re- 
publics of  the  South,  and  appearances  of  less 
union  with  one  another,  than  we  believe  to  be 
the  interest  of  all.    Among  the  results  of  tliia 
state  of  things  has  been  that  the   treaties  con- 
cluded at  Pav.ama  do  not  appear  to  have  been 
ratified  by  the  contracting  parties,  and  that  the 
meeting  of  the  Congress  at  Tacubaya  has  been 
indefinitely  postponed.     In  accepting  the  invita- 
tions to  be  r  -presented  at  this  Congress,  while  a 
manifestation   was  intended  on  the  pait  of  the 
United  States,  of  the  most  friendly  disposilion 
towards  the  Southern  republics  b}-  whom    it 
had  been  proposed,  it  was  hoped  that  it  would 
furnish  an  oppoi  tuiiity  for  bringing  all  the  na- 
tions of  this  hemisphere  to  the  common  acknow- 
ledgment and  adoption  of  the  principles,  in  the 
regulation  of  their  international  relations,  which 
would  have  secured  a  lasting  peace  and  harmony 
between  them,  and  have  promoted  the  cause  of 
mutual  benevolence  throughout  the  globe.    But 
as  obstacles  appear  to  have  arisen  to  the  re- 
assembling of  the  Congress,  one  of  the  two  min- 
isters commi.ssioncd  on  the  part  of  the  United 
States  has  returned  to  the  bosom  of  his  country, 
while  the  minister  charged  with  the  ordinary 
mission  to  Mexico  remains  authorized  to  attend 
at  the  conferences  of  the  Congress  whenever 
they  may  be  resumed." 

This  is  the  last  that  was  heard  of  that  so  much 
vaunted  Congress  of  American  nations ,  and  in 
the  manner  in  which  it  died  out  of  itself,  among 
those  who  proposed  it,  without  ever  having  been 
reached  by  a  minister  from  the  United  States, 
we  have  the  highest  confirmation  of  the  sound- 
ness of  the  objections  taken  to  it  by  the  opposi- 
tion members  of  the  two  Houses  of  our  Con- 
gress. 

In  stating  the  condition  of  the  finances,  the 
message,  without  intending  it,  gave  proof  of  the 
paradoxical  proposition,  first,  I  believe,  broached 


by  myself, 
of  a  fourth 
ture,  is  suf 
ture;  and 
sity  to  levy  I 
vide  by  law  I 
treasury  whj 
to  the  exptr 

"The  bil 
of  January 
dred  and  fif 
eighty-six    (J 
receipts  fror 
ber  liist,  as 
received  can 
eight  himdrq 
hundred  audi 
cents.      The 
estimated  at  1 
teen  thousani 
gregatc  of  i 
thousand  doll 
of  the  year  m 
millions  three 
ing  a  small  ej 
these  twenty-i 
been  applied  t 
the   public  de 
a\  iroaching  sc 
January  last, 
fall  short  of 
The  balance  in 
uary  next,  it  is 
four  hundred  a 
exceeding   thai 
though  falling 
of  January  lasi 

In  this  state] 
are  shown  to  e: 
a  balance,  aboul 
in  the  treasur 
that  the  balanc 
preceding  year, 
of  the  year  b( 
have  added,  thi 
same  at  the  cnc 
and  every  day 
from  the  impos: 
jects  until  ther 
in  the  time  of  t 
ams  speaks,  the 
lions  in  the  tree 
retain  six  millic 
at  the  rate  of  a  f 
many  times  gre 
retained;  and  i 
by  regular  paj 


i.::n 


in  tho 


,  so  much 

and  in 

If,  among 

ring  been 

Id  States, 

sonnd- 

le  opposi- 

Bur  Con- 

tices,  tlie 
if  of  tho 
aroached 


ANNO  1828.    JOHN  QUINCY  ADAMS,  PRESIDENT. 


93 


by  myself,  that  an  annual  revenue  to  the  extent 
of  a  fourth  or  a  fifth  below  the  annual  expendi- 
ture, is  sufficient  to  meet  that  annual  expendi- 
ture ;  and  consequently  that  there  is  no  neces- 
sity to  levy  as  much  as  is  expended,  or  to  pro- 
vide by  law  for  keeping  a  certain  amount  in  the 
treasury  when  the  receipts  are  equal,  or  superior 
to  the  expenditure.    He  said : 

"  The  balance  in  the  treasury  on  the  first 
of  January  last  was  six  millions  three  hun- 
dred and  fifty-eight  thousand  six  hundred  and 
eighty-six  dollars  and  eighteen  cents.  The 
receipts  from  that  day  to  the  30th  of  Septem- 
ber last,  as  near  as  the  returns  of  them  yet 
received  can  show,  amount  to  sixteen  millions 
eight  hundred  and  eighty-six  thousand  five 
hundred  and  eighty-one  dollars  and  thirty-two 
cents.  The  receipts  of  the  present  quarter, 
estimated  at  four  millions  five  hundred  and  fif- 
teen thousand,  added  to  the  above,  form  an  ag- 
gregate of  twenty-one  millions  four  hundred 
thouj^and  dollars  of  receipts.  The  expenditures 
of  the  year  may  perhaps  amount  to  twenty-two 
millions  three  hundred  thou.sand  dollars,  present- 
ing a  small  excess  over  the  receipts.  But  of 
these  twenty-two  millions,  upwards  of  six  have 
been  applied  to  the  discharge  of  the  principal  of 
the  public  debt;  the  whole  amount  of  which, 
ai  iroaching  seventy-four  millions  on  the  first  of 
January  last,  will  on  the  first  day  of  next  year 
fall  short  of  sixty-seven  millions  and  a  half. 
The  balance  in  the  treasury  on  the  first  of  Jan- 
uary next,  it  is  expected,  will  exceed  five  millions 
four  hundred  and  fifty  thousand  dollars ;  a  sum 
exceeding  that  of  the  first  of  January,  1825, 
though  falling  short  of  that  exhibited  on  the  first 
of  January  last." 

In  this  statement  the  expenditures  of  the  year 
are  shown  to  exceed  the  income,  and  yet  to  leave 
abalance,  about  equal  to  one  fourth  of  the  whole 
in  the  treasury  at  the  end  of  the  year;  also 
that  the  balance  was  larger  at  the  end  of  the 
preceding  year,  and  nearly  the  same  at  the  end 
of  the  year  before.  And  the  message  might 
have  added,  that  these  balances  were  about  the 
same  at  the  end  of  every  quarter  of  every  year, 
and  every  day  of  every  quarter — all  resulting 
from  the  impossibility  of  applying  money  to  ob- 
jects until  there  has  been  time  to  apply  it.  Yet 
in  the  time  of  those  balances  of  which  Mr.  Ad- 
ams speaks,  there  was  a  law  to  retain  two  mil- 
lions in  the  treasury ;  and  now  there  is  a  law  to 
retain  six  millions ;  while  the  current  balances, 
at  the  rate  of  a  fourth  or  a  fifth  of  the  income,  are 
many  times  greater  than  the  sum  ordered  to  be 
retained;  and  cannot  be  reduced  to  that  sum, 
by  regular  payments  from  the  treasury,  until 


the  revenue  itself  is  reduced  below  the  ex- 
penditure. This  is  a  financial  paradox,  sustain- 
able upon  reason,  proved  by  facts,  and  visible 
in  the  state  of  the  treasury  at  all  times;  yet  I 
have  endeavored  in  vain  to  establish  it;  and 
Congress  is  as  careful  as  ever  to  provide  an  an- 
nual income  equal  to  the  annual  expenditure; 
and  to  make  permanent  provision  by  law  to  keep 
up  a  reserve  in  the  treasury ;  which  would  bo 
there  of  itself  without  such  law  as  long  as  the 
revenue  comes  within  a  fourth  or  a  fifth  of  the 
expenditure. 

The  following  members  composed  the  two 
Houses  at  this,  the  first  session  of  the  twentieth 
Congress : 

SENATE. 

Maine— John  Chandler,  Albion  K.  Parris. 
New  Hampshire— Samuel  Bell,  i^cvi  Wood- 
bury. 

Massachusetts— Nathaniel  Silsbee,  Daniel 
Webster. 

Connecticut— Samuel  A.  Foot,  Calvin  Willey. 

Rhode  Island— Nehemiah  R.  Knight,  Asher 
Robbins. 

Vermont— Dudley  Chase,  Horatio  Seymour. 

New-York— Martin  Van  Buren,  Nathan  San- 
ford. 

New  Jersey— Mahlon  Dickerson,  Ephraim 
Batcman. 

Pknnsylvania— William  Marks,  Isaac  D. 
Barnard. 

Delaware— Louis  M'Lane,  Henry  M.  Ridge- 
ley. 

Maryland— Ezekiel  F.  Chambers,  Samuel 
Smith. 

Virginia— Littleton  W.  Tazewell,  John  Tyler. 

North  Carolina— John  Branch,  Nathaniel 
Macon. 

South  Carolina— William  Smith,  Robert  Y. 
Hayne. 

Georgia— John  M'Pherson  Berrien,  Thomas 
W.  Cobb. 

Kentuck  V— Richard  M.Johnson,  John  Rowan. 

Tennessee— John  H.  Eaton,  Hugh  L.White. 

Ohio — William  H.  Harrison,  Benjamm  Bug- 
gies. 

Louisiana— Dominique  Bouligny,  Josiah  S. 
Johnston. 

Indiana — William  Hendricks,  James  Noble. 

Mississippi- Powhatan  Ellis,  Thomas  II.  Wil- 
liams. 

Illinois— Elias  K,  Kane.  Jesse  B.  Thomas. 

Alabama— John  McKinley,  William  R.  King. 

Missouri— David  Barton,  Thomas  II.  Benton. 

UOUSE  OF  EEPBESEIJTATIVES. 

Maine— John  Anderson,  Samuel  Butman, 
Rufus  M'Intire,  Jeremiah  O'Brien,  James  W. 
Ripley,  Peleg  Sprague  Joseph  F.  Wingate— 7. 

New  Hampshire— Ichabod  Bartlett,  David 


V!i' 


'-*l^ 


94 


THIRTY  YEARS'  VIEW. 


;'^r 


.  ,1^ 


i    i- 


■|       ;t 


.      If 


m 


Barker,  jr.,  Titris  Brown,  Joseph  Ilcalcy,  Jona- 
than Harvey,  Thomas  Whiiiple,  jr. — 0. 

MAssAcin'SF.TTs — Samucl  C.  Allen,  John  Bai- 
ley, Issac  C.  Bates,  B.  W.  Crowninshield,  John 
Davis,  Henry  W.  Dwigiit,  Edward  Everett, 
Benjamin  Gorham,  James  L.  Hodges,  John 
Locke,  John  Reed,  Joseph  Richardson,  John 
Vamum — 15. 

Rhode  Island — Tristam  Burges,  Dutee  J. 
Pearce — 2 

Connecticut — John  Baldwin.  Noyes  Barber, 
Ralph  J.  Ingersoll,  Orange  Merwin,  Elisha 
Phelps,  David  Plant— 6. 

Vermont — Daniel  A.  A.  Buck,  Jonathan 
Hunt,  Rolin  C.  Mallary,  Benjamin  Swift,  George 
E.  Wales— 5. 

New-York — Daniel  D.  Barnard,  George  0. 
Beldcn,  Rudolph  Bunner,  C.  C.  Cambreleng, 
Samuel  Chase,  John  C.  Clark,  John  D.  Dickin- 
son, Jonas  Earll,  jr.,  Daniel  G.  Garnsey,  Na- 
thaniel G  arrow,  John  I.  De  GraffJ  John  HAllock. 
jr.,  Selah  R.  Hobhie,  Michael  Hoffman,  Jeromus 
Johnson,  Richard  Keese,  Henry  Markell,  H.  C. 
Martindale,  Dudley  Marvin,  John  Magce,  John 
Maynard,  Thomas  J.  Oakley,  S.  Van  Rensselaer, 
Henry  R.  Storrs.  James  Strong,  John  G.  Stowcr, 
Phineas  L.  Tracy,  John  W.  Taylor,  G.  C.  Ver- 
planck,  Aaron  Ward,  John  J.  Wood,  Silas  Wood, 
David  Woodcock,  Silas  Wright,  jr. — 34. 

New  Jersev — Lewis  Condict,  George  Hol- 
combe,  Isaac  Pierson,  Samuel  Swan,  Edge 
Thompson,  Ebcnezer  Tucker — G 

Pknxsvlvania — William  Addams,  Samuel 
Anderson,  Stephen  Barlow,  James  Buchanan, 
Richard  Coulter,  Chauncey  Forward,  Joseph  Fry, 
jr.,  Innes  Green.  Samuel  D.  Ingham,  George 
Krenier,  Adam  King,  Joseph  Lawrence,  Daniel 
H.  Miller,  Charles  Miner,  John  Mitchell,  Samuel 
M'Kean,  Robert  Orr,  jr.,  \Villiam  Ramsay,  John 
Sergeant,  James  S.  Stevenson,  John  B.  Sterigere, 
Andrew  Stewart.  Joel  B.  Sutherland,  Espy  Van 
Hoin,  James  Wilson,  George  Wolf — 2G. 

Delaware — Kensy  Johns,  jr. — 1. 

Maryland — John  Barney,  Clement  Dorsey, 
Levin  Gale,  John  Leeds  Kerr,  Peter  Little, 
Micliael  C.  oprigg,  G.  C.  Washington,  John  C. 
Weems,  Ephraim  K.  Wilson — 9. 

Virginia — Mark  Alexander,  Robert  Allen, 
Wm.  S.  Archer,Wm.  Armstrong,  jr.,  JohnS.  Bar- 
bour, Philip  P.  Barbour,  Burwell  Bassett,  N.  II. 
Claiborne,  Thomas  Davenport,  John  Floyd,  Isaac 
liCtHer,  Lewis  Maxwell,  Charles  F.  Mercer, 
William  M'Coy,  Thomas  Newton,  John  Ran- 
dolph, William  C.  Rives,  John  Roane,  Alexan- 
der Sm3'th,  A  Stevenson,  John  Talliafurro,  James 
Trezvant— 22. 

North  Carolina — Willis  Alston,  Daniel  L. 
Barringer,  John  II.  Bryan,  Samuel  P.  C«  — 
Henry  W.  Conner,  John  Culpeper,  Thomas  II. 
Hal],  Gabriel  Holmes,  John  Long,  Lemuel  Saw- 
3'er,  A.  H.  Shepperd,  Daniel  Turner,  Lewis  Wil- 
liams— 13. 

South  Carolina— .John  Carter,  Warren  R. 
Davis,  William  Drayton,  James  Hamilton,  jr., 
George  M'Duffie,  William  D.  Martin,  Thomas 


R.  Mitchell,  Wm.  T.  Nuckolls,  Starling  Tucker 
—9. 

Georgia — John  Floyd,  Tomlinson  Fort 
Charles  E.  Haynes,  George  R.  Gilmer,  Wilson 
Lumpkin,  Wiley  Thompson.Richard  H.  Wilde 7. 

Kentucky — Richard  A.  Buckner,  James  Clark 
Henry  Daniel,  Joseph  Lecompte,  Robert  P.' 
Letcher,  Chittenden  Lyon,  Thomas  Metcalfe 
Robert  M'Hatton,  Thomas  P.  Moore,  Charles  A.' 
Wickliffe,  Joel  Yancey,  Thomas  Chilton — 12. 

Tennessee — John  Bell,  John  Blair,  David 
Crockett,  Robert  Desha,  Jacob  C.  Isacks,  Pryor 
Lea,  John  H.  Marable,  James  C.  Mitchell,  James 
K.  Polk— 9. 

Ohio — Mordecai  Bartley,  Philemon  Bcechcr 
William  Creighton,  jr.,  John  Davenport,  James 
Findlay,  Wm.  M'Lean,  William  Russell.  Jolm 
Sloane,  William  Stanberry,  Joseph  Vance,  Samuel 
F.  Vinton,  Elisha  Whittlesey,  John  AVoods,  John 
C,  Wright— 14. 

Louisiana — William  L,  Brent,  Henry  II. 
Gurley,  Edward  Livingston — 3. 

Indiana — Thomas  H.  Blake,  Jonathan  Jen- 
nings, Oliver  H.  Smith— 3. 

Mississippi — William  Haile — 1, 

Illinois — Joseph  Duncan — 1. 

Alabama — Gabriel  Moore,  John  M'Kee 
George  W.  Owen — 3.  ' 

Missouri — Edward  Bates — 1. 

delegates. 

Arkansas  Territory — A.  H.  Sevier. 
Michigan  Territory — Austin  E.  Wing. 
Florida  Territory— Joseph  M.  White. 

This  list  of  members  presents  an  immenso 
array  of  talent,  and  especially  of  business  talent; 
and  in  its  long  succession  of  respectable  names 
many  will  be  noted  as  having  attained  nationiil 
reputations — others  destined  to  attain  that  dis- 
tinction— while  many  more,  in  the  first  class  of 
useful  and  respectable  members,  remained  without 
national  renown  for  want  of  that  faculty  which 
nature  seems  most  capriciously  to  have  scattered 
among  the  children  of  men — the  faculty  of  fluent 
and  copious  speech  ; — giving  it  to  soiiie  of  great 
judgment — denying  it  to  others  of  equal,  or  still 
greater  judgment — and  lavishing  it  upon  some 
of  no  judgment  at  all.  The  national  eyes  are 
fixed  upon  the  first  of  these  classes — the  men 
of  judgment  and  copious  speech ;  and  even  those 
in  the  third  class  obtain  national  notoriety ;  while 
the  men  in  the  second  class — the  men  of  judg- 
ment and  few  words — a'c  extremely  valued  and 
respected  in  the  bodies  to  which  they  belong, 
and  have  great  weight  in  the  conduct  of  business. 
They  are,  in  fact,  the  business  men,  often  more 
practical  and  efficient  than  the  great  orators. 
This  twentieth  Congress,  as  all  others  that  havo 


been,  contained 
useful  and  rcspc( 
the  pleasant  tas 
justice  which  th 
for  themselves. 


CHAI 

KEVIS 

The  tariff  of  li 

being  the  event 

"nuHification'"  t 

a  serious  divisioi 

the  South.     It  V 

manufacturers ; 

benefit  of  the  w 

chiefly  designed 

facturing  indust 

the  kind,  it  requ: 

get  itself  along ; 

obtained  by  adi 

benefits  of  the  \ 

special  benefit,  i 

particular  interc 

with  including  i 

at  least  as  man 

the  strength  neo 

tions  of  diflerei 

were  favored  bj 

imports;  as  leai 

hemp  of  Kentui 

to  the  object  of 

necessitated  to  v 

tucky,  well  exp 

this  respect,  in  si 

which  he  made, 

'•  He  was  not 
of  revenue,  hone 
purposes  of  rev 
friendly  to  a  tai 
perverted  by  tin 
and  the  secret  ir 
purposes  of  indi' 
he  could  not  be 
names,  or  terini 
his  individual  si 

"  It  is  in  vain 
called  the  Amer 
tilings.    There 
that  is  delineate 


M'Kee, 


ANNO  1828.    JOHN  QUINCY  ADAMS,  PRESIDENT. 


95 


been,  contained  a  large  proportion  of  these  most 
useful  and  respectable  members ;  and  it  will  be 
the  pleasant  task  of  this  work  to  do  them  the 
justice  which  their  modest  merit  would  not  do 
for  themselves. 


CHAPTER    XXXIV. 

REVISION  OF  THE  TARIFF. 

The  tariff  of  1828  is  an  era  in  our  legislation, 
being  the  event  from  which  the  doctrine  of 
"nullification''  takes  its  origin,  and  from  which 
a  serious  division  dates  between  the  North  and 
the  South.  It  was  the  work  of  politicians  and 
manufiicturers ;  and  was  commenced  for  the 
benefit  of  the  woollen  interest,  and  upon  a  bill 
chiefly  designed  to  favor  that  branch  of  manu- 
facturing industry.  But,  like  all  other  bills  of 
the  kind,  it  required  help  from  other  interests  to 
get  itself  along ;  and  that  help  was  only  to  be 
obtained  by  admitting  other  interests  into  the 
benefits  of  the  bill.  And  so,  what  began  as  a 
special  benefit,  intended  for  the  advantage  of  a 
pairticular  interest,  became  general,  and  ended 
with  including  all  manufacturing  interests — or 
at  least  as  many  as  were  necessary  to  make  up 
tiie  strength  necessary  to  carry  it.  The  produc- 
tions of  diflercnt  States,  chiefly  in  the  West, 
were  favored  by  additional  duties  on  their  rival 
imports ;  as  lead  in  Missouri  and  Illinois,  and 
hemp  of  Kentucky ;  and  thus,  though  opposed 
to  the  object  of  the  bill,  many  members  were 
necessitated  to  vote  for  it.  Mr.  Rowan,  of  Ken- 
tucky, well  exposed  the  condition  of  others  in 
this  respect,  in  .showing  his  own  in  some  remarks 
which  he  made,  and  in  which  he  said : 

'•  lie  was  not  opposed  to  the  tariff"  as  a  system 
of  revenue,  honestly  devoted  to  the  objects  and 
purposes  of  revenue — on  the  contrary,  ho  was 
friendly  to  a  tariff  of  that  character ;  but  when 
perverted  by  the  ambition  of  political  aspirants, 
and  tlic  secret  influence  of  inordinate  cupidity,  to 
purposes  of  individual,  and  sectional  ascendency, 
he  could  not  be  seduced  by  the  captivation  of 
names,  or  tenn.s.  however  attractive,  to  lend  it 
his  individual  support. 

"  It  is  in  vain,  Mr.  President,  said  he,  that  it  is 
called  the  American  System — names  do  not  alter 
things.  There  is  but  one  American  System,  and 
that  is  delineated  in  the  State  and  Federal  congti- 


tutions.  It  is  the  system  of  equal  rights  and 
privileges  secured  by  the  representative  principle 
— a  system,  which,  instead  of  subjecting  the  pro- 
ceeds of  the  labor  of  some  to  taxation,  in  the 
view  to  enrich  others,  secures  to  all  the  proceeds 
of  their  labor — exempts  all  from  taxation,  ex- 
cept for  the  support  of  the  protecting  power  of 
the  government.  As  a  tax  necessary  to  the  sup- 
port of  the  government,  he  would  support  it — 
call  it  by  what  name  you  please ; — as  a  tax  for 
any  other  purpor>e,  and  especially  for  the  purpcsea 
to  which  he  had  alluded — it  had  his  individual 
reprobation,  under  whatever  name  it  might  as- 
sume. 

"  It  might,  ho  observed,  be  inferred  from  what 
he  had  said,  that  he  would  vote  against  the  bill. 
He  did  not  wish  any  doubts  to  be  entertained  as 
to  the  vote  he  should  give  upon  this  measure,  or 
the  rea.sons  which  would  influence  him  to  give 
it.  He  was  not  at  liberty  to  substitute  his  in- 
dividual opinion  for  that  of  his  State.  He  was 
one  of  the  organs  here,  of  a  State,  that  had,  by  the 
tariff  of  1824,  been  chained  to  the  car  of  the  East- 
ern manufacturers — a  State  that  had  been  from 
that  time,  and  was  now  groaning  under  the  press- 
ure of  that  unequal  and  unjust  measure — a 
measure  from  the  pressure  of  which,  owing  to 
the  prevailing  illusion  throughout  the  United 
States,  she  saw  no  hope  of  escape,  by  a  speedy 
return  to  correct  principles ; — and  seeing  no  hope 
of  escaping  from  the  ills  of  the  system,  she  is  con- 
strained, on  principles  of  self-defence,  to  avail 
her.self  of  the  mitigation  which  this  bill  presents, 
in  the  duties  which  it  imposes  upon  foreign  hemp, 
spirits,  iron,  .and  molasses.  The  hemp,  iron,  and 
di.stilled  spirits  of  the  West,  will,  like  the  woollens 
of  the  Eastern  States,  he  encouraged  to  the  extent 
of  the  tax  indirectly  impcsed  by  this  bill,  iipon 
those  who  shall  buy  and  consume  them.  Those 
who  may  need,  and  buy  tho-se  articles,  must  pay 
to  the  grower,  or  manuflicturer  of  them,  an  in- 
creased price  to  the  amount  of  the  duties  imposed 
upon  the  like  articles  of  foreign  growth  or  fabric. 
To  this  tax  upon  the  labor  of  the  consumer,  his 
individual  opinion  was  opposed,  lint,  as  the 
organ  of  the  State  of  Kentucky,  he  felt  himself 
bound  to  surrender  his  individual  opinion,  and 
express  the  opinion  of  his  State.  '" 

Thus,  this  tariff  bill,  like  every  one  admitting 
a  variety  of  items,  contains  a  vicious  princii)le,  by 
which  a  majority  may  be  made  up  to  pass  a 
measure  which  Jiey  do  not  approve.  Hut  be- 
sides variety  of  agricultural  and  manufacturing 
items  collected  into  this  bill,  there  was  another 
of  very  different  import  admitted  into  it,  namely, 
that  of  party  politics.  A  presidential  election 
was  approaching:  General  Jackson  and  jMr. 
Adams  were  the  candidates — the  latter  in  favor 
of  the  "American  System" — of  which  Mr.  Clay 
(his  Secretary  of  State)  was  the  champion,  and 
indissolubly  connected  with  him  in  the  public 


I       <i 


»M 


5  ; 


n 


96 


THIRTY  y7<lA.RS'  VIEW. 


t'  i 


■0i 


71  :^ 


;j;|(  i 


mind  in  the  issue  of  the  election.  This  t  if 
was  made  an  administration  measure,  and  jc- 
came  an  issue  in  the  canvass  ;  and  to  this  Mi-. 
Rowan  significantly  alluded  when  he  spoke  of  a 
turilf  as  being  ''  perverted  by  the  ambition  of 
political  aspirants."  It  was  in  vain  that  the 
n)anufacturers  were  warned  not  to  mix  their  in- 
terests with  the  doubtful  game  of  politics.  They 
yielded  to  the  temptation — yielded  as  a  class, 
though  with  individual  exceptions — for  the  sake 
of  the  temporary  benefit,  without  seeming  to  re- 
alize the  danger  of  connecting  their  interests 
with  the  fortunes  of  a  political  partj'.  This 
tariff  of  '28,  besides  being  remarkable  for  giving 
birth  to  ■•  nullification,"  and  heart-burning  be- 
t'.veen  the  North  and  the  South,  was  also  rc- 
niarkaljle  for  a  change  of  policy  in  the  New 
England  States,  in  relation  to  the  protective 
sj'stem.  Being  strongly  commercial,  these  States 
had  hitherto  favored  free  trade  ;  and  Mr.  Web- 
ster was  the  champion  of  that  trade  up  to  1824. 
At  this  session  a  majority  of  those  States,  and 
especially  those  which  classed  politically  with 
JNIr.  Adams  and  j\Ir.  Clay,  changed  their  policy : 
and  Webster  became  a  champion  of  the  protec- 
tive system.  The  cause  of  this  change,  as  then 
alleged,  was  the  fact  that  the  protective  system 
had  become  the  established  policy  of  the  govern- 
ment, and  that  these  States  had  adapted  their  i 
industry  to  it ;  though  it  was  insisted,  on  the  | 
other  hand,  that  political  calculation  had  more  j 
to  do  with  the  change  than  federal  legislation :  i 
and,  in  fact,  the  question  of  this  protection  was 
one  of  those  which  lay  at  the  foundation  of  par- 
ties, and  was  advocated  by  General  Hamilton  in 
one  of  his  celebrated  reports  of  fifty  years  ago. 
But  on  tliis  point  it  is  right  that  New  England 
should  speak  for  herself,  which  she  did  at  the  time 
of  the  discussion  of  the  tariff  in  '28  ;  and  through 
the  member,  now  a  senator  (Mr.  Webster),  who 
typified  in  his  own  person  the  change  which  his 
section  of  the  Union  had  undergone.    He  said : 

"New  England,  sir,  has  not  been  a  leader  in 
this  policy.  On  the  contrary,  she  held  back,  her- 
self, and  tried  to  hold  others  back  from  it,  from 
the  adoption  of  the  constitution  to  1824.  Up  to 
1824,  she  was  accused  of  sinister  and  selfish  de- 
signs, because  she  discountenanced  the  progress 
of  this  policy.  It  was  laid  to  her  charge,  then. 
that  having  established  her  manufactures  herself, 
she  wished  that  others  should  not  have  the  power 
of  rivalling  her;  and,  for  that  reason,  opposed  all 
legislative  encouragement.  Under  this  angry 
denunciation  against  her,  the  act  of  1824  passed. 


Now  the  imputation  is  precisely  of  an  opposite 
character.  The  present  measure  in  pronounced 
to  be  exclusively  for  the  benefit  of  New  England  • 
to  bo  brought  forward  by  her  agency,  and  de- 
signed to  gratify  the  cupidity  of  her  wealthy  es- 
tablishments. 

"Both  charges,  sir,  are  equally  without  the 
slightest  foundation.  The  opinion  of  New  Eivr- 
land,  up  to  1824,  was  founded  in  the  conviction 
that,  on  the  whole,  it  was  wisest  and  best,  both 
for  herself  and  others,  that  manufacturers  should 
make  haste  slowl}'.  She  felt  a  reluctance  to  trust 
great  interests  on  the  foundation  of  government 
patronage ;  for  M'ho  could  tell  how  long  such 
patronage  would  last,  or  with  what  steadiness, 
skill;  or  perseverance,  it  would  continue  to  be 
granted?  It  is  now  nearly  fifteen  years,  since, 
among  the  first  things  which  I  ever  ventured  to 
say  here,  was  the  expression  of  a  .serious  doubt, 
whether  this  government  was  fitted  by  its  con- 
struction, to  administer  aid  and  protection  to 
particular  pursuits ;  whether,  having  called  such 
pursuits  into  being  by  indications  of  its  fjuor.  it 
would  not,  afterwards,  desert  them,  when  tronhles 
come  upon  tiiem ;  and  leave  them  to  their  fate. 
Whether  this  prediction,  the  result,  certainly,  of 
chance,  and  not  of  sagacity,  will  so  soon  be  ful- 
filled, remains  to  be  seen. 

'•  At  the  same  time  it  is  true,  that  from  the 
very  first  commencement  of  the  government, 
those  who  have  administered  its  concerns  have 
held  a  tone  of  encouragement  and  invitation  to- 
wards those  who  should  embark  in  manufactures. 
All  the  Presidents.  I  believe,  without  exception. 
have  concurred  in  this  general  sentiment ;  and 
the  very  first  act  of  Congress,  laying  duties  of  im- 
post, adopted  the  then  unusual  expedient  of  a 
preamble,  apparently  for  little  other  purpose  than 
that  of  declaring,  that  the  duties,  which  it  impos- 
ed, were  imposed  for  the  encouragement  and  pro- 
tection of  manufjictures.  AVhen,  at  the  com- 
mencement of  the  late  war.  duties  were  doubled. 
we  were  told  that  wo  .should  find  a  mitigation  of 
the  weight  of  taxation  in  the  new  aid  and  suc- 
cor which  would  be  thus  afforded  to  our  own 
manufacturing  labor.  Like  arguments  wcio 
urged,  and  prevailed,  but  not  by  the  aid  of  Nlw 
England  votes,  when  the  tariff  was  afteiwaids 
arranged  at  the  close  of  the  war,  in  181(i.  Fi- 
nally, after  a  whole  winter's  deliberation,  the  act 
of  1824  received  the  sanction  of  both  Houses  of 
Congress,  and  settled  the  jjolicy  of  the  coiuitry. 
What,  then,  was  New  England  to  do?  She  wa.s 
fitted  for  manufacturing  operations,  by  tlie 
amount  and  character  of  her  population,  b}'  her 
capital,  by  the  vigor  and  energy  of  her  free  lalior, 
by  the  skill,  economy,  enterprise,  and  persever- 
ance of  her  people.  I  repeat,  what  was  she.  un- 
der these  circumstances,  to  do?  A  great  and 
prosperous  rival  in  her  near  neighborhood,  threat- 
ening to  draw  from  her  a  part,  perhaps  a  ^nat 
part,  of  her  foreign  commerce ;  was  she  to  n.-e, 
or  to  neglect,  those  other  means  of  .seeking  licr 
own  prosperity  which  belonged  to  her  character 
and  her  condition  ?    Was  she  to  hold  out,  for- 


ever, against  the 
see  herself  losing 
efforts  to  sustain 
Nothing  was  left 
of  1824,  but  to 
others.  Nothing 
that  the  governi 
its  own  policy  ;  a 

The  question  ( 
not  only  become 
early  years  of  th( 
so.  The  tariff  bil 
that  were  passec 
that  they  were  fo 
factures,  as  well 
then  the  duties 
such  as  a  revenue 
there  were  no  "  7n 
sis  for  the  calcu 
that  all  which  co 
should  be  countc 
and  be  rated  at  t 
lu  this  early  peri 
as  ready  as  any  pa 
the  protection  to 
from  the  impositio 
imported  articles, 
ourselves  in  time 
statesmen  were  am 
of  Congress  in  pro 
IS  181(5,  some  of  he 
of  protection,  not  n 
inie,  but  as  a  sul 
these  was  Mr.  Call 
even  advocated  th 
for  the  first  time  in 
upon  his  motion- 
goods  imported. 
tariff  bills  took  a  s( 
States,  with  the  ex 
her  sugar-planting 
New  England  Sta 
Middle  and  Westei 
1824  the  New  Eng! 
the  greatest  portion 
classed  with  the  pi 
South  alone,  as  a 
My  per.'-onal  posi 
many  others  in  the 
opposed  to  the  polic 
count  of  the  Jntercsl 
tionof  .some  of  its  p 
ilitional  duty  upon 

Vol.  1.-7 


ANNO  1828.    JOHN  QUINCY  ADAMS,  TRESIDENT. 


97 


from  the 

'rnment, 

•ns  have 

ation  to- 

[factnvcs. 

xccption, 

nt ;  and 

of  iiii- 

nt  of  a 

loso  than 

iinpos- 

anil  j)Vo- 

coni- 

oiilik'd. 

ition  of 

and  siio- 

)ur  own 

Wtlli 

of  Klw 
rwards 
10.    Fi- 

tho  act 
USt'S  of 
onntvy. 
She  was 

by  the 
In'   Ir'I' 

elalior, 
C'l'si'vcr- 
she,  uiv 
eat  and 

thrcat- 

a  jii-i'at 

to  >l.-{'. 

in;^  luT 
haractor 
out,  for- 


ever, against  the  course  of  the  government,  and 
SCO  herself  losing,  on  one  side,  and  yet  making  no 
efforts  to  sustain  herself  on  the  other  ?  No,  sir. 
Nothing  was  left  to  New  England,  after  the  act 
of  1824,  but  to  conform  herself  to  the  will  of 
others.  Nothing  was  left  to  her,  but  to  consider 
that  the  government  had  fixed  and  determined 
its  own  policy  ;  and  that  policy  was  protection. " 

The  question  of  a  protective  tariff  had  now 
not  only  become  political,  but  sectional.    In  the 
early  years  of  the  federal  government  it  was  not 
so.    The  tariff  bills,  as  the  first  and  the  second 
that  were  passed,  declared  in  their  preambles 
that  they  were  for  the  encouragement  of  manu- 
factures, as  well  as  for  raising  revenue;   but 
then  the  duties  imposed  were  all  moderate — 
such  as  a  revenue  system  really  required ;  and 
there  were  no  "  minimums"  to  make  a  false  ba- 
sis for  the  calculation  of  duties,  by  enacting 
that  all  which  cost  less  than  a  certain  amount 
should  be  counted  to  have  cost  that  amount ; 
and  be  rated  at  the  custom-house  accordingly, 
lu  this  early  period  the  Southern  States  were 
as  ready  as  any  part  of  the  Union  in  extending 
the  protection  to  home  industry  which  resulted 
from  the  imposition  of  revenue  duties  on  rival 
imported  articles,  and  on  articles  necessary  to 
ourselves  in  time  of  war;   and  some  of  her 
statesmen  were  amongst  the  foremost  members 
of  Congress  in  promoting  that  policy.    As  late 
IS  ISlf),  some  of  her  statesmen  were  still  in  favor 
of  protection,  not  merely  as  an  incident  to  reve- 
nue, but  as  a  substantive   object :   and  among 
these  was  Mr.  Calhoun,  of  South  Carolina — who 
even  advocated  the  minimum  provision — then 
for  the  first  time  introduced  into  a  tariff  bill,  and 
upon  his  motion — and    applied  to  the  cotton 
goods  imported.    After  that  year  (181G)  the 
tariff  bills  took  a  sectional  aspect — the  Southern 
States,  with  the  exception  of  Louisiana  (led  by 
her  sugar-planting  interest),  against  them :  the 
New  England  States  also  against  them:   the 
Middle  and  Western  States  for  them.      After 
1824  the  New  England  States  (alw-ays  meaning 
the  greatest  portion  when  a  section  is  spoken  of) 
classed  with  the  protective  States^leaving  the 
South  alone,  as  a  section,  against  that  policy. 
My  personal    position    was    that    of   a  great 
many  others  in  the  three  protective  sections — 
opposed  to  the  policy,  but  going  with  it,  on  ac- 
count of  the  interest  of  the  State  in  the  protec- 
tion of  some  of  its  productions.    I  moved  an  ad- 
Jitional  duty  upon  lead,  eqnal  to  one  hundred 

Vol.  1.— 7 


per  centum;  and  it  was  carried.  I  moved  a 
duty  upon  indigo,  a  former  staple  of  the  South, 
but  now  decline<l  to  a  slight  production ;  and  I 
proposed  a  rate  of  duty  in  harmony  with  the 
protective  features  of  the  bill.  No  southern 
member  would  move  that  duty,  because  ho  op- 
posed the  principle :  I  moved  it,  that  the  "Amer- 
ican System,"  as  it  wa.s  called,  should  work 
alike  in  all  parts  of  our  America.  I  supported 
the  motion  with  some  reasons,  and  some  views 
of  the  former  cultivation  of  that  plant  in  the 
Southern  States,  and  its  present  decline,  thus : 

•'  Jlr.  Benton  then  proposed  an  amendment,  to 
impose  a  duty  of  25  cents  per  pound  on  imported 
indigo,  with  a  progressive  increase  at  the  rate  of 
25  cents  per  pound  per  annum,  until  the  whole 
duty  amounted  to  $1  per  pound.  He  stated  his 
object  to  be  two-fold  in  proposing  this  duty,  first, 
to  place  the  American  System  beyond  the  reach 
of  its  enemies,  by  procuring  a  home  supply  of  an 
article  indispensable  to  its  existence ;  and  next, 
to  benefit  the  South  by  reviving  the  cultivation 
of  one  of  its  ancient  and  valuable  staples. 

Indigo  was  first  planted  in  the  Carolinas  and 
Georgia  about  the  year  1740,  and  succeeded  so 
well  as  to  command  the  attention  of  the  British 
manufacturers  and  the  British  parliament.     An 
act  was  passed  for  the  encouiagemcnt  of  its  pro- 
duction in  tl\ese  colonics,  in  the  reign  of  George 
the  Second ;  the  preamble  to  which  Mr.  B.  read, 
and  rccoininended  to  the  consideration  of  the 
Senate.     It  recited  that  a  regular,  ample,  and 
certain  supply  of  in<ligo  was  indispensable  to  the 
success   of  British  manufacturers ;   that  these' 
manufivcturers  were  then  dependent  upon  foreign- 
ers for  a  supply  of  this  article ;  and  that  it  was- 
the  dictate  of  a  wise  policy  to  encourage  the  pro- 
duction of  it  at  home.     The  act  then  went  on  to 
direct  that  a  premium  of  sixpence  sterling  should, 
be  paid  out  of  the  British  treasury  for  every 
pound  of  indigo   imported   into   Great  Britain,, 
from  the  Carolinas  and  Georgia.    Under  the  fos- 
tering influence  of  this  bounty,  said  Mr.  B.,  thC' 
cultivation  of  indigo  became  great  and  extensive.. 
In  six  years  after  the  passage  of  the  act,  the  ex- 
port was  217,000  lbs.  and  at  the  breaking  out  of 
the  Revolution  it  amounted  to  1,100,000  lbs.  The- 
Southern  colonics  became  rich  upon  it ;  for  the- 
cultivation  of  cotton  was  then  unknown  ;  rice  and 
indigo  were  the  staples  of  the  South.     After  the- 
Ilevolution,  and  especiallj'  after  the  great  territo- 
rial ac()uisitions  which  the  British  made  in  India, 
the  cultivation  of  American  indigo  declined.  The 
pieiiiium  was  no  longer  paid;  and  the  British, 
government,  actuated  by    the  same  wi.se  policy 
which  made  them  look  for  a  home  supply  of  this, 
article  from  the  Car()lina,s,  whenihey  were  a  part, 
of  the  British  ])os.<essions,  now  looked  to  India 
for  the  same  rea,«on.    The  export  of  American 
indigo  rapidly  declined.     In  1800  it  had  fallen  to 
400,000  lbs. ;  in  1814  to  40,000  lbs, ;  and  in  tha, 


ill;,  ill 


mm 


zsxJ.TZi7n>^<^j*m<:vn^ 


98 


THIRTY  YEARS'  VIEW. 


fi    !  ;: 


j'cars  to  (1  or  8.000  llis.     In  the  incnn 
inaimfiictoiies  were  {irowing  up ;  and 


if  I 


.',s   i 


■V:l 


i'-,! 

•    3-  - 


last  few 
time  our 

having  no  siipjily  (if  indijio  at  home,  they  had  to 
import  from  aliroad.  In  1820  thi.s  importation 
amounted  to  l.l.'ifl.OOO  llis..  costinf?  a  fraction  less 
than  two  millions  of  dollars,  and  had  to  be  paid 
for  almost  entirely  in  ready  money,  as  it  was 
chiefly  obtained  fiotn  i)lares  where  American  pro- 
duce was  in  no  demand.  Upon  this  state  of 
facts.  Mr.  B.  conceived  it  to  he  the  part  of  a  wise 
and  prudent  policy  to  follow  the  example  of  the 
British  parliament  in  the  reign  of  George  II.  and 
provide  a  home  supply  of  this  indispensable  ar- 
ticle. Our  manufacturers  now  paid  a  high  price 
for  fine  indigo,  no  less  than  .*i!2  50  per  pound,  as 
testified  by  one  of  themselves  before  the  Com- 
mittee on  Mamifactures  raised  in  the  House  of 
liepresentatives.  1'ho  duty  which  lie  proposed 
was  only  40  per  cent,  upon  that  value,  and  would 
not  even  reach  that  rate  for  four  years.  It  was 
less  than  one  half  the  duty  which  the  same  bill 
j)ro))osed  to  lay  instanter  upon  the  very  cloth 
which  this  indigo  was  intended  to  dye.  In  the 
end  it  would  make  all  indigo  come  cheaper  to  the 
manufacturer,  as  the  home  supply  would  .soon  be 
equal,  if  not  superior  to  the  demand;  and  in  the 
mean  time,  it  could  not  bo  considered  a  tax  on 
tl'.e  manufacturer,  as  he  would  levy  the  advance 
which  he  ha<l  to  paj',  with  a  good  interest,  upon 
the  wearer  of  the  cloth. 

'•  Mr.  15.  then  went  into  an  exposition  of  the 
reasons  for  encouraging  the  home  production  of 
indigo,  an<l  showed  that  the  life  of  the  American 
System  dejiended  upon  it.  Neither  cotton  nor 
woollen  manufhctiu'es  could  be  carried  on  with- 
out indigo.  The  consumption  of  that  article  was 
prodigious.  Even  now,  in  the  infant  state  of  our 
iniinufactories,  the  importation  was  worth  two 
millions  of  dollars:  and  must  soon  be  worth 
double  or  treble  that  sum.  For  this  great  .sup- 
ply of  an  indispensable  article,  we  were  chieflj- 
indebted  to  the  jealous  rival,  an  i  vigilant 
enemy,  of  these  very  manufactures,  to  Great  Bri- 
tain herself  Of  the  1.150,000  Ib.s.  of  indigo  im- 
ported, we  bring  (120,000  lbs.  from  the  British 
Ka.st  Indies ;  which  one  word  from  the  Briti.sh 
government  would  stop  for  ever ;  we  bring  the 
further  quantity  of  120,000  Ib.s.  from  Manilla,  a 
Spanish  pos.session,  which  Briti.sh  influence  and 
diplomacy  could  immediately  stop :  and  the  re- 
roaiuder  came  from  different  parts  of  South  Anic- 
rira,  and  might  be  taken  from  us  by  the  arts  of 
diplomac}^,  or  by  a  monopoly  of  the  whole  on  the 
part  of  our  rival.  A  stoppage  of  a  sujiply  of  in- 
digo for  one  j^ear,  would  prostrate  all  our  manu- 
factories, and  give  them  a  blow  from  which  they 
would  not  recover  in  many  jiears.  Great  Britain 
could  effect  this  stoppage  to  the  amount  of  three 
fourths  of  the  whole  quantity  by  speaking  a  sin- 
gle word,  and  of  the  remainder  by  a  slight  exer- 
tion of  policy,  or  the  expenditure  of  a  sum  sufli- 
cient  to  monopolize  for  one  year,  the  purchase  of 
what  South  A.iierica  sent  into  the  market. 

"  Mr.  B.  said  he  expected  a  unanimous  vote 
in  favor  of  his  amendment.    The  North  should 


vote  for  it  to  .secure  the  life  of  the  American  Sys- 
tem ;  to  givi!  a  jiroof  of  their  regard  for  the  South- 
to  show  that  the  country  south  of  the  Potomac 
is  included  in  the  bill  for  some  other  pnrpo.se  be- 
sides that  of  ojipression.  The  South  itself,  al- 
though oppo.sed  to  the  further  increase  of  duties, 
should  vote  for  this  duty ;  that  the  bill,  if  it 
pas.scs,  may  contain  one  provision  favorable  to  its 
interests.  The  AVcst  should  vote  for  it  through 
gratitude  for  fifty  years  of  guardian  protection 
irenerous  defence,  and  kind  as.sistancc,  which  the 
South  had  given  it  under  all  its  trials ;  and  for 
the  purpo.se  of  enlarging  the  market,  increasing 
the  demand  in  the  South  and  its  ability  to  pur- 
chase the  horses,  mules,  and  provisions  which  the 
\Vest  can  sell  nowhere  else.  For  him.self  he  had 
person.al  reasons  for  wishing  to  do  this  little  ju.s- 
tice  to  the  South.  lie  was  a  native  of  one  of 
these  States  (X.  Carolina) — the  bones  of  his  fa- 
ther and  his  grandfathers  rested  there.  Her 
Senators  and  Representatives  were  his  early  and 
his  hereditary  friends.  The  venerable  Senator 
before  him  (Mr.  Macon)  had  been  the  friend  of 
him  and  his,  through  four  generations  in  a 
straight  line ;  the  other  Senator  (Mr.  Branch) 
was  his  schoolfellow :  the  other  branch  of  the 
legislature,  the  House  of  Representatives,  also 
showed  him  in  tho  North  Carolina  delegation, 
the  friends  of  him  and  his  through  successive 
generations.  Nor  was  this  all.  Ho  felt  for  the 
sad  changes  which  had  taken  place  in  the  South 
in  the  la.st  fifty  years.  Before  the  Revolution  it 
was  the  scat  of  wealth  as  well  as  of  hospitality. 
Money,  and  all  that  it  commanded,  abounded 
there.     But  how  now  ?     All  this  is  reversed. 

'•  AVealth  has  fled  from  the  South,  and  settled 
in  the  regions  north  of  the  Potomac,  and  this  in 
the  midst  of  the  fact  that  the  South,  in  four  staples 
alone,  in  cotton,  tobacco,  rice  and  indigo  (while 
indigo  was  one  of  its  staples),  had  exported  pro- 
duce since  the  llevolution,  to  tho  value  of  eight 
hundred  million  of  dollars,  and  the  North  had 
exported  comparatively  nothing,  ""his  sum  was 
prodigiou.s ;  it  was  nearly  equal  to  half  the  coin- 
age of  the  mint  of  Jlcxico  since  the  conquest  by 
Cortez.  It  was  twice  or  thrice  the  amount  of 
the  product  of  the  three  thou.sand  gold  and  silver 
mines  of  Slexico,  for  the  same  period  of  fifty 
years.  Such  an  export  would  indicate  unparal- 
leled wealth  ;  but  what  was  the  fact  ?  In  place 
of  wealth,  a  universal  pressure  for  money  was 
felt ;  not  enough  for  current  expenses ;  the  price 
of  all  property  down  ;  the  countrj'  drooping  and 
1  mgui.shing ;  towns  and  cities  decaying  ;  and  the 
frugal  habits  of  the  people  pushed  to  the  verge 
of  universal  self-denial,  for  the  jjreservation  of 
their  fam'i^y  estates.  Sucli  a  result  is  a  strange 
and  won<lerful  phenomenon.  It  calls  upon  states- 
men to  inquire  into  the  cause ;  and  if  they  in- 
quire upon  the  theatre  of  this  strange  metanior- 
jihosis,  they  will  receive  one  universal  answer 
from  all  ranks  and  all  ages,  that  it  is  federal 
legislation  which  has  worked  this  ruin.  Under 
tliis  legi.slation  the  exports  of  the  South  have 
been  made  the  basis  of  the  federal  revenue.  The 


twenty  odd  milli 
ported  goods,  arc 
tliL'ir  cotton,  rice  i 
nished  price  whic 
in  foreign  ports,  o 
they  pay  for  the 
at  home.  Virginia, 
may  bo  said  to  do 
ex{)ense  of  suppc 
and  of  this  great  si 
nothing,  or  next  t 
in  tho  shape  of  g( 
expenditure  flow.' 
'.lows  northwardly 
and  perennial  strei 
and  of  exchange ; 
wealth  disapjjcars 
the  North,  Fede 
does  it  by  the  sim 
away  from  the  So 
it.  If  it  returnee 
even  a  good  part 
States  south  of  t 
action  of  this  .s3-st 
stand  the  exhausti 
heat  by  the  refres 
to  it  at  night ;  bui 
all  vegetation  de; 
heat  is  great,  and  i 
South  be  exhaust 
[KTty  by  a  course 
taking  from  it,  anc 
it. 

"  Every  new  tar 
action.  No  tariff 
the  two  Carolinas, 
visions,  except  to 
upon  them.  This 
tunity  to  form  an  ( 
storing  tho  cultiva 
pies, — one  of  the  S( 
Kevolution,  The  U 
tion  to  tho  South,  1 
tiibuted  to  destrc 
sunk  the  duty  on  tl 
five  to  fifteen  cent 
reasons  for  imposin 
posed.  What  objc 
to  it?  Not  to  tiu 
which  laid  the  fou 
factures,  and  susta 
than  half  a  centm 
the  two  Carolinas 
much  fifty  years  a 
have  now  the  State 
Mississippi,  and  the 
kansas,  to  add  to  t 
not  to  the  amount 
will  be  but  forty  \, 
duty  laid  by  this  1 
and  that  maxiinun: 
by  slow  degrees  at 
to  give  time  for  the 
place  of  the  import 
duty  on  the  manufi 


i'!  ■' 


:,  U'li 


AXXO  1828.    JOIIX  QUINCY  ADAMS,  PRESIDENT. 


99 


twenty  0(1(1  millions  annually  levied  upon  im- 
ported goods,  arc  deducted  out  of  the  price  of 
tlu'ir  cotton,  rice  and  tobacco,  either  in  the  dimi- 
nished price  which  they  receive  for  these  staples 
in  foreign  ports,  or  in  the  increased  price  which 
tliey  pay  for  the  articles  they  have  to  consume 
at  home.  Virginia,  the  two  Carolinas  and  Georgia, 
may  be  said  to  defray  three  fourths  of  the  annual 
expense  of  supporting  the  federal  government ; 
and  of  this  great  sum  annually  furnished  by  them, 
nothing,  or  ne.vt  to  nothing,  is  returned  to  them 
in  the  shape  of  government  expenditure.  That 
I'xpendituie  flows  in  an  opposite  direction;  il 
ilows  northwardly,  in  one  uniform,  uninterrupted 
and  perennial  stream ;  it  takes  the  course  of  trade 
and  of  exchange ;  and  this  is  the  reason  why 
weaUh  disapjjcars  from  the  South  and  rises  up  in 
the  North.  Federal  legislation  does  all  iLis  ;  it 
does  it  by  the  simple  process  of  eternally  taking 
away  from  the  South,  and  returning  nothing  to 
it.  If  it  returned  to  the  South  the  whole,  or 
even  a  good  part  of  what  it  exacted,  the  four 
States  south  of  the  Potomac  might  stand  the 
action  of  this  system,  as  the  earth  is  enabled  to 
stand  the  exhausting  influence  of  the  sun's  daily 
liuat  by  the  refreshing  dews  which  are  returned 
to  it  at  night ;  but  as  the  earth  is  dried  up,  and 
all  vegetation  destroyed  in  regions  where  the 
heat  is  great,  and  no  dews  returned,  so  must  the 
South  be  exhausted  of  its  money  and  its  pro- 
[x'rty  by  a  course  of  legislation  which  is  for  ever 
taking  from  it,  and  never  returning  any  thing  to 

it. 

"  Every  new  tariff  increa.scs  the  force  of  this 
action.  No  tarift"  has  ever  yet  included  Virginia, 
the  two  Carolinas,  and  Georgia,  within  its  pro- 
visions, except  to  increase  the  burdens  imposed 
upon  them.  This  one  alone,  presents  the  oppor- 
tunity to  form  an  exception,  by  reviving  and  re- 
storing the  cidtivation  of  one  of  its  ancient  sta- 
ples,— one  of  the  sources  of  its  wealth  before  the 
Revolution.  Tiio  tarifl:  of  1828  owes  this  repara- 
tion to  the  South,  because  the  tarifl"  of  1810  con- 
tributed to  destroy  the  cultivation  of  indigo; 
sinik  the  duty  on  the  foreign  article,  from  twenty- 
five  to  fifteen  cents  per  pound.  These  are  the 
reasons  for  imposing  the  duty  on  indigo,  now  pro- 
posed. What  objections  can  possiblj'  bo  raised 
to  it  ?  Not  to  the  quality  ;  for  it  is  the  same 
which  laid  the  foundation  of  the  British  manu- 
factures, and  sustained  their  reputation  for  more 
than  half  a  century  ;  not  to  the  quantity  ;  for 
tiie  two  Carolmas  and  Georgia  alone  raised  as 
miicli  fifty  years  ago  as  we  now  import,  and  we 
have  now  the  States  of  Louisiana,  Alabama,  and 
Mississippi,  and  the  Territories  of  Florida  and  Ar- 
kansas, to  add  to  the  countries  which  produce  it ; 
not  to  the  au\ount  of  the  duty  ;  for  its  maximum 
will  be  but  forty  per  cent.,  only  one  half  of  the 
duty  laid  by  this  bill  on  the  cloth  it  is  to  dye  ; 
ami  that  maximum,  not  immediate,  but  attained 
by  slow  degrees  at  the  ftud  of  four  years,  in  order 
to  give  time  for  the  domestic  article  to  supi'y  the 
place  of  the  imported.  And  after  all,  it  is  not  a 
duty  ou  the  manufacturer,  but  on  the  wearer  of 


the  goods ;  from  whom  ho  levies,  with  a  good 
interest  on  the  price  of  the  cloths,  all  that  he  ex- 
pends in  the  jjurchase  of  materials.  For  once, 
said  Mr.  B.,  I  expect  a  unanimous  vote  on  a  clause 
in  the  tariff.  This  indigo  clause  must  have  the 
singular  and  unprecedented  honor  of  an  unani- 
mous voice  in  its  favor.  The  South  must  vote  for  it, 
to  revive  the  cultivation  of  one  of  its  most  ancient 
and  valuable  staples;  the  West  must  vote  for  it 
through  gratitude  for  past  favors — through  grati- 
tude for  the  vote  on  hemp  this  night* — and  to 
save,  enlarge,  and  increase  the  market  for  its  own 
productions  ;  the  North  must  vote  for  it  to  show 
their  disinterestedness  ;  to  give  one  proof  of  just 
feeling  towards  the  South ;  and,  above  all,  to 
save  their  favorite  American  System  from  the 
deadly  blow  which  Great  Britain  can  at  any  mo- 
ment give  it  by  stopping  or  interrupting  the  sup- 
plies of  foreign  indigo ;  and  the  whole  Union,  tho 
entire  legislative  body,  must  vote  for  it,  and  vote 
for  it  with  joy  and  enthusiasm,  because  it  is  im- 
possible that  Americans  can  deny  to  sister  States 
of  the  Confederacy  what  a  British  King  and  a 
British  Parliament  granted  to  these  same  States 
when  they  were  colonies  and  dependencies  of  the 
British  crown." 

Mr.  Ilayne,  of  South  Carolina,  seconded  my 
motion  in  a  speech  of  wliich  this  is  an  extract : 

"  Mr.  Ilayne  said  he  was  opposed  to  this  bill 
in  its  principles  as  well  as  in  its  details.  It  could 
assume  no  shape  which  would  make  it  accepta- 
ble to  liim,  or  which  could  prevent  it  from  ope- 
rating most  oppressivelj'  and  unjustly  on  his 
constituents.  With  these  views,  he  had  deter- 
mined to  make  no  motion  to  amend  the  bill  in 
any  respect  whatever ;  but  when  such  motions 
were  made  by  others,  and  he  was  compelled  to 
vote  on  them,  he  knew  no  better  rule  than  to 
endeavor  to  make  the  bill  consistent  with  itself. 
On  this  principle  be  had  acted  in  all  the  votes  he 
had  given  on  this  bill.  He  had  endeavored  to 
carry  out  to  its  legitimate  consequences  what 
gentlemen  are  pleased  to  miscall  the  '  American 
System.'  With  a  fixed  resolution  to  vote  against 
the  bill,  he  still  considered  himself  at  liberty  to 
assist  in  so  arranging  the  details  as  to  extend  to 
every  great  interest,  and  to  all  portions  of  the 
country,  as  {at  as  may  be  practicable,  equal  pro- 
tection, and  to  distribute  the  burdens  of  the 
system  equally,  in  order  that  its  benefits  as  well 
as  its  evils  may  be  fully  tested.  On  this  prin- 
ciple, he  should  vote  for  the  amendment  of  the 
gentleman  from  Missouri,  because  it  was  in  strict 
conformity  with  all  the  principles  of  the  bill.  As 
a  southern  man,  he  would  ask  no  boon  for  the 
South — he  should  propose  nothing ;  but  he  must 
say  that  the  protection  of  indigo  rested  on  the 
same  principles  as  every  other  article  proposed 

*  "The  vote  on  hemp  this  night"  In  rejecting  Mr.  Web- 
ster's motion  to  strike  out  tlie  duty  on  hemp,  and  a  vote  in 
wlilcli  tho  South  went  unanimously  with  the  West. — ^"ote  hy 
Mr.B. 


rl 


1 « 


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li;'    ■   1' 


McMASTER  UNIVERSITY  LISRARX 


L  "iKPi.si  !wvsti;  .-'.■;  ?t^ 


i  'i-' 


100 


THIRTY  YEARS'  VIEW. 


Mi 


:^  i  i 


1    It 


I  I 


ii* 


to  be  protcotetl  by  this  bill,  and  he  did  not  see 
how  gentlemen  could,  consistently  with  their 
maxims,  vote  against  it.  What  was  the  principlo 
on  which  this  bill  was  professedly  founded?  If 
there  was  any  principle  at  all  in  the  bill,  it  was 
that,  whenever  the  country  had  the  capacity  to 
prodiice  an  article  with  which  any  imported  ar- 
ticle could  enter  into  competition,  the  domestic 
product  was  to  be  protected  by  a  duty.  Now, 
had  the  Southern  States  the  capacity  to  produce 
indigo?  The  soil  and  climate  of  those  States 
were  well  suited  to  the  culture  of  the  article.  At 
the  commencement  of  the  Revolution  our  exports 
of  the  article  amounted  to  no  less  than  1 ,100,000 
lbs.  The  whole  quantity  now  imported  into  the 
United  States  is  only  1,150,000  lbs. ;  so  that  the 
capacity  of  the  country  to  produce  a  sufficient 
quantity  of  indigo  to  supply  the  wants  of  the 
manufacturers  is  unquestionable.  It  is  true  that 
the  quantity  now  produced  in  the  country  is  not 
great. 

"  In  1818  only  700  lbs.  of  domestic  indigo  were 
exported. 
"In  1825        9,955  do. 

"In  182G        5,289  do. 

"  This  proves  that  the  attention  of  the  country 
is  now  directed  to  the  subject.  The  senator  from 
Indiana,  in  some  remarks  which  he  made  on  this 
subject  yesterday,  stated  that,  according  to  the 
principles  of  the  American  System  (so  called), 
protection  was  not  extended  to  any  article  which 
the  country  was  not  in  the  habit  of  exporting. 
This  is  entirely  a  mistake.  Of  the  articles  pro- 
tected by  the  tariff  of  182'  as  well  as  those  in- 
cluded in  this  bill,  very  few  are  exported  at  all. 
Among  these  arc  iron,  woollens,  hemp,  flax,  and 
several  others.  If  indigo  is  to  be  protected  at  all, 
the  duties  proposed  must  surely  be  considered 
extremely  reasonable,  the  maximum  proposed 
being  much  below  that  imposed  by  this  bill  on 
wool,  woollens,  and  other  articles.  The  duty  on 
indigo  till  1810,  Avas  25  cents  per  pour  i.  It  was 
then  (in  favor  of  the  manufacturers)  reduced  to 
15  cents.  The  first  increase  of  duty  proposed 
here,  is  only  to  put  back  the  old  duty  of  25  cents 
per  pound,  equal  to  an  ad  valorem  duty  of  from 
10  to  15  per  cent. — and  the  maximum  is  only 
from  40  to  58  per  cent,  ad  valorem,  and  that  will 
not  accrue  for  several  years  to  come.  With  this 
statement  of  facts,  Mr.  H.  said  he  would  leave 
the  question  in  the  hands  of  those  gentlemen 
who  were  engaged  in  giving  this  bill  the  form  in 
which  it  is  to  be  submitted  to  the  final  decision 
of  the  Senate." 

The  proposition  for  this  duty  on  imported  indigo 
did  not  prevail.  In  lieu  of  the  amount  proposed, 
and  which  was  less  than  any  protective  duty  in 
the  bill,  the  friends  of  the  "  American  System  " 
(constituting  a  majontjr  of  the  Senate)  substi- 
tuted a  nominal  duty  of  five  cents  on  the  pound 
— to  be  increased  five  cents  annually  for  ten 
years — and  to  remain  at  fifty.    This  was  only 


about  twenty  per  centum  on  the  cost  of  the  ar- 
ticle, and  that  only  to  be  attained  after  a  pro- 
gression  of  ten  years ;  while  all  other  duties  in 
the  bill  were  from  four  to  ten  times  that  amount 
— and  to  lake  effect  immediately.  A  duty  so 
contemptible,  so  out  of  proportion  to  the  other 
provisions  of  the  bill,  and  doled  out  in  such  mis- 
erable drops,  was  a  mockery  and  insult ;  and  so 
viewed  by  the  .southern  members.  It  increased 
the  odiousness  of  the  bill,  by  showing  that  the 
southern  section  of  the  Union  was  only  included 
in  the  "  American  System  "  for  its  burdens,  and 
not  for  its  benefits.  Mr.  McDuffie,  in  the  House 
of  Representatives,  inveighed  bitterly  against  it 
and  spoke  the  general  feeling  of  the  Southern 
States  when  he  said : 

"  Sir,  if  the  union  of  these  States  shall  ever  be 
severed,  and  their  liberties  subverted,  the  histo- 
rian who  records  these  disasters  will  have  to  as- 
cribe them  to  measures  of  this  description.    I  do 
sincerely  believe  that  neither  this  government 
nor  any  free  government,  can  exist  tor  a  quarter 
of  a  century,  under  such  a  .system  of  legislation. 
Its  ine  .'itable  tendency  is  to  corrupt,  not  only  the 
public  functionari  (s.  but  all  those  portions  of  the 
Union  and  classes  of  society  who  have  an  interest. 
real  or  imaginary,  in  the  bounties  it  provides,  by 
taxing  other  sections  and  other  classes.    What 
sir,  is  the  essential  characteristic  of  a  freeman  V 
It  is  that  independence  which   results  from  an 
habitual  reliance  upon  his  own  resources  and  his 
own  labor  for  his  support.     lie  is  not  in  fact  a 
freeman,  who  habitually  looks  to  the  governincnt 
for  pecuniary  bounties.     And  I  confess  that  no- 
thing in  the  conduct  of  those  who  are  the  promi- 
nent advocates  of  this  system,  has  excited  more 
apprehension  and  alarm  in  my  mind,  than  the 
constant  ettbrts  made  by  all  of  them,  from  the 
Secretary  of  the  Treasury  down  to  the  humblest 
coadjutor,  to  impress  upon  the  public  mind,  the 
idea    that    national    prosperity  and    individual 
wealth  are  to  be  derived,  not  from  individual  in- 
dustry and  economy,  but  from  government  boun- 
ties.    An  idea  more  fatal  to  liberty  could  not  be 
inculcated.    I  said,  on  another  occasion,  that  tlic 
days  of  Roman  liberty  were  numbered  when  the 
people  consented  to  receive  bread  from  the  pub- 
lic granaries.    From  that  moment  it  was  not  the 
patriot  who  had  shown  the  greatest  capacity  and 
made  the  greatest  sacrifices  to  serve  the  republic, 
but  the  demagogue  who  would  promise  to  dis- 
tribute most  profusely  the  spoils  of  the  i)!Mn(lered 
provinces,  that  was  elevated  to  office  by  a  degen- 
erate and  mercenary  populace.    Every  thing  be- 
came veual,  even  in  the  countrj'-  of  Fabricius,  un- 
til finally  the  empire  itself  was  sold  at  public 
auction  I     And  what,  sir,  is  the  nature  and  ten- 
dency of  the  system  we  are  discussing  ?   It  beai's 
an  analogy,  but  too  lamentably  striking,  to  that 
which  corrupted   the  republican  purity  of  the 


Roman  people. 

summato  its  triur 

a  similar  catastr 

event  by  no  mean 

legislate  periodica 

the   election  of  c 

question  of  divid 

States— degraded 

the  influential  ca| 

this   Union !      Sii 

single  act  like  the 

lions  of  dollars  ma 

one  part  of  the  c( 

consider  the  disgu 

under  which  the  h 

bition  may  perpel 

and  political  prosti 

moment,  to  pronoi 

root  bounties,  the 

of  corruption  ever 

functionai'ies.     It 

and  wealth  into  a  ( 

to  contemplate,  be( 

resist.     Do  we  not 

the  extraordinary 

less  than  one  hur 

means  of  this  unha 

an  absolute  and  d 

ions  of  eight  mill 

fortunes  and  desti 

will  not  anticipate 

permit  myself  to  bi 

the  United  States  \ 

by  this  system  of  b< 

I  must  say  that  th< 

Union  in  which,  if  i 

were  to  come  forwa 

in  his  hand,  nothinj 

if  his  adversary  wei 

tern  of  oppression. 

a  talisman  which  w 

to  the  candidate  v 

support  it.    And  al 

all  the  "multiplyr 

most  immaculate  pa 

in  the  nation  could 

if  he  should  refuse  i 

imperial  donative." 

Allusions  were  cc 
nation  of  manufac 
ticians  in  pressing  t 
ly  foundation  for  tl 
of  it  had  been  conce 
ufacturers  in  the  Stj 
been  taken  up  by  p< 
a  party  measure,  at 
of  influencing  the  pi 
these  tariff  bills,  eac 
degree  of  protectioi 
pendage  of  our  pn 
round  in  every  cycle 


ar- 


!his 


ANNO  1828.    JOHN  QUINCT  ADAMS,  PRESIDENT. 


101 


Romnn  people.     God  forbid  tlmt  it  should  con- 
summato  itis  triumph  over  the  public  liberty,  by 
a  siiuiiar  catastrophe,  thoup;h   even   that  is  on 
event  by  no  means  improbable,  if  we  continue  to 
lejiislate  jjeriodically  in  this  waj',  and  to  connect 
the   election  of  our  Chief  Magistrate  with   the 
question  of  dividing   out  the  spoils  of  certain 
States — degraded  into  Roman  provinces — among 
the  influential  capitalists  of  the  other  States  of 
this   Union !      Sir,  when  I  consider  that,  by  a 
single  act  like  the  present,  from  live  to  ten  mil- 
lions of  dollars  may  be  transferred  annually  from 
one  part  of  the  community  to  another ;  when  I 
consider  the  ilisguise  of  disinterested  patriotism 
under  which  the  basest  and  most  profligate  am- 
bition n»ay  perpetrate  such  an  act  of  injustice 
and  political  prostitution,  I  cannot  hesitate,  for  a 
moment,  to  pronounce  this  very  sj'stenj  of  indi- 
rect bounties,  the  most  stupendous  instrument 
of  corruption  ever  placed  in  the  hands  of  public 
functionaries.     It  brings  ambition   and  avarice 
and  wealth  into  a  combination,  which  it  is  fearful 
to  contemplate,  because  it  is  almost  impossible  to 
resist.     Do  we  not  perceive,  at  this  very  moment, 
the  extraordinary  and   melancholy  spectacle  of 
less  than  one  hundred  thousand  capitalists,  by 
means  of  this  unhallowed  combination,  exercising 
an  absolute  and  despotic  control  over  the  opin- 
ions of  eight  millions  of  free  citizenr,  and  the 
fortunes  and  destinies  of  ten  millions  ?    Sir,  I 
will  not  anticipate  or  forebode  evil.     I  will  not 
permit  myself  to  believe  that  the  ProsiiVncy  of 
the  United  States  will  ever  be  bought  and  sold, 
by  this  system  of  bounties  and  prohibitions.   But 
1  must  say  that  there  are  certain  quarters  of  this 
Union  in  which,  if  a  candidate  for  the  Presidency 
were  to  come  forward  with  the  Ilarrisburg  tariff 
in  his  hand,  nothing  could  resist  his  pretensions, 
if  his  adversary  were  opposed  to  this  unjust  sys- 
tem of  oppression.    Yes,  sir,  that  bill  would  be 
a  talisman  which  would  give  a  charmed  existence 
to  the  candidate  who  would  pledge  himself  to 
support  it.    And  although  he  were  covered  with 
all  the  "multiplying  villanies  of  nature,"  the 
most  immaculate  patriot  and  profound  statesman 
in  the  nation  could  hold  no  competition  with  him, 
if  he  should  refu.se  to  grant  this  new  species  of 
imperial  donative." 

Allusions  were  constantly  made  to  the  combi- 
nation of  manufacturing  capitalists  and  poli- 
ticians in  pressing  this  bill.  There  was  evident- 
ly foundation  for  the  imputation.  The  scheme 
of  it  had  been  conceived  in  a  convention  of  man- 
ufacturers in  the  State  of  Pennsylvania,  and  had 
been  taken  up  by  politicians,  and  was  pushed  as 
a  party  measure,  and  with  the  visible  purpose 
of  influencing  the  presidential  election.  In  fact 
these  tariff  bills,  each  exceeding  the  other  in  its 
degree  of  protection,  had  become  a  regular  ap- 
pendage of  our  presidential  elections — coming 
round  in  every  cycle  of  four  years,  with  that  re- 


turning event.    The  year  1816  was  the  starting 
point:  1820,  an<l   IS24,  and  now   IHllH,  having 
successively  renewed  the  measure,  with  succes- 
sive augmentations  of  duties.    The  South   be- 
lieved itself  impoverished  to  enrich  the  North 
by  this  system;  and  certainly  a  singular  and 
unexpected  result  had  been  seen  in  these  two 
sections.      In   the  colonial  stat ;,  the  Southern 
were  the  rich  part  of  the  colonies,  and  expected 
to  do  well  in  a  state  of  independence.    They  had 
the  exports,  and  felt  secure  of  their  prosperity : 
not  so  of  the  North,  whose  agricultural  resources 
were  few,  and  who  expected  privations  from  the 
loss  of  British  favor.     But  in  the  first  half  cen- 
tury after   Independence  *his  expectation  was 
reversed.    The  wealth  of  the  North  was  enor- 
mously aggrandized :  that  of  the  South  had  de- 
clined.   Northern  towns  had  become  great  cities : 
Southern  cities  had  decayed,  or  become  station- 
ary ;  and  Charleston,  the  principal  port  of  the 
South,  was  less  considerable  than  before  the 
Revolution.     The  North  became  a  money-lender 
to  the  South,  and  southern  citizens  made  pil- 
grimages to  northern  cities,  to  raise  money  upon 
the  hypothecation  of  their  patrimonial  estates. 
And  this  in  the  face  of  a  southern  export  since 
the  Revolution  to  the  value  of  eight  hundred 
millions  of  dollars ! — a  sum  equal  to  the  product 
of  the  Mexican  mines  since  the  days  of  Cortez ! 
and  twice  or  thrice  the  amount  of  their  product 
in  the  same  fifty  years.    The  Southern  States 
attributed  this  result  to  the  action  of  the  federal 
government — its  double  action  of  levying  reve- 
nue upon  the  industry  of  one  section  of  the 
Union  and  expending  it  in  another — and  espe- 
cially to  its  protective  tariffs.    To  some  degree 
this  attribution  was  just,  but  not  to  the  degree 
assumed ;  which  is  evident  from  the  fact  that  the 
protective  system  had  then  only  been  in  force  for 
a  short  time — since  the  year  1816 ;  and  the  re- 
versed condition  of  the  two  sections  of  the  Union 
had  commenced  before  that  time.    Other  causes 
must  have  had  some  effect :  but  for  the  present 
we  look  to  the  protective  system ;  and,  without 
admitting  it  to  have  done  all  the  mischief  of 
which  the  South  complained,  it  had  yet  done 
enough  to  cause  it  to  be  condemned  by  every 
friend  to  equal  justice  among  the  States — by 
every  friend  to  the  harmony  and  stability  of  the 
Union — by  all  who  detested  sectional  legislation 
— by  every  enemy  to  the  mischievous  combinar 
tion  of  partisan  politics  with  national  legislation. 


WWi 


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f;- 


ir''f 


102 


THIRTY  YEARS'  VIEW. 


And  this  was  tho  feeling  with  the  mass  of  the 
democratic  members  who  voted  for  tho  toriff  of 
1828,  and  who  were  determino<l  to  act  upon  that 
feeling  upon  tho  overthrow  of  tho  political  porty 
which  advocated  tho  protectivo  system ;  and 
which  overthrow  they  believed  to  bo  certain  at 
tho  ensuing  presidential  election. 


CHAPTER    XXXV. 

THE  ruBr.u;  lands— their  proper  disposition 

—GRADUATED  PUICKS -PRE-EMPTION  KIGIITS-  • 
DONATIONS  TO  SETTLERS. 

About  tho  year  1785  the  celebrated  Edmund 
Burke  brought  a  bill  into  tho  British  House  of 
Commons  for  tho  sale  of  tho  crown  lands,  in 
which  he  laid  down  principles  in  political  econ- 
omy, in  relation  to  such  property,  profoundly 
sagacious  in  themselves,  applicable  to  all  sove- 
reign landed  possessions,  whether  of  kings  or 
republics — applicable  in  all  countries — and  no- 
where more  applicable  and  less  known  or  ob- 
served, than  in  the  United  States.  In  the  course 
of  the  speech  in  support  of  his  bill  he  said : 

"  Lands  sell  at  tho  current  rate,  and  nothing 
can  sell  for  more.  But  be  the  price  what  it  may, 
a  great  object  is  always  answered,  whenever  any 
property  is  transferred  from  hands  which  are  not 
fit  for  that  property,  to  those  that  are.  The 
buyer  and  the  seller  must  mutually  profit  by 
such  a  bargain ;  and,  what  rarely  happens  in 
matters  of  revenue,  the  relief  of  the  subject  will 
go  hand  in  hand  with  the  profit  of  the  Exchequer. 
*  *  *  The  revenue  to  be  derived  from  the 
sale  of  the  forest  land^  will  not  be  so  considera- 
ble as  many  have  imagined ;  and  I  conceive  it 
would  be  unwise  to  screw  it  up  to  the  utmost, 
or  even  to  suffer  bidders  to  enhance,  according 
to  their  eagerness,  the  purchase  of  objects, 
wherein  the  expense  of  that  purchase  may 
weaken  the  capital  to  be  enyjloyed  in  their  culti- 
vation. *  *  *  The  principal  revenue  which  I 
propose  to  draw  from  these  uncultivated  wastes, 
IS  to  spring  from  the  improvement  and  popula- 
tion of  the  kingdom;  events  infinitely  more 
advantageous  to  the  revenues  of  the  crown  than 
the  rents  of  the  best  landed  estate  which  it  can 
hold.  *  *  *  It  is  thus  I  would  dispose  of  the 
improfitable  landed  estates  of  the  crown :  throu) 
them  into  the  mass  of  private  property:  by 
which  they  will  come,  through  the  course  of  cir- 
culation and  through  the  political  secretions  of 
the  State,  into  well-regulated  revenue.    *    ♦    * 


Thus  would  fall  an  expensive  agency,  with  all 
tho  influence  which  attends  it." 

I  do  not  know  Iiow  old,  or  rather,  how  young 
I  was,  when  I  first  took  up  the  notion  that  sales 
of  land  by  a  government  to  its  own  citizens,  and 
to  tho  highest  bidder,  was  false  policy ;  and  that 
gratuitous  grants  to  actual  settlers  was  the  true 
policy,  and  their  labor  the  true  way  of  extract- 
ing national  wealth  and  strength  from  the  soil. 
It  might  have  been  in  childhood,  when  rcadinn' 
the  Bible,  and  seeing  tho  division  of  the  prom- 
ised land  among  the  children  of  Israel :  it  mi'rht 
have  been  later,  and  in  learning  the  operation  of 
the  feudal  system  in  giving  lands  to  those  who 
would  defend  them :  it  might  have  been  in  curly 
life  in  Tennessee,  in  seeing  tho  fortunes  and  re- 
spectability of  many  families  derived  from  tho 
G40  acre  head-rights  which  the  State  of  North 
Carolina  had  bestowed  upon  the  first  settla 
It  was  certainly  before  I  had  read  the  speccli  ( 
Burke  from  wliich  the  extract  above  is  taken 
for  I  did  not  see  that  speech  until  182G;  and 
seventeen  years  before  that  time,  when  a  very< 
young  member  of  the  General  Assembly  of ' 
Tennessee,  I  was  fully  imbued  with  the  doctrine 
of  donations  to  settlers,  and  acted  upon  tho  prin- 
ciple that  was  in  me,  as  far  as  the  case  admitted, , 
in  advocating  the  pre-emption  claims  of  the  sct-^ 
tiers  on  Big  and  Little  Pigeon,  French  Broad, 
and  Nolichucky.  And  when  I  came  to  the  then 
Territory  of  Missouri  in  1815,  and  saw  land  ex- 
posed to  sale  to  the  highest  bidder,  and  lead 
mines  and  salt  springs  reserved  from  sale,  and 
rented  out  for  the  profit  of  the  federal  treasurj', 
I  felt  repugnance  to  the  whole  system,  and  de- 
termined to  make  war  upon  it  whenever  I  should 
have  the  power.  The  time  came  round  with  my 
election  to  the  Senate  of  the  United  States  in 
1820 :  and  the  years  1824,  '26,  and  '28,  found 
me  doing  battle  for  an  ameliorated  system  of 
disposing  of  our  public  lan^s;  and  with  some 
success.  The  pre-emption  system  was  estab- 
lished, though  at  first  the  pre-emption  claimant 
was  stigmatized  as  a  trespasser,  and  repulsed  as 
a  criminal ;  tho  reserved  lead  mines  and  salt 
springs,  in  the  State  of  Missouri,  were  brought 
into  market,  like  other  lands ;  iron  ore  lands,  in 
tended  to  have  been  wlthhfild  from  sale,  wcro 
rescued  from  that  fate,  and  brought  into  market. 
Still  the  two  repulsive  features  of  the  federal 
land  system — sales  to  the  highest  bidder,  and 
donations  to  no  one — with  an  arbitrary  minimum 


mvcrnment,   and 


1:    ',- 

;  ■>-;( 

I  '  i: 

ANNO  1828.    JOHN  QUINCY  ADAMS.  PRKSIDENT. 


103 


prico  which  placed  tlio  cost  of  all  lands,  good 
and  bad,  at  tho  Kamo  uniform  rato  (after  tho 
auctions  wcu  over),  at  ono  dollar  twenty-five 
cents  per  acre.  I  resolved  to  n>ovo  against  the 
wholu  system,  and  especially  in  favor  of  gradu- 
ated prices,  and  donations  to  actual  and  destitiitu 
settlers.  I  did  so  in  u  bill,  renewed  annually 
for  a  long  time ;  and  in  speeches  which  hud  more 
effect  upon  tho  public  mind  than  upon  tho  fed- 
eral legislation — counteracted  as  my  plan  was 
by  schemes  of  dividing  tho  public  lands,  or  the 
money  arising  from  their  sale,  among  the  States. 
It  was  in  support  of  ono  of  these  bills  that  I 
produced  the  authority  of  Burko  in  tho  extract 
quoted;  and  no  ono  took  its  spirit  and  letter 
more  promptly  and  entirely  than  President 
Jackson.  IIo  adopted  tho  principle  fully,  and 
in  ono  of  his  annual  messages  to  Congress  recom- 
mended that,  as  soon  as  the  public  (revolution- 
ary) debt  should  be  discharged  (to  tho  payment 
of  which  tho  lands  ceded  by  the  States  were 
pledged),  that  they  should  ckase  to  bk  a  sub- 
ject or  REVENUE,  AND  BE  DISPOSED  OF  CHIEFLY 
WITH  A  VIEW  TO  SETTLEMENT  AND  CULTIVATION. 

His  terms  of  service  expired  soon  after  the  ex- 
tinction of  tho  debt,  so  that  he  had  not  an  oppor- 
tunity to  carry  out  his  wise  and  beneficent  design. 
Mr.  Burke  considered   tho   revenue  derived 
from  the  sale  of  crown  lands  as  a  triflo,  and  of 
no  account,  compared  to  the  amount  of  revenue 
derivable  from   the  same  lands  through  their 
settlement  and  cultivation.    He  was  profoundly 
right!  and  provably  so,  both  upon  reason  and 
experience.    The  sale  of  the  land  is  a  single 
operation.     Some  money  is  received,  and  the 
cultivation  is  disabled  to  that  extent  from  its 
improvement  and  cultivation.    The  cultivation  is 
perennial,  and  tho  improved  condition  of  the 
farmer  enables  him  to  pay  taxes,  and  consume 
dutiable  gopds,  and  to  sell  the  products  which 
command  the  imports  which  pay  duties  to  the 
government,   and   this    is  the  ■"well-regulated 
revenue"  which  comes  through  the  course  of  cir- 
culation, and  through  the  "  political  secretions" 
of  the  State,  and  which  Mr.  Burke  commends 
above  all  revenue  derived  from  the  sale  of  lands. 
Docs  any  one  know  the  comparative  amount  of 
revenue  derived  respectively  from  the  sales  and 
from  the  cultivation  of  lands  in  any  one  of  our 
new  States  where  the  federal  government  was  the 
jiroprietor,  and  the  auctionecrer,  of  the  lands  ? 
and  can  he  tell  which  mode  of  raising  money  has 


been  most  productive  ?  Tuko  Alabama,  for  ex- 
ample. How  much  has  the  treasury  received  for 
lands  sold  within  her  limits?  and  how  much  in 
fluties  paid  on  imports  purcha.sed  with  the  ex- 
ports del  ived  fi-om  her  soil  ?  Perfect  exactitude 
cannot  be  attained  in  the  rnswor,  but  exact 
enough  to  know  that  the  hitter  iilreiuly  excwds 
the  former  several  times,  ten  times  o\er;  and  is 
perennial  and  increasing  forever!  while  the  sale 
of  the  land  has  been  a  single  operation,  performed 
once,  and  not  to  be  repeated ;  and  disabling  tho 
cultivator  by  the  loss  of  the  money  it  took  from 
him.  Taken  on  a  largo  scale,  and  applied  to  the 
whole  United  States,  and  the  answer  becomes 
more  definite — but  still  not  entirely  exact.  The 
whole  annual  receijits  from  land  sales  at  this 
time  (1850)  arc  about  two  millions  of  dollars :  the 
annual  receipts  from  customs,  founded  almost  en- 
tirely upon  the  direct  or  indirect  productions  of 
the  earth,  exceed  fifty  millions  of  dollars  !  giving 
a  comparative  diflcrencc  of  twenty-five  to  ono 
for  cultivation  over  sales;  and  triumi)hantly 
sustaining  Mr.  Burke's  theory.  I  have  looked 
into  the  respective  amounts  of  federal  revenue, 
received  into  the  treasury  from  these  two  sources, 
since  tlic  establishment  of  tho  federal  government ; 
and  find  tho  customs  to  have  yielded,  in  that 
time,  a  fraction  over  one  thousand  millions  of 
dollars  net — tho  lands  to  have  yielded  a  little  less 
than  one  hundred  and  thirty  millions  gross,  not 
forty  millions  clear  after  paying  all  expenses  of 
surveys,  sales  and  management.  This  is  a  dif- 
ference of  twenty-five  to  one— with  the  further 
difference  of  endless  future  production  from  one, 
and  no  future  production  from  the  land  once 
sold ;  that  is  to  say,  the  .^anio  acre  of  land  is 
paying  for  ever  through  cultivation,  and  pays 
but  once  for  itself  in  purchase. 

Thus  far  I  have  considered  Mr.  Burke's  theory 
only  under  one  of  its  aspects — the  revenue  as- 
pect :  he  presents  another — that  of  population — 
and  here  all  measure  of  comparison  ceases.  The 
sale  of  land  brings  no  people :  cultivation  pro- 
duces population  :  and  people  arc  the  true  wealth 
and  strength  of  nations.  These  various  views 
were  presented,  and  often  enforced,  in  the  course 
of  the  several  speeches  which  I  made  in  support 
of  my  graduation  and  donation  bills  •  and,  on 
the  point  of  population,  and  of  freeholders, 
against  tenants,  I  gave  utterance  to  these  senti- 
ments : 

"  Tenantry  is  unfavorable  to  freedom.    It  lays 


iji!' 


I 


I        '■:• '  I 


■'  *»■ 


'<i: 


F'  I  i  '  ■ 


■^^iM^^ 


.  J 


i.t ! 


N  ^ 


104 


TIIIIITY  YI'AFIV  VIF.W. 


the  foimilfttion  for  sopnmlc  orders  in  society, 
aniiiiiiiatcs  the  love  of'coimtry,  hikI  weiiiteiis  (lie 
Rpirit  of  in(ie|Hii(leiiee.  The  iiiriniii^r  teimiit  liiis, 
ill  fiu't,  no  country,  no  heiutli,  n<>  doniestic  iiltur, 
no  honsohoM  i^od.  The  Creeholder.  on  tin?  con- 
trary, is  tlie  nutnrid  snp|niit(r  of  ii  (Ve<'  govern- 
ment;  nnd  it  (^honld  lie  the  policy  of  repnlilies 
to  nniltiply  tlieir  (Veeiiolders,  lis  it  is  tlie  policy 
of  nion.'irchies  lo  nndtipiy  tiiiiints.  We  lue  u 
repnhlic,  and  we  wisii  to  continue  so ;  then 
nudtii)lv  i\w  cliiss  of  fri'eliolders;  pa<s  the|iul)iic 
lands  clienply  and  easily  into  (he  Imnds  of  tlie 
people;  sell,  for  a  reasonahle  piiee.  to  those  who 
are  able  to  |iay  ;  an<lfrive,  wiihout  price,  to  those 
who  are  not.  I  siiy  ^ivc.  without  price,  to  those 
who  aiv  not  «Me  to  pay  ;  and  that  which  is  so 
given,  I  considc)'  as  .liold  for  the  lll•^:t  of  [irices ; 
for  a  price  ahove  (;ol<l  and  silver;  »  jiriee  which 
cannot  lie  carriecj  away  liy  delincpient  ollicers, 
nor  lost  in  failing  hanks,  nor  stolen  hy  thieves, 
nor  sipnuidered  hv  an  improvident  and  extrava- 
gant adniiin'stration.  It  hrin;zs  a  price  above 
rubies — a  race  of  virtuous  and  independent  la- 
borers, tir;  true  sujjpoi-tcrs  of  their  country, 
and  the  stocU  fioni  which  its  best  defenders  must, 
bo  drawn. 

"'  Wlllit  COIlHtltlltl'S  ft  Stllli'f 

2>i<it  liifli-niNM  Imtili'iiii'iitH,  nor  Iiihorod  inonnd, 

Tliick  Willi.  iiKi'  iiiDUti'd  ^'iiti'; 

Nor  riili"*  proiiil,  with  i-|iiros  iiml  turrets  crown'd, 

Nordtnrr'il  mid  ^|lall}.'lt'll  I'lUirtK, 

WliiTi'  lovv-lioru  liii-ciK.-s  wiifi.s  |iirfiuik'  loiirlilu: 

llllt  MKN  I    lllull-nillldoil  IlK'll, 

Will)  lliilr  iliilii'K  kiioiv,  Imt  liiiow  tliidr  iiitiiiTS, 
And,  knowlnt;,  ilure  Miidntula  tlii'iii.'  " 

In  favor  of  low  prices,  and  donation."?,  T  qnot- 
cd  the  example  and  condition  of  tli'j  Atlantic 
States  of  this  Union — all  .settled  nnder  liberal 
systcm.s  of  li..id  distiibntion  which  dispensed 
almost  (or  altofrethcr  in  many  instances)  with 
sales  for  money.     I  said : 

"These  Atlantic  States  were  donations  from 
the  Briti.sh  crown  ;  and  the  prcat  pi'oin'ietors  dis- 
tributed out  their  jiossessioiis  with  a  free  and 
generous  hand.  A  few  sliillinp.s  I'oi-  a  hiuidred 
acres,  a  nominal  qnitrent,  and  f;ifts  of  a  hun- 
dred, five  nidred,  and  a  thousand  acres,  to  ac- 
tual scttl  ,s:  such  were  the  terms  on  which 
they  dealt  out  the  soil  which  is  now  covered  by 
a  nation  of  freemen.  Trovinccs.  wiiich  now 
form  sovereign  States,  were  .sold  from  hand  to 
hand,  for  a  less  sum  thnji  the  fedeial  govern- 
ment now  demands  for  an  area  of  two  miles 
square.  I  could  name  instances.  I  could  name 
the  State  of  Maine — a  name,  for  more  reasons 
than  one,  familiar  and  agreeable  to  Missouri, 
and  whose  pristine  territory  was  sold  by  Sir 
Ferdinando  Gorges  to  the  pioprietors  of  the 
Ma.ssachusetts  Bay,  for  twelve  hiuidred  jiounds, 
provincial  money.  And  well  it  was  for  Maine 
that  she  was  so  sold ;  well  it  was  for  her  that 
the  modern  policy  of  waiting  for  the  rise,  and 


sticking  at  a  viinimt/tn  of  ^I  S.*).  was  not  then 
in  vogue,  or  else  Maine  woidd  hove  been  a  ilesert 
now.  luHtcad  of  a  nimierous,  intelligent,  and 
virtuous  population,  we  should  have  I  ad  trees  and 
wilil  hcuHts.  My  res|H;ctnhle  friend,  the  senator 
from  that  State  ((Jen.  Chttn<ller),  would  not 
have  In-en  here  to  watch  so  steadily  the  interest 
of  the  ]tublic,  and  to  oppose  the  indls  which  I 
bring  in  for  the  relief  of  the  land  claimants.  And 
I  mention  tliis  to  have  an  op|K)rtnnity  to  do 
justice  to  the  integrity  of  his  heart,  and  to  the 
soundness  of  his  understanding — (,ualities  in 
which  he  is  excelled  by  no  senator — and  to  ex- 
press my  belief  that  wc  will  come  together  njjon 
the  linal  passage  of  this  bill :  for  the  cardinal 
points  in  our  policy  are  the  same — economy  hi 
the  publi(!  expenditures,  and  the  prompt  extinc- 
tion of  the  public  debt.  I  say,  well  it  was  for 
Maine  that  she  v/an  sold  for  the  federal  price 
of  four  .sections  of  Alabama  pine,  Louisiana 
swamp,  or  Missouri  prairie.  Weil  it  was  for 
every  State  in  this  Union,  that  their  .soil  was 
sold  for  a  song,  or  given  as  a  gift  to  whomsoever 
would  take  it.  Happy  for  them,  and  for  the 
liberty  of  the  hunipn  race,  that  the  kings  of 
Kngland  and  the  "  Lords  Proprietors,"  did  not 
conceive  the  luminous  idea  of  waiting  for  the  rise 
and  sticking  to  a  itiiniiniim  otf^l  U5  per  acre. 
Happy  for  Kentucky,  Tennes.see,  and  Ohio,  that 
they  were  settled  under  Slatea,  and  not  under 
the  federal  government.  To  this  happy  exemp- 
tion they  owe  their  present  greatness  and  pros- 
perity. When  they  were  settled,  the  State  laws 
pievailed  in  the  acquisition  of  lands ;  and  dona- 
tions, pre-emptions,  and  settlement  rights,  and 
.sales  at  two  cents  the  acre,  were  the  order  of  the 
day.  I  include  Ohio,  and  I  do  it  with  a  know- 
ledge of  what  I  say:  for  ten  millions  of  her  .soil, 
— that  which  now  constitutes  her  chief  wealth  and 
strength, — were  .settled  upon  the  liberal  jirinei- 
ples  whic'h  1  mention.  The  federal  .system  only 
fell  upon  fifteen  millions  of  her  soil ;  and.  of  that 
(piantity,  the  one  half  now  lies  waste  and  u.seless. 
paying  no  tax  to  the  State,  yielding  nothing  to 
agiicnlture,  desert  spots  in  the  midst  of  a  smiling 
garden,  '•  waiting  for  the  rise,"  and  exhibiting,  in 
high  and  bold  relief,  the  miserable  folly  of  jire- 
scribing  an  arbitrary  vihiiimim  upon  tliiit  article 
which  is  the  gift  of  God  to  man,  and  which  no 
jjarental  goveinmeut  has  ever  attempted  to  con- 
vert into  a  .source  of  revenue  and  an  article  of 
merchandise." 

Against  the  policy  of  holding  up  refuse  lands 
until  they  should  rise  to  the  price  of  good  land, 
and  against  the  reservation  of  saline  and  mineral 
lands,  and  making  money  by  boiling  salt  water, 
and  digging  lead  ore,  or  holding  a  body  of  tenantry 
to  boil  and  dig,  I  delivered  these  sentiments : 

"  I  do  trust  and  believe,  Mr.  President,  that 
the  Executive  of  this  free  government  will  not 
be  second  to  George  the  Third  in  patriotism,  nor 
an  American  Congress  prove  itself  inferior  to  a 


British  Parliam 
trust  and  believ 
iiig  up  land  fb 
revenue  out  of 
nnd  renting  lei 
hanks,  with  all 
nnd  military  age 
Ished.     I  trust 
(five  the  sidiject 
K'ud  the  aid  of  h 
of  so  great  an 
t'speciallv.  shoul 
jTiess.     They  ar 
wti  live.     Nation 
dictate  of  prudei 
tconomy,  and 
every  age  and  ci 
in  that   businesi 
ernment,  createc 
has  gone  to  wor 
|ic'r  liOuisiana,  t 
doubt,  of  the  eel 
of  John  Law. 
more  nor  less  t 
out  of   the    sai 
I'n-sident,   upon 
nniong   the   sam 
Ijitw''n  men  in  I 
broken   picks,  ai 
celebrated   proje 
now  at  work  ;  a: 
lie  wanting  to 
dertaking.  the 
from   these  opei 
Tri'ittmnj,  but  t 
"  Salines  and  t 
same  system — rt 
tlie  purpose  of  : 
myself  that  I  set 
.system.     The   d 
weeks  ago  on  tin 
upon  salt,  is  ev( 
bill  which  I  hav( 
reserved   salt  sj 
■ucordingly,  and 
the  advocates  f 
ever  the  bill  for 
pat  to  the  vote.' 

Argument  anc 
lation  to  the  mil 
State  in  which 
An  act  wa.s  pas 
the  mass  of  priv 
other  public  lai 
eniment,  in  that 
unprolitablc  pu 
freeholders  instt 
titably  were  dev 
the  pursuits  of  \ 
and  stagnated  ii 
tenants.    But  i 


ANNO  1828.     JOHN  QUINCY  ADAMS.  I'llESIDRNT. 


105 


British  Piirliiiinent  in  ^joliiicul  wiHilom.  T  do 
trust  ami  hcliuvi!  timt  tins  wIkiIu  nysti'iii  oflioltl- 
'\i\)i  up  laud  for  (lie  rise,  I'lidcuvdriiiK  to  luiiko 
revenue  out  of  tlie  soil  of  the  country,  UiisinK 
and  renting  lend  mim-s,  salt  .sprin;,'s,  and  iron 
lianks,  with  all  its  train  of  (icnai  Iuw.h  and  civil 
mill  military  agents,  will  he  condcnini'd  and  ahol- 
Islied.  [  trust  that  the  I'residcnt  liiniscif  will 
give  the  Huhject  a  place  in  his  next  message,  ami 
k'lid  the  aid  of  his  recommendation  to  the  success 
of  so  peat  an  ohjcct.  'i'lie  niiuin;?  opeiatinns, 
o-peciallv.  should  llx  the  attention  of  the  Con- 
piess.  I'hey  are  u  reproach  to  the  a;;o  in  which 
HC  live.  National  niininjj;  is  condemned  by  every 
dictate  of  prudence,  hy  every  maxim  of  political 
economy,  and  hy  the  voice  of  experience  in 
every  a^o  and  country.  And  yet  we  are  engaputl 
in  that  business.  This  splendid  federal  gov- 
eriiment,  created  for  great  national  purposes, 
lias  gone  to  work  among  the  lead  mines  of  Uf)- 
|)er  Louisiana,  to  give  us  a  second  edition,  no 
doubt,  of  the  celebrated  "  MissinaijifH  JSchcinc^^ 
of  John  Law.  For  that  scheme  was  nothing 
more  nor  less  than  a  project  of  making  money 
out  of  the  same  identical  mines.  Yes,  Mr. 
President,  upon  the  same  identical  theatre, 
among  the  same  holes  and  pits,  dug  by  John 
Ijtiw\i  incn  in  1720;  among  the  cinders,  ashes, 
liroken  picks,  and  mouldering  furnace?,  of  that 
celebrated  projector,  is  our  federal  government 
now  at  work  ;  and,  that  no  circmnstanco  should 
1)1'  wanting  to  complete  the  folly  of  such  an  un- 
dertaking, the  task  of  extracting  ^^ revenue" 
from  these  operations,  is  confirled,  not  to  the 
Tnaxury,  but  to  the  War  Department. 

'•  Salines  and  salt  springs  arc  subjected  to  the 
same  system — reserved  from  sale,  and  leased  for 
tlie  purpose  of  raising  revenue.  But  I  Hatter 
myself  that  T  see  the  end  of  this  branch  of  the 
system.  The  debate  which  took  place  a  few 
weeks  ago  on  the  bill  to  repeal  the  existing  duty 
ui)on  salt,  is  every  word  of  it  applicable  to  the 
bill  which  I  have  introduced  for  the  sale  of  the 
reserved  salt  springs.  I  claim  the  benefit  of  it 
■u'cordingly,  and  shall  expect  the  support  of  all 
the  advocates  for  the  repeal  of  that  tax,  when- 
ever the  bill  for  the  sale  of  the  salines  shall  be 
put  to  the  vote." 

Argument  and  sarcasm  had  their  effect,  in  re- 
lation to  the  mineral  and  saline  reserves  in  the 
State  in  which  I  lived — the  State  of  Missouri. 
An  act  was  passed  in  1828  to  throw  them  into 
the  mass  of  private  properiv  — to  sell  them  like 
other  i)ublic  lands.  And  thus  the  federal  gov- 
ernment, in  that  State,  got  rid  of  a  degrading  and 
unprofitable  pursuit ;  and  the  State  got  citizen 
fieeliolders  instead  of  federal  tenants;  and  pro- 
fitably were  developed  in  the  hands  of  individu.ils 
the  pursuits  of  private  industry  which  languished 
and  stagnated  in  the  hands  of  federal  agents  and 
tenants.    But  it  was  continued  for  some  time 


longer  (so  far  as  k'a<l  ore  was  concerned)  on  (ho 
Upper  Mississippi,  and  until  i>n  argument  ar- 
rived which  commanded  the  respect  of  the  legis- 
lature: it  was  the  argument  of  profit  and  loss — an 
argument  which  often  touches  a  nerve  which  is 
dead  to  reason.  Mr.  Polk,  in  his  message  to 
Congress  at  the  session  of  lHl.")-'4(»  (the  first  of 
his  administration),  stated  that  the  expenses  of 
the  system  during  tha  preceding  four  years — 
those  of  Mr.  Tyler's  admini;!tration — were  twen- 
ty-six thousand  one  himdred  and  eleven  dollars, 
and  eleven  cents ;  and  the  whole  amount  of  rents 
received  during  the  same  period  was  six  thou- 
sand three  hundred  and  fifty-four  dollars,  and 
seventy-four  cents :  ami  reconmien<led  the  aboli- 
tion of  the  whole  .system,  and  the  sale  of  the  ro- 
.served  mines ;  which  was  done ;  and  tlms  was 
completed  for  the  Upper  Mississippi  what  I  had 
done  for  Missouri  near  twenty  years  before. 

The  advantage  of  giving  land  to  those  who 
would  settle  and  cultivate  it,  was  illastrated  in 
one  of  my  speeches,  by  reciting  the  case  of 
'•  Granny  White  " — well  known  hi  l..r  time  to 
all  the  poiiulation  of  Middle  Tennessee,  and  es- 
pecially to  all  who  travelled  south  from  Nash- 
ville, along  the  great  road  which  crossed  tho 
"divide  "  between  the  Cumberland  and  Ilarpcth 
waters,  at  the  evergreen  tree  which  gave  name 
to  the  gap — the  Holly  Tree  Gap.  The  aged 
woman,  and  her  fortunes,  were  thus  introduced 
into  our  senatorial  debates,  and  lodged  on  a  page 
of  our  parliamentary  history,  to  enlighten,  by 
her  incidents,  the  councils  of  national  legisla- 
tion: 

"  At  the  age  of  sixty,  she  had  been  left  a 
widow,  in  one  of  the  counties  in  the  tide-water 
region  of  North  Carolina.  Her  poverty  was  so 
extreme,  that  when  .she  went  to  the  county 
court  to  get  a  couple  of  little  orjjhan  grandchil- 
dren bound  to  her,  the  Justices  refused  to  let 
her  have  them,  because  she  could  not  give  security 
to  keep  them  olf  the  parish.  This  compelled  her 
to  emigrate ;  and  she  set  olF  with  the  two  littio 
boys,  upon  a  journey  of  eight  or  nine  hundred 
miles,  to  what  was  then  called  "//te  Cumberland 
Settlement.''''  Arrived  in  the  neighborhood  of 
Nashville,  a  generous-hearted  Irishman  (his 
name  deserves  to  be  remembered — Thomas 
McCrory)  let  her  have  a  corner  of  his  land,  on 
her  own  terms, — a  nominal  price  and  indefinite 
credit.  It  was  fifty  acres  in  extent,  and  com- 
prised the  two  faces  of  a  pair  of  confronting  hills, 
whose  precipitous  declivities  lacked  a  few  de- 
grees, and  but  a  few,  of  mathematical  perpendic- 
ularity. Mr.  B.  said  he  knew  it  well,  for  he  had 
.  socn  the  old  lady's  pumpkins  propped  and  sup- 


♦ 


\'Mt 


i.ifit'i 


r:i: 


'■'ii 


■1  iV 


:;i]3- 


lOG 


THIRTY  YEARS'  VIEW. 


ported  witlj  stakes,  to  prevent  their  jioiuleroiis 
weight  from  teariiip;  up  the  vine,  and  rolling  to 
the  bottom  of  the  hills.  There  was  just  room  at 
their  base  for  a  road  to  run  between,  and  not 
room  for  a  house,  to  find  a  level  place  for  its  foun- 
dation ;  for  which  purpose  a  part  of  the  hill  had 
to  be  dug  away.  Yet,  from  this  hopeless  begin- 
ring,  with  the  advantage  of  a  little  piece  of 
ground  that  was  her  own,  this  aged  widow,  and 
two  little  grandchildren,  of  eight  or  nine  years 
old,  advanced  herself  to  comparative  wealth: 
money,  slaves,  horses,  cattle ;  and  her  fields  ex- 
tended into  the  valley  below,  and  her  orphan 
grandchildren,  raised  up  to  honor  and  indepen- 
dence :  these  were  the  fruits  of  economy  and  in- 
dustry^  and  a  noble  illustration  of  the  advantage 
of  giving'  land  to  the  poor.  But  the  federal  gov- 
ernment would  have  demanded  sixty-two  dollars 
and  fifty  cents  for  that  land,  cash  in  hand ;  and 
old  Granny  White  and  her  grandchildren  might 
have  lived  in  misery  and  sunk  into  vice,  before 
the  opponents  of  this  bill  would  have  taken  less." 

I  quoted  the  example  of  all  nations,  ancient 
and  modern,  republican  and  monarchical,  in  fa- 
vor of  giving  lands,  in  parcels  suitable  to  their 
wants,  to  meritorious  cultivators ;  and  denied 
that  there  was  an  instance  upon  earth,  except 
that  of  our  own  federal  government,  which  made 
merchandise  of  land  to  its  citizens — exacted  the 
highe.st  price  it  could  obtain — and  refused  to  suf- 
fer the  country  to  be  settled  until  it  was  paid 
for.  The  "  promised  land  "  was  divided  among 
the  children  of  Israel — the  women  getting  a  share 
where  there  was  no  man  at  the  head  of  the 
family — as  with  the  daughters  of  Manasseh.  All 
the  Atlantic  States,  when  British  colonies,  were 
settled  upon  gratuitous  donations,  or  nominal 
sales.  Kentucky  and  Tennessee  were  chiefly 
settled  in  the  same  way.  The  two  Floridas,  and 
Upper  and  Lower  Louisiana,  were  gratuitously 
distributed  by  the  kings  of  Spain  to  settlers,  in 
quantities  adapted  to  their  means  of  cultivation 
— and  with  the  whole  vacant  domain  to  select 
from  according  to  their  pleasure.  Land  is  now 
given  to  settlers  in  Canada ;  and  £30,000  ster- 
ling, has  been  voted  at  a  single  session  of  Par- 
liament, to  aid  emigrants  in  their  removal  to 
these  homes,  and  commencing  life  upon  them. 
The  republic  of  Colombia  now  gi-es  400  acres  to 
a  settler :  other  South  American  republics  give 
Liore  or  less.     Quoting  these  examples,  I  added : 

"  Such,  Mr.  President,  is  the  conduct  of  the 
free  republics  of  the  South.  I  say  republics  : 
for  it  is  the  same  in  all  of  them,  and  it  would  be 
tedious  and  monotonous  to  repeat  their  numerous 
decrees.    In  fact,  throughout  the  New  World, 


fiom  Hudson's  Bay  to  Cape  Horn  (with  the 
single  exception  of  these  United  States),  land 
the  gift  of  God  to  man,  is  also  the  gift  of  the 
government  to  its  citizens.  Nor  is  this  wise 
policy  confined  to  the  New  World.  It  prevails 
even  in  Asia  ;  and  the  present  age  has  seen — wo 
ourselves  have  seen — published  in  the  capital  of 
the  European  world,  the  proclamation  of  the 
King  of  Persia,  inviting  Christians  to  go  to  the 
ancient  kingdom  of  Cyrus,  Cambyses  and  Dari- 
us, and  there  receive  gifts  of  land — first  rate,  not 
refuse — with  a  total  exemption  from  taxes,  and 
the  free  enjoyment  of  their  religion.  Here  is  the 
proclamation :  listen  to  it. 

The  Proclamation. 

" '  Mirza  Mahomed  Saul,  Ambassador  to  Eng- 
land, in  the  name,  and  by  the  authority  of  Ab- 
bas Mirza,  King  of  Pers;  i,  offers  to  those  who 
shall  emigrate  to  Persia,  gratuitous  grants  of 
land,  good  for  the  production  of  wheat,  barley, 
rice,  cotton,  and  fruits, — free  from  taxes  or  contri- 
butions of  any  kind,  and  with  the  free  enjoyment 
of  their  religion;  the  king's  object  being  to 

IMPllOVE  HIS  COUNTRY. 

"'London,  July  8th,  1823."' 

The  injustice  of  holding  all  lands  at  one  uni- 
form price,  waiting  for  the  cultivation  of  the  good 
land  to  give  value  to  the  poor,  and  for  the  poorest 
to  rise  to  the  value  of  the  richest,  was  shown  in  a 
reference  to  private  sales,  of  all  articles ;  in  the 
whole  of  which  sales  the  price  was  graduated  to 
suit  different  qualities  of  the  same  article.  The 
heartless  and  miserly  policy  of  \\aiting  for 
government  land  to  be  enhanced  in  val  ^>\  the 
neighboring  cultivation  of  private  land,  was  de- 
nounced as  unjust  as  well  as  unwise.  The  new 
States  of  the  AYest  wei-e  thesuflercrs  by  this  fed- 
eral land  policy.  They  were  in  a  diflerent  con- 
dition from  other  States.  In  these  others,  the 
local  legislatures  held  the  primary  disposal  of  the 
soil, — so  much  as  remained  vacant  within  their 
limits, — and  being  of  the  same  community,  made 
equitable  alienations  among  their  constituents. 
In  the  new  States  it  was  diflerent.  The  federal 
government  held  the  primary  disposition  of  the 
soil ;  and  the  majority  of  Congress  (being  inde- 
pendent of  the  people  of  these  States),  was  less 
heedful  of  their  wants  and  wishes.  They  were  as 
a  stepmother,  instead  of  a  natural  mother :  and 
the  federal  government  being  sole  purchaser  from 
foreign  nations,  and  sole  recipient  of  Indian  ces- 
sions, it  became  the  monopolizer  of  vacant  lands 
m  the  West :  and  this  monopoly,  like  all  mono- 
polies, resulted  in  hardships  to  those  upon  whom 
it  acted.    Few,  or  none  of  our  public  men,  had 


raised  theiil 
I  came  into! 
soon  raised 
a  great  ain 
federal  land| 
sentiment 
generally,  hi 
alienations ;  \ 
beneficent  si 
the  member 
should  not 
their  policy ; 
upon  the  ped 
federal  title 
of  their  resi 
pre-emption  I 
sale  (of  so  m 
prices, — adaj 
tracts,  to  bo 
has  remainec 
grants  to  obj 
national  and 


CE 

cession  op  - 
arkansas 

Arkansas  w 
had  been  so  s 
boundary  was 
May  1824  (cl 
delegate,  Hen 
tension  of  hei 
and  for  natioi 
outside  tcrri 
frontier  both 
the  Valley  o 
treaty  which  | 
merouR  India 
the  South  At 
Mississippi, 
policy  to  mak 
class  State, — 1 
the  Unir  n, — a 
her  advanced 
sion  was  on 
other  three  si 


I'  "il;; 


■n  (with  tho 
States),  land, 
igift  of  tho 

is  this  wise 
It  prevails 
las  seen — wo 
he  capital  of 
ation  of  tho 

to  go  to  tho 

cs  and  Dari- 

irat  rate,  not 

n  taxeSj  and 

Here  IS  the 


Mlor  to  Eng- 
ority  of  Ab- 
3  those  wiio 
s  grants  of 
heat,  barley, 
xcs  or  contri- 
ve enjoyment 

CT  BEING  TO 


3  at  one  uni- 
n  of  the  good 
tr  the  poorest 
IS  shown  in  a 
tides ;  in  the 
graduated  to 
irticle.    The 
\saiting  for 
val      l.y  the 
and,  was  de- 
The  new 
by  this  fed- 
ill'erent  con- 
others,  tho 
<posal  of  the 
within  their 
unity,  made 
onstituents. 
The  federal 
ition  of  the 
being  indc- 
),  was  less 
ley  were  as 
other:  and 
ihaser  from 
ndian  ces- 
cant  lands 

2  all  mono- 
pon  whom 

3  men,  had 


ANNO  1828.    JOHN  QUINCY  ADAMS,  PRESIDENT. 


'107 


raised  their  voice  against  this  hard  policy  before 
I  came  into  the  national  councils.  My  own  wa.s 
goon  raised  there  against  it :  and  it  is  certain  that 
a  great  amelioration  has  taken  place  in  our 
federal  land  policy  during  my  time :  and  that  the 
sentiment  of  Congress,  and  that  of  tji"  jniblic 
generally,  has  become  much  more  liberal  in  land 
alienations;  and  is  approximating  towards  the 
beneficent  systems  of  the  rest  of  the  world.  But 
the  members  in  Congress  from  tho  new  States 
should  not  intermit  their  exertions,  nor  vary 
their  policy ;  and  should  fix  their  eyes  steadily 
upon  the  period  of  the  speedy  extinction  of  the 
federal  title  to  all  the  lands  within  the  limits 
of  their  respective  States; — to  be  effected  by 
pre-emption  rights,  by  donations,  and  by  tho 
sale  (of  so  much  as  shall  be  sold),  at  graduated 
prices, — adapted  to  the  different  qualities  of  the 
tracts,  to  be  estimated  according  to  the  time  ii 
has  remained  in  market  unsold — and  by  liberal 
grants  to  objects  of  general  improvement,  both 
national  and  territorial. 


CHAPTER    XXXVI. 

CESSION  OF   A  PART    OF   THE    TEREITOEY    OF 
ARKANSAS  TO  THE  CHEROKEE  INDIANS. 

Arkansas  was  an  organized  territory,  and 
had  been  so  since  the  year  1819,  Her  w'estorn 
boundary  was  established  by  act  of  Congress  in 
May  1824  (chiefly  by  the  exertions  of  her  then 
delegate,  Henry  W.  Conway), — and  was  an  ex- 
tension of  her  existing  boundary  on  that  side ; 
and  for  national  and  State  reasons.  Tt  was  an 
outside  territory — bc3'ond  the  Mississippi — a 
frontier  both  to  Mexico  (then  brought  deep  into 
the  Valley  of  the  Mississippi  by  the  Florida 
treaty  which  gave  away  Texas),  and  to  the  nu- 
merous Indian  tribes  then  being  removed  from 
tho  South  Atlantic  States  to  the  west  of  the 
Mississippi.  It  was,  therefore,  a  point  of  national 
policy  to  make  her  strong — to  make  her  a  first 
class  State, — both  for  her  own  sake  and  that  of 
the  Unir  n, — and  equal  to  all  the  exigencies  of 
her  advanced  and  frontier  position.  The  exten- 
sion was  on  the  west — the  boundaries  on  the 
other  three  sides  being  fixed  and  immovable — 


and  added  a  fertile  belt — a  parallelogram  of 
forty  miles  by  three  hundred  along  her  whole 
western  border — and  which  was  necessary  to 
compensate  for  tlic  swamp  lands  in  front  on  tho 
river,  and  to  give  to  her  certain  valuable  salt 
springs  there  existing,  and  naturally  appurtenant 
to  the  territory,  and  essential  to  its  inhabitants. 
Even  with  this  extension  tho  territory  was  still 
deficient  in  arable  land — not  as  strong  as  her 
frontier  position  required  her  to  be,  nor  suscepti- 
ble (on  account  of  swamps  and  sterile  districts) 
of  the  population  and  cultivation  which  her  su- 
perficial contents  and  largo  boundaries  would  im- 
ply her  to  be.  Territorially,  and  in  mere  exl  ..t, 
the  western  addition  was  a  fourth  part  of  the  ter- 
ritory :  agriculturally,  and  in  capacity  for  popula- 
tion, the  addition  might  be  equal  to  half  of  tlio 
whole  territory ;  and  its  acquisition  was  celebrat- 
ed as  a  most  auspicious  event  for  Arkansas  at  tho 
time  that  it  occurred. 

In  the  month  of  May,  1828,  by  a  treaty  nego- 
tiated at  Washington  by  the  Secretary  at  "War, 
Mr.  James  Barbour,  on  one  side,  and  the  chiefs  of 
the  Cherokee  nation  on  the  other,  this  new  west- 
ern boundary  for  the  territory  was  abolished — 
the  old  line  re-established :  and  what  had  been  an 
addition  to  the  territory  of  Arkansas,  was  ceded  to 
the  Cherokees.  On  the  ratification  of  this  treaty 
several  questions  arose,  all  raised  by  myself  - 
some  of  principle,  some  of  expediency — as,  whether 
a  law  of  Congress  could  be  abolished  by  an  Indian 
treaty  ?  and  whether  it  was  expedient  so  to  re- 
duce, and  thus  weaken  the  territory  (and  future 
State)  of  Arkansas?  I  was  opposed  to  the 
treaty,  and  held  the  negative  of  both  questions, 
and  argued  against  them  with  zeal  and  perse- 
verance. The  supremacy  of  the  treaty -making 
power  I  held  to  be  confined  to  subjects  within 
its  sphere,  and  quoted  "  Jefferson's  Manual,"  to 
show  that  that  was  the  sense  in  which  the  clause 
in  the  constitution  was  understood.  The  treaty- 
making  power  was  supreme ;  but  that  suprem- 
acy was  within  its  proper  orbit,  and  free  from 
the  invasion  of  the  legislative,  executive,  or  jiidi- 
cial  department.  The  proper  objects  of  treaties 
were  international  interests,  which  neither  party 
could  regulate  by  municipal  law,  and  which  re- 
quired a  joint  consent,  and  a  louble  execution,  to 
give  it  effect.  Tried  by  this  test,  and  this  Indian 
treaty  lost  its  supremacy.  The  subject  was  one  of 
ordinary  legislation,  and  specially  and  exclusively 
confined  to  Congress.  It  was  to  repeal  a  law  which 


V.  ,:!'i 


"^i^';'.'|iii": 

i:,^^^i 


m  r:  ,  I! 


,;;.  :.t^h 


m 


*.,  iih^iiiiiisi^ltf,;! 


mmmt 


108 


THIRTY  YEARS'  VIEW. 


ml  I' 


|:.:il'H 


Congress  had  made  in  relation  to  territory ;  and  to 
reverse  the  disjwsition  which  Congress  had  made 
of  a  part  of  its  territory.  To  Congress  it  be- 
longed to  dispose  of  territory ;  and  to  her  it  be- 
longed to  repeal  her  own  laws.  The  treaty 
avoided  the  word  '•repeal,"  while  doing  the 
thing:  it  used  the  word  "al-lish" — which  was 
the  same  in  efiTcct,  and  more  arrogant  and 
offensive — not  appropriate  to  legislation,  and 
evidently  used  to  avoid  the  use  of  a  word 
which  would  challenge  objection.  If  the  word 
"  repeal "  had  been  used,  every  one  would 
have  felt  that  the  ordinary  legislation  of  Con- 
gress was  flagrantly  invaded ;  and  the  avoidance 
of  that  word,  and  the  substitution  of  another  of 
the  same  meaning,  could  have  no  effect  in  legal- 
izing a  transaction  which  would  be  condemned 
under  its  proper  name.  And  so  I  held  the 
treaty  to  be  invalid  for  want  of  a  proper  subject 
to  act  upon,  and  because  it  invaded  the  legisla- 
tive department. 

The  inexpediency  of  the  treaty  was  in  the  ques- 
tion of  crippling  and  mutilati.ig  Arkansas,  re- 
ducing her  to  the  class  of  weak  States,  and  that 
against  all  the  reasons  which  had  induced  Con- 
gress, four  years  before,  to  add  on  twelve  thou- 
sand square  miles  to  her  domain ;  and  to  almost 
double  the  productive  and  inhabitable  capacity 
of  the  Territory,  and  future  State,  by  the  char- 
acter of  the  country  added.  I  felt  this  wrong 
to  Arkansas  doubly,  both  as  a  neighbor  to  my 
own  State,  and  because,  having  a  friendship  for 
the  delegate,  as  well  as  for  his  territory,  I  had  ex- 
erted myself  to  obtain  the  addition  which  had 
been  thus  cut  off.  I  argued,  as  I  thought,  con- 
clusivelj'^ ;  but  in  vain.  The  treaty  was  largely 
ratified,  and  by  a  strong  slaveholding  vote,  not- 
withstanding it  curtailed  slave  territory,  and 
made  soil  free  which  was  then  slave.  Anxious 
to  defeat  the  treaty  for  the  benefit  of  Arkansas, 
I  strongly  presented  this  consequence,  showing 
that  there  was,  not  only  legal,  but  actually 
slavery  upon  the  (imputated  part — that  these 
twelve  thousand  square  miles  were  inhabited, 
organized  into  counties,  populous  in  some  parts, 
and  with  the  due  proportion  of  slaves  found  in  a 
southern  and  planting  State.  Nothing  would 
do.  It  was  a  Southern  measure,  negotiated,  on 
the  record,  by  a  southern  secretary  at  war,  in 
reality  by  the  clerk  McKinney  ;  and  voted  for 
by  nineteen  appro vin/j  slaveholding  senators 
against  four  dissenting.    The  affirmative  vote 


was:  Messrs.  Barton,  Berrien,  Bouligny,  Branch 
Ezekiel  Chambers,  Cobb,  King  of  Alabama. 
McKinlcy,  McLane  of  Delaware,  Macon,  Ridgc^ 
ly.  Smith  of  Maryland,  Smith  of  South  Carolina 
John  Tyler  of  Virginia,  and  Williams  of  Mis- 
sissippi. The  negative  was,  Messrs.  lionton 
Eaton,  Rowan,  and  Tazewell.— Mr.  Callioiin 
was  then  Vice-President,  and  did  not  vote ;  but 
he  was  in  favor  of  the  treaty,  and  assisted  its 
ratification  through  his  friends.  The  House  of 
Representatives  voted  the  appropriations  to  carry 
it  into  effect ;  and  thus  acquiesced  in  the  repeal 
of  an  act  of  Congress  by  the  President.  Senate 
and  Cherokee  Indians ;  and  these  appropriations 
were  voted  with  the  general  concurrence  of  the 
southern  members  of  the  House.  And  tlms 
another  slice,  and  a  pretty  large  one  (twelve 
thousand  square  miles),  was  taken  off  of  slave 
territory  in  the  former  province  of  Louisiana* 
which  about  completed  the  excision  of  what 
had  been  left  for  slave  State  occupation  after 
the  Missouri  compromise  of  1820,  and  the 
cession  to  Texas  of  contcmiioraneows  date,  and 
previous  cessions  to  Indian  tribes.  And  all 
this  was  the  work  of  southern  men,  who  then 
saw  no  objection  to  the  Congrcs.sional  l(.';>is- 
lation  which  acted  upon  slavery  in  terri- 
tories— which  further  curtailed,  and  even  ex- 
tinguished slave  soil  in  all  the  vast  expanse 
of  the  former  Louisiana — save  and  except  the 
comparative  little  that  was  left  in  the  State  of 
Missouri,  and  in  the  mutilated  Territory  of  Ar- 
kansas. The  reason  of  the  southern  members 
for  promoting  this  amputation  of  Arkansas  in 
favor  of  the  Cherokees,  was  simply  to  assist 
in  inducing  their  removal  by  adding  the  best 
part  of  Arkansas,  with  its  salt  springs,  to  the 
ample  millions  of  acres  west  of  that  territory 
already  granted  to  them;  but  it  was  a  gra- 
tuitous sacrifice,  as  the  large  part  of  the  tiibo 
had  already  emigrated  to  the  seven  millions 
of  acres,  and  the  remainder  were  waiting  for 
moneyed  inducements  to  follow.  And  besides, 
the  desire  for  this  removal  could  have  no  effect 
upon  the  constitutional  power  of  Congress  to 
legislate  upon  slavery  in  territories,  or  upon  the 
policy  which  curtails  the  boundaries  of  a  future 
slave  State. 

I  have  said  that  the  amputated  part  of  Ar- 
kansas was  an  organized  part  of  the  territory, 
divided  into  counties,  settled  and  cultivated. 
Now,  what  became  of  these  inhabitants  ? — their 


property  ? 
out  by  the  f 
act  was  pas! 
dred  and  t^ 
maining  pa 
family  who 
part;   and 
that  did  no 
withdrew, 
land  in  fron 
in  the  '■oar 
power  adeqi 
sand  square 
ated  by  its 
herds,  and 
about  it ;  an 
it  is  necessa 
important  a( 
State  of  Ark 
South — and 
order  to  und( 


Jt: 


CHA 

EENEWAL  OP 


The  America! 
Columbia,  or 
au  act  of  privi 
merchant,  Mr 
and  the  youi 
name,  Astoria 
tenance  and  i 
ernment  of  th 
the  United  St 
Thorn,  who  ■? 
who  afterwai 
Sound  to  a\ 
(blowing  him 
air). — was  alli 
leading  vessel 
terprise  the  s( 
captured  duri; 
war  detached 
Ililiyar,  comr 
Pacific  Ocean. 
it  during  the 


ANNO  1828.    JOHN  QUINCY  ADAMS»  PRESIDENT. 


109 


gny,  Branch, 

)f   Alabama, 

aeon,  Ridge- 

ith  Carolina, 

anis  of  Mls- 

srs.   Kenton, 

Ir.    Calhoun 

ot  vote ;  but 

assisted  its 

he  House  of 

;ions  to  carry 

n  the  repeal 

(lent.  Senate, 

l)proiiriations 

rrence  of  the 

.     And  thus 

one  (twelve 

off  of  slave 

if  Louisiana; 

ion  of  what 

iipation  after 

20,   and  the 

)us  (late,  and 

-•s.     And  all 

:'n,  who  then 

isional  k'}>is- 

■y    in    terri- 

nd  even  ex- 

ast  expanse 

except  the 

the  State  of 

itory  of  Ar- 

n  members 

Arkansas  in 

ly  to  assist 

ig  the  best 

'ings,  to  the 

at  territory 

ivas  a  gra- 

of  the  tribe 

en  millions 

waiting  for 

nd  besides, 

e  no  effect 

ongress  to 

or  upon  the 

of  a  future 

part  of  Ar- 
le  territory, 

1  cultivated. 
Its  7— their 


property  ?  and  possessions  ?  They  were  bought 
out  by  the  federal  government !  A  simultaneous 
act  was  pas.scd,  making  a  donation  of  three  hun- 
dred and  twenty  acres  of  land  (within  the  re- 
maining part  of  Arkansas),  to  each  head  of  a 
family  who  would  retire  from  the  amputated 
part;  and  subjecting  all  to  military  removal 
that  did  not  retire.  It  was  done.  They  all 
withdrew.  Three  hundred  and  twenty  acres  of 
land  in  front  to  attract  them,  and  regular  troops 
in  the  '•car  to  push  them,  presented  a  motive 
power  adequate  to  its  object ;  and  twelve  thou- 
sand square  miles  of  slave  territory  was  evacu- 
ated by  its  inhabitants,  with  their  flocks,  and 
herds,  and  slaves;  and  not  a  word  was  said 
about  it ;  and  the  event  has  been  forgotten.  But 
it  is  necessary  to  recall  its  recollection,  as  an 
important  act,  in  itself,  in  relation  to  the  new 
State  of  Arkansas — as  being  the  work  of  the 
South — and  as  being  necessary  to  be  known  in 
order  to  understand  subsequent  events. 


CHAPTER    XXXVII. 

RENEWAL  OP  THE  OREGON  JOINT  OCCUPATION 
CONVENTION. 

The  American  settlement  at  the  mouth  of  the 
Columbia,  or  Oregon,  was  made  in  1811.  It  was 
au  act  of  private  enterprise,  done  by  the  eminent 
merchant,  Mr.  John  Jacob  Astor,  of  New-'York  ; 
and  the  young  town  christened  after  his  own 
name,  Astoria :  but  it  was  done  with  the  coun- 
tenance and  stipulated  approbation  of  the  gov- 
ernment of  the  United  States ;  and  an  officer  of 
the  United  States  navy — the  brave  Lieutenant 
Thorn,  who  was  with  Decatur  at  Tripoli,  and 
who  afterwards  blew  up  his  ship  in  Nootka 
Sound  to  avoid  her  capture  by  the  savages 
(blowing  himself,  crew  and  savages  all  into  the 
air). — was  allowed  to  command  his  (Mr.  Astor's) 
leading  vessel,  in  order  to  impress  upon  the  en- 
terprise the  seal  of  nationality.  This  town  was 
captured  during  the  war  of  1812,  by  a  ship  of 
war  detached  for  that  purpose,  by  Commodore 
Ilillyar,  commanding  a  British  squadron  in  the 
Pacific  Ocean.  No  attempt  was  made  to  recover 
it  during  the  war;  and,  at  Ghent,  after  some  ef- 


forts on  the  part  of  the  British  commissioners, 
to  set  up  a  title  to  it,  its  restitution  was  stipu- 
lated under  the  general  clause  which  provided 
for  the  restoration  of  all  places  captured  by 
either  party.     But  it  was  not  restored.    An 
empty  ceremony  was  gone  through  to  satisfy  the 
words  of  the  treaty,  and  to  leave  the  place  in  the 
hands  of  the  British.    An  American  agent,  ISf  r. 
John  Baptist  Provost,  was  sent  to  Valparaiso,  to 
go  in  a  British  sloop  of  war  (the  Blossom)  to  receive 
the  place,  to  sign  a  receipt  for  it,  and  leave  it  in 
the  hands  of  the  British.    This  was  in  the  au- 
tumn of  the  year  1818 ;  and  coincident  with  that 
nominal  restitution  was  the  conclusion  of  a  con- 
vention in  London  between  the  United  States 
and  British  government,  for  the  joint  occupation 
of  the  Columbia  for  ten  years — Mr.  Gallatin 
and  Mr.  Rush   the  American    negotiators — if 
those  can  be  called  negotiators  who  are  tied 
down  to  particular  instructions.    The  joint  occu- 
pancy was  provided  for,  and  in  these  words : 
"  That  any  country  claimed  by  either  party  on 
the  northwest  coast  of  America,  together  with  its 
harbors,  bays,  and  creeks,  and  the  navigation  of 
all  rivers  within  the  same,  be  free  and  open,  for 
the  term  of  ten  years,  to  the  subjects,  citizens, 
and  vessels  of  the  two  powers ;  without  preju- 
dice to  any  claim  which  either  party  might  have 
to  any  part  of  the  country." — ^I  was  a  practising 
lawyer  at  St.  Louis,  no  way  engaged  in  politics, 
at  the  time  this  convention  was  published ;  but 
I  no  sooner  saw  it  than  I  saw  its  delusive  nature 
— its  one-sidedness — and  the  whole  disastrous 
consequences  which  were  to  result  from  it  to  the 
United  States ;  and  immediately  wrote  and  pub- 
lished articles  against  it :  of  which  the  following 
is  an  extract : 

"  This  is  a  specimen  of  the  skill  with  which 
the  diplomatic  art  deposits  the  seeds  of  a  new 
contestation  in  the  assumed  settlement  of  an  ex- 
isting one, — and  gives  unequal  privileges  in  words 
of  equality, — and  breeds  a  serious  question,  to  be 
ended  perhaps  by  war,  where  no  question  at  all 
existed.  Every  word  of  the  article  for  this  joint 
occupation  is  a  decepti'.i  and  a  blunder — sug- 
gesting a  belief  for  which  there  is  no  foundation, 
granting  privileges  for  which  there  is  no  equiv- 
alent, and  presenting  ambiguities  which  require 
to  be  solv^d — peradventurc  by  the  sword.  It 
speaks  as  if  there  was  a  mutuality  of  countries 
on  the  northwest  coast  to  which  the  article  was 
applicable,  and  a  mutuality  of  benefits  to  accrue 
to  the  citizens  of  both  governments  by  each  occu- 
pying the  country  claimed  by  the  other.  Not 
so  the  fact.    There  is  but  one  country  in  ques- 


Ki 


# 


110 


THIRTY  YEARS'  VIEW. 


s^ 


%  ,  *■ 


tion,  and  that  is  our  own  ; — and  of  this  the  Brit- 
ish are  to  have  equal  possession  with  ourselves, 
and  wo  no  possession  of  theirs.  The  Columbia 
is  onrs ;  Frazcr's  River  is  a  British  possession  to 
which  no  American  ever  went,  or  ever  will  go. 
The  convention  gives  a  joint  ri-iht  of  occupying 
the  ports  and  harbors,  and  of  navigating  the 
rivers  of  each  other.  This  would  imply  that  each 
government  possessed  in  that  quarter,  ports,  and 
harbors,  and  navigable  rivers ;  and  were  about 
to  bring  them  into  hotch-potch  for  mutual  en- 
joyment. No  such  thing.  There  is  but  one  port, 
and  that  the  mouth  of  the  Columbia — but  one 
river,  and  that  the  Columbia  itself:  and  both 
port  and  river  our  own.  We  give  the  equal  use 
of  these  to  the  British,  and  receive  nothing  in  re- 
turn. The  convention  says  that  the  "claim"  of 
neither  party  is  to  be  prejudiced  by  the  joint 
possession.  This  admits  that  Great  Britain  has 
a  claim — a  thing  never  admitted  before  by  us, 
nor  pretended  by  her.  At  Ghent  she  stated  no 
claim,  and  could  state  none.  Her  ministers 
merely  asked  for  the  river  as  a  boundary,  as  be- 
ing the  most  convenient ;  and  for  the  use  of  the 
harbor  at  its  mouth,  as  being  necessary  to  their 
ships  and  trade ;  but  stated  no  claim.  Our  com- 
missioners reported  that  they  (the  British  com- 
missioners) endeavored  '  to  lay  a  nest-egg '  for 
a  future  pretension ;  which  they  failed  to  do  at 
Ghent  in  1815,  but  succeeded  in  laying  in  Lon- 
don in  1818  ;  and  before  the  ten  years  are  out,  a 
full  grown  fighting  chicken  will  be  hatched  of 
that  egg.  There  is  no  mutuality  in  any  thing. 
We  furnish  the  whole  stake  -  country,  river, 
harbor;  and  shall  not  even  maintain  the  joint 
use  of  our  own.  We  shall  bo  driven  out  of  it, 
and  the  British  remain  sole  possessors.  The  fur 
trade  is  the  object.  It  will  fare  with  our  traders 
on  the  Columbia  under  this  convention  as  it 
fared  with  them  on  the  Miami  of  the  Lakes  (and 
on  the  lakes  tliemselves),  under  the  British 
treaties  of  '94  and  '9G,  which  admitted  British 
traders  into  our  territories.  Our  traders  will  be 
driven  out ;  and  that  by  the  fair  competition  of 
trade,  even  if  there  should  be  no  foul  play.  The 
ditference  between  free  and  dutied  goods,  would 
work  that  result.  The  British  traders  pay  no 
duties :  onrs  pay  above  an  average  of  fifty  per 
centum.  No  trade  can  stand  against  such  odds. 
But  the  competition  will  not  be  fair.  The  sav- 
ages will  be  incited  to  kill  and  rob  our  traders, 
and  they  will  bo  expelled  by  violence,  without 
vaiting  the  slower,  but  equally  certain  process, 
of  expulsion  by  underselling.  The  result  then 
is,  that  we  admit  the  British  into  our  country, 
our  river,  and  our  harbor ;  and  we  get  no  admit- 
tance into  theirs,  for  they  have  none — Frazcr's 
River  and  New  Caledonia  being  out  of  the  ques- 
tion— that  tlio}"^  will  become  sole  possessors  of 
our  river,  our  harbor,  and  our  country ;  and  at 
the  end  of  the  ten  years  will  have  an  admitted 
'  claim '  to  our  property,  and  the  actual  posscs- 
Bion  of  it." 

Thus  I  wrote  in  the  year  1818,  when  the  joint 


occupation  convention  of  that  year  was  promul- 
gated. I  wrote  in  advance  ;  and  long  before  the 
ten  years  were  out,  it  was  all  far  more  than 
verified.  Our  traders  were  not  only  driven  from 
the  mouth  of  the  Columbia  River,  but  from  all 
its  springs  and  branches ; — not  only  from  all  the 
Valley  of  the  Columbia,  but  from  the  whole  re- 
gion of  the  i.jcky  Mountains  between  49  and 
42  degrees ;— not  only  from  all  this  mountain 
region,  but  from  the  upper  waters  of  all  our  far 
distant  rivers — the  Missouri,  the  Yellow  Stone 
the  Big  Horn,  the  North  Platte ;  and  all  their 
mountain  tributaries.  And,  by  authentic  reports 
made  to  our  government,  not  less  than  five  hun- 
dred of  our  citizens  had  been  killed,  nor  less  than 
five  hundred  thousand  dollars  worth  of  goods 
and  furs  robbed  from  them; — the  Britisli  re- 
maining the  undisturbed  possessors  of  all  the 
Valley  of  the  Columbia,  acting  as  its  masters  and 
building  forts  from  the  sea  to  the  mountains. 
This  was  the  eflcct  of  the  first  joint  occupation 
treaty,  and  every  body  in  the  West  saw  its  ap- 
proaching termination  with  pleasure;  but  the 
false  step  which  the  government  had  made  in- 
duced another.  They  had  admitted  a  "claim" 
on  the  part  of  Great  Britain,  and  given  her  the 
sole,  under  the  name  of  a  joint,  possession ;  and 
now  to  get  her  out  was  the  difficulty.  It  could 
not  be  done ;  and  the  United  States  agieed  to  a 
further  continued  "joint "  occupation  (as  it  was 
illusively  called  in  the  renewed  convention),  not 
for  ten  years  more,  but  "  indefinitely, "  determin- 
able on  one  year's  notice  from  either  party  to 
the  other.  The  reason  for  this  indefinite,  aud 
injurious  continuance,  was  set  forth  in  the  pre- 
amble to  the  renewed  convention  (Mr.  Gallatin 
now  the  sole  United  States  negotiator);  and 
recited  that  the  two  governments  "  being  desirous 
to  prevent,  as  far  as  possible,  all  hazard  of  mis- 
understanding, and  with  a  view  to  give  further 
time  for  maturing  measures  which  siiall  have  for 
their  object  a  more  definite  settlement  of  the 
claims  of  each  party  to  the  said  territory ; "  did 
thereupon  agree  to  renew  the  joint  occupation 
article  of  the  convention  of  1818,  &c.  Thus,  we 
had,  by  our  diplomacy  in  1818,  and  by  the  per- 
mitted non-execution  of  the  Ghent  treaty  in  the 
delivery  of  the  post  and  country,  hatched  a 
question  which  threatened  a  "  misuuderstandmg" 
between  the  two  countries ;  and  for  matunng 
measures  for  the  settlement  of  which  indefinite 
time  was  required — and  granted — Great  Britain 


remaining,  in 
whole  country 
and  all  that  w 
intended  to  giv 
I  was  a  men 
ncwed  conven 
and  opposed  i 
which  I  was  n 
of  the  adminisi 
a  remote  objec 
andthedelusiv 
it  at  any  time 
gentle  tempera 
and  fact ;  and 
the  question  ol 
myself  to  oppc 
as  well  as  opi 
into  three  reso 
executive  jour 
mentary  histoi 
The  resolve 
dicnt  for  the  I 
treat  further  i 
northwest  coa 
joint  occupati( 
That  it  is  ex; 
article  in  the  < 
expire  upon  its^ 
pcdient  for  the 
to  continue  to 
in  relation  to 
paration  of  int 
permanent  bo 
westward  of  tl 
est  possible  i 
voted  upon ; 
fication  of  the 
would  have  I 
iiejrativo  vote 
W.  Cobb  of  < 
of  Mississippi 
Illinois,   and 
Eighteen  yea 
got  to  the  ci 
fratification  ti 
and  all  the  Un 
in  relation  to 
seven  senator 
for  it  was  rat 


^ 


ANNO  1828.    JOHN  QUTNCY  ADAMS,  rRESIDENT. 


Ill 


W'as  promul- 
ng  before  the 
r  more  than 
'■  driven  from 
but  from  all 

from  all  the 
ho  whole  rc- 
i^een  49  and 
is  mountain 
f  all  our  far 
tillow  Stone, 
nd  all  their 
entic  reports 
an  five  hun- 
lor  less  than 
til  of  goods 

British  re- 
*  of  all  the 
masters,  and 

mountains. 

occupation 
saw  its  ap- 
re;  but  the 
ad  made  in- 

a  "claim" 
ven  her  the 
ession;  and 
'•  It  could 
agreed  to  a 
I  (as  it  was 
;ntion),  not 
"  determin- 
v  party  to 
jfinite,  ahd 
in  the  pre- 
r.  Gallatin 
itor);  and 
ng  desirous 
i-rd  of  mis- 
ive  further 
all  have  for 
ent  of  the 
tory ; "  did 
occupation 

Thus,  we 
ly  the  per- 
?aty  in  the 
hatched  a 
•standing" 

maturing 

indefinite 
:at  Britain 


remaining,  in  the  mean  time,  sole  occupant  of  the 
whole  country.  This  was  all  that  she  could  ask, 
and  all  that  we  could  grant,  even  if  wo  actually 
intended  to  give  up  the  country. 

I  was  a  member  of  the  Senate  when  this  re- 
newed convention  was  sent  in  for  ratification, 
and  opposed  it  with  all  the  zeal  and  ability  of 
which  I  was  master :  but  in  vain.  The  weight 
of  the  administration,  the  indifference  of  many  to 
a  remote  object,  the  desire  to  put  off  a  difficulty, 
and  the  delusive  argument  that  we  could  terminate 
it  at  any  time — (a  consolation  so  captivating  to 
gentle  temperaments) — were  too  strong  for  reason 
and  fact ;  and  I  was  left  in  a  small  minority  on 
the  question  of  ratification.  But  I  did  not  limit 
myself  to  opposition  to  the  treaty.  I  proposed, 
as  well  as  opposed ;  and  digested  my  opinions 
into  three  resolves ;  and  had  them  spread  on  the 
executive  journal,  and  made  part  of  our  parlia- 
mentary history  for  future  reference. 

The  resolves  were :  1.  "  That  it  is  not  expe- 
dient for  the  United  States  and  Great  Britain  to 
treat  further  in  relation  to  their  claims  on  the 
northwest  coast  of  America,  on  the  basis  of  a 
joint  occupation  by  their  respective  citizens.  2. 
That  it  is  expedient  that  the  joint-occupation 
article  in  the  convention  of  1818  be  allowed  to 
expire  upon  its  own  limitation.  3.  That  it  is  ex- 
pedient for  the  government  of  the  United  States 
to  continue  to  treat  with  His  Britannic  Majesty 
in  relation  to  said  claims,  on  the  basis  of  a  se- 
paration of  interests,  and  the  establishment  of  a 
permanent  boundary  between  their  dominions 
westward  of  the  Rocky  Mountains,  in  the  short- 
est possible  time. "  These  resolves  were  not 
voted  upon ;  but  the  negative  vote  on  the  rati- 
fication of  the  convention  showed  what  the  vote 
would  have  been  if  it  had  been  taken.  That 
ueg;ative  vote  was — Messrs.  Benton,  Thomas 
W.  Cobb  of  Georgia,  Eaton  of  Tennessee,  Ellis 
of  Jlississippi,  Johnson  of  Kentucky,  Kane  of 
Illinois,  and  Rowan  of  Kentucky — in  all  7. 
Eighteen  years  afterwards,  and  when  we  had 
got  to  the  cry  of  "  inevitable  war,  "  I  had  the 
(Tatification  to  .see  the  whole  Senate,  all  Congress, 
and  all  the  United  States,  occu[)y  the  same  ground 
in  relation  to  this  joint  occupation  on  which  only 
seven  senators  stood  at  the  time  the  convention 
for  it  was  ratified. 


CHAPTER    XXXVIII. 

PRESIDENTIAL  ELECTION  OF  1829.  AND  FURTHEE 
ERRORS  OF  MONS.  DE  TOCQUEVILLE. 

General  Jackson  and  Mr.  Adams  were  the 
candidates; — with  the  latter,  Mr.  Clay  (his 
Secretary  of  State),  so  intimately  associated  in 
the  public  mind,  on  account  of  the  circumstances 
of  the  previous  presidential  election  in  the  House 
of  Representatives,  that  their  names  and  interests 
were  inseparable  during  the  canvass.  General 
Jackson  was  elected,  having  received  178  elec- 
toral votes  to  83  received  by  Mr.  Adams.  Mr. 
Richard  Rush,  of  Pennsylvania,  was  the  vice- 
presidential  candidate  on  the  ticket  of  Mr.  Adams, 
and  received  an  equal  vote  with  that  gentleman : 
Jlr.  Calhoun  was  the  vice-presidential  candidate 
on  the  ticket  with  General  Jackson,  and  receiv- 
ed a  slightly  less  vote — the  deficiency  being  in 
Georgia,  where  the  friends  of  Mr.  Crawford  still 
resented  his  believed  connection  with  the  "  A.  B. 
plot."  In  the  previous  election,  he  had  been 
neutral  between  General  Jackson  and  Mr.  Adams ; 
but  was  now  decided  on  the  part  of  the  General, 
and  received  the  same  vote  every  where,  except 
in  Georgia.  In  this  election  there  was  a  circum- 
stance to  bo  known  and  remembered.  Mr. 
Adams  and  Mr.  Rush  were  both  from  the  non- 
slaveholding — General  Jackson  and  Mr.  Cal- 
houn from  the  slaveholding  States,  and  both 
large  slaveowners  themselves — and  both  receiv- 
ed a  large  vote  (73  each)  in  the  free  States — 
and  of  which  at  least  forty  were  indispensable  to 
their  election.  There  was  no  jualousj',  or  hos- 
tile, or  aggressive  spirit  in  the  North  at  that 
time  against  the  South  ! 

The  election  of  General  .Jackson  was  a  triumph 
of  democratic  principle,  and  an  assertion  of  the 
people's  right  to  govern  themselves.  That  prin- 
ciple had  been  violated  in  the  presidential  elec- 
tion in  the  House  of  Representatives  in  the  ses- 
sion of  1  S24-'25 ;  and  the  sanction,  or  rebuke,  of 
that  violation  was  a  leading  question  in  the  whole 
canvass.  It  was  also  a  triumph  over  the  high 
protective  policy,  and  the  federal  internal  im- 
provement polic3\  and  the  latitudinous  construc- 
tion of  the  constitution ;  and  of  the  democracy 
over  the  federalists,  then  called  national  repub- 
licans ;  and  was  the  re-establishment  of  parties 
on  principle,  according  to  the  landniaiks  of  the 


■s      '■'t 


iM4 


.   lit 


'J 


3.:     '.I 


112 


THIRTY  YEARS'  VIEW. 


early  ages  of  the  government.  For  although 
Mr.  Adams  huil  received  confidence  and  offlce 
from  Mr.  Madison  and  Mr.  Monroe,  and  had 
classed  with  the  democratic  party  during  the 
fusion  of  parties  in  the  "  era  of  good  feeling," 
yet  ho  had  previously  been  federal ;  and  in  the 
re-establishment  of  old  party  lines  which  began 
to  take  place  after  the  election  of  Mr.  Adams  in 
the  House  of  Representatives,  his  affinities,  and 
policy,  became  those  of  his  former  party :  and  as 
a  part}',  with  many  inuivi<hial  exceptions,  they 
became  his  supporters  and  his  strength.  Gen- 
eral Jackson,  on  the  contrary,  had  always  been 
democratic,  so  classing  when  he  was  a  senator  in 
Congress  under  the  administration  of  the  first 
Mr.  Adams,  and  when  party  lines  were  most 
str.aightly  drawn,  and  upon  principle:  and  as 
such  now  receiving  the  support  of  men  and 
States  which  took  their  political  position  at  that 
time,  and  had  maintained  it  ever  since — Mr. 
Macon  and  Mr.  Randolph,  for  example,  and  the 
States  of  Virginia  and  Pennsylvania.  And  here 
it  becomes  my  duty  to  notice  an  error,  or  a  con- 
geries of  errors,  of  Mons.  de  Tocqucville,  in  rela- 
tion to  the  causes  of  General  Jackson's  election ; 
and  which  he  finds  exclusively  in  the  glare  of  a 
military  fame  resulting  from  "  a  very  ordinary 
achievement,  only  to  be  remembered  where  bat- 
tles are  rare."     lie  says  : 

"  General  Jackson,  whom  the  Americans  have 
twice  elected  to  the  head  of  their  government,  is 
a  -nan  of  a  violent  temper  and  mediocre  talents. 
No  one  circumstance  in  the  whole  course  of  liis 
career  ever  proved  that  he  is  qualified  to  govern 
a  free  people ;  and,  indeed,  the  majority  of  the 
enlightened  classes  of  the  Union  has  alwaj's 
been  oppo.sed  to  him.  But  he  was  raised  to  the 
Presidency,  and  has  been  maintained  in  that 
lofty  station,  solely  by  the  recollection  of  a  vic- 
tor}' which  he  gained  twenty  years  ago,  under 
the  walls  of  New  Orleans; — a  victory  M'hich, 
however,  was  a  very  ordinary  achievement,  and 
which  could  only  be  remembered  in  a  country 
where  battles  are  rare." — (Chapter  17.) 

This  may  pass  for  American  history,  in  Europe 
and  in  a  foreign  language,  and  even  finds  abet- 
tors here  to  make  it  American  history  in  the 
United  States,  with  a  preface  and  notes  to  en- 
force and  commend  it:  but  America  will  find 
historians  of  her  own  to  do  justice  to  the  nation- 
al, and  to  individual  character.  In  the  mean  time 
I  have  some  knowledge  of  General  Jackson,  and 
the  American  people,  and  the  two  presidential 
elections  with  which  they  honored  the  General ; 


and  will  oppose  it,  that  i.s.  my  knowledge,  to  the 
flippant  and  .shallow  statements  of  Mons.  de  Toc- 
qucville. "  A  man  of  violent  temper.^''  I  ought 
to  know  something  about  that — conteiniioraries 
will  understand  the  allu.sion — and  I  can  say  that 
General  Jackson  had  a  good  temper,  kind  and 
ho.spitablc  to  every  body,  and  a  feeling  of  protec- 
tion in  it  for  the  whole  human  race,  and  espe- 
cially the  weaker  and  humbler  part  of  it.  lie  had 
few  quarrels  on  his  own  account ;  and  probably 
the  very  ones  of  which  Mons.  de  Tocqueville  had 
heard  were  accidental,  against  his  will,  and  for 
the  succor  of  friends.  '•  Mediocre  talent^  and 
no  capacity  to  govern  a  free  people."  In  the 
first  place,  free  people  arc  not  governed  by  any 
man,  but  by  laws.  Rut  to  understand  the  phrase 
as  perhaps  intended,  that  ho  had  no  capacity  for 
civil  administration,  let  the  condition  of  the  coun- 
try at  the  respective  periods  when  he  took  up 
and  when  he  laid  down  the  administration, 
answer.  He  found  the  country  in  domestic  dis- 
tress— pecuniary  distress — and  the  national  and 
state  legi.slation  invoked  by  leading  politicians  to 
relieve  it  by  empirical  remedies  ; — tariffs,  to  re- 
lieve one  part  of  the  community  by  taxin"-  the 
other ; — internal  improvement,  to  distribute  pub- 
lic money  ; — a  national  bank,  to  cure  the  paper 
money  evils  of  which  it  was  the  author ; — the 
public  lands  the  pillage  of  broken  bank  paper  ;— 
depreciated  currency  and  ruined  exchanges ; — 
a  million  and  a  half  of  "  unavailable  funds  "  in 
the  treasury  ; — a  large  public  debt ; — the  public 
money  the  prey  of  banks  ; — no  gold  in  the  coun- 
try— only  twenty  millions  of  dollars  in  silver, 
and  that  in  banks  which  rufu.sed,  when  thev 
pleased,  to  pay  it  down  in  redemption  of  their 
own  notes,  or  even  to  render  back  to  depositors. 
Stay  laws,  stop  laws,  replevin  laws,  baseless 
paper,  the  resource  in  half  the  States  to  save  the 
debtor  from  his  creditor ;  and  national  bankrupt 
laws  from  Congress,  and  local  insolvent  laws,  in 
the  States,  the  demand  of  every  session.  Indian 
tribes  occupying  a  half,  or  a  quarter  of  the  area  of 
southern  States,  and  unsettled  questions  of  wrong 
and  insult,  with  half  the  powers  of  Europe. 
Such  was  the  state  of  the  country  when  General 
Jackson  became  President :  what  was  it  when 
he  left  the  Presidency  ?  Protective  tariffs,  and 
f  nleral  internal  improvement  discarded ;  the  na- 
tional bank  left  to  expire  upon  its  own  limita- 
tion ;  the  public  lands  redeemed  from  the  pillage 
of  broken  bank  paper;   no  more  "unavailable 


funds ; "  an  a 
the  public  d( 
independent  o 
ed  from  the 
all  foreign  po 
10  new  ones  c( 
cd  from  great 
with  us  before 
with  all  the  wo 
which,  after  on 
Bank  of  the  U 
banks  in  1837, 
the  United  Stat 
and  expansionf 
and  empirical 
the  respective 
ending    of    Ge 
gives  to  the  fl 
for  civil  goverr 
•'  The  majority 
ways  opposed  to 
es  which  Mons. 
in  the  cities,  an 
brokers,  jobbers 
culators — were 
certainly  against 
telligenco  of  th 
sustained  him  in 
deplorable  condi 
classes  "  had  sun 
state  of  felicity 
nrhich  has  made 
the  civilized  wori 
tions  of  Europe. 
sidency  and  mi 
recollection  of  t 
Here  recollection 
action  of  their  e\ 
come  stronger,  ir 
of  time.    The  vi 
ed  in  the  first  wc 
not  bear  this  pre; 
eighteen  years  al 
ous  good  seasons 
There  was  a  pres 
the  victory  was  fi 
and  imaginations 
make  Jackson  Pi 
ward  as  a  candidi 
ivards,  at  the  elec 
didatethen.   Foui 
3f  1824,  he  becai 

Vol.  I.- 


Jge,  to  the 
IS.  de  Toc- 
'    I  ouglit 
Jinporaries 
n  say  that 
,  kind  and 
;  of  protc'c- 
and  cspe- 
it.   lie  had 
i  probalily 
ucville  had 
ill,  and  for 
alent,  and 
."    In  the 
icd  by  any 
the  i)hra.se 
apacity  for 
if  the  coiin- 
c  took  up, 
linistration, 
meritic  dis- 
ational  and 
oliticians  to 
irifTs,  to  re- 
taxing  the 
ribute  pub- 
tlio  paper 
thor ; — the 
|k  paper ; — 
ihangcs ; — 
funds"  in 
■the  public 
the  coun- 
in  silver, 
when  they 
Ion  of  their 
depositors. 
|s,  baseless 
;o  save  the 
bankrupt 
|nt  laws,  in 
Indian 
he  area  of 
|s  of  wrong 
if  Euiope. 
u  General 
it  when 
nd 
[l ;  the  na- 
ivn  liniita- 
he  pillage 
navailable 


I 


tarilfs,  ar 


ANNO  1828.    JOHN  QUINCY  ADAMS,  PRESIDENT. 


113 


funds ; "  an  abundant  gold  and  silver  currency ; 
the  public  debt  paid  off;   the   treasury  made 
independent  of  banks ;  the  Indian  tribes  remov- 
ed from  the  States ;  indemnities  obtained  from 
all  foreign  powers  for  all  past  aggressions,  and 
10  new  ones  committed ;  several  treaties  obtain- 
ed from  great  powers  that  never  would  treat 
with  us  before ;  peace,  friendship,  and  commerce 
with  all  the  world ;  and  the  measures  established 
which,  after  one  great  conflict  with  the  expiring 
Bank  of  the  United  States,  and  all  her  afBliated 
banks  in  1837,  put  an  end  to  bank  dominion  in 
the  United  States,  and  all  its  train  of  contractions 
and  expansions,  panic  and  suspension,  distress 
and  empirical  relief.    This  is  the  answer  which 
the  respective  periods  of  the  beginning  and  the 
ending    of    General    Jackson's   administration 
gives  to  the  flippant  imputation  of  no  capacity 
for  civil  government.    I  pass  on  to  the  next. 
•'  TAe  majority  of  the  enlightened  classes  al- 
ways opposed  to  him?^  A  majority  of  those  class- 
es which  Mons.  de  Tocquevillc  would  chiefly  see 
in  the  cities,  and  along  the  highways — bankers, 
brokers,  jobbers,  contractors,  politicians,  and  spe- 
culators— were  certainly  against  him,  and  he  as 
certainly  against  them :  but  the  mass  of  the  in- 
telligence of  the  country  was  with  him!  and 
sustained  him  in  retrieving  the  country  from  the 
deplorable  condition  in  which  the  "  enlightened 
classes  "  had  sunk  it !  and  in  advancing  it  to  that 
state  of  felicity  at  home,  and  respect  abroad, 
which  has  made  it  the  envy  and  admiration  of 
the  civilized  world,  and  the  absorbent  of  popula- 
tions of  Europe.  I  pass  on.  •'  Raised  to  the  Pre- 
sidency and  maintained  there  solely  by  the 
recollection  of  the  victory  at  New  Orleans." 
Here  recollection,  and  military  glare,  reverse  the 
action  of  their  ever  previous  attributes,  and  be- 
come stronger,  instead  of  weaker,  upon  the  lapse 
of  time.    The  victory  at  New  Orleans  was  gain- 
ed in  the  first  week  of  the  year  1815  ;  and  did 
not  bear  this  presidential  fruit  until  fourteen  and 
eighteen  years  afterwards,  and  until  three  previ- 
ous good  seasons  had  passed  without  production. 
There  was  a  presidential  election  in  1816,  when 
the  victory  was  fresh,  and  the  country  ringing, 
and  imaginations  dazzled  with  it:  but  it  did  not 
make  Jackson  President,  or  even  bring  him  for- 
ward as  a  candidate.     The  same  four  years  after- 
wards, at  the  election  of  1820 — not  even  a  can- 
didate then.   Four  years  still  later,  at  the  election 
of  1824,  he  became  a  candidate,  and — was  not 

Vol.  I.-^ 


elected ; — receiving  but  99  electoral  votes  out  of 
2G1.    In  the  year  1828  ho  was  first  elected,  re- 
ceiving 178  out  of  2G1  votes ;  and  in  1832  he 
was  a  second  time  elected,  receiving  219  out 
of  288  votes.     Surely  there  must  have  been 
something  besides  an  old  military  recollection  to 
make  these  two  elections  so  different  from  the 
two  former;  and  there  was!    That  something 
else  was  principle !  and  the  same  that  I  have 
stated  in  the  beginning  of  this  chapter  as  enter- 
ing into  the  canvass  of  1828,  and  ruling  its  issue. 
I  pass  on  to  the  last  disparagement.   "  A  victory 
which  was  a  very  ordinary  achievement,  and  only 
to  be  remembered  where  battles  were  rare." 
Such  was  not  the  battle  at  New  Orleans.    It 
was  no  ordinary  achievement.    It  was  a  victory 
of  4,G00  citizens  just  called  from  their  homes, 
without  knowledge  of  scientific  war,  under  a  lead- 
er as  little  schooled  as  themselves  in  that  parti- 
cular, without  other  advantages  than  a  slight 
field  work  (a  ditch  and  a  bank  of  earth)  hastily 
thrown    up — over   double    their   numbers   of 
British  veterans,  survivors  of  the  wars  of  tho 
French  Revolution,  victors  in  the  Peninsula  and 
at  Toulouse,  under  trained  generals  of  the  Wel- 
lington school,  and  with  a  disparity  of  loss  never 
before  witnessed.    On  one  side  700  killed  (in- 
cluding the  first,  second  and  third  generals) ; 
1400  wounded;   500  taken  prisoners.    On  th» 
other,  six  privates  killed,  and  seven  wounded; 
and  the  total  repulse  of  an  invading  army  which 
instantly  fled  to  its  "  wooden  walls,"  and  never 
again  placed  a  hostile  foot  on  American  soil. 
Such  an  achievement  is  not  ordinary,  much  less 
"very"  ordinary.     Does  Mons.  de  Tocqueville 
judge  the  importance  of  victories  by  the  num- 
bers engaged,  and  the  quantity  of  blood   shed, 
or  by  their  consequences  ?    If  the  former,  the 
cannonade  on  the  heights  of  Valmy  (which  was 
not  a  battle,  nor  even  a  combat,  but  a  distant 
cannon  firing  in  which   few  were   hurt),  must, 
seem  to  him  a  verj'  insignificant  affair.     Yet  it 
did  what  the  marvellous  victories  of  Ghampau- 
bert,  Montmirail,  Chatcau-Tliierry,  Yauchamps 
and  Montereau  could  not  do — turned  back  tiio 
invader,  and  saved  tho  soil  of  Franco  from  the 
iron  hoof  of  the  conqueror's  horse!  and  was 
commemorated  twelve  years  afterwards  by  the 
great  emperor  in  a  ducal  title  bestowed  upon  one 
of  its  generals.     The  victory  at  New  Orleans 
did  what  the  connonade  at  Valmy  did^drove  back 
the  invader !  and  also  what  it  did  not  do— de^ 


'■■;i![:.:'|j. 


114 


THIRTY  YE/ US'  VIEW. 


f 


!  ::!' 


I;!-    If. 


■ 


8tro\-i'(l  the  one  fourth  part  of  his  force.  And, 
therefore,  it  is  not  to  be  disparaged,  and  will  not 
be,  by  any  one  who  judges  victories  by  their 
consefiueuces,  instead  of  by  the  numbers  engaged. 
And  so  the  victory  at  New  Orleans  will  remain 
in  history  as  one  of  the  great  achievements  of 
the  world,  in  spite  of  the  low  opinion  which  the 
writer  on  American  democracy  entertains  of  it. 
But  Mfjiis.  de  Tocqueville's  disparagement  of 
General  Jackson,  and  his  achievement,  does  not 
stop  at  him  and  his  victory.  It  goes  beyond 
both,  and  reaches  the  American  people,  their  re- 
publican institutions,  and  the  elective  franchise : 
It  represents  ihe  people  as  incapable  of  self- 
government — as  led  off  by  a  little  military  glare 
to  elect  a  man  twice  President  who  had  not  one 
qualification  for  the  place,  who  was  violent  and 
mediocre,  and  whom  the  enlightened  classes  op- 
posed :  all  most  unjustly  said,  but  still  to  pass 
for  American  history  in  Europe,  and  with  some 
Americans  at  home. 

Regard  for  Mons.  de  Tocqueville  is  the  cause 
of  this  correction  of  his  errors :  it  is  a  piece  of 
respect  which  I  do  not  extend  to  the  riffraff  of 
European  writers  who  come  here  to  pick  up  the 
gossip  of  the  highways,  to  sell  it  in  Europe  for 
American  history,  and  to  requite  with  defama- 
tion the  hospitalities  of  our  houses.  He  is  not 
of  that  class :  he  is  above  it :  he  is  evidently  not 
intentionally  unjust.  But  he  is  the  victim  of  the 
company  which  he  kept  while  among  us ;  and  his 
book  must  pay  the  penalty  of  the  impositions 
practised  upon  him.  The  character  of  our  coun- 
try, and  the  cause  of  republican  government, 
require  his  errors  to  be  corrected :  and,  unhap- 
pily, I  shall  have  further  occasion  to  perform 
that  duty. 


■i;    .  » 


CHAPTER    XXXIX. 

EETIRING  OF  MR.  MACON. 

Philosophic  in  his  temperament  and  wise  in  his 
conduct,  governed  in  all  his  actions  by  reason 
and  judgment,  aud  deeply  imbued  with  Bible 
images,  this  virtuous  and  patriotic  man  (whom 
Mr.  Jefferson  called  "  the  last  of  the  Romans)  " 
had  long  fixed  the  term  of  his  political  existence 
at  the  age  which  the  Psalmist  assigns  for  the 


limit  of  manly  life:  "The  days  of  our  years  are 
threescore  years  and  ten  ;  and  if  by  reason  of 
strength  they  be  fourscore  years,  yet  is  their 
strength  labor  and  sorrow,  for  it  is  soon  cut  off 
and  we  fly  away. "  He  touched  that  age  in 
1828  ;  and,  true  to  all  his  purposes,  he  was  true 
to  his  resolve  in  this,  and  executed  it  with  the 
quietude  and  indifference  of  an  ordinary  transac- 
tion. He  was  in  the  middle  of  a  third  senatorial 
term,  and  in  the  fidl  possession  of  all  his  faculties 
of  mind  and  body ;  but  his  time  for  retirement 
had  come — the  time  fixed  by  himself ;  but  fixed 
upon  conviction  and  for  well-considered  reasons 
and  inexorable  to  him  as  if  fixed  by  fate.  To 
the  friends  who  urged  him  to  remain  to  the  end 
of  his  term,  and  who  insisted  that  his  mind  was 
as  good  as  ever,  he  would  answer,  that  it  was 
good  enough  yet  to  let  him  know  that  he  ought 
to  quit  office  before  his  mind  quit  him,  and  that 
he  did  not  mean  to  risk  the  fate  of  the  Archbishop 
of  Grenada.  He  resigned  his  senatorial  honors 
as  he  had  worn  them — meekly,  unostentatiously, 
in  a  letter  of  thanks  and  gratitude  to  the  General 
Assembly  of  his  State ; — and  gave  to  repose  at 
home  that  interval  of  thought  and  quietude  which 
every  wise  man  would  wish  to  place  between  the 
turmoil  of  life  and  the  stillness  of  eternity.  Ho 
had  nme  years  of  this  tranquil  enjoyment,  and 
died  without  pain  or  suffering  June  29th,  1837, 
— characteristic  in  death  as  in  life.  It  was  eight 
o'clock  in  the  morning  when  he  felt  that  the  su- 
preme hour  had  come,  had  himself  full-dressed 
with  his  habitual  neatness,  walked  in  the  room 
and  lay  upon  the  bed,  by  turns  conversing  kind- 
ly with  those  who  were  about  him,  and  showing 
by  his  conduct  that  he  was  ready  and  waiting,  but 
hurrying  nothing.  It  was  the  death  of  Socrates, 
all  but  the  hemlock,  and  in  that  full  faith  of 
which  the  Grecian  sage  had  only  a  glimmering. 
He  directed  his  own  grave  on  the  point  of  a  sterile 
ridge  (where  nobody  would  wish  to  plough), 
and  covered  with  a  pile  of  rough  flint-stone, 
(which  nobody  would  wish  to  build  with),  deem- 
ing this  sterility  and  the  useli  ^ness  of  tliis  rock 
the  best  security  for  that  undisturbed  repose  of 
the  bones  which  is  still  desirable  to  those  who 
are  indifferent  to  monuments. 

In  almost  all  strongly-marked  characters  there 
is  usually  some  incident  or  sign,  in  early  life, 
which  shows  that  character,  and  reveals  to  the 
close  observer  the  type  of  the  future  man.  So 
it  was  with  Mr.  Macon.    His  firmness,  his  pa- 


triotism, his 
and  disregard 
csty,  integrity 
conduct  to  the 
tates  of  vu'tu( 
long  life,  were 
eighteen,  in  tlx 
vidual  action,  ( 
quent  public  e: 
exalted  career. 
He  was  of  tl 
college,  at  the  ( 
can  Independer 
then  on  the  De 
cd  it,  served  a 
resumed  his  stu 
em  States  hat 
their  own  fate, 
of  the  war.     B 
there,  strongly 
British  cause; 
was  fully  coui 
these  States;  t 
returned  to  his 
joined  a  militia 
cJ  to  South  Ca 
eucm'^'s  operat 
harrlships  and  c 
at  the  fall  of  Fo 
ton,  defeat  at  ( 
retreat  across  t 
He  was  in  the  < 
kin  when  the 
the  brief  inten 
Americans  and 
rested  the  pun 
Greene  to  alio 
exhausted  men, 
thing  and  with 
inons  came  to  I 
North  Carolina 
ing  of  the  Gci 
been  elected  a 
by  the  people  ( 
and  the  incidc 
camp,  came  to 
Greene  was  a  ' 
man.   He  felt  a 
this  young  sold 
determined  to 
young  man,  in 
and  then  "dred 


ANNO  1828.    JOHN  QUINCY  ADy^S,  PRESIDENT. 


115 


iir  years  are 
'y  reason  of 
yet  is  their 
soon  cut  off", 
that  age  in 
ho  was  true 
it  with  the 
lary  transac- 
^  senatorial 
his  faculties 
r  retirement 
f;  but  fixed 
red  reasons, 
)y  fate.  To 
n  to  the  end 
is  mind  was 
that  it  was 
at  he  ought 
m,  and  that 
Archbishop 
orial  honors 
tentatiously. 
the  General 
to  repose  at 
etude  which 
between  the 
ernity.  Ho 
)yment,  and 
29th,  1837, 

was  eight 
that  the  su- 
full-dressed 

the  room 
;rsing  kind- 
nd  showing 
waiting,  but 
of  Socrates, 
ill  faith  of 
;limmering. 
b  of  a  sterile 
to  plough), 
flint-stone, 
dth),  dccm- 
[)f  tliis  rock 
d  repose  of 
those  who 

icters  there 
early  life, 
eals  to  the 
}  man.  So 
ess,  bis  pa- 


I 


triotism,  his  self-denial,  his  devotion  to  duty 
and  disregard  of  ofllco  and  emolument ;  his  mod- 
esty, integrity,  self-control,  and  subjection  of 
conduct  to  the  convictions  of  reason  and  tho  dic- 
tates of  vit'tuc,  all  so  steadily  exemplified  in  a 
long  life,  were  all  shown  from  tho  early  ago  of 
eighteen,  in  the  miniature  representation  of  indi- 
vidual action,  and  only  confirmed  in  the  subse- 
quent public  exhibitions  of  a  long,  beautiful,  and 
exalted  career. 

Ho  was  of  that  age,  and  a  student  at  Princeton 
college,  at  the  time  of  tho  Declaration  of  Ameri- 
can Independence.    A  small  volunteer  corps  was 
then  on  the  Delaware.     He  quit  his  books,  join- 
ed it,  served  a  term,  returned  to  Princeton,  and 
resumed  his  studies.    In  the  year  1778  the  South- 
cm  States  had  become  a  battle-field^  big  with 
their  own  fate,  and  possibly  involving  the  issue 
of  the  war.     British  fleets  and  armies  appeared 
there,  strongly  supported  by  the  friends  of  the 
British  cause ;  and  the  conquest  of  tho  South 
was  fully  counted  upon.    Help  was  needed  in 
these  States ;  and  Mr.  Macon,  quitting  college, 
returned  to  his  native  county  in  North  Carolina, 
joined  a  militia  company  as  a  private,  and  murch- 
eJ  to  South  Carolina — then  the  theatre  of  the 
eueoi^'s  operations.    He  had  his  share  in  all  tho 
hardships  and  disasters  of  that  trying  time ;  was 
at  the  fall  of  Fort  Aloultrie,  surrender  of  Charles- 
ton, defeat  at  Camden ;  and  in  the  rapid  winter 
retreat  across  the  upper  part  of  North  Carolina. 
He  was  in  the  camp  on  the  left  bank  of  the  Yad- 
kin when  the  sudden  flooding  of  that  river,  in 
the  brief  interval  between  the  crossing  of  the 
Americans  and  the  coming  up  of  the  British,  ar- 
rested the  pursuit  of  Cornwallis,  and  enabled 
Greene  to  allow  some  rest  to  his  wearied  and 
exhausted  men.    In  this  camp,  destitute  of  every 
thing  and  with  gloomy  prospects  ahead,  a  sum- 
mons came  to  Mr.  Macon  from  the  Governor  of 
North  Carolina,  requiring  him  to  attend  a  meet- 
ing of  the  General  Assembly,  of  which  he  had 
been  elected  a  member,  without  his  knowledge, 
by  the  people  of  his  county.    He  refused  to  go : 
and  the  incident  being  talked  of  through  the 
camp,  came  to  the  knowledge  of  the  general. 
Greene  was  a  man  himself,  and  able  to  know  a 
man.    He  felt  at  once  that,  if  this  report  was  true, 
this  young  soldier  was  no  common  character ;  and 
determined  to  verify  the  fact.     He  sent  for  the 
young  man,  inquired  of  him,  heard  the  truth, 
and  then  ""d'ed  for  the  reason  of  this  unexpected 


conduct — this  preference  for  a  suflcring  camp 
over  a  comfortable  seat  in  the  General  Assem- 
bly ?  Mr.  Macon  answered  him,  in  his  quaint 
and  sententious  way,  that  ho  had  seen  the  faces 
of  the  British  many  times,  but  had  never  seen 
their  hacks,  and  meant  to  stay  in  the  army  till 
ho  did.  Greene  instantly  saw  tho  material  tho 
young  man  was  made  of,  and  tho  handle  by 
which  he  was  to  lie  worked.  That  material  was 
patriotism ;  that  handle  a  sense  of  duty ;  and 
laying  hold  of  this  handle,  ho  quickly  worked 
the  young  soldier  into  a  different  conclusion  from 
the  one  that  he  had  arrived  at.  He  told  him  he 
could  do  more  good  as  a  member  of  the  General 
Assembly  than  as  a  soldier ;  that  in  tho  army 
he  was  but  one  man,  and  in  the  General  Assem- 
bly he  might  obtain  many,  with  the  supplies 
they  needed,  by  showing  the  destitution  and 
suflcring  which  he  had  seen  in  the  camp ;  and 
that  it  was  his  duty  to  go.  This  view  of  duty 
and  usefulness  was  decisive.  Mr.  Macon  obeyed 
the  Governor's  summons ;  and  by  his  represen- 
tations contributed  to  obtain  the  supplies  which 
enabled  Greeno  to  turnback  and  face  Cornwallis, 
— fight  him,  cripple  him,  drive  him  further  back 
than  he  had  advancod  (for  Wilmington  is  South 
of  Camden),  disable  him  from  remaining  in  the 
South  (of  which,  up  to  tho  battle  of  Guilford, 
he  believed  himself  to  be  master)  ;  and  sending 
lum  to  Yorktown,  where  he  was  captured,  and 
the  war  ended. 

The  philosophy  of  history  has  not  yet  laid  hold 
of  the  battle  of  Guilford,  its  consequences  and 
effects.  That  battle  made  the  capture  at  York- 
town.  The  events  are  told  in  every  history: 
tlicir  connection  and  dependence  in  none.  It 
broke  up  the  plan  of  Cornwallis  in  the  South,  and 
changed  the  plan  of  Washington  in  the  North. 
Cornwallis  was  to  subdue  the  Southern  States, 
and  was  doing  it  until  Greene  turned  upon  him 
at  Guilford.  Washington  was  occupied  with 
Sir  Henry  Clinton,  then  in  New- York,  with 
12,000  British  troops.  He  had  formed  the  heroic 
design  to  capture  Clinton  and  his  army  (tho 
French  fleet  co-operating)  in  that  city,  and  there- 
by putting  an  end  to  the  war.  All  his  prepara- 
tions were  going  on  for  that  grand  consummation 
when  he  got  the  news  of  the  battle  of  Guilford, 
the  retreat  of  Cornwallis  to  Wilmington,  his  in- 
ability to  keep  the  field  in  the  South,  and  his 
return  northward  through  the  lower  part  of 
Virginia.    He  saw  his  advantage — an  easier  prey 


"  I 


M  i 


116 


rniRTY  YEARS'  VIEW, 


V    ■■ 


—and  the  same  result,  if  successful.  Comwallis 
or  Clinton,  cither  of  them  captured,  would  put 
an  end  to  the  war.  Washington  changed  his 
plan,  deceived  Clinton,  moved  rapidly  upon  the 
weaker  general,  captured  him  and  his  7000  men ; 
and  ended  the  revolutionary  war.  The  battle 
of  Guilford  put  that  capture  into  Washington's 
hands ;  and  thus  Guilford  and  Yorktown  became 
connected ;  and  the  philosophy  of  history  shows 
their  dependence,  and  that  the  lesser  event  was 
father  to  the  greater.  The  State  of  North  Caro- 
lina gave  General  Greene  25,000  acres  of  west- 
ern land  for  that  day's  work,  now  worth  a  million 
of  dollars ;  but  the  day  itself  has  not  yet  obtain- 
ed its  proper  place  in  American  history. 

The  military  life  of  Mr.  Macon  finished  with 
liis  departure  from  the  camp  on  the  Yadkin,  and 
his  civil  public  life  commenced  on  his  arrival  at 
the  General  Assembly,  to  which  he  had  been 
summoned — that  civil  public  life  in  which  he  was 
continued  above  forty  years  by  free  elections — 
representative  in  Congress  under  Washington, 
Adams,  Jefferson,  and  Madison,  and  long  the 
Speaker  of  the  House ;  senator  in  Congress  un- 
der Madison,  Monroe,  and  John  Quincy  Adams ; 
and  often  elected  President  of  the  Senate,  and 
until  voluntarily  declinmg ;  twice  refusing  to  be 
Postmaster  General  under  Jeflbrson ;  never  tak- 
ing any  oflBce  but  that  to  which  ho  was  elec'.  d ; 
and  resigning  his  last  senatorial  te>  n  when  it 
was  only  half  run.  But  a  characteristic  trait 
remains  to  be  told  of  his  military  life — one  that 
has  neither  precedent  nor  imitation  (the  example 
of  Washington  being  out  of  the  line  of  compari- 
son) :  he  refused  to  receive  pay,  or  to  accept  pro- 
motion, and  served  three  years  as  a  private 
through  mere  devotion  to  his  country.  And  all 
the  long  length  of  his  life  was  conformable  to  this 
patriotic  and  disinterested  beginning :  and  thus 
the  patriotic  principles  of  the  future  senator  were 
all  revealed  in  early  life,  and  in  the  obscurity  of 
an  unknown  situation.  Conformably  to  this  be- 
ginning, he  refused  to  take  any  thing  under  the 
modern  acts  of  Congress  for  the  benelit  of  the 
surviving  officers  and  soldiers  of  the  Revolution, 
and  voted  against  them  all,  saying  they  had  suf- 
fered alike  (citizens  and  military),  and  all  been 
rewarded  together  in  the  establishment  of  inde- 
pendence ;  that  the  debt  to  the  army  had  been 
settled  by  pay,  by  pensions  to  the  wounded,  by 
half-pay  and  land  to  the  officers ;  that  no  mili- 
tary claim  could  bo  founded  on  depreciated  con- 


tinental paper  money,  from  which  the  civil 
Ainctionaries  who  performed  service,  and  the  far- 
mers who  furnished  supplies,  suiTered  ns  much 
as  any.  On  this  principle  ho  voted  against  the 
bill  for  Lafayette,  against  all  the  modern  revo- 
lutionary pensions  and  land  bounty  acts,  and 
refused  to  take  any  thing  under  them  (for  many 
were  applicable  to  himself). 

Ilis  political  principles  were  deep-rooted  in- 
nate, subject  to  no  change  and  to  no  machinery 
of  party.  Ho  was  democratic  in  the  broad  sense 
»f  the  word,  as  signifying  a  capacity  in  the  people 
for  self-government  5  and  in  its  party  sense  as 
in  favor  of  a  plain  and  economical  administra 
tion  of  the  federal  government,  and  against  lati- 
tudinarian  constructions  of  the  constitution.  He 
was  a  party  man,  not  in  the  hackneyed  sense  of 
the  word,  but  only  where  principle  was  concern- 
ed ;  and  was  independent  of  party  in  all  his  so- 
cial relations,  and  in  all  the  proceedings  which 
he  disapproved.  Of  this  he  gave  a  strong  in- 
stance in  the  case  of  General  Hamilton,  whom 
he  deemed  honorable  and  patriotic ;  and  utterly 
refused  to  be  concerned  in  a  movement  proposed 
to  affect  him  personally,  though  politically  op- 
posed to  him.  He  venerated  Washington,  ad- 
mired the  varied  abilities  and  high  qualities  of 
Hamilton ;  and  esteemed  and  respected  the  emi- 
nent federal  gentlemen  of  his  time.  He  had  af. 
fectionate  regard  for  Madison  and  Monroe ;  but 
Mr.  Jefferson  was  to  him  the  full  and  perfect 
exemplification  of  the  republican  statesman. 
His  almost  fifty  years  of  personal  and  political 
friendship  and  association  with  Mr.  Randolph  is 
historical,  and  indissolubly  connects  their  names 
and  memories  in  the  recollection  of  their  friends, 
and  in  history,  if  it  does  them  justice.  He  was 
the  early  friend  of  General  Jackson,  and  intimate 
with  him  when  he  was  a  senator  in  Congress 
under  the  administration  of  the  elder  Mr.  Adams; 
and  was  able  to  tell  Congress  and  the  world  who 
he  was  when  he  began  to  astonish  Europe  and 
America  by  his  victories.  He  was  the  kind  ob- 
server of  the  conduct  of  young  men,  encourag- 
ing them  by  judicious  commendation  when  he 
saw  them  making  efforts  to  become  useful  and 
respectable,  and  never  noting  their  faults.  He 
was  just  in  all  things,  and  in  that  most  difRcult 
of  all  things,  judging  political  opponents,— to 
whom  he  would  do  no  wrong,  not  merely  in 
word  or  act,  but  in  thought.  He  spoke  frequent- 
ly in  Congress,  always  to  the  point,  and  briefly 


and  wisely  ; 
Mr.  Jefforso 
been — a  si)ci 
fonnance, — \ 
wtM  getting 
into  it,  than 
and  ho  sutlbi 
for  him. 

Hu  was  ab 
above  dcpciu 
Roman  of  th 
fields  at  the  1 
of  public  dut; 
advancing  ag 
hot  sun  of  su 
vrhen  senatoi 
low  the  ploi 
was  the  suinr 
(lie  told  me) 
hot  for  him— 
and  the  refusi 
of  him,  when 
men  going  tin 
lation,  and  d< 
tlie  salvation  ( 
the  vilest  sinn 
herds  yielded 
ductions.  A 1 
heads  when  tl 
—purchased  t 
cessjty  require 
duce.  He  wa 
pensc  hospitali 
in  his  house,  i 
bore- — no  otli 
his  house  bu 
enough  to  brh 
as  accomplish 
complished  ge 
Esq.,  the  othei 
oke,  my  early 
than  half  a  cei 
enough  to  pay 
dollar  to  any  1 
•  lie  was  stea 
stake  himself  : 
point  of  public 
this  his  rclatio 
nal  instance. 
the  theatre  a1 
some  naval  1 
Bpoken  in  debi 


ANNO  1828.    JOHN  QUINCY  ADAMa,  PRESIDENT. 


117 


h  tho  civil 
and  tlio  Tar- 
•cd  as  much 
I  agfiinst  the 
odcrn  rcvo- 
y  acts,  and 
n  (for  many 

p-rootcd,  in- 

>  machinery 

broad  sense 

in  tho  people 

rty  Boiise,  as 

administra 

against  lati- 

tution.    He 

red  sense  of 

vas  conccrn- 

n  all  his  so- 

lings  which 

a  strong  in- 

ilton,  whom 

and  utterly 

jnt  proposed 

litically  op- 

hington,  ad- 

qualitics  of 

ted  the  emi- 

He  had  af. 

tonroc;  but 

and  perfect 

statesman. 

.nd  political 

Randolph  is 

their  names 

heir  friends, 

:e.    Ho  was 

ind  intimate 

n  Congress 

^Ir.  Adams; 

world  who 

Europe  and 

he  kind  ob- 

cncourag- 

n  when  he 

useful  and 

faults.    lie 

lost  difficult 

lonenfs,— to 

;  merely  in 

LC  frequent- 

and  briefly 


and  wisely  ;  and  wtis  ono  of  tho.sc  speakers  which 
Mr.  JulFerson  described  Dr.  Franklin  to  have 
been — a  sficakcr  of  no  pretension  and  great  |)cr- 
formance, — who  8|)oko  more  good  sense  while  ho 
WHS  getting  up  out  of  his  chair,  and  getting  back 
into  it,  than  many  others  did  in  long  discourses  ; 
and  he  sutlercd  no  reporter  to  dress  up  a  speech 
for  him. 

lie  was  abovo  the  pursuit  of  wealth,  but  also 
above  dependence  and  idleness ;  and,  like  an  old 
Roman  of  the  elder  Cato's  time,  worked  in  tho 
fields  at  the  head  of  his  slaves  in  the  intervals 
of  public  duty ;  and  did  not  cease  this  labor  until 
advancing  age  rendered  him  unable  to  stand  the 
hot  sun  of  summer — tho  only  season  of  the  year 
when  senatorial  duties  left  liim  at  liberty  to  fol- 
low the  plough,  or  handle  the  hoe.  I  think  it 
was  tho  summer  of  1817, — that  was  tho  last  time 
(ho  told  roe)  he  tried  it,  and  found  the  sun  too 
hot  for  him — then  sixty  years  of  age,  a  senator, 
and  the  refuser  of  all  ofHce.  How  often  I  think 
of  him,  when  I  see  at  Washington  robustious 
men  going  through  a  scene  of  supplication,  tribu- 
lation, and  degradation,  to  obtain  ofBco,  which 
the  salvation  of  the  soul  docs  not  impose  upon 
the  vilest  sinner  I  His  fields,  his  flocks,  and  bis 
herds  yielded  an  ample  supply  of  domestic  pro- 
ductions. A  small  crop  of  tobacco — three  hogs- 
heads when  the  season  was  good,  two  when  bad 
—purchased  the  exotics  which  comfort  and  ne- 
cessity required,  and  which  the  farm  did  not  pro- 
duce. He  was  not  rich,  but  rich  enough  to  dis- 
pense hospitality  and  charity,  to  receive  all  guests 
in  his  house,  from  the  President  to  the  day  lar 
bore" — no  other  title  bemg  necessary  to  enter 
his  house  but  that  of  an  honest  man;  rich 
enough  to  bring  up  hia  family  (two  daughters) 
as  accomplished  ladies,  and  marry  them  to  ac- 
complished gentlemen — one  to  William  Martin, 
Esq.,  the  other  to  William  Eaton,  Esq.,  of  Roan- 
oke, my  early  school-fellow  and  friend  for  more 
than  half  a  century ;  and,  above  all,  he  was  rich 
enough  to  pay  as  he  went,  and  never  to  owe  a 
dollar  to  any  man. 

•  He  was  steadfast  in  his  friendships,  and  would 
stake  himself  for  a  friend,  but  would  violate  no 
point  of  public  duty  to  please  or  oblige  him.  Of 
thi.s  his  relations  witl  Mr.  Randolph  gave  a  sig- 
nal instance.  He  drew  a  knife  to  defend  him  in 
the  theatre  at  Philadelphia,  when  menaced  by 
?ome  naval  and  military  oflScers  for  words 
spoken  in  debate,  and  deemed  offensivo  to  their 


professions;  yet,  when  R|)caker  of  the  House  of 
Representatives,  ho  displaced  Mr.  lianiiuipii  from 
tho  head  of  the  conmiitteu  of  ways  and  means, 
because  tho  chairman  of  that  cntr.milteo  should 
be  on  terms  of  political  friendship  with  tho  ad- 
ministration,— which  Mr.  Randolph  had  then 
ceased  to  be  with  Mr.  Jclferson's.  He  was 
abovo  executive  office,  oven  tho  highest  tho 
President  could  give  ;  but  not  above  tho  lowest 
the  people  could  give,  taking  that  of  justice  of  tlie 
peace  in  his  county,  and  refusing  that  of  Post- 
master-General at  Washington.  Ho  was  op- 
posed to  nepotism,  and  to  all  quartering  of  his 
connections  on  the  government;  and  in  the 
course  of  his  forty-years'  service,  with  tho  abso- 
lute friendship  of  many  administrations  and  the 
perfect  respect  of  all,  he  never  had  office  or  con- 
tract for  any  of  his  blood.  He  refused  to  be  a 
candidate  for  the  vice-presidency,  but  took  the 
place  of  elector  on  tho  Van  Buren  ticket  in  1836. 
He  was  against  paper  money  and  the  pajier  sys- 
tem, and  was  accustomed  to  present  tho  strong 
argument  against  both  in  tho  simple  phrase,  that 
this  was  a  hard-money  government,  made  by 
hard-money  men,  who  had  seen  the  evil  of  paper- 
money,  and  meant  to  save  their  posterity  from  it. 
Ho  was  opposed  to  sccurityships,  and  held  that 
no  man  ought  to  bo  entangled  in  the  affairs 
of  another,  and  that  ths  interested  parties  alone 
— those  who  expected  to  find  their  profit  in  the 
transaction — should  bear  the  bad  consequences, 
as  well  as  enjoy  the  good  ones,  of  their  own 
dealings.  He  never  called  any  one  "friend" 
without  being  so ;  and  never  expressed  faith  in 
the  honor  and  integrity  of  a  man  without  acting 
up  to  the  declaration  when  the  occasion  required 
it.  Thus,  in  constitutmg  his  friend  Weldon  N. 
Edwards,  Esq.,  his  testamentary  and  solo  execu- 
tor, with  large  discretionary  powers,  he  left  all 
to  his  honor,  and  forbid  him  to  account  to  any 
court  or  power  Tor  the  manner  in  which  he 
should  execute  that  trust.  This  prohibition 
was  so  characteristic,  and  so  honorable  to  both 
parties,  and  has  been  so  well  justified  by  the 
event,  that  I  give  it  in  his  own  words,  as  copied 
from  his  will,  to  wit : 

"I  subjoin  the  following,  in  my  own  hand- 
writing, as  a  codicil  to  this  my  last  will  and  tes- 
tament, and  direct  that  it  be  a  part  thereof— that 
is  to  say,  having  full  faith  in  the  honor  and  in- 
tegrity of  my  executor  above  named,  he  shall  not 
be  held  to  account  to  any  court  or  power  what* 


!l 


111  'iiii. 


118 


TntRTT  TEARS'  VIEW. 


,1  ' 


\', 


I' 


■I    , 


J 


■  It     s 


ever  for  the  discharge  of  the  trust  confided  by 
ma  to  liim  in  and  by  tbo  foregoing  will." 

And  the  event  hoa  proved  that  hiH  Judgmont, 
as  always,  committctl  no  mistake  when  it  bo- 
8to\«  c'd  that  confidence.  lie  had  his  pecidiarities — 
iiliosyncracies,  if  any  one  pleases — but  they  were 
born  with  him,  suited  to  him,  constituting  a  part  of 
hia  character,  and  necessary  to  its  completeness. 
Ho  never  subscribetl  to  charities,  but  gave,  and 
freely,  according  to  his  means — the  left  hand  not 
knowing  what  the  right  hand  did.  lie  never 
subscribed  for  new  books,  giving  as  a  reason  to 
the  soliciting  agent,  that  nobody  purchased  his 
tobacco  until  it  was  inspected;  and  ho  could 
buy  no  book  until  he  had  examined  it.  Ho 
would  not  attend  the  Congress  Presidential  Cau- 
cus of  1824,  although  it  was  stire  to  nominate 
hia  own  choice  (Mr.  Crawford) ;  and,  when  a 
reason  was  wanted,  he  gave  it  in  tho  brief  answer 
that  he  attended  ono  once  and  they  cheated  him, 
and  ho  had  said  that  he  would  never  attend 
another.  Ho  always  wore  the  same  dress — that 
ia  to  say,  a  suit  of  tho  same  material,  cut,  and 
color,  sujierflno  navy  blue — the  whole  suit  from 
tho  same  piece,  and  in  the  fashion  of  the  time  of 
the  Revolution ;  and  always  replaced  by  a  new 
one  before  it  showed  age.  He  was  neat  in  his 
person,  always  wore  fine  linen,  a  fine  cambric 
stock,  a  fine  fur  hat  with  a  brim  to  it,  fair  top- 
boots — the  boot  outside  of  the  pantaloons,  on  the 
principle  that  leather  was  stronger  than  cloth. 
He  would  wear  no  man's  honors,  and  when  com- 
plimented on  the  report  on  the  Panama  mission, 
which,  as  chairman  of  the  committee  on  foreign 
relations,  he  had  presented  to  the  Senate,  he 
would  answer,  "  Yes ;  it  is  a  good  report ;  Taze- 
well wrote  it."  Left  to  himself,  he  was  ready 
to  take  the  last  place,  and  the  lowest  seat  any 
where;  but  in  his  representative  capacity  he 
would  suffer  no  derogation  of  a  constitutional  or 
of  a  popular  right.  Thus,  when  Speaker  of 
the  House,  and  a  place  behind  the  President's 


SocrotaricH  had  been  assigned  him  in  some  ccre< 
mony,  ho  disregarded  the  programme ;  and,  as 
tho  elect  of  tho  elect  of  all  the  people,  took  his 
place  next  after  those  whom  tho  national  vote 
had  elected.  And  in  1803,  on  tho  question  (o 
change  tho  form  of  voting  for  President  niid 
Vice-President,  and  tho  vote  wanting  ono  of  tho 
constitutional  number  of  two  thirds,  he  resisted 
the  rule  of  the  House  which  restricted  tlio 
speaker's  vote  to  a  tie,  or  to  a  vote  which  would 
make  a  tie, — claimed  his  constitutional  right  to 
vote  as  a  member,  obtained  it,  gave  the  vote 
mado  tho  two  thirds,  and  carried  the  amend- 
ment. And,  what  may  well  bo  deemed  idiosyn- 
cratic in  these  days,  ho  was  punctual  in  the  per- 
formance of  all  his  minor  duties  to  the  Seiinto 
attending  its  sittings  to  tho  moment,  attendin); 
all  the  committees  to  which  he  was  npi)ointi<(l 
attending  all  the  funerals  of  the  niombors 
and  ofHcers  of  the  Houses,  always  in  time  nt 
every  place  where  duty  required  him ;  and  re- 
fusing double  mileage  for  one  travelling,  when 
elected  from  the  House  of  Representatives  to  the 
Senate,  or  summoned  to  an  extra  session.  He 
was  an  habitual  reader  and  student  of  the  Bible, 
a  pious  and  religious  man,  and  of  the  "  liaptixt 
persuasion"  as  he  was  accustomed  to  express  it. 
I  have  a  pleasure  in  recalling  the  recollections 
of  this  wise,  just,  and  good  man,  and  in  writing 
them  down,  not  without  profit,  I  hope,  to  rising 
generations,  and  at  least  as  extending  the  know- 
ledge of  the  kind  of  men  to  whom  we  are  indebt- 
ed for  our  independence,  and  for  the  form  of 
government  which  they  established  for  u.s,  .,Ir. 
Macon  was  the  real  Cincinnatus  of  America,  the 
pride  and  ornament  of  my  native  State,  my  he- 
reditary friend  through  four  generations,  my 
mentor  in  the  first  seven  years  of  my  senatorial, 
and  the  last  seven  of  his  senatorial  life ;  and  a 
feeling  of  gratitude  and  of  filial  affection  mingles 
it&elf  with  this  discharge  of  historical  duty  to  his 
memory. 


A 


'■i-     .  u 


c 

COMMENCEM 

Ox  the  4tli 
was  inaugui 
and  deliverc( 
occasion;  an 
general  decln 
which  the  ne 
Tho  general  i 
necessarily  C( 
minute  praci 
CTCuts  the  qui 
Such  declara 
tho  grounds 
election  had  1 
to  his  suppor 
opponents;  1 
especial  obje 
So  of  Gener 
this  occasion, 
cratic  princip 
will  bear  re 
either  new  ai 
principles,  of 
man  his  elect 
leading  to  a  i 
trary  he  thu 
of  standing 
military  to 
standing  arr 
ment,  in  tim 
large  our  pre 


ANNO  1829.    ANDREW  JACKHON,  IMIEHIDKNT. 


119 


n  Romo  ccrc- 
imc ;  and,  as 
|)lo,  took  his 
lalionul  vote 
question  to 
•csideiit  ami 
g  ono  of  tho 
,  ho  rcsi«tc'(l 
strictwl  the 
ft'hich  would 
tnal  right  to 
•0  tho  vote, 
the  amend- 
incd  idiosyn- 
1  in  tlie  jicr- 
'  the  Senate, 
it,  attending 
s  apjmintt'd, 
tie  nu'mlMif) 
I  in  time  at 
iin ;  and  re- 
belling, when 
ativcs  to  the 
session.  lie 
of  tho  Uihie, 
ho  "  Jiaptint 
io  express  it. 
recollections 
I  in  writing 
pc,  to  rising 
g  tho  know- 
e  are  indebt- 
ho  form  of 
br  us.  ..Ir. 
Vmcfica,  the 
tate,  my  he- 
rations,  my 
senatorial, 
life;  and  a 
ion  mingles 
duty  to  his 


> 


ADMINISTRATION  OF  ANDREW  JACKSON. 


CHAPTER   XL. 

COMMENCEMENT   OF  OENERAL    JACKSON'S    AD- 
MINISTRATION. 

On  the  4th  of  March,  1829,  the  now  President 
was  inougurated,  with  tho  usual  ceremonies, 
and  delivered  the  address  which  belongs  to  the 
occasion ;  and  which,  like  all  of  its  class,  was  a 
general  declaration  of  tho  political  principles  by 
which  tho  new  administration  would  be  guided. 
The  general  terms  in  which  such  addresses  are 
necessarily  conceived  preclude  tho  pcssibility  of 
minute  practical  views,  and  leave  to  time  and 
events  the  qualiflcation  of  tho  general  dcclaratjpns. 
Such  declarations  aro  always  in  harmony  with 
tho  grounds  upon  which  tho  new  President's 
election  had  been  made,  and  generally  agreeable 
to  his  supporters,  without  being  repulsive  to  his 
opponents ;  harmony  and  conciliation  being  an 
especial  object  with  every  new  administration. 
So  of  General  Jackson's  inaugural  address  on 
this  occasion.  It  was  a  general  chart  of  demo- 
cratic principles ;  but  of  which  a  few  paragraphs 
will  bear  reproduction  in  this  work,  as  being 
either  new  and  strong,  or  a  revival  of  good  old 
principles,  of  late  neglected.  Thus:  as  a  military 
man  his  election  had  been  deprecated  as  possibly 
leading  to  a  military  administration :  on  the  con- 
trary he  thus  expressed  himself  on  the  subject 
of  standing  armies,  and  subordination  of  the 
military  to  the  civil  authority:  "Considering 
standing  armies  as  dangerous  to  free  govern- 
ment, in  time  of  peace,  I  shall  not  seek  to  en- 
large our  present  establishment ;  nor  disregard 


that  salutary  lesson  of  political  experience  which 
teaches  that  tho  military  should  bo  held  subor- 
dinate to  tho  civil  power. "     On  tho  cardinal 
doctrine  of  economy,  and  freedom  from  public 
debt,  ho  said :  "  Under  every  asiject  in  which  it 
can  bo  considered,  it  would  appear  that  advantage 
must  result  from  tho  observance  of  a  strict  and 
faithful  economy.    This  I  shall  aim  at  the  more 
anxiously,  both  because  it  will  facilitate  the  ex- 
tinguishment of  the  national  debt — tho  unneces- 
sary duration  of  which  is  incompatible  with  real 
independence; — and  because  it  will  counteract 
that  tendency  to  public  and  private  profligacy 
which  a  profuse  expenditure  of  money  by  tho 
government  is  but  too  apt  to  engender."     Reform 
of  abuses  and  non-interference  with  elections, 
were  thus  enforced :  "  The  recent  demonstration 
of  public  sentiment  inscribes,  on  the  list  of  ex- 
ecutive duties,  in  characters  too  legible  to  be 
overlooked,  tho  task  of  reform,  which  will  re- 
quire, particularly,  the  correction  of  those  abuses 
that  have  brought  the  patronage  of  tho  federal 
government  into  conflict  with  the  freedom  of 
elections. "    The  oath  of  office  was  administered 
by  the  venerable  Chief  Justice,  Marshall,  to  whom 
that  duty  had  belonged  for  about  thirty  years. 
The  Senate,  according  to  custom,  having  been 
convened  in  extra  session  for  tho  occasion,  tho 
cabinet  appointments  were  immediately  sent  in 
and  confirmed.    They  were,  Martin  Van  Buren, 
of  New-York,  Secretary  of  State  (Mr.  James  A. 
Hamilton,  of  New-York,  son  of  the  late  General 
Hamilton,  being  charged  with  the  duties  of  the 
office  until  Mr.  Van  Buren  could  enter  upon 
them) ;  Samuel  D.  Ingham,  of  Pennsylvania) 


» 


'^fdi^.fJr.tfitnii 


M;. 


Hi 


iV    •i 


1 1 


m 


19.0 


TIIIR'P'  YEARS'  VTKW. 


Secretary  of  the  Tie.iKury  ;  Jolin  II.  Eaton,  of 
Tennessee,  Secretary  at  War;  John  Branch,  of 
North  Carolina,  Secretaiy  of  the  Navy  ;  John  M. 
Berrien,  of  Georgia,  Attorney  General ;  'William 
T.  Barry,  of  Kentucky,  Postmaster  General  ; 
those  who  constituted  the  late  cabinet,  under 
Mr,  Adams,  only  one  of  them,  (Mr.  John 
McLean,  the  Postmaster  General,)  classed  poli- 
tically with  General  Jackson ;  and  a  vacancy 
having  occurred  on  the  bench  of  the  Supreme 
Court  by  the  death  of  Mr.  Justice  Trimble,  of 
Kentucky,  iMr.  McLean  was  appointed  to  fill  it ; 
and  a  further  vacancy  soon  after  occurring:,  the 
death  of  Mr.  Justice  Bushrod  AVashington 
(nephew  of  General  Washington),  Mr.  Henry 
Baldwin,  of  Pennsylvania,  was  appointed  in  his 
l>liU'e.  The  Twenty-first  Congress  dated  the 
commencement  of  its  legal  existence  on  the  day 
of  the  commencemerit  of  the  new  admiuistration , 
and  its  members  were  as  follows : 

8KNATE. 

^TA^KE — John  Holmes,  Peleg  Sprague. 

\;:w  IIami'shikk — Samuel  Bell,  Levi  Wood- 
'-iry. 

Massachusetts — Nathaniel  Silsbee,  Daniel 
Webster. 

Connecticut — Samuel  A.  Foot,  Calvin  Willey. 

Rhode  Island — Nehemiah  11.  Knight,  Asher 
Robbins. 

Vermont — Dudley  Chase,  Horatio  Seymour. 

New-York — Nathan  Sanford,  Charles  E.  Dud- 

New  Jersey — Theodore  Frelinghuysen,  Mah- 
lon  Dickerson. 

Pknhsylvania — William  Marks,  Isaac  D. 
Bamanl. 

Dlt^.<  WARE — John  M.  Clayton,  (  Vacant.) 

Mar  "LAND — Samuel  Smith,  Ezokiei  F.  Cham- 
bers. 

ViR  J  MA — L.  W.  Tazewell,  John  Tyler. 

Nor  'h  Carolina — James  Iredell,  *(  Vacant.) 

SouTiv  Carolina — William  Smith,  Uobert  Y. 
Hayne. 

Georgia  -George  M.  Troup,  John  Forsyth. 

Kentuck  i' — John  Rowan,  George  M.  Bibb. 

TENNi;r--,EE — Hugh  L.  White,  Felix  Grumlj'. 

Ohio — Benjamin  Ruggles,  Jacob  Burnet. 

Lru/siANA — Josiah  S  Jolinston,  Edward  Liv- 

1^T//ANA — William  Hendricks,  James  Noble. 
Mi  ?issippi — Powhatan  Ellis,  (  Vacant.) 
Ill   "jis — Elia?  K.  Kane,  John  McLane. 
A  la'jama — John  McKinlcy,  William  R.  King. 
Missouri — David  Barton,  Thomas  H.  Benton. 

nCiUSB   OF  EEPEESENTAT.'VES. 

Ma  »*; — John  Anderson,  Samuel  Butman, 
Geovge  Evans,  Rufus  Mclntire,  James  W.  Ripley, 
Jo.^eph  F.  Wingatc — 6.    (One  vacant.) 


New  IIa.mpshire — Jolm  BrodheaJ  Thomas 
Chandler,  Jo.ssph  Ilammons,  Jonathan  i^irvcv 
Henry  Hubbard,  John  W.  Week.s— G. 

Massachusetts — John  Bailey,  Issac  C.  Bates, 
B.  W.  Crowninshield,  John  Davis,  Henry  AV. 
Dwight,  Edwanl  Everett,  Benjamin  Gorhain, 
George  GrenncU,  jr.,  James  L.  Hodges,  Jcseph 
G.  Kendall,  John  Reed,  Jo.seph  Richardson, 
John  Vamum — 13. 

Rhode  Island — Tristam  Burgess,  Dutce  J. 
Pearce — 2. 

Connecticut — Noycs  Barber,  Wm.  W.  Ells- 
woith,  J.  W.  Huntington,  Ralph  J.  Ingersoll 
W.  L.  Storrs,  Eben  Young -C.  ' 

Vermont — William  Cahoon,  Horace  Everett 
Jonathan  Hunt,  Rollin  C.  Mallary,  Benjamin 
Swift — 5. 

New-Yohk — William  O.  Angel,  Benedict  Ar- 
nold, Thomas  Beekman.  Abraham  Bockee,  Peter 
I.  Borst,  C.  C.  Cambreleng,  Jacob  Crocheron, 
Timothy  Childs,  Henry  B.  Cowles,  Hector  Craig. 
Charles  G.  Dewitt,  Join.  D.  Dickinson,  Jonas 
Earll.  jr.,George  Fislier,  Isaac  Finch.  Michael  Hoff- 
man, Joseph  Hawkins,  Jehiel  II.  Ilalsey,  Perkins 
King,  James  W.  Lent,  John  Magee,  Henry  C. 
Martindale,  Robert  Monell,  Thomas  Maxwell,  E. 
Norton,  Gershom  Powers,  Robert  S.  Rose,  Hen- 
ry R.  Storrs,  James  Strong,  Ambrose  Spencer. 
John  W.  Taylor,  Phineas  L.  Tracy,  Gulian.  C. 
Verplanck,  Campbell  P.  White— 34. 

New  Jersey — Lewis  Condict,  Richard  M. 
Cooper,  Thomas  H.  Hughes,  Isaac  Pierson 
James  F.  Randolph,  Samuel  Swan — G. 

Pennsylvania — James  Buchanan,  Richard 
Coulter,  Thomas  H.  Crawford,  Joshua  Evans. 
Chauncey  Forward,  Joseph  Fry,  jr.,  James  Ford, 
Innes  Green,  John  Gilmorc,  Joseph  Hemphill, 
Peter  Ihrie,  jr.,  Thomas  Irwin,  Adam  King, 
George  G.  Leiper,  H.  A.  Muhlenburg,  Alem 
Marr.  Daniel  H.  Miller,  William  McCreery,  Wil- 
liam Hiuiisay,  John  Scott,  Philander  Stephens, 
John  B.  Sterigerc,  Joel  B.  Sutherland,  Samuel 
Smith,  Thomas  H.  Sill— 25.    {One  cucant.) 

Delaware — Kensy  Johns,  jr. — 1. 

Maryland — Elias  Brown.  Clement  Dorsej', 
Benjamin  C.  Howard,  George  E.  Mitchell,  Mi- 
chael C.  Sprigg,  Benedict  I.  Semmes,  Richard 
Spencer,  George  C.  Washington,  Ephraim  K. 
Wilson— 9. 

Virginia — Mark  Alexander,  Robert  Allen, 
Wm.  S.  Archer,  Wm.  Armstrong,  jr.,  John  S. 
Barbour,  Philip  P.  Barbour,  J.  T.  Bouhling, 
Richard  Coke,  jr.,  Nathaniel  H.  Claiborne, 
Robert  B.  Craig,  Philip  Doddridge,  Thomas 
Davenport,  William  F.  Gordon,  Lewis  Max- 
well, Charles  F.  Mercer,  William  McCoy, 
Thomas  Newton,  John  Roane,  Alexander  Smyth, 
Andrew  Stevenson,  John  Taliaferro,  James 
Trezvant— 22. 

North  Carolina — ^Willis  Alston,  Daniel  L. 
Barringcr,  Samuel  P.  Carson,  H.  AV.  Conner, 
Edmund  Deberry,  Edward  B.  Dudley,  Thomas 
H.  Hall,  Robert  Potter,  William  B.  Shepard, 
Augustine  II.  Shepperd,  Jesse  Speight,  Lewis 
Wiliiams — 12.    {One  vacant.) 


South  C 
Blair,  Johi 
Ham  Dray 
McDuffie, 
—9. 

Georgia 
Haynes,  A\ 
Wiley  Thoi 
Wayne — 7. 

Kentuck 
Thomas  Ch 
R.  M.  John 
Chittenden 
A.  Wickliffl 

Tennessi 
Crockett,  R 
.Johnson,  P 
Standifer — ! 

Ohio — M 
William  C 
GoodenoWj 
Russell,  Wi 
Thomson,  J 
Elisha  Whil 

Louisian 
ton,  Edwart 

Indiana- 
lohn  Test- 

Alaba.ma 
on  H.  Lewis 

MississiPi 

Illinois- 

MlSSOURI- 


Michioam 

Arkansas 
Florida  ' 

Andrew  S 
speaker  of  tl 
191 ;  and  h( 
Jackson,  thi 
small  one  aj 
tlirown  awa; 
didates),  anr 
the  people,  ii 
tion — and  s 
not  military 
election. 


FinST  ANNt 
TOTI 

THfi  first  « 
being   alwo 


t 


licaiJ   Thomas 

-0.  ^' 

ssac  C.  Bates, 
s,  Jlenry  W. 
nin  Gorhain, 
odges,  Joseph 
1   Richardson, 

BS9,  Dutce  J. 

Vm.  W.  Ells- 
J.  Ingersoll, 

)race  Everett, 
ry,  Benjamin 

Benedict  Ar- 
Bockee,  Peter 
t)  Crocheron, 
[lector  Craig. 
\inson,  Jonas 
Miciiael  lIolF- 
Isey,  Perkins 
■ee,  Henry  C. 
!  Maxwell,  E. 
5.  Kose,  Hen- 
lose  Spencer. 
y,  Gulian.  C. 
l. 

Richard  M. 
aac  Picrson, 
hG. 

lan,  Richard 
)shua  Evans, 

James  Ford, 
)h  Hemphill, 
:\dam   King, 

burg,  Alem 
Crcery,Wil- 
er  Stephens, 
and,  Samuel 

cuaint.) 

ent  Dorsey, 
litchell,  Mi- 
nes, Richard 
Kphraim  K. 


If' 


jbcrt  iVllen, 
.John  S. 
Boulding, 
Claiborne, 
je,  Thomas 
ewis  Max- 
m  McCoy, 
iider  Smyth, 
rro,    James 

Daniel  L. 
V.  Conner, 
cy,  Thomas 
B.  Shepard, 
ight,  Lewiii 


ANNO  1829.    ANDREW  JACKSON,  PRESIDENT. 


121 


South  Carolina — Robert  W.Barnwell,  James 
Blair,  John  Campbell,  Warren  R.  Davis,  Wil- 
liam Drayton,  William  D.  Martin,  George 
McDuffle, ■William  T.  Nuckolls,  Starling  Tucker 
-9. 

Gkoroia — Thomas  F.  Forstcr,  Charles  E. 
Haynes,  Wilson  Lumpkin,  Henry  G.  Lamar, 
Wiley  Thompson,  Richard  H.  AVilde,  James  M. 
Wayne — 7. 

Kentucky — James  Clark,  N.  D.  Coleman, 
Thomas  Chilton,  Henry  Daniel,  Nathan  Gaither, 
R.  M.  Johnson,  John  Kinkaid,  Joseph  Lecomptc, 
Chittenden  Lyon,  Robert  P.  Letcher,  Charles 
A.  Wickliffo,  Joel  Yancey— 12. 

Tennessee — John  Blair,  John  Bell,  David 
Crockett,  Robert  Desha,  Jacob  C.  Isacks,  Cave 
Johnson,  Pryor  Lea,  James  K.  Polk,  James 
Standifer— 9. 

Ohio — Mordecai  Bartley,  Joseph  H.  Crane, 
William  Creighton,  James  Findlay,  John  IL 
Goodenow,  Wm.  W.  Irwin,  Wm.  Kennon,  Wm. 
Russell,  William  Stanberry,  James  Shields,  John 
Thomson,  Joseph  Vance,  Samuel  F.  Vinton, 
Elisha  Whittlesey— 14. 

Louisiana — Henry  H.  Gurley,  W.  11.  Over- 
ton, Edward  D.  White— 3. 

Indiana — Ratliff  Boon,  Jonathan  Jennings, 
Mm  Test— 3. 

Alabama— R.  E.  B.  Baylor,  C.  C.  Clay,  Dix- 
on H.  Lewis. — 3. 

Mississippi — Thomas  Hinds — 1. 

Illinois — Joseph  Duncan — 1. 

Missouri — Spencer  Pettis — 1 

DELEO  ATE8. 

Michigan  Territory — John  Biddle — 1. 
Arkansas  Territory — A.  II.  Sevier — 1. 
Florida  Territory— Joseph  M.  White— 1. 

Andrew  Stevenson,  of  Virginia,  was  re-elected 
speaker  of  the  House,  receiving  152  votes  out  of 
191 ;  and  he  classing  politically  with  General 
Jackson,  this  largo  vote  in  his  favor,  and  the 
small  one  against  him  (and  that  scattered  and 
thrown  away  on  several  different  names  not  can- 
didates), announced  a  pervading  sentiment  among 
the  people,  in  harmony  with  the  presidential  elec- 
tion— and  showing  that  political  principles,  and 
not  military  glare,  hcd  produced  the  G-  neral's 
election. 


CHAPTER   XL  I. 

FIRST  ANNUAL  MESSAGE  OP  GENERAL  JACKSON 
TO  THE  TWO  HOUSES  OF  CONGKEeS. 

THfi  first  annual  message  of  a  new  President, 
being   always  a  recommendation  of  practical 


measures,  is  looked  to  with  more  interest  than 
the  inaugural  address,  confine<i  as  this  latter 
must  be,  to  a  declaration  of  general  principles. 
That  of  General  Jackson,  delivered  the  8th  of 
December,  1829,  was  therefore  anxiously  loolrcd 
for ;  and  did  not  disappoint  the  public  expecia- 
tion.  It  was  strongly  democratic,  and  contained 
many  recommendations  of  a  nature  to  simplify, 
and  purify  fhe  working  of  the  government,  and 
to  carry  it  back  to  the  times  of'Mr.  Jefferson — 
to  promote  its  economy  and  cfBciency,  and  to 
maintain  the  rights  of  tho  people,  and  of  the 
States  in  its  administration.  On  the  subject  of 
electing  a  President  and  Vice-President  of  the 
United  States,  he  spoke  thus : 

"  I  consider  it  one  of  the  most  urgent  of  my 
duties  to  bring  to  your  attention  the  propriety 
of  amending  that  part  of  our  Constitution  which 
relates  to  the  election  of  President  and  Vice- 
President.  Our  system  of  government  was,  by 
its  framers,  deemed  an  experiment ;  and  they, 
therefore,  consistently  provided  a  mode  of  reme- 
dying its  defects. 

"  To  the  people  belongs  the  right  cf  electing 
their  chief  magistrate:  it  was  never  designed 
that  their  choice  should,  in  any  case,  be  defeated, 
either  by  the  intervention  of  electoral  colleges, 
or  by  the  agency  conCded,  under  certain  contin- 
gencies, to  the  House  of  Representatives.  Expe- 
rience, proves,  that,  in  proportion  aa  agents  to 
execute  the  will  of  tho  people  are  multiplied, 
there  is  danger  of  their  wishes  being  frustrated. 
Some  may  be  unfaithful :  all  are  liable  to  err. 
So  far,  thereforcj  as  the  people  can,  with  conve- 
nience, speak,  it  is  safer  for  them  to  express  their 
own  will. 

'•  In  this,  as  in  all  other  matters  of  public  con- 
cern, policy  requires  that  as  few  impediments  as 
possible  .should  exist  to  the  fiee  operation  of  the 
public  will.  Let  us,  then,  endeavor  so  to  amend 
our  system,  as  that  the  ofBc »  of  chief  ma^'istrate 
may  not  be  conferred  upon  any  citizen  but  in 
pursuance  of  a  fair  expression  of  the  will  of  the 
majority. 

"I  would  therefore  recommend  such  an  amend- 
ment of  the  constitution  as  may  remove  all  in- 
termediate agency  in  the  election  of  President 
and  Vice-President.  The  mode  may  be  so  I^^;u- 
lated  as  to  preserve  to  each  State  its  present 
relative  weight  in  the  election;  and  a  failur.:; 
in  the  first  attempt  may  be  provided  for,  by  con- 
fining the  second  to  a  choice  between  the  two 
highest  candidates.  In  connection  with  such  an 
amendment,  it  would  seem  atlvisable  to  limit  the 
service  of  tlie  chief  magistrate  to  a  single  term, 
of  cither  four  or  six  years.  If,  however,  it  should 
not  be  adopted,  it  is  worthy  of  consideration 
whether  a  provision  disqualifying  for  office  the 
Representatives  in  Congress  on  whom  such  an 
election  may  have  devolved,  would  not  be 
i^  roper." 


§ 


122 


THIRTY  YEARS'  VIEW. 


&, 


ih!  I 


11"^ 


This  recommendation  in  relation  to  our  elec- 
tion system  has  not  yet  been  carried  into  effect, 
though  doubtless  in  harmony  with  the  principles 
of  our  government,  necessary  to  prevent  abuses, 
and  now  generally  demanded  by  the  voice  of  the 
people.  But  the  initiation  of  aiiicndments  to  the 
federal  constitution  is  too  far  removed  from  the 
people.  It  is  in  the  hands  of  Congress  and  of 
Ih"  State  legislatures ;  but  even  there  an  almost 
impossible  majority — that  of  two  thirds  of  each 
House,  or  two  thirds  of  the  State  legislatures — 
is  required  to  commence  the  amendment;  and  a 
still  more  difficult  majority — that  of  three 
fourths  of  the  States — to  complete  it.  Hitherto 
all  attempts  to  procure  the  desired  amendment 
has  failed ;  but  the  friends  of  that  reform  should 
not  despair.  The  great  British  parliamentary 
reform  was  only  obtained  after  forty  years  of 
annual  motions  in  parliament ;  and  forty  years 
of  organized  action  upon  the  public  mind  through 
societies,  clubs,  and  speeches;  and  the  incessant 
action  of  the  daily  and  periodical  press.  In  the 
mear.time  events  are  becoming  more  impressive 
ad .  ycatcs  for  this  amendment  than  any  language 
could  be.  The  selection  of  President  has  gone 
from  the  hands  of  the  people — usurped  by  irre- 
sponsible and  nearly  self-constituted  bodies — in 
which  the  selection  becomes  the  result  of  a  jug- 
gle, conducted  by  a  few  adroit  managers,  who 
baffle  the  nomination  until  they  are  able  to 
govern  it,  and  to  substitute  their  own  will  for 
that  of  the  people.  Perhaps  another  example  is 
not  upon  earth  of  a  free  people  voluntarily  relin- 
quishing the  elective  fran oliise,  in  a  case  so  great 
as  that  of  electing  their  own  chief  magistrate, 
and  becoming  tho  passive  followers  of  an  irre- 
sponsible body — juggled,  and  baffled,  and  govern- 
ed by  a  few  dextrous  contrivers,  always  looking 
to  their  own  interest  in  the  game  wliich  they 
play  in  putting  down  and  putting  up  men. 
Certainly  the  convention  system,  now  more  un- 
fair and  irr  ^sponsible  than  the  exploded  congress 
caucus  system,  must  eventually  share  the  same 
fate,  and  be  consigned  to  oblivion  and  disgrace. 
In  the  meantime  the  friends  of  popular  election 
should  press  the  constitutional  amendment  which 
would  give  the  Presidential  election  to  the  peo- 
ple, and  discard  the  use  of  an  intermediate  body 
which  disregards  the  public  will  and  reduces  the 
people  to  the  condition  of  political  automatons. 

Closely  allied  to  this  proposed  reform  was 
another  recommended  by  the  President  in  rela- 


tion to  members  of  Congress,  and  to  exclude 
them  generally  from  executive  appointments- 
and  especially  from  appointments  conferred  by 
the  President  for  whom  they  voted.  The  evil 
is  the  same  whether  the  niomber  votes  in  tho 
House  of  Representatives  when  the  election  goes 
to  that  body,  or  votes  and  manages  in  a  Congress 
caucus,  or  in  a  nominating  convention.  The  act 
in  either  case  opens  the  door  to  corrupt  practiccj;  • 
and  should  be  prevented  by  legal,  or  constitu- 
tional enactments,  if  it  cannot  be  restrained  by 
the  feelings  of  decorum,  or  repressed  by  public 
opinion.  On  this  point  the  message  thus  recom- 
mended : 

"  While  members  of  Congress  can  be  consti- 
tutionally appointed  to  offices  of  trust  and  profit, 
it  will  be  the  practice,  even  under  the  most  con- 
scientious adherence  to  duty,  to  select  them  for 
such  stations  as  they  are  believed  to  be  better 
qualified  to  fill  than  other  citizens ;  but  the 
purity  of  our  government  would  doubtless  ba 
promoted  by  thcli'  exclusion  from  all  appoint- 
ments in  the  gift  of  the  President  in  whose  oloo- 
tion  they  may  have  been  officially  concerned.  Tlio 
nature  of  the  judicial  office,  and  the  necessity 
of  securing  in  the  cabinet  and  in  diplomatic  sta- 
tions of  the  highest  rank,  the  best  talents  and 
political  experience,  should,  perhaps,  except  these 
from  the  exclusion. 

On  the  subject  of  a  navy,  the  message  con- 
tained sentiments  worthy  of  the  democracy  in  its 
early  day,  and  when  General  Jackson  was  a 
member  of  the  United  States  Senate.  The  re- 
publican party  had  a  policy  then  in  respect  to 
a  navy:  it  was,  a  navy  for  defenck,  instead  of 
CONQUEST ;  and  limited  to  the  protection  of  our 
coasts  and  commerce.  That  policy  was  im- 
pressively set  forth  in  the  celebrated  instructions 
to  the  Virginia  senators  in  the  year  1800,  in 
which  it  was  said : 

"  With  respect  to  the  navy,  it  may  be  proixar 
to  remind  you  that  whatever  may  be  the  pro- 
posed object  of  its  establishment,  or  whatever 
may  be  the  prospect  of  temporary  advantages 
resulting  therefrom,  it  is  demonstrated  by  the 
experience  of  all  nations,  who  have  ventured  far 
into  naval  policy,  that  such  prospect  is  ultimate- 
ly delusive  ;  and  that  a  navy  has  ever  in  practice 
been  known  more  as  an  uistrument  of  power, 
a  source  of  expense,  and  an  occasion  of  collisions 
and  wars  with  other  nations,  than  as  an  instru- 
ment of  defence,  of  economy,  or  of  protection  to 
commerce." 

These  wore  the  doctrines  of  tho  repub'ican 
party,  in  the  early  stage  of  our  government — in 
the  great  days  of  Jefferson  and  his  compeers. 


We  had  a  po 
judgment,  an 
and  not  for 
finable  to  a  1 
their    dcfens 
aiming  at  the 
was  overthr 
combats  duri 
navy  became 
of  its  cost  a 
good  fightin{ 
cfiect  on  the 
well  also,  an 
subverting  tl 
armies  in  tii 
down  in  pea 
peace.      In   i 
found  the  t'v< 
reduced  by 
large  body  to 
although  illui 
fusing  to  rccc 
from  a  small 
during  the  j 
ship-building 
down  the  acti 
going  on  for 
to  his  army  p 
son  in  relati( 
pause  in  the 
rotting.    He 
the  further  bi 
second  class- 
with  a  collcc 
and  the  limiti 
ject  of  comm 
include  coast 
shown  him  t! 
the  land.     Ir 
policy ;  and 
publicans  of 
ginia  made 
1800  ;   and  ' 
victories,  had 
and  endless 
peaceful  ship 

"  In  time  c 
sliips  of  war 
of  our  comn 
object  must 
proper  covei 
under  the  b 
tiOD]  must  so( 


id  to  exclude 
ippointments; 
conferred  by 
ted.  The  evil 
'  votes  in  tho 
2  election  goes 
in  a  Congress 
:ion.  The  act 
upc  practices ; 
1,  or  con.stitu- 
restraincd  by 
3ed  by  public 
B  thus  recom- 

an  be  const  i- 
ist  and  profit, 
the  most  con- 
Icct  them  for 
to  be  better 
ns;  but  tho 
doubtless  bo 
'  all  appoint- 
1  whose  eloo- 
ncerned.  Tho 
he  necessity 
plomatic  sta- 
'  talents  and 
,  except  thcso 

nessage  con- 
locracy  in  its 
ikson  was  a 
te.  The  re- 
n  respect  to 
;,  instead  of 
(ction  of  our 
cy  was  im- 
instructions 
ear  1800,  in 

y  he  proixjr 
be  tlie  pro- 
ir  whatever 

advantages 
ited  by  tho 
entured  far 
is  ultimate- 

in  practico 

of  power, 
>f  collisions 

an  instru- 
otection  to 

rcpub'ican 

Timent — in 

compeers. 


ANNO  1829.     ANDREW  JACKSON,  PRESIDENT. 


123 


We  had  a  policy  then — the  result  of  thought,  of 
judgment,  and  of  experience :  a  navy  for  defence, 
and  not  for  conquest :  and,  consequently,  con- 
finable  to  a  limited  number  of  ships,  adequate  to 
their  defensive  object— instead  of  thousands, 
aiming  at  tho  dominion  of  the  seas.  That  policy 
was  overthrown  by  tho  success  of  our  naval 
combats  during  the  war ;  and  the  idea  of  a  great 
navy  became  popular,  without  any  definite  view 
of  its  cost  and  consequences.  Admiration  for 
good  fighting  did  it,  without  having  the  same 
effect  on  the  military  policy.  Our  army  fought 
well  also,  and  excited  admiration ;  but  without 
subverting  the  policy  which  interdicted  standing 
armies  in  time  of  peace.  The  army  was  cut 
down  in  peace :  the  navy  was  building  up  in 
peace.  In  this  condition  President  Jackson 
found  the  two  branches  of  the  service — the  army 
reduced  by  two  successive  reductions  from  a 
large  body  to  a  very  small  one — (1000  men — ^.nd 
although  illustrated  with  military  glory  yet  re- 
fusing to  recommend  an  army  increase :  the  navy, 
from  a  small  one  during  the  war,  becoming  large 
during  the  peace — gradual  increase  tlie  law — 
ship-building  the  active  process,  and  rotting 
down  the  active  effect ;  and  thus  wc  have  been 
going  on  for  near  forty  years.  Correspondent 
to  his  array  policy  was  that  of  President  Jack- 
son in  relation  to  the  navy  ;  he  proposed  a 
pause  in  the  process  of  ship-building  and  ship- 
rotting.  He  recommended  a  total  cessation  c'" 
the  further  building  of  vessels  of  the  first  and 
second  class — sliips  of  the  lino,  and  frigates — 
with  a  collection  of  materials  for  future  use — 
and  the  limitation  of  our  naval  policy  to  the  ob- 
ject of  commercial  protection.  lie  did  not  even 
include  coast  defence,  his  experience  having 
shown  him  that  tne  men  on  shore  could  defend 
the  land.  In  a  word,  he  recommended  a  naval 
policy ;  and  that  was  the  same  which  the  re- 
publicans of  1798  had  ai'.  )pted,  and  which  Vir- 
ginia made  obligatory  unon  her  senators  in 
1800  ;  and  which,  under  the  blaze  of  shining 
victories,  had  yielded  to  the  blind,  and  aimless, 
and  endless  operation  of  building  and  rotting 
peaceful  ships  of  war.    He  said  : 

"  In  time  of  peace,  wc  have  need  of  no  more 
ships  of  war  than  are  requisite  to  the  protection 
of  our  commerce.  Those  not  wanted  for  this 
object  must  lay  in  the  harbors,  where,  without 
pro|)er  covering,  they  rapidly  decay  ;  and,  even 
under  the  best  precautions  for  their  preserva- 
tion, must  soon  become  useless.    Such  is  already 


the  case  with  many  of  our  finest  vessels ;  which, 
though  unfinishofi,  will  now  require  immense 
sums  of  money  to  be  restored  to  the  condition 
in  which  they  were,  when  committed  to  their 
proper  clement.  On  this  subject  there  can  be 
but  little  doubt  that  our  best  policy  would  be, 
to  discontinue  the  building  of  ships  of  the  first 
and  pccond  class,  and  look  rather  to  the  in>s- 
sessi  1  of  ample  materials,  prepared  for  tho 
emr .  gencies  of  war,  than  to  tho  number  of  ves- 
sels which  ve  can  float  in  a  season  of  peace,  as 
the  index  of  our  naval  power." 

This  was  written  twenty  years  ago,  and  by  a 
President  who  saw  what  he  described — many  of 
our  finest  ships  going  to  decay  before  they  were 
finished — demanding  repairs  before  they  had 
sailed — and  costing  millions  for  which  there  was 
no  return.  We  have  been  going  on  at  the  same 
rate  ever  since — building,  and  rotting,  and  sink- 
ing millions ;  but  little  to  show  for  forty  years 
of  ship-oarpentry ;  and  that  little  nothing  to  do 
but  to  cruise  where  there  is  nothing  to  catch, 
and  to  carry  out  ministers  to  foreign  courts  who 
arc  not  quite  equal  to  tho  Franklins,  Adamses 
and  Jeffersons — tho  Pinckncys,  llufus  Kings, 
and  Marshalls — the  Clays,  Gallutins  and  Baj'- 
ards — that  went  out  in  common  merchant  ves- 
sels. Mr.  Jefferson  told  me  that  this  would  bo 
the  case  twenty-five  years  ago  when  naval  glory 
overturned  national  policy,  and  when  a  navy 
board  was  created  to  facilitate  ship-construction. 
But  this  is  a  subject  which  will  require  a  chapter 
of  its  own,  and  is  only  incidentally  mentioned 
now  to  remark  that  we  have  no  policy  with  re- 
spect to  a  navy,  and  ought  to  have  one — ♦hat 
there  is  no  middle  point  between  defence  and 
conquest — and  no  sequence  to  a  conquering  navy 
Lilt  wars  with  the  world, — and  the  debt,  taxes, 
pension  list,  and  paup;^r  list  of  Great  Britain. 

The  inutility  of  a  Bank  of  the  United  States 
as  a  furnisher  of  a  sound  and  uniform  currency, 
and  of  questionable  origin  under  our  constitution, 
was  thus  stated : 

"  The  charter  of  tho  Bank  of  the  United  States 
expires  in  1836,  and  its  stockholders  will  most  pro- 
bably apply  for  a  renewal  of  tlu  ir  jjrivileges.  In 
order  to  avoid  the  evils  resulting  from  precipi- 
tancy in  a  measure  involving  such  important 
principles,  and  such  deep  pecuniary  interests,  I 
feel  that  I  cannot,  in  Justice  to  the  jjurties  inter- 
ested, too  soon  present  it  to  the  deliberate  con- 
sideration of  the  legislature  and  the  people. 
Both  tho  c«nstitutiona!ity  and  the  expediency  of 
the  law  creating  this  bank,  are  well  qu  - 
tioncd  by  a  largo  portion  of  our  fellow-citizens ; 
and  it  must  be  admitted  by  all,  that  it  has  failed 


hi 


■  I' 


'1^^!'-  '^k 


124 


THIRTY  YEMIS'  VIEW. 


mm 


in  the  great  end  of  establishing  a  uniform  and 
Bound  currency." 

This  is  the  clause  which  party  spirit,  and 
bank  tactics,  perverted  at  the  time  (and  which 
has  gone  into  history),  into  an  attack  upon  the 
bank — a  war  upon  the  bank — with  a  bad  mo- 
tive attributed  for  a  war  so  wanton.  At  the 
•ame  time  nothing  could  be  more  fair,  and  just, 
and  more  in  consonance  with  the  constitution 
which  requires  the  President  to  make  the  legis- 
lative recommendations  which  he  believes  to  be 
proper.  It  was  notice  to  all  concerned — the 
bank  on  one  side,  and  the  people  on  the  other — that 
there  would  be  questions,  and  of  high  import — 
constitutionality  and  expediency — if  the  present 
corporators,  at  the  expiration  of  their  charter, 
should  apply  for  a  renewal  of  their  privileges. 
It  was  an  intimation  against  the  institution,  not 
against  its  administrators,  to  whom  a  compliment 
was  paid  in  another  part  of  the  same  message,  in 
ascribing  to  the  help  of  their  "judicious  arrange- 
ment "  the  averting  of  the  mercantile  pressure 
which  might  otherwise  have  resulted  from  the 
cuddcn  withdrawal  of  the  twelve  and  a  half  mil- 
lions which  had  just  been  taken  from  the  bank  and 
applied  to  the  payment  of  the  public  debt.  But  of 
this  hereafter.  The  receipts  and  expenditures  were 
itated,  respectively,  for  the  preceding  year,  and 
estimated  for  the  current  year,  the  former  at  a 
fraction  over  twenty-four  and  a  half  millions — 
the  latter  a  fraction  over  twenty-six  millions — 
with  large  balances  in  the  treasury,  exhibiting 
the  constant  financial  paradox,  so  difficult  to  be 
understood,  of  permanent  annual  balances  "vith 
an  even,  or  even  deficient  revenue.  The  passage 
of  the  message  is  in  these  words : 

"  The  balance  in  the  treasury  on  the  1st  of 
January,  1829,  was  five  millions  nine  hundred 
and  seventy-two  thousand  four  hundred  and 
thirty-five  dollars  and  eighty-one  cents.  Thlft 
receipts  of  the  current  year  are  estimated  at 
twenty-four  millions,  six  hundred  and  two  thou- 
sand, two  hundred  and  thirty  dollars,  and  the 
expenditures  for  the  same  time  at  twenty-six 
millions  one  hundred  and  sixty-four  thousand 
five  hundred  and  ninety-five  dollars ;  leaving  a 
balance  in  the  treasury  on  the  1st  of  January 
next,  of  four  millions  four  hundred  and  ten  thou- 
sand and  seventy  dollars,  eighty-one  cents." 

Other  recommendations  contained  ihe  sound 
democratic  doctrines — speedy  and  entire  extinc- 
tion of  the  public  debt — reduction  of  custom- 
house duties— equal  and  fair  incidental  protec- 
tion to  the  great  national  interests  (agriculture, 
manufactures  and  commerce) — the  disconnection 


of  politics  and  tariffs — and  the  duty  of  retrench- 
ment by  discontinuing  and  abolishing  all  useless 
offices.  In  a  word,  it  was  a  message  of  the  old 
republican  school,  in  which  President  Jackson 
had  been  bred ;  and  from  which  he  had  never 
departed ;  and  which  encouraged  the  young  dis- 
ciples of  democracy,  and  consoled  the  old  surviv- 
ing fathers  of  that  school. 


CHAPTER    XLII. 

THE  RECOVERY   OF  THE  DIRECT  TRADE  WITU 
THE  BRITISH  WEST  INDIA  ISLANDS. 

The  recovery  of  this  trade  had  been  a  laruc  ob- 
ject with  the  American  government  from  tlie 
time  of  its  establishment.  As  British  colonics 
we  enjoyed  it  before  the  Revolution ;  as  revolted 
colonies  we  lost  it ;  and  as  an  independent  na- 
tion we  sought  to  obtain  it  again.  The  position 
of  these  islands,  so  near  to  our  ports  and  shores 
— the  character  of  the  exports  they  reetived 
from  us,  being  almost  entirely  the  product  of 
our  farms  and  forests,  and  their  large  amount 
always  considerable,  and  of  late  some  four  mil- 
lions of  dollars  per  annum — the  tropical  pro- 
ductions which  we  received  in  return,  and  the 
large  employment  it  gave  to  our  navigation — 
all  combined  to  give  a  cherished  value  to  this 
branch  of  foreign  trade,  and  to  stimulate  our 
government  to  the  greatest  exertions  to  obtain 
and  secure  its  enjoyment ;  and  with  the  advan- 
tage of  being  carried  on  by  our  own  vessels. 
But  these  were  objects  not  easily  attainable, 
and  never  accomplished  until  the  administration 
of  President  Jackson.  All  powers  arc  jealous 
of  alien  intercourse  with  their  colonics,  and  have 
a  natural  desire  to  retain  colonial  trade  in  their 
own  hands,  both  for  commercial  and  political 
reasons ;  and  have  a  perfect  right  to  do  so  if 
they  please.  Partial  and  conditional  admission 
to  trade  with  their  colonies,  or  total  exclusion 
from  them,  is  in  the  discretion  of  the  mother 
country ;  and  any  participatior  Jn  their  trade 
by  virtue  of  treaty  stipulations  or  legislative 
enactment,  is  the  result  of  concession — general- 
ly founded  in  a  sense  of  self-interest,  or  at  best 
in  a  calculation  of  mutual  advantage.  No  less 
than  six  negotiations  (besides  several  attempts 
at  "concerted  legislation")  had  been  carried  on 


between  the  I 
this  subject ; 
General  Jack 
nothing  more 
year,  or  for  ^ 
pled  with  coi 
lege.     It  was 
General  Was 
knowledge  of 
dates  both  th( 
of  getting  adn 
right  of  Grea 
joyment  to  o 
practical  kno 
seen  it  enjoy 
subjects,   lost 
pendent  state 
the  use  and 
recover  it.    It 
foreign  relatio 
becoming  Pre 
his  hand  to  it, 
tober,  1789— j 
tion — in  a  lett 
Oouverneur  ] 
with  his  own 
the  British  go 
mercial  tventy 
that  he  made 
lation  to  alio 
trade.    Privil 
tion  ran  thus 
on  your  mind 
productions  ir 
and  bringing, 
islands  to  ou: 
here  as  of  the 
It  was  a  pr 
gotiation  witl 
instructions  t 
shows  that 
only  asked  a 
and  upon  te 
This  is  so  mi 
of  this  questic 
case,  and  espe 
Senate,  of  w 
tions  through 
ject  was  mad 
to  give  the  i 
ton  to  Mr.  Ji 
these: 


r-HJC 


ANNO  1829.    ANDREW  JACKSON,  PRESIDENT. 


^m 


125 


y  of  retrench- 
ng  all  useless 
go  of  the  old 
lent  Jackson 
iie  had  never 
le  young  dis- 
le  old  surviv- 


I. 

rRADE  WITH 

LANDS. 

n  a  largo  ob- 
int  from  the 
tish  colonics 
;  as  revolted 
?pendent  na- 
The  position 
s  and  shores 
tiey  received 

product  of 
rgo  amount, 
ne  four  niil- 
ropical  pro- 
urn,  and  the 
navigation — 
■alue  to  tliis 
imulatc  our 
IS  to  obtain 
I  the  advan- 
|\vn  vessels. 
■  attainable, 
ministration 
are  jealous 
CR,  and  have 
■ade  in  their 
nd  political 
to  do  so  if 
il  admission 
il  exclusion 
the  mother 
their  trade 

legislative 
n — general- 
.,  or  at  best 
e.  No  loss 
al  attempts 
I  carried  on 


between  the  United  States  and  Great  Britain  on 
this  subject ;  and  all,  until  the  second  year  of 
General  Jackson's  administration,  resulting  in 
nothing  more  than  limited  concessions  for  a 
year,  or  for  ^ort  terms ;  and  sometimes  cou- 
pled with  conditions  which  nullified  the  privi- 
lege. It  was  a  primary  object  of  concern  with 
General  Washington's  administration ;  and  a 
knowledge  of  the  action  then  had  upon  it  eluci- 
dates both  the  value  of  the  trade,  the  difiBculty 
of  getting  admission  to  its  participation,  and  the 
right  of  Great  Britain  to  admit  or  deny  its  en- 
joyment to  others.  General  Washington  had 
practical  knowledge  on  the  ^lubject.  He  had 
seen  it  enjoyed,  and  lost — enjoyed  as  British 
subjects,  lost  as  revolted  colonies  and  inde- 
pendent states — and  knew  its  value,  both  from 
the  use  and  the  loss,  and  was  most  anxious  to 
recover  it.  It  was  almost  the  first  thing,  in  our 
foreign  relations,  to  which  he  put  his  hand  on 
becoming  President ;  and  literally  did  he  put 
his  hand  to  it.  For  as  early  a.s  the  14th  of  Oc- 
tober, 1789 — just  six  months  after  his  inaugura- 
tion— in  a  letter  of  unofficial  instructions  to  Mr. 
Qouvcrneur  Morris,  then  in  Europe,  written 
with  his  own  hand  (requesting  him  to  sound 
the  British  government  on  the  subject  of  a  com- 
mercial tventy  with  the  United  States),  a  point 
that  he  made  was  to  ascertain  their  views  in  re- 
lation to  allowing  us  the  "privilege"  of  this 
trade.  Privilege  was  his  word,  and  the  instruc- 
tion ran  thus .  "  Let  it  be  strongly  impressed 
on  your  mind  that  the  privilege  of  carrying  our 
productions  in  our  own  vessels  to  their  islands, 
and  bringing,  in  return,  the  productions  of  those 
islands  to  our  ports  and  markets,  is  regarded 
here  as  of  the  highest  importance,"  &c. 

It  was  a  prominent  point  in  our  very  fi-st  ne- 
gotiation with  Great  Britain  in  1794 ;  and  the 
instructions  to  Mr.  Jcy,  in  May  of  that  year, 
shows  that  admission  to  the  trade  was  then 
only  asked  as  a  privilege,  as  in  the  year  '89, 
and  upon  terms  of  limitation  and  condition. 
This  is  so  material  to  the  right  understanding 
of  this  question,  and  io  the  future  history  of  the 
case,  and  especially  of  a  debate  and  vote  in  the 
Senate,  of  which  President  Jackson's  instruc- 
tions through  Mr.  Van  Buren  on  the  same  sub- 
ject was  made  the  occasion,  that  I  tliink  it  right 
tfl  give  the  instructions  of  President  Washing- 
ton to  Mr.  Jay  in  his  own  words.    They  were 


"  If  to  the  actual  footing  of  our  commerce  and 
navigation  in  the  British  European  dominions 
could  be  added  the  privilege  of  carrying  directly 
from  the  United  States  to  the  British  West  In* 
dies  in  our  own  bottoms  generally,  or  of  certain 
specified  burthens,  the  articles  which  by  the  Act 
of  Parliament,  28,  Geo.  III.,  chap.  0,  may  bo 
carried  thither  in  British  bottoms,  and  of  bring- 
ing them  thence  directly  to  the  United  States  in 
American  bottoms,  this  would  afford  an  accepta- 
ble basis  of  treaty  for  a  term  not  exceeding  fif- 
teen years." 

An  article  was  inserted  in  the  treaty  in  con- 
formity to  these  principles— our  carrying  vessels 
limited  in  point  of  burthen  to  seventy  tons  and 
under ;  the  privilege  limited  in  point  of  duration 
to  the  continuance  of  the  then  existing  war  be- 
tween Great  Britain  and  the  French  Republic, 
and  to  two  years  after  its  termination  ;  and  re- 
stricted in  the  return  cargo  both  as  to  the  na- 
ture of  the  articles  and  the  port  of  their  destina^ 
tion.  These  were  hard  terms,  and  precarious , 
and  the  article  containing  them  was  "  suspended  " 
by  the  Senate  in  the  act  of  ratification,  in  the 
hope  to  obtain  better ;  and  are  only  quoted  here 
in  order  to  show  that  this  direct  trade  to  the 
British  West  Indies  was,  from  the  beginning  of 
our  federal  government,  only  sought  as  a  privi- 
lege, to  be  obtained  under  restrictions  and  limi- 
tations, and  subordinately  to  British  policy  and 
legislation.  This  was  the  end  of  the  first  nego- 
tiation; five  others  were  had  in  the  ensuing 
thirty  years,  besides  repeated  attempts  at  "  con- 
certed legislation  " — all  ending  either  abortively 
or  in  temporary  and  unsatisfactory  arrange- 
ments. 

The  most  important  of  these  attempts  was  in 
the  years  1822  and  1823 :  and  as  it  forms  an  es- 
sential item  in  the  history  of  this  case,  and  shows, 
besides,  the  good  policy  of  letting  "  well-enough" 
alone,  and  the  great  mischief  of  iriserting  an  ap- 
parently harmless  word  in  a  bill  of  which  no  one 
sees  the  drift  but  those  in  the  secret,  I  will  here 
give  its  particulars  adopting  for  that  purpose 
the  language  of  senator  Samuel  Smith,  of  Mary- 
land,— the  best  qualified  of  all  our  statesmen  to 
speak  on  the  subject,  he  having  the  practical 
knowledge  of  a  merchant  in  addition  to  experi- 
ence as  a  legislator.    His  statement  is  this : 

"  During  the  session  of  1822,  Congress  was  in- 
formed that  an  act  was  pending  in  Parliament 
for  the  opening  of  the  colonial  ports  to'  the  com- 
merce of  the  United  Stf;tes.  In  consequence,  an 
act  was  passed  authorizing  the  President  (then 


II  'III! 


126 


THIRTY  YEARS*  VIEW. 


*  'i 


1  H5-M. 


Mr.  Monroe),  in  case  the  act  of  Parlinmcnt  was 
satisfactory  to  him,  to  open  the  porta  of  the 
United  States  to  British  vessels  by  his  procla- 
mation. The  act  of  Parliament  was  deemed 
satisfactor}',  and  a  proclamation  was  accordingly 
issued,  and  the  trade  commenced.  Unfortunate- 
ly for  our  commerce,  and  I  think  contrary  to 
justice,  a  treasury  circular  issued,  directing  the 
collectors  to  charge  British  vessels  entering  our 
ports  with  the  alien  tonnage  and  discriminating 
duties.  This  order  was  remonstrated  against  by 
the  British  minister  (I  think  Mr.  Vaughan). 
The  trade,  however,  went  on  uninterrupted. 
Congress  met,  and  a  bill  was  drafted  in  1823  by 
Mr.  Adams,  then  Secretary  of  State,  and  passed 
both  Houses,  with  little,  if  any,  debate.  I  voted 
for  it,  believing  that  it  met,  in  a  spirit  of  reci- 
procity, the  British  act  of  Parliament.  This  bill, 
however,  contained  one  little  word,  "  elsewhere," 
which  completely  defaated  all  our  expectations.  It 
was  noticed  by  no  one.  The  senator  from  Mas- 
sachusetts (Mr.  Webster)  may  have  understood 
its  effect.  If  he  did  so  understand  it,  he  was  si- 
lent. The  effect  of  that  word  "  elsewhere  "  was 
to  assume  the  pretensions  alluded  to  in  the  in- 
structions to  Mr.  McLanc.  (Pretension  to  a 
"  right "  in  the  trade.)  The  result  was,  that  the 
British  government  shut  their  colonial  ports  im- 
mediately, and  thenceforward.  This  act  of  1822 
gave  us  a  monopoly  (virtually)  of  the  West  In- 
dia trade.  It  admitted,  free  of  duty,  a  variety 
of  articles,  such  as  Indian  corn,  meal,  oats,  peas, 
and  beans.  The  British  government  thought 
we  entertained  a  belief  that  they  could  not  do 
without  our  produce,  and  by  their  acts  of  the 
27th  June  and  5th  July,  1825,  they  opened  their 
ports  to  all  the  world,  on  terms  far  less  advan- 
tageous to  the  United  States,  than  those  of  the 
act  of  1822." 

Such  is  the  important  statement  of  General 
Smith.  Mr.  Webster  was  present  at  tho  time, 
and  said  nothing.  Both  these  acts  were  clear 
rights  on  the  part  of  Great  Britain,  and  that  of 
1825  contained  a  limitation  upon  the  time  within 
which  each  nation  was  to  accept  the  privilege  it 
offered,  or  lose  the  trade  for  ever.  This  legisla- 
tive privilege  was  accepted  by  all  nations  which 
had  any  thing  to  send  to  the  British  West  Indies, 
except  the  United  States.  Mr.  Adams  did  not 
accept  the  proffered  privilege — undertook  to  ne- 
gotiate for  better  terms — failed  in  the  attempt — 
and  lost  all.  Mr.  Clay  was  Secretary  of  State, 
Mr.  Gallatin  the  United  States  Minister  in  Lon- 
don, and  the  instructions  to  him  were,  to  insist 
upon  it  as  a  "  right "  that  our  y  'duce  should  be 
admitted  on  the  same  terms  on  which  produce 
from  the  British  possessions  were  admitted. — 
This  was  the  "elsewhere,"  &c.  The  British 
government  refused  to  negotiate  j  and  then  Mr. 


Gallatin  was  instructed  to  waive  temporarily 
the  demand  of  right,  and  accept  the  privilege 
offered  by  the  act  of  1825.  But  in  the  mean 
time  the  year  allowed  in  the  act  for  its  accept- 
ance had  expired,  and  Mr.  Gallatin  was  told 
that  his  offer  was  too  late !  To  that  answer  the 
British  ministry  adhered ;  and,  from  the  month 
of  July,  182G,  the  direct  trade  to  the  British 
West  Indies  was  lost  to  our  citizens,  leaving 
them  no  mode  of  getting  any  share  in  that  trade, 
either  in  sending  out  our  productions  or  receiv- 
ing theirs,  but  through  the  expensive,  tedious, 
and  troublesome  process  of  a  circuitous  voyage 
and  the  intervention  of  a  foreign  vessel.  The 
shock  and  dissatisfrxtion  in  the  United  States 
were  extreme  at  this  unexpected  bereavement ; 
and  that  dissatisfaction  entered  largely  into  the 
political  feelhigs  of  the  day,  and  became  a  point 
of  attack  on  Mr.  Adams's  administration,  and  an 
element  in  the  presidential  canvass  which  ended 
in  his  defeat. 

In  giving  an  account  of  this  untoward  event 
to  his  government,  Mr.  Gallatin  gave  an  account 
of  his  final  interview  with  Mr.  Iluskisson,  from 
which  it  appeared  that  the  claim  of  "  right "  on 
the  part  of  the  United  States,  on  which  Jlr.  Gal- 
latin had  been  instructed  to  "  insist,"  was  "  tem- 
porarily waived ;"  but  without  effect.  Irritation, 
on  account  of  old  scores,  as  expressed  by  Mr 
Gallatin— or  resentment  at  our  pertinacious  per- 
sistence to  secure  a  "  right "  where  the  rest  of 
the  world  accepted  a  "  privilege,"  as  intimated 
by  ]Mr.  Huskisson — mixed  itself  with  the  re- 
fusal ;  and  the  British  government  adhered  to 
its  absolute  right  to  regulate  the  foreign  trade 
of  its  colonics,  and  to  treat  us  as  it  did  the  rest 
of  the  world.  The  following  are  passages  from 
Mr.  Gallatin's  dispatch,  from  London,  September 
11,1827: 

"  Mr.  Iluskisson  said  it  was  the  intention  of 
the  British  government  to  consider  tlie  inter- 
course of  the  British  colonics  as  being  exclusive- 
ly under  its  control,  and  any  relaxation  from 
the  colonial  system  as  an  indulgence,  to  bo 
granted  on  such  terms  as  might  suit  the  policy 
of  Great  Britain  at  the  time  it  was  granted.  I 
said  every  question  of  light  had,  on  this  ocd • 
sion,  been  waived  on  the  part  of  the  United 
States,  the  only  object  of  the  present  inquiry 
being  to  ascertain  whether,  as  a  matter  of  mu- 
tual convenience,  the  intercourse  might  not  be 
0|)ened  in  a  manner  satisfactory  to  botli  coun- 
tries. He  (Mr.  II.)  said  tiiat  it  had  apiKjared  as 
}£  America  had  entertained  the  opinion  that  the 


r 


British  West 
supplies;  and 
Great  Britain 
terms  she  plea 
or  intention  < 
But  it  appeare 
to  Mr.  Huskis 
der  the  influen 
of  past  events, 
interests  of  bo 

This  was  A 
order  in  counc 
to  the  United 
Mr.  James  Ba 
to  London  to 
the  repulsed  i 
The  British  go' 
tion :  and  thus 
commerce  rem:; 
Adams,  at  the 
Congress,  1827 
fact  to  that  bo( 
Mice  that  an  in 
sustained,  redr( 
between  the  tv 

"  At  the  com 

Congress,  they 

unexpected  exc 

of  access,  in  ves 

their  colonial 

bordering  upon 

"In  the  amic 

cecded  the  adoj 

atH'cted  harshlj 

l)ocame  a  subjt 

the  principles 

been  placed  ha' 

It  has  at  once  \ 

to  the  old  long 

monopoly,  and 

resentment,  ba 

liamcnt,  openin 

conditions,  had 

eagerness  by 

tliom.    At  a  SI 

mated  that  the 

because  a  prior 

ing  certain  col( 

densome  restri 

States,  had  nol 

sion  of  Britisl 

their  cargoes,  v 

nation  wliatev 

interdiction  wl 

have  manifeste 

alion  or  by  coi 

to  recede  from 

tinctly  to  unci 

which  were  uc 

at  their  last  i 


'  tern- 


ANNO  1829.    ANDREW  JACKSON,  PRESIDENT. 


127 


British  West  Indies  could  not  exist  without  her 
supplies ;  and  that  slie  might,  therefore,  compel 
Great  Britain  to  open  the  intercourse  on  any 
terms  she  pleased.  I  disclaimed  any  such  belief 
or  intention  on  the  part  of  the  United  States. 
But  it  appeared  to  me,  and  I  intimated  it,  indeed, 
to  Mr.  Huskisson,  that  he  was  acting  rather  un- 
der the  influence  of  irritated  feelings,  on  account 
of  past  events,  than  with  a  view  to  the  mutual 
interests  of  both  parties." 

This  was  Mr.  Gallatin's  last  dispatch.  An 
order  in  council  was  issued,  interdicting  the  trade 
to  the  United  States;  and  he  returned  home. 
Mr.  James  Barbour,  Secretary  at  War,  was  sent 
to  London  to  replace  him,  and  to  attempt  again 
the  repulsed  negotiation;  but  without  success. 
The  British  government  refused  to  open  the  ques- 
tion :  and  thus  the  direct  access  to  this  valuable 
commerce  remained  sealed  against  us.  President 
Adams,  at  the  commencement  of  the  session  of 
Congress,  1827-28,  formally  communicated  this 
fact  to  that  body,  and  in  terms  which  showed  at 
mice  that  an  insult  had  been  received,  an  injury 
sustained,  redress  refused,  and  ill-will  established 
between  the  two  governments.    Ho  said: 

"  At  the  commencement  of  the  last  session  of 
Congress,  they  were  informed  of  the  sudden  and 
unexpected  exclusion  by  the  British  government, 
of  access,  in  vessels  of  the  United  States,  to  all 
tlieir  colonial  ports,  except  those  immediately 
bordering  upon  our  own  territory. 

"  In  the  amicable  discussions  which  have  suc- 
ceeded the  adoption  of  this  measure,  which,  as  it 
afl'ected  harshly  the  interests  of  the  United  States, 
became  a  subject  of  expostulation  on  our  part, 
tlio  principles  upon  which  its  justification  has 
been  placed  have  been  of  a  diversified  character. 
It  has  at  once  been  ascribed  to  a  mere  recurrence 
to  the  old  long-established  principle  of  colonial 
monopoly,  and  at  the  same  time  to  a  feeling  of 
resentment,  because  the  offers  of  an  act  of  Par- 
liament, opening  the  colonial  ports  upon  certain 
conditions,  had  not  been  grasped  at  with  sufficient 
eagerness  by  an  instantaneous  conformity  to 
tliem.  At  a  subsequent  period  it  has  been  inti- 
mated that  the  new  exclusion  was  in  resentment, 
because  a  prior  act  of  Parliament,  of  1822,  open- 
ing certain  colonial  ports,  under  heavy  and  bur- 
densome restrictions,  to  vessels  of  the  United 
States,  had  not  been  reciprocated  by  an  admis- 
sion of  British  vessels  from  the  colonies,  and 
their  cargoes,  without  any  restriction  or  discrimi- 
nation whatever.  But,  be  the  motive  for  the 
interdiction  what  it  may,  the  British  government 
have  manifested  no  disjK)<ition,  either  by  negoti- 
ation or  by  corresponding  legislative  enactments, 
to  recede  from  it ;  and  we  have  been  given  dis- 
tinctly to  understand  that  neither  of  the  bills 
which  were  under  the  consideration  of  Congress 
at  their  last  session,  would  have  been  deemed 


sufficient  in  their  concessions  to  have  been  reward- 
ed by  any  relaxation  from  the  British  interdict. 
The  British  government  have  not  only  declined 
negotiation  upon  the  subject,  but,  by  the  princi- 
ple they  have  assumed  with  reference  to  it,  have 
preclutled  even  the  means  of  negotiation,  It  be- 
comes not  the  self-rcsppct  of  the  United  States, 
either  to  solicit  gratuitous  favours,  or  to  accept, 
as  the  grant  of  a  favor,  that  for  which  an  ample 
equivalent  is  exacted." 

This  was  the  communication  of  Mr.  Adams  to 
Congress,  and  certainly  nothing  could  be  more 
vexatious  or  hopeless  than  the  case  which  ho 
presented — an  injury,  an  insult,  a  rebuff,  and  a 
refusal  to  talk  with  us  upon  the  subject.  Nego- 
tiation, and  the  hope  of  it,  having  thus  terminat- 
ed. President  Adams  did  what  the  laws  required 
of  him,  and  issued  his  proclamation  making  known 
to  the  country  the  total  cessation  of  all  direct  com- 
merce between  the  United  States  and  the  British 
West  India  Islands. 

The  loss  of  this  trade  was  a  great  injury  to  tha 
United  States  (besides  the  insult),  and  was  at- 
tended by  circumstances  which  gave  it  the  air  of 
punishment  for  something  that  was  past.  It  was 
a  rebuff  in  the  face  of  Europe;  for  while  the 
United  States  were  sternly  and  unceremoniously 
cut  off  from  the  benefit  of  the  act  of  1825,  for 
omission  to  accept  it  within  the  year,  yet  other 
powers  in  the  same  predicament  (France,  Spain 
and  Russia)  were  permitted  to  accept  after  the 
year;  and  -ue  "irritated  feehngs"  manifested  by 
Mr.  Huskisson  indicated  a  resentment  which  was 
finding  its  gratification.  We  were  ill-treated, 
and  felt  it.  The  people  felt  it.  It  was  an  ugly 
case  to  manage,  or  to  endure ;  and  in  this  period 
of  its  worst  aspect  General  Jackson  was  elected 
President. 

His  position  was  delicate  and  difficult.  His 
election  had  been  deprecated  as  that  of  a  rash 
and  violent  man,  who  would  involve  us  in  quar- 
rels with  foreign  nations ;  and  here  was  a  dissen- 
sion with  a  great  nation  lying  in  wait  for  him— 
prepared  to  his  hand — the  legacy  of  his  pK-deces- 
sor — either  to  be  composed  satisfactorily,  or  to 
ripen  into  retaliation  and  hostility ;  for  it  was 
not  to  be  supposed  that  t.  ngs  could  remain  as 
they  were.  He  had  to  choose  between  an  attempt 
at  amicable  recovery  of  the  trade  by  new  over- 
tures, or  retaliation — leading  to,  it  is  not  known 
what.  lie  determined  upon  the  flxst  of  these  al- 
ternatives, and  Mr.  Louis  McLane,  of  Delaware, 
was  selected  for  the  delicate  occasion.    He  was 


w 


ill 


'       1  i  .ir 


(ii:|ii 


» 


ill; 


If  ■ 


■'•'f^^04e>'M^tiUilSiiii^M»i ' 


128 


THIRTY  YEARS'  VIEW. 


'   !i 


M  '■* 


(■'it'i 


sent  minister  to  London;  and  in  renewing  an 
application  which  had  been  so  lately  and  so  cate- 
gorically rejected,  some  reason  had  to  be  given 
for  a  persistanco  which  might  seem  both  impor- 
tunate and  desperate,  and  even  deficient  in  self- 
respect  ;  and  that  reason  was  found  in  the  simple 
truth  that  there  had  been  a  change  of  adminis- 
tration in  the  United  States,  and  with  it  a  change 
of  opinion  on  the  subject,  and  on  the  essential 
point  of  a  "  right "  in  us  to  have  our  productions 
admitted  into  her  West  Indies  on  the  same  terms 
as  British  productions  were  received ;  that  we 
were  willing  to  take  the  trade  as  a  "  privilege, " 
and  simply  and  unconditionally,  under  the  act  of 
Parliament  of  1825.    Instructions  to  that  effect 
had  been  drawn  up  by  Mr.  Van  Buren,  Secretary 
of  State,  under  the  special  directions  of  General 
Jackson,  who  took  this  early  occasion  to  act 
upon  his  cardinal  maxim  in  our  foreign  inter- 
course :  "  Ask  nothing  but  what  is  right — stib- 
mit  to  nothing  wrong. '"    This  frank  and  candid 
policy  had  its  effect.    The  great  object  was  ac- 
complished.     The   trade   was  recovered;    and 
what  had  been  lost  under  one  administration,  and 
precariously  enjoyed  under  others,  and  been  the 
subject  of  fruitless  negotiation  for  forty  years,  and 
under  six  diflercnt  Presidents — Washington.  John 
Adams,  Jefferson,  Madison,  Monroe,  Quiucy  Ad- 
ams— with  all  their  accomplished  secretaries  and 
ministers,  was  now  amicably  and  satisfactorily 
obtained  under  the  administration  of  General 
Jackson ;  and  upon  the  basis  to  give  it  perpetu- 
ity— that  of  mutual  interest  and  actual  recipro- 
city.   The  act  of  Parliament  gave  us  the  trade 
on  terms  nearly  as  good  as  those  suggested  by 
Washington  in  1789;  fully  as  good  as  those 
asked  for  by  him  in  1794 ;  better  than  those  in- 
serted in  the  treaty  of  that  year,  and  suspended 
by  the  Senate ;  and,  though  nominally  on  the 
same  terms  as  given  to  the  rest  of  the  world,  yet 
practically  better,  on  account  of  our  proximity  to 
this  British  market;  and  our  superabundance 
of  articles  (chiefly  provisions  and  lumber)  which 
it  wants.    And  the  trade  has  been  enjoyed  un- 
der this  act  ever  since,  with  such  entire  satisfac- 
tion,  that  there  is  already  an  oblivion  of  the  forty 
years'  labor  which  it  cost  us  to  obtain  it ;  and  a 
generation  has  grown  up,  almost  without  know- 
ing to  whom  they  are  indebted  for  its  present 
enjoyment.    But  it  made  its  sensation  at  the 
time,  and  a  great  one.    The  friends  of  the  Jack- 
son administration  exulted ;  the  people  rejoiced ; 


gratification  was  general — but  not  universal  • 
and  these  very  instructions,  under  which  such 
great  ond  lasting  advantages  had  been  obtained 
were  made  the  occassion  in  the  Senate  of  the 
United  States  of  rejecting  their  ostensible  author 
as  a  minister  to  London.  But  of  this  hereafter. 
The  auspicious  conclusion  of  so  delicate  an  af- 
fair was  doubtless  first  induced  by  General  Jack- 
son's frank  policy  in  falling  back  upon  Washing- 
ton's ground  of  '•  privilege,  "  in  contradistinction 
to  the  new  pretension  of  "  right,  -' — helped  out  a 
little,  it  may  be,  by  the  possible  after-clap  sug- 
gested in  the  second  part  of  his  maxim.  Good 
sense  and  good  feeling  may  also  have  had  its  in- 
fluence, the  trade  in  question  being  as  desirable 
to  Great  Britian  as  to  tho  United  States,  and 
better  for  each  to  carry  it  on  direct  in  their  own 
vessels,  than  circuitously  in  the  vessels  of  others; 
and  the  articles  on  each  side  being  of  a  kind  to 
solicit  mutual  exchange — tropical  productions  on 
one  part,  and  those  of  the  temperate  zone  on  the 
other.  But  there  was  one  thing  which  certainly 
contributed  to  the  good  result,  and  that  was  the 
act  of  Congress  of  May  29th,  of  which  General 
Samuel  Smith,  senator  from  Blaryland,  was  the 
chief  promoter ;  and  by  which  the  President  was 
authorized,  on  the  adoption  of  certain  measures 
by  Great  Britian,  to  open  the  ports  of  the  United 
States  to  her  vessels  on  reciprocal  terms.  The 
effect  of  this  act  was  to  slrengthen  General  Jack- 
son's candid  overture ;  and  the  proclamation 
ojxjning  the  trade  was  issued  October  the  5th, 
1830,  in  the  second  year  of  the  first  term  of  the 
administration  of  President  Jackson.  And  under 
that  proclamation  this  long  desired  trade  has 
been  enjoyed  ever  since,  and  promises  to  be  en- 
joyed in  after  time  co-ex tendingly  with  the  dura 
tion  of  peace  between  the  two  countries. 


r 


CHAPTER    XLIII. 

ESTABLISHMENT  OF  TDE  GLOBE  NEWSPAPER. 

At  a  presidential  levee  in  the  winter  of  18.10 
-'31,  Mr.  Duff  Green,  editor  of  tho  Telegraph 
newspaper,  addressed  a  person  then  and  now  a 
respectable  resident  of  Washington  city  (Mr.  J 
M.  Duncanson),  and  invited  him  to  call  at  his 
house,  as  he  had  something  to  say  to  him  which 


would  require 
was  made,  an 
closod,  which 
bis  (Mr.  IJui 
tion  of  a  sche 
tial  election, 
bo  prevented 
election,  and  1 
ward  in  his  p 
that  a  rupture 
Jackson  and 
ence  had  tak 
about  (as  he 
Van  Buren ; 
in  print,  but  il 
arrangements 
cratic  papers 
the  States  wer 
known  to  the  ] 
elusive  interest 
of  them  as  edit 
ments  were    ( 
startle  the  coi 
the  difficulty 
Mr.  Calhoun), 
all  the  secured 
Telegraph,  wq 
;iud  cry  out  at 
would  seem  to 
tion  against  Mr 
so  great,  that  ei 
would  be  unabi 
Mr.  Duncans 
in  the  ex  ecu  tic 
charge  of  the  Fi 
flattering  induce 
to  do  so.     Mr.  1 
regret  at  all  thn 
friend  of  Gcnen 
—opposed  to  a: 
being  a  candidi 
success,  if  attem 
termination  to  i 
abandoned.    Mi 
—said  that  the 
and  might  not  b 
of 'the  first  int( 
Mr.  Green  calle 
'i  liira  that  a  rii 
and  renewed  his 
charge  of  some 
editor  on  a  liber 

Vol.  I.- 


ANNO  1829.    ANDREW  JACKSON,  PRESIDENT. 


129 


universal ; 
vhich  such 
II  obtained, 
nate  of  the 
iblo  author 
hereafter, 
icatc  an  af- 
neral  Jack- 
1  Washing- 
idistinction 
elpcd  out  a 
r-clap  sug- 
:im.  Good 
!  had  its  in- 
is  desirable 
States,  and 
Q  their  own 
s  of  others; 
f  a  kind  to 
ductions  on 
zone  on  the 
2h  certainly 
hat  was  the 
ich  General 
id,  was  the 
esident  was 
bi  measures 

the  United 
3rms.    The 

neral  Jack- 
'oclaiuatioD 

cr  the  5th, 
term  of  the 

And  under 

trade  has 
to  be  en- 
thc  dura 

cs. 


F8PAPER. 

of  18.10 
Telegraph 
md  now  a 

y  (Mr.  J 
:all  at  his 

im  which 


would  require  a  confidential  interview.    The  call 
was  made,  and  the  object  of  the  interview  dis- 
closed, which  was  nothing  less  than  to  engage 
his  (Mr.  Duncanson's)  assistance  in  the  cxccu- 
tion  of  a  scheme  in  relation  to  the  next  presiden- 
tial election,  in  which  General  Jackson  should 
bo  prevented  from  becoming  a  candidate  for  re- 
election, and  Mr.  Calhoun  should  be  brought  for- 
ward in  his  place.    He  informed  Mr.  Duncanson 
that  a  rupture  was  impending  between  General 
Jackson  and   Mr.  Calhoun ;  that  a  correspond- 
ence had  taken  place  between  them,  brought 
about  (as  ho  alleged)  bj'  t^io  intrigues  of  Mr. 
Van  Buren  ;  that  the  correspondence  was  then 
in  print,  but  its  publication  delayed  until  certain 
arrangements  could  be  made ;  that  the  demo- 
cratic papers  at  the  most  prominent  points  in 
the  States  were  to  be  first  secured ;  and  men  well 
known  to  the  people  as  democrats,  but  in  the  ex- 
clusive interest  of  Mr.  Calhoun,  placed  in  charge 
of  them  us  editors ;  that  as  soon  as  the  arrange- 
ments were    complete,  the   Telegraph  would 
startle  the  country  with  the  announcement  of 
the  difficulty    (between  General  Jackson  and 
Mr.  Calhoun),  and  the  motive  for  it;  and  that 
all  the  secured  presses,  takmg  their  cue  from  the 
Telegraph,  would  take  sides  with  Mr.  Calhoun, 
;iud  cry  out  at  the  same  time ;  and  the  storm 
would  seem  to  be  so  universal,  and  the  indigna- 
tion against  Mr.  Van  Buren  would  appear  to  be 
so  great,  that  even  General  Jackson's  popularity 
would  be  unable  to  save  him. 

Mr.  Duncanson  was  then  invited  to  take  part 
in  the  execution  of  this  scheme,  and  to  take 
charge  of  the  Frankfort  (Kentucky)  Argus  ;  and 
flattering  inducements  held  out  to  encourage  him 
to  do  so.  Mr.  Duncanson  expressed  surprise  and 
regret  at  all  that  he  heard — declared  himself  the 
friend  of  General  Jackson,  and  of  his  re-election 
—opposed  to  all  schemes  to  prevent  him  from 
being  a  candidate  again — a  disbeliever  in  their 
success,  if  attempted — and  made  known  his  de- 
termination to  reveal  the  scheme,  if  it  was  not 
abandoned.  Mr.  Green  begged  him  not  to  do  so 
—said  that  the  plan  was  not  fully  agreed  upon ; 
and  might  not  be  carried  out.  This  was  the  end 
of 'the  first  interview.  A  few  days  afterwards 
Mr.  Green  called  on  Mr.  Duncanson,  and  inform- 
"(1  liim  that  a  rupture  was  now  determined  upon, 
and  renewed  his  proposition  that  he  should  take 
charge  of  some  paper,  cither  as  proprietor,  or  as 
editor  on  a  liberal  salary — one  that  would  tell  on 

Vol.  I.— 9 


the  farmers  and  mechanics  of  the  country,  and 
made  bo  cheap  as  to  go  into  every  workshop  and 
cabin.    Mr.  Duncanson  was  a  practical  printer 
— owned  a  good  job  office — was  doing  a  largo 
business,  especially  for  the  departments — and 
only  wished  tc<  remain  as  he  was.    Mr.  Green 
offered,  in  both  interviews,  to  relieve  him  frora 
that  concern  by  purchasing  it  from  him,  and  as- 
sured him  that  he  would  otherwise  lose  the 
printing  of  the  departments,  and  be  sacrificed. 
Mr.  Duncanson  again  refused  to  have  any  thing 
to  do  with  the  scheme,  consulted  with  some 
friends,  and  caused  the  whole  to  be  communicat- 
ed to  General  Jackson.    The  information  did  not 
take  the  General  by  surprise ;  it  was  only  a  con- 
firmation of  what  ho  well  suspected,  and  had 
been  wisely  providing  against.    The  history  of 
the  movement  in  Mr.  Monroe's  cabinet,  to  bring 
him  before  a  military  court,  for  his  invasion  of 
Spanish  territory  during  the  Seminole  war,  had 
just  come   to  his  knowledge;  the  doctrine  of 
nuUification  had  just  been  broached  in  Congress; 
his  own  patriotic  toast:  "The  Federal  Union: 
it  must  bo  preserved  " — had  been  delivered  ;  his 
own  intuitive  sagacity  told  him  all  the  rest — the 
breach  with  Mr.  Calhoun,  the  defection  of  th« 
Telegraph,  and  the  necessity  for  a  new  paper  at 
Washington,  faithful,  fearless  and  incorruptible. 
The  Telegraph  had  been  the  central  metro- 
politan organ  of  his  friends  and  of  the  demo- 
cratic party,  during  the  long  and  bitter  canvass 
which  ended  in  the  election  of  General  Jackson, 
in  1828.    Its  editor  had  been  gratified  with  the 
first  rich  fruits  of  victory — the  public  printing 
of  the  two  Houses  of  Congress,  the  executive 
patronage,  and  the  organship  of  the  administra- 
tion.     The  paper  was  still    (in   1830)  in  its 
columns,  and  to  the  public  eye,  the  advocate  and 
supporter  of  General  Jackson ;  but  ho  knew 
what  was  to  happen,  and  quietly  took  his  mea- 
sures to  meet  an  inevitable  contingency.    In  the 
summer  of  1830,  a  gentleman  in  one  of  the  pub- 
lic offices  showed  him  a  paper,  the  Frankfort 
(Kentucky)  Argus,  containing  a  powerful  and 
spirited  review  of  a  certain  nullification  speech 
in  Congress.     lie  inquired  for  the  author,  ascer- 
tained him  to  be  Mr.  Francis  P.  Blair — not  the 
editor,  but  an  occasional  contributor  to  the  Argus 
— and  had  him  written  to  on  the  subject  of  tak- 
ing charge  of  a  paper  in  Washington.    The  ap- 
plication took  Mr.  Blair  by  surprise.    He  was. 
not  thinking  of  changing  his  residence  and  pur- 


If  ililv  1'! 


lii|i, 


130 


TFIIRTY  YEARS'  VIEW. 


b!;ii 


^■fi'i 


iii     la 


"     '     I! 


'M   '- i 


suits.  He  was  wi'll  ot'cupied  whero  ho  was — 
clerk  of  the  lucruiivo  oflice  of  the  Stato  Circuit 
Court  at  llio  cupitul  of  tliu  State,  salaried  presi- 
dent of  the  Coiiimonweolth  Bank  (by  the  elec- 
tion of  the  legislature),  ami  proprietor  of  a  farm 
and  slaves  in  that  rich  State.  But  ho  was  devot- 
ed to  Cienerul  Jackson  and  his  measures,  and  did 
not  hesitate  to  relinquish  his  secure  advantages 
at  homo  to  engage  in  the  untried  business  of 
editor  at  Wasliington.  He  came — established  the 
Globe  newspaper — and  soon  after  associated  with 
John  C.  Rives, — a  gentleman  worthy  of  the 
association  and  of  the  confidence  of  General  Jack- 
son and  of  the  democratic  party  :  and  under  their 
management  the  pap(!r  became  the  efficient  and 
faithful  organ  of  the  administration  during  the 
whole  period  of  his  service,  and  that  of  his  suc- 
cessor, Mr.  Van  Buren.  It  was  established  in 
time,  and  just  in  time,  to  meet  the  advancing 
events  at  "Washington  City.  All  that  General 
Jackson  had  foreseen  in  relation  to  the  conduct 
of  *ho  Telegraph,  and  ail  that  had  been  com- 
municated to  him  through  Mr.  Duncanson,  came 
to  pass :  and  he  found  himself,  early  in  the  first 
term  of  his  administration,  engaged  in  a  triple 
war — with  nullification,  the  Bank  of  the  United 
States,  and  the  whig  party : — and  must  have 
been  without  defence  or  support  from  the  news- 
paper press  at  Washington  had  it  not  been  for 
his  foresight  in  establishing  the  Globe. 


CHAPTER   XLIV. 

LIMITATION  OP  PUBLIC  LAND  SALES.  8USPKN- 
SION  OF  SUKVEY9.  ABOLITION  OF  THE  OFFICE 
OF  SUKVEYOli  GENERAL.  OKIGIN  OF  THE  UNI- 
TED STATES  LAND  SYSTEM.  AUTIIOUSIIIP  OF 
THE  ANTI-SLAVERY  ORDINANCE  OF  1778,  SLA- 
VERY CONTROVERSY.  PROTECTIVE  TARIFF. 
INCEPTION  OF  THE  DOCTRINE  OF  NULLIFICA- 
TION. 

At  the  commencement  of  the  session  1829-'30, 
Mr.  Foot,  of  Connecticut,  submitted  in  the  Sen- 
ate a  resolution  of  inquiry  which  excited  mu«h 
feeling  among  the  western  members  of  that  body. 
It  was  a  proposition  to  inquire  into  the  expe- 
diency of  limiting  the  sales  of  the  public  lands  to 
those  then  in  market — to  suspend  the  surveys 
of  the  public  lands— and  to  abolish  the  office  of 
Surveyor  Qcnerftl.    The  effect  of  such  a  resolu- 


tion, if  sanctioned  uyion  inquiry  and  carried  into 
legislative  effect,  would  have  been  to  check  emi- 
gration to  the  new  States  in  the  West — to  check 
the  growth  and  settlement  of  thcso  States  and 
territories — and  to  deliver  up  largo  portions  of 
them  to  the  dominion  of  wild  beasts.  In  that 
sense  it  was  immediately  taken  up  by  myself, 
and  other  western  members,  and  treated  as  an 
injurious  proposition — insulting  as  well  as  inju- 
rious— and  not  fit  to  bo  considered  by  a  com- 
mittee, much  less  to  bo  reported  upon  and  adop- 
ted. I  opened  the  debate  against  it  in  a  speech 
of  which  the  following  is  an  extract : 

"  Mr.  Benton  disclaimed  all  intention  of  hav- 
ing any  thing  to  do  with  the  motives  of  tho 
mover  of  the  resolution :  ho  took  it  according  to 
its  effect  and  operation,  and  conceiving  this  to  be 
eminently  injurious  to  the  rights  and  interests 
of  the  new  States  and  Territories,  he  should  jus- 
tify the  view  which  he  had  taken,  and  the  vote 
ho  intended  to  give,  by  an  exposition  of  facts 
and  reasons  which  would  show  the  disastrous 
nature  of  the  practical  effects  of  this  resolution. 

"  On  the  first  branch  of  these  effects — check- 
ing emigration  to  the  West — it  is  clear,  that,  if 
the  .sales  are  limited  to  the  lands  now  in  market, 
emigration  will  cease  to  flow ;  for  these  laiuls 
are  not  of  a  character  to  attract  people  at  a  di.s- 
tance.    In  Missouri  tliey  are  the  refuse  of  forty 
years  picking  under  the  Spanish  Governnient. 
and  twenty  more  under  tho  Government  of  the 
United  States.    Tho  character  and  value  of  this 
refuse  had  been  shown,  ofiicially,  in  tho  reports 
of  the  Registers  and  Receivers,  made  in  obedience 
to  a  call   from  the  Senate.     Other  gentlemen 
would  .show  what  was  said  of  it  in  their  respec- 
tive States ;    lie  would  confine  himself  to  his 
own,  to  the  State  of  Missouri,  and  show  it  to  bo 
miserable  indeed,     Tho  St.  Louis  District,  con- 
taining two  and  a  quarter  millions  of  acres,  was 
estimated  at  an  average  value  of  fifteen  cents  per  \ 
acre ;   the  Cape  Girardeau  District,  containing  i 
four  and  a  half  millions  of  acres,  was  estimated  j 
at  twelve  and  a  half  cents  per  acre  ;  the  Wes- 
tern District,  containing  one  million  and  throe  j 
quarters  of  acres,  was  estimated  at  sixty-two 
and  a  half  cents;  from  the  other  two  districts! 
there  was  no  intelligent  or  pertinent  return ;  but  j 
assuming  them  to  be  equal  to  the  Western  Dis- 
trict, and  the  average  value  of  the  lands  thcyj 
contain  would  bo  only  one  half  the  amount  off 
tho   present  minimum  price.    This  being  the! 
state  of  the  lands  in  Missouri  which  would  be| 
subject  to  sale  under  the  operation  of  this  reso 
hition,  no  emigrants  would  bo  attracted  to  them.j 
Persons  who  remove  to  new  countries  want  nev 
lauds,  first  choices  ;  and  if  they  cannot  get  these 
tliey  have  no  sufficient  inducement  to  move. 

'•  The  second  ill  effect  to  result  from  this  reso 
lution,  supposing  it  to  ripen  into  the  measup 
which  it  implies  to  be  necessary  would  be 


ANNO  1820.    ANPKEW  JACKSON,  niESIDENT. 


131 


1 .,-  ill 


limiting  the  st'ttlcincnts  in  the  now  iStntcs  and 
TtTritoricH.  This  limitation  of  Hcttlcni.'nt  would 
bo  the  incvitnhto  clFect  of  confining  tlo  sales  to 
tho  lands  now  in  market.  These  lands  in  Mis- 
souri, only  amount  to  one  third  of  Jio  State. 
Hy  consequence,  only  one  third  coulc'.  bo  settled. 
Two  thirds  of  the  .State  woultl  remain  without 
inhabitants ;  tho  resolution  says,  for  '  a  certain 
period,'  and  tho  gentlemen,  in  their  speeches, 
expound  this  certiiin  period  to  bo  seventy-two 
years.  They  say  .sevsnty-two  millions  of  acres 
aro  now  in  market ;  that  wc  .sell  but  one  million 
a  year  ;  thoroforo,  wo  have  enough  to  supply  the 
demand  for  seventy-two  years.  It  does  not  en- 
ter their  heads  to  consider  that,  if  the  price  was 
adapted  to  the  value,  all  this  sovcnty-two  mil- 
lions that  is  fit  for  cultivation  would  be  sold 
immediately.  They  must  go  on  at  a  million  a 
year  for  seventy-two  years,  the  Scripture  term  of 
tho  life  of  man — a  long  period  in  tho  age  of  a 
nation ;  the  exact  period  of  tho  Uabylonish  cap- 
tivity— a  long  and  sorrowful  period  in  tho  his- 
tory of  the  Jews ;  and  not  less  long  nor  less 
'  sorrowful  in  the  history  of  tho  West,  if  this 
resolution  should  take  effect. 

'•  The  third  point  of  objection  is,  that  it  would 
deliver  up  large  portions  of  new  States  and  Ter- 
ritories to  the  dominion  of  wild  beasts.  In  Mis- 
souri, this  surrender  would  be  equal  to  two-thirds 
of  tho  State,  comprising  about  forty  thousand 
square  miles,  covering  tho  whole  valley  of  the 
Osago  Jliver,  besides  many  other  parts,  and  &\y- 
pioaching  within  a  dozen  miles  of  the  centre  and 
capital  of  the  State.  All  this  would  be  deliver- 
ed up  to  wild  beasts :  for  tho  Indian  title  is  ex- 
tinguished, and  tho  Indians  gone ;  the  white  peo- 
ple would  be  excluded  from  it ;  beasts  alone 
would  take  it ;  and  all  this  in  violation  of  the 
Divino  command  to  replenish  tho  earth,  to  in- 
crease and  multiply  upon  it,  and  to  have  domin- 
ion over  tho  beasts  of  the  forest,  the  birds  of  the 
air,  tho  fish  in  tho  waters,  and  the  creeping 
things  of  the  earth. 

"  The  fourth  point  of  objection  is,  in  tho  remo- 
val of  the  land  records — the  natural  effect  of 
abolishing  all  the  offices  of  the  Surveyors  (Joneral. 
Tiiese  offices  are  five  in  number.  It  is  proposed 
to  abolish  them  all,  and  the  reason  assigned  in 
debate  is,  that  they  are  sinecures ;  that  is  to 
say,  offices  which  have  revenues  and  no  eiui)loy- 
ment.  This  is  the  description  of  a  sinecure. 
We  have  one  of  those  offices  in  Missouri,  and  I 
know  something  of  it.  The  Surveyor  General, 
Colonel  McRee,  in  point  of  fidelity  to  his  trust, 
belongs  to  the  school  of  Nathaniel  Macon ;  in 
point  of  science  and  intelligence,  he  belongs  to 
the  first  order  of  men  that  Europe  or  America 
contains.  lie  and  his  clerks  carry  labor  and 
drudgery  to  tho  ultimate  point  of  human  exer- 
tion, and  still  fall  short  of  the  task  before  them  ; 
and  this  is  an  office  which  it  is  proposed  to 
abolish  under  the  notion  of  a  sinecure,  as  an 
office  with  revenues,  and  without  employment. 
j  The  abolition  of  those  offices  would  involve  the 
necessity  of  removing  all  their  records,  and  thus 


dcprivirg  the  country  of  all  the  evidences  of  the 
foundations  of  all  the  lan<l  titles.  This  would 
\to  sweeping  work  ;  i>ut  tho  gentleman's  plan 
wordd  bo  incomplete  without  including  the 
General  Land  Olliue  in  this  city,  tho  principal 
business  of  which  is  to  su|)erintend  the  five  Siu- 
voyor  (Jenoral's  offices,  and  for  which  there  could 
bo  but  little  use  after  they  were  aliolished. 

"  These  aro  tho  practical  effects  of  the  resolu- 
tion. Emigration  to  tho  new  States  checked  ; 
their  settlement  limited  ;  a  largo  portion  of  tlieir 
surface  delivered  up  to  tho  dominion  of  beasts  ; 
the  land  records  removed.  Such  are  the  injuries 
to  be  inflicted  upon  the  new  States,  and  we,  the 
senators  fiom  those  States,  aro  called  upon  to 
vote  in  favor  of  the  resolution  which  projwscs  to 
inquire  into  tho  expediency  of  committing  all 
those  enormities  1  I,  for  one,  will  not  do  it.  I 
will  vote  for  no  such  inquiry.  I  would  as  soon 
vote  for  inquiries  into  the  expediency  of  confia- 
grating  cities,  of  devastating  provinces,  and  of 
submerging  fruitful  lands  under  the  waves  of  tho 
ocean. 

"  I  take  my  stand  upon  a  great  nioral  principle : 
that  it  is  never  right  to  inquire  into  the  cxixjdi- 
ency  of  doing  wrong. 

"  Tho  proposed  inquiry  is  to  do  wrong  ;  to  in- 
flict unmixed,  unmitigated  evil  upon  the  new 
States  and  Territories.  Such  inquiries  aro  not 
to  be  tolerated.  Courts  of  law  will  not  sustain 
actions  which  have  immoral  foundations ;  legis* 
lative  bodies  should  not  sustain  inquiries  which 
have  iniquitous  conclusions.  Courts  of  law  make 
it  an  object  to  give  public  satisfaction  in  the  a<l- 
ministraiion  of  justice  ;  legislative  bodies  should 
consult  tho  public  tranquillity  in  the  prosecution 
of  their  measures.  They  should  not  alarm  and 
agitate  the  country ;  yet,  this  inquiry,  if  it  goes 
on,  will  give  the  greatest  dissatisfaction  to  tho 
new  States  in  tho  West  and  South.  It  will  alarm 
and  aj,'itate  them,  and  ought  to  do  it.  It  will 
connect  itself  with  other  inquiries  going  on  else- 
where— in  the  other  end  of  this-  building — in  tho 
House  of  Ilepresentatives — to  make  the  new 
States  a  source  of  revenne  to  the  old  ones,  to  de- 
liver them  up  to  a  new  set  of  masters,  to  throw 
them  as  grapes  into  tho  wine  press,  to  be  trod 
and  squeezed  as  long  as  one  drop  of  juice  could 
be  pressed  from  their  hulls.  These meainx's  will 
go  together;  and  if  that  resolution  pa-ises,  ami 
this  one  jjasscs,  tho  transition  will  be  easy  and 
natural,  from  dividing  the  money  after  the  lands 
are  sold,  to  divide  the  lands  before  they  are  sold, 
and  then  to  renting  the  land  and  drawing  an  an- 
nual income,  instead  of  selling  it  for  a  price  in 
hand.  The  signs  arc  portentous ;  the  crisis  is 
alarming ;  it  is  time  for  the  new  States  to  wake 
up  to  their  danger,  and  to  pieparc  for  a  struggle 
which  carries  ruin  and  disgrace  to  them,  if  the 
issue  is  against  them," 

Tho  debate  spread,  and  took  an  acrimonious 

turn,  and  sectional,  imputing  to  the  quarter  of 

the  Union  from  which  it  came  an  old,  and  early 

policy  to  check  the  growth  of  tho  West  at  the 


iir  :  If 


'"    I  111  Hilill 


li:'i:i:iiv 


'III: 


SEE 


132 


TFURTY  YEARS'  VIKW. 


''' 


:'i 


i         t 


otitsct  by  proiKising  to  limit  the  sale  of  the  west- 
ern lan'ls  to  a  '•  clenn  riddance  "  as  tlicy  went — 
selling  no  tract  in  advance  until  all  in  the  rear 
waH  Hold  out.  It  MO  hafjpcned  that  the  llrHt  or- 
dinance reported  for  the  sale  and  survey  of  west- 
ern lands  in  the  Congress  of  the  Confederation, 
(1785.)  contained  a  provision  to  this  cfTect ;  ond 
cuuio  from  a  committuo  strongly  Northern — two 
to  one,  eight  against  four :  and  was  struck  out 
in  the  Hou-vo  on  the  motion  of  southern  members, 
supported  by  the  whole  power  of  the  South.  I 
gave  this  account  of  the  circumstance : 

'•  The  ordinance  reported  by  the  committee, 
contained  the  plan  of  surveying  the  public  lands, 
which  has  since  been  followed.  It  adopted  the 
scientific  principle  of  ranges  of  townships,  which 
has  been  continued  ever  since,  and  found  so 
beneficial  in  a  variety  of  ways  to  the  country. 
The  ranges  began  on  the  Pennsylvania  line,  and 
proceeded  west  to  the  Mississippi ;  and  since  the 
acquisition  of  Louisiana,  they  have  proceeded 
west  of  that  river ;  the  townships  began  upon 
the  Ohio  River,  and  proceeded  north  to  the  Lakes. 
The  townships  were  divided  into  sections  of  a 
mile  square,  six  hundred  and  forty  acres  each ; 
and  the  minimum  price  was  fixed  at  one  dollar 
jKT  acre,  and  not  less  than  a  section  to  be  sold 
togetlier.  This  is  the  outline  of  the  present  plan 
of  sales  and  survejs ;  and,  with  the  modifica- 
tions it  has  received,  and  may  receive,  in  gradua- 
ting the  price  of  the  land  to  the  quality,  the  plan 
is  excellent.  But  a  principle  was  incorporated 
ill  the  ordinance  of  the  most  fatal  character.  It 
was,  that  each  township  should  be  sold  out  com- 
plete before  any  land  could  be  ottered  in  the  next 
one!  This  was  tantamount  to  a  law  that  the 
lands  should  not  be  sold ;  that  the  country  should 
not  be  settled :  for  it  is  certain  that  every  town- 
ship, or  almost  every  one,  would  contain  land  un- 
fit for  cultivation,  and  for  which  no  person  would 
give  six  hundred  and  forty  dollars  for  six  hun- 
dred and  forty  acres.  The  effect  of  such  a  pro- 
vision may  be  judged  by  the  fact  that  above  one 
hundred  thousand  acres  remain  to  tliis  day  un- 
sold in  the  first  land  district ;  the  district  of  Steu- 
benvillo,  in  Ohio,  which  included  the  first  range 
and  first  township.  If  that  provision  had  re- 
mained in  the  ordinance,  the  settlements  would 
not  yet  have  got  out  of  sight  of  the  Pennsylva- 
nia line.  It  was  an  unjust  and  preposterous 
provision.  It  required  the  people  to  take  the 
country  clean  before  them  ;  buy  all  as  they  went ; 
mountains,  hills,  and  swamps ;  rocks,  glens,  and 
prairies.  They  were  to  make  clean  WM-k,  as  the 
giant  Polyphemus  did  when  he  ate  up  the  com- 
panions of  Ulysses : 

'Xb  entrails,  blood,  nor  Boltd  bono  remalnsi' 

Nothing  could  be  more  iniquitous  than  such  a 
provision.  It  wp  s  like  requiring  your  guest  to  eat 
all  the  bones  on  his  plate  before  he  should  have 
more  meat.    To  say  that  township  No.  1  should 


be  sold  out  complete  before  townNhi|)  No.  2  sfiould 
))<>  otiored  for  sale,  was  like  requirmg  the  bones 
of  the  first  turkey  lO  f)o  eat  up  before  the  breast 
of  the  second  one  should  l)0  touched.  Yet  such 
was  the  provision  contained  in  the  first  ordinance 
for  the  sale  of  the  pul)lic  lands,  reported  by  a 
committee  of  twelve,  of  which  eight  were  from 
the  north  and  four  from  the  south  side  of  thu 
Potomac.  How  invincible  must  have  been  the 
detorminoition  of  some  politicians  to  prevent  the 
settlement  of  the  West,  when  they  would  tliu.s 
counteract  the  sales  of  the  lands  which  had  just 
bcon  obtained  after  years  of  importunity,  for  tho 
payment  of  the  public  debt ! 

"  When  this  ordinance  was  put  upon  its  pas- 
sage in  Congress,  two  Virginians,  whoso  names. 
for  that  act  alone,  would  deserve  the  lasting  gra- 
titude of  the  West,  levelled  their  blows  against 
the  obnoxious  provision.  Mr.  Grayson  moved  to 
strike  it  out,  and  Mr.  Monroe  seconded  him ;  and, 
after  an  animated  and  arduous  contest,  they  suc- 
ceeded. The  whole  South  supported  them  ;  not 
one  recreant  arm  from  the  South ;  many  scatter- 
ing members  from  the  North  also  voted  with 
the  South,  and  in  favor  of  the  infant  AVest ;  prov- 
ing then,  as  now,  and  as  it  always  has  been,  that 
the  West  has  true  supporters  of  her  rights  ami 
interests — unhappily  not  enough  of  them — in 
that  quarter  of  the  Union  from  which  the  mea- 
sures have  originated  that  several  times  threaten- 
ed to  be  fatal  to  her." 

Still  enlarging  its  circle,  but  as  yet  still  confined 
to  the  sale  and  disposition  of  the  public  lands, 
the  debate  went  on  to  discuss  the  propriety  ol 
selling  them  to  settlers  at  auction  prices,  and  at 
an  abitrary  minimum  for  all  qualities,  and  a  re- 
fusal of  donations ;  and  in  this  hard  policy  the 
North  was  again  considered  as  the  exacting  part 
of  the  Union — the  South  as  the  favorer  of  liberal 
terms,  and  the  generous  dispenser  of  gratuitous 
grants  to  the  settlers  in  the  ne\ir  States  and  Ter- 
ritories. On  this  point,  Mr.  Hayne,  of  South 
Carolina,  thus  expressed  himself: 

"  The  payment  of  '  a  penny,'  or  a  '  pcpjicr 
corn,'  was  the  stipulated  price  which  our  fathers 
along  the  whole  Atlantic  coast,  now  composing 
the  old  thirteen  States,  paid  for  their  lands  ;  and 
even  when  conditions,  seemingly  more  substan- 
tial, were  annexed  to  the  grants ;  such  for  instance 
as  '  settlement  and  cultivation ; '  these  were  con- 
sidered as  substantially  complied  with,  by  the 
cutting  down  a  few  trees  and  erecting  a  log  cabin 
— the  work  of  only  a  few  da)s.  Even  these  con- 
ditions very  soon  came  to  be  consideretl  as  merely 
nominal,  and  were  never  required  to  be  pursued, 
in  order  to  vest  in  the  grantee  the  fee  simple  ol 
the  soil.  Such  was  the  system  under  which  this 
countr}'-  was  originally  settled,  and  under  which 
the  thirteen  colonies  Hourished  and  grew  up  to 
that  early  and  vigorous  manhood,  which  enabled 
them  in  a  few  years  to  achieve  their  independence ; 


and  I  beg  ge 
fact,  that,  wl 
to  the  niolhe 
industry  wer 
hunils.     No« 
hon  which  hii 
systeni   in 
('an  it  be  an.^ 
only  certain 
ncss.  great  ai 
not  that  poll! 
•hat  the  coni, 
out  ••  the  savii 
cutting  down 
countering  n1 
sarily  incidei 
ness  into  cull 
pie  of  the  so 
the  mother 
for  the  value 
tions  to  her  | 
mercc  and  ( 
and  populou> 
candid  consii 
policy  so  dial 
been  invarial 
wards  the  no 
so  just  and  I 
to  believe.     ( 
nics  to  the  noi 
to  the  south 
reared  up  un 
which  had  bei 
every  .settler, 
pense  of  the 
into  the  ham 
sale  at  the  hi 
the  most  favc 
a  spirit  of  th( 
with  a  limita 
below  a  certi 
as  it  would  si 
not  to  settle 
tion  of  new  I 
ing  our  landi 

The  debat 
eign  to  the  e 
olution,  and 
nations,  wou 
ing  to  any 
this ;  and  to 
its  indefinite 
motion  he  di 
new  topics,  i 
extended  th^ 
posed  to  ten 
ferred  to  th( 
ing  the  fam 
ernment  of 
pecially  in 


ANNO  1829.    ANDREW  JACKSON,  I'RESIDENT. 


133 


t 


and  I  beg  gentlemen  to  recollect,  and  note  thu 
fuct,  that,  while  they  {mid  Nubstantiaily  nothing 
to  the  mother  country,  the  whole  protits  of  their 
industry  were  Hud'ered  to  remain  in  their  own 
hiiiids.  Now,  what,  let  us  im^uiro,  waH  tlio  rea- 
son which  hiis  induced  all  nations  to  adopt  this 
systiin  in  the  settlement  of  new  countries? 
Can  it  he  any  other  than  this ;  that  it  aflbrds  tho 
only  certain  means  of  building  up  in  a  wiider- 
ni'ss,  great  and  pros|M>rous  communities  1  Was 
not  that  policy  founded  on  the  universal  belief, 
that  the  conquest  of  a  new  country,  the  driving 
out "  the  savage  beasts  and  still  more  savage  men," 
cutting  down  and  subduing  the  forest,  and  en- 
countering all  thu  hardships  and  pi'ivations  neces- 
sarily incident  to  the  conversion  of  the  wilder- 
ness into  cultivated  fields,  was  worth  the  fee  sim- 
ple of  the  soil  ?  And  was  it  not  believed  that 
the  mother  country  found  ample  remuneration 
for  the  value  of  the  land  so  granted,  in  the  addi- 
tions to  her  power  and  tho  new  sources  of  com- 
merce and  of  wealth,  furnished  by  prosperoris 
and  populous  States?  Now,  sir,  I  submit  to  the 
candid  consideration  of  gentlemen,  whether  the 
policy  so  diametrically  opposite  to  this,  which  has 
been  invariably  pursued  by  the  United  States  to- 
wards the  new  States  in  the  West  has  been  quite 
so  just  and  liberal,  as  wo  have  been  accustomed 
to  believe.  Certain  it  is,  that  the  British  colo- 
nies to  the  north  of  us,  and  the  Spanish  and  French 
to  tlie  south  and  west,  liavo  been  fostered  and 
reared  up  under  a  very  diO'erent  system.  Lands, 
which  had  been  for  fifty  or  a  hundred  years  open  to 
every  settler,  without  any  charge  beyond  the  ex- 
pense of  the  survey,  were,  the  moment  they  fell 
into  the  hands  of  the  United  States,  held  up  for 
sale  at  the  highest  price  that  a  public  auction,  at 
the  most  favorable  seasons,  and  not  unfrequently 
a  spirit  of  tho  wildest  competition,  could  produce ; 
with  a  limitation  that  they  should  never  be  sold 
below  a  certain  minimum  price ;  thus  making  it, 
as  it  would  seem,  the  cardinal  point  of  our  policy, 
not  to  .settle  the  country,  and  facilitate  the  forma- 
tion of  new  States,  but  to  till  our  cofl'ers  by  coin- 
ing our  lands  into  gold." 

The  debate  was  taking  a  turn  which  was  for- 
eign to  the  expectations  of  the  mover  of  the  res- 
olution, and  which,  in  leading  to  sectional  crimi- 
nations, would  only  inflame  feelings  without  lead- 
ing to  any  practical  result.  Mr.  Webster  saw 
this ;  and  to  get  rid  of  the  whole  subject,  moved 
its  indefinite  postponement ;  but  in  arguing  his 
motion  he  delivered  a  speech  which  introduced 
new  topics,  and  greatly  enlarged  the  scope,  and 
extended  the  length  of  the  debate  which  he  pro- 
posed to  terminate.  One  of  these  new  topics  re- 
ferred to  the  authorship,  and  the  merit  of  pass- 
ing the  famous  ordinance  of  1787,  for  the  gov- 
ernment of  the  Northwestern  Territory,  and  es- 
pecially in  relation  to  tho  antislavery  clause 


which   that  onlinancc  contained.     Mr.  Webster 
claimed  the   merit  of  this  authorship   for  Mr. 
Niithan   Dane — an  eminent  jurist  of  Mussiichu- 
sctts,  and  avowed  that  '•  it  iffw  carriiit  hij  the 
North,  and  by  the  North  ulomy     I   replied, 
claiming  the  authorship  for  Jlr.  JefUrson,  and 
showing  from  the  Journals  that  ho  (Mr.  .leller- 
son)  brought  the  njuasurc  into  Congress  in  the 
year  1784  (the  I'Jth  of  April  of  that  year),  as 
chairman  of  a  committee,  with  tho  antislavery 
clause  in  it,  which  Mr.  Speight,  of  North  Caroli- 
na, moved  to  strike  out ;  and  it  was  struck  out 
— tho  three  Southern  States  present  voting  for 
the  striking  out,  because  tho  clause  did  not  then 
contain  tho  provision  in  favor  of  tho  recovery  of 
fugitive  slaves,  which  was  oftcrwards  ingrafted 
upon  it.    Mr.  Webster  says  it  was  struck  out 
because  •'  nine  States  "  did  not  vote  for  its  reten- 
tion.    That  is  an  error  arising  from  confounding 
the  powers  of  the  confederation.     Nine  States 
were  only  required  to  concur  in  measures  of  tho 
highest  import,  as  declaring  war,  making  i)eace, 
negotiating  treatif     &c., — and   in  all  ordinary 
legislation  the  roncurrence  of  a  bare  majority 
(seven)  was  suflicient ;  and  in  this  case   there 
were  only  six  States  voting  for  the  retention. 
New  Jersey  being  erroneously  counted  by  Mr. 
AVebstcr  to  make  seven.     If  she  had  voted  the 
number  would  have  been  seven,  and  the  clause 
would  have  stood.    He  was  led  into  the  error  by 
seeing  tho  name  of  Mr.  Dick  appearing  in  the 
call  for  New  Jersey  ;  but  New  Jersey  was  not 
present  as  a  State,  being  represented  by  only  one 
member,  and  it  requiring  two  to  constitute  the 
presence  of  a  State.    Mr.  Dick  was  indulged  with 
putting  his  namo  on  the  Journal,  but  his  vote 
was  not  counted.    Mr.  Webster  says  the  ordi- 
nance reported  by  Mr.  JelTerson  in  1784.  did  no*' 
pass  into  a  law.    This  is  a  mistake  again.    li 
did  pass ;  and  that  within  five  days  after  the 
antislavery  clause  was  struck  out — and  that 
without  any  attempt   to   renew    that   clause, 
although   the  competent   number    (seven)    of 
non-slaveholding  States  were  present — the  col- 
league of  Mr.  Dick  having  joined  him,  and  con- 
stituted the  presence  of  New  Jersey.    Two  years 
afterwards,  in  July  1787,  the  ordinance  was  pass- 
ed over  again,  as  it  now  stands,  and  was  pre- 
eminently the  work  of  the  South.    The  ordi- 
nance, as  it  now  stands,  was  reported  by  a  com- 
mittee of  five  members,  of  whom  three  were 
from  slaveholding  States,  and  two  (and  one  of 


III 


If'., 


!"i!l 


134 


THIRfT  TEARS'  VIEW. 


l 


:U 


'    .i 


I 


.* 


I' 


them  the  chairman)  wore  from  Vii{;;inia  alone. 
It  received  its  first  reading  the  day  it  i^as  re- 
ported— its  second  reading  the  Hcxt  day,  wi.  ^n 
one  other  State  had  appeared — the  third  rcadi  >g 
on  the  day  ensuing;  going  through  all  the 
forms  of  legislation,  and  becoming  a  law  in  three 
days — receiving  the  votes  of  the  eight  States 
present,  and  the  vote  of  every  member  of  each 
State,  except  one;  and  that  one  from  a  free 
State  north  of  the  Potomac.  These  details  I 
verified  by  producing  the  Journals,  and  showed 
under  the  dates  of  July  llth,1787,  and  July  12th 
and  13th,  the  votes  act  dally  given  for  the  ordi- 
nance. The  same  vote  repealed  the  ordinance 
(Mr.  Jeflerson's)  of  1784.  I  read  in  the  Senate 
the  passages  from  the  Journal  of  the  Congress 
of  the  confederation,  the  passages  which  showed 
these  votes,  and  incorporated  into  the  speech 
which  I  published,  the  extract  from  the  Journal 
which  I  produced ;  and  now  incorporate  the  same 
in  this  work,  that  the  authorship  of  that  ordi- 
nance of  1787,  and  its  passage  through  the  old 
Congress,  may  be  known  in  all  time  to  come  as 
the  mdisputable  work,  both  in  its  conception  and 
consummation,  of  the  South.  This  is  tho  ex- 
*"act : 

THE   JOURNAL. 

Wednesday,  July  Wth,  1787. 

" Congress  assembled  :  Present,  thj  seven 
Stot  s  above  mentioned."  (Massachusetts,  New 
Y'.  i*k,  New  Jereey,  Virginia  Nortn  Carolina, 
South  Carolina,  and  Georgia — i.) 

"  The  Committee,  consisting  of  Mr.  Carring- 
ton  (of  Virginia),  Mr.  Dane  (of  Massachusetts), 
Mr.  11.  H.  Lee  (of  Virginia),  Mr.  Kcan  (of  South 
Carolina),  and  Mr.  Smith  (of  New  York),  to 
whom  was  referred  the  report  of  a  committee 
touching  the  temporary  government  of  the  Wesi- 
ern  Territory,  reported  an  onlinance  for  the  go- 
vernment of  the  Territory  of  the  United  States 
northwest  of  the  river  Ohio ;  wliich  was  read  a 
first  time. 

"Ordered,  That  to-morrow  be  assigned  for 
the  second  reading." 

"  Thursday,  July  \2th,  1787. 

"  Congress  assembled  :  Present,  Massachu- 
setts, New  York,  New  Jersey,  Delaware,  Vir- 
ginia, North  Carolina,  South  Carolina,  aitd  Geor- 
gia-(8.) 

"According  to  order,  the  ordinance  for  the 
governm(!nt  of  the  Territory  of  the  United  States 
northwest  of  the  river  Ohio,  was  read  a  second 
time. 

"Ordered,  That  to-morrow  be  assigned  for 
tho  third  reading  of  said  ordinance." 


''Friday,  Julif  13//i,  1787.  ,. 

"  Congress  assembled :  Present,  as  yesterday. 

"  According  to  order,  the  ordinance  for  tho 
government  of  the  Territory  of  the  United  States 
northwest  of  the  river  Ohio,  was  read  a  third 
time,  and  passed  as  follows." 

[Here  follows  the  whole  o-dinance,  in  tho 
voy  words  in  which  it  now  appears  among  tho 
laws  of  the  United  States,  with  the  non-slavery 
clause,  the  provis'ons  in  favor  of  schools  and 
education,  against  impairing  the  obligation  of 
contracts,  laying  the  foundation  and  security  of 
all  these  stipulations  in  compact,  in  favor  of  re- 
storing fugitives  from  service,  and  repealing  tho 
oi-dinance  of  23d  of  April,  1784 — the  one  report- 
ed by  Mr.  Jefl'erson.] 

"On  passing  the  above  ordinance,  the  yens 
and  nays  being  required  by  Mr.  Yates  : 

Massachusetts — Mr.  Holten,  aye  ;  Mr.  Bane, 
aye. 

New  York — r>fr.  Smith,  oye ;  Mr.  Yates,  no ; 
Mr.  Harring,  aye. 

New  Jersey — Mr.  Clarke,  aye ;  IMr.  Scheur- 
man,  aye. 

Delaware. — Mr.  Kearney,  aye  ;  Mr.  Mitchell, 
aye. 

Virginia — Mr.  Grayson,  aye ;  M-.  R.  IT.  Lee, 
aye  ;  Mr.  Carrington,  aye. 

North  Carolina — Mr.  Blount,  aye ;  Mr.  Haw- 
kins, aye. 

South  Carolina — Mr.  Kean,  aye ;  Mr.  Hu- 
ger.  aye. 

Georgia — Mr.  Few,  aye  ;  Mr.  Pierce,  aye. 

So  it  was  resolved  in  the  aflBrmative."  (Page 
754,  volume  4.) 

The  bare  reading  of  these  passages  from  the 
Journals  of  the  Congress  cf  the  old  confwlera- 
tion,  shows  how  erroneous  Mr.  Webster  was  in 
these  portions  of  his  s])eich  : 

"  At  the  foundation  of  the  constitution  of  these 
new  northwestern  States,  w-  are  accustomed, 
sir,  to  praise  the  lawgivers  of  antiquity  ;  we 
help  to  perpetuate  the  fame  of  Solon  and  L3car- 
gus ;  but  I  doubt  whether  one  single  law  of  any 
lawgiver,  ancient  or  modern,  has  produced  cflecls 
of  more  distinct,  marked,  and  lasting  churucter, 
than  the  ordinance  of  '87.  That  instrument, 
was  drawn  hy  Nathan  Dane,  then,  and  now,  a 
citizen  of  Massachusetts.  It  was  adopted,  as  I 
think  I  have  understood,  without  the  slightest 
alteration ;  and  certainly  it  has  happened  to  fuw 
men  to  be  the  authors  of  a  political  measure  of 
more  large  and  enduring  consequence.  It  fixed, 
for  ever,  the  character  ot  the  population  in  the 
vast  regions  northwest  of  tho  Ohio,  hy  exclud- 
ing from  them  involuntary  servitude.  It  iia- 
pressed  on  the  soil  itself,  while  it  was  yet  a  wil- 
derness, an  incapacity  to  bear  iip  any  other  than 
free  men.  It  laid  the  interdict  against  personal 
servitude,  in  original  compact,  not  only  deeper 
tbau  all  local  law,  but  deeper,  also,  than  all  local 


1 


■' 


constitutions 
existing,  I  1( 
able  provisio 
its  con.sequei 
never  cease 
shall  flow, 
of  preventiot 
no  intelliger 
to  ask  whetl 
been  applied 
a  wilderness 
gap  of  the 
would  have 
ness  of  that 
not  to  be  doi 
produced  an 
measured  in 
extent  and  i 
sir,  this  grea 
north,  and  b 
deed,  individi 
it  was  supp 
votes  of  the 
had  been  go 
views  now  i 
was,  of  all  0 
her  purpose! 
means  of  re 
from  her  o\ 
looked  to  tha 
She  deemed 
the  States  th 
and  advantaj 
adhered  to  tl 
after  year,  ui 
"  An  attere 
the  North  to 
sion  of  slavei 
The  journal, 
fates  such  a 
was  made,  M 
following,  a 
Jefferson,  CI 
for  a  tcmpori 
which  was  i 
1800,  ihe-e 
untary  sorvii 
wise  than  in 
party  shall  1 
of  North  C 
paragraph, 
the  form  th 
stand,  as  pa 
shire,  Massi 
cut.  New  Yc 
—seven  Stal 
land.  Virgin 
tive.    Nortli 
sent  of  nin 
could  not  sti 
ly.    Mr.  Je 
overruled  b3 
"In  Man 
of  Massachi 
Rhode  Islai 


ANNO  1829.    ANDREW  JACKSON,  TRESIDENT. 


135 


constitutions.  Under  the  circni  istanccs  then 
existing,  I  look  upon  t''i.i  original  md  season- 
able provision,  as  a  real  good  attained.  We  see 
its  consequences  at  this  moment,  and  wc  shall 
never  cease  to  sec  them,  perhaps,  while  the  Ohio 
shall  flow.  1 1  wa.s  a  great  and  salutary  measure 
of  prevention.  Sir.  I  should  fear  the  rebuke  of 
no  intelligent  gentleman  of  Kentucky,  were  I 
to  ask  whether  if  such  an  ordinance  could  have 
been  applied  to  bis  own  Siate,  while  it  yet  was 
a  wilderness,  and  before  Loon  hod  passe<l  the 
gap  of  the  Alleghany,  he  does  not  suppose  it 
would  have  contributed  to  the  ul'imate  great- 
ness of  that  commonwealth  ?  It  is,  at  any  rate, 
not  to  be  doubted,  that  where  it  did  apply  it  has 
produced  an  effect  not  easily  to  be  described,  or 
measured  in  the  growth  of  the  States,  and  the 
extent  and  increase  of  their  population.  Now, 
sir,  this  great  ncasure  again  was  carried  by  the 
north,  and  by  the  north  alone.  There  were,  in- 
deed, individuals  elsewhere  favorable  to  it ;  but 
it  was  supported  as  a  measure,  entirely  by  the 
votes  of  the  northern  States.  If  New  England 
had  been  governed  by  the  narrow  and  aelfish 
views  now  ascribed  to  her,  this  very  measure 
was,  of  all  others,  the  best  calculated  to  thwart 
her  purposes.  It  was,  of  all  things,  the  very 
means  of  rendering  certain  a  vast  emigration 
from  her  own  population  to  tho  west.  She 
looked  to  that  consequence  only  to  disregard  it. 
She  deemed  the  regulation  a  most  useful  one  to 
the  States  that  would  spring  up  on  the  territory, 
and  advantageous  to  the  country  at  large.  She 
adhered  to  the  principle  of  it  perseveringly,  year 
after  year,  until  it  was  finally  accomplished. 

"  An  attempt  has  been  made  to  transfer,  from 
the  North  to  the  South,  th:  nonor  of  this  exclu- 
sion of  slavery  from  the  northwestern  territory. 
The  journal,  without  argument  or  comment,  re- 
futes such  attempt.  The  cession  by  Virginia 
was  made,  March,  1784.  On  the  19th  of  April 
following,  a  committee,  consisting  of  Messrs. 
Jefferson,  Chase,  and  Howell,  reported  a  plan 
for  a  temporary  government  of  tlie  territory,  in 
which  w  as  this  article  :  '  that,  after  the  year 
1800,  i!!ere  shall  be  neither  slavery,  nor  invol- 
untary servitude  in  a'ly  of  tho  said  States,  other- 
wise than  in  punish  nent  of  crimes,  whereof  the 
party  shall  have  been  convicted.'  Mr.  Speight, 
of  North  Carolma,  moved  to  strike  out  this 
paragraph.  The  question  was  put,  according  to 
the  form  then  practised  :  '  Shall  these  words 
stand,  as  part  of  the  plan,  &c.  1  New  Hamp- 
shire, Massachusetts,  Rho.  e  Island,  Connecti- 
cut, New  York,  New  Jersey,  and  Pennsylvania 
— seven  States,  voted  in  the  affirmative.  Mary- 
land, Virginia,  and  South  Carolina,  in  the  nega- 
tive. North  Carolina  was  divided.  As  the  con- 
sent of  nine  States  was  necessar}',  tho  words 
could  not  stand,  and  were  struck  out  according- 
ly. Mr.  Jefferson  votcu  for  the  clause,  but  was 
overruled  by  his  colleagues. 

"In  March,  the  next  year  [1785],  Mr.  King 
of  Massachusetts,  seconded  by  Mr.  Ellery  of 
Rhode  Island,  proposed  the  foroierly  rejected 


article,  with  this  addition :  ^And  that  thi»  regu- 
lation shall  be  an  article  of  compact,  and  re- 
viain  a  fundamental  principle  oj  the  constitu- 
tions between  the  thirteen  original  Stated  and 
earh  of  the  States  described  in  the  resolve,^  &c. 
Oa  this  clause,  which  provided  the  adequate  and 
thorough  security,  the  eight  northern  Slates  ut 
that  time  voted  affirmatively,  and  the  four 
southern  States  negatively.  The  votes  of  nine 
States  were  not  yet  obtained,  and  thus,  the  pro- 
vision was  again  rejected  by  the  southern  States, 
The  perseverance  of  the  north  held  out,  and  two 
years  afterwards  the  object  was  attaineil." 

This  is  shown  to  be  all  erroneous  in  relation  to 
this  ordinance.  It  was  not  first  drawn  by  Mr. 
Dane,  but  by  Mr.  Jefferson,  and  that  nearly  two 
years  before  Mr.  Dane  came  into  Congress.  It 
was  not  passed  by  the  North  alone,  but  equally 
by  the  South — there  being  but  eight  States  pre- 
sent at  the  passing,  and  they  equally  of  the  North 
and  the  South — and  the  South  voting  unani- 
mously for  it,  both  as  States  and  as  individual 
members,  while  the  North  had  one  member  against 
it.  It  was  not  baffled  two  years  for  the  want  of 
nine  States ;  if  so,  and  nine  States-  had  been  neces- 
sary, it  would  not  have  been  passed  when  it  was, 
and  never  by  free  State  votes  alone.  There  were 
but  eight  States  (both  Northern  and  Southern) 
present  at  the  passing  ;  and  there  were  not  nine 
free  States  in  the  confederacy  at  that  time.  There 
were  but  thirteen  in  all :  and  the  half  of  these, 
as  nearly  as  thirteen  can  be  divided,  vi-ore  slav« 
States.  The  fact  is,  that  the  South  only  delayed 
its  vote  for  the  antislavcry  clause  in  the  ordi- 
nance for  want  of  the  provision  in  f.ivor  of  re- 
covering fugitives  from  service.  As  soon  as  that 
was  added,  she  took  the  lead  again  for  the  ordi- 
nance— a  fact  which  gives  great  emphasis  to  tho 
corresponding  provision  in  the  constitution. 

Mr.  Webster  was  present  when  I  read  these 
extracts,  and  said  nothing.  He  neither  reaffirm- 
ed his  previous  statement,  that  Mr.  Dane  was 
the  author  of  the  ordinance,  and  that  "this  great 
measure  was  caitied  by  the  North,  and  by  the 
North  alone."  lie  said  nothing ;  nor  did  he  af- 
terwards correct  the  errors  of  his  speech  :  and 
they  now  remain  in  it ;  and  have  given  occask)n 
to  a  very  authentic  newspaper  contradiction  of 
his  statement,  copied,  like  my  statement  to  the 
Senate,  from  the  Journals  of  the  old  Congress. 
It  was  by  Edward  Coles,  Esq.,  formerly  of  Vir- 
ginia, and  private  secretary  tc  President  Madi- 
son, afterwards  governor  of  the  State  of  Illinois, 
and  now  a  citizen  of  Pennsylvania,  resident  of 


liii  it; 


%': 

ill 

ii'^l'^lll^lij 


W: 


136 


THIRTY  YEARS'  VIEW 


^. 


'ii4i' 


'♦   ; 


J-;    ^ 


Philadelphia.     lie  made  his  correction  tlirongh 
the  National  Intelligencer,  of  Washington  City ; 
and  being  drawn  from  the  same  sources  it  agrees 
entirely  with  my  own.    And  thus  the  South  is 
entitled  to  the  credit  of  oj-iginating  and  pass- 
ing this  great  measure — a  circumstance  to  be  re- 
membered and  quoted,  as  showing  the  South  at 
that  time  in  taking  the  lead  in  curtailing  and  re- 
stricting the  existence  of  slavery.    The  cau.se  of 
Mr.  AVebster's    mistakes  may  be  found   in  the 
fact  that  the  ordinance  was  three  times  before  the 
old  Congress,  and  once  (the  third  time)  in  the 
hands  of  a  committee  of  which  Mr.  Dane  was  a 
member.     It  was  first  reported  by  a  committee 
of  three  (April,  178-1)  of  which  two  were  from 
slave  states,  (Mr.  Jeiferson  of  Virginia  and  Jlr. 
Chase  of  Maryland,)   Mr.   Howard,   of  Rhode 
Island  ;  and  thi.;.  as  stated,  was  nearly  two  jcars 
before  Mr.  Dane  became  a  member.     The  anti- 
slavery  clause  was  then  dropped,  there  being  but 
six  States  for  it.    Tlie  next  year,  the  antislaverj' 
clause,  with  some  modification,  was  moved  by  Mr. 
Rufus  King,  and  sent  as  a  proposition  to  a  commit- 
tee :  but  did  not  ripen  into  a  law.    Afterwards 
the  whole  ordinance  was  passed  as  it  now  stands, 
upon  the  report  of  a  committee  of  six,  of  whom 
j\Ii'.  Dane  was  one  ;  but  not  the  chairman. 

Closely  connected  with  this  question  of  author- 
Bhip  to  which  Mr.  Webster's  remarks  give  rise, 
was  another  wln'ch  excited  some  warm  discussion 
— the  topic  of  slavery — and  the  effect  cf  its  ex- 
istence or  non-existence  in  different  States.  Ken- 
tuck)' and  Ohio  were  taken  for  exampler*.  and  the 
superior  improvement  and  population  of  Ohio 
were  attributed  to  its  exemption  from  the  evils 
of  slavery.  This  was  an  excitable  subject,  and 
the  more  bo  because  the  wounds  of  tlic  Missouri 
controversy,  in  which  the  North  was  the  undis- 
puted aggressor,  were  still  tender,  and  hardly 
scarred  over.  Mr.  IIa3'ne  answered  with  warmth 
and  resented  as  a  reflection  upon  the  slave  States 
this  disadvantageous  comparison.  I  repli»d  to 
the  same  topic  myself,  and  said  : 

"  I  was  on  the  subject  of  slavery, as ccnncclcd 
w:*h  the  Missouri  question,  when  last  on  the 
floor.  The  senator  from  South  Carolina  [Mr. 
Ilayne]  could  see  nothing  in  the  question  before 
the  Senate,  nor  in  any  previous  part  of  the  de- 
bate, to  justify  the  introduction  of  that  topic. 
Neither  could  I.  He  thought  he  saw  the  ghost 
of  the  Missouri  question  brought  in  among  us. 
So  did  I.  He  was  astonished  at  the  apparition. 
I  was  not :  for  a  clo.sc  observance  of  the  signs 
iu  the  West  had  prepared  me  for  this  develop- 


ment from  the  East.     I  was   well  firepared  for 
that  invective  against  slavery,  and  for  that  am- 
plification of  the  blessings  of  exemption    from 
slavery,   exemplified  in  the   condition  of  Ohio 
which  the  senator  from  Massachusetts  indulgeti 
in,  and  which  the  object  in  view  recpiired  to  be 
d-rived  from  the  Northeast.     I  cut  the  root  of 
'  derivation  by  reeding  a  passage  from  the 
./ojrnals  of  the  old  Congress  ;  but  this  will  not 
l)revent  the  invective  and  encomium  from  going 
forth  to  do  their  office ;  nor  obliterate  the  line 
which  was  drawn  between  the  free  State  of  Ohio 
and  the  slave  State  of  Kentucky.    If  the  only 
results  of  this   invective  and   encomium  were 
to  exalt  still  higher  the  oratorical  fame  of  the 
speaker,  I  should  spend  not  a  moment  in  remark- 
ing upon  them.  But  it  is  not  to  be  forgotten  that 
the  terrible  Mi.ssouri  agitation  took  its  rise  from 
the  '•  substance  of  two  speeches"  delivered  on 
this  floor ;  and  since  that  time,  antislavery  speech- 
es, coming  from  the  same  political  and  geographi- 
cal quarter,  arc  not  to  be  disregarded  heie.  What 
was  said  upon  that  topic  was  certainly  intended 
for  the  north  side  of  the  Potomac  and  Ohio ;  to 
the  people,  then,  of  that  division  of  the  Union 
I  wish  to  ,address  myself,  and  to  disabuse  them 
of  some  erroneous  impressions.     To  them  I  can 
truly  say,  that  slavery,  iu  the  abstract,  has  but 
few  advocates  or  defenders  in  the  slave-liolding 
Status,  and  that  slavery  as  it  is,  an  hereditary  in- 
stitution descended  upon  us  from  our  ancestors, 
would  have  fewer  advocates  among  us  than  it 
has,  if  those  who  liave  nothing  to  do  with  the 
subject  would  only  let  us  alone.     The  sentimeiii 
in  favor  of  slavery  was  much  weaker  before  tho  c 
intcrmcddlers  began  their  optnations  than  it  i.-<  at 
present.     The  views  of  leading  jucn  in  the  North 
and  the  South  were  indi.sputably  the  same  in 
tho  earlier  periods  of  our  government.     Of  this 
our  legislative  history  con*  lins  the  highest  proof. 
The  foreign-slave  trade  was  prohiltited  in  Virgi- 
nia, as  .soon  as  the  Revolution  began.    It  was  one 
of  her  first  acts  of  .sovereignty.     In  tlie  conven- 
tion of  that  State  which  adopted  the  ftderal  con- 
stitution, it  was  an  objection  to  that  instrument 
that  it  tolerated  the  African  slave-tiade  for  twen- 
ty years.     Nothing  that  has  appeared  since  has 
surpassed  the   indignant  denunciations   of  this 
traffic  b)'  Patrick  Henry,  George  JIason,  and 
others,  in  that  convention. 

"  Sir,  I  regard  with  admii-ation,  t}iat  is  to  say, 
with  wonder,  the  .sublime  morality  of  tho.se  who 
caimot  bear  the  abstract  contemplation  of  sla- 
very, at  the  distance  of  five  hundred  or  a  thou- 
sand miles  off.  It  is  entirely  above,  that  is  to 
saj',  it  afTects  a  vast  superiority  over  the  moral- 
ity of  the  primitive  Christians,  the  apostles  of 
Christ,  and  Christ  himself.  Christ  and  the 
apostles  appeared  in  a  province  of  tlic  Roman 
empire,  when  that  empire  was  called  the  Roman 
world,  and  that  world  was  filled  with  slaves. 
Forty  millions  was  the  entimatcd  number,  being 
one-foiu'th  of  the  whole  population.  Single  indi- 
viduals held  twenty  thousand  slaves.  A  freed 
man,  one  who  Ji^  himself  been  a  slave,  died  the 


I 


possessor  of 
bers.    Tho"; 
tude  of  huma 
without  prot( 
public  sentin 
fish-pond,  th 
arena  of  of  tl; 
upon  the  slig 
A  law  of  inci 
sponsible  wit 
master;  it 
whole  housei 
as.sassination 
as  many  as  ft 
a  time.    Anc 
of  Europe  ai 
other  nations 
of  th^  world  t 
of  the  humii 
nunf»ber  of  th 
and  their  whi 
his  own ;  yet 
he  preached  i 
tion  and  mass 
tion  to  the  sti 
authorize  an 
natc  that  sup 
he  himself  ap 
no  such  doctr 
which  inculca 
cnce  on  the 
kindness  on  tl 
did  the  same 
slave.  Onesim 
a]«)logy  and  .« 
to  harltor  a  r 
from  his  mas 
insurrection. ' 

This  allu.sic 
invective  agai 
it,  brought  a 
what  their  co 
tion  of  tho  sli 
United  States 
interfere  bet\ 
whatever.    1 

»  When  till 
for  the  ratific 
who  iniaginei 
which  it  proj! 
sonic  iwssibli 
ing  to  the  ab 
would,  of  coi 
southern  coni 
nor  llandolpl 

"•1  ho|)e  I 
tiie  subject  ii 
makeaiiolije' 
at  the  uiomc 
tlieir  citizens 
is  a  spark  ol 


m  ^   .!• 


ANNO  1829.    ANDREW  JACKSON,  PRESII>ENT. 


137 


E)ssessor  of  four  thousand — such  were  the  num- 
!rs.  Tho'rights  of  the  owners  over  this  niulti- 
tu  Jc  of  human  beings  was  that  of  life  and  death, 
without  protection  from  law  or  mitigation  from 
public  sentiment.  Tlv)  scourge,  the  cross,  the 
lish-pond,  the  den  of  the  wild  beast,  and  the 
arena  of  of  the  gladiator,  was  the  lot  of  the  slave, 
upon  the  slightest  expression  of  the  master's  will. 
A  law  of  incredible  atrocity  made  all  slaves  re- 
sponsible with  their  own  lives  for  the  life  of  their 
master;  it  was  the  law  that  condemned  the 
whole  household  of  slaves  to  death,  in  case  of  the 
assassination  of  the  master — a  law  imder  which 
as  many  as  four  hundred  have  been  executed  at 
a  time.  And  these  slaves  were  the  white  people 
of  Europe  and  of  Asia  Minor,  the  Greeks  and 
other  nations,  from  whom  the  present  inhabitants 
of  tho  world  derive  the  most  valuable  productions 
of  the  human  mind.  Christ  saw  all  this — the 
number  of  the  slaves — their  hapless  condition — 
and  thrir  white  color,  which  was  the  same  with 
his  own ;  yet  he  said  nothing  against  slavery ; 
he  preached  no  doctrines  which  led  to  insurrec- 
tion and  massacre;  none  which,  in  their  applica- 
tion to  the  state  of  things  in  our  couTitry,  would 
authorize  an  inferior  race  of  blacks  to  extermi- 
nate that  superior  race  of  whites,  in  whose  ranks 
he  himself  appeared  upon  eartli.  Jtio  preached 
no  such  doctrines,  but  those  of  a  contrary  tenor, 
which  inculcated  the  duty  of  fidelity  and  obedi- 
ence on  the  part  of  the  slave — ^Immanity  and 
kindness  on  the  part  of  the  master.  His  apostles 
did  the  same.  St  Paul  sent  back  a  runaway 
slave,  Oncsimus,  to  his  owner,  with  a  letter  of 
aiK)Iogy  and  supplication.  He  was  not  the  man 
to  liarlwr  a  runaway,  much  less  to  entice  him 
from  liis  master ;  and,  least  of  all,  to  excite  an 
insurrection. " 

Tills  allusion  to  the  Missouri  controversy,  and 
invective  against  the  free  States  for  their  part  in 
it,  brought  a  reply  from  Mr.  Webster,  showing 
what  their  conduct  had  been  at  the  first  introduc- 
tion of  the  slavery  topic  in  the  Congress  of  the 
United  States,  and  that  they  totally  refused  to 
interfere  between  master  and  slave  in  any  way 
whatever.    This  is  what  he  said : 

"  When  the  present  constitution  was  submitted 
for  the  ratification  of  the  people,  there  were  those 
who  imagined  tliat  i\\c  powers  of  the  government 
which  it  proposed  to  establish  might,  perhaps,  in 
some  jwssible  mode,  be  exerted  in  measures  tend- 
ing to  the  abolition  of  slavery.  Tiiis  suggestion 
would,  of  course,  attract  much  attention  in  the 
southern  conventions.  In  that  of  Virginia,  Gover- 
nor Randolph  spid: 

'"1  ho|)e  there  is  none  hi!re  who,  considering 
the  suI)joct  in  the  calm  light  of  philosopliy,  will 
make  an  objection  dishonorable  to  Virginia — that, 
at  the  moment  they  a.-e  securing  the  rights  of 
their  citizens,  an  object!  in  is  started,  that  there 
is  a  spark  of  hope  that  those  unfortunate  men 


now  held  in  bondage  may,  by  the  operation  cf 
the  general  government,  be  made  free. ' 

"  At  the  verj'  first  Congress,  petitions  on  the 
subject  were  presented,  if  I  mistake  not,  from 
different  States.  The  Pennsylvania  society  for 
promoting  the  abolitio.i  of  slavery,  took  a  lead, 
and  laid  before  Congress  a  mcmoriel,  praj'ing 
Congress  to  promote  the  abolition  by  such  powers 
as  it  possessed.  This  memorial  was  referred,  in 
the  Ilou.se  of  Representative's,  to  a  .select  commit- 
tee consisting  of  Mr.  Foster  of  New  Hampshire ; 
Mr.  Gerry  of  Massachusetts ,  Mr.  Huntington  of 
Connecticut;  Mr.  Lawrence  of  New- York;  Mr. 
Sinnickson  of  New  Jersey;  Mr.  Hartley  of 
Pennsylvania,  and  Mr.  Parker  of  Virginia;  all 
of  them,  sir,  as  j'ou  will  observe,  northern  men, 
but  the  last.  This  committee  made  a  report, 
which  was  committed  to  a  committee  of  the  whole 
house,  and  there  considered  and  discussed  on 
several  days ;  and  being  amended,  although  in 
no  material  respect,  it  was  made  to  express  three 
distinct  propositions  on  the  subject  of  slavery 
and  the  slave-trade.  First,  in  the  words  of  the 
constitution,  that  Congress  could  not,  prior  to  the 
year  1808,  prohibit  the  migration  or  importation 
of  such  persons  as  any  of  the  States,  then  exist- 
ing, should  think  proper  to  admit.  Second,  that 
Congress  had  authority  to  restrain  the  citizens 
of  the  United  States  from  carrying  on  the  Afri- 
can slave-trade,  for  the  purwse  of  supplying 
foreign  countries.  On  this  proposition,  our  laws 
against  those  who  engage  in  that  traffic,  are 
founded.  The  third  proposition,  and  that  which 
bears  on  the  present  question,  was  expressed  in 
the  following  terms : 

'• '  Resolved,  Tha'.  Congress  have  no  authority 
to  interfere  in  the  emancipation  of  slaves,  or  in 
the  treatment  of  them  in  any  of  the  States ;  it  re- 
maining with  the  several  States  alone  to  provide 
rules  and  regulations  therein,  which  humanity 
and  true  policy  may  require. ' 

''  This  resolution  received  the  sanction  of  the 
House  ofRepresentatives  so  early  as  March,  1790. 
And  now,  sir,  the  honorable  member  will  allow 
me  to  remind  him,  that  not  only  were  the  select 
committee  who  reported  the  resolution,  with  a 
single  exce[)tion,  all  northern  men.  but  also  that 
of  the  members  tKen  composing  the  House  of 
Representatives,  a  large  majority,  I  believe  near- 
ly two  thirds,  were  northern  men  also. 

"The  house  agreed  to  insert  these  resolutions 
in  its  journal,  and.  from  that  day  to  this,  it  has 
never  been  maintained  or  contended  that  Con- 
gress had  any  authority  to  regulate,  or  interfere 
with,  the  condition  of  slaves  in  the  several  States. 
No  northern  gentleman,  to  my  knowledge,  has 
moved  any  such  question  in  either  house  of  Con- 
gress. 

"  The  fears  of  the  South,  whatever  fears  they 
might  have  entertained,  were  allayed  and  quieted 
by  this  early  decision ;  and  so  remained,  till  they 
were  excited  afresh,  without  cause,  but  for  col- 
lateral and  indirect  purposes.  When  it  became 
necessary,  or  was  thought  so,  by  some  political 
persons,  to  find  an  unvarying  ground  for  the  ex- 


138 


THIRTY  YEARS'  VIEW. 


r^; 


^w- 


y'\^ 


elusion  of  northern   men  from  confidence  and 
from  lead  in  the  affairs  of  the  republic,  then,  and 
not  till  then,  the  cry  was  raised,  and  the  feeling 
industriously  excited,  that  the  influence  of  north- 
ern men  in  the  public  councils  would  endanger 
the  relation  of  master  and  slave.    For  myself  I 
claim  no  other  merit  than  that  this  gross  and 
enormous  injustice  towards  the  whole  North,  has 
not  wrought  upon  me  to  change  my  opinions,  or 
my  political  conduct.    I  hope  I  am  above  violat- 
ing my  principles,  even  under  the  smart  of  in- 
jury and  false  imputations.    Unjust  suspicions 
and  undeserved  leproach,  whatever  pjiin  I  may 
experience  from  them,  will  not  induce  me,  I  trust, 
nevertheless,  to  overstep  the  limits  of  constitution- 
al duty,  or  to  encroach  on  the  rights  of  others. 
The  domestic  slavery  of  the  South  I  leave  where 
I  find  it — in  the  hands  of  their  own  governments. 
It  is  their  afiair,  not  mine.     Nor  do  I  complain 
of  the  peculiar  cf  Ibct  which  the  magnitude  of  that 
population  has  had  in  the  distribution  of  power 
under  this  federal  govt^rnment.    We  know,  sir, 
that  the  representation  of  the  states  in  the  other 
house  is  not  equal.    We  know  that  great  ad- 
vantage, in  that  respect,  is  enjoyed  by  the  slave- 
holding  States ;  and  we  know,  too.  that  the  in- 
tended equivalent  for  that  advantage,  that  is  to 
say,  the  imposition  of  direct  taxes  in  the  same 
ratio,  has  become  merely  nominal ;  the  habit  of 
the  government  being  almost  invariably  to  col- 
lect its  revenues  from  other  sources,  and  in  other 
modes.    Nevertheless,  I  do  not  complain:  nor 
would  I  countenance  any  movement  to  alter  this 
arrangement  of  representation.    It  is  the  original 
bargain,  the  compact — let  it  stand :  let  the  ad- 
vantage of  it  be  fully  c^njoyed.    The  Union  itself 
is  too  full  of  benefit  to  be  hazarded  in  proposi- 
tions for  changing  its  original  basis.    I  go  for  the 
constitution  as  it  is,  and  for  the  Union  as  it  is. 
But  I  am  resolved  not  to  submit,  in  silence,  to 
accusations,  cither  agrainst  myself  individually, 
or  against  the  North,  wholly  unfounded  and  un- 
just ;  accusations  which  impute  to  us  a  disposi- 
tion to  evade  the  constitutional  compact,  and  to 
extend  the  power  of  the  government  over  the  in- 
ternal laws  and  domestic  condition  of  the  States. 
All  such  accusations,  wherever  and  whenever 
made,  all  insinuations  of  the  cxistance  of  any 
Buch  purposes,  I  know,  and  feel  to  be  groundless 
and  injurious.    And  we  must  confide  in  southern 
gentlemen  themselves ;  we  must  trust  to  those 
whose  integrity  of  heart  and  magnanimity  of 
feeling  will  lead  them  to  a  desire  to  maintain  and 
disseminate  truth,  and  who  possess  the  means  of 
its  difiiision  with  the  southern  public ;  we  must 
leave  it  to  them  to  disabuse  that  public  of  its 
prejudices.     But,  in  the  mean  time,  for  my  own 
part,  I  shall  continue  to  act  justly,  whether  those 
towards  whom  justice  is  exercised,  receive  it  with 
candor  or  with  contumely. " 

This  is  what  Mr.  Webster  said  on  the  subject 
of  slavery ;  and  although  it  was  in  reply  to  an  in- 
▼eotive  of  my  own,  excited  by  the  recent  agitation 


of  the  Missouri  question,  I  made  no  answer  im- 
pugning its  correctness;  and  must  add  that  I 
never  saw  any  thing  in  Mr.  Webster  inconsistent 
with  what  he  then  said;  and  believe  that  the 
same  resolves  could  have  been  passed  in  the  same 
way  at  any  time  during  the  thii-ty  years  that 
I  was  in  Congress. 

But  the  topic  which  became  the  leading  feature 
of  the  whole  debate ;  and  gave  it  an  interest 
which  cannot  die,  was  that  of  nullification — the 
assumed  right  of  a  state  to  annul  an  act  of  Gon« 
gresE — then  first  broached  in  our  national  legis- 
lature — and  in  the  discussion  of  which  Mr.  Web- 
ster and  Mr.  Ilaync  were  the  champion  speakers 
on  opposite  sides — the  latter  understood  to  be 
speaking  the  sentiments  of  the  Vice-President 
Mr.  Calhoun.  Tliis  new  turn  in  the  debate  was 
thus  brought  about :  Mr.  Hayne,  in  the  sectional 
nature  of  the  discussion  wliich  had  grown  up 
made  allusions  to  the  conduct  of  New  England 
during  the  war  of  1812;  and  especially  to  the 
assemblage  known  as  the  Hartford  Convention 
and  to  which  designs  unfriendly  to  the  Union 
had  been  attributed.  This  gave  Mr.  Webster 
the  rights  both  of  defence  and  of  retaliation ;  and 
ho  found  material  for  the  first  in  the  character 
of  the  assemblage,  and  for  the  second  in  the 
public  meetings  which  had  taken  place  in  South 
Carolina  on  the  subject  of  the  tarifr— and  at 
which  resolves  were  passed,  and  propositious 
adopted  significant  of  resistance  to  the  act ;  and, 
consequently,  of  disloyalty  to  the  Union.  lie, 
in  his  turn,  made  allusions  to  these  resolves  and 
propositions,  until  he  drew  out  Mr.  Ilayne  into 
their  defence,  and  into  an  avowal  of  what  has 
since  obtained  the  current  name  of  "  Nullijica- 
tioii ;"  although  at  the  time  (during  the  debate)  it 
did  not  at  all  strike  me  as  going  the  Icnj^th  which 
It  afterwards  avowed ;  nor  have  I  ever  believed 
that  Mr.  Hayne  contemplated  disunion,  in  any 
contingency,  as  one  of  its  results.  In  entering 
upon  the  argument,  Mr.  Webster  first  summed 
up  the  doctrine,  as  ho  conceived  it  to  be  avowed, 
thus : 

"  I  understand  the  honorable  gentleman  from 
South  Carolina  to  maintain,  that  it  is  a  right  of 
the  State  legislature  to  interfere,  whenever,  in 
their  judgment,  this  government  transcends  its 
constitutional  limits,  and  to  ari-est  the  operation 
of  its  laws. 

"  I  understand  him  to  maintain  this  right,  us  a 
right  existing  under  the  constitution ;  not  as  a 
right  to  overthrow  it,  on  the  ground  of  extrems 


9n ;  not  as  a 
1  of  extreme 


: 


i 


ANNO  1829.     ANDREW  JACKSON,  PRESIDENT. 


139 


ncccs.sity,  such  as  would  justify  violent  revolu- 
tion. 

"  I  understand  him  to  maintain  an  authority, 
on  the  part  of  the  States,  thus  to  interfere,  for 
the  purpose  of  correcting  tlie  exercise  of  power 
by  the  general  government,  of  checking  it,  and 
of  compt>lling  it  to  conform  to  their  opinion  of  the 
extent  of  its  powers. 

''  I  understand  him  to  maintain  that  the  ulti- 
mate power  of  judging  of  the  constitutional  ex- 
tent of  its  own  authority  is  not  lodged  exclusive- 
ly in  the  general  government,  or  any  branch  of 
it;  but  that,  on  the  contrary,  the  States  may 
lawfully  decide  for  themselves,  and  each  State 
for  itself,  whether,  in  a  given  case,  the  act  of  the 
general  government  transcends  its  power. 

"  I  understand  him  to  insist  that,  if  the  exi- 
gency of  the  case,  in  the  opinion  of  any  State 
government,  require  it,  such  State  government 
may,  by  it':  own  sovereign  authority,  annul  an 
act  of  the  general  government,  which  it  deems 
plainly  and  palpably  unconstitutional." 

Mr.  Ilayne,  evidently  unprepared  to  admit,  or 
fully  denj',  the  propositions  as  broadly  laid  down, 
had  recourse  to  a  statement  of  his  own ;  and, 
adopted  for  that  purpose,  the  third  resolve  of 
the  Virginia  resolutions  of  the  year  1798 — re- 
afiSrmed  in  1799.  lie  rose  immediately  and  said 
that,  for  the  purpose  of  being  clearly  understood, 
he  would  state  that  his  proposition  was  in  the 
words  of  the  Virginia  resolution ;  and  read  it — 

"That  this  Assembly  doth  explicitly  and 
peremptorily  declare,  that  it  views  the  powers 
of  the  federal  government  as  resulting  from  the 
compact,  to  which  the  States  are  parties,  as  lim- 
ited by  the  plain  sense  and  intention  of  the  in- 
strument constituting  that  compact,  as  no  farther 
Talid  than  they  are  authorized  by  the  grants 
enumerated  in  that  compact ;  and  that,  in  case 
of  a  deliberate,  palpable,  and  dangerous  exercise 
of  other  powers,  not  granted  by  the  said  com- 
pact, the  States  who  are  parties  thereto  have  the 
right,  and  are  in  duty  bound,  to  interpose,  for 
arresting  the  progress  of  the  evil,  and  for  main- 
taining, within  their  respective  limits,  the  author- 
ities, rights,  and  liberties,  appertaining  to  them." 

Thus  were  the  propositions  stated,  and  argued 
—each  speaker  taking  his  own  proposition  for 
his  text ;  which  in  the  end,  (and  as  the  Virginia 
resolutions  turned  out  to  be  understood  in  the 
South  Carolina  sense)  came  to  be  identical.  ]Mr. 
Webster,  at  one  point,  giving  to  his  argument  a 
practical  form,  and  showing  what  the  South 
Carolina  doctrine  would  have  accomplished  in 
New  England  if  it  had  been  acted  upon  by  the 
Hartford  Convention,  said : 

"Let  me  here  say,  sir,  that,  if  the  gentleman's 
doctrine  bad  been  received  aud  acted  upon  in 


New  England,  in  the  times  of  the  embargo  and 
non-interco\irse,  we  should  probably  not  now 
have  been  here.  The  government  would,  very 
likely,  have  gone  to  pieces,  and  crumbled  into 
dust.  No  stronger  case  can  ever  arise  than  ex- 
isted under  those  laws  ;  no  States  can  ever  en- 
tertain a  clearer  conviction  than  the  New  Eng- 
land States  then  entertained ;  and  if  they  had 
been  under  the  influence  of  that  heresy  of  opin- 
ion, as  I  must  call  it  which  the  honorable  mem- 
ber espouses,  this  Union  would,  in  all  probabil- 
ity, have  been  scattered  to  the  four  winds.  I 
ask  the  gentleman,  therefore,  to  apply  his  prin- 
ciples to  that  case ;  I  ask  him  to  come  forth  and 
declare,  whether,  in  his  opinion,  the  New  Eng- 
land States  would  have  been  justified  in  inter- 
fering to  break  up  the  embargo  system,  under 
the  conscientious  opinions  which  they  held  upon 
it  ?  rtad  they  a  right  to  annul  that  law  ?  Does 
he  admit  or  deny  ?  If  that  which  is  thought 
palpably  unconstitutional  in  South  Carolina, 
justifies  that  State  in  arresting  the  progress  of 
the  law,  tell  me,  whether  that  which  was  thought 
palpably  unconstitutional  also  in  Massachusetts 
would  have  justified  her  in  doing  the  same  thing  ? 
Sir,  I  deny  the  whole  doctrine.  It  has  not  a 
foot  of  ground  in  the  constitution  to  stand  on. 
No  public  man  of  reputation  ever  advanced  it  in 
Massachusetts,  in  the  warmest  times,  or  could 
maintain  himself  upon  it  there  at  any  time." 

He  argued  that  the  doctrine  had  no  founda- 
tion either  in  the  constitution,  or  in  the  Vii-ginia 
resolutions — that  the  constitution  makes  the 
federal  government  act  upon  citizens  within  the 
States,  and  not  upon  the  States  themselves,  as  in 
the  old  confederation :  that  within  their  consti- 
tutional limits  the  laws  of  Congress  were  su- 
preme— and  that  it  was  treasonable  to  resist 
them  with  force :  and  that  the  question  of  thcii 
constitutionality  was  to  be  decided  by  the  Su 
preme  Court    On  this  point,  he  said : 

"The  people,  then,  sir,  erected  this  govern- 
ment.  They  gave  it  a  constitution  ;  and  in  that 
constitution  they  have  enumerated  the  powers 
which  they  bestow  on  it.  They  have  made  it  a 
limited  government.  They  have  defined  its 
authority.  They  have  restrained  it  to  the  exer- 
cise of  such  powers  as  are  granted ;  and  all 
others,  they  declare,  are  reserved  to  the  States 
or  to  the  people.  But,  sir,  they  have  not  stop* 
ped  here.  If  they  had,  they  would  have  accom- 
plished but  half  their  work.  No  definition  can 
be  so  clear  as  to  avoid  possibility  of  doubt ;  no 
limitation  so  precise  as  to  exclude  all  uncertainty. 
Who  then  shall  construe  this  grant  of  the  peo- 
ple 1  Who  shall  interpret  their  will,  where  it 
may  be  supposed  they  have  left  it  doubtful  ? 
W^ith  whom  do  they  repose  this  ultimate  right 
of  deciding  on  the  powers  of  the  government  ? 
Sir,  they  have  settled  all  this  in  the  fullest  man- 
ner.   They  have  left  it  with  the  government  it- 


ll,.,l 


I 


li ::,. 


140 


THIRTY  YEARS'  VIEW. 


V  , 


m 


^■'  I 


.;  I 


m. 


solf.  in  its  appropriate  branches.  Sir,  the  very 
cliiff  enrl.  the  main  design,  for  which  the  whole 
cdtistitution  was  frainc<l  and  adopted  was,  to  es- 
tuliiish  a  government  that  should  not  ho  obliged 
to  act  tliroiigh  State  agency,  or  depend  on  State 
opinion  and  State  (hscretion.  The  people  had 
had  quite  enotigh  of  that  kind  of  government 
under  tlie  confederacy.  Under  that  system,  tiie 
legal  action,  the  application  of  law  to  individuals, 
belonged  exclusively  to  the  Stftns.  Congress 
could  only  recommend  ;  their  acts  were  not  of 
binding  force,  till  the  States  had  adopted  and 
sanctioned  them.  Arc  we  in  that  condition  still  ? 
Are  we  yet  at  the  mercy  of  State  discretion,  and 
State  construction?  Sir,  if  we  are,  then  vain 
will  be  our  attempt  to  maintain  the  constitution 
under  which  we  sit.  But,  sir,  the  people  have 
wisely  provided,  in  the  constitution  itself^a  pro- 
per, suitable  mode  and  tribunal  for  settling  ques- 
tions of  constitutional  law.  There  are,  in  the 
constitution,  grants  of  powers  to  Congress,  and 
restrictions  on  these  powers.  There  are,  also, 
prohibitions  on  the  States.  Some  authority 
must,  therefore,  necessarily  exist,  having  the 
ultimate  jurisdiction  to  fix  and  ascertain  the  in- 
terpretation of  these  grants,  restrictions,  and 
prohibitions.  The  constitution  has,  itself,  jwint- 
cd  out.  ordained,  and  established,  that  authority. 
How  has  it  accomplished  this  great  and  essential 
end  ?  By  declaring,  sir,  that  '  the  constitution, 
and  the  laws  of  the  United  State."  made  in  pur- 
suance thereof,  .shall  be  the  supreme  law  of  the 
land,  any  thing  in  the  constitution  or  laws  of 
any  State  to  the  contrary  notwithstanding.' 

'•  Tiiis,  sir,  was  the  first  great  step.  By  thi.s. 
the  suprcniaoy  of  the  constitution  and  laws  of 
the  United  States  is  declared.  The  people  so 
will  it.  No  State  law  is  to  be  valid  which  comes 
in  conflict  with  the  constitution  or  any  law  of 
the  United  States.  But  who  shall  decide  this 
question  of  interference  1  To  whom  lies  the  last 
appeal  ?  This,  sir,  the  constitution  itself  decides 
aLso,  by  declaring  '  that  the  judicial  power  shall 
extend  to  all  cases  arising  under  the  constitution 
and  laws  of  the  United  States.'  These  two  pro- 
visions, sir,  c  jver  the  whole  ground.  They  are, 
in  truth,  the  key-stone  of  the  arch.  With  these, 
it  is  a  constitution ;  without  them  it  is  a  confed- 
eracy. In  pursuance  of  these  clear  and  express 
r-.  ovisions,  Congress  established,  at  its  very  first 
session,  in  the  Judicial  Act,  a  mode  for  carrying 
them  into  full  effect,  and  for  bringing  all  ques- 
tions of  constitutional  power  to  the  final  decision 
of  the  Supreme  Court.  It  then,  .sir,  became  a 
government.  It  then  had  the  means  of  self- 
protection  ;  and,  but  for  this,  it  would,  in  all  pro- 
bability, have  been  now  among  things  which  are 
past.  Having  constituted  the  government,  and 
declared  its  powers,  the  people  have  farther  said, 
that,  since  somebody  must  decide  on  the  extent 
of  these  powers,  the  government  shall  itself 
decide ;  subject,  always,  like  other  popular  go- 
vernments, to  its  responsibility  to  the  people. 
And  now,  sir.  I  repeat,  how  is  it  that  a  State 
legislatui-c  acquires  any  power   to    interfere? 


Who  or  what  gives  them  the  right  to  say  to  the 
people,  '  we,  who  are  your  agents  and  servants 
for  one  purpose,  will  undertake  to  decide  that 
your  other  nj>ent3  and  servants,  ajjpointed  by 
you  for  another  purpose,  have  transcended  the 
authority  you  gave  them?'  The  re|)Iy  would 
be,  I  think,  not  impertinent:  who  made  you 
judge  over  anotlier's  servants?  To  their  own 
masters  they  stand  or  fall." 

With  respect  to  the  Virginia  resolutions  on 
which  Mr.  Ilayne  relied,  Mr.  Webster  disputed 
the  interpretation  put  upon  them — claimed  for 
them  an  innocent  and  justifiable  meaning — and 
exempted  Mr.  Madison  from  the  suspicion  of 
having  penned  a  resolution  asserting  the  right 
of  a  State  legislature  to  annul  an  net  of  Con- 
gress, and  thereby  putting  it  in  the  power  of  one 
State  to  destroy  a  form  of  government  which  ho 
had  jusi  labored  so  hard  to  establish.  To  thii 
effect  he  said : 

"I  wish  now,  sir,  to  make  a  remark  upon  the 
Virginia  resolutions  of  1798.  I  c.innot  under- 
take to  say  how  these  resolutions  were  undor- 
.stood  by  those  who  passed  them.  Tlieir  lan- 
guage is  not  a  little  indefinite.  In  the  cjisc  of  the 
exercise,  by  Congress,  of  a  dangerous  jiow  i-j-.  not 
granted  to  them.  Ihe  resolutions  assert  the  rijrlit. 
on  the  part  of  the  State,  to  interfere,  and  arrist 
the  progress  of  the  evil.  This  is  susceptible  of 
more  than  one  interpretation.  It  may  mean  no 
more  than  that  the  States  ma_v  interfere  by  com- 
plaint and  remonstrance;  or  by  projiosing  to  tiiu 
people  an  alteration  of  the  federal  constitution. 
This  would  all  be  quite  unobjectionable  ;  or.  it 
may  be,  that  no  more  is  meant  than  to  assert  the 
general  right  of  revolution,  as  against  all  gov- 
ernments, in  cases  of  intolerable  oppression. 
This  no  one  doubts ;  and  this,  in  my  opinion,  is 
all  that  he  who  framed  the  resolutions  could 
have  meant  by  it :  for  I  shall  not  readily  believe 
that  he  (Mr.  Madison)  was  ever  of  opinion  that  a 
StatCj  under  the  constitution,  and  in  conformity 
with  it,  could,  upon  the  ground  of  her  own  opinion 
of  its  imoonstitutionality,  however  clear  and  pal- 
pable she  might  think  the  case,  annul  a  law  of 
Congress,  so  far  as  it  should  operate  on  herself, 
hy  her  own  legislative  power." 

Mr.  Ilayne,  on  liis  part,  disclaimed  all  imita- 
tion of  the  Hartford  Convention ;  and  gave  (as 
the  practical  i)art  of  his  doctrine)  the  pledge  of 
forcible  resistance  to  any  attempt  to  enforce  un- 
constitutional laws.     He  said : 

"  Sir,  unkind  as  my  allusion  to  the  Hartford 
Convention  has  been  considered  by  its  supporters, 
I  apprehend  that  this  disclaimer  of  the  gentle- 
man will  be  regarded  as  '  the  unkindest  cut  of 
all.'  When  the  gentleman  .spoke  of  the  Caro- 
lina conventions  of  Colleton  and  Abbeville,  let 
mc  tell  him  that  he  spoke  of  that  which  never 


ANNO  1829.    ANDREW  JACKSON,  PRESIDENT. 


141 


[  had  existence,  except  in  his  own  imagination. 
'  There  have,  iniks  il,  been  meetings  of  the  jwoplo 
^in  those  districts,  composed,  sir,  of  as  high- 
minded  and  patriotic  men  as  any  country  can 
boast ;  but  wu  have  had  no  '  convention '  as  yet  j 
and  when  South  CaroHna  shall  resort  to  such  a 
measure  for  the  redress  of  her  grievances.  let  me 
tell  the  gentleman  that,  of  all  the  assemblies 
tliat  have  ever  been  convened  in  this  country, 
the  Hartford  Convention  is  the  very  last  wo 
shall  consent  to  take  as  an  example ;  nor  will  it 
find  more  favor  in  our  eyes,  from  being  recom- 
niended  to  us  by  the  senator  from  Massachu- 
i  setts.  Sir,  we  would  scorn  to  take  advantage 
of  difficulties  created  by  a  foreign  war,  to  wring 
from  the  federal  government  a  redress  even  of 
our  grievances.  "We  arc  standing  up  for  our 
constitutional  rights,  in  a  time  of  profound  peace; 
but  if  the  country  should,  unhajjpily,  be  involved 
in  a  war  to-monow,  we  shouhl  be  found  flying 
to  the  standard  of  our  country — first  driving 
back  the  common  enem}',  and  then  insisting 
upon  the  restoration  of  our  rights. 

'•  The  gentleman  has  called  upon  us  to  cany 
out  our  scheme  practically.     Now,  sir,  if  I  am 
correct  in  my  view  of  this  matter,  then  it  fol- 
1  low.*!,  of  Cwiirse,  that  the  right  of  a  State  being 
established,  the  fctleral  government  is  bound  to 
aoqiiiesce  in  a  solemn  decision  of  a  State,  acting 
in  its  sovereign  capacity,  at  least  so  far  as  to 
make  an  appeal  to  the  people  for  an  amendment 
til  tlie  constitution.     This  solemn  decision  of  a 
j^tate  (made  either  through  its  legislature,  or  a 
convention,  as  may  be  supposed  to  be  the  proper 
organ  of  its  sovereign  will — a  point  I  do  not  pro- 
pose now  to  di.scu.ss)  binds  the  federal  govern- 
ment, under  the  highest  constitutional  obligation, 
not  to  resort  to  any  means  of  coercion  against 
the  citizens  of  the  dissenting  State.    IIow,  then, 
can  any  collision  ensue  between  the  federal  and 
State  governments,  unless,  indeed,  the   former 
should  determine  to  enforce  the  law  by  uncon- 
stitutional   means?     What  could  the   federal 
government  do,  in  such  a  Cii.se  ?    Resort,  says 
the  gentleman,  to  the  courts  of  justice.     Now, 
can  any  man  believe  that,  in  the  face  of  a  solemn 
decision  of  a  State,  that  an  act  of  Congress  is 
a  gross,  palpable,  and  deliberate  violation  of  the 
constitution,'  and  the  interposition  of  its  sove- 
i^ign  authority  to  protect  its  citizens  from  the 
usurpation,  that  juries  could   be  found  ready 
merely  to  register  the  decrees  of  the  Congress, 
ffholly  r"gardless  of  the  unconstitutional  char- 
acter of  their  acts  ?     Will  the  gentleman  con- 
tend that  juries  are  to  be  '.-oerced  to  find  verdicts 
at  the  point  of  the  bayonet  ?     And  if  not,  how 
are  the  United  States  to  enforce  an  act  solemnly 
pronounced  to  be  unconstitutional  1    But,  if  the 
attempt  should  be  in.ide  to  carry  such  a  law 
into  eilcct,  by  force,  in  what  would  the  case  dif- 
fer from  an  attempt  to  carry  into  ellect  an  act 
nulliticd  by  the  courts,  or  to  do  any  other  un- 
lawful and  unwarrantable  act  ?     Suppose  Con- 
gre.ss  should  pa.ss   xn  agrarian   law,  or  a  law 
emaucipating  our  slaves,  or  should  commit  any 


other  gross  violation  of  our  constitutional  rights, 
will  any  gentleman  contend  that  the  decision  of 
every  branch  of  the  federal  government,  in  favor 
of  such  laws,  could  prevent  the  States  from  de> 
daring  them  null  and  void,  and  protecting  their 
citizens  from  their  operation  ? 

*'  Sir,  if  Congress  should  ever  attempt  to  en- 
force any  sucli  laws,  they  would  put  themselves 
so  clearly  in  the  wrong,  that  no  one  could  doubt 
the  right  of  the  State  to  exert  its  protecting 
power. 

"  Sir,  the  gentleman  ^.as  alluded  to  that  por- 
tion of  the  militia  of  f  outh  Carolina  with  which 
I  have  the  honor  to  be  connected,  and  asked 
how  they  would  act  in  the  event  of  the  nullifi- 
cation of  the  tariff  kw  by  the  State  of  South 
Carolina  ?  The  tone  of  the  gentleman,  on  this 
subject,  did  not  seem  to  me  as  respectful  as  I 
could  have  desired.  I  hope,  sir,  no  imputation 
was  intended. 

[Mr.  Webster :  "  Not  at  all ;  just  the  re- 
verse."] 

"Well,  sir,  the  gentleman  asks  what  their 
leaders  woula  be  able  to  read  to  them  out  of 
Coke  upon  Littleton,  or  any  othc  law  book,  to 
justify  their  enterprise  ?  Sir,  let  me  assure  the 
gentleman  that,  whenever  any  attempt  shall  be 
made  from  any  quarter,  to  enforce  unconstitu- 
tional laws,  clearly  violating  our  es.sential  rights, 
our  leaders  (whoever  they  may  be)  will  not  be 
found  reading  black  letter  from  the  musty  pages 
of  old  law  books.  They  will  look  to  the  consti- 
tution, and  when  called  upon,  by  the  sovereign 
authority  of  the  State,  to  preserve  and  protect 
the  rights  secured  to  them  by  the  charter  of 
their  liberties,  they  will  succeed  in  defending 
them,  or  '  perish  in  the  last  ditch.' " 

I  do  not  pretend  to  give  the  arguments  of  the 
gentlemen,  or  even  their  substance,  but  merely 
to  state  their  propositions  and  their  conclusions. 
For  niyself,  I  did  not  believe  in  any  thing  serious 
in  the  new  interpretation  given  to  the  Virginia 
resolutions — did  not  believe  in  any  thing  practi- 
cal from  nullification — did  not  believe  in  forcible 
resistance  to  the  tariff  laws  from  South  Carolina 
— did  not  believe  in  any  scheme  of  disunion — 
believed,  and  still  believe,  in  the  patriotism  of 
Mr.  Hayne :  and  as  he  came  into  the  argument 
on  my  side  in  the  article  of  the  public  lands,  so 
my  wishes  were  with  him,  and  I  helj^d  liim 
where  I  could.  Of  this  desire  to  hejp,  and  disbe- 
lief in  disunion,  I  gave  proof,  in  ridiculing,  as 
well  as  I  could,  Mr.  Webster's  fine  peroration 
to  liberty  and  union,  and  really  thought  it  out 
of  place — a  fine  piece  of  rhetoric  misplaced,  for 
want  of  circumstances  to  justify  it.  He  had 
concluded  thus : 

"  When  my  eyes  shall  be  turned  to  behold, 
for  the  last  time,  the  sun  in  heaven,  may  I  not  see 


A-M 


! 


i|!  ii'l!? 


:ill! 


142 


THIRTY  YEARS'  VIEW. 


!:1 


m 


:■) 


>  'ii 


him  shining  on  tlio  broki-n  and  dishonored  frng- 
monts  of  a  onro  glorious  t'nion  ;  on  States  dis- 
Bevcrod.  disconlant,  helliperent ;  on  a  hind  rent 
with  civil  feuds,  or  <lrenched,  it  may  be,  in  fra- 
ternal blood !  Let  their  last  feeble  and  lingering 
glance,  rather,  behold  the  gorgeous  ensign  of  the 
republic,  now  known  and  honored  throughout 
tlie  earth,  still  fidl  high  advanced,  its  arms  and 
trophies  streaming  in  their  original  lustre,  not  n 
stripe  erased  or  iwlluted,  nor  a  single  star  ob- 
scured, bearing  for  its  motto  no  such  miserable 
interrogatory  as.  What  is  all  this  worth  ?  Nor 
those  other  words  of  delusion  and  folly,  Liberty 
lirst,  and  L^nion  afterwards :  but  every  where, 
spread  all  over  in  characters  of  living  light,  blaz- 
ing on  all  its  ample  folds,  as  they  float  over  the  sea 
and  over  the  land,  and  in  every  wind  mider  the 
whole  heavens,  tl. at  other  sentiment,  deai  to  every 
true  Amer.r.iti  hoart — Liberty  and  Union,  now 
and  fo"  oyer,  one  and  inseparable  !  " 

These  were  noble  sentiments,  orutorically  ex- 
pressed, but  too  elaborately  and  too  artis;ically 
"imposed  for  real  grief  in  presence  of  a  gre.it  ca- 
it"  IL;  -of  which  calamity  I  saw  no  sign;  and 
t'.ierefore  deemed  it  a  fit  subject  for  geutle  casti- 
gation :  and  ecsaycd  it  thus : 

'•  I  proceed  to  a  dilTerent  theme.  Among  tlie 
novelties  of  this  debate,  is  that  part  of  thespeech 
of  the  senator  from  Massachusetts  whicli  dwells 
with  such  elaboration  of  declamation  and  orna- 
ment, upon  the  love  and  blessings  of  union — 
the  hatred  and  horror  of  disunion.  It  was  a 
part  of  the  senator's  speech  which  brought  into 
full  play  the  favorite  Cicer  lian  figure  of  ampli- 
fication. It  w.is  up  to  the  rule  in  that  particu- 
lar. Hut,  it  seemed  to  me,  that  there  was  an- 
othei"  rule,  -ind  a  higher,  and  a  precedent  one, 
which  it  violated.  It  wi',s  the  rule  of  propriety; 
that  rule  whicli  requires  the  fitness  of  things  to 
be  considered ;  which  requires  the  time,  the 
pIiKv.  the  subject,  and  the  audience,  to  be  consid- 
t'ed ;  and  condemns  the  delivery  of  the  argn- 
mei.t.  and  all  its  fiowers,  if  it  fails  in  congru- 
ence to  these  particulars.  I  thought  the  essay 
upon  union  and  disimion  had  so  failed.  Itcami' 
to  us  when  we  were  not  prepared  for  it ;  when 
there  was  nothing  in  the  Senate,  nor  in  the  coun- 
try to  grace  its  introduction  ;  luthing  to  give,  or 
to  receive,  effect  to,  or  from,  the  impassioned 
scene  that  we  witnessed.  It  may  be,  it  was  the 
prophetic  cry  of  the  distracted  daughter  of  Pri- 
am, breaking  into  the  council,  and  alarming  its 
tranqnil  members  with  vaticinations  of  the  fall 
of  Troy :  but  to  me,  it  all  .sounded  like  the  sud- 
den proclamation  for  an  earthquake,  when  the 
sun,  tht  earth,  the  air,  announced  no  such  pro<li- 
py ;  when  all  the  riements  of  nature  verc  at 
rest,  and  oi^ect  •.epose  pervading  tlie  world. 
There  was  a  tiiiu,  and  you,  and  I.  a:  id  all  of  us, 
did  see  i*:,  sir,  when  such  a  speech  would  have 
found,  in  i*s  aelivery.  over)'  attribu  e  of  a  just 
and  rigoro\'.s  propriety  !  It  was  at  v.  time,  when 
the  tive-stripod  banner  was  waving  over  the  laud 


of  the  North!  when  the  Hartford  Convention 
wa.s  in  session  !  when  the  language  in  the  eapi- 
tol  was,  "  Peaceably,  if  wc  can ;  forcibly,  if  xve 
must  I  "  when  the  cry,  out  of  doors,  was  ''  thj 
Potomac  the  boundary  ;  the  negro  States  by 
themselves  !  Tlio  Alleghaiiies  the  boundary  • 
the  Western  savages  by  themselves !  The  M]h- 
sippi  the  boundary,  let  Mi.ssouri  be  governed  bv 
a  prefect,  or  given  up  as  a  haunt  for  wihl  beasts !" 
That  time  was  the  fit  occasion  for  this  s|)eeeh  • 
and  if  it  had  been  delivered  then,  either  in  the 
hall  of  the  House  of  llcprescntatives,  or  in  the 
den  of  the  Hartford  Convi-ntion,  or  in  the  lii.^l,. 
way  among  the  bearers  and  followcis  of  the 
five-striped  banner,  what  efi'ects  must  it  not  liaw 
produced  !  AVhat  terrui  and  ccmsternalio.i  anion" 
the  plotters  of  disunion !  But,  here,  in  this  Joyjil 
and  quiet  assemblage  in  (bis  .^easo.i  nf  ■xi'wva] 
tranquillity  and  univc  ,sal  allegiance,  (he  whoU- 
performance  lia.s  lost  its  effect  f(,.  want  of  atlin- 
ity  connection,  or  relation,  to  any  siibjat  dc- 
I)ending,  or  sentiment  expressed,  in  the  Senate; 
for  want  of  any  application,  or  reference,  to  any 
event  impending  in  the  country," 

I  do  not  quote  this  pasisnge  for  any  llmif 
that  I  now  sec  out  (>f  place  in  that  perora- 
tion ;  but  for  a  quite  different  purjiose — for 
the  purpose  of  showing  that  I  was  slow  to 

believe  in  any  design  to  subvert  this  Union 

that  at  the  time  of  this  great  debate  (February 
and  March,  1830)  I  positively  discredited  it, 
and  publicly  proclaimed  my  incredulity.  1  did 
not  want  to  believe  it.  I  repul.sed  the  belief.  I 
pushed  aside  every  circumstance  that  Mr.  Web- 
.■itcr  relied  on,  and  softened  every  expi-ession  that 
Mr.  Ilayne  used,  and  considered  him  as  limiting 
(practically)  lus  threatened  resistance  to  the  tariff 
act,  to  the  kind  of  resistance  which  Virginia 
nuide  to  the  alien  and  sedition  laws— which  was 
an  appeal  to  the  reason,  judgment  and  feelings 
of  the  other  States — and  which  had  its  eilect  in 
the  speedy  repeal  of  thost;  laws.  Mr.  Calhoun 
had  not  then  uncovered  l-is  position  in  relation  to 
nullification.  1  knew  tliat  Mr.  Webster  y'\s 
speaking  nt  him  iual'  that  he  said  to  Mr.  Hayiic: 
but  I  would  believe  nothing  against  him  except 
upon  his  own  .showing,  or  undoubted  evidence. 
Although  not  a  favorite  statesmar  with  me,  I  felt 
admiration  for  his  high  intellectual  endowments, 
and  re-;iH'ct  for  the  integrity  and  purity  of  his 
private  life.  Mr.  Ilayne  I  cordially  loved ;  am' 
belie^ed,  and  still  believe,  ii>  (he  loyalty  of 
his  intentions  to  the  Union,  iliey  werc  both 
from  liie  ^oulh — that  sister  Carolina,  of  which 
the  other  was  my  native  State,  iind  in  both  of 
which  I  have  relatives  and  hereditary  friends— 


01 

KG 

A  TA.K  on  Sa 

all  ficoplc  an 

king  an  arti( 

to  man  and  t 

tliein  by  the 

not  be  burthc 

oniment   reg' 

taxation  woul 

it  is  an  agent; 

mcut  of  man 

chauical  indu 

the  country  t 

ports  and  cor 

People  hate  t 

to  have  the  s 

crnmcnts  lov 

cause  people 

seem  to  appl 

narchial,  a  d 

live  ouu   po 

ments  somcti 

pi'.— when  SI 

for   rcenuc 

tive  g- ,  ernn 

oi'iects  whici 

ha.s  twice  bo 

in  the  Unite* 

was  canied  i 

with  France 

and  then  on 

cea.sc  as  soor 


:!;..;  5-  •. 


t  *>i^' 


ANNO  1830.    ANDllKW  JACKSON,  rUKSinCNT. 


143 


Jid  Convfiilion 
ge  in  till-  cn|»i. 
forcibly,  if  „.« 
>or.s,  wfts,  "  tha 
iTO   States  by 
ho  boiindnrv: 
«-'s!    ThoMis- 
»c  Rovi'nicd  l)v 
r  wild  boasts!" 
•  this  siKJoch; 
1,  either  in  tlm 
-ivcs,  or  in  tlie 
>r  in  tiic  luVh- 
iowcrs  of  tlic 
Hist  it  not  liuvi' 
rnatiti,!  anion;; 
ro,  in  this  loyal 
;()i.  ')f  ;j:ont'ial 
ICO,  the  wlidl,. 
want  of  allin- 
ly  Kubjcci  (lc- 
I  tlio  .Senate ; 
Vrencc,  to  any 


lor  any  thitij; 
I  tliat  iicroiii- 
I'lirpose— for 
was  slow  to 
this  Union- 
ate  (February 
liscreditcd  it, 
dulity.     I  did 
tlie  beh'ef.    I 
at  Mr.  Web- 
fprnssion  tlmt 
lu  as  limiting 
X'  to  the  tariff 
lich   Virginia 
winch  was 
and  feelings 
its  effect  in 
''''''.  Calhoun 
in  relation  to 
rVebstiT    «-as 
^Fr.  Ifaync: 
him  except 
ted  evidence, 
ith  me,  I  felt 
endowments, 
lurity  of  his 
'oved;  am' 
loyalty  of 
were  both 
iia,  of  which 
in  both  of 
y  friecds" 


and  for  which  I  still  have  the  affections  whicli 
none  but  tlio  wicked  ever  lose  for  the  lanil  of  their 
birth:  and  I  felt  as  they  did  ir.  all  that  relates 
to  the  tariff — except  their  rcmetly.  Ihit  enough 
for  the  present.  The  occasion  will  come,  wlien 
wc  arrive  at  the  practical  a])plication  of  the  mo- 
dem nullification  doctrine,  to  vindicate  the  con- 
stitution from  the  political  solecism  of  containing 
within  itself  a  suicidal  principle,  and  to  vindi- 
cate the  Virginia  resolutions,  and  their  authors 
(and,  in  their  own  language),  from  the  "  anarchi- 
cal and  prepoHtawia  ^^  intei'])retation  which  has 
been  put  upon  their  words. 


, 


CHAPTER    XLV. 

EEPEAL  OF  THE  SALT  TAX. 

A  TAX  on  Salt  is  au  odious  measure,  hated  by 
all  |ieoplc  and  in  all  time,  and  justly,  because 
being  an  article  of  prime  necessity,  indispensable 
to  man  and  to  beast,  and  bountifully  furnished 
them  by  the  Oiver  of  all  good,  the  cost  should 
not  be  burtliened,  nor  the  use  lie  stinted  by  gov- 
cnmient  regulation ;  and  the  principles  of  fair 
taxation  would  require  it  to  be  spared,  because 
it  is  an  agent,  and  a  great  one,  in  the  develoj)- 
mcut  of  many  branches  of  agricultural  and  me- 
chanical industry  which  add  to  the  wealth  of 
the  country  and  produce  revenue  from  the  ex- 
ports and  consumption  to  which  they  give  rise. 
People  hat'!  the  salt  tax,  because  they  are  obliged 
to  have  the  salt,  and  cannot  evade  the  tax  :  gov- 
ernments love  the  tax  for  the  same  reiuson — be- 
cause people  are  obliged  to  pay  it.  This  would 
seem  to  apply  to  government"  despotic  or  mo- 
narchial,  »  d  not  to  those  which  are  representa- 
tive ?);iu  popular.  But  representative  govern- 
ments sometimes  have  calamities — war  for  cxani- 
pl'  — when  subjects  of  taxation  diminish  as  need 
for  rc'cnuc  increases :  and  thci\  representa- 
tive s  ,  ernments,  like  other;^,  must  resort  to  the 
oi'iects  which  will  supply  its  necessities.  This 
has  twice  been  the  case  with  the  article  of  salt 
in  the  United  States.  The  duty  on  that  article 
was  canied  up  to  a  high  tax  in  the  quasi  war 
with  France  (1798),  having  been  small  before; 
and  then  only  imposed  as  a  war  measure — to 
cease  as  soon  as  the  w^ar  was  over.    But  all  gov- 


ernments work  alike  on  the  imimsition  and  re- 
lease of  taxes — easy  to  get  them  on  in  a  time  of 
necessity — hard  to  get  them  off  when  the  neces- 
sity has  passed.  So  of  this  first  war  tax  on 
salt.  The  '  .;;'cck  of  war  "  with  France,  visible 
almvc  the  h  )rizon  in  '98,  soon  sunk  below  it ; 
and  the  sunshine  of  peace  prevailed.  In  the 
year  1800 — two  years  after  the  duty  was  raised 
to  its  maximum — the  countries  were  on  the  most 
friendly  terms  ;  but  it  was  not  until  1807,  and 
under  the  whole  power  of  Mr.  Jefferson's  ad- 
ministration, that  this  temporary  tax  was  abol- 
ished ;  and  with  it  the  whole  system  of  fishing 
bounties  and  allowances  founded  upon  it. 

In  the  war  of  1812,  at  the  commencement  of 
the  war  with  Great  Britain,  it  was  rencwe*!, 
with  its  concomitant  of   fishing  bounties  and 
allowances ;  but  still  as  a  temporary  measure, 
limited  to  the  termination  of  tho  war  which  in- 
duced it,  and  one  year  thereafter.     The  wor  ter- 
minated in  ISl.*),  and  the  additional  year  expired 
in  181G  ;  but  before  the  year  was  out,  the  tax 
was  continued,  not  for  a  definite  period,  but 
without  time — on  the  specious  argument  that, 
if  a  time  was  fixed,  it  would  be  ditTlcult  to  get  it 
off  before  the  time  was  out :  but  if  unfixed,  it 
would  be  easy  to  get  it  off  at  any  time  :  and  all 
agreed  that  that  was  to  be  soon — that  a  tempo- 
rary continuance  of  all  the  taxes  was  necessary 
until  the  reventio,  deranged  by  the  war,  should 
become  regular  and  adequate.     It  was  continued 
on  this  specious  argument — and  remained  in  full 
until  General  Jackson's  administration — and,  in 
part,  until  this  day  (1850) — the  fishing  boun- 
ties and  allowances  in  full :  and  that  is  the  work- 
ing of  all  governments  in  the  levy  and  repeal  of 
taxes.    I  found  the  salt  tax  in  full  force  when  I 
came  to  the  Senate  in  1820,  strengthened  by 
time,  sustained  by  a  manufacturing  interest,  and 
by  the  fishing  interest  (which  made  the  tax  a 
source  of  profit  in  the  supposed  return  of  tho 
duty  in  the  shape  of  bounties  and  allowances) : 
and  by  the  whole  American  system ;  which  took 
tho  tax  into  its  keeping,  as  a  protection  to  a 
branch  of  home  industry.     I  found  efforts  being 
made  in  each  House  to  suppress  this  burthen 
upon  a  prime  necessary  of  life;  and,  in  the  ses- 
sion   1829-'30,  delivered  a  speech  in   support 
of  the  laudable  endeavor,  of  which  these  aro 
some  parts : 

"  Mr.  Benton  commenced  his  speech,  by  say- 
ing that  he  was  no  advocate  for  uuproiitable  do- 


•k 


ift; 


f.  «>^ 


r^^  pgpPJ^jytW'^ 


dMtmmdiMj± 


144 


TIIIHTY  YI'AKS"  VIl.W. 


V^i 


I  ■) 


nr  r. 


t 


Imto.  nn<l  Imd  no  ninliition  lo  ivh\  liis  nniiip  to 
tin- ciititlo^iio  (if  liarrcii  uraloi's;  liiit   lliiil  llicrc 
wen'  fn.sos  in  wliicli  snoiikinf.':  iliil  j^ooil ;  cmscs  in 
wlticli  inodcrutf  aliilidfs  priMliu-td  grtal  results; 
iiMil   lu'  hflifvod   till-   (HU'slion  nl'  niniiliii^;  llic 
Halt    tax  Id  lie  ono  ol"  ihitsi-  cases.     It   luul  i'it- 
tiiiiilv  Itoen  so  in  Kn^'ll^nll.     TIumt  tlie  salt  lax 
liMil  iii'on  ovortliii>\vn  l>y  llio  laliors  of  plain  nii-n, 
iMiiliT  <  iirninslanci's  n\ni'li  niore  nnlavuralilo  lo 
llicir  nniloi taking  timn exist  lure.     Tlie  Mnglisli 
hull  (ax   had  eoiilinned  one   Inimlred   and  lilly 
veai's.      It    was  clierislied   l»_v   the  niinisltT.  to 
wlioin  it  yielded  a  million  and  a  lialfsleilin);  of 
revenne  ;  it  was  defended   l>y  the  donieslie  salt 
makers,  to  whom  it   p;a\e  a  monopolv  of  the 
home  market  ;  it  was  consecrated  In-  time,  hav- 
in;;  stdisivled  for  li\e  p-nerations;  it  was  forti- 
fied l>v  the  h.'iliits  of  the  |H'ople,  who  were  Immmi, 
und  had  ui'own  gray  nnder  it  ;  and  it  was  sanc- 
tioiii'd   l>\    the  necessities  of  the  Stale,  whiih  rc- 
t)Mired  every  resonree  of  ripuoiis  taxation,     ^'et 
it  was  o\erlhrown ;  anti  Ilic  <nerlhrow  was  <'f- 
fected   liy   two  debates,  condncted,  not    hy  tlie 
orators  whose  renown  has  lilled  ilie  worM — not 
l>y  Sheridan,  Ihirke,  Pitt,  and  I'ox  -Imt  hy  plain, 
business  men     Mr.  CakMafl,   Mr.  Cinwcn.  and 
Mr.  Kccrlon.     'I'liesc  imtriotii-  niemhers  of  the 
Itritish  Parliament  connuenced  the  war  upon  the 
Urilisli  sail  tax  in  ISI7,  and  limshed  it  in  I^J'J. 
They  connnenccd  with  the  omens  and   auspices 
nil  n>:ainst  them,  and  ended  with  comidele  snc- 
I'C'-^s.     'They  aholished  the  salt  \:\\  in  li'tt'.    They 
swept   il    all   oil',  hravely   rejeclinir  all   compro- 
mises when  ihev  h;id  pit  their  ad\ersaries  half 
xamiuished,  ami  carrying  iheir  appeals  h(>me  to 
the  people,  tmlil  ihey  hail  lonseil  a  spirit  lielorc 
wliich   the  ministry   (jnailed,   the  monopolizei-s 
trend)l»'d.  tlu'  Parliament  pive  way,  and  the  tax 
fell.     This  example  i.s  iMuv)nra,i;in}: ;  it  i^*  fnll  of 
•oiisolation  and  of  hoju' ;  it  shows  what  zeal  and 
|iei-severance  can  do  in  a  good  cause:  il  shows 
tiiat  the  cause  of  Irnth  andjusliiv  is  triumphant 
when   its  advivates  arc  hold  ami  faithful.     It 
lead.s  lo  the  iMnviction  that   tho  An\erican  salt 
t;i.\  will  fall   as  the  llritish  tax  did.  a.s  soon  as 
the  jvople  shall  see  that   its  oontinunnce  is  a 
burthen  lo  them,  without  adecjuate  advantage  to 
the  (rovermnent,  and  that  its  rejH'al   is  in  their 
own  hands. 

"  Tho  enormous  amount  of  tho  tax  was  the 
first  point  to  which  Mr.  11.  would  direct  his  at- 
tention, lie  said  it  was  near  three  Inmdred  per 
CiMit.  ujion  l.iverpotd  blown,  and  four  Immlred 
per  cent.  npt>n  alum  salt  ;  but  a.s  the  l,iver|)ool 
\*-iu»  a  very  inferior  salt,  and  not  n\ncli  used  in 
tho  West,  he  would  conlino  his  ob.servations  to 
tho  .siill  of  Portupil  and  tho  West  Indies,  called 
by  tho  p^neral  nanioof  alum.  Tho  import  price 
of  this  .salt  w.as  from  eight  to  nine  cents  a  bush- 
el of  tifty-si.x  |wunds  each,  ami  the  tlnty  njion 
that  bn.shol  w.is  twenty  cents.  Hero  was  a  lax 
of  npwai\ls  of  two  hinidreil  per  cent.  Then  the 
morchant  had  his  pmtit  nj>on  tho  duty  as  well 
as  tho  cost  of  the  arliclo :  and  when  it  went 
through  the  hands  of  several  merchants  before 


it  got  .0  tho  oonsmner,  onrh  had  \m  profit  ii|)<in 

it  ;  and  whenever  this  prcdit  amounted  to  tifiy 

per  cent,  upon  the  <luty,  it  was  upwards  of  mio 

Inmdied   per  cent,  upon    the  salt.      Then,  thu 

lariiriaws  have  deprived  the  consumer  of  thirty- 

;  lour  pounds  in  IhobuHliol,  by  Hubslifutinj?  weight 

for  measure,  and  that  weigh*  n  (also  ono,     Tho 

'  true  weight  of  a  measured  bushel  of  nhnn  skU 

is  eighty  four   pounds ;  but   llie    Ibiti.sh  tarilf 

J  laws  for   the  sake  of  multiplying  (lie  Itiisluls 

'  and  inerea>iug   the  product   of  the  (ax,  suhsti- 

'  luted  weight    for  measure  ;  and  our  (arilf  laws 

copied  after  them,  and  adopted  their  stamlard 

of  lifly-six  |iounds  to  tho  bu.shel, 

"  .Mr.  H.  entered  into  statist ical  details,  lo.show 
the  aggregate  amount  of  this  (ax,  which  lie  stal- 
ed lo  be  enormous,  and  contrary  lo  every  prinei- 
pU'  of  taxation.  om'U  if  luxes  wi-n*  so  neces.sary 
as  to  justify  the  Itixiug  of  salt,  lie  staled  the 
importation  of  foreign  salt,  in  IS'J'.l,  at  six  mil- 
lions of  bushels,  round  mnnbers,  the  value  seven 
himdrcd  and  tilU'cn  thousand  dollars,  and  tho 
tax  at  twenty  cents  u  bushel,  one  million  two 
bundled  thousand  dollars,  tho  merchant's  protlt 
upon  that  duly  at  tifly  per  cent,  is  six  hundred 
thousand  dollars;  and  the  so«-rot  or  hidden  tax 
in  the  shape  of  false  \v»'ight  for  (rno  tnonsnre,  at 
the  rale  of  llnrly  pounds  in  the  bn.shol,  was  four 
bundled  and  tlfty  thou.sand  dollars.  Hero,  then, 
is  taxation  to  the  amount  of  about  two  millions 
and  a  ciuarter  of  dollars,  niKni  an  artirlo  costing 
seven  hundred  and  tifly  llioiisand  dollars,  and 
that  arliclo  ono  of  piiino  neoo.ssity  and  universal 
use,  ranking  next  after  broad,  in  tho  catalo;;ue 
of  articles  tor  human  subsistence. 

"The distribution  of  this  iMiormons  tax  r.pon 
the  ilitlorcnt  seclions  ol  the  I'nion.  was  the  next 
object  of  Mr.  H.'s  iiujuny  ;  and,  for  this  purpose, 
he  viewed  tho  I'nion  \nidor  three  great  di\isions 
— the  Xorlhoast,  the  South,  and  tho  West.  To 
the  northeast,  and  especially  to  some  parts  of  it, 
he  considered  the  salt  tax  to  be  no  burthen,  but 
rather  a  benotit  and  a  money-making  l)ii^in  s-;. 
The  tishing  allowances  and  bonntios  |)ioilii(id 
this  ell'ecl.  In  consideration  of  the  salt  duly,  the 
ciners  and  exporters  of  fish  are  allowed  nmni'v 
onl  of  the  treasury,  to  tho  amount,  as  it  wa-» 
intended,  of  tho  .salt  <lnty  paid  by  them ;  but  it 
has  bivn  provoii  to  bo  twice  its  much.  The  an- 
nual nllow.ance  is  about  two  hundred  and  tilly 
thousand  dollars,  and  the  aggregate  drawn  fi-oni 
the  treasury  since  tho  th"st  imposition  of  the  salt 
duty  in  ITSlV  is  shown  by  tlio  tn'asury  returns 
to  be  five  millions  of  dollars.  Much  of  this  i.s 
drawn  by  \indue  moans,  as  is  shown  by  the  ri'- 
jiort  of  tho  Secretary  of  tho  Tn>usniy.  at  'iie 
commencement  of  tho  present  session,  page  eight 
of  the  annual  rojiort  on  the  linanws.  The  North- 
east makes  nmch  salt  at  hoiije,  and  chietly  by 
solar  ovapiinUicni.  wliich  tits  it  for  curing  fish 
and  provisions.  Much  of  it  is  proved,  by  the 
returns  of  tho  .salt  makers,  to  be  used  in  the  fish- 
eries, while  tho  fisheries  are  drawing  money  from 
the  tivasurv  under  tho  laws  which  intomled  to 
indemnify  them  for  the  duty  paid  on  foreign  salt. 


Vi' 


ANNO  IHm     ANmiEW  .TAfKHON,  rnESlUKNT. 


145 


Tt>  tliiH  BPrtion  of  tlio  Union,  tlu-n,  the  wilt  tux 
id  not  Ti'lt  BM  M  )>iirth«'n. 

'*  li«t  UN  imxrtHid  to  tlio  Sotitli.  Tn  (lilMm>rtinn 
tlwru  arc  Init  ft>w  Halt  workn,  nml  no  iMxiiitifHor 
tllowKiiocH,  as  (Ikto  am  no  iVsliorioH.  Tlii>  <'oii- 
mimcrN  nw  thrown  niniost  cnlin'iy  niK>ii  (ho 
fimMgu  Hn|)|»ly,  »n<l  chh'tly  iimc  th<!  Liverpool 
hlown.  'Iliu  import  priri>  of  tliin  isiihoiit  liriirn 
rcntH  a  himhol  ;  the  woinht  ami  Htreiin'h  is  Icsh 
than  that  of  alum  Halt;  nixl  the  tax  fiillH  heavily 
and  «liri<ctly  npon  tlie  people,  to  the  whole  amount 
of  their  ronnumption.  It  is  a  heavy  hiirlhen 
upon  tho  South. 

"  Tho  West  i^  the  hint  Hcetion  to  ho  viewed, 
and  it  will  \iv  found  to  lio  the  true  nent  of  the 
most  opprcHHive  o|H-rationH  of  tho  salt  tax.     'V\w 
(iomcHtio  HUpply    is   hi^^h   iu  prire,  delicient   in 
quantity,  and   alto|;ether  unfit  for  one  of  the 
groatent  pur|M)HeH  for  whieh  Halt  is  theiv  wanted 
— curiuj:;  jirovinions  for  exportaticm.     A  foreij^n 
supply  in  nidiH|K!Usaltlo.  and  alum  salt  is  the  kind 
used.     The    •  iimrt  price  of  this  kinil,  from  the 
West  !'.<tlii'S,  is  nine  cents  a  buHhels  ;  from  Port- 
ugal, ei(j;ht  ctntH  a  bushel.     At  these  luices,  the 
West  could  he   nupplied  with  this  salt  at  New 
Orleans,  if  th«  duty  was  alK>lishe<l ;  hut,  iu  con- 
soqm'nco  of  the  duty,  it  costs  thirty-s(>ven  and  a 
half  cents  |H'r  hushel  there,  iM-inR  four  tinu'S  the 
iin|wrt  price  of  the  article,  and  seventy-live  cents 
[;i<r  hushel  at  Ixuiisvillc  and  other  central  parts 
(if  tho  valley  of  the  Mississippi.     This  enormous 
|irice,  nisolved  into  its  ct)mpiment  parts,  is  thus 
nuule  up:  I.  Ki^ht  or  nin*  c«nts  a  hushel  for 
ilie  salt.     'J.  Twenty  cvwtn  for  duty,     .'}.   Ki(;ht 
•If  ten  cents  for  niercliant's  i)rolU  at  New  ( )rleans. 
I.  Sixte I'll  or  seventeen  cents  for  freij!;ht  to  TiOu- 
isvi'lc,     5.  Fifteen  or  twenty  cents  for  the  second 
iiuTchant's  pndit,  who  counts  his  per  centum  oi> 
liis  whole  outlay.     In  all,  alwut  seventy-live  cents 
for  a  bushel  of  fifty  pounds,  which,  if  there  was 
no  duty,  ami  tlio  tariff  refrulations  of  weij!;ht  for 
moiisure  abolished,  woiiht  Im  l)oii(rht  in  New  Or- 
loiins,  by  the  measured  busliel  of  eij^hty  |)0unds 
«oi|;lit,  for  ei^ht  or  nine  cents,  ami  would  bo 
liroiipht  up  tho  river,  by  steamboats,  at  the  rate 
of  thirty-three  and  a  third  (viits  per  buudreil 
wiirht.     It  thus  appears  (hat  tho  salt  tax  falls 
iiciviest  njxm  tho  West.     It  is  an  error  to  suji- 
posu  that  the  South  is  tho  proatcst  siitVerer.     The 
Wi'st  wants  it  for  every  puriwsc  the  South  does, 
!\iul  two  p"eat  pur|>o.st's  iK'sides — curiii(ir  provision 
for  exjKirt,  and  saltinj;   stin-k.     The  Wost  uses 
alum  salt,  and  on  this  tho  duty  is  heaviest,  be- 
onuse  tho  price  is  lower,  and  the  weight  frreater. 
Twenty  cents  on  salt  which  costs  eiijht  or  nine 
cents  a  bushel  is  a  much  heavier  duty  than  on 
that  whieh  costs  fifteen  cents;  and  then  the  de- 
ception in  tho  .substitution  of  weijjht  for  measure 
i<  much  greater  in  alum  .salt,  which  weighs  so 
nmeli  more  tluui  the  Liverpool  blown.     Like  the 
South,  tlie  West  receives  no  bounties  or  allow- 
niires  on  account  of  tho  salt  duties.     This  may 
l)c  fair  in  tho  South   whore  the  imported  salt  is 
not  rc-ox|K)rted  ujxHi  fish  or  pi-ovisions ;  but  it  is 
unfair  in  the  West,  where  the  exportation  of 

Vol.  I.— 10 


beef,  pork,  bacon,  cheese,  and  butter,  is  prtMli^i- 
ous.  Mild  the  fon'lKn  salt  ro-ex|H)rl(Ml  u|M)n  the 
whole  of  it. 

"  Mr.  n.  then  argued,  with  ^reat  warmth,  that 
the  provision  curers  and  ex|M)rterH  were  entitled 
to  the  same  bounlies  and  allowances  with  the  ex- 
[lorfers  of  fish.  The  claims  of  each  rested  uism 
the  siiiuo  principle,  and  ii|N)n  the  principle  or  all 
drawlmcks — that  of  a  reimbursement  of  tho  duty 
which  was  paid  on  the  im|M>rtc4l  Halt  when  ro-ox- 
portetl  on  fish  and  provisions.  The  .same  princi* 
pie  covers  tho  beef  ami  pork  of  the  farmer,  which 
covers  the  flHh  of  the  fisherman  ;  and  nuch  wan 
tho  law  in  the  be);inniii);.  The  llrat  act  of  Cun- 
i;ress,  in  the  year  17K'.),  which  ini|M)Hed  a  duty 
upon  salt,  allowed  a  ls)unty,  in  lieu  of  a  draw- 
back, on  beef  and  pork  ex|s)rte<l,  as  well  as  fish. 
The  liounty  was  tho  same  in  each  case ;  it  waa 
fiv(t  cents  a  quintal  on  dried  fish,  live  centa  a 
Imrrel  on  ])ickled  fish,  and  five  on  beef  and  |iork. 
As  the  di.  ty  <m  Halt  was  iiicrea,sed,  tho  bounlies 
and  allowances  were  increa.sed  also.  Fish  and 
salted  beef  and  fiork  fiired  alike  for  tho  flrst 
twenty  years. 

'*  Tfiev  fared  alike  till  the  revival  of  the  Halt 
tax  at  the  commencement  of  the  late  war.  Then 
they  parted  company ;  liountics  and  allowanccH 
wore  c(mtinued  to  the  fisheries,  and  dropjwd  on 
beef  and  pork  ;  and  this  has  l)ecn  tho  case  ever 
since.  The  exporters  of  fish  are  now  drawing  at 
the  rate  of  two  hundred  and  fifly  thou.sand  dollars 
per  annum,  as  a  reimbiir.senient  for  their  salt  tax ; 
while  exporters  of  |>rovisions  draw  nothing.  Tho 
aggregate  of  tho  fishing  l)ountieH  and  alluwancoH, 
actually  drawn  from  the  treasury,  exceeds  five 
niillions  of  dollars;  while  the  exjiorters  of  pro- 
visions, who  get  nothing,  would  have  been  en- 
titled to  draw  a  greater  sum  ;  for  the  ex|)ort  in 
salted  provisions  cxcewls  tho  value  of  ex|X)rtcd 
fish. 

"  Mr.  B,  could  not  quit  this  part  *>(  'lis  sub- 
ject, without  endeavoring  to  fix  the  attention  of 
the  Senate  uj)on  tho  jirovision  trade  of  the  West. 
He  took  this  trade  in  its  largest  sense,  as  includ- 
ing the  ex|(0i  t  trade  of  beef.  jMuk,  biicon,  cheese, 
and  butter,  to  foreign  countries,  csjieciallv  the 
West  Indies;  the  (lomestic  trade  to  the  Lower 
Mississippi  and  tho  Southern  States ;  tlic  neigh- 
Imrhood  trade,  as  supplying  the  towns  in  the  up- 
per States,  the  miners  in  Alissouri  and  the  Upper 
Mississippi,  the  army  and  the  navy;  and  tho 
various  jirofe.ssions.  which,  being  otherwi.se  dii- 
ployod,  did  not  raise  their  own  jirovisions.  Tho 
!im(nint  of  this  trade,  in  this  c<mijtrehensivc  view, 
was  prodigious,  and  annually  iiKTcasing,  and  in- 
voivitigin  its  current  almost  the  entire  population 
of  the  West,  either  as  tho  growers  and  makers 
of  the  provisions,  tho  curers.  cxiK)rters,  or  con- 
siuuers.  The  amount  could  scarcely  bo  a.sccr- 
tiiiued.  What  was  ex(»ortod  from  New  Orleans 
was  .shown  to  be  great;  but  il  was  only  a  frac- 
tion of  the  whole  trade.  He  declared  it  to  be  en- 
titled to  the  favorable  consideration  of  Congres.s, 
and  that  the  rejieal  of  the  salt  duty  was  the 
greatest  favor,  if  an  act  of  justice  ought  to  come-. 


III 


■I 


j^jO^:-.  ^'»'ua 


146 


TIIIIITY  YKAUS-  VIKW. 


.1', 


i    I, 


<       I 


tiiulcr  tlic  nanio  of  fuvor.  wliicli  eoiild  l»c  ron- 
flercil  it,  ns  tlic  siilt  was  nccrssiuy  in  prowiiiK 
llio  1io;;h  nnd  cuttltMis  wi'll  ns  in  iiicjmriii^  tho 
Ix't'f  ami  |H)ik  for  inurki-t.  A  rodiiclion  in  tlic 
Tiiico  of  suit,  in'xt  to  II  inlnction  in  the  |iii<L'  of 
liinil,  WHS  llic  greatest  lili'ssintt  svliicli  tlio  fcilrral 
Hi'vi'inuient  coiilil  now  confor  ii|ion  the  Wtst. 
Sir.  II.  n'riried  to  tlie  e> ample  of  Unjilaml.  who 
f.ivoreil  luT  proviNion  cr.rers,  ami  jKTini  teil  them 
to  imj)ort  alum  salt  free  of  iliity,  for  the  eneoii- 
rajicment  of  tin-  provision  trade,  even  when  her 
own  salt  niaiiiifaetnrers  were  prodiieinp;  an  abun- 
dant and  supertluous  supply  of  ronnnon  wilt. 
lie  showed  that  she  did  more  ;  that  she  extend- 
ed the  same  relief  and  eneouratrement  to  the 
Irish  ;  and  he  read  from  the  llritisli  statute  hook 
nn  net  of  the  Hritish  Parliament,  passed  in  LSO", 
entitleil  'An  act  to  eueournfie  the  ex|)ort  of 
salted  heefanil  pork  from  Ireland,'  which  allovv- 
ei!  a  Itounty  of  ten  pence  slerlin}!;  on  every  hnnd- 
reil  wci|.;lit  of  lieef  and  pirk  ,so  exp<uted,  in  ron- 
sideration  of  the  duty  paid  on  the  salt  which 
was  used  in  the  eiiriui;  of  it.  He  stateil.  that, 
ut  a  later  period,  the  (Tiity  had  been  entirely  re- 
l)ealed,  and  the  Irish,  in  common  witn  other 
British  snliji cts.  al!«nved  a  free  trade  with  all 
tlie  world,  in  salt  ;  and  then  deniandeil,  in  the 
most  emphatic  manner,  if  the  people  of  the  West 
coidd  not  obtain  fiom  the  Anieriran  Congress 
tlu'  justice  which  the  opj)ressed  Irish  had  pro- 
cured from  a  British  Parliament,  composed  of 
hereditary  nobles,  and  lllled  with  representa- 
tives of  rotten  boroughs,  and  slavi.sh  retainers 
of  the  king's  ministers. 

'•The  '  American  system '  has  t.ikcn  tlie  salt 
tax  under  its  shelter  and  protection.  The  prin- 
ciples of  that  .system,  as  I  miderstnnd  them,  and 
practise  upon  them,  are  to  tax.  through  the  cus- 
tom hou.se,  the  foreign  rivalsof  our  own  essential 
I)roductions,  when,  by  that  taxation,  an  nde(]nate 
supply  of  the  same  article,  as  good  and  as  cheap, 
can  be  in.ade  at  home.  These  were  the  princi- 
ples of  the  sj'stem  (.Mr.  11.  said)  when  he  was 
initiated,  ami.  if  they  had  changed  since,  ho  had 
not  changed  with  them  ;  and  he  apprehended  a 
promulgation  of  the  change  would  jmKluce  a 
schism  amongst  its  followers.  Taking  these  to  be 
the  principles  of  the  .system,  let  the  salt  ta.v  be 
brought  to  its  test.  In  the  first  place,  the  do- 
mestic raanufactiue  had  enjoyed  all  jwssiblc  pio- 
tcction.  The  duty  was  near  three  hundred  per 
cent,  on  Liverpool  salt,  and  four  lnm<lred  upon 
nlum  salt ;  and  to  this  must  be  added,  so  far  as 
relates  to  all  the  interior  manufactories,  the  pro- 
tection arising  from  transportation,  frequently 
equal  to  two  or  three  hundred  per  cent.  more. 
This  great  and  excessive  protection  has  been  en- 
joyed, without  interruption,  for  the  last  eighteen 
years,  and  partially  for  twenty  years  longer. 
This  surely  is  time  enough  for  the  trial  of  a  man- 
ufacture which  requires  but  little  skill  or  expe- 
rience to  carry  it  on.  Now  for  the  result.s.  Have 
the  domestic  manufactories  produced  an  ade- 
quate supply  for  the  country'  ?  They  have  not ; 
nor  half  enough.     The  production  of  the  last 


year  (IHl!!))  as  shown  in  the  return.H  to  the  Sec- 
retary of  the  Treasury,  is  about  live  millions  of 
bushels  ;  the  importation  of  foreign  salt,  for  the 
same  jK-riod,  as  shown  by  the  <'UMtoin-hou.so  re- 
turns, is  live  million  nine  himdred  and  forty-live 
thousand  live  hundred  and  forty-seven  bushels. 
This  shows  the  consumption  to  be  eleven  mil- 
lions of  bushels,  of  which  five  are  (lomestic. 
Here  the  failure  in  thee.s.sential  particular  of  an 
adequate  sujijily  is  more  than  (me  half,  la  the 
next  place,  how  is  it  in  jMiint  of  price?  I.s  the 
domestic  article  furnished  bh  cheap  as  the 
foreign  7  Far  from  it,  as  alrend)  shown,  and 
still  further,  as  can  be  shown.  The  price  of  the 
domestic,  along  the  coast  of  the  Atlantic  States, 
varies,  at  the  works,  from  thirty-seven  ond  a 
half  to  fifty  cents;  in  the  interior,  the  usual 
prices,  at  the  works,  are  from  thirty-three  and  » 
thiril  cents  to  one  dollar  for  the  bushel  of  liftv 
pounds,  which  can  nearly  be  put  into  a  half 
bushel  mi'.isnre.  The  prices  of  the  foreign  salt, 
at  the  import  cities,  as  shown  in  the  (uistom- 
honse  returns  for  1^2'.),  are,  for  the  Liverpool 
blown,  about  llltirn  cents  for  the  bushel  of  tilU- 
six  poiuids ;  for  Turk's  Island  and  other  Wesi 
India  sii!t,  about  nine  cents;  for  St.  Tbes  and 
other  Portugal  salt,  about  eiglit  cents  ;  for  Span- 
ish .salt,  Bay  of  Bi.scay  and  (Jibrallar.  about 
.seven  cents;  from  the  l.sland  of  Malta,  six  cents. 
Leaving  out  the  Liverpool  salt,  which  is  maiie 
by  boiling,  and,  therefoie,  contains  slack  and 
bittern,  a  septic  ingredient,  which  promotes  putre- 
faction, and  renders  that  salt  unlit  for  cnring 
provisions,  and  which  is  not  used  in  the  West, 
and  the  average  price  of  the  strong,  pure,  alum 
salt.  ma<le  by  .solar  evaporation,  in  liot  climates, 
is  about  eight  cents  to  the  bushel.  Here,  then 
is  another  lamentable  failure.  Instead  of  being 
sold  as  cheaj)  as  the  foreign,  the  domestic  .salt  is 
from  four  to  twelve  times  the  price  of  alum  salt. 
The  last  inquir}'  is  ns  to  the  quality  of  the 
domestic  article.  Is  it  as  good  as  the  foreign? 
This  is  the  most  essential  application  of  the  test : 
and  here  again  the  failure  is  decisive.  The  do- 
mestic .salt  will  not  cure  provisions  for  exporta- 
tion (the  little  excepted  which  is  m.ide,  in  the 
Northeast,  by  solar  evaporation),  nor  for  con- 
sumption in  the  South,  nor  for  long  keeping  at 
the  army  posts,  nor  for  voyages  witli  the  navy. 
For  all  these  purposes  it  is  worthless,  and  u.sc- 
less,  and  the  pn)visions  which  are  put  up  in  it 
are  lost,  or  have  to  lie  repacked,  at  a  great  ex- 
pense, in  alum  salt.  This  fact  is  well  known 
throughout  the  West,  where  too  many  citizens 
have  paid  the  penalty  of  trusting  to  domestic 
salt,  to  be  dupe(i  or  injured  by  it  any  longer. 

"  And  here  he  submitted  to  the  Senate,  that 
the  American  system,  without  a  gross  departure 
from  its  original  princi])les,  could  not  cover  this 
duty  any  longer.  It  has  had  the  full  benefit  of 
that  system  in  high  duties,  imposed  for  a  long 
time,  on  foreign  salt ;  it  had  not  produced  an 
adequate  supjdy  for  the  country,  nor  half  a  sup- 
ply ;  nor  at  as  cheap  a  rate,  by  three  hundred  or 
one  thousand  per  cent. ;  and  what  it  did  supply, 


ANNO  1830.    ANDREW  JACKSON.  PRKSIDENT. 


147 


so  fur  rroiii  Ikmiik  v(|ual  in  quniitity,  could  not 
even  111)  iisi'<l  iiH  a  siil)stitiiti.<  for  tlio  (irunt  and 
iiii|>(>rlanl  liiisini\ss  of  tito  |)ioviNion  trado.  'I'lio 
aiiiDiiiit  of  HO  mu(;li  of  that  trado  us  wunt  to  for- 
I'ipi  coiiiitrii'M,  Mr.  H.  Kliowed  to  ho  sixty-six 
llioiisaiid  hiuTL'Is  of  hoof,  lifty-foiir  thousand 
harrols  of  |i<)rk,  two  niillioris  of  pouixis  of  bacon, 
two  millions  of  pounds  of  hutlor,  and  ono  million 
of  pounds  of  cluTsc ;  and  Mi>  cou>id(.'i'ed  (hu  sup- 
ply for  till)  army  and  navy,  and  for  consunjjition 
in  tho  Soirth,  to  I'xctrd  the  quantity  exportt'd. 

'It  cannot  he  nccfssury  liero  to  dilato  upon 
tlio  uses  of  salt.  Hut,  in  nqHalin^  that  duty  in 
Ku;:!and,  it  was  thoujjht  worthy  of  notiou  that 
salt  was  nicossary  to  the  hoalth,  >;rowth,  and 
faltcniuf^  of  ho;;s,  niltio,  slioep,  and  horses;  that 
it  was  u  prcsiTvalivi'  of  hay  and  clover,  and  re- 
stored nioul<k'd  and  Hooded  hay  to  its  ^ood  and 
wholesome  state,  and  made  even  straw  and  <-hair 
avuilalile  as  food  fur  cattle.  The  domestic  salt 
makers  need  nut  s]H'ak  of  protection  against  ulum 
.'alt.  No  quantity  of  duty  will  keep  it  out.  The 
people  must  have  it  for  the  i)rovision  trade ;  and 
the  duty  upon  that  khid  of  salt  is  a  grievous 
liiirlhen  upon  them,  without  bein^  of  the  least 
iulvauta^re  to  the  salt  makers. 

"Mr.  IJ.  said,  there  was  no  arpjumcnt  which 
coidd  be  used  hen.',  in  favor  of  continuin}^  this 
duty,  which  was  not  used,  and  used  in  vain,  in 
Kn);land ;  and  many  were  u.scd  there,  of  much 
real  force,  which  cannot  be  used  here.  The 
.VuKiiian  system,  by  name,  was  not  inipre.s.sed 
into  tiie  service  of  the  tax  there,  but  its  doctrines 
weic ;  and  he  read  a  jtart  of  the  report  of  the 
committee  on  salt  duties,  in  1817,  to  |»ravo  it, 
U  was  tho  statement  of  the  agent  of  the  British 
salt  manufacturers,  Mr.  William  Home,  who 
was  swoi  II  and  examined  as  a  witness.  He  said : 
'  I  will  conunence  by  referrinj^  to  the  evidence  1 
pave  ui)on  the  subject  of  rock  salt,  in  order  to 
istablish  tho  presumption  of  the  national  im- 
portance of  tho  salt  trade,  arising;  from  the  larfje 
extent  of  British  capital  einjiloyed  in  the  trade, 
and  the  considerable  innnber  of  per  sons  depend- 
ant upon  it  for  sui)|)ort.  I,  at  the  same  time. 
stated  that  the  salt  trado  was  in  a  very  depressed 
state,  and  that  it  continued  to  fall  oil".  I  think 
it  cannot  be  doubted  that  the  salt  trado,  in  com- 
mon with  all  staple  British  manufiictures,  is  en- 
titled to  the  protection  of  f^ovcrnmont ;  and  the 
British  manufacturers  of  salt  consider  that,  in 
common  with  other  manufacturers  of  this  coini- 
try.  they  are  entitled  to  such  protection,  in  par- 
ticular from  a  competition  at  home  with  foreijm 
miuuilacturers ;  and.  in  conse(|uencc,  they  hope 
to  see  a  prohibitory  nuty  on  foreifrn  salt.' 

"Such  was  the  jietition  of  the  British  manu- 
facturers. They  uru't  d  the  amount  of  thci'*  <^n])- 
itiil,  the  depressed  state  of  their  business,  the 
niinib'.'r  of  jirrsons  dependent  upon  it  for  sup- 
port, the  duty  of  tiie  poveinnieiit  to  jjrotect  it, 
till'  necessity  for  a  prohibitory  duty  on  foreign 
suit,  and  the  fact  that  they  were  making  more 
thiui  the  country  could  consume.  The  ministry 
backed  them  with  a  call  for  the  continuance  of 


the  revenue,  one  million  five  hinidred  tliousand 
|)ounds  sterling,  derived  from  th"  salt  tax  ;  au<l 
with  a  threat  to  lay  that  amount  u|Min  some- 
thing else,  if  it  waslaki'U  olfof  sail.  All  would 
not  do.  Mr.  Calci'all.  and  his  friends.  ap|HuIed 
to  the  rights  and  interests  of  the  p«'oplc,  as  over- 
riding considerations  in  ipiestions  of  taxation. 
They  denounced  the  tax  its<'lf  lus  little  less  than 
impiety,  and  an  attack  u|ion  the  goodness  and 
wis<lom  of  (idd,  who  had  lllleil  the  ImiwcI^  of  tho 
earth,  and  the  waves  of  the  sen,  with  salt  for  the 
use  anil  blessing  of  man.  and  to  whom  it  was  de- 
nied, its  use  clogged  ami  fettered,  by  odious  and 
ahominablo  taxes.  They  demaniled  the  whole 
repeal ;  and  when  the  ministry  and  the  manu- 
facturers, overpowered  by  tho  voice  of  the  peo- 
ple, ollered  to  give  up  three  fourths  of  the  tax, 
they  bravely  resistoil  the  pro|M)sition,  stood  out 
for  total  repeal,  and  carried  it. 

"  Mr.  15.  could  not  doubt  a  like  result  here,  and 
ho  looked  forwanl,  with  infinite  satisfaction,  to 
the  era  of  a  free  tmde  in  salt.  Tho  first  oflbct 
of  such  a  trade  wouhl  bo,  to  reduce  the  price  of 
alum  salt,  at  the  import  cities,  to  eight  or  nine 
cents  a  bushel.  The  second  eflect  would  be,  a 
return  to  the  measured  bushel,  by  getting  rid 
of  the  tariir  regulation,  which  substituied  weight 
for  measure,  and  reduce<l  eighty-four  pounds  to 
fifty.  Tho  third  eflect  would  be,  to  establish  a 
great  trado,  carried  on  by  baiter,  between  tho 
inhabitants  of  the  Ignited  States  and  the  jH-'oplo 
of  tho  countries  which  produce  alum  salt,  to  the 
infinite  advantage  and  comfort  of  both  partie.-. 
Ho  examined  the  operation  of  this  barter  at 
New  Orleans.  He  saiil,  this  pure  and  superior 
salt,  made  entirely  by  solar  evaporation,  camo 
from  countries  whi(;h  were  deficient  m  tho 
articles  of  food,  in  which  tho  West  abounded. 
It  came  from  the  \\'est  Indies,  from  tho  coasts 
of  S|)ain  and  Portugal,  and  from  places  in  tho 
Mediterranean ;  all  of  which  are  at  this  time 
consumers  of  American  provisions,  and  take 
from  us  beef,  jiork,  bacon,  rico,  corn,  corn  meal, 
flour,  iwtatoes,  &c.  Their  salt  costs  them  almost 
nothing.  It  is  made  on  tho  sea  beach  by  tho 
jiower  of  the  sun,  with  little  care  and  aid  from 
man.  It  is  brought  to  tho  United  States  as 
ballast,  costing  nothing  for  the  transportation 
acro.ss  the  .sea.  The  duty  alone  prevents  it  from 
coming  to  tho  United  States  in  the  most  un- 
bounded (piiintity.  Hemovc  the  duty,  and  the 
trade  would  ue  prodigious.  A  bushel  of  corn  is 
worth  more  than  a  sack  of  salt  to  the  half- 
starved  people  to  whom  the  ,sea  and  the  sun 
give  as  much  of  this  salt  as  they  will  rake  up 
and  pack  away.  Tho  levee  at  New  Orlean.'j 
would  be  covered — tho  warehouse.'?  would  be 
crammed  with  salt ;  the  barter  trade  would  be- 
come extensive  and  universal,  a  bushel  of  corn, 
or  of  potatoes,  a  few  pounds  of  butter,  or  a  few 
pounds  of  beef  or  pork,  would  purchavSe  a  sack 
of  .salt ;  the  steamboats  would  bring  it  up  for  a 
trifle;  and  all  the  upper  States  of  the  Great 
Valley,  where  ,salt  is  so  scarce,  so  dear,  and  so 
indispensable  for  rearing  stock  and  curing  pro 


\i 


:m. 


1 

I 


Hi 


•  l/r 


148 


THIRTY  YEARS'  VIEW. 


B'     I    l.i! 


visions,  in  nddition  to  nil  its  obvious  uses,  wfnild 
bo  cheaply  and  abundantly  supplied  \rith  that 
article.  Mr.  B.  concluded  with  Haying,  Ihat, 
next  to  the  reduction  of  the  price  of  public  'unds, 
and  the  fix>e  use  of  the  earth  Tor  labor  and  culti- 
vation, he  considered  the  abolition  of  the  salt  tax, 
and  a  free  trade  in  foreign  salt,  as  the  greatest 
blessing  '.vliioh  the  federal  government  could 
now  bestow  upon  the  people  of  the  West." 


CHAPTER    XLVI. 

BIRTHDAY  OF  MR.  JEFFERSON,  AND  THE  DOC- 
TRINE OF  NULLIFICATION. 

Tjie  anniversary  of  the  birthday  of  Mr.  Jeffer- 
son (April  i;Uh)  wis  celebrated  thi.«  year  by  a 
numerous  company  at  Washington  City.  Among 
the  invited  guests  present  were  the  President  and 
Vice-President  of  the  Unitci!  States,  three  of  the 
Secretaries  of  departments — Messrs.  Van  Buren, 
Eaton  and  Branch  -and  the  Postmaster-General, 
XIr.  Barry — and  nun' iir-usly  attended  by  mem- 
bers of  lK)th  Ileuses  of  Congress,  and  by  citizens. 
It  was  a  iubscription  dinner;  and  as  the  paper 
iniiM)rtiM.l,  to  do  honor  to  the  memory  of  Mr  Jef- 
ferson as  the  founder  of  the  political  school  to 
which  the  subscribers  belonged.     In  that  sense 
I  wa.s  a  subscriber  tu  the  dinner,  and  attended 
it ;  and  have  no  doubt  that  the  nidi's  of  the  sub- 
scribers acted  under  the  same  feeling.     There 
was  a  full  assemblage  when  I  arrived,  and  I  ob- 
served gentlemen  standing  about  in  clusters  in 
tlie  ante-rooms,  and  talking  with  animation  on 
something  apparently  serious,  and  which  seemed 
to  engross   their  thoughts.    I  Gooa  discovered 
what  it  was — thnt  it  canic  from  the  promulgation 
of  the  twenty -four  regular  tonsts,  which  savor- 
ed of  the  new  doctrine  of  nullification ;  and  which, 
acting  on   some  pre  ions  mi.sgivings,   began  to 
spread  the  feeling,  that  tlio  dinner  v/ns  got  up 
to  inaugur^^tc  that  doctrine,  and  to  make  Mr. 
Jefferson  its  father.     Many  persons  broke  ofl" 
and  refused  to  attend  further  ;  but  the  company 
was  still  numerous,  and  ardent,  as  was  proved 
by  the  number  of  volunteer  votes  given — above 
eighty — in  addition  to  the  twenty-four  regulars ; 
and  the  numerous  and  animated  speeches  deliver- 
ed— the  reiwrt  of  the  whole  proceedings  filling 
eleven  newspaper  col'  -.»ns.    When  the  regular 
toasts  were  over,  the  President  was  called  upon 


for  a  volunteer,  and  gave  it — the  one  v  hich  elec- 
trified the  country,  and  has  become  historical : 
*'Our  Federal  Union:  It  must  bo  preserved." 
This  brief  and  simple  sentiment,  receiving  em- 
phasis and  interpretation  from  all  the  attendant 
circumstances,  and  from  the  feeling  which  had 
been  spreading  since  the  time  of  Mr.  Webster's 
speech,  was  received  by  the  public  as  a  procla- 
mation fiom  the  President,  to  annoimco  a  plot 
against  the  Union,  and  to  summon  the  people  to 
its  defence.  Mr.  Calhoun  gave  the  next  toast ; 
and  it  did  not  at  all  allay  the  suspicions  which 
were  crowding  every  bosom.  It  was  this :  "  The 
Union :  next  to  our  Liberty  the  most  dear :  niny 
we  all  remember  that  •!*  can  only  be  preserved  by 
respecting  the  rights  of  the  States,  and  distribut- 
ing equally  the  benefit  and  burthen  of  the  Union." 
This  toast  touched  all  the  tender  parts  of  the 
new  question — liberty  before  union — o/j/y  to  be 
preserved — Slate  rights — inequality  of  burthens 
and  benefits.  These  phm.ses,  connecting  tlu'in- 
.selves  with  Mr.  Ifnyne's  speech,  and  with  pro- 
ceedings and  publications  in  South  Carolina,  im- 
veiled  ni'lmfication,  as  a  new  and  distinct  doc- 
trine in  the  Unitet'  States,  with  Mr.  Calhoun  for 
its  a|K>stle,  and  a  new  party  in  ths  field  of  which 
he  was  the  leader.  The  proceedings  of  the  day 
put  an  ciiii  to  all  doubt  about  the  Justice  of  Mr. 
Webster  s  grand  pcrorat'on,  and  rv-'vealed  to  tlio 
public  mind  the  fact  of  an  actual  design  tending  to 
dissolve  the  Union. 

Mr  Jefferson  was  dead  at  t'.iat  time,  and  could 
not  defend  himself  from  the  n.so  which  the  now 
party  made  of  his  name — endeavoring  to  nifikc 
him  its  founder ; — and  putting  words  in  his  mouth 
lor  that  purpose  which  he  never  s{H)ke.  l!o 
happened  to  have  written  in  his  lifetime  and 
without  the  least  suspicion  of  its  future  groat 
materiality,  the  facts  in  relation  to  his  concern  in 
the  famous  losolutions  of  Virginia  and  Kontucky. 
am',  which  absolve  him  from  the  accu.sation 
bi-ought  against  him  since  his  death.  He  counsel- 
led the  resolutions  of  the  Virginia  General  Assem- 
bly ;  and  the  word  nullify,  or  nullification,  is  not 
in  them,  or  any  equiva'i«..»  *oril :  be  drew  the 
Kentucky  resolutions  of  1798 :  and  they  are  equal- 
ly destitute  of  the  saaio  phrases.  He  hiui  no- 
thing to  do  with  the  Kentucky  resolutions  of 
1799,  in  which  the  won!  "miliification."  and  ns 
the  '•  rightful  remedy,''  is  foiu"' ;  ^nd  tip'^n  winch 
the  South  Carolina  school  rc'ied  as  their  niaiti  ar- 
gument— and  from  wbich  their  doctrine  took  Ita 


ANNO  1830.     ANDREW  JACKSON,  PRESIDENT. 


149 


name.  Well,  ho  had  nothing  to  do  with  it !  and 
so  wrote  (as  a  mere  matter  of  information,  and 
without  foreseeing  its  future  use),  in  a  letter  to 
William  C.  Ci>.l;c!l  .shortly  before  his  death.  This 
lulter  in  in  Volume  III.,  page  429,  of  his  publish- 
ed currcHi)ondence.  Thus,  he  left  enough  to  vindi- 
i-utu  liiuiself,  without  knowing  that  a  vindication 
would  he  necessary,  and  without  recurring  to  the 
argumentative  demonstration  of  the  itcuccful  and 
constitutional  remedies  which  the  resolutions 
which  he  did  wri*.c.  alone  contemplated.  But 
he  left  a  friend  to  stand  up  for  him  when  he 
was  laid  low  in  his  »rrave — one  qualified  by  his 
long  and  intimate  assori^tion  to  lie  his  compur- 
gator, and  entitled  from  his  character  to  the  alt- 
solute  credence  of  all  mankind.  I  siteak  of  Mr. 
Madison,  who,  in  various  letters  pviblished  in  a 
quarto  volume  by  ilr.  J,  C.  Maguire,  of  Wash- 
ington City,  has  given  the  rroofs  which  I  have 
already  used,  and  added  others  equally  conclu- 
sive, lie  fully  overthrows  and  justly  resents  the 
attempt  '■'of  llie  nullifierg  to  make. the  name  of 
Mr.  JeJfi'iHon  the  pedestal  of  their  colossal  here- 
si/."  (  Page  2.S(i  •  letter  to  Jlr.  N.  P.  Trist. )  And 
lie  left  l)eliind  him  a  State  also  to  come  to  the 
resell'.'  of  his  a.ssailed  integrity — his  own  na- 
tivi;  State  of  Virginia — whose  legislature  almost 
unanimously,  immediately  after  the  attempt 
(o  make  Mr.  Jefferson  "<Ae  pedestal  (f  this 
colossal  fiercsi/,''  passed  resolves  repulsing  the 
imputation,  and  declaring  that  there  was  no- 
thing in  the  Virginia  resolutions  '98  '99.  to  sup- 
port South  Carolina  in  her  doctrine  of  nullifica- 
tion. These  testimonies  absolve  Mr.  Jefferson : 
but  the  nulliflers  killed  his  birthday  celebrations ! 
Instead  of  being  renewed  annually,  in  all  time, 
as  his  sincere  disciples  then  intended,  they  have 
never  been  heard  of  since  I  and  the  memory  of  a 
gAat  man — benefactor  of  his  species — has  lost  an 
honor  which  grateful  posterity  intended  to  pay 
it,  and  which  the  preservation  and  dis.seminalion 
of  his  principles  require  to  be  paid. 


CHAPTER    XLVII. 

REGULATION  OF  COMMKKCE. 

The  constitution  of  the  United  States  gives  to 
Congress  the  power  to  regulate  commerce  with 
foreign  nations.    That  powvi  has  not  yet  been 


executed,  in  the  sense  intended  by  the  constitu- 
tion :  for  the  commercial  treaties  made  by  the 
President  and  the  Senate  are  not  the  legislative 
regulation  intended  in  that  grant  of  power ;  nor 
are  the  tariff  laws,  whether  for  revenue  or  pi-o- 
toction,  any  the  more  so.  They  all  miss  the  ob- 
ject, and  the  mo<le  of  operating,  intended  by  the 
constil'ition  in  that  grant — the  true  nature  of 
which  wan  explained  early  in  the  life  of  the  new 
federal  government  by  those  most  com|)i-tent  to 
do  it — Mr.  Jefferson,  Mr.  Madison,  ami  Mr.  Wm. 
.Sniith  of  Soutli  Carolina, — and  in  the  forn\  most 
considerate  and  responsible.  Mr.  Jefferson,  as 
Secretttiy  of  State,  in  his  memorable  re|)ort "  On 
the  restrictions  and  privileges  of  the  conunercc 
of  the  United  States  in  foreign  countries ; "  Mr. 
Madison  in  his  resolutions  as  a  member  of  the 
House  of  Representatives  in  the  year  1793,  "  For 
the  regulation  of  our  foreign  conmierce ;  "  and 
in  his  speeches  in  supiwrt  of  his  resolutions ; 
and  the  siK-eches  in  reply,  chiefly  by  Mr.  Wil- 
liam Smith,  of  South  Carolina,  speaking  (as  it  was 
held),  the  sense  of  General  Hamilton  ;  so  that  in 
the  s|Kx'ches  and  writing  of  these  three  early 
members  of  our  government  (not  to  sjiciik  of 
many  other  able  men  then  in  the  House  of  Ih-ij- 
rcsentatives),  we  have  the  authentic  e.xjiosilion 
of  the  meaning  of  the  clause  in  (luestion.  and  of 
its  intende<l  miHle  of  oiK>ration:  for  they  idl 
agreed  in  that  view  of  the  subject,  though  differ- 
ing about  the  adoption  of  a  system  which  would 
then  have  borne  most  heavily  ujion  CJreat  Brit- 
ain. The  plan  was  defeated  at  that  time,  and 
only  by  a  very  small  majority  (52  to  47), — the 
defeat  efrecte<I  by  the  mercantile  influence,  which 
favoivd  the  British  trade,  and  wa.s  averse  to  any 
dis'^rimination  to  her  disadvantage,  though  only 
intende<l  to  coerce  her  into  a  commercial  treaty — 
of  which  we  then  had  none  with  her.  Aftcr- 
wai-ils  tlic  system  of  treaties  was  followed  up, 
and  protection  to  our  own  industry  extended  in- 
cidentally through  the  clause  in  the  constitution 
authr .  izing  Congress  to  "  Lay  and  collect  taxes, 
duties,  im|iorts  and  excises,"  &c.  So  that  the 
lK)wer  granted  in  the  clause,  "  To  regulate  com- 
merce with  foreign  nations,"  has  never  yet  been 
exercised  by  Congres:':— a  neglect  or  omission,  the 
more  remarkable  as,  licsides  the  plain  and  obvious 
fairness  and  benefit  of  the  regulation  intended, 
the  jKJWer  conferretl  by  that  clause  was  the  po- 
tential moving  cause  of  forming  the  present  con- 
stitution, and  creating  the  present  Union. 


'if|J 


I 


15C 


THIRTY  TEARS'  VIEW. 


i' 


I'l^.j 


tt:  ■  -V 


The  principla  of  the  regulation  was  to  be  that 
of  rccij)rocity — that  is,  timt  trade  was  not  to  bo 
free  on  one  side,  and  fettered  on  the  other — that 
goods  were  not  to  be  taken  from  a  foreign  coun- 
try, free  of  duty,  or  at  a  low  rate,  unless  that 
country  should  take  sometliing  from  us,  also 
free,  or  at  a  low  rate.  And  the  mode  of  acting 
was  by  discriminating  in  the  im])osition  of  duties 
between  those  which  had,  and  had  not,  commer- 
cial treaties  with  us — the  object  to  bo  accom- 
plished by  an  act  of  Congress  to  that  effect ; 
which  foreign  nations  might  meet  cither  by  leg- 
islation in  their  imposition  of  duties;  or,  and 
wliich  is  preferable,  by  treaties  of  specified  and 
limited  duration.  My  early  study  of  the  theory, 
and  the  working  of  our  government — so  often 
diffen'ut,  and  sometimes  opposite — led  mc  to 
understand  the  regulation  clause  in  the  constitu- 
tion, and  to  admire  and  approve  it :  and  as  in 
the  beginning  of  General  Jackson's  administra- 
tion, I  foresaw  the  speedy  extinction  of  the  pub- 
lic debt,  and  the  consequent  release  of  great  port 
of  our  foreign  imports  from  duty,  I  wished  to 
be  ready  to  derive  all  the  benefit  from  the  event 
which  would  result  IVom  the  double  process  of 
receiving  many  articles  free  which  were  then 
taxed,  and  of  sending  abroad  many  articles  free 
Mhich  were  now  met  by  heav}'  taxation.  "With 
this  view,  I  brought  a  bill  into  the  Senate  in  the 
se.<!sion  1829-'30,  to  revive  the  |)olicy  of  Mr. 
Madiswn's  resolutions  of  1793 — without  eflect 
then,  but  without  despair  of  eventual  success. 
And  still  wishing  to  see  that  jwlicy  revived,  and 
seeing  near  at  hand  a  favorable  opportunity  for 
it  in  the  approaching  extinction  of  our  present 
public  debt — (and  I  wish  I  could  add,  a  return 
to  economy  in  the  administration  of  the  govern- 
ment)— and  consequent  large  room  for  the  reduc- 
tion and  abolition  of  duties,  I  heix;  produce  some 
passages  from  the  speech  I  delivered  on  my  bill 
of  1830,  preceded  by  some  passages  from  Mr. 
Madison's  speech  of  1793,  in  support  of  his  res- 
olutions, and  showing  his  view  of  their  jwlicy 
and  operation — not  of  their  constitutionality,  for 
of  that  there  was  no  question :  and  his  com- 
plaint was  that  the  identical  clause  in  the  consti- 
tution which  caused  the  constitution  to  be 
framed,  had  then  remained  four  years  without 
execution.     lie  said : 

"  Mr.  Madison,  after  some  general  observa- 
tions on  the  report,  entered  into  a  more  particu- 
lar consideration  of  the  subject.     lie  remurked 


that  the  commerce  of  the  United  States  is  not, 
at  this  day,  on  that  respectable  footing  to  which, 
from  its  nature  and  importance,  it  is  entitled. 
He  recurred  to  its  situation  previous  to  the  adop- 
tion of  the  constitution,  when  conflicting  sys- 
tems prevailed  in  the  different  Stat  s.  The  then 
existing  state  of  things  gave  rise  'o  that  conven- 
tion of  delegates  from  the  different  parts  of  the 
Union,  who  met  to  deliberate  on  some  general 
principles  for  the  reguliition  of  commerce,  which 
might  be  conducive,  in  their  operation,  to  the 
general  welfare,  and  that  such  measures  should 
be  adopted  as  would  conciliate  the  friendship 
and  good  faith  of  those  countries  who  were  dis- 
posed to  enter  into  the  nearest  commercial  con- 
nections ,vith  us.  But  what  has  been  the  result 
of  the  system  which  has  been  j)ursued  ever 
sinr-e?  What  is  the  present  situation  of  our 
commerce  ?  From  the  situation  in  which  we  find 
ourselves  after  four  years'  experiment,  he  ob- 
served, that  it  appeared  incumbent  on  the  Uni- 
ted States  to  see  whether  they  could  not  now 
take  measures  promotive  of  those  objects,  for 
which  the  government  was  in  a  great  degree  in- 
stituted. Pleasures  of  moderation,  iirnuiess  and 
decision,  he  was  persuaded,  were  now  necessary 
to  be  adopted,  in  order  to  narrow  the  sphere  of 
our  commerce  with  those  nations  who  see  proper 
not  to  meet  us  on  terms  of  reciprociiy. 

'•  Mr.  SI.  took  a  geneial  view  of  the  probable 
efl'ects  which  the  adoption  of  sometliing  like  the 
resolutions  he  had  proposed,  would  produce. 
They  would  produce,  respi'cting  many  articles 
imported,  a  competition  which  would  enable 
countries  who  did  not  now  supply  us  with  tiio.sc 
articles,  to  do  it,  and  would  increasi;  the  encou- 
ra.^ement  on  such  as  we  can  produce  within  our- 
selves. "We  should  also  obtain  an  eijuitable 
share  in  carrying  our  own  produce  ;  we  should 
enter  into  the  field  of  competition  on  equal  terms, 
and  enjoy  the  actual  benefit  of  advantages  which 
nature  and  the  spirit  of  our  people  entitle  us  to. 

"  lie  adverted  to  the  advantageous  situation 
this  country  is  entitled  to  stand  in,  considering 
the  nature  of  our  exjiorts  and  returns.  Our  ex- 
ports arc  bulky,  and  therefore  must  employ 
much  shipping,  which  might  be  nearly  ail  our 
own :  our  exports  are  chiefly  necessaries  of  life, 
or  raw  materials,  the  food  fur  the  niauufacturens 
of  other  nations.  On  the  contrary,  the  chief  of 
what  we  receive  from  other  cciuitries,  we  can 
cither  do  without,  or  j)roduce  substitutes. 

'•  It  is  in  the  power  of  the  United  States,  he 
conceived,  by  exerting  )'.;'r  natural  rights,  with- 
out violating  the  rights,  or  even  the  equitable 
pretensions  of  other  nations — by  doing  no  more 
than  most  nations  do  for  the  protection  of  their 
interests,  and  much  less  than  some,  to  make  her 
interests  respected ;  for,  what  we  receive  from 
otiier  nations  arc  but  luxuries  to  us,  which,  if 
we  choose  to  throw  aside,  we  could  deprive  jiart 
of  the  manufacturers  of  those  luxuries,  of  even 
breuil,  if  we  are  forced  to  the  contest  of  self- 
denial.  This  being  the  case,  our  country  may 
make  her  enemies  feel  the  extent  of  her  power 


A.^XO  1S30.    ANDREW  JACKSOX,  PRESIDENT. 


151 


Wo  stand,  with  respect  to  the  nation  exporting 
those  Uixurie.^,  in  the  relation  of  an  opnlent  in- 
dividual to  the  laborer,  in  producing  the  suiK>r- 
fluities  for  his  accommodation ;  the  former  can 
do  without  those  luxuries,  the  consumption  of 
which  gives  bread  to  the  latter. 

"  lie  did  not  propose,  or  wish  that  the  United 
States  should,  at  present,  go  .so  far  in  the  line 
which  hi.'  .osolutions  point  to,  as  they  might  go. 
The  extent  to  which  the  principles  involved  in 
those  resolutions  should  be  carried,  will  depend 
upon  *^'ling  up  the  blanks.  To  go  the  very  ex- 
tent of  the  principle  immediately,  might  be  in- 
convenient, lie  wished,  only,  that  the  Legisla- 
ture should  mark  out  tlie  ground  on  which  we 
think  we  can  stand ;  perhaps  it  may  produce 
the  effect  wished  for,  without  unnecessary  irrita- 
tion; we  need  not  at  first,  go  every  length. 

"  Another  consideration  would  induce  him,  he 
said,  to  be  moderate  in  tilling  up  the  blanks — 
not  to  wound  public  credit.  lie  did  not  wish  to 
risk  any  sensible  diminution  of  the  public  revenue. 
He  believed  that  if  the  blanks  were  filled  with 
Judgment,  the  diminution  of  the  revenue,  from  a 
<iiminution  in  the  quantity  af  imports,  would  be 
counterbalanced  by  the  increase  in  the  duties. 

"  The  last  resolution  he  had  proposed,  he  said, 
is,  in  a  manner,  distinct  from  the  rest.  The 
nation  is  bound  by  the  most  sacred  obligation, 
he  conceived,  to  protect  the  rights  of  its  citizens 
against  a  violation  of  them  from  any  quarter ;  or, 
if  they  cannot  protect,  they  arc  bound  to  repay 
the  damage. 

•■  1 1  is  a  fact  authenticated  to  this  House  by 
ooinniunications  from  the  Executive,  that  there 
iire  regulations  established  by  some  P'.nropean 
nations,  contrary  to  the  law  of  nations,  by  which 
our  property  is  seized  and  disposed  of  in  such  a 
way  that  damages  have  accrued.  We  arc  bound 
either  to  obtain  reparation  for  the  injustice,  or 
compensate  the  damage.  It  is  only  in  the  first 
instance,  no  doubt,  that  the  burden  is  to  be 
thrown  ujwn  the  United  States.  The  proper  de- 
partment of  govornmcnt  will,  no  doubt,  take  pro- 
[jcr  steps  to  obtain  redress.  The  justice  of  foreign 
nations  will  certainly  not  permit  them  to  deny 
reparation  when  the  breach  of  the  law  of  natioTis 
evidently  appears ;  at  any  rate,  it  is  just  that  the 
individual  should  not  suffer.  He  believed  the 
amount  of  the  damages  tiiat  would  come  within 
the  meaning  of  this  resolution,  would  not  be  very 
considerable." 

Ilcj  educing  these  views  of  Mr.  Madison,  and 
with  a  des're  to  fortify  my.self  with  his  authority, 
the  better  to  produce  a  future  practical  effect,  I 
now  give  the  extract  from  my  own  speech  of 
1830: 

"  Mr.  Benton  said  he  rose  to  ask  the  leave  for 
which  he  gave  notice  on  Friday  last ;  and  in  do- 
ing so.  he  meant  to  avail  himself  of  the  parlia- 
mentary rule,  seldom  followed  here,  but  familiar 
in  the  place  frouj  whence  we  drew  our  rules — 
the  liriti-h  Parliament — and  strictly  right  and 


proper,  when  any  thing  new  or  unusual  is  to  bo 
profKi.sed,  to  state  the  clauses,  and  make  an  ex- 
))o.sition  of  the  principles  of  his  bill,  before  ho 
submitted  the  formal  motion  for  leave  to  bring 
it  in. 

*'  The  tenor  of  it  is,  not  to  abolLsh,  but  to  pro- 
vide for  the  abolition  of  duties.     This  phrase- 
ology announces  that  something  in  addition  to 
the  statute — «'  aie  jiowcr  in  addition  to  that  of 
the  legislature,  is  to  be  concerned    in  accom- 
plishing the  abolition.    Then   the    duties    for 
abolition  are  described  as  unnecessary  ones ; 
and  under  this  idea  is  included  the  twofold  con- 
ception, that  they  are  useless,  either  for  the  pro- 
tection of  domestic  industry,  or  for  supplying 
the  treasiiry  with  revenue.    The  relief  of  the 
people  from  sixteen  millions  of  taxes  is  based 
upon  the  idea  of  an  abolition  of  twelve  millions 
of  duties  ;  the  additional  four  millions  being  the 
merchant's  profit  upon  the  duty  ho  advances ; 
which  profit  the  people  pay  as  a  part  of  the  tax, 
though  the  government  never  receives  i>.     It  is 
the  merchant's  compensation  for  advancing  the 
duty,  and  is  the  .same  as  his  profit  upon  the 
goods.    The  improved  condition  of  the  fotir  great 
branches  of  national  industry  is  presented  as  the 
third  object  of  the  bill ;  and  their  relative  im- 
portance, in  my  estimation,  clas.ses  itself  accord- 
ing to  the  order  of  my  arrangement.     Agricul- 
ture, as  furnishing  the  means  of  sub.sistence  to 
man,  and  as  the  foundation  of  every  thing  else, 
is  jmt  foremost;   manufactures,  as  preparing 
and  fitting  things  for  our  use,  stands  second-, 
commerce,  as  exchanging  the  superfluities  of 
dill'erent  countries,  comes  next ;  and  navigation, 
as  furnishing  tlie  chief  means  of  canning  on 
commerce,   closes    the   li.st  of   the   four   ^reat 
branches  of  national  industry.    Though  classed 
according  to  their  resi^ctive  importance,  neither 
blanch  is  disparaged.     They  are  all  great  inter- 
ests— all  connected — all   dependent   upon  each 
other — friends  in  their  nature — for  a  long  timo 
friends  in  fact,  imder  the  ojK'rations  of  our  go- 
vernment :  and  only  made  enemies  to  each  other, 
as  they  now  are  by  a  course  of  legislation,  which 
the  approaching  extinguishment  of  the  public 
debt  presents  a  fit  opportunity  for  reforming 
and  ameliorating.    The  title  of  mj'  bill  dcclari.\s 
the  intention  of  the  bdl  to  improve  the  condition 
of  each  of  them.    The  abolition  of  sixteen  mil- 
lions of  taxes  would  itself  operate  a  great  im- 
provement in  the  condition  of  each  ;  but  the  in- 
tention of  the  bill  is  not  limited  to  that  inciden- 
tal and  consequential  improvement,  great  as  it 
may  be ;  it  proposes  a  positive,  direct,  visible, 
tangible,   and  countable  benefit  to  each;  and 
this  I  shall  prove  and  demonstrate,  not  in  this 
brief  illustration  of  the  title  of  my  bill,  but  at 
the  proper  places,  in  the  course  of  the  examina- 
tion   into  its  provisions  and  exposition  of  its 
principles. 

"I  will  now  proccc<i  with  the  bill,  reading  each 
section  in  its  order,  and  making  the  remarks 
upon  it  which  are  neces.sary  to  explain  its  object 
and  to  illustrate  its  operation. 


I 


152 


THIRTY  YEARS'  VIEW. 


The  First  Section. 

'•  That,  for  the  term  of  ten  y<-'ars,  from  and  af- 
ter the  first  day  of  January,  in  the  year  18;)2, 
or,  as  soon  thereafter  as  may  bo  a^R-ed  u[)on 
between  the  United  States  and  any  foreign  pow- 
er, the  duties  now  payable  on  tiie  importation  of 
tlic  following  articles,  or  such  of  them  as  nuij'  be 
Rftieed  upon,  shall  cease  and  u  ♦ermine,  or  be 
reduced,  in  favor  of  such  countries  as  shall,  by 
treaty,  grant  equivalent  advantages  to  the  agri- 
culture, manufactures,  commerce,  and  navigation, 
of  the  United  States. 

"This  .scctioi> 'ontuins  the  principle  of  abolisli- 
i»g  duties  by  the  joint  act  of  the  legislative  and 
executive  departments.  Tiie  idea  of  equiva- 
lents, which  the  .se<.'tion  also  prc.sents.  is  not 
new,  but  has  for  its  sanction  high  and  venerated 
authority,  of  wiiicii  I  sliall  not  fail  to  avail  my- 
self. That  we  ouj'ht  to  have  equivalents  for 
abolishing  ten  or  twelve  millions  of  duties  on 
foreign  merchandise  is  most  clear.  Such  an 
aliolition  will  be  an  advantage  to  foreign  powei-s, 
for  which  they  ought  to  compensate  na,  by  ro- 
ducing  duties  to  an  equal  amount  upon  our  iiro- 
duclions.  This  is  what  no  law,  or  separate  act 
of  our  own,  can  command.  Amicable  arrange- 
ments alone,  with  foreign  owers,  can  ellcct  it; 
iiud  to  free  such  arrangements  from  serious,  per- 
haps insuperable  diHictdties,  it  wotdd  be  neces- 
sary first  to  lay  a  foundation  for  them  in  an  act 
of  Congress.  This  is  what  my  bill  proposes  lo 
do.  It  proposes  that  Congress  shall  select  the 
articles  tor  ulwlition  of  duty,  and  then  leave  it  to 
llie  Executive  to  extend  the  provisions  of  the  act 
to  such  powers  as  will  grant  us  e(|uivalent  ad- 
vantages. The  anieles  enimierated  for  abolition 
of  duty  arc  of  kinds  not  made  in  the  United 
States,  so  that  my  bill  presents  no  ground  of 
alarm  or  uneasiness  to  any  branch  of  domestic 
industry. 

"Tbe  ncquLsition  of  cqiiivalents  is  a  striking 
feature  in  the  plan  which  I  pro|)Ose.  and  for  that 
I  have  the  autliority  of  him  whose  o])ii)ions  will 
never  be  invoked  in  vain,  while  i-epubiican  prin- 
ciples have  root  in  our  soil.  I  speak  of  Mr.  Jef- 
ferson, and  of  his  report  on  tlie  commerce  and 
nrvigation  of  the  Unite<l  States,  in  the  year  "J3, 
ttu  extract  from  which  I  will  ri'iul." 

The  Extract. 

"  Such  being  the  restrictions  on  the  rommorco 
and  naTigation  of  the  United  States,  the  question 
is,  in  what  way  thoy  may  best  be  removed,  mod- 
ified, or  counteracted  ? 

"As  to  commerce,  two  methods  occur.  1. 
By  friendly  arrangements  with  the  se>eral  na- 
tions with  whom  these  restrictions  exist :  or.  2. 
By  the  separate  act  of  our  own  legislatures,  for 
countervailing  their  eflects. 

"  There  can  be  no  doubt,  but  that,  of  these 
two,  friendly  arrangements  is  the  most  eligible. 
Insterd  of  embarrassing  commerce  under  jjiles 
of  regulating  laws,  duties,  and  prohibitions,  could 
it  be  relieved  from  all  its  shackles,  in  all  parts 


of  the  world — could  every  country  bo  employed 
in  producing  that  which  nature  has  best  fitted  it 
to  produce,  and  each  be  free  to  exchange  with 
others  mutual  .surplusse.s,  for  mutual  wants 
the  greatest  mass  possible  would  then  be  i)ro- 
duced,  of  those  things  which  contribute  to  hu- 
man life  and  human  happiness,  the  numbers  of 
mankind  would  be  increased,  and  their  condition 
betteivd. 

"  Would  even  a  single  nation  begin  with  the 
United  States  this  system  of  free  commerce,  it 
would  be  advisable  to  begin  it  with  that  nation  ; 
since  it  is  one  by  one  only  that  it  can  be  extend- 
efl  to  all.  ^Vhere  the  circumstances  of  either 
part}'  lender  it  exjiedicnt  to  levy  a  revenue,  by 
way  of  impost  on  commerce,  its  freedom  might 
lie  modified  in  that  particular,  by  mutual  and 
equivalent  measures,  preserving  it  entire  in  all 
others. 

"Some  nations,  not  yet  ripe  for  free  com- 
merce, in  all  its  extent,  might  be  willing  to  mol- 
lify its  restrictions  and  regulations,  for  us,  in 
proportion  to  the  advantages  which  an  inter- 
course with  us  might  oiler.  Particularly  they 
may  concur  with  us  in  reciprocating  the  duties 
to  be  levied  on  each  side,  or  in  comiHjrisating  any 
excess  of  duty,  by  equivalent  advantages  of 
another  nature.  Our  commerce  is  certainly  of 
a  character  to  entitle  it  to  favor  in  most  coun- 
tries. The  commodities  we  oft'er  are  either  ne- 
cessaries of  life,  or  materials  for  manufacture,  or 
convenient  subjects  of  revenue  ;  and  we  take  in 
oxchanse  either  manufactures,  when  they  have 
received  the  last  finish  cf  art  and  indtistry,  or 
nitre  luxuries.  Such  customers  may  reasonably 
expect  welcome  and  friendly  treatment  at  evety 
U'ur)  "t — customers,  Ux>,  whose  deniand.-',  increas- 
ing witli  their  wealth  and  popidation,  must  very 
shortly  give  full  em]iloyment  to  the  wholi;  indus- 
try oi  any  i\ation  whatever,  in  am- line  of  supply 
tluy  iiviy  get  into  the  habit  of  calling  for  from  it. 

"  I'lSit,  should  any  nation,  contrary  to  our 
wishes,  supjiose  it  may  better  find  its  advantage 
by  continuing  its  system  of  prohibitions,  duties, 
anil  regulations,  it  behooves  us  to  piotect  o\ir 
eitiziiis,  their  commerce  and  navigafion,  Ir/ 
eotmter  prohi))itions,  duties,  and  regulations, 
also.  Free  commerce  and  navigation  are  not  to 
be  given  in  exchange  for  restrictions  and  vexa- 
tious ;  noi'  are  they  likely  to  produce  a  relaxa- 
tion of  them." 

"  The  plan  which  I  now  propose  adopts  the 
idea  of  etpiivalents  and  retaliation  to  the  wliole 
extent  recommended  by  Mr.  Jefferson.  It  dif- 
fers from  his  plan  in  two  features :  first,  in  the 
mode  of  proceeding,  by  founding  the  treaties 
abroad  upon  a  IcgLslativc  act  at  home;  secondly, 
in  cond)ining  protection  with  revenue,  in  select- 
ing articles  of  exception  to  the  sj'stcm  of  free 
trade.  This  degree  of  protection  he  admitted 
himself,  at  a  later  period  of  his  life.  It  corres- 
ponds with  the  recommendation  of  President 
Washington  to  Congress,  in  the  year  '00.  and 
with   that  of  our  present  Chief  Magistrate,  to 


ANNO  1830.    ANDREW  JACKSON,  PRESIDENT. 


153 


'i!'  i ' 


ourselves,  at  the  commencement  of  the  present 
session  of  Congress. 

"  1  will  not  now  stop  to  dilate  upon  the  bene- 
fit which  will  result  to  every  family  from  an 
abolition  of  duties  which  will  enable  thtm  to  get 
all  the  articles  enumerated  in  my  bill  for  about 
one  third,  or  one  half  less,  than  is  now  paid  fbr 
them.  Let  any  one  read  over  the  list  of  articles, 
and  then  look  to  the  stmi  total  which  ho  now 
piiys  out  annually  for  them,  and  from  that  sum 
deduct  near  fifty  \Kr  cent.,  which  is  about  the 
average  of  the  fluties  and  merchant's  profit  in- 
cludeil,  witli  which  they  now  come  charged  to 
him.  This  dtnluction  will  be  his  saving  under 
one  branch  of  my  plan — the  abolition  clause. 
To  this  must  be  added  the  gain  under  the  clause 
to  secure  equivalents  in  foreign  markets,  and 
the  two  being  aflded  together,  the  saving  in  pur- 
chases at  home  being  added  to  the  gain  in  sales 
abroad,  will  give  the  true  measure  of  the  advan- 
tages which  my  plan  presents. 

"  Let  us  now  see  whether  the  agriculture  and 
manufactures  of  the  United  States  do  not  require 
better  markets  abroad  than  they  possess  at  this 
time.  What  is  the  state  of  these  mui  kets  ?  Let 
facts  reply.  England  imposes  a  duty  of  three 
shillings  sterling  a  pound  upon  our  tobacco, 
which  is  ten  times  its  value.  She  imposes  duties 
equivalent  to  prohibition  on  our  grain  and  pro- 
visions ;  and  either  totally  excludes,  or  enormous- 
ly taxes,  every  article,  except  cotton,  that  we 
send  to  her  ports.  In  France,  our  tobacco  is 
subject  to  a  royal  monopolj-,  which  makes  the 
king  the  sole  purchaser,  and  subjects  the  seller 
to  the  necessity  of  taking  the  price  which  his 
ngents  will  give.  In  Germany,  our  tobacco,  and 
other  articles,  are  heavily  dutied,  and  liable  to 
a  transit  duty,  in  addition,  when  they  have  to 
ascend  the  Rhine,  or  other  rivers,  to  penetrate 
the  interior.  In  the  West  Indies,  which  is  our 
great  provision  market,  our  beef,  pork,  and  Hour, 
usually  pay  from  eight  to  ten  dollais  a  barrel : 
our  bacon,  from  ten  to  twenty-five  cents  a 
pound ;  live  hogs,  eight  dollars  each ;  corn,  corn- 
meal,  lumber,  whiskey,  fruit,  vegetables,  and 
every  thing  else,  in  pi-oportion;  the  <Iuties  in 
the  different  islands,  on  an  i>vcrage,  equalling 
or  exceeding  the  value  of  the  articles  in  the 
United  States.  We  export  about  forty-five 
millions  of  domestic  productions,  exclusive  of 
manufactures,  annually ;  and  it  may  be  safely 
assumed  that  we  have  to  pay  near  that  sum  in 
the  shape  of  duties,  for  the  privilege  of  selling 
tliese  exports  in  foreign  markets.  So  much  for 
agriculture.  Our  manufactures  are  in  the  same 
condition.  In  many  branches  they  have  met  the 
lioine  leniund,  and  are  going  abroad  in  search  of 
foreign  markets.  They  niict  with  vcxaMous  re- 
strictions, peremptory  exclusions,  or  oppressive 
duties,  wherever  they  go.  The  (piantity  already 
esiKjrted  entitles  them  to  national  consideration, 
in  the  list  of  exports.  Their  aggregate  value  for 
1828  was  about  live  millions  of  dollars,  compris- 
ing domestic  cottons,  to  the  amount  of  a  million 
of  dollars ;  soap  and  candles,  tu  the  value  of  uino 


hundred  thousand  dollars;  boots,  shoes,  and 
smldlery,  five  hundred  thousand  dollars;  hats, 
three  hundred  thousand  dollars ;  cabinet,  coach, 
and  other  wooden  work,  six  hundred  thousand 
dollars  ;  glass  and  iron,  three  hundred  thousand 
dollars ;  and  numerous  smaller  items.  This 
large  amount  of  manufactures  i)ays  their  vidue, 
in  some  instances  more,  for  the  privilege  of  being 
sold  abroad ;  and,  what  is  worse,  they  are  totally 
excluded  from  several  countries  from  which  wo 
buy  largelj'.  Such  restrictions  and  impositions 
are  highly  injurious  to  our  manufactures ;  and 
it  is  incontestably  true,  the  amount  of  exports 
prove  it,  that  what  most  of  them  now  need  is  not 
more  protection  at  home,  but  a  better  market 
abroad ;  and  it  is  one  of  the  objects  of  this  bill  to 
obtain  such  a  market  for  them. 

"  It  appeai-s  to  me  [said  Mr.  B.]  to  be  a  fair 
and  practicable  plan,  combining  the  advantages 
of  legislation  and  negotiation,  and  avoiding:,  the 
objections  to  each.  It  consults  tb:  sense  of  the 
people,  in  leaving  it  to  their  Representatives  to 
say  on  what  articles  duties  shall  be  abolished  for 
their  i-elief ;  on  what  they  shall  be  retained  for 
protection  and  revenue ;  it  then  secures  the  ad- 
vantage of  obtaining  equivalents,  by  referring  it 
to  the  Executive  to  extend  the  benefit  of  the  ab- 
olition to  such  nations  as  shall  reciprocate  the 
favor.  To  such  as  will  not  reciprocate,  it  leaves 
every  thing  as  it  now  stands.  The  success  of 
tliLs  plan  can  hardly  be  doubted.  It  addresses 
itself  to  the  two  most  powerful  passions  of  the 
human  heart — interest  and  fear ;  it  applies  itself 
to  the  strongest  principles  of  Iiuman  action- 
profit  and  loss.  For,  there  is  no  nation  with 
whom  we  trade  but  will  be  benefited  by  the  in- 
creased trade  of  her  staple  productions,  which 
will  result  from  a  free  trade  in  such  productions; 
none  that  would  not  bo  crippled  by  the  loss  of 
such  a  trade,  which  loss  would  b(!  the  immediato 
efliect  of  rejecting  our  system.  Our  position  en- 
ables us  to  command  the  commercial  system  of 
the  globe ;  to  mould  it  to  our  own  plan,  for  the 
benefit  of  the  world  and  ourselves.  The  ap- 
proaching extinction  of  the  public  debt  puts  it  in- 
to our  power  to  abolish  twelve  millions  of  duties, 
and  to  set  free  more  than  one-half  of  our  entire 
coiiiiuerce.  We  should  not  forego,  nor  lo.sc  the 
advantages  of  such  a  position.  -It  occurs  but  sel- 
dom ill  the  life  of  a  nation,  and  once  missed,  is 
irretrievably  gone,  to  the  generation,  at  least,  that 
saw  and  neglected  the  golden  opportunity.  Wo 
have  coinpluiued,  and  justly,  of  the  burthens 
upon  our  exports  in  foreign  countries ;  a  part  of 
our  tariff  system  rests  ujion  the  principle  of  reta- 
liation for  the  injury  thus  done  us.  Retaliation, 
heretofore,  has  been  our  only  resource :  but  re- 
ciprocity of  injuries  is  not  the  way  to  enrich  na- 
tions any  more  than  individuals.  It  is  an  '  un- 
|irolitablc  cotitest,'  under  every  aspect.  But 
the  present  conjuncture,  payment  of  the  public 
debt,  in  itself  a  rare  and  almost  unprecedented 
occurrence  in  the  history  of  nalioas,  enables  us 
to  enlarge  our  system  ;  to  pi-esent  a  choice  of  al- 
ternatives:  one  fraught  with  relief,  the  other 


ill- 


'lllililljlil 


siiit 


W' 


! "  i»R^ 


154 


THIRTY  YEARS'  VIEW. 


■3  '1 


■;.  ^1 


'!":'•■ 


4 


presontinn  a  burthen  to  foreign  nations.  The 
participation,  or  exclusion,  from  forty  millions  of 
free  trade,  annually  increasing,  would  not  admit 
of  a  second  thought,  in  the  h.>ad  of  any  nation 
with  which  we  trade.  To  sty  nothing  of  her 
gains  in  the  participation  in  such  n  commerce, 
what  would  he  her  loss  in  the  exclusion  from  it  ? 
How  would  England,  France,  or  Germany,  bear 
the  loss  of  thoir  linen,  silk,  or  wine  trade,  with 
the  United  States?  IIow  could  Cuba,  St.  Do- 
mingo, or  Brazil,  bear  the  loss  of  their  coffee  trade 
witli  us  ?  They  could  not  besr  it  ul  all.  Deep 
and  essential  injury,  ruin  of  industry  stsditions, 
and  bloodshed,  and  the  overthrow  of  administra- 
tions, would  be  the  consequence  of  such  loss. 
Yet  such  loss  would  be  inevitable  (and  not  to 
the  few  nations,  or  in  the  articles  only  which  I 
have  mentioned,  for  I  have  put  a  few  instances 
only  by  way  of  example),  but  to  every  nation 
with  whom  we  trade,  that  would  not  fall  into 
our  system,  and  throughout  the  whole  list  of  es- 
sential articles  to  which  our  abolition  extends. 
Our  present  heavy  duties  would  continue  in  force 
against  such  nations ;  they  would  be  abolished 
in  favor  of  their  rivals.  We  would  .say  to  them, 
in  the  language  of  JVIr.  Jefferson,  free  trade  and 
navigation  is  not  to  be  given  in  exchange  for  re- 
strictions and  vexations!  But  I  feel  entire 
confidence  that  it  would  not  be  necessary  to  use 
the  language  of  menace  or  coercion.  Amicable 
representations,  addressed  to  their  sense  of  self- 
interest,  would  be  more  agreeable,  and  not  less 
effectual.  The  plan  cannot  fail !  It  is  scarcely 
within  the  limits  of  possibility  that  it  should 
fail !  And  if  it  did,  what  then  ?  We  have  lost 
nothing.  We  remain  as  we  were.  Our  present 
duties  are  still  in  force,  and  Congress  can  act 
ujwn  them  one  or  two  years  hence,  in  any  way 
they  please. 

'•  Here,  then,  is  the  peculiar  recommendation 
to  my  plan,  that,  while  it  .secures  a  ciiance,  little 
short  of  absolute  certainty,  of  procuring  an  abo- 
lition of  twelve  millions  of  duties  upon  our  ex- 
ports in  foreign  countries,  in  return  for  an  aboli- 
tion of  twelve  millions  of  duties  upon  imjwrts 
from  them,  it  exposes  nothing  to  jisk  ;  the  abo- 
lition of  duty  upon  the  foreign  article  here  being 
contingent  upon  the  acquisition  of  the  equivalent 
advantage  abroad, 

"I  close  this  exposition  of  the  principles  of 
my  bill  with  the  .single  remark,  that  these  treaties 
for  the  mutual  abolition  of  duties  should  be  for 
limited  terms,  say  for  seven  or  ten  years,  to  give 
room  for  the  modifications  which  time,  and  the 
varj'ing  pursuits  of  industry,  may  show  to  be 
ncces.sary.  Upon  this  idea,  the  bill  is  framed, 
and  the  period  of  ten  years  inserted  by  way  of 
suggestion  and  exemplification  of  the  plan.  Ano- 
ther feature  is  too  obvious  to  need  a  remark,  that 
the  time  for  the  commencement  of  the  abolition 
of  duties  is  left  to  the  Executive,  who  can  ac- 
commodate it  to  the  state  of  the  revenue  and  the 
extinction  of  the  public  debt." 

Tho  plan  which  I  proposed  in  this  speech  adopt- 


ed the  principle  of  Mr.  Madison's  resolutions 
but  reversed  their  action.  The  discrimination 
which  he  proposed  was  a  levy  of  five  or  ten  per 
cent,  more  on  the  imports  from  countries  which 
did  not  enter  into  our  propositions  for  reciprocity : 
my  plan,  as  being  the  same  thing  in  substance 
and  less  invidious  in  form,  was  a  levy  of  five  or 
ten  per  cent,  less  on  the  commerce  of  the  recip- 
rocating nations — thereby  holding  out ,  an  in- 
ducement and  a  benefit,  instead  of  a  threat  and 
a  penalty. 


CHAPTER    XLVIII  . 

ALUM  S.\I.T.  TIIK  ABOLITION  OF  THE  DITTY  UPON 
IT,  AND  HKPKAL  OF  THE  FISHING  BOUNTY  AND 
ALLOWANCES  FOUNDED  ON  IT. 

I  LOOK  ujwn  a  salt  tax  as  a  curse — as  sonio- 
thing  worse  than  a  political  blunder,  great  as 
that  is — as  an  impiety,  in  stinting  the  use,  and 
enhancing  the  cost  by  taxation,  of  an  article 
which  God  has  made  necessary  to  the  liealth  ana 
comfort,  and  almost  to  the  life,  of  every  aj.iuiat- 
ed  being— the  poor  dumb  animal  which  can  only 
manifest  its  wants  in  mute  signs  and  frantic  ac- 
tions, as  well  us  the  rational  and  .speaking  man 
who  can  thank  the  Creator  for  his  goodness,  and 
curse  the  legislator  that  mars  its  enjoyment. 
There  is  a  mystery  in  salt.  It  was  u.sed  in  holy 
sacrifice  from  the  earliest  day  ;  and  to  this  time, 
in  the  Oriental  countries,  the  stranger  lodging  in 
the  house,  cannot  kill  or  rob  while  in  it.  after  ho 
has  tasted  the  master's  salt.  The  disciples  of 
Christ  were  called  by  their  mar.ter  the  .'ialtof  tho 
earth.  Sacred  and  profane  history  abound  in  in- 
stances of  people  refusing  to  fight  against  the 
kings  who  had  given  them  .salt :  and  this  myste- 
rious deference  for  on  article  ,so  essential  to  man 
and  beast  takes  it  out  of  the  class  of  ordinary 
production."!,  and  carries  it  up  close  to  tho.sc  vi- 
tal elements — bread,  water,  fire,  air — which  Pro- 
vidence has  made  essential  to  life,  and  spread 
every  where,  that  craving  nature  may  find  its 
supply  without  stint,  and  Avithout  tax  The 
venerable  Mr,  Macon  considered  a  salt  tax  in  a 
sacrilegious  point  of  view — as  breaking  a  sacred 
law — and  fought  against  ours  as  long  as  his 
public  life  lasted ;  and  I,  his  disciple,  not  discs- 
teemed  by  him,  commenced  fighting  by  his  sido 
against  the  odious  imposition ;  and  have  contin- 


ANNO  1830.    ANDIIEW  JACKSON,  PRESIDENT. 


155 


ucd  it  since  his  death,  nnd  hlmll  continue  it  un- 
til the  tax  ceases,  or  my  {)oHticAl  life  terniinntes. 
Many  are  my  speeches,  and  reports,  against  it 
in  my  senatorial  life  of  thirty  years ;  and  among 
other  speeches,  one  limited  to  a  partictilar  kind 
of  suit  not  made  in  the  United  States,  and  indis- 
pensable to  dried  or  pick'ed  provisions.  This  is 
the  alum  salt,  made  by  solar  evaporation  out  of 
sea  water ;  and  being  a  kind  not  produced  at 
Iiomc,  indispensable  and  incapable  ol'  substitute, 
it  had  a  legitimate  claim  to  exemption  from  the 
canons  of  the  American  system.  That  system 
protected  homemade  fire-boiled  common  salt, 
because  it  had  a  foreign  rival :  we  had  no  sun- 
made  cry.sta]lized  salt  at  home;  and  therefore  had 
nothing  to  protect  in  taxing  the  foreign  article. 
I  had  failed — wo  had  all  failed — in  our  attempts 
to  abolish  the  salt  tax  generally:  I  determined 
to  attempt  tho  abolition  of  the  alum  salt  duty  se- 
parately ;  and  with  it,  the  fishing  bounties  and 
allowances  founded  upon  it:  and  brought  n 
bill  into  the  Senate  to  accompli.sh  tiiat  object. 
The  fishing  bounties  and  allowances  being  claim- 
ed by  some,  as  a  bounty  to  navigation  (in  '•,  hich 
point  of  view  they  would  bo  as  untunstitutional 
as  unjust),  I  was  under  the  necessity  of  tracing 
their  origin,  as  being  founded  on  the  idea  of  a 
drawback  of  the  duty  paid  on  the  salt  put  uiion 
tlie  exported  '''•'ed  or  pickled  fish — conmiencing 
with  the  suit  tax,  and  adjusted  to  the  amount  of 
the  tax — rising  with  its  increase  and  fulling  with 
its  fall — and  that,  in  the  beginning  allowed  to  the 
exportation  of  picklec'  beef  and  poik,  to  the 
same  degree,  and  upon  the  same  principle  that 
the  bounties  and  allowances  were  extended  to 
the  fisheries.  In  the  bill  introduced  for  this 
purpose,  I  spoke  as  follows : 

"  To  spare  any  senator  the  supposed  necessity 
of  rehearsing  me  a  lecture  upon  the  importance 
of  the  fisheries,  I  will  jiremiso  that  I  have  some 
acquaintance  with  the  subject — that  I  know  the 
fisheries  to  be  valuable,  for  the  food  they  pro- 
duce, the  commerce  they  create,  the  mariners 
they  perfect,  the  employment  they  give  to  arti- 
sans in  the  building  of  vessels ;  and  the  consump- 
tion they  make  of  wood,  hemp  and  iron.  I  also 
kno«v  that  the  fishermen  applii^'d  for  the  boun- 
ties, at  the  commencement  of  our  present  form 
of  government,  which  the  British  give  to  their 
fisheries,  for  the  encouragement  of  navigation  ; 
and  that  they  were  denietl  them  upon  the  rc- 
|)ort  of  the  then  Secretary  of  State  (Mr.  Jef- 
fcr.son).  I  also  know  that  our  fishing  boun- 
ties and  allowances  go,  in  no  part,  to  that 
branch   of  .'ishing   to  which   the  British  give 


most  bounty — whaling — because  it  is  the  best 
school  for  mariners ;  and  the  interi'sts  of  nav- 
igation are  tl;.eir  principal  object  in  jiromoting 
ILshing.  No  part  of  our  bounties  and  allow- 
ances go  to  our  whale  ships,  becau,<e  thej-  do 
not  consume  foreign  salt  on  which  thty  have 
paid  duty,  und  r'^claim  it  as  drawback.  I  hnve 
also  read  the  sir.  dozen  acts  of  Congres.s,  general 
and  particular,  oassed  in  the  last  forty  yeui  s — 
from  1789  to  It'iO  i;  clusively — giving  the  boun- 
ties and  allowances  which  it  is  my  present  pur- 
pose to  abolish,  with  the  alum  salt  duty  on 
which  all  this  superstructure  of  legislative  en- 
actment is  built  up.  I  say  the  salt  tax,  and  es- 
pecially the  tax  on  alum  salt  ^which  is  the  kind 
required  for  the  fisheries),  is  tne  foundation  of 
all  these  bounties  and  allowances  ;  and  that,  us 
they  grew  up  together,  it  is  fair  and  regulnr  that 
they  should  sink  and  fall  together.  1  recite  a 
dozen  of  the  acts :  thus : 

"1.  Act  of  Congress,  1789,  grants  five  cents 
a  barrel  on  pickled  fish  and  salted  provisions, 
and  live  cents  a  quintal  on  dried  fish,  exported 
from  the  United  States,  in  lieu  of  a  drawback  of 
the  duties  impo.scd  on  the  importation  of  the  salt 
used  in  curing  such  fish  and  provi.<ions. 

"  N.  B.  Duty  on  salt,  at  that  time,  six  cents  a 
bushel. 

"2.  Act  of  1790  increases  the  boimty  in  lie.i  of 
drawba4;k  to  ten  cents  a  barrel  on  pickled  fish 
and  salted  provisions,  and  ten  cents  a  quintal  on 
dried  fish.  The  duty  on  salt  being  then  raised 
to  twelve  cents  a  bushel. 

"  3.  Act  of  1792  repeals  the  bomity  in  lieu  of 
drawback  on  dried  fish,  and  in  lieu  of  that,  and 
as  a  commutation  and  equivalent  thereibr.  au- 
thorizes an  allowance  to  be  paid  to  vessels  in  the 
cod  fishery  (dried  fish)  at  the  rate  of  one  dollar 
nnd  fifty  cents  a  ton  on  vessels  of  twenty  to 
thirty  tons ;  with  a  limitation  of  one  hundred 
and  seventy  dollars  for  the  highest  allowance  to 
any  vessel. 

"  4.  A  supplementary  act,  of  the  same  year, 
adds  twenty  per  cent,  to  each  head  of  these  al- 
lowances. 

"  5.  Ac"  of  1797  increases  the  bounty  on  salt- 
ed provisii  ns  to  eighteen  cents  a  barrel ;  on 
pickled  fish  to  tw  enty-two  cents  a  barrel ;  and 
adds  thirty-three  and  a  third  per  cent,  to  the  al- 
lowance in  favor  of  the  cod-fishing  vessels.  Du- 
ty on  salt,  at  the  same  time,  being  rai.sed  to  twen- 
ty cents  a  bushel. 

"  G.  Act  of  1799  increases  the  bounty  on 
pickled  fish  to  thirty  cents  a  barrel,  on  salted 
provisions  to  twenty-five. 

"7.  Act  of  1800  continues  all  previous  acts 
(for  bounties  and  allowances)  for  ten  years,  and 
makes  this  proviso :  That  these  allowances  shall 
not  bo  understood  to  be  continued  f  )r  a  longer 
time  than  the  corresjwndent  duties  on  salt,  re- 
spectively, for  which  the  said  additio  lal  allow- 
ances were  granted,  shall  be  payable. 

"  8.  Act  of  1807  repeals  all  laws  la,.ing  a  du- 
ty on  imported  salt,  and  for  paying  bounties  on 
the  exportation  of  pickled  fish  and  sated  pro- 


156 


THIRTY  \r.\nA'  vir.w. 


l:i     ' 


U 


i      • 


visions,  and  niakin;r  allowancos  to  fisliii>j^  vessels 
— Mr.  .Ti'tlLTSon  ln'inj^  (hen  President. 

"  !>.  Act  of  181.5  pves  n  liounty  of  twenty 
cents  a  barrel  on  pickled  tish  cxfiorted,  nnd  al- 
lows to  the  cod-fisliinp;  vessels  at  the  nite  of 
two  dollars  and  forty  cents  the  ton  for  vessels 
between  twenty  and  thirty  tons,  four  <loll!irs  a 
ton  for  ves.sels  above  thirty,  witli  a  limitation  of 
two  hundred  and  seventy-two  «lollars  for  the 
hiphest  allowance  ;  and  a  proviso,  that  no  lM)un- 
t}-  or  allowance  should  be  paid  unless  it  was 
proved  to  the  satisfaction  of  the  collector  that 
the  fish  was  wholly  cured  with  foreign  .sal',  and 
the  duty  on  it  securc«l  or  paid.  The  salt  duty, 
at  the  rate  of  twenty  cents  a  bushel,  was  re- 
vived as  a  war  tax  at  tli-,  ame  time.  Boun'ies 
on  salted  provisions  wt!      uiitto<  . 

"  10.  Act  of  l«10continuetl  the  act  of  18l3 
in  force,  which,  being  for  the  war  only,  wouKl 
otherwi.sc  have  expired. 

'•11.  Act  of  1819  increases  the  allowance  to 
vessels  in  the  cod  fishery  to  three  dollars  and 
fifty  cents  a  ton  on  vessels  from  five  to  thirty ; 
to  four  dollars  a  ton  on  vessels  above  thirty  tons ; 
with  a  limitation  of  three  hundred  and  sixty  dol- 
lars for  the  maximum  allowance. 

"12.  Act  of  1828  authorizes  the  mackerel 
flshing  vessels  to  take  out  licenses  like  the  cod- 
fishing  vessels,  tinder  which  it  is  rei)ortcd  by 
the  vigilant  Secretary  of  the  Treasury  that  mo- 
ney is  illegally  drawn  by  the  mackerel  vessels — 
the  newspajiers  say  to  the  amount  of  thirty  to 
fifty  thousiind  dollars  per  annum. 

''  These  recitals  of  legislative  enactments  are 
suflicient  to  prove  that  the  fishing  bounties  and 
allowances  aie  bottomed  ui)on  the  sal'  luty,  and 
must  stand  or  fall  with  that  dut}-.  1  viil  now 
give  my  reasons  for  proposing  to  abol  ,>  \  the  du- 
ty on  alum  salt,  and  will  do  it  in  th?  simplest 
form  of  narrative  statement;  the  reasons  them- 
r-eiv<'s  being  of  a  nature  too  weighty  md  obvi- 
ous to  nee<l,  or  even  to  admit,  of  colorii.j^or  ex- 
aggeration from  arts  of  speech. 

"1.  ISecaiise  it  is  an  article  of  in(lis|x'nsable 
necessity  in  the  provision  tra<le  of  the  United 
States.  \o  beef  or  pork  for  the  aiiiiy  or  navy, 
or  for  consumption  in  the  South,  or  for  ex|K)rta- 
tion  abroad,  can  Ikj  put  up  except  in  this  kind  of 
sjilt.  If  put  up  in  common  salt  it  is  rejected 
absolutely  by  the  commissaries  of  the  army  ami 
navy,  and  if  taken  to  the  South  must  be  repacked 
in  alum  salt,  at  an  e\|)ense  of  one  dollar  and 
twelve  and  a  half  cents  a  barrel,  before  it  is  ex- 
ported, or  .sold  for  domestic  consumption.  The 
(piantity  of  provisions  which  require  this  salt,  and 
must  have  it,  is  prodigio;is,  and  annually  increas- 
ing. The  exports  of  182h  were,  of  beef  sixtj'-six 
thousand  barrels,  i.,*'  jKtrk  fifty-four  tiio'isand 
liaiivls.  of  bactn  one  million  nine  hundred  thou- 
sand |K)unils  weight,  butter  and  cheese  two  mil- 
lion poiin(U  weight.  The  value  of  Micse  articles 
was  two  millions  and  a  quarter  of  (i  >IIars.  To 
this  ainouiit  must  be  added  the  supply  for  the 
army  and  navy,  and  all  that  was  sent  to  the 
bouth  for  home  consumption,  every  poun  <   of 


which  had  to  be  cup-rl  in  this  kind  of  salt,  for 
common  salt  will  not  cure  it.  The  Western 
country  is  the  great  producer  of  provisions ;  and 
there  is  scarcely  a  fanner  in  the  whole  extent  of 
that  vast  region  whose  interest  (l<ies  not  mpiiie 
a  pioiiipt  repeal  of  the  duly  on  this  ili'scrqitiiin 
of  salt. 

••  2.  neeau.se  no  .>ialt  of  this  kind  is  made  in  llie 
United  States,  nor  any  rival  to  it,  or  snlisiitnic 
for  it.  It  is  a  foreign  iniportalioii,  brought  from 
various  islands  in  liie  West  Indies,  belonging  to 
Kngland.  France.  Spain,  and  Denmark  ;  and  from 
Lisbon,  St.  Ubes,  (iibraltar,  the  IJay  of  Uiscav. 
and  liiverpool.  The  \  '•inciples  of  the  iHKlectin^r 
systeir  lo  not  v^  jnd  o  it:  for  i o  (|uaniit\  of 
pvotec  J  car  ,  ^'i'''-  a  honv"  supply.  TIk; 
jiresi.it  (i.tiv  «ti;,;h  i.;  fiir  beyond  tlic  liitioual 
limit  of  ]  v;i''  '  ?  i  "las  bei-n  in  force  mar  thirtv 
yea'  ami  ,  rr.  j^oduceda  pound.  \Ve  are 
still  thrown  xlusivi.'  inm  tiie  li>reign  supplv. 
rSio  principles  of  the  { .  ii,<  <  •.ing  .system  can  ouiv 
apj)!}  to  common  .salt,  the  product  (A'  « liidi  is 
considerable  in  the  United  States;  and  upon  that 
kind,  the  present  duty  u  proposed  to  be  left  in 
full  force. 

'•;>.  liecause  the  iluty  is  enormous,  and  (piad- 
riiples  the  i)rice  of  the  salt  to  the  farmer.  The 
original  value  of  salt  is  about  fifteen  cents  llie 
measure<l  bushel  of  e'ghty  four  iM)unds.  lint 
the  tariff  substitutes  weight  for  ineasnrc.  and 
li.ves  that  weight  at  fifty-six  pounds,  instiiid  oj' 
eighty-four.  U|)on  that  lil'ty-six  i)OMnds,  adulv 
of  twenty  cents  is  laid.  U|K>n  this  <liity,  the  re- 
tail merchant  Una  his  profit  of  eight  or  ten  cents. 
and  then  reduces  his  bushel  from  fifty-six  toliriv 
))ounds.  The  consecpieiice  of  all  sc  operations 
is,  that  the  farmer  pays  about  three  times  as 
mu(;h  for  a  weighed  bushel  of  filly  jioiiiids.  as 
he  would  have  ])aid  for  a  measure.!  bushel  of 
eighty-four  jiounds,  if  this  duty  had  never  been 
imiM)sed. 

'•4.  Hcoausc  the  duty  is  unequal  in  its  ofHra- 
tion,  and  falls  heavily  on  some  parts  of  the  com- 
munity, and  produces  profit  to  others.  It  is  a 
heavy  tax  on  the  farmers  of  the  West,  who  ex- 
port provisions ;  and  no  tax  at  all,  but  rather  a 
source  of  profit,  to  that  branch  of  the  fisheries  lo 
which  the  allowances  of  the  vessels  apply.  K.\- 
lK)rters  of  provisions  have  the  same  claim  to  these 
allowances  that  exjHirters  of  fish  have.  Hoth 
claims  rest  u|K>n  the  same  principle,  and  upon 
the  principle  of  all  drawbacks,  that  of  refuiiduig 
the  duty  paid  on  the  iuqiorted  salt,  which  is  le- 
exiKirted  on  salted  fish  and  provisions.  The  same 
principle  covers  the  beef  and  pork  of  the  fanner 
which  covers  the  llsli  of  tlie  fisherman  ;  nnd  such 
was  the  law,  as  I  liavo  shown,  for  the  first  eigh- 
teen ycvrs  that  these  bounties  nnd  allowaiux's 
were  autluuized.  Fish  nnd  provi.sions  fared  alike 
from  178'.(  to  181)7.  Uounties  and  allowances 
Ijegan  u|)on  them  together,  and  fell  together,  on 
the  re|H'al  of  the  salt  tax.  in  the  secon<l  term  of 
Mr.  Jefferson's  administration.  At  the  renewal 
of  the  salt  fax.  in  ISl.'l.  at  the  commencement  of 
tho  late  war,  they  parted  company,  and  the  law, 


tl 


In  the  exact 
of  one  nnd 
fishing  inter 
dred  and  fi 
the  treasury 
cent,  while 
much,  and 
draw  more 
trer.surv. 
"5.  Bei 
due  amount 
under  the  i<l 
of  duty  on 
Tln>  a...  u 
way   is    abt 
and  fifty 
on    at    the 
thousand 
augmenting, 
the  legal 
proved  in 
({uantity  of 
with  the  cp 
cxportetl,  w 
the  year    1' 
millions  of 
millions  of 
suppose  abi 
anlt  uiK)n  ea 
the  value  of 
with  the  val 
cx|K)rted. 
and  forty-ei 
duty  on  alh) 
fish;  makinj 
On  this  basi 
usefl  on  exj) 
hundred   tin 
the  incrcasii 


creasing  ex|i 
given  iK,'rio< 
same,  wouh 
1820,  three 
four  hundre 
exported,  a 
thonsan<l  se 
jwid  for  the 
in  1828,  tw 
two  hunflre 
exported,  ai 
sand  one  In 
the  commul 
the  fact  th 
the  trea.su  r 
nnces,  bottt 
is  expressl 
Trea.su  ry  ( 
finances,  at 
session  of  ( 
port.] 

'  (■>.  Recs 
tion  of  one 
constitutior 


ANXO  18S0.     ANDREW  .TACK90N,  PRFSrDENT. 


157 


.  rMsors    ..'aw  not  a 

timii   (loiihic  n.s 

aiiie  prinriplo,  to 

■1 II  onoy  from  tlio 

of  drawing  nn  iin- 
'lu  pill)!  trcasiiry, 
.it  for  the  (Iruwl)ack 


In  the  cxart  sense  of  tlm  proverb,  has  made  fish 
of  one  ami  flesh  of  iho  other  ever  since.  The 
fishing  interest  is  now  »lra\vin;^  aljoul  two  hun- 
dred and  fifty  thousan<l  dollars  annually  from 
the  treasury ;  the  provision 
cent,  while  they  ex|M)rt  n: 
miieh,  and  ought,  upon  tii 
draw  more  than  double  as  v 
trcrsurv. 

"5,  Because  it  is  the  me;.; 
due  amount  of  money  ft-om 
under  the  iden  of  anerpiiv;!!. 
of  duty  on  th-  salt  'ise<l  'ii  the  curing  of  fish. 
Thi>  H>u  'Mil  o.  money  m-tual'y  driivu  in  ♦!  t 
way  is  about  four  millions  seven  humlred 
and  fifty  thousand  dollars,  and  is  now  poing 
on  at  the  rate  of  two  hundred  and  fifty 
thousatui  dollars  per  annum,  ami  constantly 
augmenting.  That  this  amount  is  more  than 
the  legal  idea  recognizes,  or  contemplates,  Is 
proveii  in  various  ways.  I.  i'v  compuiing  the 
(piantity  of  .salt  supiKised  to  have  bi-en  used, 
with  the  quantity  of  fish  known  to  have  been 
exported,  within  a  given  year.  This  test,  for 
the  year  IS'Jrt,  would  oliibit  lihout  seventy 
n^illions  of  pounds  weight  dI'  salt  on  «lK«it  forty 
millions  of  |)Ounds  weight  of  fish.  This  would 
suppose  about  a  pound  and  three  quarters  of 
anit  u|H)n  each  pound  of  fish.  2.  I(y  comparing 
the  value  of  the  .salt  sujijk)  d  to  have  been  used, 
with  the  value  of  the  fish  known  to  have  been 
exjKJrted.  This  test  would  give  two  hundred 
and  forty-eight  thou.sand  dollars  for  the  salt 
duty  on  alhMit  one  million  of  dollars'  worth  of 
tlsii;  making  the  duty  one  fourth  of  its  value. 
On  this  basi.s,  the  amount  of  the  <luty  on  the  .salt 
used  on  exiwrti^l  provisions  would  be  near  six 
hundred  thou.sand  dollars.  ;{.  I'.y  comparing 
the  increasing  allowances  for  salt  with  the  de- 
creasing cx|K)rtation  of  fish.  This  test,  for  two 
given  fK.'riod.s,  the  rate  of  allowance  being  the 
same,  would  produce  this  result:  In  the  year 
1821),  three  liundred  and  twenty-one  thou.sand 
four  hundre<l  and  nineteen  quintals  of  dried  fish 
exporte<l,  and  one  hundred  and  ninety-eight 
thou.sand  .seven  hundred  and  twenty-four  dollars 
paid  for  the  commutation  of  tlu'  salt  drawback  : 
in  1828,  two  hunditMl  and  sixty-five  thousand 
two  hundre<l  anil  seventeen  quintals  of  dried  fish 
exported,  and  two  hundred  and  thirty-nine  thou- 
sand one  hundred  and  forty-five  dollars  jjaid  for 
the  commutation.  These  comjiarisons  establish 
the  fact  that  money  is  unlawfully  drawn  from 
the  treasury  by  means  of  these  fishing  allow- 
ances, bottomed  on  the  .salt  duty,  and  that  fact 
is  expressly  stated  bv  the  Secretary  of  the 
Trea.sury  (Mr.  Ingham),  in  his  report  upon  the 
finances,  at  the  commencement  of  the  present 
RC.s.sion  of  Congress.  [Sec  page  eight  of  the  re- 
port.] 

'  (i.  Hecanse  it  ha.-*  become  a  practical  viola- 
tion of  one  of  the  most  equitable  clauses  in  the 
constitution  of  the  United   States — the  clause 


dollarM  per  annum,  and 
ing  interest,  which. 


which  declares  that  dtitie.s,  taxes,  and  excises, 
shall  be  tmiforn.  th.oughout  the  Union.  There 
is  no  uniformity  in  the  oiwration  of  this  tax. 
Far  frcmj  it.  It  empties  the  pockets  of  some, 
and  fills  .iie  pockets  of  others.  It  retiirns  to 
soniu  five  imes  us  raucli  as  they  pay  md  to 
others  't  returns  not  a  cent.  It  gives  to  the 
f  liing  interest  two  hundred  and  fifty  thousand 

*  a  cent  to  the  farni- 
u,.on  the   same   princiiile, 
would  be  entitled  to  six  hundred  thousand  dol- 
lars per  annum. 

"  7.  Beca\ise  this  duty  now  rests  ujion  a  false 
1  ...si.s — a  basis  which  makes  it  the  interest  of 
one  part  of  the  Union  to  keep  it  up,  while  it  is 
the  interest  of  other  parts  to  get  rid  of  it.  It  i.s 
the  interest  of  the  West  to  al>ulish  this  duty:  it 
is  the  interest  of  the  Northeast  to  perpetuate  it. 
The  former  loses  money  by  it ;  the  latter  makes 
money  by  it ;  and  a  tax  that  becomes  a  money- 
nuiking  business  is  a  solecism  of  the  highest 
order  of  absurdity.  Yet  such  is  the  fact.  The 
treasury  records  prove  it,  and  it  will  allbrd  tl-.e 
Northeast  a  brilliant  opportunity  to  manifest 
their  disinterested  affection  to  the  West,  by  giv- 
ing up  their  own  profit  in  this  tax,  to  relieve  the 
^Vest  from  the  burthen  it  imiwses  ujton  her. 

■  8.  IJecause  the  repeal  of  tfic  duty  will  not 
materially  diminish  the  revenue,  nor  delay  the 
extingiiiiihment  of  the  public  debt.  It  is  a  tax 
carrying  money  out  of  the  treasury,  as  well  as 
bring' iig  it  in.  The  i.s.suc  is  two  hundred  and 
lifly  thousand  dollars,  perhaps  the  fidl  amount 
which  accrues  on  the  kind  of  salt  to  which  tho 
abolition  extends.  The  duty,  and  the  fishing 
allowances  bottomed  upon  it.  falling  together  as 
they  did  when  Mr.  Jefferson  was  I*rcsidenl, 
wouhl  probably  leave  the  amount  of  revenue 
unafl'ected. 

"  y.  Because  it  belongs  to  an  unhappy  period 
in  the  history  of  our  government,  and  came  to 
us,  in  its  present  magnitude,  in  company  with 
an  odious  an<l  repudiated  set  of  measures.  Tho 
maximum  of  twenty  cents  a  bushel  on  salt  was 
fixed  in  the  year  '08,  and  was  the  fruit  of  tho 
same  .system  which  produced  the  alien  an<l  sedi- 
tion laws,  the  eight  per  cent,  loans,  the  stamp 
act,  the  black  c(M;kade,  and  the  standing  army  in 
time  of  peace.  It  was  one  of  the  contrivances 
of  that  ili.sastrous  period  for  extorting  money 
from  the  jwople,  for  the  sup|K)rt  of  that  strong 
and  splemlid  government  which  was  then  the 
cherished  vision  of  so  many  exalte<l  heads.  Tho 
reforming  hand  of  Jefferson  overthrew  it.  and  all 
the  sui)crstructure  of  fishing  al..^.vances  v  hich 
was  erected  ujwn  it.  The  exigencies;  of  the  late 
war  caused  it  to  be  revived  for  the  tern)  of  the 
war,  and  the  interest  of  some,  and  the  nef,'lect  of 
others,  have  p(>rmittcd  it  to  contimie  ever  since. 
It  is  now  our  duty  to  sink  it  a  .second  time.  Wo 
profess  to  be  disciples  of  the  Jcflersonian  school ; 
let  IIS  act  up  to  our  profession,  and  complete  the 
task  which  our  master  set  us." 


^l«mi»ftl«KIMWIWIffPIIMItMW«KMIW 


158 


THIRTY  YEARS'  VIEW. 


t\) 


\   I 


CHAPTER    XL  IX. 

BANK  OF  THE  UNITED  STATES. 

It  htm  boon  nlroady  shown  that  Ck-iK-rnl  Jack- 
KOn  ill  his  first  annual  nies.s«};eto  Conpress,  call- 
ed in  qiu'stion  lK)th  the  constitutionality  and 
cxpwlicncy  of  the  national  hank,  in  a  way  to 
show  him  averse  to  the  institution,  and  dis- 
posed to  see  the  federal  povernnient  carried  on 
without  the  aid  of  such  an  assistant.  In  the 
Banic  message  he  submitted  the  (juestion  to  Con- 
gress, that,  if  such  an  institution  is  <loeined  es- 
sential to  the  fi.scal  operations  of  the  govern- 
ment, whether  a  national  one,  founded  upon  the 
cre<lit  of  the  government,  and  its  revenues,  might 
not  be  devised,  which  would  avoid  all  constitu- 
tional difliculties,  and  at  the  same  time  secure  all 
the  advantages  to  the  government  and  country 
that  were  expected  to  result  from  the  present 
bank.  I  was  not  in  Washington  when  this  mes- 
sage was  prepared,  and  had  had  no  conversation 
with  the  President  in  relation  to  a  substitute  for 
the  national  bank,  or  for  the  currency  which  it  fur- 
nished, and  \vhit'h  having  a  general  circulation 
was  better  entitled  to  the  character  of  "  nation- 
al •'  tlian  the  issues  of  the  local  or  State  banks. 
We  knew  each  other's  opinions  on  the  question  of 
a  bank  itself:  but  had  gone  no  further.  I  had 
never  mentioned  to  hini  the  idea  of  reviving  the 
gold  currency — then,  and  for  twenty  years — ex- 
tinct in  the  I'nited  States :  nor  had  I  mentioned 
to  him  the  idea  of  an  indtpcndent  or  sub-trca- 
.sury — that  is  to  say,  a  government  treasury  un- 
connected with  any  bank — and  which  was  to 
have  the  receiving  and  disbursing  of  the  jiuljlic 
moneys.  When  these  ideas  were  mentioned  to 
him,  he  took  them  at  once ;  but  it  was  not  until 
the  Bank  of  the  United  States  should  be  disposed 
of  that  any  thing  could  be  done  on  these  two 
subjects  ;  and  on  the  latter  a  process  had  to  be 
gone  through  in  the  use  of  local  banks  as  depos- 
itories of  the  public  moneys  which  re(iuired  .sev- 
eral years  to  show  its  i.ssue  and  inculcate  its  les- 
son. Though  strong  in  the  confidence  of  the 
people,  the  President  w.as  not  deemed  strong 
enough  to  encounter  all  tlic  banks  of  all  the 
States  at  once.  Temporizing  was  indispensivble 
— and  even  the  conciliation  of  a  part  of  them. 
Hence  the  deposit  system — or  some  years'  use 


of  local  banks  as  fiscal  agents  of  the  govern- 
ment— which  gave  to  the  institutions  so  selected, 
the  invidious  ap|K;llation  of  "'  /W  ha)ikn  ;  "  mean- 
ing that  they  were  government  favorites. 

In  the  mean  time  the  (piestion  which  the  Presi- 
dent had  submitted  to  Congress  in  relation  to  a 
government  fiscal  agent,  was  seize<l  upon  as  an 
admitted  design  to  establisii  a  government  bank 
— stigmatized  at  once  as  a  ''  thousand  times  more 
dangerous  "  than  an  incor|torated  national  bank — 
and  held  up  to  alarm  the  country.  Committees  in 
each  House  of  Congress,  and  all  the  puldic  press 
in  the  interest  of  the  existing  Itaiik  of  the 
United  States,  took  it  up  in  that  sense,  and  vehe- 
mently inveighed  against  it.  Under  an  instruc- 
tion to  the  Finance  Committee  of  the  Senate,  to 
rejiort  upon  a  plan  for  a  uniform  currency,  and 
umler  a  reference  to  the  Committee  of  Ways  and 
Means  of  the  House,  of  that  part  of  the  Presi- 
dent's message  which  related  to  the  bank  and  its 
currency,  most  ample,  elaborate  and  argumenta- 
tive reports  were  made — wholly  repuiliatiiig  all 
the  suggestions  of  the  President,  and  sustaining 
the  actual  Bank  of  the  United  States  under  every 
aspect  of  constitutionality  and  of  exjiediency : 
and  strongly  presenting  it  for  a  renewal  of  its 
charter.  These  reports  were  multiplied  without 
regard  to  expense,  or  numbers,  in  all  the  varie- 
ties of  newspajH-'r  and  pamphlet  publication ; 
and  lauded  to  the  skies  for  their  power  and  ex- 
cellence, and  t'.rimphant  refutation  of  all  the 
President's  op.nioii?.  Thus  was  the  "  war  of  the 
bank "  commenced  at  once,  in  both  IIou.scs  of 
Congress,  and  in  the  public  press  ;  and  oj^nly  at 
the  instance  of  the  bank  itself,  which,  forgetting 
its  position  as  an  institution  of  the  government, 
for  the  convenience  of  the  government,  .';et  itself 
up  for  a  power,  and  struggled  for  a  continued 
existence — in  the  shape  of  a  new  charter— as  a 
question  of  its  own,  and  almost  as  a  light.  It 
allied  itself  at  the  same  time  to  the  jjolitieil  par- 
ty opposed  to  the  President,  joined  in  all  their 
schemes  of  protective  tarifl',  and  nationid  inter- 
nal improvement :  and  became  the  head  of  the 
American  system.  With  its  moneyed  and  politi- 
cal power,  and  numerou.''  interested  afliliations, 
and  its  control  over  other  banks,  brokers  and 
money  dealers,  it  w  as  truly  a  power,  and  a  great 
one:  and,  in  answer  to  a  question  put  by  (Jene- 
ral  Smith,  of  Maryland,  chairman  of  the  Finance 
Committee  of  the  Senate  already  mentionetl  (and 
appended  with  other  questions  and  answers  to 


ANNO  isno.    ANDREW  JACKHON.  PRESinEXT. 


159 


that  report),  Mr.  liiiUIlo,  tlio  prcHitlcnt,  nliowcd 
a  power  in  tho  nationul  Imnk  to  Have,  relievo  or 
destroy  tho  local  banks,  whieh  exhibited  it  as 
their  absolute  maHter  ;  and,  of  courHo  able  to 
control  tlicm  at  will.  The  (pieHtiun  waH  put  in 
a  spirit  of  friendship  to  the  bank,  and  with  a 
view  to  enable  it8  president  to  exhibit  the  insti- 
tution as  great,  just  and  beneficent.  The  ques- 
tion waj»:  "  lias  the  hitnkatauytime  opprcanvil 
any  uf  the  Stale  bunkH?"  and  the  answer: 
''  Never."  And,  as  if  that  was  not  enouf^h,  Mr. 
Biddlo  went  on  to  say :  ^^  There  are  very  few 
banks  vhich  might  not  have  heen  destroyed  by 
an  exertion  of  the  power  if  the  bunk.  Xone 
have  been  injured.  Many  have  been  saved. 
And  more  have  been,  and  are  constaiUly  re- 
lieved^ when  it  is  found  that  they  are  solvent 
but  are  suffering  under  temporary  difficulty.^'' 
This  was  proving  entirely  too  much.  A  power 
to  injure  and  destroy — to  relieve  and  to  save  the 
thousand  banks  oi  all  the  States  and  Territories 
was  a  power  over  the  business  and  fortunes  of 
nearly  all  the  people  of  those  States  and  Terri- 
tories :  and  might  bo  used  for  evil  as  well  as  fur 
good  ;  and  was  a  power  entirely  too  large  to  be 
trusted  to  any  man,  with  a  heiut  in  his  bosom — 
or  to  any  government,  responsible  to  the  jn'ople ; 
much  less  to  a  corporation  without  a  soul,  and 
irresponsible  to  heaven  or  earth.  This  was  a 
view  of  tho  case  which  the  parties  to  the  ques- 
tiou  had  not  foreseen ;  but  which  was  noted  at 
the  time  ;  and  wliich,  in  the  progress  of  the  gov- 
ernment struggle  with  tho  bank,  received  exein- 
plilications  which  will  bo  remembered  by  the 
generation  of  that  day  while  memory  lasts ; 
and  afterwards  known  as  long  as  history  has 
power  to  transmit  to  posterity  th  !inowledge 
of  national  calamities. 


CHAPTER     L. 

EEMOVALS  FKOM  OlFICE. 

I  AM  led  to  give  a  particular  examination  of 
this  head,  from  the  great  error  into  which  Tocque- 
ville  has  fallen  in  relation  to  it,  and  which  he  has 
propagated  throughout  Europe  to  the  prejudice  of 
republican  government ;  and  also,  because  the 
power  itself  is  not  generally  understood  amotig 


oiirselves  as  laid  down  by  Mr.  Jefferson  ;  and 
has  been  sometimes  abuse«i,  and  by  each  party, 
but  never  to  tho  degreo  Hup|>o8ed  by  Mens,  de 
To<-queville.  He  soys,  in  his  chapter  8  on  Amer- 
ican democracy :  '•  Mr.  Qiiincy  Adams,  on  his 
entry  into  office,  discharged  the  majority  of  tho 
individuals  who  had  been  ap|)<)inted  by  his  pre- 
decessor ;  and  I  nm  not  awaro  that  Oencral 
Jackson  allowed  a  single  removable  functionary 
employed  in  the  public  service  to  retain  his  place 
beyond  tho  first  year  which  Huccee<led  his  elec- 
tion." Of  course,  all  these  imputed  sweeping  re- 
movals were  intended  to  be  understoo<l  to  have 
been  made  on  account  of  party  politics — for  dif- 
ference of  |)oliticaI  opinion — and  not  fur  miscon- 
duct, or  unfitness  for  offlco.  To  these  classes  of 
removal  (tmfitnessand  misconduct),  there  could 
be  no  objection :  on  tho  contrary,  it  would  have 
been  misconduct  in  tho  President  not  to  have  re- 
moved in  such  cases.  Of  political  removals,  for 
difference  of  opinion,  then,  it  only  remains  to 
siwak ;  and  of  those  oflicials  appointed  by  his 
predecessor,  ii,  is  probable  that  Mr.  Adums  did 
not  remove  one  for  political  cause  :  and  that  M. 
de  Tocqueville,  with  reajject  to  him,  is  wrong  to 
tho  whole  amount  of  his  assertion. 

I  was  a  dose  observer  of  Mr.  AdaiuAi  admin- 
istration, and  belonged  to  the  op{)osition,  which 
was  then  keen  and  powerful,  and  permittetl  no- 
thing to  escape  which  cmM  be  rightfully  (some- 
times wrongfully)  employed  against  him  ;  yet  I 
never  heard  of  this  accusation,  and  have  no 
knowledge  or  recollection  at  this  time  of  a  sin- 
gle instance  on  which  it  coidd  be  founded.  Mr. 
Adams's  administration  was  not  a  case,  in  fact,  in 
whicii  such  removal.-! — f<ir  diflerence  of  political 
opinion — coidd  occur.  They  only  take  place 
when  the  presidential  election  is  a  revolution  of 
parties ;  and  tlmt  was  not  the  cose  when  Mr. 
Adams  succeeded  Mr.  Monroe.  He  belonged  to 
the  Monroe  adniini-stration,  had  occupied  the 
first  place  in  the  cabinet  during  its  whole  double 
term  of  eight  years  ;  and  of  course,  stood  in  con- 
currence with,  and  not  in  opposition  to,  Mr.  Mon- 
roe's appointments.  Besides,  party  lines  were 
confused,  and  nearly  obliterated  at  that  time.  It 
was  called  ''  the  era  of  good  feeling."  Mr.  Ad- 
ams was  himself  an  illustration  of  that  feeling, 
lie  had  been  of  the  federal  parly — brought  ear- 
ly into  public  life  as  such — a  minister  abroad  and 
a  senator  at  home  as  such ;  but  having  divided 
fi  om  his  party  in  giving  support  to  several  prom- 


ML 


\%, 


160 


TlllUTY  YEiVnS'  VIKW. 


:5t' 


Incut  mcoHiircN  of  Mr.  JeniTKon's  wlrninistratlon, 
hu  was  afliTwanlH  Hcvcral  tiincH  noininuted  liy 
Mr.  .Ma(liN4)ii  an  minhxter  abrond ;  and  on  tlio 
election  of  Mr.  Monroe  ho  was  invited  from 
London  to  bo  nindo  his  Sifretary  of  St.ite — wlierc 
he  remained  till  liis  own  election  to  the  Presidi-n- 
C)'.  There  wa«,  tlien,  no  case  prt'sented  to  liim 
for  political  removals ;  and  in  fact  none  Riich 
were  made  by  him  ;  so  that  the  accusation  of  M. 
duTocquovillc,KO  fitras  it  i.:)plied  to  Mr.  Adams,  is 
wholly  erronootis,  and  inexcnsably  careU>M.s. 

With  resjKsct  to  Oeneral  Jackson,  it  i«  nbont 
equally  so  in  the  main  assertion — the  aw.sertion 
that  ho  did  not  allow  a  sin^^le  removable  func- 
tionary to  remain  in  ofTlco  beyond  the  (Irst  year 
after  his  eUrtion.  On  the  c«)ntrary,  there  were 
entiro  clashes — nil  those  whose  functions  j)artook 
of  the  Judicial — which  he  never  touched.  Boards 
of  connnissiuners  for  adjudicating  land  titles; 
commissioners  for  adjtidicating  claims  under 
indenuiity  treaties;  judges  of  the  territorial 
courts ;  Justices  of  the  District  of  Columbia ; 
none  of  these  were  touched,  cither  in  the  lirst  or 
in  any  subsequent  year  of  his  administration, 
except  a  solitary  judge  in  one  of  the  territories  ; 
and  he  not  for  political  cause,  but  on  sin-cific 
complaint,  and  after  Uiking  the  written  and  re- 
sponsible opinion  of  the  then  Attorney  General, 
Mr.  Grundy.  Of  the  seventeen  diplomatic  fur" 
tionaries  abroad,  only  four  (three  ministers  a'ld 
one  charge  des  atlaires)  were  recalletl  in  the  first 
year  of  his  administration.  In  the  departments 
at  Washington,  a  majority  of  the  incundK>nts  re- 
mained opposed  to  him  during  liis  administration. 
Of  the  n^ar  eijrht  thousand  deputy  jMstmastcrs 
in  the  United  States,  precisely  four  hundred  and 
ninety-one  w<'re  removed  in  the  time  mentioned 
by  Mons.  de  Tocquevilh',  and  they  for  all  causes 
— for  every  variety  of  causes.  Of  the  whole 
number  of  removable  officials,  amounting  to 
many  thousands,  the  totality  of  rcmoval.s  was 
about  six  hundred  and  ninety  and  they  for  all 
causes.  Thus  the  government  archives  contra- 
dict Mons.  de  Tocfiuevillo,  and  vindicate  General 
Jackson's  administration  from  the  reproach  cast 
upon  it.  Yet  he  came  into  office  under  circum- 
stances well  calculated  to  excite  him  to  make  rc- 
movals.  In  the  first  place,  none  of  his  ])olitical 
friends,  though  constituting  a  great  majority  of 
the  people  of  the  United  States,  had  been  ap- 
pointed to  office  during  the  preceding  administra- 
tion ;  and  such  an  exclusion  could  not  be  justifled 


on  any  consideration.  Ilia  election  was,  in  snnie 
degree,  a  revolution  of  jiarlies,  oi  rather  a  re-estab- 
lishment of  parties  on  the  old  lino  of  federal  and 
democratic.  It  was  a  change  of  administration, 
in  which  a  change  of  government  funclionaricx, 
to  some  extent,  t)ccame  a  right  and  a  duty  ;  but 
still  the  removals  actually  made,  when  political, 
were  not  merely  for  opinions,  but  for  conduct 
imder  these  opinions ;  and,  imhnppily,  there  wa« 
conduct  enough  in  too  many  ofHciala  to  Justify 
their  removal.  A  large  projwrtion  of  them,  in- 
cluding all  the  new  ap|ii)iutments,  were  inimical 
to  General  Jackson,  and  tlivided  against  him  on 
the  re-establishment  of  the  old  ])nrty  lines ;  and 
many  of  them  actively.  Mt,  t^lay,  holding  the 
first  place  in  Mr.  Adams's  cabinet,  took  the  field 
against  him,  travelled  into  diU'erent  States,  do- 
claimed  against  him  at  public  meeting.^ ;  and  de- 
precated his  election  ns  the  greatest  of  calam- 
ities. The  snbonlinates  of  the  government,  to  a 
great  degree,  followed  his  example,  if  not  in 
public  speeches,  at  least  in  public  talk  and  news- 
paper articles ;  and  it  was  notorious  that  these 
subordinates  were  active  in  the  presidental  elec- 
tion. It  was  a  great  error  in  them.  It  chang- 
ed their  |)osition.  By  their  position  all  admin- 
istrations were  the  same  to  them.  Their  duties 
were  ministerial,  and  the  same  under  all  Presi- 
dents. They  wire  noncombatants.  By  engag- 
ing in  the  election  they  became  combatant,  and 
subjected  themselves  to  the  law  of  victory  and 
defeat — n-ward  and  promotion  in  one  case,  loss 
of  place  in  the  other.  General  Jack.son,  then, 
on  his  accession  to  the  Presidency,  was  in  a  now 
situation  with  resiHJct  to  jiartiis,  dillipMit  fn.m 
that  of  any  President  since  the  time  of  Xn:  -uf- 
ferson,  whom  he  took  for  his  model,  and  whoso 
rule  he  followwl.  He  made  many  removals,  and 
for  cause,  but  not  so  many  as  not  to  leave  a  ma- 
jority in  office  against  him — even  in  the  execu- 
tive departments  in  Washington  City. 

Mr.  Jcfrer.son  hud  early  and  anxiously  studied 
the  question  of  removals.  lie  was  the  lirst 
President  that  had  occasion  to  make  them,  ami 
with  him  the  occasion  was  urgent.  His  elect  ion 
was  a  complete  revolution  of  jiarties,  and  when 
elected,  ho  found  himself  to  be  almost  the  only 
man  of  his  party  in  oflicc.  The  democracy  had 
been  totally  excluded  from  federal  appointment 
during  the  administration  of  his  predecessor ;  al- 
most all  offices  were  in  the  hands  of  his  i)oliti- 
cal  foes.    I  recollect  to  have  heard  an  officer  of 


ANNO  1830.    ANDREW  JACKSON,  PREHIDENT. 


161 


tho  nnny  sny  that  there  woh  l»ut  one  field  offlcer 
in  tho  service  fuvurahio  to  him.  This  woh  the 
ty|H)  of  the  civil  wrvice.  JiiHtico  to  hiniHclf  and 
IiIh  piirty  n-riuircd  tliin  state  of  thlnKN  to  bo  al- 
tcnvl ;  rifniiic'd  liis  friends  to  hnvo  a  Hharo  [iro- 
|H>rti(Mi:tt(>  to  tlieir  iitiiulHirs  in  the  distribution  of 
ollicu ;  and  reiiuircd  him  to  havu  tlio  assistnnco 
of  Ills  frii'iids  in  the  administration  of  tlie  i^overn- 
ment.  The  four  years'  limitation  law — tho  law 
which  now  viieates  within  tho  cycio  of  every 
presidontjjil  term  tho  ^reat  mas8  of  the  ofHccH 
— was  not  thin  in  force.  UesiKnations  then,  as 
now,  were  few.  Removals  were  mdisi)en8ablo, 
and  the  only  ((uestion  was  tho  principle  upon 
which  they  sliould  be  made.  This  question, 
Mr.  Jeilerson  studied  anxiously,  and  under  all 
its  aspects  of  principle  and  policy,  of  national 
and  of  |):ii'ty  duty ;  and  upon  consultation  with 
his  friends,  settled  it  to  his  and  their  satisfaction. 
The  fundamental  principle  was,  that  each  party 
was  to  have  a  share  in  tho  ministerial  oilioeH, 
the  control  of  each  branch  of  tho  service  being 
in  the  ha.'ids  of  the  administration ;  that  removals 
were  on\j  (o  be  made  for  cause ;  and,  of  course, 
tliat  there  shoidd  be  inquiry  into  tho  truth  of 
imputed  di'lin<mencies.  "  Official  misconduct," 
" person il  misconduct,"  "negligence,"  "inca- 
pacity, "  ■'  inherent  vice  in  tho  apimintmcnt, " 
"  jjurtisan  elertioncering  beyond  tho  fair  exercise 
of  (lie  elci'tive  franchise ; "  and  where  "  the  heads 
of  some  brniu'hes  of  tho  service  were  politically 
opposed  to  his  administration " — these,  with  Mr. 
.Iel!(TS')ii.  constituted  the  law  of  removals,  and 
was  so  written  down  by  him  immediately  after 
his  iuaunuration.  Thus,  March  7th,  1801 — only 
four  days  after  his  induction  into  office — he 
wrote  to  Mr.  Monroo : 

"Some  removals,  I  know,  must  bo  made. 
Tliey  iiiusl  l>e  is  few  as  possible,  done  gradual- 
ly, and  liottomed  on  some  malversation,  or  in- 
liereiit  disiiualillcation.  Where  we  should  draw 
till'  line  l»it ween  retaining  all  and  none,  is  not 
yit  setllcl,  and  will  not  be  imtil  we  get  our  ad- 
ministration together;  and,  perhaps,  even  then 
wc  shall  proc'odi)  tatuna.  balancing  our  mea-sures 
according  to  the  impression  we  perceive  them  to 
make. " 

On  the  2".d  of  March,  1801,  being  still  in  the 
first  month  of  his  administration.  Mr.  Jefferson 
wrote  thus  to  Gov.  Gile.s,  of  Virginia : 

"(iood  men.  to  whom  there  is  nooljection  but 
» (liU'en-nce  ol'itoliticil  opinion,  praetisedon  only 
•0  far  as  the  light  of  a  private  citizen  will  justi- 

Vol.  1.— U 


1\',  are  not  projwr  subjeofs  of  removal,  except  In 
the  case  of  aKorneys  and  marshals.  1'he  courtH 
l)eing  so  «leeidedly  ftnloral  and  irremovable,  it  Ih 
)H>lievo<l  that  rcpublirun  attorneys  and  marshals, 
l)eing  tho  doors  of  entrance  into  the  courts,  aro 
indis|M>nsably  necessary  ns  a  shielil  to  tho  repub- 
lican part  of  our  fellow-citizens ;  which,  I  believe, 
is  tho  main  body  of  the  |)eople.  " 

Six  days  after,  ho  wrote  to  Elbridgo  Ocrry, 
afterwards  Vice-President,  thus : 

"  Mr.  Adams'g  last  appointments,  when  he  kn»w 
ho  was  appointing  couiiHellors  and  aitls  for  mo,  not 
for  himsi'lf,  I  set  aside  as  fast  as  de]M>ndM  on  m«. 
Officers  who  have  been  guilty  of  gn)ss  abuse  of 
office,  such  as  marshals  ]))U'king  juries,  &c.,  I 
shall  now  remove,  as  mv  preilccessors  ought  in 
justice  to  have  ilonc.  'i  ho  instances  will  be  few, 
and  governed  by  strict  rule,  and  not  party  pas- 
sion. Tho  right  of  opinion  shall  suffer  no  inva- 
sion from  mo.  Those  who  have  acted  well  have 
nothing  to  fear,  however  they  may  have  differwl 
from  mo  in  opinion :  those  who  have  done  ill, 
however,  have  nothing  to  ho|to ;  nor  shall  1  fail 
to  do  justice,  lest  it  should  Ijc  aiicribed  to  that 
differenco  of  opinion. " 

To  Mr.  Lincoln,  his  Attorney-General,  atill 
writing  in  the  first  year  of  his  administration,  ho 
says: 

"  T  still  think  our  original  idea  as  to  office  is 
liest;  that  i.s,  to  depend,  for  obtaining  a  just  par- 
ticipation, on  deaths,  resignations  and  delin(|uen- 
cies.  This  will  lca.st  affect  the  tran(|uillity  of  tho 
{icople,  and  prevent  their  giving  into  the  sugges- 
tion of  our  enemies — that  ours  has  Ijoeii  a  contest 
for  office,  not  for  principle.  This  is  rather  a  slow 
operation,  but  it  is  sure,  if  we  pursue  it  steadily, 
which,  however,  has  not  been  done  with  the  iin- 
deviating  resolution  I  could  have  wished.  To 
these  means  of  obtaining  a  just  .share  in  tho 
transaction  of  tho  public  business,  shall  be  added 
one  more,  to  wit,  removal  for  electioneering  ac- 
tivity, or  open  and  industrious  opposition  to  the 
principles  of  the  present  government,  legislative 
and  executive.  Every  officer  of  the  governmiiit 
may  vote  at  elections  according  to  his  cou.science ; 
but  we  should  betray  the  cause  committed  to  our 
c»'  ',  were  we  to  permit  the  influence  of  official 
pai  mage  to  be  used  to  overthrow  that  cause. 
Youi  present  situation  will  enable  you  to  judge 
of  prominent  otlen«lers  in  your  State  in  the  ca.so 
of  the  1  resent  election.  I  pray  you  to  seek  them, 
to  mark  them,  to  bo  quite  sure  of  your  ground, 
that  wo  may  commit  no  errors  or  wrongs ;  and 
leave  the  rest  to  me.  I  have  been  urge«l  to  remove 
Jlr.  Whittemore,  the  surveyor  of  (iloucester,  on 
grounds  of  neglect  of  duty  and  industrious  opjjo- 
sition ;  j'et  no  facts  are  so  distinctly  charged  a.s 
to  make  the  step  sure  which  we  should  take  in, 
this.  Will  you  take  the  trouble  to  satisfy  your- 
self on  the  iMjint  ?  " 

Tikis  was  the  law  of  removals  as  kid  down  bj^ 


162 


TniRTY  YEARS'  VIEW. 


II 


■« 


|y 


i 


Mr.  JefTcrson,  ami  piv-'tiswl  ujxjn  by  liim,  but  tbcir  bn-nd.  not  borniisc  tlioy  bnd  nopIuotoH  tlicir 

not  to  the  extent  tlmt  Iiis  |)riiici|»lc  reiiniied,  or  «bities.  not  U'cuiise  tliey  lm<l  taken  nn  active  part 

timt  public  outcry  in(bcate<I.  He  told  n.e  liiin-  ,''»-"'"'*^  Vm  "'"V'*^'>'.'  '"'l  «n^»Iy  »H;cause  the) 
„  ir  11  1  ,.  1  •  1  »i  //ii  •  .  ,n«iv  liiKl  owed  they  situations  to  ^:olue  (whii;)  noble- 
self,  not  louK  before  bis  <leath  (Christmas.  1 821 ),  ,„„„  ,,|,„  „.  J  „j,„j,„,,  „^,.  ,^.„,.,..    V,-,,,  *" 


»  ■        —    /?     iiiiiM  n  iM>  niiM  ii^iiiiiM<    iiiu  |n'ure.       i  lie  ..  >. 

that  he  had  never  done  justice  to  his  own  par'y  lion  extended  to  tidewaiten;,  to  doorkeejH'rR. 
—had  never  piven  them  the  sliare  of  oflice  to    <>"^' |'«"'"Uian,  (o  whonni  iiensionhiullH'tnKiven 

which  (here  numbers  entitlcl  then.-  -lia.1  fniled  I"'  'l'"  »;»''"<'••■>'  '"  "  W  V}^'  f^'ji'iPKl^rs,  was 
•     „.  ,        ,  1     ..    ,    ^       ,     ,  deprived  of  It  because  be  had  been  iK'friended  bv 

to  remove  many  who  .lescrved  r».  b.,t  who  n,',  („.,,ij,)  p,,,,,.  „f  ,j,„n„„.  An  a^v-d  widow- 
were  spared  throujih  the  intercession  of  friends  who,  on  account  of  her  husbanil's  services  in  (lie 
and  concern  for  their  distressed  families.     (Seiie- ,  navy,  had,  many  years  before,  Ik-cu  inaile  hoiise- 

rnl  Jackson  acted  uinm  the  rule  of  .Mr.  Jeflerson,  ,  H'*'!'''!' '"  "  P"*'''*^  "'"*"^''  ""«  •l«'*nHssed  from  her 
K..f  ~«  .1    .1  *  ft         •  I    1  •  .     1        I  Situation  because   she  was  distan'lv  connected 

but  no  do,btwa.s  often  mislcl  mto  departures    by  maniafev  with  the  (whi^)  Cavendish  fanSly;'' 


from  the  rule;  but  never  to  (he  extent  of  piviiip 
to  the  party  more  '.Iian  their  due  proisc;  lion  of 
odlce,  according  to  their  numbi>rs.  Great  cla- 
mor was  raise*]  apainst  him,  and  the  number  of 
80-c:illed  ■'  removals '"  was  swelksl  by  uu  abuse 
of  the  term,  every  case  bein{;  prucli'iined  a  "  re- 
moval, "  wlK're  he  refused  to  n>ap|)uint  an  ex- 
incumbent  whose  tc,  in  had  expired  under  the 
four  rears'  limitation  atL  Tar  from  universal 
rcnw'vals  for  opinion's  sake,  Geic  ral  Jackson,  as 
I  have  already  said,  left  the  majoiity  of  his  op- 
ponents  in  oHice,  and  rc-apiM)inted  many  such 


family. 

This,  to  bo  sure,  was  a  tory  proscription  of 
wlii{;s,  and  therefoi  e  the  less  recommemlable  as 
an  example  to  either  party  in  the  Tnite^l  States, 
l»ut  (<M)  much  followed  by  Iwith — to  (he  injury 
of  indiiiiliials,  the  damaRC  of  the  public  seivire 
the  corruption  of  clwtions,  and  (he  degradation 
of  poveniment.  I)c  'roc(|iievilli'  quotes  removals 
as  a  reproach  lo  our  govenimcnt,  and  allliough 
iiiitrue  to  the  extent  he  n'presentcd.  the  evil  has 
lK>come  worse  sinw,  and  is  true  to  a  sulllcient 
e\tent  to  deniiind  reform.     The  remodv  is  loiind 


whose  teim-i  had  expired,  and  who  had  approve<i    in  Mr.  JelK'rson's  rule,  and  in   the  four  veais' 
tluinselves  fiilhful  odicers.  '  limitation  act  which  has  siiuv  been  passcil;  and 

Ilaviiij;  viiulicated  (icneral  Jack.xcm  and  Mr.  under  whi<'h,  with  removals  for  cause,  and  soiim 
.A«lams  from  the  reproju'h  of  >Ions.  de  Toccpie-  ,  <leallis,  and  a  few  res ifjnat ions,  an  ample  Held 
Tillo,  and  havinj;  shown  that  it  was  neither  u  |  would  be  found  for  new  appoinlineiits.  without 
principle  nor  a  practice  of  the  Jcireison  school  ,  the  harshness  of  general  and  sweeping  rciiioval.s. 
lO  icmove  oflieeiH  for  {loliticul  opinion.s.  I  now  I  Pousi<ler '•  sweejiing"  removals,  as  now  |)rao- 
fwl  loiind  to  make  the  declaration,  that  liu  <ioc-  j  tise«l  by  both  parties,  a  great  political  evil  in  our 
trine  of  that  school  has  been  too  much  departed  country,  injurious  to  individuals,  to  (he  public 
from  of  late,  and  by  lH)th  parties,  mid  to  the  great  servici-,  (o  the  purity  of  ele«-t!o,is,  and  (o  the 
letrinant  of  the  right  and  proper  working  of  the  !  Iiarmony  and  union  t>f  the  people.  Certainly, 
foveriinieiit.  no  individual  has  a  right  to  an  ofllce ;  no  one 

lie  |)r!u(ice  of  rcmova's  for  opinion's  sake  is  has  t;n  estate  or  pnijK'rly  in  a  pu>>lic  employ- 
©woniing  too  common,  and  is  reducing  our  pre-  ment ;  but  when  a  ineiv  miiii.-,terial  worker  in  a 
tiideiitial  elections  to  what  .Mr.  Jell'erson  depre-  ,  subonliiiate  station  has  learned  its  duties  by  cx- 
CJted,  "  A  contest  of  oflice  instead  of  priiicijile,  "  pei  ience,  and  approveil  his  lldelity  by  his  con- 
a.ul  converting  tiie  victories  of  eacJi  l»arty,  so  ftu'  duct,  it  is  an  injury  to  the  public  service  to  ex- 
as  ollice  is  concerned,  into  the  |icditical  exieriiii-  change  him  i'or  a  novice,  whose  only  title  to  the 
nation  of  the  other;  um  it  wiu  in  G rent  lb itiiiii  |  place  may  l>e  a  |)olilicul  badge  or  a  partisan 
between  the  whi;;s  and  tories  in  the  bitter  con- I  service.  It  is  exi-hangiiig  exiH'iience  for  iiiexpe- 
tests  of  one  hundred  years  ago.  and  when  the  ,  liiiice,  tricil  ability  for  untried,  ami  ilestroying 
\ictor  made  a  "clean  sweep''  of  (he  viui.|uished,  ,  incentive  to  gooil  conduct  by  destroyuig  its  tv- 
Icaving  not  a  Wieck  behind.     .Mr.  Abiciuilay  thus  ,  ward.     To  tlio  party  displaced  it  is  an  injur, 

having  become  a  prolicieiit  in  that  business,  ex- 
pecting to  remain  in  it  during  gotxl  behavior,  aiiti 


<le.*ribes  one  of  those  "  sweepings 

"  A  pn  sfciitioii,  such  as  Imd  never  been  known 


t      1 


i...f......  .....1  1...  .........  I     ..1........     :  I-     1  linding  it  dilliciilt,  at  an  advanced  age,  and  with 

iK'ItM'c,  ami  lia<  never  i)een  known  since,  raged  in  |  "  '  "  ' 

every  public  department,     (iieat   numbers  of  i  lix'd  habits,  to  begin  a  new  caiwr  in  some  new 
liuiuUlc  and  laborious  clerks  weru  deprived  of  i  wulk  of  life.     It  converts  vleclionH  into  Dcram* 


ANNO  1830.    ANDREW  JACKSON,  PRESIDENT. 


163 


bk'8  for  office,  nnd  (1egrul'.'s  the  government  into 
an  office  fur  rewards  and  ^niniKhnientH ;  and  di- 
vides tlie  jjcoplc  of  the  Union  into  two  lulverse 
parties— em-li  in  its  tnrn,  nnd  as  it  becomes  dom- 
inant; to  strip  and  proscribe  the  other. 

Our  povennuunt  is  n  Union.  Wo  want  n 
uniteil  pcitp/f.  a.«»  well  as  united  iS/a/fj*— united 
for  benefits  as  well  as  for  burdens,  and  in  feeling 
as  well  us  in  compact ;  and  this  cannot  bo  while 
one  half  (each  in  its  turn)  excludes  the  other 
fmui  nil  share  in  the  administration  of  the  gov- 
ernment. .Mr.  .leflerson's  principle  is  perfect, 
nnd  ivconciled  public  and  private  interest  with 
party  rights  and  duties.  The  parly  in  jwwer  is 
resjKinsible  for  the  well-working  of  the  govern- 
ment, and  has  a  right,  and  is  bound  by  duty  to 
itself,  to  place  its  friends  at  (he  hea<l  of  the  dif- 
ferent branches  of  the  pi'ldic  service.  After 
that.  an<I  in  the  sulMirdinate  places,  the  ofijMsite 
party  should  have  its  share  of  employment ;  and 
this  Mr.  .leirerson's  principle  gives  to  it.  But 
us  there  are  offices  too  subordinate  for  parly 
proscription,  so  there  are  others  too  elevatd  and 
national  for  it.  This  is  now  acknowledged  in 
the  army  ami  navy,  and  formerly  wits  acknow- 
ledged in  the  diplomatic  department ;  and  should 
be  again.  To  foreign  nations  we  .should,  at  least, 
be  one  |K'oplo— an  undivided  people,  and  that  in 
jH'ace  as  well  as  in  war.  Mr.  .lefferson's  prin- 
viple  reached  this  case,  and  he  acte<l  upon  it. 
His  election  was  not  a  signal  gini,  fired  for  the 
recall  of  all  the  ministers  abroad,  to  lie  succee<le<l 
incontinently  by  partisans  of  its  own.  Mr.  Uu- 
fiis  King,  the  most  eminent  of  the  fedend  minis- 
ters abroad,  anil  at  the  most  eminent  court  of 
Kuro|)e,  that  of  St.  James,  remained  at  his  post 
for  two  years  after  the  revolution  of  parties  in 
IHOO;  ami  until  he  n'<iiu'sted  his  own  rwall, 
treated  all  the  while  with  respect  and  conddeiice, 
and  intrusti-il  with  a  negotiation  which  he  con- 
ducted to  its  conclusion.  Our  early  diplomatic 
jHilicy,  eschewing  all  foreign  entanglement,  re- 
jecle;!  the  office  of  ''luin'ster  resident."  That 
early  repiddican  policy  would  have  no  perma- 
nent representation  n»  foreign  courts.  The  "en- 
voy extraordiiuiry  anil  minister  plenipotentiary," 
calliil  out  on  an  emergent  occasion,  and  to  return 
Iioiiu'  as  soon  as  the  eincrgency  was  over,  was 
the  enly  minister  known  to  our  early  history  ;  and 
llien  the  mission  was  usually  a  mixed  one,  com- 
[Kisetl  of  both  parlies.  And  so  it  should  be 
iijj'ain.     The  present  iK-rnuuient  supply  nnd  \k'V- 


pctunl  Kucccs.«ion  of  "  envoys  extraordinary  and 
ministers  pleni]>otentinry  "  is  a  fraud  u|)on  tho 
name,  and  a  breach  of  the  old  ))olicy  of  the  gov 
crnmcnt,  nnd  a  hitching  on  American  diploninry 
to  the  tail  of  the  diplomncy  of  Euroiic.  It  is  tho 
actual  keeping  up  of '- ministers  resident"  under 
a  fulso  name,  and  contrary  to  a  wise  and  vener 
able  policy ;  and  requires  tho  reform  hand  of 
tho  House  of  llepresentntives.  But  this  point 
will  require  a  chapter  of  its  own,  and  its  elucida- 
tion nuist  bo  adjoarned  to  another  and  a  separate 
place. 

Mons.  do  Tocqucvillc  was  right  in  the  princi- 
ple of  his  reproach,  wrong  in  the  extent  of  his 
application,  but  would  have  been  less  wrong  if 
he  had  written  of  events  a  dozen  years  later.  I 
deprecate  the  effi.'ct  of  such  swcejiing  removals 
at  each  revolution  of  parlies,  and  believe  it  in 
having  a  deplorable  elfect  both  n|)on  the  purity 
of  elwlions  and  the  distribution  of  office,  and 
taking  1x)th  out  of  the  hands  of  the  i>eople,  and 
throwing  the  management  of  one  and  the  en- 
joyment of  the  other  into  most  unlit  hands.  I 
consider  it  as  working  u  deleterious  change  in 
the  government,  making  it  what  Mr.  .leH'erson 
feared :  and  being  a  disciple  of  his  school,  and 
believing  in  the  soundness  and  nationality  of  tho 
rule  which  he  laid  down,  I  deem  it  gooil  to  re- 
call it  solemnly  to  public  recollection — for  tho 
profit,  and  liope,  of  present  and  of  future  times 


CIIAPTKll    LI. 

INDIAN  BOVKUKIONTIKH  WITHIN  THE  STATES. 

\  roi.iTtCAi,  movement  on  the  part  of  some  of 
the  southern  tribes  of  Iiiiiun.s,  brought  up  anew 
questii  u  between  the  States  and  those  Indians, 
whii'li  called  fi>r  the  interposition  of  the  feikral 
goverinuent.  Though  still  called  Indians,  their 
piimitive  and  equal  governnunt  had  lost  ittt 
I'lirin,  and  had  become  an  oligarchy,  governed 
chiefly  by  a  few  white  men.  called  half-brei>ds, 
because  there  was  n  tincture  of  Indian  blood  in 
their  veins.  These,  in  some  instances,  snt  up 
goveinnuMits  within  the  .States,  and  claimed  sov- 
ereignty and  doniini'tn  within  their  limits.  Tho 
States  resisted  this  dauu  and  extended  their  lawa 
nnd  jurisdiction  over  them.     Thu  federal  govern* 


p.' II  m 


164 


THIRTY  YEARS'  VIEW. 


BV'i 


'»  ■» 


nicnt  was  apiwalcd  to ;  and  at  the  commence- 
ment of  the  session  of  182Q-'30,  in  liis  iirst  an- 
nual message,  President  Jackson  brought  the 
subject  before  the  two  Houses  of  Congress, 
thus : 

"  The  condition  and  ulterior  destiny  of  the 
Indian  tribes  within  the  limits  of  some  of  our 
States,  have  become  obj-nits  of  much  interest  and 
importance.  It  has  long  been  the  policy  of  gov- 
ernment to  introduce  amonp  them  the  arts  of 
civilization,  in  the  hope  of  gradually  reclaiming 
them  from  a  wandering  li!e.  This  policy  has, 
however,  been  coupled  with  another,  wholly  in- 
compatible with  its  success.  Professing  a  de- 
sire to  civilize  and  settle  them,  wc  have,  at  the 
same  time,  lost  no  opportimity  to  purchase  their 
lands  and  thrust  them  further  into  the  wilder- 
ness. By  this  means  they  have  not  only  been 
kept  in  a  wandering  state,  but  been  led  to  look 
nt)on  us  as  unjust,  and  inditl'erent  to  their  fate. 
Thus,  though  lavish  in  its  ex|)enditur<38  ujwn  the 
subject,  government  has  constantly  defeated  its 
own  jwlicy,  and  the  Indians,  in  general,  reced- 
ing further  and  further  to  the  West,  have  re- 
tained their  savage  habits.  A  |)ortion,  however, 
of  the  southern  tribes,  having  mingled  much 
with  the  whites,  and  made  some  progress  in  the 
arts  of  civilizc<l  life,  have  lately  attempted  to 
erect  an  independent  government  within  the  lim- 
its of  Georgia  and  Alabama.  These  States, 
claiming  to  be  the  only  sovereigns  within  their 
territories,  e.\ten(le<l  their  laws  over  the  Indians ; 
wiiich  induced  tlio  latter  to  ciill  upon  the  United 
States  for  protection. 

"  I'nder  these  circumstances,  the  question  pre- 
sentwl  was,  whether  the  general  government  had 
a  right  to  sustain  those  people  in  their  preten- 
sions ?  The  constitution  declares,  that  "  no 
new  States  shall  J>e  formed  or  erected  within  the 
jurisdiction  of  any  other  State,"  without  the 
consent  of  its  legislature.  If  the  general  gov- 
ernment is  not  permitted  to  tolerate  tlie  erection 
of  a  confederate  State  within  the  territory  of 
one  of  the  meml)ers  of  this  Union,  against  her 
consent,  much  les.s  could  it  allow  a  foreign  and 
indi'iK'ndent  government  to  establish  itself  there, 
(iiorgia  became  u  member  of  the  confetleracy 
which  eventuated  in  our  fwleral  union,  its  a  .sov- 
ereign State,  always  a.sserting  her  claim  to  cer- 
tain limits ;  which,  having  bet.ii  originally  de- 
lined  in  her  colonial  charter,  and  subseriuently 
recognized  in  the  treaty  of  peace,  slie  has  ever 
since  continued  to  enjoy,  except  us  they  have 
been  circumscribed  by  her  own  voluntary  trans- 
ft'r  of  a  i)ortion  of  her  territory  to  the  Unite<l 
States,  in  the  articles  of  cession  of  1802.  Ala- 
bama was  admittisl  into  the  Union  on  the  same 
footing  with  the  original  States,  with  boinida- 
rics  w  hic'.i  were  presci  ihe<l  by  Congress.  There 
is  no  constitutional,  conventional,  or  legal  pro- 
vision, which  allows  them  less  |W)wer  over  the 
Indians  within  their  borders,  than  is  po:<s<:ssed 
b}'  Maine  or  New- York.    Would  the  people  of 


Maine  permit  the  Penobscot  tribe  to  erect  an 
independent  government  within  their  State  1 
and,  unl&ss  they  did,  would  it  not  be  the  d»ity 
of  the  general  government  to  support  them  in 
resisting  such  a  measure  ?  Would  the  people  of 
New-York  permit  each  remnant  of  the  Six  Na- 
tions within  her  borders,  to  declare  itself  an  in- 
dependent people,  under  the  protection  of  the 
United  States  ?  Could  the  Indians  establish  a 
separate  republic  on  each  of  their  reservations 
in  Ohio  ?  And  if  they  were  so  disposed,  would 
it  bo  the  duty  of  this  government  to  protect 
them  in  the  attempt  ?  If  the  principle  involved 
in  the  obvious  answer  to  these  questions  bo 
abandoned,  it  will  follow  that  the  objects  of  this 
government  are  reversed ;  and  that  it  has  be- 
come a  part  of  its  duty  to  aid  in  destroying  the 
States  which  it  was  established  to  protect. 

"  Actuated  by  this  view  of  the  subject,  I  in- 
formed the  Indians  inhabiting  parts  of  (Seorgia 
and  Alabama,  that  their  attempt  to  establish  an 
indejjendent  government  wouhl  not  be  coiuite- 
nanced  by  the  Executive  of  the  United  States ; 
and  advLsed  them  to  emigrate  beyond  the  Missis- 
sippi, or  submit  to  the  laws  of  those  States." 

IIavin{;  thus  refused  to  sustain  these  southern 
tribes  i',i  their  attempt  to  set  up  independent 
goveri.ments  within  the  States  of  Alabama  and 
Georgia,  and  foreseeing  an  unequal  and  disagree- 
able contest  between  the  Indians  and  the  States, 
the  President  recommended  the  passage  of  an 
act  to  enable  him  to  provide  for  their  remo.al  to 
the  west  of  the  Mississippi.  It  was  an  old  poli- 
cy, but  party  spirit  now  took  hold  of  it,  and 
strenuously  resisted  the  passage  of  the  act.  It 
was  one  of  the  closest,  and  most  earnestly  con- 
tested <mestions  of  the  session ;  and  finally  car- 
ried by  an  inconsiderable  majority.  The  sum  of 
^ioOO.OOO  was  apikroj)riated  to  defray  the  expen- 
ses of  treating  with  them  for  an  exchange,  or  sale 
of  territory  ;  and  under  this  act,  and  with  the 
ample  means  which  it  placed  at  the  disposal  of 
the  President,  the  removals  were  eventually  ef- 
fected ;  but  with  great  difficulty,  chiefly  on  ac 
count  of  a  foreign,  or  outside  influence  from  jiol- 
iticiams  and  iiitr\isive  philanthropists.  Georgia 
was  the  State  where  this  (juestion  took  its  niosit 
serious  form.  The  legislature  of  the  State  laid 
off  the  Cherokee  ceiintry  into  counties,  and  \n\'- 
pared  to  exercise  her  laws  within  thorn.  The 
Indians,  l)esides  resisting  through  their  political 
friends  i?i  Congress,  took  counsel  and  legal  ail- 
vice,  with  a  view  to  get  the  question  into  the  Su 
preme  Court  of  the  United  States.  Mr.  AVirt, 
the  late  Attorney  General  of  the  Uniteil  Stutus, 
was  retained  in  their  cause,  and  addressed  a  com 


ANNO  1880.    ANDREW  JACKSON,  PRESIDENT. 


165 


munication  to  tho  Governor  of  tho  State,  ap- 
prining  him  of  the  fact ;  and  proposing  that  an 
"  uprcc<l  ease  "  should  bo  made  up  for  tho  decis- 
ion of  the  court.  Gov.  Gilmer  declined  this 
pro|)o.saI,  and  in  his  answer  gave  as  the  reason 
why  tlie  State  had  taken  the  dccitled  step  of  ex- 
tending her  jurisdiction,  that  the  Cherokee  tribe 
had  become  merged  in  its  management  in  the 
"  half  breeds."  or  descendants  of  white  men, 
who  possessed  wealth  and  intelligence,  and  act- 
ing under  political  and  fanatical  instigations  from 
without,  were  disjKJsed  to  jwrpetuate  their  resi- 
dence within  the  State, — (the  part  of  them  still 
remaining  and  refusing  to  join  their  half  tribe 
beyond  the  Mississippi).  The  governor  said : 
^  So  long  as  the  Ohcrokees  retained  their  primi- 
tive habits,  no  disi)osition  was  shown  by  the 
States  under  the  protection  of  who.se  govern- 
ment they  resided,  to  make  them  subject  to  their 
laws.  Such  policy  would  have  been  cruel ;  be- 
cause it  woidd  have  interfered  with  their  habits 
of  life,  the  enjoyments  peculiar  to  Indian  people, 
and  the  kind  of  government  which  accorded 
with  those  habits  and  enjoyments.  It  was  the 
power  of  the  whites,  und  of  their  children 
among  the  Chcrokecs,  that  destroyed  the  ancient 
laws,  customs  and  authority  of  the  tribe,  and 
subjected  the  nation  to  the  rule  of  that  most  o{>- 
pressivc  of  governments — an  oligarchy.  There 
is  nothing  surprising  in  this  result.  From  the 
character  of  the  people,  and  tho  causes  oiicrating 
upon  them,  it  coidd  not  have  been  otl.  rwisc.  It 
was  this  state  of  things  that  rendered  it  obliga- 
tory uj)on  Georgia  to  vindicate  the  rights  of  her 
sovereignty  by  abolishing  all  Cherokee  govern- 
ment within  its  limits.  Whether  of  the  intelli- 
gent, or  ignorant  class,  the  State  of  Georgia  has 
passed  no  laws  violative  of  the  liberty,  personal 
S(."urity,  or  private  projMJrty  of  any  Indian.  It 
lias  Iteen  the  object  of  humanity,  and  wisdom, 
to  separate  the  two  cla.sses  (tlic  ignorant,  and  the 
informed  Indians)  among  them,  giving  the  rit'hts 
of  citizenship  to  those  who  are  capable  of  \k'V- 
forniing  its  duties  and  proj)erIy  estimating  its 
priviiegos  ;  and  increasing  tlie  enjoyment  and  the 
probability  of  future  improvement  to  the  ignor- 
ant and  idle,  by  removing  tiieni  to  a  situation 
wliere  tlie  inducements  to  action  will  be  more  in 
acionlunco  with  the  character  of  tlic  Cherokee 
people." 

With  respect  to  the  foreign  interference  wi'.h 
this  (nie&liun,  by  politicians  6f  other  States  and 


pseudo  philanthropists,  the  only  effect  of  which 
was  to  bringuponsubaltern  agents  the  piiiii-liiiient 
which  the  laws  inilicted  ui)on  its  violuloi^    iho 
governor  said;     "  It  is  well  known  that  tlie  ex- 
tent of  the  jurisdiction  of  Georgia,  and  tiie  pol- 
icy of  removing  the  Cherokees  and  other  Indians 
to  the  west  of  the  Mississippi,  have  become  |i)irty 
questions.     It  is  believcl  that  the  Cherokees  in 
Georgia,  had  determined  to  unite  with  that  por- 
tion of  the  tribe  wlio  had  removed  to  the  west  of 
the  Mississippi,  if  the  poiicy  of  the   President 
was  sustained  by  Congress.    To  prevent  this  re- 
sult, as  soon  as  it  became  highly  probable  that 
the  Indian  bill  would  pass,  the  Cherokees  were 
{)crsuaded  that  the  right  of  .self-government  could 
be  secured  to  them  by  the  jiov.er  of  the  Supreme 
t'ourt  of  the  United  States,  in  deliance  of  the  leg- 
islation of  the  general  and  State  governments. 
It  was  not  known,  however,  until  the  receipt  of 
your  letter,  that  the  spirit  of  resistance  to  tho 
laws  of  the  State,  and  views  of  the  United  States, 
which  has  of  late  been  evident  among  the  Indi- 
ans, had  in  any  maimer  liecn  occasioned  by  your 
advice."     Mr.  Wirt  had  been  professionally  em- 
ployed by  the  Cherokees  to  bring  their  case  be- 
fore the  Supreme  Court ;  but  as  he  classed  jiolit- 
ically  with  the  party,  which  took  sides  witli  the 
Indians  against  Georgia,  the  governor  was  tho 
less  CLfcmonioui',  or  reserved  in  his  reply  to  him. 
Judge  Clapton,  in  whose  circuit  th«'  Indian 
counties  fell,  at  his  first  charge  to  the  grand  jury 
assured  tho  Indians  of  pi-otection.  warned  the  in- 
termeddlers  of  the  mischief  they  were  were  do- 
ing, and  of  the  inutility  of  applying  to  the  Su- 
preme Court.     He  .said:    '"My  other  puriK)se  is 
toapprise  the  Indians  that  they  are  not  to  lie  oppres- 
sed, as  has  been  sagely  foretold  :  that  the  same 
justice  which  will  be  meted  to  the  citizen  shall  l)c 
metetl  to  them."    With  respect  to  interiueddlers 
he  said  :  "  Meetings  have  been  held  in  all  direc- 
tions,  to  express  opinions  on   the  conduct  of 
(leorgia,  and  Georgia  alone — when  her  adjoining 
sister  States  had  lately  tione  precisely  the  same 
thing;   and  which  she  and  they  had  done,  in 
the  rightful  exercise  of  their  State  sovereignty." 
The  judge  even  showed  that  one  of  these  intru- 
sive philanthropists  had  endeavored  to  interest 
Euroiwan  sympathy,  in  behalf  of  the  Chcrokecs; 
and(pioted  from  the  address  of  the  reverend  Mr. 
Milner,  of  New- York,  to  the  Foreign  Missionary 
Society  in  London:    "That  if  the  cause  of  tho 
negroes  in  the  West   Indias  was  interesting  to 


fl' 


,|iii 


J!||i 


166 


THIRTY  YEARS'  VIEW. 


1  ■  # 


il: 


that  uuditory — and  deeply  interesting  it  ought 
to  bo— if  the  {Hipiilntion  in  Ireland,  groaning  be- 
neath the  degradation  of  superstition — excited 
their  sympathies,  he  trusted  the  Indians  of  North 
America  would  also  be  considered  as  the  objects 
of  their  Christian  regard.     He  was  grievc<l,  how- 
ever, to  state  that  tlicre  were  those  in  Ameriin, 
who  actetl  towanls  tliem  in  aditFerent  spirit ;  and 
he  lamented  to  say  that,  nt  tliis  very  moment,  the 
State  of  Georgia  was  seeking  to  sulijugatc  and 
destroy  the  Iiberti<!S  both  of  the  Creeks  and  the 
Clicrokees ;   the  former  of  whom  jwsscsscd  in 
Georgia,  ton  millions  of  acres  of  land,  and  tl>e 
latter  three  millions."    In  this  manner  Euro|K'an 
symjtathies  were  sought  to  be  brought  to  bear 
upon  the  question  of  removal  of  the  Indians — a 
political  and  domestic  question,  long  since  resolv- 
ed upon  by  wise  and  humane  American  states- 
men— and  for  the  benefit  of  the  Indians  them- 
selves, as  well  as  of  the  States  in  which  they 
were.    If  all  that  the  reverend  missionary  utter- 
ed had  been  true,  it  would  still  iiave  been  a  very 
improjjer  invocation  of  Euro])ean  sympathies  in 
an  American  domestic  question,  and  against  a  set- 
tled govermncntal  jwlicy :  but  it  was  not  true. 
Tiie  Creeks,  with  their  imputed  ton  millions  of 
acres,  ownetl  not  one  acre  in  tlie  State  ;  and  had 
not  in  live  years — not  since  the  treaty  of  cvssion 
in    IHli."):  wliicli    shows   the   recklessness   witli 
which  the  reverend  suppliant  for  foreign  synq)ii- 
thy,  sjwke  of  the  people  und  States  of  Iiis  own 
country.     The  few  Cherokee.-s   who  were  there, 
instead  of  subjugation  and  destruction  of  their 
liberties,  were  to  be  paid  a  liigh  price  for  their 
l.\nd,  if  they  chose  to  join  their  tribe  beyond  the 
Mississippi ;  and  if  not,  they  were  to  be  protect- 
ed like  the  white  inhabitants  of  the  counties  they 
lived  in.     With  resjwct  to  the  Supreme  Court, 
the  judge  declared  that  he  should  pay  no  atten- 
tion to  its  mandate — holding  no  wrifof  error  to 
lie  from  the  Supreme  Court  of  the  Cnited  States 
to  his  State  Court — but  would  execute  the  sen- 
tence of  the  law,  whatever  it  miirht  Iw,  in  defiance 
of  the  Supremo  Court;  and  r  .  -h  was  the  fact. 
In.stigated  by  foreign  into  (en  i<       ar  1   n'!.ing; 
upon  its  protection,  one  (»eorgo    itvsi.'s.  of  I?!- 
dia.i  ilescciit.  committed  u  homicide  :i:  f  osisting  j 
the  laws  of  (Seoig'a — was  ti  ied  .  )r  u\'.:  loi      ^on- . 
victed — condemned — and  i  .ntentet.  .o  ijc  hanpn! 
on  a  given  day.  A  writof  i-rni!    U\  .tUiy    (K'-ivi-.- 
before  itself,  wat;  obtained  from  >  'c  S"m  .11.0  Couit  \ 


of  the  United  States ;  and  it  was  proposed  by  the 
counsel,  Mr.  Wirt,  to  try  the  whole  question  of 
the  right  of  Georgia,  to  exercise  jurisdiction  over 
the  Indians  and  Indian  country  within  her  lim- 
its, by  the  trial  of  this  writ  of  error  at  Wash- 
ington ;  and  for  that  pur|)o.se,  and  to  save  the  tc< 
dious  forms  of  judicial  proceedings,  lie  re(]iiested 
the  governor  to  consent  to  make  up  an  "  agreeil 
case"  for  the  consideration  and  decision  of  that 
high  court.     This  proposition  Governor  Gilmer 
declined,  in  firm  but  civil  terms,  saying :  "  Your 
suggestion  that  it  would  be  convenient  and  sat- 
isfactory if  yourself,  the  Indians,  and  the  gov- 
ernor would  make  up  a  law  case  to  be  siilmiit- 
ted  to  the  Supremo  Court  for  the  determination 
of  the  question,  whether  the  legislature  of  (li-or- 
gia  has  competent  autliority  to  pass  laws  for  the 
government  of  the  Indians  residing  within  its 
limits,  however  courteous  the  manner,  and  conciliu- 
tory  the  phra.seology,  cannot  but  be  consideu'd  as 
e.xcoetJingly  di-srcsjiectful  to  the  government  of  the 
.State     No  one  knows  better  than  yourself  that 
the  governor  would  grossly  violate  his  duty,  and 
exceed  his  authority,  by  complying  with  such  a 
suggestion ;  and  that  l)oth  the  letter  and  the  spirit 
of  the  jwwers  conferred  by  the  constitution  upon 
the  Supreme  Court  forbid  its  a<yudning  such  a 
case.     It  is  hoped  that  the  cflbrts  of  the  fremial 
government  to  execute  its  contract  with  (iiorfria 
(the  <M)mpact  of  1802).  to  secure  the  continuance 
and  advance  the  happiness  of  the  Indian  tribes. 
and  to  give  quiet  to  the  country,  may  be  .so  ef- 
fectually .successful  as  to  prevent  the  necessity  of 
any  further  intercourse iqwu  the  subject."    And 
thei-e  was  no  '"urther  intercourse.     The  day  f  »r 
the  execution  of  Tassels  came  round :  he  wns 
hanged  :  and  the  writ  of  the  Sujjreme  Coiut  w as 
no  more  heard  of.     The  remaining  Clierokeis  a"*- 
terwards  made  their  treaty,  and  removed  to  the 
west  of  the  Mississippi ;  and  that  was  the  end  of 
the  |)olitical,  and  intrusive  philanthropical  iiilcr- 
Icrcnco  in  the  domestic  y>o\\cy  of  (Jeorgia.    One 
Indian  hanged,  some  missionaries  imprisoned,  the 
writ  of  the  Supreme  Court  disregarded,  the  In- 
dians removed :  and  the  (sditical   and  pseudo- 
philanthropic  intcnneddlers  left  to  the  rellection 
of  having  done  nmcli  mi.'^chief  in  a.ssuniing  to 
tK-eoniu  tho  def  iders  and  giuirdians  of  a  race 
vlil-ih  tho  hni^itnityof  our  laws  and  people  were 
treating  with  parental  kindness. 


IIUI'TUKK 


M 


li 


ANNO  1831.    ANDREW  JACKSON,  PRESIDENT. 


167 


osed  by  the 
|UCHtion  of 
liction  ovei 
lin  her  lim- 

at  "NVash- 
Kavc  tlie  tc- 
•  requested 
un  "  agree<l 
ion  of  that 
nor  Gilmer 
ng:  "Your 
nt  and  sat- 
d  the  pov- 
he  siiJmiit- 
lenninntioii 
ire  of  (leor- 
aws  for  the 

witliin  its 
iindcoiiciliii- 
iiisideii'd  iiH 
mieutof  Die 
mrself.  tliat 
is  duty,  and 
with  such  a 
lid  the  spirit 
tiitioii  upon 
;iii<:;  such  it 

tJie  freniriil 
ith  (i('or<>iu 
rontiniinucu 
liiin  trilH's, 
ly  he  soef- 
iieee.ssity  of 
eot."  .And 
'!ic  day  fir 
id:  he  wii.s 
L«  Court  was 

lerokeis  af"- 
nvc'd  to  llie 

the  eiiil  iif 
picul  inter- 
irjjia.  OiM) 
risoned,  tlie 

ed,  the  lii- 
nd  jiseiulo- 

le  reliectiiin 

ssuniinj;  to 

s  of  a  race 

leople  wcra 


OnAPTER    LII. 

VETO'ON  THE  MAY8VILLE  KOAD  BtLL. 

This  wuh  tho  third  veto  on  the  subject  of  federal 
internal  iinproveinent.s  within  the  States,  and  by 
tlire(!  (hfl'erent  Presidents.  The  first  wa.s  by  Mr. 
Madison,  on  the  bill  "  to  set  apart,  and  pledge 
i'ertuin  funds  for  constructing  roads  and  canals, 
and  improving  the  navigation  of  watercourses, 
in  order  to  facilitate,  promote,  .ind  give  security 
to  internal  comnicrcc  among  the  several  States .; 
and  to  render  more  ea.sy  and  less  c.\|K>nsivc  tlie 
means  and  provisions  of  the  common  dufenc-e  " — 
n  very  long  title,  and  cvct^Argtnnentative — as  if 
afraid  of  the  President's  vJlo — which  it  received 
in  a  nies.sago  with  tho  rea.sonH  for  disapproving 
it.  The  second  was  that  of  Mr.  Monroe  on  the 
('umberland  Road  bill,  which,  with  an  abstract 
of  his  reasons  and  argument.'*,  has  already  bun 
given  in  this  View.  This  third  veto  on  the  same 
subject,  and  from  President  Jackson,  and  at  a 
time  when  internal  iniprovcment  by  the  federal 
government  had  become  a  jwint  of  party  ilivision. 
and  a  part  of  the  American  system,  and  when 
concerted  action  on  the  public  mind  had  created 
fur  it  a  degree  of  |)opuIarity  :  this  third  veto  tin- 
der such  circumstances  was  a  killing  blow  to  the 
system — which  has  shown  but  little,  and  only 
occasional  vitality  since.  Taken  together,  the 
three  vetoes,  and  tho  three  messages  sustaining 
fliem,  and  the  action  of  Congress  upon  them  (for 
in  no  instance  did  tho  IIou.se  in  which  they  origi- 
nated pass  the  bills,  or  either  of  them,  in  oi)i)osi- 
tion  to  the  vetoes),  may  bo  considered  as  embra- 
cing all  the  constitutional  reasoning  upon  the 
(piestion  ;  ami  enough  to  be  studied  by  any  one 
who  wishes  to  make  himself  master  of  tho  sub- 
ji-ct. 


C  II  APT  Ell    LUX. 

IMTI'TUUK   HKTWKKN  PUKSIDKNT  .TA0K80N,  AND 
VICK-I'UESIDENT  CALHOUN. 

With  the  (juarrels,  of  public  men  history  has 
nil  concern,  except  ns  they  enter  into  public  con- 
liiift,  and  influence  public  events.  In  such  ca.se, 
and  as  tiie  cause  of  such  events,  these  quarrels 


belong  to  history,  which  would  bo  an  empty  talo, 
devoid  of  interest  or  instruction,  without  the  do~ 
velopment  of  the  causes,  and  conseijuences  of 
tho  acts  which  it  narrates.  Division  auiong 
chiefs  has  always  been  a  cause  of  mi.^chief  to  their 
country  ;  and  when  so,  it  is  the  duty  of  history 
to  show  it.  That  mischief  jioints  the  moral  of 
much  history,  and  has  been  mado  the  subject  of 
tho  greatest  of  {toems : 

"Aclilllps'  wrntli,  to  Orcoco  Itie  dlrclUl  Bprtng 
Of  woo«  unnuiiibcreil " 

About  the  beginning  of  March,  in  tho  year 
1831,  a  pamphlet  appeared  in  Washington  City, 
issued  by  Mr.  Calhoun,  and  addressed  to  the 
(Hiople  of  the  United  States,  to  explain  tho  cause 
of  a  diflerencc  which  had  taken  place  between 
him-self  and  (General  Jackson,  instigated  as  tho 
pamphlet  alleged  by  Mr.  Van  Iturcn,  and  in- 
tended to  make  mischief  l>etween  the  first  and  sec- 
ond ofTIcers  of  the  government,  and  to  etl'ect  tho 
;)olitical  destruction  of  himself  (Mr.  (.^alhoun)  for 
the  benefit  of  the  contriver  of  the  quarrel — tho 
then  Secretary  of  State ;  and  indicated  as  a  candi- 
date for  the  presidential  succession  u|)ou  the  termi- 
nation of  General  Jiick.son's  service.  It  was  the 
same  pamphlet  of  which  Mr.  Duncan.son,  as  here- 
tofore related,  had  received  previous  notice  from 
Mr.  Dufl' Green,  as  being  in  print  in  his  oIUto, 
but  the  publication  delayed  lur  the  maturing  of 
tho  measure}',  which  were  to  attend  its  ap]K<ar< 
ar'.ce  ;  namely  :  the  (diango  in  the  course  of  tho 
Tclcirruph;  its  attacks  ujion  (Seneral  Jack.soa 
and  Mr.  Van  lluren ;  the  defence  of  Mr.  Calhoun ; 
and  the  chorus  of  the  altiliated  pres.ses,  to  bo  en- 
gaged '*  in  getting  up  the  storm  which  oven  tho 
popularity  of  (Jeneral  Jack.s«in  could  not  stand." 

The  luunpldet  was  entitled,  '•  Correspondence 
between  General  Andrew  Jackson  and  John  C. 
Calhoun,  President  and  Vice-President  of  the 
United  States,  on  the  subject  of  the  course  of  tho 
latter  in  the  deliberations  of  the  cabinet  of  Mr. 
Monroe  on  the  occurrences  of  the  Seminole  war ;" 
and  its  contents  consisted  of  a  prefatory  addrcs.s, 
and  a  number  of  letters,  chiefly  from  Mr.  Calhoun 
him.self,  and  his  friend.s — the  General's  share  of 
the  correspondence  being  a  few  brief  notes  to 
ascertain  if  Mr.  Crawfonl's  statement  was  true "? 
and,  being  informed  that,  substantially,  it  wa.s, 
to  decline  any  further  correspondence  with  Mr. 
Calhoun,  and  to  promise  a  full  public  reply  when 
ho  had  tho  leisure  for  tho  purpo,se  and  access  to 


fftiaj'!jj*i^>#'g""*"i'*  *''—'*'*'*'"*''* 


m'mtmm!imr'mm^3ifmm»tfm*iSMmim»^mS'M»imMwafii. 


168 


THIRTY  YKARS'  VIKW. 


•A' 


Jl.-;. 


iiil^ 


'i  H 


ilt 


r  "I 


the  pn)of«4.  His  words  were :  '•  In  your  im<!  Mr. 
Crawforil's  disjmto  I  liiive  no  inti'iTst  wliiituvtr ; 
but  it  may  become  necessary  for  nic  hurealXcr, 
wbon  I  shall  have  more  lei.snn*,  and  the  docu- 
ments at  hand,  to  place  the  f^nbject  in  its  pro|)cr 
lijjht — to  notice  the  historical  facts  and  refer- 
ences in  your  conimunication — which  will  give 

a  very  difl'eivnt  view  to  the   subject 

Understandin;;  you  now,  no  further  comminii- 
cation  with  you  <m  this  subject  is  necessary." 

And  none  further  apjjcars   from    Oen- 

eral  .Fat'lvson. 

But  the  freneral  did  what  he  had  intinmte<l  he 
would — drew  up  u  sustained  leply,  showing;  the 
subject  iji  a  dil!in>nt  light  fmm  that  in  which 
Mr.  Calhoun's  letters  had  pix'sented  it ;  and 
ipiotin}!:  vouchers  for  nil  that  he  said.  The  case, 
as  made  out  in  the  publisheil  |)amphlet,  stood 
befiiie  tlu-  public  as  (hat  of  an  intrigue  on  the 
jiart  of  Mr.  Vim  Buren  to  supplant  a  rival— of 
which  t'v.>  President  was  the  dupe — ?.Ir.  Calhoun 
the  victii.  -and  tlio  country  the  suH'erer :  and 
the  viotlua  opentudi  of  the  intrigue  was,  to  dig 
up  the  buried  jiroceedings  in  Mr.  Monroe's  cabi- 
net, in  relation  to  a  pro|)Osed  court  of  inquiry  on 
the  general  (at  the  instance  of  ^Ir.  Calhoun), 
for  his  alleged,  "tinuthorized.  and  illegal  ojtcra- 
tions  in  Florida  during  the  Seminole  war.  It 
was  this  case  which  the  general  felt  himself 
bound  to  cimfront — anil  did  ;  and  in  confronting 
which  he  showed  that  Mr.  Calhoun  himself  was 
the  sole  cause  of  breaking  their  fiiendsh'p  ;  and, 
Cimse(|uently.  the  sole  cause  of  all  the  conse- 
{[uences  which  residted  from  th.it  bi-each,  I'p 
to  that  time — up  to  the  date  (»f  the  discovery  of 
Mr.  Calhoun's  now  ailmitted  part  in  the  pn)iK)sed 
measure  of  the  court  of  in<iuiry — that  gentleuuui 
had  been  the  general's  biHUi  /r/c(// of  a  states- 
man anil  a  man — ■"  the  noblest  work  jof  (.Jod,"as 
he  publicly  expressed  it  in  a  toast:  against 
whom  he  would  believe  nothing,  to  whose  friends 
lie  gave  an  equal  voice  in  the  cabinet,  whom  he 
consulted  as  if  a  member  of  his  administniliou  ; 
and  whom  he  actually  preferred  for  his  succi'ssor. 
This  reply  to  the  jiamphlet.  entitled  ''.!«  vxpo- 
siliiin  of  Mr.  CaUinuiis  course  toinniltt  Cieiit!- 
ral  Jacknon.^^  though  written  above  twenty 
years  ago.  and  intended  for  publication,  has 
never  before  been  givn  to  the  public.  Its  pub- 
lication beconies  es.sential  now.  It  belongs  to  a 
dissension  between  chiefs  which  has  disturbed 
the  harmony,  and  loosenctl  the  foun<lations  of  the 


T'nion  ;  and  of  which  the  view,  on  one  side,  waa 
published  in  pamphlet  at  the  time,  registered  in 
the  weeklies  and  annuals,  printed  in  man}'  pa- 
|K'r.s,  carrie<l  into  the  Congress  debates,  espe- 
cially on  the  nomination  of  Mr.  Van  IJiueii;  and 
so  made  n  part  of  the  p\iblic  history  of  the  inuea 
— to  be  use<l  a.s  historical  material  in  after  time. 
The  introiluctorv  paragraph  to  the  "  Exposition' 
.shows  that  it  was  intended  for  immediate  publi- 
cation, but  with  a  feeling  of  repugnance  to  tho 
exhibition  of  tho  chief  nnigistrate  as  a  newspa- 
jier  writer :  which  feeling  in  the  end  predomi- 
ni-ted,  and  delityed  the  publication  luitil  the  ex- 
piration of  his  office — and  afterwards,  initil  hi.s 
death.  IJut  it  was  preserved  to  fidlil  its  origi- 
nal purpose,  and  went  in  its  manuscript  form  to 
Mr.  Francis  P.  Blair,  the  literary  legatee  of  (Jeti- 
eral  Jacksor. ;  and  by  him  was  turned  over  to 
me  (with  trunks  full  of  other  papers)  to  be  used 
in  this  Thirty  Years'  View.  It  luid  been  previ- 
ously in  the  hands  of  Mr.  Amas  Kendall,  as  ma- 
terial for  a  life  of  Ja<'kson,  which  he  had  liegun 
to  write,  and  was  by  him  nuide  known  to  Mr. 
Calhoun,  who  declined  ^•fitrnishiiig  aiiif  fiir- 
tfirr  hijhriiiation  on  the  aiibject."*  It  is  in  the 
fair  round-hand  writing  of  a  clerk,  slightly  in- 
terlined in  the  general's  hand,  the  narrative 
sometimes  in  the  fu-st  and  .sometimes  in  the 
thinl  iRMson ;  vouchers  referred  to  and  shown 
for  every  allegation;  and  signed  by  the  gen- 
eral in  his  own  well-known  hand.  Its  mat- 
ter consists  of  three  parts:  1.  The  justilication 
of  himself,  imder  the  law  of  nations  and  the 
treaty  with  Sjjain  of  170.').  for  tjikiiig  military 
jMwse.ssion  of  Florida  in  ISlS.  2.  The  same  ju.s- 
'  tilicalion,  under  the  orders  of  Mr.  Mouroi  and 
I  his  Secretary  at  War  (.Mr.  Calhoim).     ."..  The 

*  M".  Kcrnliiirn  lotfor  to  tlii>  niitlior  It  in  IIkm'  wonts; 

I      "DoivmliiT'iO.  1S.V1.— Ill  reply  to  your  nolo  iii>t  rucilvod, 

I  I  liavr  to  cinic  llmt.  wlslilnt'  to  do  cMu't  Jiislico  to  nil  nii  n  in 

!  my  I.il'o  ol  (iiiu'nil  .hickson,  I   luMristiMl  u  note  to  Mr.  Tiil- 

lioiin  ^t!ltilli:to  liiin  In  siili-tuncr,  llmt  I  «a-  in  |M.■M■^^loll  of 

till' fvlilviK'is  on  wliicli   tlif  s:<iu'riil  batoil  Ills  iiH|inl;itlon  of 

(liipliclly  toiulilnc  Ills  ^•ollr^^'  in  .Mr.  Monroes  nililiict  np'in 

I  tlic  i'loriilii  war  ipii'sllon,  und  lii(|uliint;  wliclliLr  il  wiks  liis 

(iivlri'lo  I'lirnisli  liny  ftirini-r  inf  iriimilon  on  lli.'Milpj.cl.or  rest 

I  upon  lliiit  wliioli  Wiusnlrotwly  lu'lori'  the  puliliiUin  liispulilli's- 

I  tlon).     A  few  ilftyaiiflerwHnls,  the  lion.  DiNon   II.  l.ev\is  told 

I  ni«tlmt  Mr.  I'iillioun  liiid  received  my  letter,  and  li.id  r  (jiie.-ted 

liiiii  to  ttsk  mo  wliat  was  llie  nature  of  tlieevldi  iiees  anions 

•  Jiiu'toI  .larksonS  piipem  to  wlilcli  I  alluded.     I  stated  tin  in  to 

liini,  as  eiiil'oilled  In  (ienerid  Jiicknon's  '  KxiMwitlon,'  to  wliieli 

you  refer.  Mr.  Lewis  uflerwards  Informed  me  lliiit  .Mr.  (.'allioun 

hud  ri.iielilded  to  let  the  matter  rest  a^  It  was.     This  Is  all  til* 

answer  1  ever  received  from  Mr.  CulUouu. ' 


ANNO  1881.    ANDREW  JACKSON,  PRESIDENT. 


1G9 


statement  of  Mr.  Calhoun's  conduct  towards 
him  (the  general)  in  all  that  airoir  of  the  Sem- 
inole war,  and  in  the  movements  in  the  cabinet, 
and  in  the  two  Houses  of  Congress,  to  which  it 
gave  rise.  All  these  parts  belong  to  a  life  of 
Jackson,  or  a  history  of  the  Seminole  war ;  but 
only  the  two  latter  come  within  the  scope  of  this 
View.  To  these  two  parts,  then,  this  publica- 
tion of  the  £x|)Osition  is  conlined — omitting  the 
references  to  the  vouchers  in  the  appendi.x — 
which  having  been  examined  (the  essential  ones) 
are  ibimd  in  every  particular  to  sustain  the 
text ;  and  also  omitting  a  separate  head  of  com- 
plaint against  Mr.  Calhoun  on  account  of  his 
representations  in  relation  to  South  Carolina 
claims. 

"  EXrOSITION. 

"  It  will  bo  recollected  that  in  my  correspond- 
ence with  Mr.  Calhoun  which  he  hius  published, 
I  engaged,  when  the  documents  should  be  at 
hand,  to  give  a  statement  of  facts  respecting  my 
conduct  in  the  Seminole  campaign,  which  would 
present  it  in  a  very  diilercnt  light  from  the  one 
ni  which  that  gentleman  has  placed  ii. 

"  Although  the  time  I  am  able  to  devote  to  the 
subject,  engrossed  as  1  am  in  the  discharge  of 
niy  public  duties,  is  entirely  inadequate  to  do  it 
justice,  jet  from  the  course  pursued  by  Mr.  Cal- 
houn, from  the  frequent  misrepresentations  of 
luy  conduct  on  that  occasion,  from  the  misappre- 
liension  of  my  motives  for  entering  u|)on  that 
correspondence,  from  the  solicitations  of  numer- 
ous friends  in  dilferent  parts  of  the  country,  and 
in  compliance  with  that  engagciaent,  I  present 
to  my  fellow-citizens  the  following  statement, 
with  the  documents  on  which  it  rests. 

"  I  am  aware  that  there  are  some  among  oh 
who  deem  it  unfit  that  the  chief  magistrate  uf 
this  nation  should,  under  any  circumstances,  ap- 
pear befc.e  t!ie  public  in  this  manner,  to  vindi- 
cate his  conduct.  These  opinions  or  feelings  may 
result  from  too  grcat  fastidiousness,  or  from  a  i 
suppo.sed  analogy  between  his  station  and  that ; 
of  the  first  magistrate  of  other  countries,  of  j 
whom  it  i.s  said  they  can  do  no  wrong,  or  they  ' 
may  be  well  founded.  I,  however,  entertain  dif- 
(I'lent  opinions  on  this  subject.  It  seems  to  me 
that  the  course  1  now  take  of  ajipealing  to  the 
judjrment  of  my  fellow-citizens,  if  not  in  exact 
iDnrorniity  with  past  usage,  at  least  springs  from 
tlir  spirit  of  our  popular  institutions,  which  re- 
(luires  tiiat  the  conduct  and  character  of  every 
man,  how  elevated  soever  may  be  his  station 
sliould  be  fairly  and  freo'.y  submitted  to  the  dis- 
('iiN>ion  and  decision  of  the  pfojile.  Tuder  this 
couvii'tion  I  have  acted  lu'retofort',  anil  now  act, 
not  wishing  this  or  any  other  part  of  mj'  public 
IH'e  to  be  concealed.  1  pru.sent  my  whole  con- 
duct in  connection  with  the  subject  of  that  cor- 
respondence iu  this  form,  to  the  iudu'geut  but , 


firm  and  cidightcned  consideration  of  my  fellow 
citizens. 

[Hero  follows  a  justification  of  Gen.  Jackson's 
conduct  under  the  law  of  nations,  and  under  the 
orders  to  Ocn.  Gaines,  bia  predecessor  iu  tht 
command.] 

"  Such  was  the  gradation  of  orders  issued  '>y 
the  government.  At  first  they  instructed  their 
general  '  not  lopcuta  the  line?  Ho  is  next  in- 
structed to  '  ccerciac  a  sound  diHcretion  us  to 
the  necessity  of  crossing  the  line.''  He  is  then 
directed  to  consider  himself  ^  at  liberty  to  march 
across  the  Florida  line,^  but  to  Iialt,  and  re- 
port to  tho  department  in  ca.so  the  Indians 
^should  shelter  theniselcea  tinder  a  Spanish 
fort?  Finally,  after  being  informed  of  the  otro- 
cious  mas.sacre  of  the  men,  wonicn  and  children 
constituting  the  party  of  Lieutenant  Scott,  they 
order  a  new  general  into  the  field,  pnd  direct 
him  to  '  adopt  the  necessary  measures  to  put 
an  end  to  the  conjlict,  without  regard  to  ti:rrito- 
rial  ^^  lines,"  or  ''iHpaniah  forts."  ^  Mr.  Cal- 
houn's own  understanding  of  tho  order  i.ssued 
by  him,  is  forcibly  and  clearly  explained  in  a  let- 
ter written  bj  iin  in  reply  to  the  inquiries  of 
Governor  Bibb,  of  Alabama,  dated  the  l.'Ith  of 
May,  1818,  ni  which  he  says: —  '  Ucncnd  Jacl- 
son  ts  rested  with  full  power  to  conduct  he 
war  as  he  may  think  best? 

'"  These  onlers  were  received  by  General  Jack- 
son at  Nashville,  on  the  night  of  the  ll2th  Janu- 
ary, 181H,  and  i*  instantly  took  measures  to 
curry  tlwm  into  etlect. 

"  In  the  mean  time,  however,  he  had  received 
copies  of  the  orders  to  General  Gaines,  to  take 
jjt>s.session  of  Amelia  island,  and  to  enter  Flori- 
da, but  halt  and  rejwrt  to  tlie  department,  in 
(•a>e  the  Indians  sheltered  theinselvi'S  under  a 
S|)anish  fort.  Approving  the  jwli'-y  of  the  for- 
mer, and  jierceiving  in  the  latter,  dangers  to  tho 
army,  and  injury  to  the  country,  on  tl»<'  (ith  of 
.lanuary  he  addressed  u  conlidential  li-tter  to  tho 
1 'resident,  frankly  disclosing  his  view-;  oii  both 
sul)je<'ts.  The  following  is  a  copy  of  that  let- 
ter, viz.: — 

"NAsuvii.r.f;  (Slh.fmi.,  1818. 
'■  SiH  : — A  few  days  since,  I  receive<l  a  letter 
from  the  Secretary  of  War,  of  the  17th  ult., 
witii  inclosures.  Your  order  of  the  I'.'th  ult. 
through  him  to  lirevet  Major  General  (iaines  to 
enter  the  territory  of  Spain,  .and  chasti.-^e  tho 
ruthless  savages  who  have  been  depredating  on 
the  i>roperty  and  lives  of,  our  citizens,  will  meet 
not  oidy  the  approbatiim  of  your  country,  but  tho 
approbation  of  Heaven.  Will  you  however  permit 
me  to  suggest  the  catastrophe  that  nii;;lit  arise  by 
<Jeneral  (iaines's  compliance  with  tliu  last  elauso 
of  your  order  1  Suppose  the  case  tiial  tiie  In- 
dians aie  beaten;  they  take  refiiiie  either  ia 
IVnsiicola  or  St.  Auj;ustinc,  whicli  <>|)en  their 
gates  to  them:  to  prolit  liy  iii>  siclory,  (uiieral 
Gaines  pursues  the  fugitives,  anil  has  to  halt  bo* 


Ml 


imm 


mmmm 


170 


THIRTY  YEARS'  VIEW 


I 
I 


ir  :# 


fore  <ho  piinisoii  until  liP  can  coininuiiicnte  with 
his  ffDveriinic'iit.     In  tlu<  incnn  tiino  thi>  militia 

Erow  restlfss,  and  he  is  left  to  (lofentl  hiinNuIl' 
y  the  rt^rnliirs.  The  enemy,  witli  the  uid  of 
their  .Spanish  rriemls,  and  Woodliine's  British 
piirtisans.  or,  if  vou  please  witli  Aurey's  foree, 
attacks  him.  Wliat  may  not  ho  the  result  ? 
Defeat  and  massiu;re.  Permit  mc  to  remark 
that  the  arms  of  the  United  States  must  he 
carried  to  any  point  within  the  limits  of  Kast 
Florida,  where  an  enemy  is  i)crmittud  and  pro- 
tected, or  dis};n      attends. 

"The  Kxecntive  (lovernment  have  ordered, 
and.  as  I  conceive,  very  pro|)erly.  Amelia  Island 
t(j  he  taken  |K)ssession  of.  This  order  ought  to 
1)0  caiiicd  into  execution  at  all  hazards,  and  si- 
multaneoijsly  the  whole  of  East  P'lorida  seized, 
and  held  as  nn  indemnity  for  the  outrages  of 
Spain  U|M)n  the  projierty  of  our  citizens.  Thin 
done,  il  puis  all  opposition  <lown,  secures  our  cit- 
izens a  complete  indenmity,  and  saves  us  from  a 
war  with  (Jreat  Hritain,  or  some  of  tlic  conti- 
nental powers  combined  with  Spain.  This  can 
be  done  without  implicating  tite  government. 
Ijct  it  he  siiTiiiJii'd  la  mc  throiiifh  any  cftiniiul 
(siiy  Mr.  J.  lihtit ).  thai  l/te  poMxegnion  of  the 
J-'lorii/ds  utfld  be  (Ifxirahle  Ui  the  United 
SlittiH,  and  i't   it.' 'if  days  it  it  ill  be  accom- 


?'■' 


'trr. 


The  order  In-ing  given  for  the  possession  of  | 
Amelia  Island,  il  ought  to  bo  (Xec.-uted,  or  our 
iMicmii-;.  internal  and  external,  will  use  it  to  llw 
disadvanlaij-e  of  the  government.  If  our  troojis  i 
enter  the  territor}'  of  .*>pain  in  pursuit  of  our  ' 
Indian  enemy,  all  op|iosition  that  they  meet  , 
Willi  must  be  put  down,  or  we  will  be  hivohc  I  , 
in  danger  and  ilisgrace.  , 

'■  I  have  the  honor,  &e. 

"ANDREW  JACKSON. 
"  Ja.mk8  Monroe,  President  U.  S.  j 

"The  course  recommended  l>y  General  Jack-  ' 
Ron  in  this  letter  relative  to  the  occupation  of  the  ' 
Floriilas  accords  with  the  jiolicy  whicli  dictated 
the  secret  act  of  Congress.  He  reconunen<led 
no  mure  than  the  President  had  a  right  to  do. 
In  louseiiuiiuv  of  the  occupation  of  Amelia  Isl- 
and by  tlieolliiersof  the  Colombian  and  Mexican 
go\eii\i\\('uts,  and  the  attempt  to  occupy  the 
Mhole  province,  the  Presi<lent  had  a  right,  under 
the  act  of  Congress,  to  order  (Jeneral  Jackson  to 
take  pos.scssion  of  it  in  the  name  of  the  I'nited 
Stales.  He  would  have  been  tlie  ni<)re  justiliable 
in  doing  so,  because  the  inhabitants  of  the  pro- 
vince, the  Indian  subjects  of  the  King  of  Spain,  1 
whom  he  was  bountl  not  oidy  by  th"  'iws  of  na- 
tions, but  by  treaty  to  restrain,  were  in  open  war 
with  the  I'nited  States. 

".Mr.  Calhoun,  the  Secretary  of  War,  was  the 
first  num  who  read  this  letter  after  its  reception 
at  Washington.  In  a  letter  from  Mr.  Moiu-oe 
to  (leneral  Jackson,  dated  21st  December,  1818, 
published  in  the  Calhoun  corcs|M)ndence,  page 
44,  is  the  following  account  of  the  reception, 
opening; and  jwruhal of  tliis  Icller,  viz.;  '  Vour  let- , 


ter  of  January  (ith.  was  received  wliile  I  was  se- 
riously indis|M).sed.  Observing  that  it  \va.s  from 
you,  I  haniled  it  to  Mr.  Calhoun  to  read,  aflei 
reading  one  or  two  lines  only  myself.  The  order 
to  you  to  take  command  in  that  quarter  had  be- 
fore l>een  issued.  He  renuirked  after  i>erusiu" 
the  letter,  that  it  was  a  conlidential  one  relating 
to  Florida,  irhich  I  mitid  answer. ' 

"  In  accordance  with  the  advice  of  Mr.  Calhoun, 
and  availing  himself  of  the  suggestion  contaiuecl 
in  the  letter,  Mr.  Monroe  sent  for  Mr.  John 
Hhea  (then  a  member  of  Congress),  showed  him 
tlie  conlidential  letter,  and  recpiested  him  to 
an.<?wer  it,  In  conformity  with  this  recpiest  Mr. 
Jtliea  tlid  answer  the  letter,  and  informal  General 
Jackson  that  the  President  had  jhown  him  the 
ctmtidential  letter,  and  requested  him  to  state  that 
he  approved  of  its  suggestions.  This  answer  waa 
received  by  iV.v  ^j:vnil  on  the  second  night  he 
rennii!ied  at  Big  Croeiv,  ,vhich  is  four  miles  in 
adviuce  of  Hartford,  (Jeo-gia,  and  before  hi.s 
arrival  at  Fort  Scott,  to  tike  command  of  the 
troops  in  that  (piarter. 

"tleneral  Jackson  had  ahvady  reciived  or- 
ders, vesting  him  with  uiscretionary  powers  in 
relation  to  the  measures  necessary  to  put  an 
end  to  the  war.  He  had  informed  the  President 
in  his  confidential  letter,  that  in  his  judgment  it 
was  necessary  to  seize  and  occupy  the  whole  of 
Florida.  This  suggestion  had  been  considered 
by  Mr.  Calhoun  and  the  President,  and  appiov- 
ed.  From  this  conlidential  correspoiulence  befom 
he  entered  Florida,  it  wius  undeistood  on  both 
sides,  that  under  the  order  received  by  him  hu 
would  occupy  tlie  whole  province,  if  an  occasion 
to  do  .so  should  present  itself;  as  Mr.  (.'alhiain 
wrote  to  Governor  IJibb,  he  was 'authorized  lu 
conduct  the  war  as  he  thought  Ih'si;'  and  Iiow 
he  '  thought  best '  to  conduct  it  was  then  made 
known  to  the  Executive,  and  ajiproved,  before 
he  struck  a  blow. 

"In  the  approval  given  by  Mr.  Monroe  ujion 
the  advice  of  .Sir.  Calhoun  to  the  suggestions  of 
(ieneral  Jackson,  lie  acted  in  strict  obcdiince  lo 
the  laws  of  his  country.  By  the  secret  act  of 
Congress,  tlie  Pre.-ident  was  authorized,  under 
circumstances  then  existing,  to  seize  and  wciipy 
all  Florida.  Orders  had  been  given  which  were 
sullicieiitly  general  in  their  terms  to  cover  that 
object.  The  contldential  coriTspondeiice,  and 
private  understaiMling,  made  them,  so  far  as  re- 
gardi'«I  the  iwrties.asetl'ectiially  onleis  totuheand 
ortiipijthe  I'liivin.e  oj  Fbtrida  as  if  that  ob- 
ject had  bren  declared  on  their  face. 

"  I'lKler  these  circumstances  General  .Iack.son 
entired  Florida  with  a  perfect  rii-ht,  according 
to  international  law,  and  the  constitution  and 
laws  of  his  country,  to  take  possession  of  tho 
whole  t<>rritory.  He  was  clothed  with  all  llio 
lM)Wei  of  the  President,  and  authorized  '  to  con- 
duct the  war  as  iic  iltought  hist.'  Ho  had  or- 
ders OS  gineral  ami  compixhensive  as  words 
could  make  them:  he  had  tlie  conlUKntial  appro* 
bation  of  the  Pre-ident  to  his  colldintial  lecom- 
mendutioii  tu  bei2>;  Florida :  and  he  eulered  tUa 


ANNO  1830.     ANDREW  JACKSON,  PRESIDENT. 


171 


ill'  I  was  sc- 

it  was  from 

<>  read,  aft,., 

'lilt'  ordor 

stir  had  l)c. 

IT   IKTIIsiliff 

one  iclatiiij» 

fr.  Callioiin, 
'»  lontaiiad 
Air.  Joliii 
liOMcd  liini 
'•'I   liiin    |„ 
'■iqiii'st  Mr. 
nil  (ii'niTal 
vii  liiiii  tlif 
to-itak'diut 
•nsuir  M aa 
kI  riiffht  ho 
'"'■  inili'.s  ill 
Wimv   his 
and  of  (ho 

M'<  ivod  or- 

powers  ill 

to  i)iit  an 

I'lesidc'iit 

•Igiiii'iit  i( 

■  wholo  of 

I'on.sidert'd 

"I  ajiprov- 

I'lU'i-hcCoiu 

"I  «'n  iiith 

h'  I'i'ii  li(i 
II  (wasion 
'.  t'alhoiin 
liorizud  to 
and  hdu- 
lii-ii  iiiadf 
I'd,  bc'foru 

II'OO  U|)<>I| 
•StlOKS  of 

'diinLv  (0 
I't  art  of 
■(I.  iiiidir 


iH'ciipy 


lii'h  were 
'ver  tliut 
lice,  and 
ar  as  re- 
tiikiuiiU 
that  ob- 

Juekson 

x'oidiii^ 

ion  and 

of  thu 

all  thu 

to  eon- 

iiad  or- 

wonls 

appro- 

lecoiH- 

cil  tho 


province  with  the  full  knowledge  that  not  only 
justice  and  iK)Iicy  hut  tiie  hiws  of  liis  country, 
and  the  oniers  of  tlie  President  as  publicly  and 
privately  e.\plained  and  undei-sto<Ml,  wonld  justi- 
fy him  in  e.xiK'ilinp;  every  Spanish  narriKon,  and 
extendinfr  the  jnri.><diction  of  the  rnite<l  States 
over  every  inch  of  its  territory. 

•"Nevertheless,  (Jeneral  Jackson,  from  his 
knowledge  of  tiie  situation  of  affairs  m  Florida, 
e.\|)ccted  to  lind  a  justification  for  hini.self  in  the 
cou(hiet  of  the  Spanish  authorities.  On  the  con- 
trary, hail  he  foinid  on  enleriuf;  the  province 
that  tiie  agents  and  oiHcers  of  Spain,  instead  of 
instigating,  encouraKinn  and  suiijiiyiii}^  tiie  Indi- 
ans, had  used  all  tlie  means  in  their  jKiwer  to 
prevent  and  put  an  end  to  hostilities,  he  would  not 
imvc  incurred  l!ie  responsihillty  <if  .-lizin;^  their 
fortresses  and  expelling  them  from  the  country. 
But  he  wrote  to  the  President,  and  entered  ujjon 
tho  campaign  with  otlier  expectations,  and  in 
these  he  wa.s  not  disapjiointed. 

"  As  he  approa'-hed  St.  .Marks  it  was  ascer- 
tained that  it  was  a  place  of  rendezvous  and  a 
.'iource  of  supply  for  the  Indians.  Their  councils 
had  been  helil  within  its  walls:  its  storehouses 
were  ajipropriatcd  to  their  use :  they  ha<l  there 
obtained  supplies  of  ammunition :  there  they  had 
found  a  maket  for  their  phunler :  and  in  the  com- 
mandant's family  resi<Ie«l  Alexander  Arlmthnot, 
the  chief  instigator  of  the  war.  Moreover,  the 
negroes  and  Indians  under  Ambrister  threatened 
to  diivo  out  the  feeble  Spanish  p;arris(m  and  take 
entire  po-isessiim  of  tlic  f  irt,  as  a  means  of  protec- 
tiiui  for  themselves  and  annoyance  to  the  tnited 
States.  In  these  circumstances  (Jeneral  Jack.'ion 
found  enough  to  justify  him  in  assuming  tlie  re- 
Hponsibility  of  .seizing  and  occupying  that  ]K).st 
with  an  American  garrison. 

"The  Indians  had  been  dispersed,  and  St. 
Marks  occupied.  No  facts  had  as  yet  appeared 
which  would  justify  (Jeneral  .lack.son  in  a.ssum- 
ing  the  responsibility  of  occupying  the  other 
S|)anish  |)0sts  in  Florida,  lie  considered  the 
war  as  at  an  end,  and  was  about  to  di.s<'harge  a 
considerable  "Mirlion  of  his  force,  when  Ins  was  in- 
formed that  a  ])orti(m  ol  the  hostile  Indians  had 
been  received,  fed  and  supplied  by  the  Spanish 
authorities  in  Pensacola.  lie  therefore  directed 
his  inarcli  u|M>n  that  |M>int.  On  his  ailvance  lie 
received  a  letter  from  the  governor,  denouncing 
his  entry  into  Florida  as  a  violent  outrage  on 
the  rights  of  S|Miin.  reipiiring  his  immediate  re- 
treat from  the  Territory,  and  threatening  in  case 
of  refusal  to  use  force  to  expel  him.  This  dec- 
Iarati(Mi  of  hostilities  on  the  part  of  the  Spanish 
authorities,  instead  of  removing,  tended  to  in- 
crease the  niHvssity  for  the  (Jeneral's  advance, 
because  it  was  manifest  to  both  jiarties  that  if 
the  .\mericanarmy  then  left  Floricla.  the  Indians, 
under  the  belief  that  there  they  would  always 
llnd  a  sale  retreat,  would  coinmence  their  bloody 
incursions  u|>»)n  our  frontiers  with  reiiouliled 
f\u y ;  and  (ieneral  .lackson  was  wart-.ed  that  if 
he  left  any  |iorlion  of  his  army  to  res'rain  the 
ludiuus,  and   retirv<l   with   hid  main  I'orce,  tiie 


Spaniards  would  be  ojienly  united  with  the  In- 
dians to  ex"el  the  whole,  and  thus  it  became  ;m 
lU'ces.-ary  iii  order  to  terminate  the  war  to  de- 
stroy or  capture  the  Spanish  force  at  Pensacola 
as  thu  Indians  themselves.  In  this  attitude  of 
the  Spanish  governor,  and  in  the  far*  that  the 
hostile  Indians  were  received,  fid,  .Ictlnd.  f'lr- 
nished  with  nnniiticMis  of  war.  i>nd  that  their 
plunder  was  nnrchnsed  in  Per.siii>/la,  (ieneral 
.la(;kson  found  a  justification  foi  seizing  that 
post  also,  and  holding  it  in  thu  nkiiic  of  the  I'ni- 
ted  States, 

'•  St.  Augustine  was  Hlill  in  the  hands  of  tho 
Spaniards,  ami  no  act  of  tin*  authorities  or  {k'o- 
ple  of  that  place  was  known  to  (Jeneral  .laekson 
previous  to  his  return  to  Tennessee,  which  would 
.sustain  hiiu  in  assuniing  the  res|M)nsil.ility  of 
occupying  that  city.  However,  alniul  the  7tl» 
of  .August,  iHiH.  he  n'ceived  information  that  the 
Indians  were  tliere  also  rcccivd  and  supplie*!. 
On  that  flay,  therefore,  he  issued  an  oid  i  to 
(Jeneral  (James,  directing  him  to  co".  ^t  the  evi- 
dences of  those  fm'ts.  and  if  they  were  well  Ibmid- 
ed,  to  take  |if)ssession  of  that  jilace.  The  fol- 
lowing is  an  e.vtraet  from  that  order; 

'•  •  I  have  noted  with  attention  .Major  Twigg.s' 
letter  marked  No.  5.  I  eonteuiplated  tli;it  the 
agents  of  Spain  or  the  officers  of  Fort  St.  .Xu^iis- 
tine  would  excite  the  Indians  to  hostility  and 
furnish  them  with  the  means.  It  will  U-  neces- 
•sary  to  ol)tain  evidence  .vubstantiatiii;:  this  liicl, 
ami  that  the  hostile  Imlians  have  U-en  fid  .uid 
furnished  from  the  garrison  of  .St.  Augustine. 
This  being  obtaine(l,  shouhl  yon  dwm  your  fnreo 
sulllcient.  you  will  pnK-eed  to  take  and  gariison 
with  American  troops.  Fort  St.  Augustine,  and 
h(dd  the  garri.son  prisoners  until  you  hear  from 
the  President  of  tho  United  States,  or  transport 
them  to  Cuba,  as  in  your  judgment  under  exist- 
ing eircum.stances  you  may  think  Ijest.' 

"  An  order  had  .some  time  l)efore  been  given  to 
the  oHlcer  of  ordnance  at  Charleston,  to  hiive  in 
readiness  n  battery  train,  and  to  him  (lenerai 
(Jaines  was  referred. 

"  The  order  to  take  St.  Augustine  has  often 
been  adduced  as  evidence  of  (jeneral  .lackson's 
determination  to  do  as  he  pleased,  without  re- 
gard to  the  orders  or  wishes  of  his  governtui  nt. 
Though  justifiable  on  the  ground  of  self-defence, 
it  would  never  have  been  issue<l  but  for  the  ct)n- 
lidential  orders  given  to  (Jeneral  (Jaines  and 
Colonel  liankhead.  to  take  |H)sse.ssion  of  .Vinelia 
Island  forcibly,  if  not  yielded  paceably.  and 
when  jK).s.sesseil,  to  retain  and  fortify  it ;  and  the 
.Secret  un<Ierstan<ling  which  existed  between  him 
and  tho  government,  in  consequence  of  which  ho 
never  doubted  that  he  was  acting  in  compliance 
witli  the  wi.'he.s,  and  in  aecordan-e  with  tho 
orders  and  ox|H'ctationsof  the  President  and  Sec 
retary  of  War. 

"  To  show  more  conclusively  thi  impre.ssionj 
inider  which  (Jeneral  Jackson  acted.  referenc« 
.should  Ih!  had  to  the  fact  that,  at\er  the  capture 
of  the  Spanish  forts,  he  instructed  Captain  (Jads- 
den  to  prepare  and  re|)ort  a  plan  for  the  iK-runtr 


^!'!^ 


m 


THIRTY  YEARtt'  VIEW. 


l^f 


P 


fi; 


■  iiii 


ii'  \ 


nnit  (liffiico  of  Flotilla,  wliicli  was  npcoaltlo  to 
tin-  roiitidi'iitial  onlcis  to  «iciu'ral  (iaiiics  an<] 
Col.  lianklicail  hcforc  n'ftrri'(|  to.  Of  tliis  lie 
inloriiii'il  lln'  Si'cii'lary  of  War  in  a  (lis|iat('h 
(latc'ij  '2i\  •Jiiiic.  iMlM,  of  wliicli  the  following  Ik 
an  IX tract  :— 

•••  Captain  TiailsiK'n  w  instmrti'd  to  ])ii>|iari! 
and  rc|H)rt  on  the  necessary  defirnvs  as  far  n« 
the  military  roconnoissanccs  ho  has  taken  will 
permit,  aeconipained  with  plans  of  existu)(; 
works;  what  additions  or  iinproveinents  are 
ner'es.sary.  and  what  new  works  .should,  in  his 
opinion,  he  erected  to  I'lrr  jwniKtiieiit  nvcuvilij 
to  thiit  inijxtrtitut  tcrrilurial  aihlition  to  ouv 
repuliiic.  As  soon  as  the  re|)ort  is  pre|>ared. 
Captain  (iadsdeii  will  leeeive  orders  to  repair  to 
Washinjiton  City  with  some  other  docnnients 
which  1  may  wish  to  confide  to  liis  charfje.' 

"  This  plan  was  completed  and  forwarded  to 
Mr.  Calhoun  on  the  Ittth  of  the  sncnrdin^  Au- 
gust, hy  Captain  tiadsden  himself,  with  a  letter 


fiwn  (Sen, 


»n,  t»i„'iiip;  the  necessity  not 


only  of  letnininjr  [msse.ssion  of  St.  Marks,  hut 
Pensttcola.  The  followin;;  is  a  part  of  that  let- 
tor: 

••'Captain  Ga<l.sden  will  also  deliver  you  his 
r(>|K>rt  made  in  pinsinincc  of  niv  order,  accomjia- 
nied  with  the  jilans  of  the  fortffications  lhou'_'ht 
necessary  for  the  defence  of  the  I'Mnridjis.  in  con- 
nection with  the  line  of  defence  on  our  Southern 
frontier. 

'•  •  This  was  done  under  the  Ixlief  that  the 
jrovernment  will  never  jeopiirdi.'.e  the  safety  of 
the  Cnion.  or  the  security  of  our  frontier,  l>y  sur- 
renderiufr  those  iK)sts,  and  the  |M)ssession  of  the 
Kloridas,  unless  M|K)n  a  sure  )>;iiar;tntv  ajrreeiihle 
to  the  stipulations  of  the  articles  ol  ca|iitulution. 
that  will  insure  |)ermanent  |H'ace,  trmnpiillity  and 
security  to  our  Southern  frontier.  It  is  lielieved 
that  Spain  can  never  furnish  this  guaranty.  As 
\w\'^  as  there  are  Indians  in  Florida,  and  it  is 
jR)>s('ssed  liy  Spain,  they  will  he  e.vcited  to  war, 
and  the  uidiscriminate  nnirder  of  our  citizens,  hy 
foreifin  ajients  conihined  with  the  olhcirs  of 
Spain.  The  duplicity  and  conduct  of  Spain  for 
the  last  six  years  fully  prove  this.  It  was  on  a 
belief  that  the  Fioridas  woidd  he  hel.'.  'liat  my 
order  was  fjivcn  to  Captain  tiacLsden  to  make  the 
rejiort  he  has  done.' 

"  Apain :  'By  Captain  (iadsden  you  will  re- 
ceive .some  letters  lately  inclosed  to  me,  detailing 
the  information  that  the  Spaiiianls  at  Fort  St. 
Augustine  are  again  exciting  the  Indians  to  war 
against  us,  and  a  copy  of  my  order  to  (Semral 
(iaines  on  this  .subject.  It  is  what  1  expected, 
and  proves  the  justice  and  sound  policy  of  not 
only  holding  the  posts  we  are  now  in  |io.ssession 
of.  but  of  possessing  our.selves  of  St.  Augustine. 
This,  and  this  alone  cati  give  us  peace  and  st  u- 
rity  on  "our  Southern  frontier.'" 

"It  i.s  thus  clearly  shown  that  in  taking  jnis- 
scssion  of  St.  Marks  and  Fensacoliv  and  giving 
orders  U  take  St.  Augustine,  I  was  acting  vnthin 
the  letter  as  well  as  spirit  of  my  orders,  and  in 
ftcconlancc   with   the  secret  understanding  be- 


tween the  government  anil  myself,  and  imder  a 
full  |H'rsnasion  that  tl.ese  fortivsseH  wouhl  never 
again  he  iH-rmilled  by  our  government  to  pasii 
luidcr  the  dominion  of  Spain.  From  the  time  of 
writing  my  confidential  letter  of  the  (1th  of  Jan- 
uary to  the  date  of  this  disjiatch,  the  Ktth  of 
August,  IHIH,  I  niver  liad  an  intimation  that  the 
wishes  of  the  g«»verinnent  had  changed,  or  that 
less  was  ex|KTte(l  of  me,  if  the  occasion  should 
[irove  favorable,  than  the  occupation  of  the  whole 
of  Florida.  On  the  contrary,  either  by  their 
direct  approval  of  my  meastires,  or  tlieir  silence, 
the  President  and  Mr.  Calhoun  pave  me  reason 
to  sn|)posc  that  I  wa.>«  to  Ik!  sustainiHl,  and  that 
the  Fioridas  after  being  occupied  were  to  be  held 
for  the  benefit  of  tlie  I'nitetl  States.  I'pon  re- 
ceiving my  orders  on  the  1 1th  of  January,  I  took 
instant  measures  to  liring  into  the  field  a  siilli- 
cient  force  to  accomplish  all  the  objects  .suggestei I 
in  my  confidential  letter  of  the  (itii,  of  which  ( 
informed  the  War  Department,  an<l  .Mr.  Calhoun 
in  his  reply  dated  20th  Jnntiary,  18  KS,  after  the 
rweipt  of  my  confidential  letter,  and  a  full  know- 
le<lge  and  approbation  of  my  views  says : — 

""i'he  measures  you  have  taken  to  l)ring  an 
efficient  force  into  the  field  are  api>robated,  and 
a  confident  hope  is  entertained  thai.  ;i  sjH'edy 
and  successful  termination  of  the  Indian  war  will 
follow  your  exertions.' 

"Having  received  further  details  of  my  |)re- 
paralions,  not  only  tn  terminate  the  Seminolo 
war,  but,  as  thi'  {'resident  and  liis Secretary  will 
knew,  to  orciijiy  riiiridu  also.  .Mr.  Calhoun  on 
the  (ith  February,  writes  as  follows: — 

"'I  have  the  lionor  toacknowk-ilge  the  receipt 
of  your  letter  of  the  2iith  idt..  and  to  acipiaiut 
vou  with  the  entire  approbation  of  the  President 
of  all  the  measures  you  have  adopted  to  termi- 
nate the  rupture  with  the  Indians.' 

"On  the  liithof  May  following,  with  a  full 
knowledge  that  I  intended  if  a  favorable  (M-ca.Mon 
presented  itself  to  occupy  Florida,  and  that  the 
ilesign  had  the  approbation  of  the  President.  .Mr. 
Calhoun  wrote  to  ( lovernor  Hibb,  of  Alabama,  the 
letteralivady  alluded  to. concluding  asfoHows: — 

""(Jeueral  Jackson  is  veste<l  with  full  powers 
to  conduct  the  war  in  the  manner  he  may  deem 
best.' 

"On  the  2M\  of  March,  1818,  I  informed  Mr. 
Calho\m  th.-it  I  intended  to  occupy  St.  .Marks, 
and  on  the  Htli  of  April  1  informe<l  him  that  it 
was  (lone. 

"  .Not  a  whisper  of  disapprobation  or  of  doubt 
reached  me  fi-om  the  govenmient. 

"On  the  .'ith  May  I  wrote  to  Mr.  Calhoun 
that  I  was  about  to  move  uinm  Pcnsacola  with 
a  view  of  occujjying  that  place. 

••  Again,  no  i  eply  was  ever  given  disapproving 
or  discountenancing  this  movement. 

"On  the  2«I  of  .fune  I  infornio<l  Mr.  Calhoun 
that  I  had  on  the  24th  .May  entered  I'ensacola, 
an<I  on  the  28th  had  received  the  surrender  of  tho 
Barranca.^. 

"  Again  no  reply  v.-ns  given  to  this  letter  ex 
prcbsiu?  any  di.snppi^oval  of  these  acts. 


ANX(3  182».     ANDREW  JACKHON.  rUK>lII)ENT. 


173 


•'In  fliip,  from  the  nrr-ipt  of  Ou'  Pnxiilciit'H   wbw  (loxirnlik'  to  «lo  ho,  wliirli  intinintion  Wiut 
ri'|ily  to  my  contldontinl   lot  tor  of  (Uh  Joiuiiiry,  |  niven ;   thnt  tlioy  linrl  ^'ivon    mo   orcl«i'^  Jinmd 
ISIS  tliroiigh  Mr.  Hhoa,  until  tho  rccoipt  of  the   onoiiKh  to  itnnrtion  all  tlint  wur  (lon< 
Prt'HHlcnt'M    private 


private  lottcr,  (luted  I'.Uh  July 
is  18,  I  retx-ived  no  instruotionn  or  iiitimntionH 
fioni  the  government  public  or  private  that  my 
o|K'rntionH  in  Florida  wore  other  than  Hueh  as 
the  President  and  Secretary  of  War  exported 
and  Hpprovo<l.  I  had  not  a  douht  that  I  had 
Botod  ill  every  resjtect  in  wtriet  aceordanro  with 
their  viowH,  and  that  without  pidiliely  avowing 
that  thoy  had  aiithorizoil  my  meaHures  they  woiv 
ready  at  all  limos  an<l  umlor  all  oirouniNtanccfl 
to  sustain  me ;  and  that  as  there  were  sound 
reasons  and  just  itialilo  eauso  for  taking  |H>ssossion 
of  Florida,  thoy  would   in    pursuanre  of  their 


that  Mr. 
Calhoun  ha<l  oxpn'ssly  interjin-ted  those  orderH 
as  vesting  me 'with  lull  |K>wer  to  oonduot  thu 
war  as  he  (I)  might  think  host  ;'  that  thoy  had 
expressly  approvetl  of  all  my  pnparations  and 
in  silonre  witnessed  all  my  oin'ralioiis.  I  nder 
thes«'  eircumstanceH  it  was  imiK)SHihlo  ft)r  me  to 
iK'lieve,  whotever  change  might  have  taken 
pliMo  in  their  views  of  pu)>li^'  policy,  that  oillu  r 
the  President  or  Mr.  Calhoun  «'<iulr|  have  origi- 
nated or  countenanced  any  pronosilion  tending 
to  cast  censure  upon  me,  miieh  less  lo  producu 
my  arrest,  trial,  and  punishment. 

•'If  those  facts  and  statoiiienls  could  have 
private  understanding  with  me  retain  it  as  in- j  lell  nnxn  for  a  douht  in  relation  to  .Mr.  Calhoun's 
<leninily  for  tho  s|Miliations  oonimitto<i  hy  Span-  [  approval  of  my  wnduct  and  of  hi-  riiomlship  for 
ish  siihjects  on  our  <'itii8ous,  and  as  security  for  mo.  I  had  other  evidence  of  a  naiuro  |Mrl'o<tly 
the  |K'a(!o  of  our  .Southern  ffontior.  I  was  will- 1  oonoiusive.  In  .\ugnsi.  IhlH.  Colonel  A  P.  Iluvne. 
ing  to  rest  my  vindication  for  taking  tho  |H)sts  liis)Kclortionit.ilof  the  .Soiitin  in  |)i\i»ion.  who 
on  the  ho-itile  conduct  of  their  odlcors  and  garri- ,  had  s(  rvod  in  this  campaign,  laiiio  to  Wa^hing- 
son>i,  IxMiring  all  the  res|)Oiisil)ility  my.self :  hut  I  \  ton  to  >ettle  his  accounts,  and  resign  his  stall  ap- 
cx|nrted   my  govornment  would    find    in    their  |  |ioiii(mont  in  the  army,     lie  was  the  fellow-cili- 


clainis  u|>on  Spain,  and  the  danger  to  which  our 
frontier  would  again  lie  ex|H)Sf(l,  sulllciont  rea- 
sons for  not  again  delivering  them  into  the  pos- 
.session  of  S|iain. 

It  was  late  in  August  hofore  I  received  nfTlcial 


xen  and  friend  of  Mr.  Calhoun,  and  hold  constant 
jR'isonal  interviews  with  him  for  some  woiks  in 
settling  his  acc«>unts.  On  the 'J4th  Septeinlsr  hu 
addrossi*<l  a  letter  to  nie,  stating  that  ho  had 
closed  his  puhlic  a<>(H)unts  entin-ly  to  '    •*  .satisfuc 


infornnition  of  the  division  of  the  government  to  tion,  and  in  relation  to  puhlic  utlairs  uniong  olhei 
restore  the  iK)st.M,  and  alM)iit  the  same  time  I  saw    things  ri'marks: — 

it  stated  in  the  (ieorgia  Jouiiml  that  the  caliinet '  "'The  course  the  administration  has  thonuhl 
had  hion  divided  in  relation  to  the  course  pur-  [  prop«T  to  adopt  is  to  me  iuf.rpliaihlr.  'riii-y 
sued  hy  me  in  Florida;  and  also  an  extract  of  a    irtoin  Si.  Markn.  and  in  the  same  liroath  ;,'ir« 


loiter  in  a  Nashville  |ia|H'r,  alleging  that  a  move 
mont  had  l>oeii  mado  in  the  cahinvt  against  me 
which  was  attrihutod  to  Mr.  Crawford,  in  wliich 
extract  it  is  expressly  stated  that  1  hod  been 
triumphantly  vindicated  hy  Mr.  CnUinun  an<l 
Mr.  Adain.s.  lioiiig  cmivinced  that  the  course  I 
had  iinrsiied  woh  justiilod  hy  considerations  of 
public  is>licy,  by  the  laws  of  nations,  by  the 
state  of  things  to  which  1  have  referred,  mid  by 
the  instriictionN,  intimations,  and  aci|uioscen<-e 
of  the  gf)vernment.  and  lielieviiig  that  the  latier 
hwl  bi-en  communicated  to  all  the  memliers  of 
the  cabinet,  I  considered  that  such  a  movement 
by  Mr.  (Vawford  was  founded  on  considerations 
foreign  to  the  public  intort-sts,  and  por.sonally 
inimical  to  me;  and  ihorofore,  after  the -e  pub- 
lic and  explicit  intimations  of  what  had  occurred 
m  the  cabinet,  I  was  prepared  to.  and  did  believe 
that  Mr.  Crawford  was  bont  on  my  de>truction, 
and  was  the  author  of  the  movomont  in  the  cal>- 
inet  to  which  they  referred.  1  the  more  readily 
entertained  this  belief  in  i->  lation  to  him  (in 
which  1  am  rejoiced  to  avail  mysoU'of  ihU  public 
occasi(m  to  say  1  did  him  injustice)  la'caiise  it 


up  Poiisacola.  Who  can  coiiiprohonil  this  /  'I'll* 
American  nation  |Misse.s.sos  discornuiont,  and  will 
judge  for  thom-iolves.  Indeed,  sir,  I  four  thai 
Mr.  Monroe  ha-  on  the  present  iM-casion  yielded 
to  the  opinion  of  those  alsiiil  him.  1  cannot  lie- 
lieve  that  it  is  the  result  of  his  own  honest  con- 
viction-;. Ml ,  Calhoun  certainly  think  ■.  with  you 
altog*  her,  although  after  tho  decision  ol  th( 
cabinet,  he  must  of  r-onrso  noinmully  support 
wliiil  has  lieeii  done.'  And  i.  iinoiher  loiter, 
dated  '2I.st  danuary.  ISlI'.  he  sa_\  '.since  1  last 
saw  you  I  have  travelled  through  West  and  F.ast 
Tenn'eswe,  through  Kentucky,  thnnigh  (Hiii>, 
through  tin-  western  and  eastern  put  of  Pen  - 
sylvania.  and  the  wli"le  of  N'irginiii  'lave  In .  n 
nnicli  in  Italtimore  and  riiladolpL  ,i.  and  th« 
united  voii  ■  of  the  |s'opl«  .  if  those  States  and 
towns  (and  I  have  taken  gnat  pains  to  inroini 
myself)  approve  (»f  yoi  roondiict  in  every  rcs|Hct. 
And  the  |KH)ple  of  tho  L  iiiled  .States  at  large  en- 
tertain precisely  the  same  opji  mn  with  the  |ieo- 
plo  of  those  States.  So  does  tho  aduiinistiation, 
to  wit:  .Mr  Monroe.  Mr.  CiiUkhiii.  ami  Mr. 
.\danis.     Mr.  Monroe  is  yowr  Jrifiid.     lie  has 


was  impossible  that  I  should  suspect  that  any  i'lenlificil  you  with  IJiuseif.  After  the  mo.si  mi|. 
proposition  to  punish  or  cvnsniv  me  could  comu  1  tuiv  reflection  and  dei  'n'lation  n|Min  all  o'  your 
from  either  the  I'resident  or  Mr.  Calhoun,  as  1  o|)eralion.s,  he  has  covi  red  your  conijuit.  lint  I 
well  knew  that  I  had  expres.setl  to  the  Presi-  am  candid  to  ••onfess  that  ho  did  not  adopt  this 
(Tent  my  opinion  that  Florida  ought  to  be  |  line  of  conihict  (in  my  mind)  as  sihiu  as  hoought 
taken,  and  had  otlered  to  take  it  if  ho  would  I  to  have  done.  Mr.  Adams  has  done  honor  t« 
give  mc  uu  intimation  through  Mr.  Uheu  that  it  j  his  country  and  himself.' 


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23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  MS80 

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174 


THIRTY  YEARS'  VIEW. 


I.J  /.-i     I 


'•  Colonel  Ilayne  is  a  man  of  honor,  and  did 
not  intend  to  deceive  ;  I  had  no  donbt,  and  have 
none  now.  that  he  derived  his  impressions  from 
conversations  with  Mr.  Oalhoun  himself;  nor 
have  1  any  doubt  that  Mi*.  Calhoun  purposely 
conveyed  those  impressions  that  they  mi{;;ht  be 
communicated  to  me.  Without  other  evidence 
than  this  letter,  how  could  I  have  understood 
Mr.  ('alhotm  otherwise  than  as  approving  my 
whole  conduct,  and  as  having  defended  me  in 
the  cabinet?  IIow could  I  have  understood  any 
seeming  dissent  in  his  official  communications 
otherwise  than  as  arising  from  his  obligation  to 
give  a  'nominal  support'  to  the  decision  of  the 
cabinet  which  in  reality  he  disapproved  ? 

"  The  reply  to  my  confidential  letter,  the  ap- 
proval of  my  preparations,  the  silence  of  Mr. 
Calhoun  during  the  campaign,  the  enmity  of  Mr. 
Crawford,  the  language  of  the  newspapers,  the 
letters  of  Colonel  Hayne.  and  other  letters  of 
similar  import  from  other  gentlemen  who  were 
on  familiar  terms  with  the  Secretary  of  War, 
left  no  doubt  on  my  mind  that  Mr.  Calhoun 
approved  of  my  conduct  in  the  Seminole  war 
'  altogether ; '  had  defended  mo  against  an  attack 
of  Mr.  Crawford  in  the  cabinet,  and  was,  through- 
out the  struggle  in  Congress  so  deeply  involving 
my  character  and  fame,  my  devoted  and  zealous 
frienfl.  This  impression  was  confirmed  by  the 
personal  kindness  of  Mr.  Calhoun  towards  me, 
during  my  visit  to  this  city,  pending  the  proceed- 
ings of  Congress  relutivc  to  the  Seminole  war, 
and  on  every  after  occasion.  Nor  was  such  con- 
duct confined  to  me  alone,  for  however  incon- 
sistent with  his  proposition  in  the  cabinet,  that 
I  should  ■  be  punished  in  some  form,'  or  in  the 
language  of  ^Ir.  Adams,  as  to  what  passed  there 
'  that  General  -Jack.son  should  be  brought  to 
trial,'  in  several  conversations  with  Colonel  Rich- 
ard M.  Johnson,  while  he  was  preparing  the 
counter  report  of  the  Military  Committee  of  the 
IIoiiso  of  Representatives,  Mr.  Calhoun  always 
spoke  of  me  with  respect  and  kindness,  a7id  ap- 
proved of  my  course. 

"So  strong  was  my  faith  in  Mr.  Calhoun's 
fricnd.^aip  that  the  appointment  of  Mr.  Lacock, 
shortly  after  he  had  made  his  report  upon  the  Se- 
minole war  in  the  Senate,  to  an  important  office, 
although  inexplicable  to  me,  did  not  shake  it. 

"  1  was  informed  by  Mr.  Rankin  (member  of 
the  House  of  Representatives  from  Mississippi), 
and  others  in  1823  and  1824,  once  in  the  presence 
of  Colonel  Thomas  II.  Williams  (of  Mississippi) 
of  the  Senate,  that  I  had  blamed  Mr.  Crawford 
unjustly  and  that  Mr.  Calhoun  was  the  instigator 
of  the  attacks  made  upon  me :  yet  in  consequence 
of  the  facts  and  circumstances  already  recapitu- 
lated tending  to  prove  Mr.  Calhoun's  approval  of 
my  course,  I  could  not  give  the  assertion  the  least 
credit. 

"Again  in  1825  Mr,  Cobb  told  mo  that  I 
blamed  Mr.  Crawford  wrongfully,  both  for  the 
attempt  to  injure  me  in  the  cabinet,  and  for  hav- 
ing an  agency  in  framing  the  res'^lutions  which 
ho  (Mr.  Cobb)  offered  in  Congress  censuring 


my  conduct  in  the  Seminole  war.  He  stated  on 
the  contrary  that  Mr.  Crawford  was  opposed  to 
those  resolutions  and  always  asscrtct'  that 
'  General  Jackson  had  a  sufficient  i/tfonce 
whenever  he  chose  to  make  it,  and  that  the  at- 
tempt to  censure  him  would  do  him  good,  and 
recoil  upon  its  authors  ;'  yet  it  was  impossible 
for  me  to  believe  that  Mr.  Calhoun  had  been  my 
enemy;  on  the  contrary  I  did  not  doubt  that 
he  had  been  my  devoted  friend,  not  only  through 
all  those  difficulties,  but  in  the  contest  for  the 
Presidency  which  ended  in  the  election  of  Mr. 
Adams. 

"  In  the  Spring  of  1828  the  impression  of  Mr. 
Calhoun's  rectitude  and  fidelity  towards  mo 
was  confirmed  by  an  incident  which  occurred 
during  the  progress  of  an  effort  to  reconcile  all 
misunderstanding  between  liim  and  Mr.  Craw- 
ford and  myself.  Colonel  James  A.  Hamilton 
of  New- York  inquired  of  Jlr.  Calhoun  himself, 
at  Washington,  'whether  at  any  meeting  of  Jlr. 
Monroe's  cabinet  the  propriety  of  arresting  Gen- 
eral Jackson  for  any  thing  done  during  the  Sem- 
inole war  had  been  at  any  time  discussed  ? '  Mr. 
Calhoun  replied,  '  Never :  such  a  measure  was 
not  thought  of,  much  less  discussed.  The  only 
point  belbre  the  cabinet  was  the  answer  to  be 
given  to  the  Spanish  government.'  In  conse- 
quence of  this  conver.sanon  Colonel  Hamilton 
wrote  to  Major  Lewis,  a  member  of  the  Nashville 
committee,  tliat  'the  Vice-President,  who  you 
know  was  the  member  of  the  cabinet  best  ac- 
quainted with  the  subject,  told  mo  General  Jack- 
son's arrest  was  never  thought  of,  much  less 
discussed.'  Information  of  this  statement  re- 
newed and  strengthened  the  impression  relative 
to  the  friendship  of  !Mr.  Calhoun,  which  I  had 
entertained  from  the  time  of  the  Seminole  war. 

"  In  a,  private  letter  to  Mr.  Calhoun  dated 
25th  May,  1828,  written  after  tlie  conversation 
with  Colonel  Hamilton  had  been  communicated 
to  me,  I  say  in  relation  to  the  Seminole  war : 

'"I  can  have  no  wish  at  this  day  to  obta'n  an  ex- 
planation of  the  orders  under  which  I  acted  wliilst 
charged  with  the  campaign  against  the  Seminole 
Indians  in  Florida.  I  viewed  them  when  received 
as  plain  and  explicit,  and  called  for  by  the  situation 
of  the  country.  I  executed  them  faithful!}-,  and 
was  happy  in  reply  to  my  reports  to  the  Depart- 
ment of  VVar  to  receive  your  approbation  for  it. ' 

"Again:  'The  fact  is,  I  never  had  the  least 
ground  to  believe  (previous  to  the  rcci'iilion  of 
Mr.  Monroe's  letter  of  19th  July,  1818)  that 
any  difference  of  opinion  between  the  goveinineut 
and  nij-self  existed  on  the  subject  of  my  poweis. 
So  far  from  this,  to  the  communications  which  I 
made  showing  the  construction  which  I  placed 
upon  them,  there  was  not  only  no  diflerence  of 
opinion  indicated  in  the  replies  of  the  Executive, 
but  as  far  as  I  received  replies,  an  entire  ajiiiroval 
of  the  measures  which  1  had  adopted. ' 

"  This  was  addressed  directly  from  me  to  Mr. 
Calhoun,  in  May,  1828.  In  his  reply  Mr.  Cal- 
houn does  not  inform  me  that  I  was  in  enor. 
He  docs  not  tell  me  that  he  disapproved  my  con 


ANNO  1830.     ANDREW  JACKSON,  PRESIDENT. 


173 


iAIr. 


to  Mr. 
Cal- 
onor 
ycon 


duct,  and  thought  I  ought  to  liave  been  punished 
for  a  violation  of  orders.  He  does  not  inform 
me  that  he  or  any  other  had  proposed  in  the 
cabinet  council  a  court  of  inquiry,  or  any  other 
court.  He  says  nothing  inconsistent  with  the 
impression  already  made  upon  my  mind — noth- 
ing which  might  not  have  been  expected  from  one 
who  had  been  obliged  to  give  a  '  nominal  sup- 
port '  to  a  decision  which  he  disapproved.  His 
reply,  dated  10th  July,  1828,  is  in  these  words  : 

" '  Any  discussion  of  them'  (the  orders)  '  now, 
I  agree  witii  you,  would  be  unnecessary.  They 
are  matters  of  history,  and  must  be  left  to  the 
historian  as  they  stand.  In  fact  I  never  did  sup- 
pose that  the  justification  of  yourself  or  the  gov- 
ernment depended  on  a  critical  construction  of 
tlani.  It  is  sufficient  for  both  that  they  were 
honestly  issued,  and  honestly  executed,  without 
involving  the  question  whether  they  were  execu- 
ted strictly  in  accordance  with  the  intention  that 
they  were  issued.  Honest  and  patriotic  motives 
are  all  that  can  be  required,  and  I  never  doubted 
that  they  existed  on  both  sides. ' 

"  It  was  certainly  impossible  for  me  to  conceive 
that  Mr.  Calhoun  had  urged  in  cabinet  council  a 
court  of  inquiry  with  a  view  to  my  ultimate 
punishment  for  violation  of  orders  which  he  ad- 
mitted were  '■honestly  e.tro</e(/, '  especially  as 
he  never  doubted  that  my  'motives'  were 
^honest  and  patriotic.''  After  this  letter  I 
could  not  have  doubted,  if  I  had  before,  that 
Mr.  Calhoun  had  zealously  vindicated  my  '  hon- 
est and  patriotic '  acts  in  Mr.  Monroe's  cabinet 
against  the  supposed  attacks  of  Mr.  Crawford, 
as  had  long  before  been  announced,  I  could 
not  have  doubted  that  Mr.  Calhoun  '  thought 
with  me  altogether,'  us  I  had  been  informed  by 
Colonel  Ilayne.  I  could  not  have  conceived 
that  Mr.  Calhoun  had  ever  called  in  question 
my  compliance  with  my  orders,  when  he  says 
he  '  never  did  suppose '  that  my  ^justification 
depended  on  a  critical  construction  of  them, ' 
and  '  that  it  was  sufficient  that  they  were 
honestly  executed.' 

"By  the  unlimited  authority  conferred  on 
me  by  my  orders ;  by  the  writing  and  reception 
of  my  confidential  letter  and  the  answer  thereto 
advised  by  Mr.  Calhoun ;  by  the  positive  ap- 
I)roval  of  all  my  preparatory  measures  and  the 
silence  of  the  government  during  my  operations ; 
by  uncontradicted  publications  in  the  newspa- 
pers ;  by  positive  assurances  received  through  the 
friends  of  Jlr.  Calhoun  ;  by  Mr.  Calhoun's  dec- 
laration to  Colonel  Hamilton ;  and  finally  by 
his  own  assurance  that  he  never  doubted  the 
honesty  or  patriotism  with  which  I  executed 
my  orders,  which  he  '  deemed  sufficient '  with- 
out inquiring  '■whether  they  were  executed 
strictly  in  accordance  with  the  intention  that 
they  were  issued, '  I  was  authorized  to  believe 
and  did  believe  that  Mr.  Calhoun  had  been  my 
devoted  friend,  defending  on  all  occasions,  public 
and  private,  my  whole  conduct  in  the  Seminole 
war.  With  the-?e  impressions  I  entered  upon  the 
discharge  of  the  duties  of  President,in  March,1829. 


"  Recent  disclosures  prove  that  these  impre* 
sions  were  entirely  erroneous,  and  that  Mr.  Cal- 
houn himself  was  the  author  of  the  proposition 
made  in  the  cabinet  to  subject  me  to  a  court  of 
inquiry,  with  a  view  to  my  ultimate  punishment 
for  a  violation  of  orders. 

"  My  feelings  towards  Mr.  Calhoun  continued 
of  the  most  friendly  character  until  my  suspi- 
cions of  his  fairness  were  awakened  by  the  fol- 
lowing incident.  The  late  Marshal  of  the  District 
of  Columbia  (Mr.  Tench  llingold),  conversing 
with  a  friend  of  mine  in  relation  to  the  Seminole 
war,  spoke  in  strong  terms  of  Mr.  Monroe's 
support  of  me  ;  and  upon  being  informed  that  I 
had  always  regarded  Mr.  Calhoun  as  my  firm 
and  undeviating  friend  and  supporter,  and  par- 
ticularly on  that  occasion,  Mr.  Ringold  replied 
that  Mr.  Calhoun  xras  the  first  ■man  to  movein 
the  cabinet  for  ■my  punishment,  and  that  he 
was  against  vie  on  that  subject.  Informed  of 
this  conversation,  and  recuning  to  the  repeated 
declarations  that  had  been  made  to  me  by  dif- 
ferent persons  and  at  different  times,  that  Mr. 
Calhoun,  and  not  Mr.  Crawford,  was  the  perfjon 
who  had  made  that  movement  against  mc  in  the 
cabinet,  and  observing  the  mysterious  opposition 
that  hod  shown  itself,  particularly  among  those 
who  were  known  to  be  the  friends  and  partisans  of 
Mr.  Calhoun,  and  that  the  measures  which  I  had 
recommended  to  the  consideration  of  Congress, 
and  which  appeared  to  have  received  Ihe  appro- 
bation of  the  people,  were  neglected  or  opposed 
in  that  quarter  whence  I  had  a  right  to  believe 
they  would  have  been  brought  forward  and  sus- 
tained, I  felt  a  desire  to  see  the  written  state- 
ment which  I  had  been  informed  Mr.  Crawford 
had  made,  in  relation  to  tlio  proceedings  of  the 
Ciibinet,  that  I  might  ascertain  its  true  charac- 
ter. I  sought  and  obtained  it,  in  the  manner 
heretofore  stated,  and  immediately  sent  it  to  Mr. 
Calhoun,  and  asked  him  frankly  whether  it  was 
possible  that  the  information  given  in  it  was 
correct  ?  His  answer,  which  he  has  given  to 
the  world,  indeed,  as  T  have  before  stated,  sur- 
prised, nay,  astonished  me.  I  had  always  re- 
fused to  believe,  notwithstanding  the  various  as- 
surances I  had  received,  that  Mr.  Calhoun  could 
be  so  far  regardless  of  that  duty  which  the  plain- 
est principles  of  justice  and  honor  imposed  upon 
him,  as  to  propose  the  punishment  of  a  subordi- 
nate officer  for  the  violation  of  orrlers  which 
were  so  evidently  discretionary  as  to  permit  nie 
as  he  (Jlr.  Calhoun)  informed  Governor  IVihb, 
'  to  conduct  the  war  as  he  may  think  best.'  But 
the  fact  that  he  so  acted  has  been  attirmed  by 
all  who  were  present  on  the  occasion,  aud  admit- 
ted by  himself.* 

*  Mr.  Callioim  in  Ills  conversatUin  with  Colonel  Ilomilion, 
substantially  denied  tiatsueli  a  prDpcsition  as  that  whleli  he 
now  admits  h(>  made,  was  ever  siihtnitted  to  the  eabinet.  He 
Is  asked  "  whether  at  any  meeting  of  Mr.  Monroe's  cabinet  tho 
proiiriety  of  arresting  General  .laekson  for  any  tliinj;  done  du- 
rinj;  the  Seminole  war  had  been  at  any  time  i.iseiissed."  llo 
reiilles  "  Never ;  sneli  a  iiieasuie  was  not  tlionglit  of,  much  lesi 
discussed  :  tlieonly  point  be/ore  the  cabinet  wa»  the  angwet 


1 


m 


m 


^PW51 


176 


THIRTY  YEAT^S'  VIEW. 


IW 


■■    vi 


i*'^ 


1  n 


1 : 


"  Tliat  Mr.  Calhoun,  with   his  knowledge  of 
fnofs  and  circumstances,  should  have  dared  to 
make  such  a  proposition,  can  only  be  accounted 
Ibi'    from    the    sacredly  confidential    character 
which  he  attaches  to  the  proceedings  of  a  cabinet 
council.     His  views  of  this  subject  arc  strongly  ! 
cxpressocl  in  his  printed  correspondence,  page  I. 5.  j 
'  I  am  not  at  all  surprised,'  says  lie,  '  that  Mr. 
Crawford  should  feel  that  he  stands  in  need  of 
nil  apology  for  betraying  the  deliberations  of  the  ' 
cabinet.     It  is,  I  believe,  not  only  the  first  in- 
stance in  our  country,  bi'   one  of  a  very  few  , 
instances  in  any  country,  oi  an}'  age,  that  an  in-  j 
dividual  has  felt  himself  absolved  from  the  high 
obligation-^  which  honor  and  duty  impose  on  one  I 
situated  as  he  was.'     It  was  under  this  veil.  ' 
which  he  SMpiio^ed  to  be  forever  impenetr.able,  \ 
that  Mr.  ('.ilimiii  came  forward  and  denounced  | 
those  UK.      ics  which  he   knew  were  not  only  j 
impliedly,  bat  positively  authorized  b}' the  I'resi- 
deiit  himself.     He  proposed  to  take  preparatory 
steps  for  the  punishment  of  General  Jack.son, 
who.se  'honest  and  patriotic  motives  he  never 
doubted.''  for  the  violation  of  orders  which  he 
admits  were  '  honestly  executed.''    That  he  ex- 

to  he  given  to  the  Spanish  government."    By  tlio  la.st  branch 
of  tlio  answer  the  denial  ismndo  to  embrace  the  whole  subject 
In  any  form  It  might  have  n.isnmeil,  and  tliereforo  deprives  Mr. 
Ciiilioun  of  ftii  grounds  of  cavil  or  C!<cape  by  uilcglnjj  that  he  on- 
ly pruposed  a  military  inquiry,  and  not  an  arrest,  and  tliat  lie 
did  not  tliereforo  answer  the  inqi\iry  in  tlie  ncirativc.    ISut 
again  when  Colonel  Hamilton  submitted  to  Mr.  Callioun  bis  re- 
collootion  of  tlie  conversation  that  Mr.  Calhoun  might  correct 
it  it'  erroneous,  and  informed  him  tliat  lie  did  so  because  lit  in- 
tended to  communicate  ill  to  Major  Lewis,  Mr.  Callioun  did  not 
question  the  correctness  of  Colonel  Hamilton's  recollection  of 
Uie  conversation;  he  does  not  qualify  or  alter  H;  he  doi^s  not 
Bay,  lus  in  frankness  ho  was  bound  to  do—"  It  is  true,  the  projio- 
sition  to  arre-t  General  Jackson  was  not  discussed,  but  an  imiul- 
ry  Into  Ills  conduct  In  that  war  was  discussed  on  a  proposition 
to  that  end  .iiade  by  me."    Ho  does  not  say  that  the  answer  to 
till'  Spanish  government  was  not  the  only  point  before  the  cab- 
inet, but  he  endeavors,  witliout  denying  a-s  was  alleged  by  Colo- 
nel Hamilton  that  this  part  of  the  conversation  was  undenitood 
between  them  to  be  confidential,  to  prevent  him  from  making 
It  public,  and  to  that  end  and  that  alone  he  writes  a  letter  of  ten 
pages  on  the  sacredncss  of  cabinet  deliberations.    Why,  let  us 
ask,  did  Mr.  Calhoun  npon  reflection  feel  so  much  solicitude  to 
prevent  a  disclosure  of  his  answer  to  Colonel  Hamilton,  which  if 
true  could  not  injure  him  ?  At  first,  although  put  upon  his  guard 
lie  admits  tiiat  this  part  of  the  conversation  was  not  confidential, 
%lthoHghlt  referred  to  what  wa.s,  as  well  as  what  was  not  done 
In  cabinet  council.     The  reason  is  to  be  found  in  his  former  in- 
volutions, and  in  the  fact  that  the  answer  was  not  true,  and  in 
Ills  apprehension  that  if  that  answer  was  made  public,  Mr. 
Crawford,  who  entertained  the  worst  opinions  of  Mr.  Callioun, 
and  who  had  suffered  in  (leneral  .Tackson's  opinion  on  this  sub- 
ject, would  immediately  disclose  the  whole  truth,  as  he  has  since 
done ;  and  tlmt  thus  the  veil  worn  out,  of  the  sacred:itss  of  cabi- 
net deliberations  under  which  ifr.  Calhoun  upon  second  thought 
had  endeavored  to  conceal  himself,  would  bo  raised,  and  lie 
would  be  exposed  to  public  Indignation  and  scorn.    This  could 
alone  bo  the  motive  for  his  extreme  anxiety  to  prevent  Colonel 
Hamilton  from  communicating  the  result  of  an  inquiry  made 
by  blm  from  the  best  and  purest  motives,  to  the  persons  who 
ompted  that  Inquiry  from  like  motives. 


pccted  to  succeed  with  his  proposition  .'^o  long  aa 
there  was  a  particle  of  honor,  honesty,  or  pru- 
dence left  to  President  Monroe,  is  not  to  be  ima- 
gined. The  movement  was  intended  for  some 
future  contingency,  which  iK'rhaps  Mr.  Calhoun 
himself  only  can  certainly  explain. 

"  The  shape  in  which  this  projiosition  was  made 
is  variously  stated.  Mr.  Calhotm,  in  the  printed 
correspondence,  page  15.  siiys  :  •  I  was  of  the 
impression  that  30U  had  exceeded  your  orders, 
and  acted  on  your  own  respon.siliility,  but  I 
neither  (juestioned  your  patriotism  nor  your  mo 
fives.  IJelieving  that  where  orders  were  trans- 
cended, investigation  as  a  matter  of  course  ought 
to  follow,  as  due  in  justice  to  the  government 
and  the  officer,  unless  there  be  strong  reasons 
to  the  contrary,  I  came  to  the  |  cabinet]  meet- 
ing uniler  the  impression  that  the  usual  course 
ought  to  be  pursued  in  this  ca.se.  which  I  sup- 
ported by  presenting  fully  and  freely  all  the 
arguments  that  occinred  to  me.' 

••  Mr.  Crawford,  in  his  letter  to  Mr.  For.syth, 
published  in  the  same  corres}M)ndence,  page  9, 
says:  '  Mr.  Calhoun's  proposition  in  the  cabinet 
was,  that  General  Jackson  should  be  pimislud 
in  .some  form,  or  reprehended  in  .some  form,  I  am 
not  positively  certain  which.' 

"  Mr.  Adams,  in  a  letter  to  Mr.  Crawford, 
dated  olHh  July,  IS.'iO,  says:  'The  main  point 
upon  which  it  was  urged  that  General  Jackson 
should  be  brovfrhl  to  trial.,  was,  that  lie  l:ud 
violated  his  orders  bj'  taking  St.  Marks  nnil 
Pensacola.' 

"  Mr.  Crownin.shield,  in  a  letter  to  Mr.  Ciaw- 
ford,  dated  25th  July,  l8o(),  says:  '  I  reincni- 
ber  too,  that  Mr.  Calhoun  was  severe  upon  tlio 
conduct  of  General  Jackson,  but  the  words  par 
ticularl}'  spoken  have  .slipjied  m^-  memory.' 

'•  From  the  united  testimony  it  ajipears  that 
Mr.  Calhoun  made  a  proposition  for  a  court  of 
inquiry  upon  the  conduct  of  General  Jackson, 
upon  the  charge  of  having  violated  his  oT'ders  in 
taking  St.  Marks  and  Pensacola.  with  a  view  to 
his  ultimate  trial  and  punishment,  and  that  he 
was  severe  in  his  remarks  npon  that  conduct. 
But  the  President  would  listen  to  no  such  pro- 
position. Mr.  Crawford,  in  his  letter  to  Mr. 
Calhoun,  dated  2d  October,  1830,  says:  'You 
remembered  the  excitement  which  your  propo- 
siti(m  produced  in  the  mind  and  on  the  feelinsis 
of  the  President,  and  did  not  dare  to  ask  him 
any  question  tending  to  revive  his  recollcctiun 
of  that  proposition.'  This  excitement  was  very 
natural.  Hearing  the  very  member  of  his  cabi- 
net whom  he  had  consulted  upon  the  subject  of 
General  Jackson's  confidential  letter,  and  who 
had  advised  the  answer  which  had  approved  be- 
forehand the  capture  of  St.  Marks  and  Pensacola, 
and  who  on  the  8th  September,  1818.  wrote  to 
General  Jackson,  that  '  St.  Marks  will  be  re- 
tained till  Spain  shall  be  ready  to  ganison  it 
with  a  sufTicicnt  force,  and  Fort  Gadsden,  and 
any  other  po.sition  in  East  or  West  Florida  with- 
in the  Indian  country,  which  maj'^  be  deemed 
eligible,  will  be  retained  so  long  as  there  is  anj 


danger,  whi 
security,' 
stamp  his  c 
ishnient  of 
it  was  imp 
bo  excited, 
man,  or  Icsi 
ing  violent 
for  those  ac 
"Mr.  Ca 
ho  knew  it 
the  veil  of 
sions  of  reg 
son !     It  w; 
sations  he  i 
inform  Gen 
ing  that  he 
be  punishet 
supported 
net,  and  th 
was  no  hal 
complete  an 
General  Ja 
the  next  v 
toasted    '^ 
man,  the 
paint  the  \ 
when  lie  re 
"But  Ml 
attack  nuu 
character  a 
Jlonroe's  c 
gross  the  i 
both  house 
resolutions 
tatives,  whc 
ants  were  s 
a  committe 
the  affair  fi 
2-lth  Febri 
full  of  bit; 
charged  hi 
constitutio: 
orders ;  di 
and  almos 
can  coinmi 
"  It  was 
report  owe 
yet  that  si 
the  strong 
"While 
were  in  pr 
city  was  t 
Colonel   I 
wrote  to 
wards  Mi' 
in  an  abi 
General  < 
Butler  ar 
tice  was 
turned  fn 
with  an 
an  indeli 
It  was  ol 
out  rathi 

Vc 


ANNO  1830.    ANDREW  JACKSON,  PRESIDENT. 


177 


danger,  which,  it  is  hoped,  will  afFord  the  dosiied 
security,'  make  a  proposition  whith  went  to 
stamp  his  character  witli  treachery,  by  the  pun- 
ishment of  General  Jackson  for  tlio.se  very  acts, 
it  was  impossible  that  Mr.  Monroe  should  not 
be  excited.  lie  must  have  been  more  than  hu- 
ra.in,  or  less,  to  have  beheld  Mr.  Culhoun  utter- 
ing violent  philippics  against  General  .Jackson 
for  those  acts,  without  the  strongest  emotion. 

"Mr.  Calhoun's  proposition  was  njccteil,  as 
ho  knew  it  would  be,  and  ho  came  from  behind 
the  veil  of  cal)inet  secrecy  all  smiles  and  profes- 
sions of  regard  and  frienilship  for  (ienerr.1  Jack- 
son! It  was  then  that  by  his  deceitful  conver- 
sations he  induced  Colonel  Ilayne  and  others  to 
inform  General  Jackson,  that  .so  far  from  think- 
ing that  he  had  violated  his  orders  and  ought  to 
be  puni.shed,  he  disapproved  and  only  nominally 
supported  the  more  friendly  decision  of  the  cabi- 
net, and  thought  with  him  altogether !  There 
was  no  half-way  feehng  in  /t is  friendship!  So 
complete  and  entire  was  the  deception,  that  while 
General  Jackson  was  passing  through  Virginia 
the  next  winter  on  his  way  to  AVashington,  he 
toasted  'Jo/iw  C.  Callioun,^  as  'a;i  honest 
man,  the  noblest  work  of  God.^  AV'ho  can 
paint  the  workings  of  the  guilty  Calhoun's  soul 
when  he  read  that  toast ! ! 

''  But  Mr.  Calhoun  was  not  content  with  the 
attack  made  by  him  upon  General  Jackson's 
character  and  fame  in  the  dark  recesses  of  Mr. 
Monroe's  cabinet.  At  the  next  session  of  Con- 
gress the  same  subject  was  taken  in  hand  in 
both  houses.  Jlr.  Cobb  came  forwaid  with  his 
resolutions  of  censure  in  the  House  of  Represen- 
tatives, where,  after  a  long  discussion,  the  assail- 
ants were  signall}'  defeated.  Mr.  Lacock  headed 
a  committee  in  the  Senate  which  was  engaged  in 
the  affair  from  the  18th  December,  1818,  to  the 
24th  February,  1819,  when  they  made  a  report 
full  of  bitterness  against  General  Jackson.  It 
charged  him  with  a  violation  of  the  laws  and 
constitution  of  his  country  ;  disobedience  of 
orders  ;  disregard  oi  the  principles  of  humanity, 
and  almost  every  crime  which  a  military  man 
can  commit. 

"  It  was  not  suspected  at  the  time  that  this 
report  owed  any  of  its  bitterness  to  Sir.  Calhoun, 
yet  that  sucli  was  the  fact  is  now  susceptible  of 
the  strongest  proof! 

"While  the  attacks  upon  General  Jackson 
were  in  progress  in  Congress  his  presence  in  the 
city  was  thought  to  be  necessary  by  his  friends. 
Colonel  Robert  Butler,  then  in  Washington, 
wrote  to  him  to  that  effect.  A  few  days  after- 
wards Mr.  Cilhoun  accosted  him,  and  asked  him 
in  an  abrupt  manner  why  he  had  written  to 
General  Jackson  to  come  to  the  cit^'.  Colonel 
Butler  answered,  'that  he  might  .see  tint  ju,s- 
tice  was  done  him  in  person.'  Mr.  (alhoun 
turned  from  him  witliout  speaking  anotl'ei'  word 
with  an  air  of  anger  and  vexation  wlii:h  made 
an  indelib'e  impression  on  the  colonel's  mind. 
It  was  obvious  enough  that  he  did  iiot  desire, 
out  rather  feared  General  Jackson's  jresence  in 

Vol.  I.— 12 


the  city.  Colonel  Butler's  letter  to  General 
Jackson,  dated  the  9th  June,  1831,  is  in  these 
words : 

'■ '  When  in  Washington  in  the  winter  of  1818 
-'19,  finding  the  course  which  Congress  appeared 
to  be  taking  on  the  Seminole  question,  1  ^vroto 
you  that  I  esteemed  it  necessary  that  you  should 
be  present  at  Washington.  Having  done  so,  I 
communicated  this  fact  to  our  friend  Bronaugh, 
who  held  the  then  Secretary  of  War  in  high  esti- 
mation. The  succeeding  evening,  while  at  the 
French  Minister'.s,  he  came  to  me  and  inquired 
in  a  tone  somewhat  abrupt,  what  could  induce 
me  to  write  for  General  Jackson  to  come  to  the 
city — (Bronaugh  having  informed  him  that  I  had 
done  .so) — to  which  I  replied,  jwrhaps  as  sternly, 
'•  that  he  may  in  person  have  justice  done  him." 
The  Secretary  turned  on  his  iieel,  and  so  ended 
the  conversation  ;  but  there  was  a  something  in- 
explicable in  the  countenance  that  subsequent 
events  have  given  meaning  to.  After  your  arri- 
val at  Washington,  we  were  on  a  visit  at  the 
Secretary's,  and  examining  a  map — (the  Yellow 
Stone  expedition  of  the  Secretary's  being  the 
subject  of  conver.sation) — Mr.  Lacock,  of  the 
Senate,  was  announced  to  the  Secretary,  who  re- 
marked— "  Do  not  let  him  come  in  now,  General 
Jackson  is  here,  but  will  soon  be  gone,  when  I 
can  see  him."  There  was  nothing  strange  in  all 
this ;  but  the  whispered  manner  and  apparent 
agitation  fastened  on  my  mind  the  idea  that  Mr. 
Calhoun  and  Lacock  understood  each  other  on 
the  Seminole  matter.  Such  were  my  impres- 
sions at  the  time.' 

"  On  my  arrival,  however,  in  January,  1819, 
Mr.  Calhoun  treated  me  with  marked  kindness. 
The  latter  part  of  Colonel  Butler's  letter,  as  to 
Mr.  Lacock,  is  confirnied  by  my  own  recollection 
that  one  day  when  Mr.  Calhoun  and  myself 
weie  together  in  the  War  Department,  the  mes- 
senger announced  Mr.  Lacock  at  the  door :  Mr. 
Calhoun,  in  a  hurried  manner,  pronounced  the 
name  of  General  Jackson,  and  ilr.  Lacock  did 
not  come  in.  This  circumstance  indicated  an 
intimacy  between  them,  but  I  inferred  nothing 
from  it  unfavorable  to  Mr.  Calhoun. 

'•  In  speaking  of  my  confidential  letter  to  Mr.. 
Monroe  (printed  correspondence,  page  19),  Mr.. 
Calhoun  states,  that  after  reading  it  when  re- 
ceived, 'I  thought  no  more  of  it.  Long  after,  I 
think  it  was  at  the  commencement  of  the  next, 
session  of  Congress.  I  heard  some  allu.sion  which 
brought  that  letter  to  my  recollection.  It  was; 
from  a  quarter  which  induced  me  to  believe  that 
it  came  from  Mr.  Crawford.  I  called  and  men- 
tioned it  to  Mr.  Monroe,  and  found  that  he  had' 
entirely  forgotten  the  letter.  After  searching 
some  time  he  found  it  among  some  other  pa- 
pers, and  read  it,  as  he  told  me,  for  the  first 
time.' 

"  The  particular  ' quartir^  whence  the  '  alliir 
sinn  '  which  called  up  the  recollection  of  this 
confidential  letter  came,  Mr.  Calhoun  has  not 
thought  proper  to  state.  Probably  it  was  Mr. 
Lacock,  who  was  the  friend  of  Mr.  Crawford.. 


! 


i.ji-.iu.MH.JO'-'.' 


r.'i<f'^;^'^nr^ 


li'Mf; 


f     < 


Probably  he  npplied  to  Mr.  Calhoun  for  infor- 
mation, and  Mr,  Calhoun  went  to  tlic  I'rcsicU'nt, 
and  requested  a  sight  -if  that  letter  that  lie 
might  communicate  its  (ontents  to  Mr.  Lacoek. 
Mr.  Lacoek  was  ai)iK)ii"€d  iijion  the  conunittee 
un  the  Seminole  wa»,  jn  the  18th  I)ecen\ber. 
On  the  21st  of  that  '/.onth  the  recollection  of 
the  confidential  IctVrf  was  first  in  the  mind  of 
Mr.  Jlonroe,  for  on  ►hat  day,  in  a  letter  to  CJen- 
cral  Jackson,  ho  ^'fes  an  account  of  its  recep- 
tion, and  the  disposition  made  of  it.  Probably, 
therefore,  it  way  about  the  time  that  Mr.  Lacoek 
undertook  the  hirestigation  of  this  affair  in  the 
Senate,  and  that  it  was  for  his  information  that 
Mr.  Calhoun  called  on  Mr.  Monroe  to  inquire 
about  this  letter. 

"Nay,  it  is  certain  that  the  existence  and 
contents  of  this  letter  icerc  about  that  time 
communicated  to  Mr.  Lacoek :  that  he  con- 
versed freely  and  repeatedly  with  Mr.  Calhuun 
vpon  the  whole  subject:  that  he  was  informed 
of  all  that  had  passed:  the  vieics  of  the  Presi- 
ctent,  of  Mr.  Calhoun,  and  the  cabinet,  and 
that  Air.  Calhoun  coincided  with  Mr.  Lacoek 
in  all  his  rieirs. 

"These  facts  are  stated  tipon  the  authority 
of  Mr.  Lacoek  himself. 

"  The  motives  of  these  secret  communications 
to  Mr.  Lacoek  by  Mr.  Calhoun  cannot  be  mis- 
taken. By  communicating  the  contents  of  the 
confidential  letter,  and  withholding  the  fact 
that  an  approving  answer  had  been  returned, 
he  wished  to  impress  Mr.  Lacoek  with  the  be- 
lief that  General  Jackson  had  predetermined 
before  he  entered  Fhjrida,  to  seize  the  Spanish 
posts,  right  or  wrong,  with  orders  or  without. 
Acting  under  this  impression,  he  would  be  pre- 
pared to  discredit  and  disbelieve  all  General 
Jackson's  explanations  and  defences,  and  put 
the  worst  construction  upon  every  circumstance 
disclosed  in  the  investigation.  By  this  perfidy 
General  Jackson  was  deprived  of  all  opportu- 
nity to  make  an  effectual  defence.  To  him  ]\Ir. 
Calhoun  was  all  smiles  and  kindness.  He  be- 
lieved him  l)is  friend,  seeking  by  all  proper 
means,  in  public  and  private,  to  shield  him  from 
the  attacks  of  his  enemies.  Having  implicit 
confidence  in  Mr.  Calhoun  and  the  President, 
he  would  sooner  have  endured  the  tortures  of 
the  inquisition  than  have  disclosed  their  answer 
to  his  letter  through  Mr.  Rhea.  The  tie  which 
ho  felt,  Mr,  Calhoun  felt  not.  He  did  not 
scruple  to  use  one  side  of  a  correspondence  to 
destroy  a  man,  his  friend,  who  confided  in  him 
with  the  faith,  and  affectiem  of  a  brother — when 
he  knew  that  man  felt  bound  by  obligations 
from  which  no  considerations  short  of  a  know- 
ledge of  his  own  perfidy  could  absolve  him,  to 
hold  the  other  side  in  eternal  silence.  General 
Jackson  had  no  objection  to  a  disclosure  of  the 
■whole  correspondence.  There  was  nothing  in  it 
of  which  he  was  ashamed,  or  which  on  his  own 
account  h«  wished  to  "-onceal.  Public  policy 
made  it  inexpedient  chat  the  world  should 
know  at 'that  time  how  far  the  government  had 


approved  beforehand  of  his  proceedings.  But 
had  he  known  that  Mr.  Calhoun  was  attempt- 
ing to  destroy  him  by  secretly  using  one  side 
of  the  correspondence,  he  would  have  been  jus- 
tified by  the  laws  of  self-defence  in  making 
known  the  other.  He  saw  not,  heard  not,  ima- 
gined not,  that  means  so  perfidious  and  dishon- 
ruble  were  in  use  to  destroy  him.  It  never 
entered  his  confiding  heart  that  the  hand  he 
shook  with  the  cordiality  of  a  warm  friend  was 
secretly  pointing  out  to  his  enemies  the  path  by 
which  they  might  ambuscade  and  destroy  him. 
He  was  incapable  of  conceiving  that  the  hone3'ed 
tongue,  which  to  him  spake  nothing  but  kind- 
ness, was  secretly  conveying  poison  info  the 
cars  of  Mr.  Lacoek,  and  otlier  members  of  Con- 
gress. It  could  not  enter  his  mind  that  his 
confidential  letters,  the  secrets  of  the  cabinet, 
and  the  opinions  of  its  members,  were  all  se- 
cretly arrayed  against  him  by  the  friend  in 
whom  he  implicitly  confided,  misinterpreted 
and  distorted,  without  giving  him  an  opportu- 
nity for  self  defence  or  explaiiation. 

"  3Ir.  Calhoun's  object  was  accomplished,  Mr. 
Lacoek  made  a  report  far  transcending  in  bit- 
terness any  thing  which  even  in  the  opinion  of 
General  Jackson's  enemies  the  evidence  seemed 
to  justify.  This  extraordinary  and  unaccount- 
able severity  is  now  explained.  It  proceeded 
from  the  secret  and  pcrfidiou.s  representations 
of  y\v.  Calhoun,  based  on  General  Jackson's  con- 
fidential letter,  Mr.  Lacoek  ought  to  be  par- 
tially excused,  and  stand  before  the  world  com- 
paratively justified.  For  most  of  the  injustice 
done  by  his  report  to  the  soldier  who  had 
risked  all  for  his  country,  Mr.  Calhoun  is  the 
responsible  man. 

"As  dark  as  this  transaction  is,  a  shade  is 
3'ct  to  lie  added.  It  was  not  enough  that  Gen- 
eral Jackson  had  been  deceived  and  betrayed 
by  a  professing  friend ;  that  the  contents  of  his 
confidential  correspondence  had  been  secretly 
communicated  to  his  open  enemies,  while  all  in- 
formation of  the  reply  was  withheld:  it  was 
not  enough  that  an  official  report  overflowing 
with  bitterness  had  gone  out  to  the  world 
to  blast  his  fame,  which  must  stand  for  ever 
recorded  in  the  history  of  his  country.  licst 
some  accident  might  expose  the  evidences  of 
the  undorstandnig  under  which  he  acted,  and 
the  duplicity  of  his  secret  accuser,  means  must 
be  taken  to  procure  the  destruction  of  the  an- 
swer to  the  confidential  letter  through  Mr. 
Ivhea.  They  were  these.  About  the  time  Mr. 
Lacoek  made  his  re|)ort  General  Jackson  and 
Jlr.  Kliea  were  both  in  the  city  of  Washington. 
Mr.  Khea  called  on  General  Jackson,  as  he  said, 
at  the  request  of  Mr.  Monroe,  and  begged  him 
on  his  return  home  to  burn  his  reply.  lie  said 
the  President  feared  that  by  the  death  of  Gen- 
eral Jackson,  or  some  other  accident,  it  might 
fall  into  the  hands  of  those  who  would  make  an 
improper  use  of  it.  He  therefore  conjured  him 
by  the  friendship  which  had  always  existed  be- 
tween them  (and  by  his  obligations  as  a  brother 


^ 


mason)  to 
Believing 
his  devote 
that  any  i; 
quire  or  ji 
promise  h( 
turn  to  Na 
on  his  lettt 
dential  let 

"'jU/- 
\2lh  Apr  I 

"Mr.  C 

completely 

sailed  Gen 

ca\ised  it  t 

his  friend 

toasting 

work  of  (! 

tial   corrc 

the  basis  i 

blast  his  fi 

timation   ( 

shoidd  bri: 

duplicity. 

and  y-.  R 

answer  to 

was  an  oh 

feeble.    In 

to  have  an 

their  grave 

beforehand 

tionsof  Ge 

ated,  and 

forever  res 

d?nt  or  p 

Mr.  Calhoi 

this  reply 

might  defe 

tenuate  his 

taining  be 

believed  G 

and  ought  1 

the  writtci 

be  recalled 

cral  Jacksi 

not  be  cc 

Calhoun's 

to  him  tha 

through  h 

it  was  des 

"  Happil 

and  the  ca 

reply  is  sf 

the  time,  i 

this  trans 

writing  of 

means  tak 

Overton,  t 

shown,  tes 

letter,  and 

terwards  1 

"These, 

son  hims( 

which  was 

ago,  fix  tl 


ANXO  1830.     ANDREW  JACKSON,  PRESIDENT. 


179 


i 


:  t 


mason)  to  destro}'  it  on  his  return  to  Naghvillc. 
Believing  Jlr.  Monroe  and  Mr.  Calhoun  to  he 
his  devoted  friendn,  and  not  deeming  it  possible 
that  any  incident  could  occur  which  would  re- 
quire or  justify  its  use,  he  gave  Mr.  Rhea  the 
promise  he  solicited,  and  accordingly  after  his  re- 
turn to  Nashville  he  burnt  Mr.  Rhea's  letter,  and 
on  his  letter-book  ojiposite  the  copy  of  his  confi- 
dential letter  to  ]Mr.  Monroe  made  this  entry : — 

'"  Mr.  lilipn's  Utter  in  answer  is  burnt  this 
\2th  April,  1819.' 

"Mr.  Calhoun's  management  was  thus  far 
completely  triumjjhant.  He  had  secretly  as- 
sailed r.cneral  Jackson  in  cabinet  council,  and 
caused  it  to  be  publicly  announced  that  he  was 
his  friend.  While  the  confiding  soldier  was 
toasting  him  as  'an  honest  man,  the  noblest 
work  of  God,'  he  was  betraying  his  confiden- 
tial correspondence  to  his  enemy,  and  laying 
the  basis  of  a  document  which  was  intended  to 
blast  his  fume  and  ruin  his  character  in  the  es- 
timation of  his  countrymen.  Lest  accident 
should  bring  the  truth  to  light,  and  expose  his 
duplicity,  he  procures  through  the  President 
and  y-,  Rhea  the  destruction  of  the  approving 
answer  to  the  confidential  letter.  Mr.  Rhea 
was  an  old  man  and  General  Jackson's  health 
feeble.  T^n  a  few  j-ears  all  who  were  supposed 
to  have  any  knowledge  of  the  reply  would  be  in 
their  graves.  Every  trace  of  the  approval  given 
beforehand  by  the  government  to  the  opera- 
tions of  CJcneral  Jackson  would  soon  be  obliter- 
ated, and  the  undivided  responsibility  would 
forever  rest  on  his  head.  At  least,  should  acci- 
dent or  policy  bring  to  light  the  duplicity  of 
Mr.  Calhoun,  he  might  deny  all  knowledge  of 
this  reply,  and  challenge  its  production.  He 
might  defend  his  course  in  the  cabinet  and  ex- 
tenuate his  disclosures  to  Mr.  Lacock,  by  main- 
taining before  the  public  that  he  had  alwaj'S 
believed  General  Jackson  violated  his  orders 
and  ought  to  have  been  punished.  At  the  worst, 
the  written  reply  if  once  destroyed  could  never 
be  recalled  from  the  flames ;  and  should  Gen- 
eral Jackson  still  be  living,  his  assertion  might 
not  be  considered  more  conclusive  than  Mr. 
Calhoun's  denial.  In  any  view  it  was  desirable 
to  him  that  this  letter  should  be  destroyed,  and 
through  his  management,  as  is  verily  believed, 
it  was  destroyed. 

"  Happily  however  for  the  truth  of  historj"^ 
and  the  cause  of  public  Justice,  the  writer  of  the 
reply  is  still  alive;  and  from  a  journal  kept  at 
the  time,  is  able  to  give  an  accurate  account  of 
this  transaction.  He  testifies  directly  to  the 
writing  of  the  letter,  to  its  contents,  and  the 
means  taken  to  secure  its  destruction.  Judge 
Overton,  to  whom  the  letter  was  confidentially 
shown,  testifies  directly  to  the  existence  of  the 
letter,  and  to  the  f:\ct  that  General  Jackson  af- 
terwards told  him  it  was  destroyed. 

"These,  with  the  statement  of  General  Jack- 
son himself,  and  the  entry  in  his  letter-book 
which  was  seen  by  several  persons  many  years 
ago,  fix  these  facts  beyond  a  doubt. 


"  Certainly  the  history  of  the  world  scarcely 
presents  a  parallel  to  this  transaction.  It  has 
been  seen  with  what  severity  Mr.  Calhoun  de- 
nounced Sir.  Crawford  for  revealing  the  secret 
proceedings  of  the  cabinet :  with  what  justice 
may  a  retort  of  tenfold  severity  be  made  upon 
him,  when  he  not  only  reveals  to  Mr.  La- 
cock  the  proceedings  of  the  cabinet,  but  the 
confidential  letter  of  a  confiding  friend,  not  for 
the  benefit  of  that  friend,  but  through  misrep- 
resentation of  the  transaction  and  concealment 
of  the  reply,  to  aid  his  enemies  in  accomplish- 
ing his  destruction.  It  was  doubtless  expected 
that  Mr.  Lacock  would  produce  a  document 
which  would  overwhelm  General  Jackson  and 
destroy  him  in  public  estimation.  In  that  event 
the  proceedings  of  the  cabinet  would  no  longer 
have  been  held  sacred.  The  erroneous  impres- 
sion made  on  the  public  mind  would  have  been 
corrected,  and  the  world  have  been  informed 
that  Mr.  Calhoun  not  only  disapproved  the  acts 
of  General  Jackson,  but  had  in  the  cabinet  at- 
tempted in  vain  to  procure  his  punishment.  As 
the  matter  stood,  the  responsibility  of  attacking 
the  General  rested  on  Mr.  Crawford,  and  had  the 
decision  of  the  people  been  different,  the  responsi- 
bility of  defending  him  would  have  been  thrown 
exclusively  upon  Mr.  Adams,  and  Mr.  Calhoun 
would  have  claimed  the  merit  of  the  attack.  But 
until  the  public  should  decide,  it  was  not  pru- 
dent to  lose  the  friendship  of  General  Jackson, 
which  might  be  of  more  service  to  Mi-.  Calhoun 
than  the  truth.  It  was  thus  at  the  sacrifice  of 
every  principle  of  honor  and  friendship  that 
Mr.  Calhoun  managed  to  throw  all  responsibil- 
ity on  his  political  rivals,  and  profit  by  the  re 
suit  of  these  movements  whatever  it  might  be. 
It  cannot  be  doubted,  however,  that  Mr.  Cal- 
houn expected  the  entire  prostration  of  Gene- 
ral Jackson,  and  managed  to  procure  the  destruc- 
tion of  Mr.  Rhea's  letter,  for  the  purpose  of 
disarming  the  friend  he  had  betraj-ed,  that  he 
might,  with  impunity  when  the  public  should 
have  pronounced  a  sentence  of  condemnation, 
have  come  forward  and  claimed  the  merit  of 
having  been  the  first  to  denounce  him. 

"The people  however  sustained  General  Jack- 
son against  the  attacks  of  all  his  enemies,  pub- 
lic and  private,  open  and  secret,  and  therefore  it 
became  convenient  for  Mr.  Calhoun  to  retain 
his  mask,  to  appear  as  the  friend  of  one  whom 
the  people  had  pronounced  their  friend,  and  to 
let  Mr.  Crawford  bear  the  unjust  imputation  of 
having  assailed  him  in  the  cabinet. 

"It  must  be  confessed  that  the  mask  was 
worn  with  consummate  skill.  Mr.  Calhoun  was 
understood  by  all  of  General  Jackson's  friends 
to  be  his  warm  and  able  defender.  AVhen,  in 
1824,  3Ir.  Calhoun  was  withdrawn  from  the 
lists  as  a  candidate  for  the  Presidency,  Jhe  im- 
pression made  on  the  friends  of  General  Jack- 
son was  that  he  did  it  to  favor  the  election  of 
their  favorite,  when  it  is  believed  to  be  suscep- 
tible of  proof  that  he  secretly  flattered  the 
friends  of  Mr.  Adams  with  the  idea  that  be  was 


J^i' 


U^^Tfpr^vr^^ 


A.>..i...^. 


180 


THIRTY  YEARS'  VIEW. 


,i 


ii  *h 


with  them.  It  is  certain  that  for  the  Vice- 
Presidency  ho  continued  to  secure  nearly  all 
the  Adams  votes,  most  of  the  Jackson  votes, 
and  even  half  of  the  Clay  votes  in  Kentucky. 
But  never  did  the  friends  of  CJeneral  Jackson 
douht  his  devotion  to  their  cause  in  'hat  con- 
test, until  the  puhlication  of  his  correspondence 
with  General  Jackson.  Tn  a  note,  page  7,  he 
undeceives  them  hy  saying : 

"  '  When  my  name  was  withdrawn  from  the 
list  of  presidential  candidates,  T  assumed  a  per- 
fectly neutral  position  between  General  Jack- 
son and  Mr.  Adams.  I  was  decidedly  opposed 
to  a  congressional  caucus,  as  both  those  gentle- 
men were  also,  and  as  I  bore  very  fricndlj'  per- 
sonal and  political  relations  to  both,  I  would 
have  been  well  satisfied  with  the  election  of 
either.' 

"  I  have  now  given  a  faithful  detail  of  the  cir- 
cumstances and  facts  which  transpired  touching 
my  movements  in  Florida,  during  the  Seminole 
campaign. 

"When  Mr.  Calhoun  was  secretly  misinter- 
preting my  views  and  conduct  through  Mr. 
Speer  to  the  citizens  of  South  Carolina,  I  had 
extended  to  him  my  fullest  conl  lence,  inas- 
much as  I  consulted  him  as  if  he  were  one 
of  my  cabinot,  showed  him  the  written  rules 
by  which  my  administration  was  to  be  gov- 
erned, which  he  apparently  approved,  received 
from  him  the  strongest  professions  of  friend- 
ship, so  much  so  that  I  would  have  scorned 
even  a  suggestion  that  he  was  capable  of  such 
unworthy  conduct. 

«  ANDREW  JACKSON." 

Such  is  the  paper  which  General  Jackson 
left  behind  him  for  publication,  and  which  is  so 
essential  to  the  understanding  of  the  events  of 
the  time.  From  the  rupture  between  General 
Jackson  and  Mr.  Calhoun  (beginning  to  open 
in  1830,  and  breaking  out  in  1831),  dates  ca- 
lamitous events  to  this  country,  upon  which 
history  cannot  shut  her  eyes,  and  which  would 
be  a  barren  relation  without  the  revelation  of 
their  cause.  Justice  to  Mr.  Monroe  (who  seemed 
to  hesitate  in  the  cabinet  about  the  proposition 
to  censure  or  punish  Gen.  Jackson),  requires  it 
to  be  distinctly  brought  out  that  he  had  either 
never  read,  or  had  entirely  forgotten  General 
Ja<;kson's  confidential  letter,  to  be  answered 
through  the  venerable  representative  from  Ten- 
nessee (Mr.  John  Rhea),  and  the  production  of 
which  in  the  cabinet  had  such  a  decided  influ- 
ence on  Mr.  Calhoun's  proposition — and  against 
it.  This  is  well  told  in  the  letter  of  Mr.  Craw- 
ford to  Mr.  Forsyth— is  enforced  in  the  "  Expo- 
sition," and  referred  to  in  the  "  correspondence," 
but  deserves  to  be  reproduced  in  Mr.  Crawford's 


own  words.  lie  says :  "  Indeed,  my  own  views 
on  the  subject  had  undergone  a  material  change 
after  the  cabinet  had  been  convened.  Mr.  Calhoun 
made  some  allusion  to  a  letter  the  General  had 
written  to  the  President,  who  had  forgotten 
that  he  had  received  such  a  letter,  but  said  if 
he  had  received  such  an  one,  he  could  find  it ; 
and  went  directly  to  his  cabinet  and  brought  the 
letter  out.  In  it  General  Jackson  approved  of 
the  determination  of  the  government  to  break  up 
Amelia  Island  and  Galveston ;  and  gave  it  also 
as  his  opinion  that  the  Floridas  should  be  taken 
by  the  United  States.  He  added  it  might  be  a 
delicate  matter  for  the  Executive  to  decide ;  but 
if  the  President  approved  of  it,  he  had  only  to 
give  a  hint  to  some  confidential  member  of  Con- 
gress, say  Mr.  Johnny  Ray  (Rhea),  and  he  would 
do  it,  and  take  the  responsibility  of  it  on  him- 
self. I  asked  the  President  if  the  letter  had 
been  answered.  He  replied,  No ;  for  that  he 
had  no  recollection  of  having  received  it.  I 
then  said  that  I  had  no  doubt  that  General  Jack- 
son, in  taking  Pcnsacola,  believed  he  was  doing 
what  the  Executive  wished.  After  that  letter 
was  produced  unanswered  I  should  have  opposed 
the  infliction  of  punishment  upon  the  General, 
who  had  considered  the  silence  of  the  President 
as  a  tacit  consent.  Yet  it  was  after  this  letter 
was  produced  and  read  that  Mr.  Calhoun  made 
his  proposition  to  the  cabinet  for  punishing  the 
General.  ^  You  may  show  this  letter  to  Mr.  Cal- 
houn, if  you  please."  It  was  shown  to  him  by 
General  Jackson,  as  shown  in  the  "  correspond- 
ence," and  in  the  "Exposition;"  and  is  only  re- 
produced here  for  the  sake  of  doing  justice  to 
Mr.  Monroe. 


CHAPTER   LIV. 

BREAKING  UP  OF  THE  CABINET,  AND  APPOINT 
MENT  OF  ANOTIIEE. 

The  publication  of  Mr.  Calhoun's  pamphlet  wai» 
quickly  followed  by  an  event  which  seemed  to 
be  its  natural  consequence — that  of  a  breaking 
up,  and  reconstructing  the  President's  cabinet. 
Several  of  its  members  classed  as  the  politicai 
friends  of  Mr.  Calhoun,  and  could  hardly  expec'* 
to  remain  as  ministers  to  General  Jackson 
while  adhering  to  that  gentleman.    The  Secre" 


ANNO  1831.    ANDREW  JACKSON,  PRESIDENT. 


181 


tary  of  Slate,  Mr.  Van  Bun^n,  was  in  the  cate- 
gory of  future  presidential  aspirants;  and  in 
that  character  obnoxious  to  Mr.  Calhoun,  and 
became  the  cause  of  attacks  upon  the  Presi- 
dent. Ho  determined  to  resign ;  and  that  de- 
termination curried  with  it  the  voluntary,  or 
obligatory  resignutiona  of  all  the  others — each 
one  of  whom  published  his  reasons  for  his  act 
Mr.  Eaton,  Secretary  at  War,  placed  his  upon 
the  ground  of  original  disinclination  to  take  the 
place,  and  a  design  to  quit  it  at  the  first  suita- 
ble moment — which  he  believed  had  now  arriv- 
ed. Mr.  Ingham,  Secretary  of  the  Treasury, 
Mr.  Branch,  of  the  Navy,  and  Jlr.  Berrien,  At- 
torney General,  placed  theirs  upon  tiie  ground 
of  compliance  with  the  President's  wishes.  Of 
tlie  three  latter,  the  two  first  classed  as  the 
friends  of  Mr.  Calhoun  ;  the  Attorney  General, 
on  this  occasion,  was  considered  as  favoring 
him,  but  not  of  his  political  party.  The  unplea- 
sant business  was  courteously  conducted — 
transacted  in  writing  as  well  as  in  personal 
conversations,  and  all  in  terms  of  the  utmost 
lecorum.  Far  from  attempting  to  find  an  ex- 
cuse for  his  conduct  in  the  imputed  misconduct 
»f  the  retiring  Secretaries,  the  President  gave 
them  letters  of  respect,  in  which  he  bore  testi- 
mony to  their  acceptable  deportment  while 
associated  with  him,  and  placed  the  required 
resignations  exclusively  on  the  ground  of  a  de- 
termination to  reorganize  his  cabinet.  And, 
in  fact,  that  determination  became  unavoidable 
after  the  appearance  of  Mr.  Calhoun's  pam- 
phlet. After  that  Mr.  Van  Buren  could  not  re- 
main, as  being  viewed  under  the  aspect  of 
'■  Mordecai,  the  Jew,  sitting  at  the  king's  gate." 
Mr.  Eaton,  as  his  supporter,  found  a  reason  to 
do  what  he  wished,  in  following  his  example. 
The  supporters  of  Mr.  Calhoun,  howsoever  imex- 
ceptionable  their  conduct  had  been,  and  might 
be,  could  neither  expect,  nor  desire,  to  remain 
among  the  President's  confidential  advisers 
after  the  broad  rupture  with  that  gentleman. 
Mr.  Barry,  Postmaster  General,  and  the  first 
of  that  oflSce  who  had  been  caMcC  to  the 
cabmet  councils,  and  classing  as  friendly  to 
Mr.  Van  Buren,  did  not  resign,  but  soon  had 
his  place  vacated  by  the  appointment  of  min- 
ister to  Spain.  Mr.  Van  Buren's  resignation 
was  soon  followed  by  the  appointment  of  min- 
ister to  London;  and  Mr.  Eaton  was  made 
Governor  of  Florida ;  and,  on  the  early  death 


of  Mr.  Barry,  became  his  successor  at  Ma« 
drid. 

The  new  cabinet  was  composed  of  Edward 
Livingston  of  Louisiana,  Secretary  of  State ; 
Louis  McLane  of  Delaware  (recalled  from  the 
London  mission  for  that  purpose).  Secretary  of 
the  Treasury ;  Lewis  Cass  of  Ohio,  Secretary 
at  War ;  Levi  Woodbury  of  New  Hampshire, 
Secretary  of  the  Navy ;  Amos  Kendall  of  Ken- 
tucky, Postmaster  General;  Koger  Brooke 
Taney  of  Maryland,  Attorney  (Jeneral.  This 
change  in  the  cabinet  made  a  great  figure  in  tho 
party  politics  of  the  day,  and  filled  all  the  opi)o- 
sition  newspaixsrs,  and  had  many  sinister  rea- 
sons assigned  for  it — all  to  the  prejudice  of 
General  Jackson,  and  Mr.  Van  Buren  —  to 
which  neither  of  them  replied,  though  having 
tlie  easy  means  of  vindication  in  their  hands — 
the  former  in  the  then  prepared  "  Exposition  '- 
which  is  now  first  given  to  the  public — the  lat- 
ter in  the  testimony  of  General  Jackson,  also 
first  published  in  this  Thirty  Years'  Vikw, 
and  in  the  history  of  the  real  cause  of  the  breach 
between  General  Jackson  and  Mr.  Calhoun, 
which  the  "  Exposition  "  contains.  Mr.  Craw- 
ford was  also  sought  to  be  injured  in  the  pub- 
lished "  correspondence,"  chiefly  as  the  alleged 
divulger,  and  for  a  wicked  purpose,  of  the  pro- 
ceedings in  Mr.  Monroe's  cabinet  in  relation  to 
the  proposed  military  court  on  General  Jackson. 
Mr.  Calhoun  arraigned  him  as  the  divulger  of 
that  cabinet  secret,  to  the  faithful  keeping  of 
which,  as  well  as  of  all  the  cabinet  proceedings, 
every  member  of  that  council  is  most  strictly 
enjoined.  Mr.  Crawford's  answer  to  this  ar- 
raignment was  brief  and  pointed.  He  denied 
the  divulgation — affirmed  that  the  disclosure 
had  been  made  immediately  after  the  cabinet 
consultation,  in  a  letter  sent  to  Nashville,  Ten- 
nessee, and  published  in  a  paper  of  that  city,  in 
which  the  facts  were  reversed — Mr.  Crawford 
being  made  the  mover  of  the  court  of  inquiry 
proposition,  and  Mr.  Calhoun  the  defender  of 
the  General ;  and  he  expresed  his  belief  that 
Mr.  Calhoun  procured  that  letter  to  be  written 
and  published,  for  the  purpose  of  exciting  Gen- 
eral Jackson  against  him ;  (which  belief  the 
Exposition  seems  to  confirm) — and  declaring 
that  he  only  spoke  of  the  cabinet  proposition 
after  the  publication  of  that  letter,  and  for  the 
purpose  of  contradicting  it,  and  telling  the  fact, 
that  Mr.  Calhoun  made  the  proposition  for  thd 


182 


THIRTY  YEARS'  VIEW. 


I!      W  '.    '  '    i 


court,  and  that  Mr.  Adams  and  himself  resisted, 
and  defeated  it.  His  words  were  :  "  My  apol- 
ogy for  having  disclosed  what  passed  in  a  cabi- 
net meeting,  is  this :  In  the  summer  after  that 
meeting,  an  extract  of  a  leltei  from  Washing- 
ton was  published  in  a  Nashville  paper,  in  which 
it  was  stated  that  I  had  proposed  to  arrest 
General  Jackson,  but  that  he  was  triumphantly 
defended  by  Mr.  Calhoun  and  Mr.  Adams. 
This  letter  I  have  always  believed  was  written 
by  Mr.  Calhoun,  or  by  his  direction.  It  had 
the  desired  effect.  General  Jackson  became 
extremely  inimical  to  me,  and  friendly  to  Mr. 
Calhoun.  In  stating  the  arguments  of  Mr. 
Adams  to  induce  Mr.  Monroe  to  support  Gen- 
eral .Jackson's  conduct  throughout,  adverting 
to  Mr.  Monroe's  apparent  admission,  that  if  a 
young  officer  had  acted  so,  he  might  be  safely 
punished,  Mr.  Adams  said — that  if  General 
Jackson  had  acted  so,  that  if  he  had  been  a 
subaltern  officer,  ahooting  was  too  good  for 
him.  This,  however,  was  said  with  a  view  of 
driving  Mr.  Monroe  to  an  unlimited  support  of 
what  General  Jackson  had  done,  and  not  with 
an  unfriendly  view  to  the  General.  JMr.  Cal- 
houn's proposition  in  the  cabinet  was,  that 
General  Jackson  should  be  punished  in  some 
form,  I  am  not  positive  which.  As  Mr.  Cal- 
houn did  not  propose  to  arrest  General  Jack- 
son, I  feel  confident  that  I  could  not  have  made 
use  of  that  word  in  my  relation  to  you  of  the 
circumstances  which  transpired  in  the  cabinet." 
This  was  in  the  letter  to  Mr.  Forsyth,  of  April 
30th,  1830,  and  which  was  shown  to  General 
Jackson,  and  by  him  communicated  to  Mr.  Cal- 
houn; and  which  was  the  second  thing  that 
brought  him  to  suspect  Mr.  Calhoun,  having 
repulsed  all  previous  intimations  of  his  hostility 
to  the  General,  or  been  quieted  by  Mr.  Cal- 
houn's answers.  The  Nashville  letter  is  strong- 
ly presented  in  the  "  Exposition "  as  having 
come  from  Mr.  Calhoun,  as  believed  by  Mr. 
Crawford. 

Upon  the  publication  of  the  "correspond- 
ence," the  Telegraph,  formerly  the  Jackson 
organ,  changed  its  course,  as  had  been  revealed 
to  Mr.  Duncanson — came  out  for  Mr.  Calhoun, 
and  against  General  Jackson  and  Mr.  Van  Bu- 
ren,  followed  by  all  the  affiliated  presses  which 
awaited  its  lead.  The  Globe  took  the  stand 
for  which  it  was  established ;  and  became  the 
faithful,   fearless,   incorruptible,  and  powerful 


supporter  of  General  Jackson  and  his  adminia* 
tration,  in  the  long,  vthcmeiit,  and  eventful 
contests  in  which  he  became  engaged. 


CHAPTER    LV. 

MILITARY  ACADEMY. 

The  small  military  establishment  of  the  United 
States  seemed  to  be  almost  in  a  state  of  dissolu- 
tion about  this  time,  from  the  frequency  of  de- 
sertion ;  and  the  wisdom  of  Congress  was  taxed 
to  find  a  remedy  for  the  evil.  It  could  devise 
no  other  than  an  increase  of  pay  to  the  rank 
and  file  and  non-commissioned  officers ;  which 
upon  trial,  was  found  to  answer  but  little  pur- 
pose. In  an  army  of  COCO  the  desertions  wen 
1450  in  the  year;  and  increasing.  Mr.  Slacon 
from  his  home  in  North  Carolina,  having  his 
attention  directed  to  the  subject  by  the  debates 
in  Congress,  wrote  me  a  letter,  in  which  he  laiJ 
his  fin  .er  upon  the  true  cause  of  these  deser 
tions,  and  consequently  showed  what  should  b« 
the  true  remedy.    He  wrote  thus : 

"Why  docs  the  army,  of  late  years,  descr' 
more  than  formerly  ?  Because  the  officers  have 
been  brought  up  at  West  Point,  and  not  amonj; 
the  people.  Soldiers  desert  because  not  attach- 
ed to  the  service,  or  not  attached  to  the  oflicers. 
West  Point  cadets  prevent  the  promotion  of 
good  sergeants,  and  men  cannot  like  a  service 
which  denies  them  promotion,  nor  like  oflicers 
who  get  all  the  commissions.  The  increase  of 
pay  will  not  cure  the  evil,  and  nothing  but  pro- 
motion will.  In  the  Revolutionar)'  anny,  we 
had  many  distinguished  officers,  who  entered 
the  army  as  privates. " 

This  is  wisdom,  and  besides  carr}'ing  convic- 
tion for  the  truth  of  all  it  says,  it  leads  to  re- 
flections upon  the  nature  and  effects  of  our  na- 
tional military  school,  which  extend  be3-ond 
the  evil  which  was  the  cause  of  writing  it.  Since 
the  act  of  1812,  which  placed  this  institution 
upon  its  present  footing,  giving  its  students  a 
legal  right  to  appointment  (as  constructed  and 
practised),  it  may  be  assumed  that  there  is  not 
a  government  in  Europe,  and  has  been  none 
since  the  commencement  of  the  French  revolu- 
tion (when  the  nobles  had  pretty  nearly  a  mo- 
nopoly of  army  appointments),  so  unfriendly 
to  the  rights  of  the  people,  and  giving  such  un* 


ANNO  1831.     ANDREW  JACKSON,  riUlSIDENT. 


183 


due  advantai^-H  to  Bonic  parts  of  ti.o  cuiiunu 
nity  over  tho  rest.  Dflicers  can  now  rise  from 
the  ranl'8  in  all  tho  countiicH  of  EurojH) — in 
Austria,  IlusHJa,  PruHHiu,  an  well  aa  in  (iiviit 
Britain,  ot  whicli  there  are  constant  and  illus- 
trious examples.  Twenty-three  marKhuls  of 
tho  cmpin  rose  from  the  ranks — amonjf  (hem 
Ney,  Mass  >na,  Oudinot,  Murat,  Soult,  Berna- 
dottc.  In  Great  Britain,  notwithstanding  her 
Royal  Military  Colley;e,  the  largest  part  of  the 
commissions  arc  now  given  to  citizens  in  civil 
life,  and  to  non-commissioned  ofiicers.  A  re- 
turn lately  made  to  parliament  shows  that  in 
eighteen  years — from  1830  to  1847 — the  number 
of  citizens  who  received  commissions,  was  1,200 ; 
the  number  of  non-commissioned  officers  pro- 
moted, was  440  ;  and  the  number  of  cadets  ap- 
pointed from  tho  lloyal  Military  College  was 
473.  These  citizen  appointments  were  exclusive 
of  those  who  purchased  commissions — another 
mode  for  citizens  to  get  into  tho  British  army, 
and  which  largely  increases  the  number  in  that 
class  of  appointments — sales  of  commissions, 
with  the  approbation  of  the  government,  being 
there  valid.  But  exclusive  cf  purchased  commis- 
sions during  the  same  period  of  eighteen  years, 
the  number  of  citizens  appointed,  and  of  non- 
commissioned officers  promoted,  were,  together, 
nearly  four  times  the  number  of  government 
cadets  appointed.  Now,  how  has  it  been  in  our 
sei  \  ice  during  any  equal  number  of  years,  or  all 
(he  years,  since  the  Military  Academy  got  into 
full  operation  under  the  act  of  1812  ?  I  confine 
the  inquiry  to  the  period  subsequent  to  tho  war  of 
1812,  for  during  that  war  there  were  field  and 
general  officers  in  service  who  came  from  civil 
life,  and  who  procured  the  promotion  of  many 
meritorious  non-commissioned  officers  ;  the  act 
flot  having  at  first  been  construed  to  exclude 
them.  IIow  many  ?  Few  or  none,  of  citizens  ap- 
pointed, or  non-commisioncd  officers  promoted 
—only  in  new  or  temporary  corps — the  others 
being  held  to  belong  to  the  government  cadets. 
I  will  mention  two  instances  coming  within 
my  own  knowledge,  to  illustrate  the  difficulty 
of  obtaining  a  commission  for  a  citizen  in  the 
regular  regiments — one  the  case  of  the  late  Capt. 
Hermann  Thorn,  son  of  Col.  Thorn,  of  New- 
York.  The  young  man  had  applied  for  the  place 
of  cadet  at  West  Point ;  «nd  not  being  able  to 
obtain  it,  and  having  a  strong  military  turn,  he 
sought  service  in  Europe,  and  found  it  in  Aus- 


tria; and  was  admitted  tjito  a  hussar  regiment 
on  tho  confines  of  Turkey,  without  commission, 
but  with  the  pay,  clothing,  and  ration  of  a  cor' 
poral ;  with  tho  privilege  of  assoclnclng  with 
officers,  and  a  right  to  expect  a  commission  if 
he  proved  himself  worthy.  These  are  the  exact 
terms,  substituting  sergeant  for  corporal,  on 
which  cadets  were  received  into  the  army,  and 
attached  to  companies,  in  Washington's  time. 
Young  Thorn  proved  himself  to  1x3  worthy ;  re- 
ceived tl  0  commission;  rose  in  five  years  to  the 
rank  of  first  lieutenant;  wlien,  tho  war  breaking 
out  between  the  United  iStates  and  Mexico,  he 
asked  leave  to  resign,  was  permitted  to  do  so, 
and  came  home  to  ask  service  in  the  regular  ar- 
my of  tho  United  States.  His  application  was 
made  through  Senator  Cass  and  others,  he  only 
asking  for  tho  lowest  place  in  the  gradation  of 
officers,  so  as  not  to  interfere  with  the  right  of 
promotion  in  any  one.  The  application  was  re- 
fused on  the  ground  of  illegality,  he  not  having 
graduated  at  West  Point.  Afterwards  I  took 
up  the  caisc  of  tho  young  man,  got  President  Polk 
to  nominate  him,  sustained  the  nomination  be- 
fore the  Senate ;  and  thus  got  a  start  for  a  young 
officer  who  soon  advanced  himself,  receiving  two 
brevets  for  gallant  conduct  and  several  wounds 
in  the  great  battles  of  Mexico ;  and  was  after- 
wards drowned,  conducting  a  detachment  to 
California,  in  crossing  his  men  over  the  great 
Colorado  of  the  West. 

Thus  Thorn  was  with  difficulty  saved.  Tho 
other  case  was  that  of  the  famous  Kit  Carson 
also  nominated  by  President  Polk.  I  was  not 
present  to  argue  his  case  when  he  was  rejected, 
and  might  have  done  no  good  if  I  had  been,  the 
place  being  held  to  belong  to  a  cadet  that  was 
waiting  for  it.  Carson  was  rejected  because  he 
did  not  come  through  the  West  Point  gate.  Be- 
ing a  patriotic  man,  he  has  sirce  led  many  ex- 
peditions of  liis  countrymen,  and  acted  as  guide 
to  the  United  States  officers,  in  New  Mexico, 
where  he  lives.  He  was  a  guide  to  the  detach- 
ment that  undertook  to  rescue  the  unfortunate 
Mrs.  White,  whose  fate  excited  so  much  com- 
miseration at  the  time ;  and  I  have  the  evidence 
that  if  he  had  been  commander,  the  rescue  would 
have  been  efTectcd,  and  the  unhappy  woman 
saved  from  massacre. 

This  rule  of  appointment  (the  graduates  of 
the  academy  to  take  all)  may  now  be  considered 
the  law  of  the  land,  so  settled  by  construction 


mttim 


i>tii-i  iMIh  iJ'' 


184 


THMtTV  YI'ARS'  VIKW. 


.!^   •:! 


•rid  sonatnrinl  nc(iuii'srciic(> ;  nnd  conscr|iiciitIy 
that  no  Aincriciin  citizen  is  to  vuk'V  tlio  n  ^Milar 
anny  cxcc'iit  tlirouftli  tlie  pitc  of  the  United 
States  Military  Academy ;  and  fiw  can  renrli 
that  gate  excejit  thifMifrh  the  \vei}.'ht  of  a  family 
eonnoction,  a  political  inthience,  or  tho  iuBtrn- 
mentality  of  a  friend  at  conrt.  Genius  in  oh- 
>!curity  lias  no  chance  ;  ami  the  whole  tendency 
of  tho  institution  is  to  make  a  povernmental,  nnd 
not  a  national  arnn-.  Ajtpointed  cadet,  l»y  the 
Prisident,  nominated  officer  hy  him,  proniote<l 
upon  his  nomination,  holding  commissiim  at,  liis 
pK'asuro,  receivinjx  his  orders  as  law,  lookin?  to 
liim  as  the  fountain  of  honor,  the  sourco  of  pre- 
ferment, nnd  the  di.^penspi  of  a<;reenf)le  and  pro- 
fltnhlc  employment — these  cadet  officers  nuist 
naturally  feid  themselves  independent  of  the 
peojile,  and  dependent  upon  the  President ;  and 
bo  irre,si,-<til)ly  led  to  acquire  the  hal)its  and  fel- 
ings  which,  in  all  a;;e.s,  have  rendered  regtdar  ar- 
mies obnoxious  to  popular  governments. 

The  instinctive  sagacity  of  the  people  has 
long  since  comprehended  all  this,  nnd  conceived 
an  aversion  to  the  institution  which  lias  mani- 
fested itself  in  manj' demonstrations  ngninst  it 
— sometimes  in  Congress,  sometimes  in  the 
State  legislatures,  always  to  Ijo  met,  and  trium- 
phantly met,  by  adducing  Washington  as  the 
father  and  founder  of  the  institution.— No  ad- 
duction could  be  more  fallacious.  Washington 
is  no  more  the  father  of  the  present  West  Point 
than  he  is  of  the  present  Mount  Vernon.  The 
West  Point  of  his  day  was  a  school  of  engineer- 
ing and  artillery,  and  nothing  more ;  the  cadet  of 
his  day  was  a  young  soldier,  attached  to  a  com- 
pany, and  serving  with  it  in  the  field  and  in  the 
:!amp,  "  with  the  pay,  clothing,  and  ration  of  ser- 
',cant"  (act  of  1704) ;  and  in  the  intervals  of  vi- 
•iva  service,  if  he  had  shown  an  inclination  for  the 
profession,  and  a  capacity  for  its  higher  branch- 
es, then  he  was  sent,  in  the  "discretion"  of  the 
President,  to  West  Point,  to  take  instniction  in 
those  higher  branches,  namely,  artillery  and  engi- 
neering, and  nothing  more.  All  the  drills  both  of 
officer  and  private— all  the  camp  duty— all  the 
trainings  in  the  infantry,  the  cavalry,  and  the  rifle 
—were  then  left  to  be  taught  in  the  field  and 
the  camp— a  better  school  than  any  academy ; 
and  under  officers  who  were  to  lead  them  into 
action— better  teachers  than  any  school-room 
professors.  And  all  without  any  additional 
expense  to  the  United  States. 


All  WHS  right  in  the  time  of  ^\'Mshington,  nnd 
uf'ler\varil.-<,  up  to  the  act  of  1812.  None  bceanio 
cadeiN  then  but  those  wlio  had  a  stcmiach  for 
the  ha.'d.-ilii;)H.  as  well  as  taste  for  the  pleasures 
of  a  soldier's  life— who,  like  the  Young  Norval 
on  tho  flnimpian  Hills,  had  felt  tho  soldier's 
lilo'id  stir  in  their  veins,  nnd  longed  to  bo  off  to 
tho  scene  of  war's  ninnns,  instead  of  standing 
guard  over  flocks  and  herds.  Cadets  were  not 
then  sent  to  a  superb  school,  with  the  cmolu- 
iiniits  of  odleers,  to  remain  four  years  at  public 
expense,  receiving  educations  for  civil  as  well  oa 
military  life,  with  tho  right  to  have  commis- 
sions and  bo  provided  for  by  the  government; 
or  with  the  secix't  intent  to  quit  the  ser\'ice  as 
soon  ns  they  could  do  better — which  most  of 
them  soon  do.  The  act  of  1812  did  the  mis- 
chief; and  that  insidiously  and  by  construction, 
while  ostensibly  keeping  up  the  old  idea  of  ca- 
dets serving  with  their  companies,  and  only  de- 
tached when  the  President  pleased,  to  get  in- 
struction at  the  academy.  It  runs  thus:  "Tho 
cadets  heretofore  appointed  in  the  service  of  the 
United  States,  whether  of  artillery,  cavalry,  rifle- 
men, or  iiifantry.  or  may  be  in  future  appointed 
or  hereinafter  jn'ovided,  shall  at  no  time  exceed 
250 ;  that  they  may  be  attached,  at  the  discre- 
tion of  tho  President  of  the  United  States  ns 
-tiident'-  to  the  ^Military  Academy ;  and  be  sub- 
ject to  the  established  regulations  thereof." 

The  deception  of  this  clause  is  in  keejiing  up 
the  old  idea  of  these  cadets  being  with  their 
companies,  and  by  the  judgment  of  the  Presi- 
dent detached  from  their  companies,  and  attach- 
ed, as  students,  to  the  Military  Academy.  Tho 
President  is  to  exercise  a  "  discretion,"  by 
which  the  cadet  is  transferred  for  a  while  from 
his  company  to  the  school,  to  be  there  as  a  stu- 
dent ;  that  is  to  say,  like  a  student,  but  still 
retaining  his  original  character  of  (]U(wi  officer 
in  his  company.  This  change  from  camp  to 
school,  upon  the  face  of  the  act,  was  to  be,  as 
formerly,  a  question  for  the  President  to  decide, 
dependent  for  its  solution  upon  the  military 
indications  of  the  young  man's  character,  and 
his  capacity  for  the  higher  branches  of  the  ser- 
vice ;  and  this  only  permissive  in  the  President, 
lie  "  may "  attach,  &c.  Now,  all  this  is  illu- 
sion. Cadets  are  not  sent  to  companies,  whe« 
ther  of  artillery,  infantry,  cavalry,  or  riflemen. 
The  President  exercises  no  "  discretion  "  about 
detaching  them  from  their  company  and  attach- 


ing them  n 
students, 
four    yeari 
whether  tl 
not.    That 
the  act : 
Another  c 
cles,  with 
to  serve  fi 
This  is  deci 
no  existen< 
(0  bo  perfi 
dier's  eiilis 
and  was  a 
the  act. 
listed  soldi 
the  usuai 
dier— this 
reality  a  | 
mcuts  of  a 
lie  expense 
ranks.    T 
no  strong 
which  the 
explains ; 
tutional  oi 
the  forms, 
bers  who 
Congress 
nary  univ( 
policy  and 
this  mann 
selection  ( 
statute,  0 
they  sign 
but  only 
scruples ; 
riods  of  I 
ginal  arti 
«5xhibited 
enlisted 
fore  cone 
five  yean 
at  all,  ai 
within  a 
of  them  ' 
without 
of  unwil 
quit;  as 
officer  ir 
thirty-si 
commiss 


ANNO  ISrU.     ANDIIF.W  JACKSON.  I'UKSIDrNT. 


185 


I 


Ing  thcin  ftc  BtiidontM.  Tlioy  aro  nppoiiittfl  as 
Htudeiits,  uikI  k'>  ri^ht  oil'  to  hcIidoI,  iitid  get 
four  years'  educution  at  tlio  public  oxpenso. 
whether  they  Imve  any  tnxte  for  military  life,  or 
not.  That  is  the  llrat  large  deception  under 
the  act:  others  follow,  until  it  is  all  deception. 
Another  clauHO  says,  the  cadet  Hlmll  "  sign  arti- 
cles, with  the  consent  of  his  parent  or  guardian, 
to  serve  five  years,  unless  sooner  discharged." 
This  is  deceptive,  suggesting  a  service  which  lias 
no  existence,  and  taking  a  bond  for  what  is  not 
(o  be  performed.  It  is  the  langmigc  of  a  sol- 
dier's enlistment,  where  there  is  no  enlistment ; 
and  was  a  fiction  invented  to  const itutionalize 
the  act.  The  language  makes  the  cadet  an  en- 
listed soldier,  bound  to  servo  the  United  States 
the  usual  soldier's  term,  when  this  paper  sol- 
dier— this  apparent  private  in  the  ranks — is  in 
reality  a  gentleman  stmlent,  with  the  emolu- 
ments of  an  offlccr,  obtaining  education  at  pub- 
lic expense,  instead  of  carrying  a  musket  in  the 
ranks.  The  whole  clause  is  an  illusion,  to  use 
no  stronger  term,  and  put  in  for  a  purpose 
which  the  legislative  history  of  the  day  well 
explains ;  and  that  was,  to  make  the  act  consti- 
tutional on  its  face,  and  enable  it  to  get  through 
the  forms,  and  become  a  law.  There  were  mem- 
bers who  denied  the  constitutional  right  of 
Congress  to  establish  this  national  eleemosy- 
nary university ;  and  others  who  doubted  the 
policy  and  expediency  of  officering  the  army  in 
this  manner.  To  get  over  these  objections,  the 
selection  of  the  students  took  the  form,  in  the 
statute,  of  a  soldier's  enlistment ;  and  in  ftict 
they  sign  articles  of  enlistment,  like  recruits, 
but  only  to  appease  the  constitution  and  satisfy 
Bcniples ;  and  I  have  myself,  in  the  early  pe- 
riods of  my  service  in  the  Senate,  seen  the  ori- 
ginal articles  brought  into  secret  session  and 
exhibited,  to  prove  that  the  student  was  an 
enlisted  soldier,  and  not  a  student,  and  there- 
fore constitutionally  in  service.  The  term  of 
five  years  being  found  to  be  no  term  of  service 
at  all,  as  the  student  might  quit  the  service 
within  a  year  after  his  education,  which  many 
of  them  did,  it  was  extended  to  eight ;  but  still 
without  effect,  except  in  procuring  a  few  years 
of  unwilling  service  from  those  who  mean  to 
quit ;  as  the  greater  part  do.  I  was  told  by  an 
officer  in  the  time  of  the  Mexican  war  that,  of 
thirty-six  cadets  who  had  graduated  and  been 
commissioned  at  the  same  time  with  himself, 


there  wcrt>  only  about  half  a  dozen  tlun  in  ner- 
vice  ;  so  that  this  great  national  eslnlilishnient 
in  mainly  a  school  for  the  gratuitous  education 
r)f  those  who  have  influence  to  get  their.  The 
act  provides  that  these  students  are  to  be  in- 
structed in  the  lower  as  well  as  the  higher 
branches  of  the  military  art ;  they  arc  to  be 
"  trained  and  taught  all  the  duties  incident  to 
a  regular  camp."  Now,  all  this  training  and 
teaching,  and  regular  camp  duty,  was  done  in 
Washington's  time  in  the  regular  camp  itself, 
and  alK>ut  as  much  better  done  us  substance  is 
better  than  form,  and  reality  better  than  imita- 
tion, with  the  advantage  of  training  each  officer 
to  the  particular  arm  of  the  service  to  which  ho 
was  to  belong,  and  in  which  ho  would  be  ex- 
pected to  excel. 

Gratuitous  instruction  to  the  children  of  the 
living  is  a  vicious  principle,  which  has  no  foun- 
dation in  reason  or  precedent.  Such  instnic- 
tion,  to  the  children  of  those  who  have  died 
for  their  country,  is  as  old  as  the  first  ages  of 
the  Grecian  republics,  as  we  learn  from  the 
oration  which  Thucydides  puts  into  the  mouth 
of  Pericles  at  the  funeral  of  the  first  slain  of 
the  Peloponnesian  war :  and  as  modern  as  the 
present  British  Military  Royal  Academy ;  which, 
although  royal,  makes  the  sons  of  the  living 
nobility  and  gentry  pay ;  and  only  gives  gratu- 
itous instruction  and  support  to  the  sons  of 
those  who  have  died  in  the  public  service.  And 
so,  I  believe,  of  other  European  militarj'  schools. 

These  arc  vital  objections  to  the  institution ; 
but  they  do  not  include  the  high  practical  evil 
which  the  wisdom  of  Mr.  Macon  discerned,  and 
with  which  this  chapter  opened — namely,  a  mo- 
nopoly of  the  appointments.  That  is  effected 
in  the  fourth  section,  not  openly  and  in  direct 
terms  (for  that  would  have  rendered  the  act  un- 
constitutional on  its  face),  but  by  the  use  of 
words  which  admit  the  construction  and  the 
practice,  and  therefore  make  the  law,  which  now 
is,  the  legal  right  of  the  cadet  to  receive  a  com 
mission  who  has  received  the  academical  diplo 
ma  for  going  through  all  the  classes.  This  gives 
to  these  cadets  a  monopoly  of  the  offices,  to  the 
exclusion  of  citizens  and  non-commissioned  offi- 
cers ;  and  it  deprives  the  Senate  of  its  constitu- 
tional share  in  making  these  appointments.  By 
a  "  regulation,"  the  academic  professors  arc  to 
recommend  at  each  annual  examination,  fivo 
cadetb  in  each  class,  on  account  of  their  particu 


' 


I 


J 


E  ^ 


^    I 


^P 


g£^ 


■*,•»•- 


186 


Tiiir.TY  yi:aiw  vikw. 


lar  merit,  whom  the  Prcsidi'iit  is  to  attach  to 
compjjinies.  This  expunges  tlic  Senate,  opens 
the  door  to  that  fiivorit'sm  which  natural  pa- 
rents find  it  hard  to  repress  among  their  own 
children,  and  which  is  proverbial  among  teach- 
ers. By  the  constitution,  and  for  a  great  pub- 
lic purpose,  and  not  us  a  privilege  of  the  body, 
the  Senate  is  to  have  an  advising  and  consenting 
power  over  the  army  appointments :  by  practice 
and  construction  it  is  not  the  President  and  Sen- 
ate, but  the  President  and  the  academy  who 
appoint  the  ofllcers.  The  President  sends  the 
student  to  the  academy :  the  academy  gives  a 
dij'loma,  and  that  gives  him  a  right  to  the  com- 
mission— tho  Senate's  consent  being  an  obliga- 
tory form.  The  President  and  the  academy 
lire  the  real  appointing  power,  and  the  Senate 
iiotliing  but  an  oflice  for  the  registration  of  their 
appointments.  And  thus  the  Senate,  by  con- 
struction of  a  statute  and  its  own  acquiescence, 
has  ceased  to  have  control  over  these  appoint- 
ments: and  the  whole  body  of  army  oflicers  is 
fast  becoming  the  mere  creation  of  Ihe  Presi- 
dent and  of  the  military  academy.  The  effect 
of  this  mode  of  appointment  will  be  to  create  a 
governmental,  instead  of  a  national  army ;  and 
tlio  etl'ect  of  this  exclusion  of  non-comniissioued 
oMicers  and  privates  from  promotion,  will  be  to 
degrade  the  regular  soldier  into  a  mercenary, 
serving  for  pay  without  affection  for  a  country 
which  dishonors  him.  Hence  the  desertions 
and  the  correlative  evil  of  diminished  enlistments 
on  the  part  of  native-born  Americans. 

Courts  of  law  have  invented  many  fictions  to 
ricilitate  trials,  but  none  to  give  jurisdiction. 
'J'he  jurisdiction  must  rest  upon  fact,  and  so 
should  the  constitutionality  of  an  act  of  Con- 
gress ;  but  thi3  act  of  1812  rests  its  constitu- 
tionality upon  fictions.  It  is  a  fiction  to  sup- 
pose that  the  cadet  is  an  enlisted  soldier — a 
fiction  to  suppose  that  he  is  attached  to  a  com- 
pany and  thence  transferred,  in  the  "  discretion  " 
of  the  President,  to  the  academy — a  fiction  to 
suppose  that  he  is  constitutionally  appointed  in 
the  army  by  the  President  and  Senate.  The 
very  title  of  the  act  is  fictitiou  ■,  giving  not  the 
least  hint,  not  even  in  the  convenient  formula 
of  "  other  purposes  "  of  the  great  school  it  was 
about  to  create. 

It  is  entitled,  "An  act  making  further  pro- 
vision for  the  corps  of  engineers ; "  when  five 
out  of  the  six  sections  which  it  contains  goto 


make  further  provision  for  two  luuulrcd  and  flfi 
ty  students  at  a  national  military  and  civil  uni-« 
versity.  As  now  constituted,  our  academy  is 
an  imitation  of  the  European  military  schools, 
which  create  governmental  and  not  national  of- 
ficers— which  make  routine  ofticers,  but  cannot 
create  military  genius — and  which  block  up  tlie 
way  against  genius — especially  barefooted  ge- 
nius— such  as  this  country  abounds  in,  and 
which  the  field  alone  can  dcvelo[)e.  "  My  chil- 
dren, " — the  French  generals  were  accustomed 
to  say  to  the  young  conscripts  during  the  Rev- 
olution— "  5Iy  children,  there  are  some  captains 
among  you,  and  the  first  campaign  will  show 
who  they  are,  and  they  shall  have  their  places. " 
And  such  expressions,  and  the  system  in  which 
they  are  founded,  have  brought  out  the  milita- 
ry genius  of  the  country  in  every  age  and  na- 
tion, and  produced  such  officers  us  the  schools 
can  never  make. 

The  adequate  remedy  for  these  evils  is  to  re- 
peal the  act  of  1812,  and  remit  the  academy  to 
its  condition  in  "Washington's  time  and  as  en- 
larged by  several  acts  up  to  181J.  Then  no 
one  would  wish  to  become  a  cadet  but  he  that 
had  the  soldier  in  him,  and  meant  to  stick  to 
his  profession,  and  work  his  way  up  from  the 
"  pay,  ration,  and  clothing  of  a  sergeant,"  to  tho 
rank  of  field-officer  or  general.  Struggles  for 
West  Point  appointments  would  then  cease, 
and  the  boys  on  the  "Grampian  Hills"  would 
have  their  chance.  This  is  the  adequate  reme- 
dy. If  that  repeal  cannot  be  had,  then  a  sub- 
ordinate and  half-way  remedy  may  be  found  in 
giving  to  citizens  and  non-commissioned  officers 
a  share  of  the  commissions,  equal  to  what  they 
get  in  the  British  service,  and  restoring  tho 
Senate  to  its  constitutional  right  of  rejecting  as 
well  as  confirming  cadet  nominations. 

These  are  no  new  views  with  me.  I  have 
kept  aloof  from  the  institution.  During  the 
almost  twenty  years  that  I  was  at  the  head  of 
the  Senate's  Committee  on  Military  Affairs, 
and  would  have  been  appropriately  a  "visitor" 
at  West  Point  at  some  of  the  annual  examina- 
tions, I  never  accepted  the  function,  and  have 
never  even  seen  the  place.  I  have  been  always 
against  the  institution  as  now  established,  and 
have  long  intended  to  bring  my  views  of  it  be- 
fore the  country ;  and  now  fulfil  that  inten* 
tion. 


BANK 


ANNO  1831.     ANDREW  JACKSON,  PRFSIDENT. 


187 


I 


CHAPTER    LVI. 

BANK  OP  THE  UNITED  STATEri.— NON-UENEWAl, 
OF  CHAKTER. 

From  the  time  of  President  Jackson's  intima- 
tions ac:ains.t  the  rechartcr  of  the  Bank,  in  the 
annual  message  of  1829,  there  had  been  a  cease- 
less and  pervading  activity  in  behalf  of  the 
Bank  in  all  parts  of  the  Union,  and  in  all  forms 
— in  the  newspapers,  in  the  halls  of  Congress, 
in  State  legislatures,  even  in  much  of  the  pe- 
riodical literature,  in  the  elections,  and  in  the 
conciliation  of  presses  and  individuals — all  con- 
ducted in  a  way  to  operate  most  strongly  upon 
the  public  mind,  and  to  conclude  the  question 
in  the  forum  of  the  people  before  it  was  brought 
forward  in  the  national  legislature.  At  the 
same  time  but  little  was  done,  or  could  bo  done 
on  the  other  side.  The  current  was  all  setting 
one  way.  I  determined  to  raise  a  voice  against 
it  in  the  Senate,  and  made  several  efforts  be- 
fore I  succeeded — the  thick  array  of  the  Bank 
friends  throwing  every  obstacle  in  my  way,  and 
even  friends  holding  me  back  for  the  regular 
course,  which  v/as  to  wait  until  the  application 
for  the  renewed  charter  to  be  presented  ;  and 
then  to  oppose  it.  I  foresaw  that,  if  this  course 
was  followed,  the  Bank  would  triumph  with- 
out a  contest — that  she  would  wait  until  a 
majority  was  installed  in  both  Houses  of  Con- 
gress— then  present  her  application — hear  a  few 
barren  speeches  in  opposition  ; — and  then  gal- 
lop the  renewed  charter  through.  In  the  session 
of  1830,  '31, 1  succeeded  in  creating  the  first  op- 
portunity of  delivering  a  speech  against  it ;  it  was 
done  a  little  irregularly  by  submitting  a  nega- 
tive resolution  against  the  renewal  of  the  char- 
ter, and  taking  the  opportunity  while  asking 
leave  to  introduce  the  resolution,  to  speak  fully 
against  the  re-charter.  My  mind  was  fixed  up- 
on the  character  of  the  speech  which  I  should 
make — one  which  should  avoid  the  beaten 
tracks  of  objection,  avoid  all  settled  points, 
avoid  the  problem  of  constitutionality — and 
take  up  the  institution  in  a  practical  sense,  as 
having  too  much  power  over  the  people  and  the 
government, — over  business  and  politics — and 
too  much  disposed  to  exercise  that  pover  to  the 
prejudice  of  the  freedom  and  equality  which 
Bhould  prevail  in  a  republic,  to  be  allowed  to 


exist  in  our  country.  But  I  knew  it  was  not 
suflicient  to  pull  down:  wc  must  build  up  also. 
The  men  of  1811  had  committed  a  fatal  error, 
when  most  wisely  refusing  to  re-charter  the  in- 
stitution of  that  day,  they  failed  to  provide  a 
substitute  for  its  currency,  and  fell  back  upon 
the  local  banks,  whose  inadequacy  speedily  made 
a  call  for  the  rc-cstabli.sh»ient  of  a  national 
bank.  I  felt  that  error  must  be  avoided— that 
another  currency  of  general  circulation  must  bo 
provided  to  replace  its  notes ;  and  I  saw  that 
currency  in  the  gold  coin  of  the  constitution, 
then  an  ideal  currency  in  the  United  States, 
having  been  totally  banished  lor  many  years  by 
the  erroneous  valuation  adopted  in  the  time  of 
Cten.  Hamilton,  Secretary  of  the  Treasury.  I 
proposed  to  revive  that  currency,  and  brought 
it  forward  at  the  conclusion  of  my  first  speech 
(February,  1831)  against  the  Bank,  thus: 

"  I  am  willing  to  see  the  charter  expire,  with- 
out providing  any  substitute  for  the  present 
bank.  I  am  willing  to  see  the  currency  of  the 
federal  governn.ent  left  to  the  hard  money 
mentioned  and  intended  in  the  constitution ;  I 
am  willing  to  have  a  hard  money  government, 
as  that  of  France  has  been  since  the  time  of 
ansif^nuts  and  vianrlals.  Every  species  of  pa- 
per might  Ih!  left  to  the  State  authorities,  un 
recogniy.ed  by  the  fedend  government,  and  only 
touched  by  it  for  its  own  convenience  when 
equivalent  to  gold  and  silver.  Such  a  currency 
filled  France  with  the  precious  metals,  wliei* 
England,  with  her  overgrown  bank,  was  a  piey 
to  all  the  evils  of  unconvertible  paper.  It  fur- 
nished money  enougii  for  the  ini|)erial  govern- 
ment when  the  population  of  tlic  empire  was 
three  times  more  numerous,  and  the  expense 
of  government  twelve  times  greater,  than  the 
population  and  exj)enses  of  the  United  States  ; 
and,  when  France  p«jssessed  no  mines  of  gold  or 
silver,  and  was  destitute  of  the  exports  which 
command  the  specie  of  other  countries.  The 
United  States  possess  gold  mines,  now  yield- 
ing half  a  million  per  annum,  with  every  pros- 
pect of  equalling  those  of  Peru.  But  this  is 
not  the  best  dependence.  We  have  what  is  su- 
perior to  mines,  namely,  the  exports  which  com- 
mand the  money  of  the  world ;  that  is  to  say, 
the  food  which  sustains  life,  and  the  raw  mate- 
rials which  sustain  manufactures,  (jold  and 
silver  is  the  best  currency  for  a  republic;  it 
suits  the  men  of  middle  property  and  the  work- 
ing people  best ;  and  if  I  was  going  to  establish 
a  working  man's  party,  it  should  be  on  the  ba- 
sis of  hard  money: — a  hard  money  party, 
against  a  paper  party." 

In  the  speech  which  I  delivered,  I  quoted  co- 
piously from  British  speakers — not  the  brilliaiU 
rhetoricians,  but  the  practical,  sensible,  upright 


I 


-I      iiMl^Wilf  IHttlM'K'l 


utmMiiilikJ'' 


188 


THIRTY  YEARS'  VIEW. 


•f 


:•!'„ 


business  men,  to  whom  countries  are  usually  in- 
debted for  all  beneficial  legislation :  the  Sir  Hen- 
ry Parnells,  the  Mr.  Joseph  Humes,  the  Mr. 
Edward  Ellicea,  the  Sir  William  Pulteneys;  and 
men  of  that  class,  legislating  for  the  practical 
concerns  of  life,  and  merging  the  orator  in  the 
man  of  business. 

THE   SPEECH — EXTRACTS. 

"  Mr.  Benton  commenced  his  speech  in  sup- 
port of  the  application  for  the  leave  he  was  about 
to  ask,  with  a  justification  of  himself  for  bringing 
forward  the  question  of  renewal  at  this  time, 
when  the  charter  had  still  five  years  to  run ; 
and  bottomed  his  vindication  chiefly  on  the 
right  he  possessed,  and  the  necessity  he  was  un- 
der to  answer  certain  reports  of  one  of  the  com- 
mittee of  the  Senate,  made  in  opposition  to  cer- 
tain resolutions  relative  to  the  bank,  which  he 
had  submitted  to  the  Senate  at  former  sessions, 
and  which  reports  he  had  not  had  an  opportunity 
of  answering.  He  said  it  had  been  his  fortune, 
or  chance,  some  three  years  ago,  to  submit  a  re- 
solution in  relation  to  the  undrawn  balances  of 
public  money  in  the  hands  of  the  bank,  and  to 
accompany  it  with  some  poor  remarks  of  unfa- 
vorable implication  to  the  future  existence  of 
that  institution.  My  resolution  [said  Mr.  B,] 
was  referred  to  the  Committee  on  Finance,  who 
made  a  report  decidedly  adverse  to  all  m)'^  views, 
and  eminently  favorable  to  the  bank,  both  as  a 
present  and  future  institution.  This  report  came 
on  the  13th  of  May,  just  fourteen  days  before 
the  conclusion  of  a  six  months'  session,  when  all 
was  hurry  and  precipitation  to  terminate  the 
business  on  hand,  and  when  there  was  not  the 
least  chance  to  engage  the  attention  of  the  Sen- 
ate in  the  consideration  of  any  new  subject. 
The  report  was,  therefore,  laid  upon  the  table 
unanswered,  but  was  printed  by  order  of  the 
Senate,  and  that  in  extra  numbers,  and  widely 
diffused  over  the  country  by  means  of  the  news- 
paper press.  At  the  commencement  of  the  next 
session,  it  being  irregular  to  call  for  the  consid- 
eration of  the  past  report,  I  was  under  the  ne- 
cessity to  begin  anew,  and  accordingly  submitted 
my  resolution  a  second  time,  and  that  quite 
early  in  the  session ;  say  on  the  first  day  of 
January.  It  was  my  wish  and  request  that  this 
resolution  might  be  discussed  in  the  Senate,  but 
the  sentiment  of  the  majority  was  different,  and 
a  second  reference  of  it  was  made  to  the  Finance 
Committee.  A  second  report  of  the  same  purport 
with  the  first  was  a  matter  of  course ;  but  what 
did  not  seem  to  me  to  be  a  matter  of  course  was 
this ;  that  this  second  report  should  not  come 
in  until  the  2()th  day  of  February,  just  fourteen 
days  again  before  the  end  of  the  session,  for  it 
was  then  the  short  session,  and  the  Senate  as 
much  pinched  as  before  for  time  to  finish  the 
business  on  hand.  No  answer  could  be  made  to 
it,  but  the  report  was  printed,  with  the  former 
Kport  appendod  to  it;  and  thus, united  liKe  the 


Siamese  twins,  and  with  the  apparent,  but  not 
real  sanction  of  the  Senate,  tlicy  went  forth  to- 
gether to  make  the  tour  of  the  Union  in  the  co- 
lumns of  the  newspaper  i)rcss.  Thus.  I  was  a 
second  time  out  of  court;  a  second  time  non- 
suited for  want  of  a  replication,  when  there 
was  no  time  to  file  one.  I  had  intciukd  to  be- 
gin de  novo,  and  for  the  third  time,  at  the  open- 
ing of  the  ensuing  session ;  but,  happily,  was  an- 
ticipated and  prevented  by  the  annual  message 
of  the  new  President  [General  Jackson],  which 
brought  this  question  of  renewing  the  bank 
charter  directly  before  Congress.  A  reference 
of  this  par*  of  the  message  was  made,  of  course, 
to  the  Finance  Committee :  the  committee,  of 
course,  again  reported,  and  with  increased  ardor, 
in  favor  of  the  bank.  Unhappily  this  tliird  re- 
port, which  was  an  amplification  and  reiteration 
of  the  two  former,  did  not  come  in  until  the  ses- 
sion was  four  months  advanced,  and  when  the 
time  of  the  Senate  had  become  engrossed,  and  its 
attention  absorbed,  bj'  the  numerous  and  impor- 
tant subjects  which  had  accumulated  upon  the 
calendar.  Printing  in  extra  numbers,  general 
circulation  through  the  newspaper  press,  and  no 
answer,  was  the  catastrophe  of  this  third  refer- 
ence to  the  Finance  Connnittee.  Thus  was  I 
non.suited  for  the  third  time.  The  fourth  ses- 
sion has  now  come  round ;  the  same  subject  is 
again  before  the  same  committee  on  the  refer- 
ence of  the  part  of  the  President's  second  annual 
message  which  relates  to  the  bank ;  and,  doubt- 
less, a  fourth  report  of  the  same  import  with  the 
three  preceding  ones,  may  be  expected.  But 
when  ?  is  the  question.  And,  as  I  cannot  answer 
that  question,  and  the  session  is  now  two  thirds 
advanced,  and  as  I  have  no  disposition  to  be  cut 
off  for  the  fourth  time,  I  have  thought  propti  to 
create  an  occasion  to  deliver  my  own  sentiments, 
by  asking  leave  to  introduce  a  joint  resolution, 
adverse  to  the  tenor  of  all  the  reports,  and  to 
give  my  reasons  against  them,  while  supporting 
my  application  for  the  leave  demanded ;  a  course 
of  proceeding  which  is  just  to  myself  and  unjust 
to  no  one,  since  all  are  at  liberty  to  answer  me. 
These  are  my  personal  reasons  for  this  step,  and 
a  part  of  my  answer  to  the  objection  that  I  have 
begun  too  soon.  The  conduct  of  the  bank,  and 
its  friends,  constitutes  the  second  branch  of  my 
justification.  It  is  certainly  not '  too  soon '  for 
them,  judging  by  their  conduct,  to  engage  in  the 
question  of  renewing  the  bank  charter.  In  and 
out  of  Congress,  they  all  seem  to  be  of  one  ac- 
cord on  this  point.  Three  reports  of  commit- 
tees in  the  Senate,  and  one  from  a  committee  of 
the  House  of  Representatives,  have  been  made 
in  favor  of  the  renewal ;  and  all  these  rrports, 
instead  of  being  laid  away  for  future  '  iSe — in- 
stead of  being  stuck  in  pigeon  holes,  anu  labelled 
for  future  attention,  as  things  coming  forth  pre- 
maturely, and  not  wanted  for  present  service — 
have,  on  the  contrary,  been  universally  received 
by  the  bank  and  its  friends,  in  one  great  tempest 
of  applause ;  greeted  with  every  species  of  ac- 
clamation; reprinted  in  most  of  the  papers,  and 


every  e 
and  th 
contain 
ees^ion, 


ANNO  1831.     ANDREW  JACKSON,  TRESIDENT. 


189 


every  eflbrt  made  to  give  the  widest  dififusion, 
and  the  hi}?hest  effect,  to  the  arguments  they 
contain.  In  addition  to  this,  and  at  the  present 
eeshion,  within  a  few  days  past,  three  thousand 
copies  of  tlie  exposition  of  the  affairs  of  the  Bank 
have  been  printed  by  order  of  the  two  Houses,  a 
thing  never  before  done,  and  now  intended  to  bla- 
zon the  merits  of  the  bank.  [Mr.  Smith,  of  Mary- 
land, here  expressed  some  olssent  to  this  state- 
ment; but  Mr.  B.  affirmed  its  correctness  in  sub- 
stance if  not  to  the  letter,  and  continued.]  This 
does  not  look  as  if  the  bank  advocates  thought 
it  was  tof)  annn  to  discuss  the  question  of  renew- 
ing the  charter;  and,  upon  this  exhibition  of 
their  sentiments,  I  shall  rest  the  assertion  and 
the  proof,  that  they  do  not  think  so.  The  third 
branch  of  my  justification  rests  upon  a  sense  of 
public  duty  ;  upon  a  sense  of  what  is  just  and 
advantageous  to  the  people  in  general,  and  to  the 
dcbtois  and  stockholders  of  the  bank  in  particu- 
lar. The  renewal  of  the  charter  is  a  question 
which  concerns  the  people  at  large ;  and  if  they 
are  to  have  any  hand  in  the  decision  of  this  ques- 
tion— if  they  are  even  to  know  what  is  done  be- 
fore it  is  done,  it  is  high  time  that  they  and  their 
representatives  in  Congress  should  understand 
each  other's  mind  upon  it.  The  charter  has  but 
five  years  to  run ;  and  if  renewed  at  all,  will 
probably  be  at  some  short  period,  say  two  or 
three  j'ears,  before  the  time  is  out,  and  at  any 
time  sooner  that  a  chance  can  be  seen  to  gallop 
the  renewal  through  Congress.  The  people, 
therefore,  have  no  time  to  lose,  if  they  mean  to 
have  any  hand  in  the  decision  of  this  great  ques- 
tion. To  the  bank  itself,  it  must  be  advantage- 
ous, at  least,  if  not  desirable,  to  know  its  fate  at 
once,  that  it  may  avoid  (if  there  is  to  be  no  re- 
newal) the  trouble  and  expense  of  multiplying 
branches  upon  the  eve  of  dissolution,  and  the 
risk  and  inconvenience  of  extending  loans  be- 
yond the  term  of  its  existence.  To  the  debtors 
upon  mortgfiges,  and  indefinite  accommodations, 
it  must  be  also  advantageous,  if  not  desirable,  to 
be  notified  in  advance  of  the  end  of  their  in- 
dulgences: so  that,  to  every  interest,  public 
and  private,  political  and  pecuniary,  general 
and  particular,  full  discussion,  and  seasonable 
decision,  is  just  and  proper. 

"  I  hold  myself  justified,  Mr.  President,  upon 
the  reasons  given,  for  proceeding  in  my  present 
application ;  but,  as  example  is  sometimes  more 
authoritative  than  reason,  I  will  take  the  liberty 
to  produce  one,  which  is  as  high  in  point  of  au- 
thority as  it  is  appropriate  in  point  of  applica- 
tion, and  which  happens  to  fit  the  case  before 
the  Senate  as  completely  as  if  it  had  been  made 
for  it.  I  speak  of  what  has  lately  been  done  in 
the  Parliament  of  Great  Britain.  It  so  happens, 
that  the  charter  of  the  Bank  of  England  is  to 
expire,  upon  its  own  limitation,  nearly  about 
the  same  time  with  the  charter  of  the  Bank  of 
the  United  States,  namely,  in  the  year  1833 ; 
and  as  far  back  as  1824,  no  less  than  nine  jxars 
before  its  expiration,  the  question  of  its  renewal 
was  debated,  and  that  with  great  freedom,  in 


the  British  House  of  Commons.  I  will  read 
some  extracts  from  that  debate,  as  the  fairest 
way  of  presenting  the  example  to  the  Senate, 
and  the  most  effectual  mode  of  securing  to  my- 
self the  advantage  of  the  sentiments  expressed 
by  British  statesman. 

TTie  Extracts. 

" '  Sir  Henry  Parnoll. — The  House  should  no 
longer  delay  to  turn  its  attention  to  the  expe- 
diency of  renewing  the  charter  of  the  Bank  of 
England.  Heretofore,  it  had  been  the  regular 
custom  to  renew  the  charter  several  years  before 
the  existing  chai-ter  had  expired.  The  last  re- 
newal was  made  when  the  existing  charter  had 
eleven  years  to  run :  the  present  charter  had 
nine  years  only  to  continue,  and  he  felt  very 
anxious  to  prevent  the  making  of  any  agreement 
between  the  government  and  the  bank  for  a  re- 
newal, without  a  full  examination  of  the  policy 
of  again  conferring  upon  the  Bank  of  England 
any  exclusive  privilege.  The  practice  had  been 
for  government  to  make  a  secret  arrangement 
with  the  bank;  to  submit  it  immediately  to 
the  proprietors  of  the  bank  for  their  approba- 
tion, and  to  call  upon  the  House  the  next  day 
to  confirm  it,  without  affording  any  opportunity 
of  fair  deliberation.  So  much  information  had 
been  obtained  upon  the  banking  trade,  and  upon 
the  nature  of  currency  in  the  last  fifteen  years, 
that  it  was  particularly  necessary  to  enter  upon 
a  full  investigation  of  the  policy  of  renewing  the 
bank  charter  before  any  negotiation  should  be 
entered  upon  between  the  government  and  the 
bank ;  and  he  trusted  the  government  would  not 
commence  any  such  negotiation  until  the  sense 
of  Parliament  had  been  taken  on  this  important 
subject.' 

" '  Mr.  Hume  said  it  was  of  very  great  impor- 
tance that  his  majesty's  ministers  should  take 
immediate  steps  to  free  themselves  from  the 
trammels  in  which  they  had  long  been  held  by 
the  bank.  As  the  interest  of  money  was  now 
nearly  on  a  level  with  what  it  was  when  the 
bank  lent  a  large  sum  to  government,  he  hoped 
the  Chancellor  of  the  Exchequer  would  not  lis- 
ten to  any  application  for  a  renewal  of  the  bank 
charter,  but  would  pay  off  every  shilling  that 
had  been  borrowed  from  the  bank.  ***** 
Let  the  country  gentlemen  recollect  that  the 
bank  was  now  acting  as  pawn-broker  on  a  largo 
scale,  and  lending  money  on  estates,  a  system 
entirely  contrary  to  the  original  intention  of 
that  institution.  ******  He  hoped,  before 
the  expiration  of  the  charter,  that  a  regular  in 
quiry  would  be  made  into  the  whole  subject. ' 

'"Mr.  Edward  Ellice.  It  (the  Bank  of  Eng- 
land) is  a  great  monopolizing  body,  enjoying 
privileges  which  belonged  to  no  other  corpora- 
tion, and  no  other  class  of  his  majesty's  sub- 
jects. *******  He  hoped  that  the  exclu- 
sive charter  would  never  again  be  grunted ;  and 
that  the  conduct  of  the  bank  during  th'  last  ten 
or  twelve  years  would  make  govermu   >t  very 


!■!         litelil- 


190 


THIRTY  YEARS'  VIEW. 


i 


•ia 


I    !  :'!  \% 


1 :  1.M  ■ 


11^r 


cautious  \w\v  they  •.•ntcrtaincd  any  such  propo- 
sitions. The  lifiht  honorable  Chancellor  of  the 
Kxchcqiior  [Mr.  Robinson]  had  protested  against 
the  idea  of  straining  any  point  to  the  prejudice 
of  the  bank  ;  he  thought,  however,  that  the  bank 
had  very  little  to  complain  of,  when  their  stock, 
after  all  their  past  profits,  was  at  2;i8.' 

" '  The  Chancellor  of  the  Exchequer  depre- 
cated tl>o  discussion,  as  leading  to  no  practical 
result.' 

'"Mr.  Alexander  Baring  objected  to  it  as 
premature  and  unnecessar}'.' 

"Sir  William  Pulteney  (in  another  debate). 
The  prejudices  in  favor  of  the  present  bank 
have  proceeded  from  the  long  habit  of  consider- 
ing it  as  a  sort  of  pillar  which  nothing  can 
shake.  ♦  ******  I'he  bank  has 
been  supported,  and  is  still  supported,  by  the 
fear  and  terror  which,  by  means  of  its  mono- 
poly, it  has  had  the  power  to  inspire.  It  is 
well  known,  that  there  is  hardly  an  extensive 
trader,  a  manufacturer,  or  a  banker,  either  in 
London,  or  at  a  distance  from  it,  to  whom  the 
bank  could  not  do  a  serious  injury,  and  could 
often  bring  on  even  insolvency.  ***** 
I  consider  the  power  given  by  the  monopoly  to 
be  of  the  nature  of  ail  other  despotic  power, 
which  corrupts  the  despot  as  much  as  it  cor- 
rupts the  slave.  *  *  *  *  *  *  It  is  in 
the  nature  of  man,  that  a  monopoly  must  ncces- 
saril}'  be  ill-conducted.  ******* 
Whatever  language  the  [private]  bankers  may 
feel  themselves  obliged  to  hold,  yet  no  one  can 
believe  that  they  have  any  satisfaction  in  being, 
and  continuing,  under  a  dominion  which  has 
pro\ed  so  grievous  and  so  disastrous.  *  *  * 
*  *  *  I  can  never  believe  that  the  mer- 
chants and  bankers  of  this  country  will  prove 
unwilling  to  emancipate  themselves,  if  they  can 
do  it  without  risking  the  resentment  of  the 
bank.  No  man  in  France  was  heard  to  com- 
plain, openly,  of  the  Bastile  while  it  existed. 
The  merchants  and  bankers  of  this  country 
have  the  blood  of  Englishmen,  and  will  be  hap- 
py to  relieve  themselves  from  a  situation  of 
perpetual  terror,  if  they  could  do  it  consistently 
with  a  due  regard  to  their  own  interest.' 

"Here  is  authority  added  to  reason — the  force 
of  a  great  example  added  to  the  weight  of  un- 
answerable reasons,  in  favor  of  early  discussion ; 
BO  that,  I  trust,  I  have  eflectually  put  aside  that 
old  and  convenient  objection  to  the  '  time,' 
that  most  flexible  and  accommodating  objection, 
which  applies  to  all  seasons,  and  all  subjects, 
and  is  just  as  available  for  cutting  oil"  a  late  de- 
bate, because  it  is  too  late,  as  it  is  for  stilling  an 
early  one,  because  it  is  too  early. 

"  But,  it  is  said  that  the  debate  will  injure 
the  stockholders ;  that  it  deprociatos  the  value 
of  their  property,  and  that  it  is  wrong  to  sport 
with  the  vested  rights  of  individuals.  This 
complaint,  supposing  it  to  come  from  the  stock- 
holders themselves,  is  both  absurd  and  ungrate- 
ful. It  '  s  absurd,  because  the  stockholders,  at 
least  so  many  of  them  as  are  not  foreigners, 


must  have  known  when  they  accepted  a  charted 
of  limited  duration,  that  the  approach  of  its 
expiration  would  renew  the  debate  upon  the 
propriety  of  its  existence;  that  every  citizen 
had  a  right,  and  every  public  man  was  under 
an  obligation,  to  declare  his  sentiments  freely ; 
that  there  was  nothing  in  the  charier,  nume- 
rous as  its  peculiar  privileges  were,  to  excnijit 
the  bank  from  that  freedom  of  speech  and  writ- 
ing, which  extends  to  all  our  public  afi'air.s ; 
and  that  the  charter  was  not  to  be  renewe<l 
here,  as  the  Bank  of  England  charter  had  for- 
merly been  renewed,  by  a  private  arrangement 
among  its  friends,  suddenly  produced  in  Con- 
gress, and  galloped  through  without  the  know- 
ledge of  the  country.  The  American  part  of 
the  stockholders  (for  I  would  not  repl}-  to  the 
complaints  of  the  foreigners)  must  have  known 
all  this;  and  known  it  when  they  accepted  the 
charter.  They  accepted  it,  subject  to  this  known 
consequence ;  and,  therefore,  the  complaint 
about  injuring  their  property  is  absurd.  Tl\iit 
it  is  ungrateful,  must  be  apparent  to  all  who 
will  reflect  upon  the  great  privileges  which 
these  stockholders  will  have  enjoyed  for  twenty 
years,  and  the  large  profits  they  have  already 
derived  from  their  charter.  They  have  been 
dividing  seven  per  cent,  per  annum,  unless  when 
prevented  by  their  own  mismanagement;  and 
have  laid  up  a  real  estate  of  three  millions  of 
dollars  for  future  division ;  and  the  money 
which  has  done  these  handsome  things,  instead 
of  being  diminished  or  impaired  in  the  jwocess, 
is  still  worth  largely  upwards  of  one  huiulicd 
cents  to  the  dollar :  say,  one  hundred  and  twen- 
ty-five cents.  For  the  peculiar  privileges  which 
enabled  them  to  make  these  profits,  the  stock- 
holders ought  to  be  grateful:  but,  like  all  per- 
sons who  have  been  highly  favored  with  niuliid 
benefits,  they  mistake  a  privilege  for  a  riglit — a 
favor  for  a  duty — and  resent,  as  an  attack  upon 
their  property,  a  refusal  to  prolong  their  undue 
advantages.  There  is  no  ground  for  thc-^c  com- 
plaints, but  for  thanks  and  benedictions  rather, 
for  permitting  the  bank  to  live  out  its  niuuber- 
ed  days !  That  institution  has  forfeited  its 
charter.  It  may  be  shut  up  at  any  hour.  It 
lives  from  day  to  day  by  the  indulgence  of  those 
whom  it  dail}-^  attacks ;  and,  if  any  one  is  igno- 
rant of  this  fact,  let  him  look  at  the  case  of  the 
Bank  of  the  United  States  against  Owens  and 
others,  decided  in  the  Supreme  Court,  and  re- 
ported in  the  2d  Peters. 

"  [Here  Mr.  B.  read  a  part  of  this  case,  show- 
ing that  it  was  a  case  of  usury  at  the  rate  of 
forty-six  per  cent,  and  that  Mr.  Sergeant,  coun- 
sel for  the  bank,  resisted  the  decision  of  the 
Supreme  Court,  upon  the  grour.d  that  it  would 
expose  the  charter  of  the  bank  to  forfeiture ; 
and  that  the  decision  was,  nevertheless,  given 
upon  that  ground  ;  so  that  the  bank,  being  con- 
victed of  taking  usury,  in  violation  of  its  char- 
ter, was  liable  to  be  deprived  of  its  charter,  at 
any  time  that  a  scire  facias  should  issue  against 
it.] 


ANNO  1831.    ANDREW  JACKSON,  PRESIDENT. 


191 


liiiiulic'd 
111  t  Well- 
es "tvliicii 


i» 


at 


"  Mr.  II.  resumed.  Before  I  proceed  to  the 
consideration  of  the  re.solution,  I  wisli  to  be  in- 
duced in  advertin{?  to  a  rule  or  principle  of 
parliaincntiiry  practice,  which  it  is  only  neccs- 
Bary  to  read  now  in  order  to  avoid  the  possi- 
bility of  any  necessity  for  recurring  to  it  here- 
after. It  is  the  r\ile  which  forbids  any  member 
to  be  present — wliich,  in  fact,  requires  him  to 
withdraw — during  the  discussion  of  any  ques- 
tion in  which  his  private  interest  may  be  con- 
cerned; and  authorizes  the  expurgation  from 
the  Journal  of  any  vote  which  may  have  been 
given  under  the  predicament  of  an  interested 
motive.  I  demand  that  the  Secretary  of  the 
Senate  may  read  the  rule  to  which  I  allude. 

"  [The  Secretary  read  the  following  rule  :] 

"  'Where  the  private  interests  of  a  mcniber 
are  concerned  in  a  bill  or  question,  ho  is  to 
withdraw.  And  where  such  an  interest  has 
appeared,  his  voice  has  been  disallowed,  even 
after  a  division.  In  a  case  so  contrary,  not  only 
to  the  laws  of  decency,  but  to  the  fundamental 
principles  of  the  social  compact,  which  denies 
to  any  man  to  be  a  judge  in  his  own  cause,  it  is 
for  the  honor  of  the  House  that  this  rule,  of 
immemorial  observance,  should  be  strictly  ad- 
hered to.' 

"  First:  Mr.  President,  I  object  to  the  renewal 
of  the  chartir  of  the  Bank  of  the  United  States, 
because  I  look  upon  the  bank  as  an  institution 
too  great  and  powerful  to  be  tolerated  in  a  gov- 
ernment of  free  and  equal  laws.  Its  power  is 
that  of  the  purse ;  a  power  more  potent  than 
that  of  the  sword  ;  and  this  power  it  possesses 
to  a  degree  and  extent  that  will  enable  this 
bank  to  draw  to  itself  too  much  of  the  political 
power  of  this  Union ;  and  too  much  of  the  in- 
dividual property  of  the  citizens  of  these  States. 
The  money  power  of  the  bank  is  both  direct 
and  indirect. 

"  [The  Vice-President  here  intimated  to  Mr. 
Benton  that  he  was  out  of  order,  and  had  not  a 
right  to  go  into  the  merits  of  the  bank  upon 
the  motion  which  he  had  made.  Mr.  Benton 
begged  pardon  of  the  Vice-President,  and  rc- 
spectfuUj'  insisted  that  he  was  in  order,  and  had 
a  right  to  proceed.  lie  said  ho  was  proceeding 
upon  the  parliamentary  rule  of  asking  leave  to 
bring  in  a  joint  resolution,  and,  in  doing  which, 
he  had  a  right  to  state  his  reasons,  which  rea- 
sons constituted  his  .speech ;  that  the  motion 
was  debatable,  and  the  whole  Senate  might 
answer  him.  The  Vice-President  then  directed 
Mr.  Benton  to  proceed.] 

"INIr.  B.  resumed.  The  direct  power  of  the 
bank  is  now  prodigious,  and  in  the  event  of  the 
renewal  of  the  charter,  must  spcedil}'  become 
boundless  and  nncontroliablc.  The  bank  is  now 
authorized  to  own  cfiects,  lands  inclusive,  to  the 
amount  of  fifty-five  millions  of  dollars,  and 
to  issue  notes  to  the  amount  of  thirty-live 
millions  more.  This  makes  ninety  millions ; 
and,  in  addition  to  this  vast  sum,  there  is  an 
opening  for  an  unlimited  increase :  for  thei'c  is 
a  dispensation  in  the  charter  to  is.  ue  as  many 


more  notes  as  Congress,  by  law,  may  permit. 
This  opens  the  door  to  boundless  emissions ;  for 
what  can  be  more  unbounded  than  the  will  and 
pleasure  of  successive  Congresses  ?     The  indi- 
rect power  of  the  bank  cannot  be  stated  in  fi™- 
nres ;  but  it  can  be  shown  to  be  immense.     In 
the  first  place,  it  has  the  keeping  of  the  public 
moneys,  now  amounting  to  twenty-six  millions 
per  aiumm   (the  Post  Office  Department  in- 
cluded), and  the  gratuitous  use  of  the  undrawn 
balances,  large  enough  to  constitute,  in  them- 
selves, the  capital  of  a  great  State  bank.    In 
the  next  place,  its  promissory  notes  are  receiv- 
able, by  law,  in  purchase  of  idl  property  owned 
by  the  United  States,  and  in  payment  of  all 
debts  due  them;   and  this  may  increase  its 
power  to  the  amount  of  the  annual  revenue,  by 
creating  a  demand  for  its  notes  to  that  amount. 
In  the  third  place,  it  wears  the  name  of  the 
United  States,  and  has  the  federal  government 
for  a  partner ;  and  this  name,  and  this  partner- 
ship, identifies  the  credit  of  the  bank  with  the 
credit  of  the  Union.    In  the  fourth  place,  it  is 
armed  with  authority  to  disparage  and  discred- 
it the  notes  of  other  banks,  by  excluding  them 
from  all   payments  to  the  United  States;  and 
this,  added  to  all  its  other  powers,  direct  and 
indirect,  makes  this  institution  the  uncontroll- 
able monarch  of  the  moneyed  system  of  the 
Union.    To  whom  is  all  this  power  granted  ?    To 
a  company  of  private  individuals,  many  of  them 
foreigners,  and  the  mass  of  them  residing  in  a 
remote  and  narrow  corner  of  the  Union,  uncon- 
nected by  any  sympathy  with  the  fertile  regions 
of  the  Great  Valley,  in  which  the  natural  power 
of  this  Union — the  power  of  numbers — will  be 
found  to  reside  long  before  the  renewed  term 
of  a  second  charter  would  expire.    By  whom 
is  all  this  power  to  be  exercised  ?    By  a  direc- 
tory of  seven  (it  may  bo),  governed  b}'  a  major- 
ity, of  four  (it  may  be);  and  none  of  these 
elected  by  the  people,  or  responsible  to  them. 
Where  is  it  to  lie  exercised?     At  a  single  city, 
distant  a  thousand    miles  from   some  of  the 
States,  receiving  the  produce  of  none  of  them 
(except  one)  ;  no  interest  in  the  welfare  of  any 
of  them  (except  one) ;  no  commerce  with  the 
people ;  with  branches  in  every  State  ;  and  every 
branch  subject  to  the  secret  and  absolute  orders 
of  the  supreme  central  head :  thus  constituting 
a  S3'stem  of  centralism,  hostile  to  the  federative 
principle  of  our  Union,  encroaching  upon  the 
wealth  and  power  of  the  States,  and  organized 
upon  a  principle  to  give  the  highest  eflect  to  the 
greatest  power.     This  mass  of  power,  thus  con- 
centrated, thus  ramified,  and  thus  directed,  must 
necessarily  become,  inider  a  prolonged  existence, 
the  absolute  monopolist  of  American  money,  the 
S(ile  manufacturer  of  paper  currency,  and  the 
sole  authority  (for  authority  it  will  be)  to  which 
the  federal  government,  the  State  governments, 
the   great  cities,  corporate  bodies,  merchants, 
traders,  and  every  private  citizen,  must,  of  ne- 
cessity apply,  for  every  loan  which  their  exigen- 
cies may  demand.    '  The  rich  ruleth  the  poor, 


i  i 


'    ! 


i  « 


k 


192 


THIRTY  YEARS'  VIEW. 


';• 


iv 


i}.i^ 


i  if  ',■ 


and  the  borrower  is  the  eervniit  of  the  lender.' 
Such  are  the  words  of  Holy  AVrit ;  and  if  the 
authority  of  the  Bible  admitted  of  corroboration, 
the  history  of  the  world  is  at  hand  to  pive  it. 
But  I  will  not  cite  the  history  of  the  world,  but 
one  eminent  example  only,  and  that  of  a  nature 
BO  high  and  commanding,  as  to  include  all  others ; 
and  so  near  and  recent,  as  to  be  directly  appli- 
cable to  our  own  situation.  I  speak  of  what 
happened  in  Great  Britain,  in  the  year  1795, 
when  the  Bank  of  England,  by  a  brief  and  un- 
ceremonious letter  to  Sir.  Pitt,  such  as  a  miser 
would  write  to  a  prodigal  in  a  pinch,  gave  the 
proof  of  what  a  great  moneyed  power  could  do, 
and  would  do,  to  promote  its  own  interest,  in  a 
crisis  of  national  alarm  and  difficulty.  I  will 
rend  the  letter.  It  is  exceedingly  short;  for 
after  the  compliments  are  omitte(l,  there  are  but 
three  lines  of  it.  It  is,  in  fact,  about  as  long  as 
a  i^entenco  of  execution,  leaving  out  the  prayer 
of  the  Judge.    It  runs  thus : 

'"It  is  the  wish  of  the  Court  of  Directors  that 
the  Chancellor  of  the  Exchequer  would  settle 
his  arrangements  of  finances  for  the  present 
year,  in  such  manner  as  not  to  depend  upon  any 
further  assistance  from  them,  beyond  what  is 
already  agreed  for.' 

"Such  were  the  words  of  this  memorable 
note,  sufliciently  explicit  and  intelligible ;  but 
to  appreciate  it  fully,  we  must  know  what  was 
the  condition  of  Great  Britain  at  that  time  ? 
Remember  it  was  the  year  1795,  and  the  begin- 
ning of  that  year,  than  which  a  more  porten- 
tous one  never  opened  upon  the  British  em- 
pire. The  war  with  the  French  republic  had 
been  raging  for  two  years ;  Spain  had  just  de- 
clared war  against  Great  Britain;  Ireland  was 
bursting  into  rebellion ;  the  ileet  in  the  Nore 
was  in  open  mutiny ;  and  a  cry  for  the  reform 
of  abuses,  and  the  reduction  of  taxes,  resounded 
throv2:h  the  1;  nd.  It  was  a  season  of  alarm 
and  consternation,  and  of  imminent  actual  danger 
to  Great  Britain;  and  this  was  the  moment 
which  the  Bank  selected  to  notify  the  minister 
that  no  more  loans  were  to  be  expected !  What 
was  the  effect  of  this  notification  ?  It  was  to 
paralyze  the  government,  and  to  subdue  the 
minister  to  the  purposes  of  the  bank.  From 
that  day  forth  Mr.  Pitt  became  the  minister  of 
the  bank ;  and,  before  two  years  were  out,  he 
had  succeeded  in  bringing  all  the  departments 
of  government,  King,  Lords,  and  Commons,  and 
the  Privy  Council,  to  his  own  slavish  condition. 
He  stopped  the  specie  payments  of  the  bank, 
and  made  its  notes  the  lawful  currency  of  the 
land.  In  1797  he  obtained  an  order  in  council 
for  this  purpose ;  in  the  same  year  an  act  of 
parliament  to  confirm  the  order  for  a  month, 
and  afterwards  a  series  of  acts  to  continue  it  for 
twenty  years.  This  was  the  reign  of  the  bank. 
For  twenty  years  it  was  a  dominant  power  in 
England ;  and,  during  that  disastrous  period,  the 
public  debt  was  increased  about  £400,000,000 
Bterling,  equal  nearly  to  two  thousand  millions 
of  dollars,  and  that  by  paper  loans   from  a 


bank  which,  according  to  its  own  declarations, 
had  not  a  shilling  to  lend  at  the  commencement 
of  the  period!    1  omit  the  rest.    I  say  nothing 
of  the  general  subjugation  of  the  country  banks, 
the  rise  in  the  price  of  food,  the  decline  in  wages, 
the  increase  of  crimes  and  taxes,  the  multipli- 
cation of  lords  and  beggars,  and  the  frightful  de- 
morahzation  of  society.    I  omit  all  this.    I  only 
seize  the  prominent  figure  in  the  picture,  that 
of  a  government  arrested  in  the  midst  of  war 
and  danger  by  the  veto  of  a  moneyed  corpora- 
tion ;  and  only  permitted  to  go  on  upon  condi- 
tion of  assuming  the  odium  of  stopping  specie 
payments,  and  sustaining  the  promissory  notes 
of  an  insolvent   bank,  as  the  lawful  cun-ency 
of  the  land.    This  single  feature  suflices  to  fix 
the  character  of  the  times ;  for  when  the  gov- 
ernment becomes  the  '  servant  of  the  lender,' 
the  people  themselves  become  its  slaves.   Cannot 
the  Bank  of  the  United  States,  if  re-chartercd, 
act  in  the  same  way?    It  certainly  can.  and 
just  as  certainly  will,  when  time  and  opportu- 
nity shall  serve,  and  interest  may  prompt.    It 
is  to  no  purpose  that  gentlemen  may  come  for- 
ward, and  vaunt  the  character  of  the  United 
States  Bank,  and  proclaim  it  too  just  and  mer- 
ciful to  oppress  the  state.    I  must  be  jjcrmit- 
ted  to  repudiate  both  the  pledge  and  the  praise. 
The  security  is  insufficient,  and  the  encomium 
belongs  to  Constantinople.    There  were  enough 
fiuch  in  the  British  Parliament  the  year  before. 
nay,  the  day  before  the  bank  stopped ;  yet  thi-ir 
pledges  and  praises  neither  prevented  the  stop- 
page, nor  made  good  the  damage  that  ensmd. 
There  were  gentlemen  in  our  Congress  to  iikd^^e 
themselves  in  1810  for  the  then  expiring  bunk, 
of  which  the  one  now  existing  is  a  second  nnd 
deteriorated  edition ;  and  if  their  securityship 
had  been  accepted,  and  the  old  bank  re-clmrter- 
ed,  we  should  have  seen  this  government  grc  et- 
ed  with  a  note,  about  August,  1814 — about  tiio 
time  the  Brilish  were  burning  this  cajiitol — of 
the  same  tenor  with  the  one  received  by  tlio 
younger  Pitt  in  the  year  1795 ;  for,  it  is  incon- 
testable, that  that  bank  was  owned  by  men  who 
would  have  glorified  in  arresting  the  govern- 
ment, and  the  war  itself,  for  want  of  money. 
Happily,  the  wisdom  and  patriotism  of  Jefler- 
son,  under  the  providence  of  God,  prevented 
that  infamy  and  ruin,  by  preventing  the  re- 
newal of  the  old  bank  charter. 

"  Secondly.  I  object  to  the  continuance  of  this 
bank,  because  its  tendencies  are  dangerous  and 
pernicious  to  the  government  and  the  people. 

"What  are  the  tendencies  of  a  great  moneyed 
power,  connected  with  the  government,  and 
controlling  its  fiscal  operations  ?  Are  they  not 
dangerous  to  every  interest,  public  and  private 
— political  as  well  as  pecuniary  ?  I  say  they 
are ;  and  briefly  enumerate  the  heads  of  eaca 
mischief 

"1.  Such  a  bank  tends  to  subjugate  the  gov 
ernment,  as  I  have  already  shown  in  the  histo 
ry  of  wliat  happened  to  the  British  minister  ii 
the  year  1795. 


' 


ANNO  1881.    A2JDREW  JACKSON,  PRESIDENT. 


193 


[jovern- 
inoncy. 
Ijetrer- 
Iventcd 
Ihe  re 

I  of  this 
|us  and 
people, 
jneycd 
(t,  and 
ley  not 
privaM 
they 
ff  eacB 

ic  {!;ov 

1  histo 

ster  ii 


"  2.  It  tends  to  collusions  between  the  gov- 
ernment and  the  bank  in  the  terms  of  the  loans, 
as  has  been  fuUv  experienced  in  England  in  those 
frauds  upon  the  people,  and  insults  upon  the 
understacding,  called  three  per  cent,  loans,  in 
which  the  governmont,  for  about  £50  borrow 
ed,  became  liable  to  pay  £100. 

"  3.  It  tends  to  create  public  debt,  by  facilitat- 
ing public  loans,  and  substituting  unlimited 
supplies  of  paper,  for  limited  supplies  uf  coin. 
The  British  debt  is  born  of  the  Bank  of  Eng- 
land. That  bank  was  chartered  in  1694,  and 
was  nothing  more  nor  less  in  the  beginning, 
than  an  act  of  Parliament  for  the  incorpo- 
ration of  a  company  of  subscribers  to  a  gov- 
ernment loan.  The  loan  was  £1,200,000 ; 
the  interest  £80,000  ;  and  the  expenses  of 
management  £4,000.  And  this  is  the  birth 
and  origin,  the  germ  and  nucleus  of  that 
debt,  which  is  now  £900.000,000  (the  un- 
funded items  included),  wnich  bears  an  in- 
terest of  £30,000,000,  and  costs  £200,000  for 
annual  management. 

"4.  It  tends  to  beget  and  prolong  unnecessary 
wars,  by  furnishing  the  means  of  carrying  them 
on  without  recurrence  to  the  people.  England 
is  the  ready  example  for  this  calamity.  Her 
wars  for  the  restoration  of  the  Capet  Bourbons 
were  kept  up  by  loans  and  subsidies  created  out 
of  bank  paper.  The  people  of  England  had  no 
interest  in  these  wars,  which  cost  them  about 
£fi00j000,000  of  debt  in  twentj^-five  years,  in 
addition  to  the  supplies  raised  within  the  year. 
The  kings  she  put  back  upon  the  French  throne 
were  not  able  to  sit  on  it.  Twice  she  put  them 
on ;  twice  they  tumbled  off  in  the  mud ;  and 
all  that  now  remains  of  so  much  sacrifice  of  life 
and  money  is,  the  debt,  which  isj  eternal,  the 
taxes,  which  are  intolerable,  the  pensions  and 
titles  of  some  warriors,  and  the  keeping  of  the 
Capet  Bourbons,  who  are  returned  upon  their 
hands. 

"5.  It  tends  to  aggravate  the  inequality  of  for- 
tunes ;  to  make  the  rich  richer,  and  the  poor 
poorer ;  to  multiply  nabobs  and  paupers ;  and 
to  deepen  and  widen  the  gulf  which  separates 
Dives  from  Lazarus.  A  great  moneyed  power 
18  favorable  to  great  capitalists ;  for  it  is  the 
principle  of  money  to  favor  money.  It  is  unfa- 
vorable to  small  capitalists ;  for  it  is  the  princi- 
ple of  money  to  eschew  the  needy  and  unfortu- 
nate. It  is  injurious  to  the  laboring  classes ; 
because  they  receive  no  favors,  and  have  the 
price  of  the  property  they  wish  to  acquire 
raised  to  the  paper  maximum,  while  wages  re- 
main at  the  silver  minimum. 

"  6.  It  tends  to  make  and  to  break  fortunes,  by 
the  flux  and  reflux  of  paper.  Profuse  issues, 
and  sudden  contractions,  perform  this  opera- 
tion, which  can  be  repeated,  like  planetary  and 
pestilential  visitations,  in  every  cycle  of  so 
many  3"-ars  ;  at  every  periodical  return,  trans- 
ferring .nillions  from  the  actual  possessors  of 
property  to  the  Neptunes  who  preside  over  the 
flux  and  reflux  of  paper.    The  last  operation  of 

Vol.  I.— 13 


this  kind  performed  by  the  Bank  of  England, 
about  five  years  ago,  was  described  by  Mr. 
Alexander  Baring,  in  the  House  of  Commons, 
in  terms  which  are  entitled  to  the  knowled^ 
and  remembrance  of  American  citizens.  I  will 
read  his  description,  which  is  brief,  but  impres- 
sive. After  describing  the  profuse  issues  of 
1823-24,  he  painted  the  reaction  in  the  follow- 
ing terms : 

" '  They,  therefore,  all  at  once,  gave  a  sudden 
jerk  to  the  horse  on  whose  neck  they  had  bo- 
fore  suffered  the  reins  to  hang  loose.  They 
contracted  their  issues  to  a  considerable  extent. 
The  change  was  at  once  felt  throughout  the 
country.  A  .few  days  before  that,  no  one  knew 
what  to  do  with  his  money ;  now,  no  one  knew 
where  to  get  it.  *  *  *  *  The  London  bankers 
found  it  necessary  to  follow  the  same  course 
towards  their  country  correspondents,  and  these 
again  towards  their  customers,  and  each  indi- 


vidual towards 
was  obvious 


his  debtor.     The 
in  the  late  panic. 


consequence 
Every  one, 
desirous  to  obtain  what  was  due  to  him,  ran  to 
his  banker,  or  to  any  other  on  whom  he  had  a 
claim ;  and  even  those  who  had  no  immediate 
use  for  their  money,  took  it  back,  and  let  it  lie 
unemployed  in  their  pockets,  thinking  it  unsafe 
in  others'  hands.  The  effect  of  this  alarm  was, 
that  houses  which  were  weak  went  immediately. 
Then  went  second  rate  houses;  and,  lastly, 
houses  which  were  solvent  went,  because  their 
securities  were  unavailable.  The  daily  calls  toi 
which  each  individual  was  subject  put  it  out  of 
his  power  to  assist  his  neighbor.  Men  were 
known  to  seek  for  assiotance,  and  that,  too, 
without  finding  it,  who,  on  examination  of  their 
affairs,  were  proved  to  be  worth  200,000  pounds, 
— men,  too,  who  held  themselves  so  secure,  that, 
if  asked  six  months  before  whether  they  could 
contemplate  such  an  event,  they  would  have  said 
it  would  be  impossible,  unless  the  sky  should 
fall,  or  some  other  event  equally  improbable 
should  occur.' 

"  This  is  what  was  done  in  England  five  years 
ago,  it  is  what  may  be  done  here  in  every  five 
years  to  come,  if  the  bank  charter  is  renewed. 
Sole  dispenser  of  money,  it  cannot  omit  the 
oldest  and  most  obvious  means  of  amassing 
wealth  by  the  flux  and  reflux  of  paper.  The 
game  w^ill  be  in  its  own  hands,  and  the  only 
answer  to  be  given  is  that-  to  which  I  have  al- 
luded: 'The  Sultan  id  too  just  and  merciful  to 
abuse  his  power.' 

"  Thirdly.  I  object  to  the  renewal  of  the  char- 
ter, on  account  of  the  exclusive  privileges,  and 
anti-republican  monopoly,  which  it  gives  to  the 
stockholders.  It  gives,  and  that  by  an  act  of 
Congress,  to  a  company  of  individuals,  the  ex- 
clusive legal  privileges : 

"1.  To  carry  on  the  trade  of  banking  upon' 
the  revenue  and  credit,  and  in  the  name,  of  the 
United  States  of  America. 

"  2.  To  pay  the  revenues  of  the  Union  in  their 
own  promissory  notes. 

"  3.  To  hold  the  moneys  of  the  United  Statea^ 


194 


TinilTY  YKAR8'  VIEW. 


t     V*'! 


■i  ;.;i> 


In 


in  tK'pofiit, witlioiit  iimkiiiKcoinpensntion  fortlio 
nnilrnwn  bulimrt's. 

"4.  To  (liHcivdit  mid  dispnrnpo  the  noU-s  of 
other  banks,  hy  exoliidiiip  tlioin  from  the  col- 
lection of  the  fodrni)  roviMiuo. 

"5.  To  hold  real  i-stafc,  rccoivo  rents,  and 
retain  a  hody  of  toiiantry. 

"  (i.  To  deal  in  pawns,  nicrchandiBC,  and  bills 
of oxchanp' 

*'7.  Toci 
out  Uicir  confriit. 

"8.  To  lie  cxiMiipt  from  liability  on  the  failure 
of  the  bank. 

'0.  To  have  (he  United  StateH  for  a  partner. 

"  10.  To  have  foreinnerH  for  partners. 

"11.  To  be  exeniitt  from  the  regular  adminis- 
tration of  justice  for  the  violations  of  theirchartcr. 

"  12.  To  have  all  these  exclusive  privilopes 
secured  to  them  ns  a  monopoly,  in  a  pledpo  of 
the  public  faith  not  to  gnuit  the  like  privileges 
to  any  other  company. 

"  Tlieso  ar(>  the  privileges,  and  this  the  mo- 
nopoly of  the  bank.  Now,  let  \\s  examine  them, 
and  ascertain  their  etl'ect  r.nd  Iwaring.  Let  us 
c<mtemplate  the  magnitude  of  the  power  which 
they  civate ;  and  ascertain  the  compatibility  of 
this  power  with  the  safety  of  this  republican 
government,  and  the  rights  and  interests  c"  its 
five  au<l  equal  constituents. 

"1.  The  nuuic,  flu;  credit,  and  the  revenues 
of  (he  United  States  aiv  given  up  to  the  use  uf 
this  company,  and  constitute  in  themselves  an 
imi  nsi'  capital  to  bank  upon.  The  name  of 
the  I'nited  States,  like  that  of  the  King,  is  a 
tower  of  stivngt  h ;  and  this  strong  tower  is  now 
an  outwork  to  delend  the  citadel  of  a  monejed 
corporation.  The  credit  of  the  Union  is  incal- 
culable; and.  of  this  credit,  as  going  with  the 
name,  and  being  in  partnersliip  with  the  United 
States,  the  same  corporation  now  has  possession. 
The  revenues  f  the  Union  are  twenty-six  mil- 
lions of  dollars,  including  the  post-ofiice ;  .and  all 
this  is  so  nuich  capital  in  the  hands  of  the  bank, 
because  the  revenue  is  received  by  it,  and  is 
payable  in  its  promissory  notes. 

"2.  To  pay  the  revenues  of  the  United  States 
in  their  own  notes,  imtil  Congress,  by  law,  shall 
otherwise  diivct.  This  is  a  part  of  the  charter, 
incredible  and  extraordinary  as  it  may  appear. 
The  promissory  notes  of  the  bank  are  to  be 
received  in  payment  of  every  thing  the  United 
States  may  have  to  sell — in  discharge  of  every 
debt  due  to  her,  until  Congress,  by  law,  shall 
otherwise  direct ;  so  that,  if  this  bank,  like  its 
pi\)totype  in  England,  should  stop  payment,  its 
promissory  notes  would  still  be  receivable  at 
every  custom-house,  land-oflice,  post-oflico,  and 
by  every  collector  of  public  moneys,  throughout 
the  Union,  imtil  Congress  sh.all  meet,  pass  a 
repealing  law,  and  jiroinulgate  the  repeal.  Other 
bank^  depend  upon  their  crcdit  for  the  receiva- 
bility  of  their  notes ;  but  this  favored  institution 
hjjs  law  on  its  side,  and  a  chartered  right  to 
compel  the  reception  of  its  paper  by  the  federal 
gOTcriuuent.     The  immediato  cousequcnco  of 


this  extnuirdinary  privilege  is,  that  the  United 
States  becomes  virtually  bomid  to  stand  security 
for  the  bank,  ns  nuich  so  as  if  slie  had  signed  a 
bond  (o  that  ctlbct;  and  nuist  stand  forward  to 
sustain  the  institution  in  all  emergencies,  in 
order  to  save  her  own  revenue,  'this  is  what 
has  already  happened,  some  ten  years  ago,  in 
the  early  progress  of  the  bank,  and  when  the 
immense  aid  given  it  by  the  federal  government 
enabled  it  to  survive  the  crisis  of  its  own  over- 
whelming mismanagement. 

.1.  To  hold  the  moneys  of  the  United  States 
in  deposit,  without  making  compensation  for 
the  use  of  the  undrawn  balances. — This  is  a 
right  wliich  I  deny ;  but,  as  the  bank  claims  it, 
and,  what  is  more  material,  ci\joy8  it ;  and  as 
the  people  of  the  United  States  have  sufl'ercd 
to  a  vast  extent  in  consequence  of  this  claim 
and  enjoyment,  I  sholl  not  hesitate  to  set  it 
down  to  the  account  of  the  bank.  Let  us  then 
examine  the  value  of  this  privilege,  and  its  ef- 
fect upon  the  interest  of  the  community ;  and, 
in  the  first  jilace,  let  us  have  a  full  and  accurate 
view  of  the  amount  of  these  undrawn  balances, 
from  the  establishment  of  the  bank  to  the  pre- 
sent day.    Here  it  is  !    Look  !    Head  ! 

"  See,  Mr.  President,  what  masses  of  money, 
and  always  on  hand.  The  paper  is  covered  all 
over  with  millions:  and  yet,  for  all  these  vast 
sinus,  no  interest  is  allowed  ;  no  compensation 
is  made  to  the  United  States.  The  Bank  of 
Englaiul,  for  the  undrawn  balances  of  the  pub- 
lic moiu\v,  has  made  an  equitable  compensation 
to  the  British  government ;  namely,  a  perma- 
nent loan  of  half  a  million  sterling,  and  a  tem- 
porary loan  of  three  millions  for  twenty  years, 
without  interest.  Yet,  when  I  moved  for  a 
like  compensation  to  the  Untied  States,  the 
proposition  was  utterly  rejected  by  the  Finance 
Committee,  and  treated  as  an  attempt  to  vio- 
late the  charter  of  the  bank.  At  the  same 
time  it  is  incontestable,  that  the  United  States 
have  been  borrowing  thebc  undrawn  balances 
from  the  bank,  and  paying  an  interest  upon 
their  own  money.  I  think  wc  can  identify  one 
of  these  loans.  Let  us  try.  In  May,  1824,  Con- 
gress authorized  a  loan  of  five  millions  of  dollars 
to  pay  the  awards  under  the  treaty  with  Spain, 
commonh'  called  the  Florida  treaty.  The  bank 
of  the  United  States  took  that  loan,  and  paid 
the  money  for  the  United  States  in  January  and 
March,  1825.  In  looking  over  the  statement  of 
undrawn  balances,  it  will  be  seen  that  they 
amounted  to  near  four  millions  at  the  end  of  the 
first,  and  six  millions  at  the  end  of  the  second 
quarter  of  that  year.  The  inference  is  irresist- 
ible, and  I  leave  every  senator  lo  make  it ;  only 
adding,  thut  we  have  paid  ^1,409,375  in  interest 
upon  that  loan,  either  to  the  bank  or  its  trans- 
ferrees.  This  is  a  strong  case ;  but  I  have  a 
stronger  one.  It  is  known  to  every  body,  that 
the  United  States  subscribed  seven  millions  to 
the  capital  stock  of  the  bank,  for  which  she 
gave  her  stock  note,  bearing  an  interest  of  five 
per  ceut.  per  anuum.    I  have  a  statement  from 


\.i 


ANNO  1881.    ANDREW  JAOKSON,  PRESIDENT. 


105 


in 


the  Ri'Ri.ster  of  the  Tn-nsury,  from  which  it  ap- 

Ci'ars  that,  up  to  the  ilOth  day  of  Juno  last,  the 
Fnitcd  StalcH  had  paid  four  millions  Kcvcn  liun- 
drcd  and  twcuty-fivc  thousand  dollars  in  inter- 
est upon  that  note ;  wlien  it  is  proved  by  the 
statement  of  balances  exhibited,  that  the  ifnited 
.States,  for  the  whole  pcriwl  in  which  that  inter- 
Ast  was  accruing,  had  the  half,  or  the  wholi ,  and 
onco  the  double,  of  these  seven  millions  in   the 
hands  of  the  bank.     This  is  a  stronger  case  than 
that  of  the  five  million  loan,  but  it  is  not  the 
strongest.    The  strongest  case  is  this:  in   the 
year  1817,  when  the  bank  went  into  operation, 
the  United  States  owed,  among  other  debts,  a 
sum  of  about  fourteen  millions  and  three-quar- 
ters, bearing  an  interest  of  three  per  cent.    In 
the  same  year,  the  commissioners  c'  ♦ho  sink- 
ing fund  were  authorized  by  an  act  o.  Congress 
to  jmrchasc  that  stock  at  sixty-five  per  cent., 
which  was  Mien  its  market  price.    Under  this 
authority,  the  amount  of  about  one  million  and 
a  half  was  purchased  ;  the  remainder,  amount- 
ing to  about  thirteen  millions  and  a  quarter, 
has  continued  unpurchased  to  this  day ;  and, 
after  costing  the  United  States  about  six  mil- 
lions in  interest  since  1817,  the  stock  has  risen 
about  four  millions  in   value;  that  is  to  say, 
from  sixty-five  to  nearly  ninety-five.      Now, 
hero  is  a  clear  loss  of  ten  millions  of  dollars  to 
the  United  States.    In  1817  she  could  have  paid 
oti"  thirteen  millions  and  a  quarter  of  debt,  with 
oij^ht  millions  and  a  half  of  dollars :  now,  afte- 
paying  six  millions  of  interest,  it  would  require 
twelve  millions  and  a  half  to  pay  off  the  same 
debt.    By  referring  to  the  statement  of  undrawn 
balances,  it  will  be  seen  that  the  United  States 
had,  during  the  whole  year  1817.  an  average 
sum   of  above  ton  millions  of  dollars  in  the 
hands  of  the  bank,  being  a  million  and  a  half 
more  than  enough  to  have  bought  in  the  whole 
of  the  three  per  cent,   stock.    The  question, 
therefore,  natur.ally  comes  up,  why  was  it  not 
applied  to  the  redemption  of  these  thirteen  mil- 
lions and  a  quarter,  according  to  the  authority 
contained  in  the  act  of  Congress  of  that  year  ? 
Certainly  the  bank  needed  the  money ;  for  it 
was  just  getting  into  operation,  and  was  as  hard 
run  to  escape  bankruptcy  about  that  time,  as 
any  bank  that  ever  was  saved  from  the  brink  of 
destruction.    This  is  the  largest  injury  which 
we  have  sustained,  on  account  of  accommodat- 
ing the  bank  with  the  gratuitous  une  of  these 
vast  deposits.    But,  to  show  myself  impartial, 
I  will   now  state  the  smallest  case  of  injury 
that  has  come  within  my  knowledge :  it  is  the 
case  of  the  bonun  of  fifteen  hundred  thousand 
dollars  which  the  bank  was  to  pay  to  the  United 
States,  in  three  equal  instalments,  for  the  pur- 
chase of  its  charter.     Nominally,  this  bo7iiw  has 
been  paid,  but  out  of  what  moneys  ?    Certainly 
out  of  our  own ;  for  the  statement  shows  our 
money  was  there,  and  further,  shows  that  it  is 
still  there ;  for,  on  the  30th  day  of  June  last, 
which   is   tiie   latest    return,   there  was   still 
^550,664  in  the  hm±  cf  the  bank,  which 


5750,000 


more  than  the  amount  of 


is  above 
the  bnniift, 

"  One  word  more  upon  the  subject  of  these 
balances.     It  is  now  two  years  since  I  made  an 
effort  to  repeal  the  4lh  section  of  the  Sinkinft 
Fund  act  of  1817  ;  a  section  which  was  intended 
to  limit  the  amount  of  surplus  money  which 
might  1x1  kept  in  the  treasury,  to  two  millions 
of  dollars ;  but,  by  the  power  of  construction, 
was  made  to  authorize  the  keeping  of  two  mil- 
lions in  addition  to  tho  surplus.     I  wished  to 
rejKJal  this  section,  which  liad  thus  been  con- 
stnied  into  the  reverse  of  its  intention,  and  to 
revive  the  first  section  of  the  Sinking  Fund  act 
of  1790,  which  directed  the  whole  of  tho  surplus 
on  hand  to  bo  ap{)Iied,  at  tho  end  of  each  year, 
to  the  payment  of  the  public  debt.    My  argument 
was  this :  that  there  was  no  necessity  to  keep 
any  surplus ;  that  the  revenue,  coming  in  as  fast 
as  it  went  out,  was  like  a  perennial  fountain, 
which  you  might  drain  to  the  last  drop,  and  not 
exhaust;  for  the  place  of  the  last  drop  would  bo 
supplied  the  instant  it  was  out.     And  I  sup- 
ported this  reasoning   by  a  reference  to  the 
annual  treasury  reports,  which  always  exhibit 
a  surplus  of  four  or  five  millions ;  and  which 
were  equally  in  the  treasury  the  whole  year 
round,  as  on  the  last  day  of  every  year.    This 
was  the  argument,  which  in  fact  availed  nothing ; 
but  now  I  have  mathematical  proof  of  the  truth 
of  my  position.    Look  at  this  statement  of 
balances;  look  for  the  year  1819,  and  you  will 
find  l)ut  three  hundred  thousand  dollars  on  hand 
for  that  year;  look  still  lower  for  1821,  and  you 
will  find  this  balance  but  one  hundred  and  eighty- 
two  thousand  dollars.    And  what  was  the  con- 
sequence?   Did  the  Government  stop?    Did 
the  wheels  of  the  State  chariot  cease  to  turn 
round  in  those  years  for  want  of  treasury  oil  ? 
Not  at  all.    Every  thing  went  on  as  well  as 
before ;  tho  operations  of  the  treasury  were  as 
perfect  and  regular  in  those  two  years  of  insig- 
nificant balpnccs,  as  in  1817  and  1818,  when  five 
and  ten  millions  were  on  hand.    This  is  proof; 
this  is  demonstration;   it  is  the   indubitable 
evidence  of  the  senses  which  concludes  argu- 
ment,  and   dispels   uncertainty;   and,   as   my 
proposal  for  the  repeal  of  the  4th  Section  of  the 
Sinking  Fund  act  of  1817  was  enacted  into  a 
law  at  the  last  session  of  Congress,  upon  the 
recommendation  of  the  Secretary  of  the  Trea- 
sury, a  vigilant  and  exemplary  oflBcer,  I  trust 
that  the  repeal  will  bo  acted  upon,  and  that  the 
bank  platter  will  be  wiped  as  clean  of  federal 
money  in  1831,  as  it  was' in  1821.     Such  clean- 
taking  from  that  dish  will  allow  two  or  three 
millions  more  to  go  to  the  reduction  of  the  public 
debt ;  and  there  can  be  no  danger  in  taking  the 
last  dollar,  as  reason  and  experience  both  prove. 
But,  to  quiet  every  apprehension  on  this  point, 
to  silence  the  last  suggestion  of  a  possibility  of 
any  temporary  deficit,  I  recur  to  a  provision 
contained  in  two  different  clauses  in  the  bank 
charter,  copied  from  an  amendment  in  the  charter 
of  the  Bank  of  England,  and  expressly  made,  at 


196 


TniRTY  YEARS'  VIEW. 


!    t.S 


!:1  1, 


IM 


of  the  ministrv,  to  muot  tho  con- 
(U'flciency  in  tlic  atinuul 


tho  instance 
tingoncy  of  a  teniponiry 

rcvonuo.  The  Kiiglisli  pi-ovi><ii>n  is  this:  thnt 
tho  K^vurninunt  nmy  borrow-  of  the  bank  half 
a  million  sterlinf^,  at  any  time,  without  u  special 
act  of  parliament  to  authorize  it.  The  provision 
in  our  charter  is  tho  same,  with  the  single  sub- 
stitution of  dollars  for  pounds.  It  is,  in  words 
and  intention,  a  standing  authority  to  borrow 
that  limited  sum,  for  the  obvious  purpose  of 
preventing  a  constant  keeping  of  a  sum  of 
money  in  hand  as  a  reserve,  to  meet  contingen- 
cies wliich  hardly  ever  occur.  This  contingent 
authority  to  effect  a  small  loan  has  often  been 
used  in  England — in  the  United  States,  never ; 

!)08sibly,  because  there  has  been  no  occasion  for 
t;  probably,  because  tho  clause  was  copied 
mechanically  from  tho  English  charter,  and 
without  tho  perception  of  its  practical  bearing. 
Be  this  as  it  may,  it  is  certainly  a  wise  and 
prudent  provision,  such  as  all  gorernments 
should,  at  all  times,  be  clothed  with. 

"  If  any  senator  thinks  that  I  have  exagge- 
rated the  injury  suffered  by  tho  United  States, 
on  account  of  the  uncompensated  masses  of 
public  money  in  tho  hands  of  the  bank,  I  am 
now  going  to  convince  him  that  he  is  wrong. 
I  am  going  to  prove  to  him  that  I  have  under- 
stated the  case;  that  T  have  purposely  kept 
back  a  large  part  of  it;  and  that  justice  requires 
a  further  development.  The  fact  is,  that  there 
are  two  different  deposits  of  public  money  iii  the 
bank  ;  one  in  the  name  of  the  Treasurer  of  the 
United  States,  the  other  in  the  name  of  disbursing 
officers.  The  annual  average  of  the  former  has 
been  about  three  and  •".  half  millions  of  dollars, 
and  of  this  I  have  said  not  a  word.  But  the 
essential  character  of  both  deposits  is  the  same ; 
they  are  both  the  property  of  the  United  States ; 
both  permanent;  both  available  as  so  much 
capital  to  the  bank  ;  and  both  uncompensated. 
'•  I  have  not  ascertained  the  average  of  these 
deposits  since  1817,  but  presume  it  may  equal 
the  amount  ol  that  bonus  of  one  million  live 
hundred  thousand  dollars  for  which  we  sold  the 
charter,  and  which  the  Finance  Committee  of 
the  Senate  compliments  the  bank  for  paying  in 
three,  instead  of  seventeen,  annual  instalments ; 
and  shows  how  much  interest  they  lost  by  doing 
so.  Certainly,  this  was  a  disadvantage  to  the 
bank. 

"  Mr.  President,  it  does  seem  to  me  that  there 
is  something  ominous  to  the  bank  in  this  contest 
for  compensation  on  the  undrawn  balances.  It 
is  the  very  way  in  which  the  struggle  began  in 
the  British  Parliameni  which  has  ended  in  the 
overthrow  of  tho  Bank  of  England.  It  is  the 
way  in  which  the  struggle  is  beginning  here. 
My  resolutions  of  two  and  three  years  ago  are 
the  causes  of  the  speech  which  you  now  hear ; 
and,  as  I  have  reason  to  believe,  some  others 
more  worthy  of  your  hearing,  which  will  come 
at  the  proper  time.  The  question  of  compensa- 
tion for  balances  is  now  mixing  itself  up  here, 
as  in  England,  with  the  question  of  renewing 


the  charter ;  and  tho  two,  acting  together,  will 
fall  with  combined  weight  upon  the  public  mind, 
and  certainly  eventuate  here  as  they  did  there. 

"  4.  To  diicredit  and  disparage  tho  notes  of  all 
other  banks,  by  excluding  them  from  the  collec- 
tion of  tho  federal  revenue.  This  results  from 
the  collection — no,  not  tho  collection,  but  tho 
receipt  of  the  revenue  having  been  conmiunicated 
to  tho  bank,  and  along  with  it  the  virtual  exe- 
cution of  tho  joint  resolution  of  18IG,  to  regulate 
the  collection  of  the  federal  revenue.  The  exe- 
cution of  that  resolution  was  intended  to  be 
vested  in  tho  Secretary  of  the  Treasury — a 
disinterested  arbiter  between  rival  banks;  but 
it  may  be  considered  as  virtually  devolved 
upon  the  Bank  of  the  United  States,  and  power- 
fully increases  the  capacity  of  that  institution  to 
destroy,  or  subjugate,  all  other  banks.  This 
power  to  disparage  the  notes  of  all  other  banks, 
IS  a  power  to  injure  them ;  and,  added  to  all  tho 
other  privileges  of  the  Bank  of  the  Unitt'd  States, 
is  a  power  to  destroy  them !  If  any  one  doubts 
this  assertion,  let  him  read  the  answers  of  the 
president  of  the  bank  to  the  questions  put  to 
him  by  the  chairman  of  the  Finance  Committee. 
These  answers  are  appended  to  the  committee's 
report  of  the  last  session  in  favor  of  the  bank, 
and  expressly  declare  the  capacity  of  the  federal 
bank  to  destroy  the  State  banks.  The  worthy 
chairman  [Mr.  Smith,  of  Md.J  puts  this  ques- 
tion ;  '  Has  the  bank  at  any  time  oppressed  any 
of  the  State  banks.'  The  president  [Mr. 
Biddle],  answers,  as  the  whole  world  would 
answer  to  a  question  of  oppression,  that  it  never 
had;  and  this  response  was  as  much  as  the 
interrogatory  required.  But  it  did  not  content 
the  president  of  the  bank ;  he  chose  to  go  further, 
and  to  do  honor  to  tho  institution  over  which 
he  presided,  by  showing  that  it  was  as  just  and 
generous  as  it  was  rich  and  powerful.  Ho, 
therefore,  adds  the  following  words,  for  which, 
as  a  seeker  after  evidence,  to  show  the  alarming 
and  dangerous  character  of  the  bank,  I  return 
him  my  unfeigned  thanks :  '  There  are  very  few 
banks  which  might  not  have  been  destroyed  by 
an  exertion  of  the  power  of  the  bank.' 

"  This  is  enough !  proof  enough !  not  for 
me  alone,  but  for  all  who  are  unwilling  to  see  a 
moneyed  domination  set  up — a  moneyed  oli- 
garchy established  in  this  land,  and  the  entire 
Union  subjected  to  its  sovereign  will.  The 
power  to  destroy  all  other  banks  is  admitted 
and  declared  ;  the  inclination  to  do  so  is  known 
to  all  rational  beings  to  reside  with  the  power ! 
Policy  may  restrain  the  destroying  faculties  for 
the  present;  but  they  exist;  and  will  come 
forth  when  interest  prompts  and  policy  permits. 
They  have  been  exercised;  and  the  general 
prostration  of  the  Southern  and  Western  banks 
attest  the  fact.  They  will  be  exercised  (the 
charter  bemg  renewed),  and  the  remaining  State 
banks  will  be  swept  with  the  besom  of  destruc- 
tion. Not  that  all  will  have  their  signs  knocked 
down,  and  their  doors  closed  up.  Far  worse  than 
tkat  to  many  of  them.    Subjugation,  in  prefer- 


\ 


m\ 


*r. 


ANNO  1831.     ANDREW  JACKSON,  PRESIDENT. 


197 


gethcr,  will 

iiibli'j  mind, 

did  thcro. 

notes  of  all 

the  collec- 

csults  from 

<n,  but  the 

iimunicated 

virtual  cxe- 

to  regulate 

The  exe- 

ided  to  be 

rcasury — a 

banku;  but 

T  devolved 

and  power- 

stitution  to 

nkfl.     This 

thcr  banks, 

d  to  all  the 

ited  States, 

one  doubts 

rers  of  the 

[)ns  put  to 

[Committee. 

ommittee's 

the  bunk, 

the  federal 

'he  worthy 

this   qucs- 

iressed  any 

dent    [Mr. 

rid   would 

at  it  never 

ich  as  the 

ot  content 

Ro  further, 

ver  which 

s  just  and 

Iful.     lie, 

or  which, 

alarming 

,  I  return 

very  few 

roycd  by 

not  for 
b  to  sec  a 
[eyed  oli- 

thc  entire 
[ill.  The 
J  admitted 

is  known 


le  power 


! 

ultics  for 

I'ill  come 

pennits. 

goneral 

Irn  banks 

lised  (the 

ling  State 

I  destruc- 

knocked 

prse  than 

prefer- 


■► 


encc  to  destruction,  will  bo  the  futo  of  many. 
Every  planet  must  have  its  satellites;  every 
tyranny  must  have  its  instruments ;  every 
knight  is  followed  by  his  squire;  even  the  king 
of  beawts,  the  royal  quadruped,  whose  roar  sub- 
dues the  forest,  nuiHt  have  a  small,  subservient 
animal  to  spring  his  prey,  dust  so  of  this 
imperial  ItauK,  when  installed  anew  in  its  for- 
midable and  lasting  power.  The  State  banks, 
f  pari'tl  by  the  sword,  will  be  passed  under  the 
yoke.  Ihcy  will  become  subordinate  parts  in 
the  great  machine.  Their  place  in  the  scale  of 
subordination  will  be  one  degree  below  the  rank 
of  the  legitimate  branches ;  their  business,  to 
perform  the  work  which  it  would  be  too  disre- 
putable for  the  legitimate  branches  to  perform. 
This  will  be  the  fate  of  the  State  banks  which 
are  allowed  to  keep  up  their  signs,  and  to  set 
open  their  doors ;  and  thus  the  entire  moneyed 
power  of  the  I'nion  would  fall  into  the  hands  of 
one  single  institution,  whose  inexorable  and 
invisible  mandates,  emanating  from  a  centre, 
would  jjervade  the  Union,  giving  or  withholding 
money  according  to  its  own  sovereign  will  and 
absolute  pleasure.  To  a  favored  State,  to  an 
individual,  or  a  class  of  individuals,  favored  by 
the  central  power,  the  golden  stream  of  Pactolus 
would  flow  direct.  To  all  such  the  numiticent 
mandates  of  the  High  Directory  would  come, 
as  the  fabled  god  made  his  terrestrial  visit  of  love 
and  desire,  enveloiwd  in  a  shower  of  gold.  But 
.to  others — to  those  not  favored — and  to  those 
hated — the  mandates  of  this  same  directory 
would  be  as  '  the  planetary  plague  which  hangs 
its  poison  in  the  sick  air ; '  death  to  them  ! 
death  to  all  who  minister  to  their  wants  !  What 
a  state  of  things  !  What  a  condition  for  a  con- 
federacy of  States!  What  grounds  for  alarm 
and  terrible  apprehension,  when  in  a  confede- 
racy of  such  vast  extent,  so  many  independent 
States,  so  many  rival  commercial  cities,  so  much 
sectional  jealousy,  such  violent  political  parties, 
such  fierce  contests  for  power,  there  should  be 
but  one  moneyed  tribunal,  before  which  all  the 
rival  and  contending  elements  must  appear !  but 
one  single  dispenser  of  money,  to  which  every 
citizen,  every  trader,  every  merchant,  every 
manufacturer,  every  planter,  every  corporation, 
every  city,  every  State,  and  the  federal  govern- 
ment itselfj  must  apply,  in  every  emergency,  for 
the  most  mdispensable  loan  !  and  this,  in  the 
face  of  the  fact,  that,  in  every  contest  for  hu- 
man rights,  the  great  moneyed  institutions  of 
the  world  have  uniformly  been  found  on  the  side 
of  kings  and  nobles,  against  the  lives  and  liberties 
of  the  people! 

"  5.  To  hold  real  estate,  receive  rents,  and  re- 
tain a  body  of  tenantry.  This  privilege  is  hos- 
tile to  the  nature  of  our  republican  government, 
and  inconsistent  with  the  nature  and  design  of 
a  banking  institution.  Republics  want  free- 
holders, not  landlords  and  tenants ;  and,  except 
the  corporators  in  this  bank,  and  in  the  British 
East  India  Company,  there  is  not  an  incorpora- 
ted body  of  landlords  in  any  country  upon  the 


fiu'e  of  the  earth  whoso  laws  emanate  from  a 
legislative  body.  Banks  are  instituknl  to  pro- 
mote trade  and  industry,  and  to  aid  the  govern- 
ment and  its  citizens  with  loans  of  money.  The 
whole  argument  in  favor  of  banking — every  ar- 
gmnent  in  favor  of  this  bank — rests  upon  that 
idea.  No  one,  when  this  charter  was  granted, 
presumed  to  speak  in  favor  of  inc<irporating  a 
society  of  landlords,  especially  foreign  landlords, 
to  buy  lands,  build  houses,  rent  tenements,  and 
retain  tenantry.  Loans  of  money  was  the  ob- 
ject in  view,  and  tlii'  purchase  of  real  estate  is 
incompatible  with  that  object.  Instead  of  re- 
maining bankers,  the  corporators  may  turn  land 
speculators;  instead  of  having  money  to  lend, 
tliey  may  turn  you  out  tenants  to  vote.  To  an  ap- 
plication for  a  loan,  they  may  answer,  and  answer 
truly,  that  they  have  no  money  on  hand ;  and  the 
reason  may  be,  that  they  have  laid  it  out  in  land. 
This  seems  to  be  the  case  at  present.  A  com 
mittee  of  the  legislature   of  Pennsylvania  has 

tust  applied  for  a  loan;  the  presideTit  of  the 
ank,  nothing  loth  to  make  a  loan  to  that  great 
state,  for  twenty  years  longer  than  the  charter 
has  to  exist,  expresses  his  regret  that  he  can- 
not lend  but  a  limited  and  inadequate  sum.  The 
funds  of  the  institution,  he  says,  will  not  permit 
it  to  advance  more  than  eight  millions  of  dollars. 
And  why  ?  because  it  has  invested  three  millions 
in  real  estate  !  To  this  power  to  hold  real  estate, 
is  superadded  the  means  to  acquire  it.  The  bunk 
is  now  the  greatest  moneyed  power  in  the 
Union ;  in  the  event  of  the  renewal  of  its  char- 
ter, it  will  soon  be  the  sole  one.  Sole  dispenser 
of  money,  it  will  soon  be  the  chief  owner  of  pro- 
perty. To  unlimited  means  of  acquisition,  would 
be  united  perpetuity  of  tenure ;  for  a  corporation 
never  dies,  and  is  free  from  the  operation  of  the 
laws  which  govern  the  descent  and  distribution  of 
real  estate  in  the  hands  of  individuals.  The  lim- 
itations in  the  charter  are  vain  and  illusory. 
They  insult  the  understanding,  and  mock  the 
credulity  of  foolish  believers.  The  bank  is  first 
limited  to  such  acquisitions  of  real  estate  as  are 
necessary  to  its  own  accommodation ;  then  comes 
a  proviso  to  undo  the  limitation,  so  far  as  it  con- 
cerns purchases  upon  its  own  mortgages  and 
executions !  This  is  the  limitation  upon  the 
capacity  of  such  an  institution  to  acquire  real 
estate.  As  if  it  had  any  thing  to  do  but  to  make 
loans  upon  mortgages,  and  push  executions  upon 
judgments !  Having  all  the  money,  it  would  be 
the  sole  lender ;  mortgages  being  the  road  to 
loans,  all  borrow^ers  must  travel  that  road. 
When  birds  enough  are  in  the  net,  the  fowler 
draws  his  string,  and  the  heads  are  wrung  off. 
So  when  mortgages  enough  arc  taken,  the  loans 
a"^  called  in ;  discounts  cease ;  curtailments  are 
made;  failures  to  pay  ensue;  writs  issue; 
judgments  and  executions  follow;  all  the  mort- 
gaged premises  are  for  sale  at  once ;  and  the  at- 
torney of  the  bank  appears  at  the  elbow  of  the 
marshal,  sole  bidder  and  sole  purchaser. 

"  AVhat  is  the  legal  effect  of  this  vast  capacity 
to  acquire,  and  this  legal  power  to  retain,  real 


• 

1 

■11 

1 
I 

■! 

; 

. 

\ 

t 

I 

^'■\ 

108 


TlllU'n'  YKAIIS'  VIKW. 


I'Mlntc  f  Ih  it  iiol  l)u<  n-fiition  of  a  nt<\v  H|H<cii<N 
(it'  inoi'tinitiii  /  Anil  of  ii  kind  ini>ri<  odionA  nml 
danp'iDiis  (liiin  ihiit  iMnitniiiin  of  llii>  <-)iiircli 
wliii/li  il  liittlli'd  till'  Kii^lisli  Piirlianicnt  ho  iiiuny 
ngi'x  (<•  «liiili(*li.  '\'\u<  niotlniitin  of  tlio  cliiiirli 
wiiH  i\  |)ti\vi'r  ill  un  t'cclcNinNlioid  curiiiiriilioti  to 
hold  I'i'iil  cMliitc,  iudt'iH-ndiMit  of  |)\(<  Iuwh  ot'dis- 
triliiition  mid  dcMViit :  tlio  inorlnmin  of  the  Imiik 
Ih  u  power  in  a  lay  ('or|ioriiliiin  to  do  llio  Hainc 
lliiiifi;.  'I'lu'  I'vii  t>l'  llu-  two  Icniiivrt  i^  iili-ntind  ; 
till'  dilViTfiiiv  lu'twocii  till"  two  coriMiratioiiM  is 
no  iiioi'c  tliiiii  tlu'diUfi-cncc  lictwi'cn  |iui>oii.>iHiid 
iiioiu'y-t'liuiip  IS ;  llii>  n»|mcily  to  do  ini^oliii-f 
iiu'oin|mriiliiy  llic  nivutcHt  on  tlu'|iuit  ol'tlii'  lu,v 
ooi|ioriitois.  Tlu'  rlimili  «'oiild  only  o|M'riit»' 
U|M)n  tlu<  li'w  who  wcit>  thinking  of  lli«<  other 
world  ;  the  Imiik,  upon  nil  who  iiix<  iinnursed  in 
t!u'l>n>ineK«or  thopleiisnn'HofthiH.  'rhenieiiiiN 
of  the  cliiiirh  were  nothing  htit  prayers;  (he 
means  of  the  hank  is  money  !  'riu>  ehnreh  ix>- 
iH'ived  what  it  could  hej;  from  dyinn  sinners  ;  the 
hank  may  extort  what  il  pleases  from  tlie  whole 
living  pneration  of  the  just  and  imjiist.  Siieli 
is  the  parallel  hetweeii  the  iiinrtmain  of  the  two 
eorporatioiis.  They  Itotli  end  in  monopoly  of 
estates  and  perju'tiiity  of  siuression ;  and  the 
hank  is  the  greatest  monopolizer  of  the  two. 
Monopolies  and  perpetual  siictvssion  are  tlio  hane 
of  ivpuhlies.  Our  aneestors  took  eare  t*)  provi«le 
against  them,  hy  aholislung  entails  mid  |)rimo- 
genitinv.  Kven  the  glehes  of  the  eliuixh,  lean 
and  few  as  they  were  in  most  of  the  Slates,  fell 
niuKr  the  repuMio^m  prineiple  of  limited  tenuirs. 
All  the  States  aholished  iheanti-ivpuhliean  leti- 
uivs ;  hut  Coiijiress  re-estuhlishes  them,  ami  in 
a  maimer  more  dauiivrous  and  oll'en.-ive  than  he- 
foiv  the  l^ovolution.  They  are  now  given,  not 
pinienilly,  but  to  few ;  not  to  natives  only,  hut 
to  fon'igners  also ;  fiU'  fiuvigiiers  aiv  large  own- 
ers of  this  hank.  And  thus,  the  prineiples  of 
the  Ixevolutiou  sink  before  the  privileges  of  an 
inwrjH>rated  wniimny.  The  laws  of  the  States 
fail  hefon>  the  mandates  of  a  oontral  directory 
in  IMiiladelphia.  Foreigners  hocomo  the  land- 
lonls  of  fi\v-born  Americans ;  and  the  young 
and  flourishing  towns  of  the  I'nited  States  are 
verging  to  the  fate  of  the  family  boroughs  which 
In-long  to  the  gix'at  aristocnicy  of  Kngland. 

'■  Let  no  one  say  the  bank  will  not  avail  itself 
of  its  capacity  to  amass  n-al  estate.     The  fact  is, 
it  lias   aln>ady  done  so.     1   know  towns,  yeii, 
cities,  and  could  name  them,  if  it  might  not  seem 
invidious  from  this  olovatcd  theatre  to  make  a  j 
public  rcferemv  to  their  misfortunes,  in  which 
this  bank  already  appears  as  a  dominant  and 
cuprv^s-ing  proprietor.     I  have  been  in  places  j 
will"  11'  the  answers  to  inquiries  for  the  owners  ; 
of  t  ho  most  valuable  tenements,  would  remind  , 
yu,i  of  the  answers  given  by  the  Egyptians  to 
Miuilar  questions  fi"om  the  Fivnch  olHcers,  on 
their  maix-h  to  Cairo.     You  recollect,  no  doubt, 
sir.   the    dialogue    to  which  1  allude:    'Who 
owns  that  palace  1 '     '  The  Mameluke  ; '     '  Who 
this  ivimtry  house  ? '  '  The  Mameluke ; '  '  These 
gardens  ; '  •  The  Mameluke ; '  "  Tliat  field  covered  , 


with  rice?'  •The  Mann-hike.'— -Ami  thiiH  have 
I  Ix'eii  answered,  in  the  townsiind  cities  iiferred 
to,  with  the  single  eNception  of  the  iiuiiie  of  tli«< 
Itankofthe  I'nited  States  hiiliKtitnted  for  that 
of  the  military  hcourgeof  Kgypt.  If  this  is  done 
under  the  tlrst  «harler,  wlial  may  not  he  e.\p««'t- 
ed  iiiiiior  tlie  second  /  If  this  is  done  while 
the  liank  is  on  its  best  behavior,  what  may  she 
not  do  when  freed  from  all  restraint  and  deliver- 
ed up  to  the  boundless  cupidity  and  leinoiveleHtt 
exactioii'i  of  a  moneyed  corporation  / 

"(i.  To  deal  in  pawns,  nierchandiHe,  and  bilks 
of  exchangi'.     I  hope  the  Senate  will  not  requiro 


me  to  read  dry  passages  from  the  charter  to 
prove  what  I  sav.  I  know  I  speak  n  thing  near- 
ly incredible  wlieii  I  allege  tiiat  this  bank,  in 
adtlition  to  all  its  other  attributes,  is  an  incorpo- 
rated company  of  pawnbrokers!  The  allegation 
staggers  belief,  but  a  lefiretice  to  the  charter  will 
disiiel  incredulity.  The  charter,  in  the  lirst  part, 
forbids  a  (ratllc  in  merchandise;  in  the  after 
part,  |M'rmits  it.  i'tu-  truly  this  instriiiinnl 
seems  to  have  Ih-cii  framed  upon  the  priiu'iples 
of  contnirics;  one  principle  making  limitations, 
and  the  other  following  attir  with  provisos  to 
undo  them.  'I'him  is  it  with  lands,  as  I  have 
just  shown;  thus  is  it  with  merehandise,  as  I 
now  show.  The  bank  is  forhidtlcii  to  deal  in 
merchamlise — proviso,  unless  in  tlie  case  of 
goods  pledged  for  money  lent,  and  not  redeemed 
t»>  the  day  ;  and,  proviso,  again,  unless  for  goods 
which  shall  be  the  pniceeds  of  its  lands.  With 
the  help  of  these  two  provi-<os,  it  is  clear  that 
the  limitation  is  uiuhme ;  it  Is  clear  that  the 
bank  is  at  liberty  to  act  the  pawnbroker  and 
merchant,  to  any  extent  that  it  please;;.  It  may 
say  to  all  the  merchants  who  want  hmns,  Pledge 
your  stores,  gentlemen !  They  must  do  it,  or 
do  worse;  and,  if  any  accident  prevents  redinip- 
tion  on  the  day,  the  pawn  is  forfeited,  and  the 
hank  takes  possession.  On  tlie  other  hand,  it 
may  lay  out  its  rents  for  goods ;  it  may  sell  its 
real  estate,  now  worth  three  millions  of  dollars, 
for  giKids.  Thus  the  bank  is  an  incorporated 
company  of  pawnbrokers  and  merchants,  as  w  ell 
as  an  incoriKn.ition  of  landlords  and  land-specu- 
lators ;  ami  this  derogatory  privilege,  like  the 
others,  is  copied  from  the  old  Hank  of  England 
charter  of  1 111)4.  Hills  of  exchange  are  also  sub- 
jected to  the  trafllcof  this  bank.  It  is  a  tnillic 
unconi..cted  with  the  trade  of  banking,  danger- 
ous for  a  great  bank  to  hold,  and  now  operating 
most  injuriously  in  the  South  and  West,  It  is 
the  process  which  drains  these  quarters  of  tho 
Inion  of  their  gold  and  silver,  and  stifles  tho 
growth  of  a  fair  commerce  in  the  products  o(  tho 
country.  The  merehants,  to  make  remittances, 
buy  bills  of  exchange  from  the  branch  banks, 
instead  of  buying  produce  from  the  larmers. 
The  bills  are  paid  for  in  gold  and  silver ;  and, 
eventually,  the  gold  and  silver  are  sent  to  the 
mother  bank,  or  to  the  branches  in  the  Eastern 
cities,  either  to  meet  these  bills,  or  to  ivplenish 
their  cofl'ers,  and  to  furnish  vast  loans  to  liivorito 
States  or  individuals.     The  bills  sell  cheap,  say 


I 


'► 


ANNO  1H3I.     AMHIKW  JACKSON,  I'KIMUKNT. 


199 


oluT  nnd 

It  limy 

K,  IMi'dno 

tl«)  it,  or 

nili'iiHi- 

llllll  tlio 

liniul,  it 

I'  Hill  its 

t'dolliirs, 

or|)i)i'ati'«i 

s.  lis  well 

Iul-KJ)CCU- 

liko  Die 
Kiigluiul 

also  sub- 
11  tiiillic 

,  dangiT- 

IKTUtillg 

.St.  It  is 
8  of  tho 
iflus  tho 
;ts  of  tho 
ittancos, 
banks, 
I  thrmcis. 
ji-r;  luid, 
lit  to  the 
1  Ea.-tern 
Icpleiiish 
liivorito 
|cap,  say 


» (Vnrtlmi  of  ««•  !»«'••  «•»••!  'ht'y  uiy,  tin  iifirr, 
n(;i)(*d  ri'iiiittiiiio'  to  till'  iiM't'clianl.  'lo  the  bunk 
tli(>  ii|ii'ruli<>ii  \h  duidily  K'*<"li  l'i'i'«'Vi'ii  the  ball' 
ofoiH'  [M-r  o'lil.  nil  bill.'<  of  f.\oliaiim>  in  a  jjrcat 

Iirolll  lo  tin-  iiiHtitiilion  wbiirli  iiiiiiio|i<ib/.fM  ibiit 
HiNiiicMS,  wliili-  llif  I'lilKi'tioii  lUid  delivery  to 
tlie  braiu'beN  ufall  tlie  bard  iiiniiey  in  the  cmiiii- 
ti'v  inaHtill  iiKirectiiiHiderabIc  udvaiita|;(>.  I'tider 
tbirt  Hy.sleni,  tin*  IwMt  of  the  Western  biuiku-  I 
do  not  HiM'ak  ot' (Imso  wbiidi  bad  iiot'iKiiidHtionM. 
Aiiil  Miink  under  the  weiKbt  of  iieiKbborbootl 
o|iinion,  but  tlio.to  wliicli  tieserved  favor  and 
conlldeiire — sunk  ten  yearn  11^0.  Under  thin  MyH- 
teiii,  the  entire  West  in  now  undei^Din^  aHileiit, 
p-neral,  and  invisible  drain  of  ilH  baiil  iiioney  ; 
and,  if  not  iiiiiekly  arrenled,  tliese  SuleH  will 
HOdii  be,  HO  lar  as  the  precioiiN  metals  are  con- 
n'riied,  no  more  than  the  eiii|ity  ukiii  of  an  im- 
molated victim. 

"7.  To  establish  branelieH  In  the  ditferent 
States  without  their  consent,  and  in  delianee  of 
their  resistance.  No  one  can  di'iiy  the  de^rad- 
in)iC  uixi  injurious  tendency  of  this  iiriviU'K*'-  H 
deropiles  from  the  HovereiK'dy  of  u  Stale; 
tramiile"  u|i<in  bir  l:iws;  injures  her  revenue 
and  commerce;  lays  open  her  government  (o 
the  attacks  of  centralism;  im))Hirs  the  pro|K'rly 
of  her  cilixens ;  and  fasti^im  u  vampire  on  her 
bosom  to  suck  out  her  gold  and  silver.  I. 
It  derogates  from  her  sovereignty,  liecaiise  the 
central  institution  may  impose  its  intrusive 
branches  upon  the  State  without  her  consent, 
and  in  dellance  of  her  resistance.  Tliis  has  al- 
i-eady  been  done.  The  State  of  Alabama,  but 
four  years  ago,  by  a  resolve  of  her  legislaturt-, 
remonsliated  against  the  intrusion  of  a  branch 
upon  her.  She  protested  against  the  favor. 
Was  the  will  of  tho  State  resjK'cted?  On  tlie 
contrary,  was  not  a  brancli  instantaneously 
forced  upon  her,  as  if.  by  the  suddenness  of  the 
action,  to  make  a  striking  and  conspicuous  dis- 
play of  the  oniiiipotence  of  the  bank,  and  the 
nullity  of  the  State?  2.  It  tramples  upon  her 
hiws;  because,  according  to  the  decision  of  the 
Su|-reme  Court,  tho  bunk  and  all  its  branches  are 
wholly  inde|)endent  of  State  legislation ;  and  it 
tramples  uii  them  again,  Ixcause  it  authorizes 
foreigners  to  hold  lands  and  tenements  in  every 
State,  contrary  to  the  laws  of  many  of  thi^ni ; 
and  because  it  admits  of  the  mortmain  tenure, 
which  is  condemned  by  all  the  republican  States 
in  the  Union.  3.  It  injures  her  revenue,  because 
the  bank  stock,  under  the  decision  of  the  Su- 
premo Court,  is  not  liable  to  taxation.  And 
thus,  foreigners,  and  non-resident  Americans, 
who  monopolize  tho  money  of  the  State,  who 
hold  its  best  lands  and  town  lots,  who  med- 
dle in  its  clcction.s,  and  suck  out  its  gold 
and  silver,  and  perform  no  military  duty, 
are  exempted  from  paying  taxes,  in  proportion 
to  their  wealth,  for  the  support  of  tho  State 
whose  laws  they  trample  upon,  and  whose 
beiiclits  they  3urp.  4.  It  subjects  the  State 
to  the  dangerous  nianoeuvrca  and  intrigues  of 
centralism,  by  means  of  the  tenants,  debtors, 


bank  oilleers,  and  bank  money,  which  tho  cen- 
tral   dit'e<'lory   n  tain    in   the    Slate,  and   may 
emlioily   itnd  direct  a^'iiinst   il   in  its  elections, 
and  ill   it.s  leginlative  and  jiidieuil  proceedings. 
.').   Il  lends  to  impair  the  pnipi  rty  of  the  eili/.ens, 
and,  in   some  iiiHtanees,  that  of  the  Slates,  by 
di'slroying  the  Stale  banks  in  wbirb  lliey  bavo 
invested  iheir  money,     li.  Il  is  injnrioiiH  to  Iho 
eomineree  of  the  .Slates  (I  speak  of  the  West- 
ern  Slates),  by    hiibstiliitiiig   a   trade   in  bills 
of  exchange,  for  a   trade    in    the  products   of 
the  country.     7.  It  iiiHleiiH  a  vamiiiie   on   the 
bosom  of  the.  Stale,  lo  suck  away   its  gold  and 
silver,  and    to   co-o|Hrale  with    ihe  eomse   of 
trade,  of  federal  legislation,  and  of  exchange,  in 
draining  the  South  and   West  of  all  their  hard 
money.     'I'be  Southern  Stall  s,  with  llieir  thirty 
millions  of  annual  exports  in  cotton,  rice,  ami 
tobiu;<!o,  and    the  Western  States,  with    their 
twelvi!  millions  of  provisions  and   lobucfMi  ex- 
ported from    New   (Jrleans,    and   live    millionii 
coiiHiimeil  ill  the  South,  and  on  the  lower  Mis- 
Hissippi, — that  is  to  say,  with  three  llilhs  of  thu 
marketable  productions  of  the  I'liion,  are  not 
able  toNUHtain  thirty  s|iecie  paying  lianks;  whilo 
the  minority  of  the  Slates  north  of  llie  I'otomac, 
without  any  of  the  great  staples  for  export,  have 
above  four  hundred  of  such  banks.    '1  hese  States, 
without  rice,  without  cotton,   without  tobacco, 
without  sugar,  and  with  letis  Hour  and  provisions, 
to  export,  are  saturated  with  gold  and  silver; 
while  the  Southern  and  W  estern  States,  with 
all  the  real  sources  of  wealth,  are  in  a  state  of 
the  utmoKt   destitution.     For   this  calamitoua 
reversal  of  the  natural  order  of  things,  the  liunk 
of  the  United  Stales  stands  forth  pre-«!ininently 
culpable.     Yes,    it  is    pre-eminently    culjiable ! 
and  a  statement  in  the  '  National  Iiit<.'l!igencer' 
of  this  morning  (a  paper  which  would  overstate 
no  fact  to  the  prejudice  of  the  bunk),  cites  and 
proclaims  the  fact  which  proves  this  culpability. 
it  dwells,  and  exults,  on  the  iiuaiitity  of  gold 
aii<l  silver  in  the  vaults  of  the   I'nited  States 
Itank.     It  declares  that  institution  to  Im)  'over- 
burdened' with  gold  and  silver;  and  well  may  it 
be  so  overburdened,  since  it  has  lifted  the  load 
entirely  from  the  South  and  West.    It  calls  these 
metals  '  a  drug '  in  the  hands  of  the  bank  ;  that 
is  to  say,  an  article  for  which  no  purchaser  can 
be  found.     Let  this  '  drug,'  like  the  treasures  of 
the  dethroned  I)cy  of  Algiers,  be  released  from 
the  dominion  of  its  keeper ;  let  a  part  go  back 
to  the  South  and  West,  and  the  bank  will  no 
longer  complain  of  repletion,  nor  they  of  de- 
pletion. 

"8.  Exemption  of  the  stockholders  from  indi- 
vidual liability  on  the  failure  of  the  bank.  This 
privilege  derogates  from  the  common  law,  is  con- 
trary to  the  principle  of  partnerships,  and  inju- 
rious to  the  rights  of  the  community.  1 1  is  a 
peculiar  privilege  granted  by  law  to  these  corpo- 
rators, and  exempting  them  from  liability,  except 
in  their  corporate  capacity,  and  to  the  amount  of 
tho  assets  of  the  corporation.  Unhappily  these 
assets  are  never  assez,  that  is  to  say,  enough, 


200 


THIRTY  YEARS'  VIEW. 


i 


when  occnsion  comca  for  rocuninj];  to  tlicm. 
When  a  bank  fiiils,  its  assets  arc  always  loss 
than  its  debts ;  so  that  responsibility  fails  the 
instant  that  liability  accrues.  Let  no  one  say 
that  the  bank  of  the  United  States  is  too  great 
to  fail.  One  preater  than  it,  and  its  prototype, 
has  failed,  and  that  in  our  own  day,  and  for 
twenty  years  at  a  time :  the  Bank  of  England 
failed  in  1797,  and  the  Bank  of  the  United  States 
was  on  the  point  of  failing  in  1819.  The  same 
ca)ise,  namely,  stockjobbing  and  overtrading, 
carried  both  to  the  brink  of  destruction;  the 
same  means  saved  both,  namely,  the  name,  the 
credit,  and  the  helping  hand  of  the  governments 
which  protected  them.  Yes,  the  Bank  of  the 
I'nited  States  may  fail ;  and  its  stockholders 
Mve  in  splendor  upon  the  princely  estates  ac- 
quired with  its  notes,  while  the  industrious  classes, 
who  hold  those  notes,  will  be  imable  to  receive  a 
shilling  for  tliom.  This  is  unjust.  It  is  a  vice 
in  the  charter.  The  true  principle  in  banking 
requires  each  stockholder  to  be  liable  to  the 
amount  of  his  shares  ;  and  subjects  him  to  the 
summary  action  of  every  holder  on  the  failure  of 
the  institution,  till  he  has  paid  up  the  amount  of 
his  subscription.  This  is  the  true  principle.  It 
has  prevailed  in  Scotland  for  the  last  century, 
and  no  such  thing  as  a  broken  bank  has  been 
known  there  in  all  that  time. 

"  0.  To  have  the  United  States  for  a  partner. 
Sir,  there  is  one  consequence,  one  result  of  all 
partnerships  between  a  government  and  indi- 
viduals, which  should  of  itself,  and  in  a  more 
mercantile  point  of  view,  condemn  this  associa- 
tion on  the  jiart  of  the  federal  government.  It 
is  the  principle  which  puts  the  strong  j)artner 
forward  to  bear  the  burden  whenever  the  con- 
corn  is  in  danger.  The  weaker  members  flock 
to  the  strong  partner  at  the  approach  of  the 
storm,  and  the  necessity  of  venturing  more  to 
save  what  he  has  already  staked,  leaves  him  no 
alternative.  He  becomes  the  Atlas  of  the  firm, 
and  bears  all  upon  his  own  shoulders.  This  is 
the  principle  :  what  is  the  fact  ?  Why,  that  the 
United  States  has  already  been  compelled  to 
sustain  the  federal  bank ;  to  prop  it  with  her 
revenues  and  its  credit  in  the  trials  and  crisis  of 
its  early  administration.  I  pass  over  other  in- 
stances of  the  damage  siiflbrod  by  the  United 
States  on  account  of  this  partnership ;  the  im- 
mense standing  deposits  for  which  we  receive  no 
compensation ;  the  loan  of  five  millions  of  our 
own  money,  for  which  wc  have  paid  a  million 
and  a  half  in  interest ;  the  five  per  cent,  stock 
note,  on  which  we  have  paid  our  partners  four 
million  seven  hundred  and  twenty-five  thousand 
dollars  in  interest ;  the  loss  of  ten  millions  on 
the  three  per  cent,  stock,  and  the  ridiculous  ca- 
tastrophe of  the  miserable  bojius,  which  has 
been  paid  to  us  with  a  fraction  of  our  own 
money ;  I  pass  over  all  this,  and  come  to  the 
point  of  a  direct  loss,  as  a  partner,  in  the  divi- 
dends upon  the  stock  itself.  Upon  this  naked 
point  of  proiit  and  loss,  to  be  decided  by  a  rule 
in  arithmetic,  wo  have  sustained  a  direct  and 


heavy  loss.  The  stock  held  by  the  United  States, 
as  every  body  knows,  was  subscribed,  not  paid. 
It  was  a  stock  note,  deposited  for  seven  millions 
of  dollars,  bearing  an  interest  of  iive  per  cent. 
The  inducement  to  this  subscription  was  the  se- 
ductive conception  that,  by  paying  five  per  cent, 
on  its  note,  the  United  States  would  clear  four 
or  five  per  cent,  in  getting  a  dividend  of  eight  or 
ten.  This  was  the  inducement ;  now  for  the  re- 
alization of  this  fine  conception.  Let  us  see  it. 
Here  it  is  ;  an  official  return  from  the  Register 
of  the  Treasury  of  interest  paid,  and  of  dividends 
received.    The  account  stands  thus : 

Interest  paid  bj  the  United  States,  $4,725,000 
Dividends  received  by  the  United  States,  4,029,426 


.  .OSS  to  the  United  States, 


$95,574 


"  Disadvantageous  as  this  partnership  must  be 
to  the  United  States  in  a  moneyed  point  of  view, 
there  is  a  far  more  grave  and  serious  aspect 
under  which  to  view  it.  It  is  the  political  aspect, 
resulting  frcn  the  imion  between  the  bank  ana 
the  governnK^nt.  This  union  has  been  tried  in 
England,  and  has  been  found  there  to  be  just  as 
disastrous  a  conjunction  as  the  union  between 
church  and  state.  It  is  the  conjunction  of  the 
lender  and  the  borrower,  and  Holy  Writ  has  told 
us  which  of  these  categories  will  be  master  of 
the  other.  But  suppose  they  agree  to  drop  rival- 
ry, and  unite  their  resources.  Suppose  they 
combine,  and  make  a  push  for  political  power : 
how  groat  is  the  mischief  which  they  may  not 
accomplish !  But,  on  this  head,  I  wish  to  use 
the  language  of  one  of  the  brightest  patriots  of 
Great  Britain  :  one  who  has  shown  himself,  in 
those  modern  n.  ,  s,  to  be  the  worthy  successor 
of  those  old  iron  barons  w^hose  i)ati  iotism  com- 
manded the  unpurchasable  eulogium  of  the  elder 
Pitt.  I  speak  of  Sir  William  Pulteney,  and  his 
speech  against  the  BanK  of  England,  in  1797. 

"the  speech  : — extract. 

"  •  I  have  said  enough  to  show  that  govern- 
ment has  been  rendered  dependent  on  the  bank, 
and  more  particularly  so  in  the  time  of  war ;  and 
though  the  bank  has  not  yet  fallen  into  the  hands 
of  ambitious  men,  yet  it  is  evident  that  it  might, 
in  such  hands,  assume  a  power  sufficient  to  con- 
trol and  overawe,  not  only  the  ministers,  but 
king,  lords,  and  commons.  ****** 
As  the  bank  has  thus  become  dangerous  to  gov- 
ernment, it  might,  on  the  other  hand,  by  uniting 
with  an  ambitious  minister,  become  the  means 
of  establishing  a  fourth  estate,  sutlicient  to  in- 
volve this  nation  in  irretrievable  slavery,  and 
ought,  therefore,  to  bo  dreaded  as  much  as  a  cer- 
tain East  India  bill  was  justly  dreaded  at  a  pe- 
riod not  very  remote.  I  will  not  say  that  the 
present  minister  (tie  younger  Pitt),  by  en- 
deavoring, at  this  crisis,  to  take  the  Bank  of 
England  under  his  protection,  can  have  any 
view  to  make  use,  hereafter,  of  that  engine  to 
perpetuate  his  own  power,  and  to  enable  him  to 


'nited  States, 
wJ,  not  paid. 
;vcn  millions 
ivo  per  cent. 
1  was  the  se- 
Rve  per  cent. 
Id  clear  four 
d  of  eight  or 
w  for  the  re- 
Let  >is  see  it. 
the  Ropister 
of  dividends 


$4,725,000 
es,  4,029,426 

$95,574 

(hip  must  be 
oint  of  view, 
rioiis  aspect 
litical  aspect, 
he  bank  and 
•ecn  tried  in 
to  be  just  as 
on  between 
ction  of  the 
i'rit  has  told 
be  master  of 
0  drop  rival- 
ippose  they 
ical  power: 
ley  may  not 
ivish  to  use 
t  patriots  of 
himself,  in 

successor 
iotism  com- 

tlie  elder 
icy,  and  his 

1797. 


at  govom- 
the  bank, 
war;  and 
the  hands 

it  might, 
nt  to  con- 
st ors,  but 

*    *    * 

us  to  gov- 
by  uniting 
ic  means 
lent  to  in- 
■ery,  and 
as  a  ccr- 
at  a  pe- 
that  the 
,  by  en- 
Bank  of 
lave  any 
engine  to 
Ic  him  to 


ANNO  183!.    ANDREW  JACKSON,  PRESIDENT. 


201 


domineer  over  our  constitution :  if  that  could  be 
supposed,  it  would  only  show  that  men  can  en- 
tertain u  very  dilfcrent  train  of  ideas,  when  en- 
deavoring to  overset  a  rival,  from  what  occurs  to 
them  when  intending  to  support  and  fix  them- 
selves. My  object  is  to  secure  the  country 
against  all  risk  either  fiora  the  bank  as  opp*^  sed 
to  government,  or  as  the  engine  of  ambitious 
men.' 

"  And  this  is  my  object  also.  T  wish  to  secure 
the  Union  from  all  chance  of  narm  from  this 
bank.  I  wish  to  provide  against  its  friendship, 
as  well  as  its  enmity — against  all  danger  from 
its  hug,  as  well  as  from  its  blow.  I  wish  to 
provide  against  all  risk,  and  every  hazard ;  for, 
if  this  risk  and  hazard  were  too  great  to  be  en- 
countered by  King,  Lords,  and  Commons,  in 
Great  Britain,  they  must  certainly  be  too  great 
to  be  encountered  by  the  people  of  the  United 
States,  who  are  but  commons  alone. 

"  10.  To  have  foreigners  for  partners.  This, 
Mr.  President,  will  be  a  strange  story  to  be  told 
in  the  West.  The  downright  and  upriglit  people 
of  that  unsophisticated  region  believe  that  words 
mean  what  they  signify,  and  that '  the  Bank  of 
the  United  States '  is  the  Bank  of  the  United 
States.  How  great  then  must  be  their  astonish- 
ment to  learn  that  this  belief  is  a  false  concep- 
tion, and  that  this  bank  (its  whole  name  to  the 
contrary  notwithstanding)  is  just  as  much  the 
bank  of  foreigners  as  it  is  of  the  federal  govern- 
ment. Here  I  would  like  to  have  the  proof— a 
list  of  the  names  and  nations,  to  cstabli-sh  this 
almost  incredible  fact.  But  I  have  no  access 
except  to  public  documents,  and  from  one  of 
these  I  learn  as  much  as  will  answer  the  present 
pinch.  It  is  the  report  of  the  Committee  of 
Ways  and  Means,  in  the  House  of  Representa- 
tives, for  the  last  session  of  Congi-ess.  That  re- 
port admits  that  foreigners  own  seven  millions 
of  the  stock  of  this  bank ;  and  every  body 
knows  that  the  federal  government  owns  seven 
millions  also. 

"Thus  it  is  proved  that  foreigners  are  as 
deeply  interested  in  this  bank  as  the  United 
States  itself.  In  the  event  of  a  renewal  of  the 
charter  they  will  be  much  more  deeply  interest- 
ed than  at  present ;  for  a  prospect  of  a  rise  in 
the  stock  to  two  hundred  and  fifty,  and  the  un- 
settled state  of  things  in  Euroixj,  will  induce 
them  to  make  great  investments.  It  is  to  no 
purpose  to  say  that  the  foreign  stockholders 
cannot  be  voters  or  directors.  The  answer  to 
that  suggestion  is  this :  the  foreigners  have  the 
money ;  they  pay  down  the  cash,  and  want  no 
accounnodations ;  they  ai-e  lenders,  not  borrow- 
ers ;  and  in  a  great  moneyed  instituion,  such 
stockholders  must  have  the  greatest  '  ifluence. 
The  name  of  this  bank  is  a  deception  upon  the 
public.  It  is  not  the  bank  of  the  federal  gov- 
ernment, as  its  nanie  would  import,  nor  of  the 
States  which  compose  this  Union ;  but  chiefly 
of  private  individuals,  ft)rcigncrs  as  well  as  na- 
tives, denizens,  and  naturalized  subjects.  They 
own  twenty-eight  millions  of  the  stock,  the  fed- 


eral government  but  seven  millions,  and  these 
seven  are  precisely  balanced  by  the  stock  of  the 
aliers.  The  fedcnil  government  and  the  aliens 
arc  equal,  owning  one  fifth  each;  and  there 
wou'd  be  as  nnich  truth  in  calling  it  the  Eng- 
lish Bank  as  the  Bank  of  the  United  States. 
Now  mark  a  few  of  the  privileges  which  this 
charter  gives  to  these  foreigners.  To  be  land- 
holders, in  defiance  of  the  Stite  laws,  which 
forbid  aliens  to  hold  land ;  to  be  landlords  by 
incorporation,  and  to  hold  American  citizens 
for  tenants ;  to  hold  lands  in  mortmain ;  to  be 
pawnbrokers  and  nierc>ia'iits  by  incorporation ;  to 
pay  the  revenue  of  the  United  States  in  their  own 
note.  ,  in  short,  to  do  every  thing  which  I  have 
endeavored  to  point  out  in  the  long  and  hideous 
list  of  exclus've  privileges  granted  to  this  bank, 
if  r  have  'jhown  it  to  be  dangerous  for  the  United 
Stites  to  be  in  partnership  with  its  own  citi- 
zens, how  much  stronger  is  not  the  argument 
against  a  partnership  with  foreigners  ?  What 
a  prospect  for  loans  when  at  war  with  a  foreign 
power,  and  the  subjects  of  that  power  large 
owners  of  the  bank  here,  from  which  alone,  or 
from  banks  liable  to  be  destroyed  by  it,  we  can 
obtain  money  to  carr}'  on  the  war !  What  a 
state  of  things,  if,  in  the  division  of  political 
parties,  one  of  these  parties  and  the  foreigners, 
coalescing,  should  have  the  exclusive  control  of 
all  the  money  in  the  Union,  and,  in  addition  to 
the  monej',  should  have  bodies  of  debtors,  ten- 
ants, and  bank  officers  stationed  in  all  the  States 
with  a  s  ipreme  and  irresponsible  system  of 
centralism  to  direct  the  whole  !  Dangers  from 
such  contingencies  arc  too  great  and  obvious  to 
be  insisted  upon.  They  strike  the  common 
sense  of  all  mankind,  and  were  powerful  consid- 
erations with  the  old  whig  republicans  for  the 
non-renewal  of  the  charter  of  1791.  Mr.  JellcT- 
son  and  the  whig  rcpiiblicans  staked  their  po- 
litical existence  on  the  non-renewal  of  that 
charter.  They  succeeded ;  and,  by  succeeding, 
prevented  the  country  from  being  laid  at  the 
mercy  of  British  and  ultra-federalists  for  funds 
to  carry  on  the  last  war.  It  is  said  the  United 
States  lost  forty  millions  by  using  depreciated 
currency  during  the  last  war.  That,  probably, 
is  a  mistake  of  one  half.  But  be  it  so !  For 
what  are  forty  millions  compared  to  the  loss  of 
the  war  itself — compared  to  the  ruin  and  infa- 
my of  having  the  government  arrested  for  want 
of  money — stopped  and  paralyzed  by  the  recep- 
tion of  such  a  note  as  the  younger  Pitt  received 
from  the  Bank  of  England  in  1795  ? 

"  1 1.  Exemption  from  due  course  of  law  for 
violations  of  its  charter. — This  is  a  privilege 
which  affects  the  administration  of  justice,  and 
stands  without  example  in  the  annals  of  repub- 
lican legislation.  In  the  case  of  all  other  delin- 
quents, whether  persons  or  corporations,  the 
laws  take  their  course  against  those  who  oflend 
them.  It  is  the  right  of  every  citizen  to  set  the 
laws  in  motion  against  every  oflender ;  and  it  v. 
the  constitution  of  the  law,  when  set  in  motion, 
to  work  through,  like  a  machine,  regardless  of 


•■?VfS" 


# 


202 


THIRTY  YEARS'  VIEW. 


y  ui 


powers  and  principalities,  and  cutting  down  the 
guilty  which  may  stand  in  its  way.    Not  so  in 
the  case  of  this  bank.     In  its  behalf,  there  are 
barriers  erected  between  the  citizen  and  his  op- 
pressor, between  the  wrong  and  the  remedy,  be- 
tween the  law  and  the  offender.    Instead  of  a 
right  to  sue  out  a. scire  facias  or  a  quo  icar- 
raitto,  the  injured  citizen,  with  an  humble  peti- 
tion in  his  hand,  must  repair  to  the  President 
of  the  United  States,  or  to  Congress,  and  crave 
their  leave  to  do  so.    If  leave  is  denied  (and 
denied    it  will  be  whenever  the  bank  has  a 
peculiar  friend  in  the  President,  or  a  majority 
of  such  friends  in  Congress,  the  convenient  pre- 
text being  always  at  hand  that  the  general  wel- 
fare requires  the  bank  to  be  sustained),  he  can 
proceed  no  further.    The  machinery  of  the  law 
cannot  be  set  in  motion,  and  the  great  offender 
laughs  from  behind  his  barrier  at  the  impotent 
resentment  of  its  helpless  victim.     Thus  the 
bank,  for  the  plainest  violations  of  its  charter, 
and  the  greatest  oppressions  of  the  citizen, 
may  escape  the  pursuit  of  justice.    Thus  the 
administration  of  justice  is  subject  to  be  stran- 
gled in  its  birth  for  the  shelter  and  protection 
of  this  bank.    But  this  is  not  all.    Another  and 
most  alarming  mischief  results  from  the  same 
extraordinary  privilege.     It  gives  the  bank  a 
direct  interest  in  the  presidential  and  congres- 
fiional  elections :  it  gives  it  need  for  friends  in 
Congress  and  in  the  presidential  chair.    Its  fate, 
its  very  existence,  may  often  depend  upon  the 
friendship  of  the  President  and  Congress ;  and, 
in  such  cases,  it  is  not  in  human  nature  to  avoid 
using  the  immense  means  in  the  hands  of  the 
bank  to  influence  the  elections  of  these  officers. 
Take  the  existing  fact — the  case  to  which  I  al- 
luded at  the  commencement  of  this  speech. 
There  is  a  case  made  out  ripe  with  judicial 
evidence,  and  big  with  the  fete  of  the  bank.    It 
is  a  case  of  usury  at  the  rate  of  forty-six  per 
cent.,  in  violation  of  the  charter,  which  only 
admits  an  interest  of  six.    The  facts  were  ad- 
mitted, in  the  court  below,  by  the  bank's  de- 
murrer;  the    law  was  decided,  in  the  court 
above,  by  the  supreme  judges.    The  admission 
concludes  the  facts ;  the  decision  concludes  the 
law.     The  forfeiture  of  the  charter  is  estab- 
lished ;  the  forfeit  ire  is  incurred ;  the  applica- 
tion of  the  forfeiture  alone  is  wanting  to  put  an 
end  to  the  institution.    An  impartial  President 
or  Congress  might  let  the    laws    take  their 
course ;  those  of  a  different  temper  might  inter- 
pose their  veto.    What  a  crisis  for  the  bank ! 
It  beholds  the  sword  of  Damocles  suspended 
over  its  head!    What  an  interest  in  keeping 
those  away  who  might  suffer  the  hair  to  be 
cut! 

"  12.  To  have  all  these  uniust  privileges  secured 
to  the  corporators  as  a  monopoly,  by  a  pledge  of 
the  public  faith  to  charter  no  other  bank. — This 
is  the  most  hideous  feature  in  the  whole  mass  of 
deformity.  If  these  banks  are  beneficial  institu- 
tions, why  not  several  ?  one.  at  least,  and  each 


indejjendcnt  of  the  other,  to  each  great  section  of 
the  Union?  If  malignant,  wlij'  create  one? 
The  restriction  constitutes  the  monopoly,  and 
renders  more  invidious  what  was  sufficiently 
hateful  in  itself.  It  is,  indeed,  a  double  monop- 
oly, legislative  as  well  as  banking ;  for  the  Con- 
gretis  of  181C  monopolized  the  power  to  grant 
these  monopolies.  It  has  tied  up  the  hands  of 
its  successors ;  and  if  this  can  be  done  on  one 
subject,  and  for  twenty  years,  why  not  upon  all 
subjects,  and  for  all  time  ?  Here  is  the  form  of 
words  which  operate  this  double  engro'  sment  of 
our  rights :  '  No  other  bank  shall  be  established 
by  any  future  law  of  Congress,  during  the  con- 
tinuance of  the  coiporation  hereby  enacted,  for 
which  the  faith  of  Congress  is  hereby  pledged ;' 
with  a  proviso  for  the  District  of  Columbia. 
And  that  no  incident  might  be  wanting  to  com- 
plete the  title  of  this  chaiter,  to  the  utter  repro- 
bation of  whig  republicans,  this  compound  mo- 
nopoly, and  the  very  form  of  words  in  which  it 
is  conceived,  is  copied  from  the  charter  of  the 
Bank  of  England ! — not  the  charter  of  AVilliam 
and  Mary,  as  granted  in  1G94  (for  the  Bill  of 
Rights  was  then  fresh  in  the  memories  of  Eng- 
lishmen), but  the  charter  as  amended,  and 
that  for  money,  in  the  memorable  reign  of 
Queen  Anne,  when  a  tory  queen,  a  tory  minis- 
try, and  a  tory  parliament,  and  the  apostle  of 
toryism,  in  the  person  of  .  >r.  Sachevcrell,  with 
his  sermons  of  divine  right,  passive  obedience, 
and  non-resistance,  were  riding  and  ruling  over 
the  prostrate  liberties  of  England !  This  is  the 
precious  period,  and  these  the  noble  authors, 
from  which  the  idea  was  borrowed,  and  the  very 
form  of  words  copied,  which  now  figure  in  the 
charter  of  the  Bank  of  the  United  States,  co-sti- 
tuting  that  double  monopoly,  which  restricts  at 
once  the  powers  of  Congress  and  the  rights  of 
the  citizens. 

"  These,  Mr.  President,  are  the  chief  of  the 
exclusive  privileges  which  constitute  the  monop- 
oly of  the  Bank  of  the  United  States.  I  have 
spoken  of  them,  not  as  they  deserved,  but  as  my 
abilities  have  permitted.  I  have  shown  you  that 
they  are  not  only  evil  in  themselves,  but  copied 
from  an  evil  example.  I  now  wish  to  show  you 
that  the  government  from  which  we  have  made 
this  copy  has  condemned  the  original ;  and,  af- 
ter showing  this  fact,  I  think  I  shall  be  able  to 
appeal,  with  sensible  efiect,  to  all  liberal  minds, 
to  follow  the  enlightened  example  of  Great  Bri- 
tain, in  getting  rid  of  a  dangerous  and  invidious 
institution,  after  having  followed  her  pernicious 
example  in  assuming  it.  For  this  purpose,  I  will 
have  recourse  to  proof,  and  will  read  from  Brit- 
ish state  papers  of  1826.  I  will  read  extracts 
from  the  correspondence  between  Earl  Liver- 
pool, first  Lord  of  the  Treasury,  and  Mr.  Rob- 
inson, Chancellor  of  the  Exchequer,  on  the  one 
side,  and  the  Governor  and  Deputy  Governor 
of  the  Bank  of  England  on  the  other ;  the  sub- 
ject being  the  renewal,  or  rather  non-renewal, 
of  the  charter  of  the  Bank  of  England. 


^ 


ANNO  1831.    ANDREW  JACKSON,  PRESIDENT. 


203 


for 


rnicious 
le,  I  will 
Im  Brit- 
}xtracts 
Liver- 
ir.  Rob- 
ihe  one 
pvernor 
pe  sub- 
Inewal, 


Communications  from  the  Firat  Lord  of  the 
Treasury  and  Chancellor  of  the  Exchequer  to 
the  Governor  and  Deputy  Goternor  of  the 
Bank  of  England. — Extracts. 

" '  The  failures  which  have  occurred  in  Eng- 
land, unaccompanied  as  they  have  been  by  the 
same  occurrences  in  Scotland,  tend  to  prove  that 
there  must  have  been  an  unsolid  and  delusive 
system  of  banking  in  one  part  of  Great  Britain, 
and  a  solid  and  substantial  one  in  the  other.  * 
*  *  *  In  Scotland,  there  are  not  more  than 
thirty  banks  (three  chartered),  and  these  banks 
have  stood  firm  amidst  all  the  convulsions  of  the 
money  market  in  England,  and  amidst  all  the  dis- 
tresses to  which  the  manufacturing  and  agricultu- 
ral interestc  in  Scotland,  as  well  as  in  England, 
have  occasionally  been  subject.  Banks  of  this  de- 
scription must  necessarily  be  conducted  upon  the 
generally  understood  and  approved  principles  of 
banking.  *  *  *  *  The  Bank  of  England 
may,  perhaps,  propose,  as  they  did  upon  a  for- 
mer occasion,  the  extension  of  the  term  of  their 
exclusive  privilege,  as  to  the  metropolis  and  its 
neighborhood,  beyond  the  year  1833,  as  the 
price  of  this  concession  [immediate  surrender  of 
exclusive  privileges].  It  would  be  very  much 
to  be  regretted  that  they  should  require  any 
such  condition.  *  *  *  *  It  is  obvious,  from 
what  passed  before,  that  Parliament  will  never 
agree  to  it.  *  *  *  *  Such  privileges  are 
out  of  fashion ;  and  what  expectation  can  the 
bank,  under  present  circumstances,  entertain 
that  theirs  will  be  renewed?' — Jan.  13. 

Answer  of  the  Court  of  Directors. — Extract. 

" '  Under  the  uncertainty  in  which  the  Court 
of  Directors  find  themselves  with  respect  to  the 
death  of  the  bank,  and  the  eftect  which  they 
may  have  on  the  interests  of  the  bank,  this 
court  cannot  feel  themselves  justified  in  recom- 
mending to  the  proprietors  to  give  up  the  privi- 
lege which  they  now  enjoy,  sanctioned  .i,nd  con- 
firmed as  it  is  by  the  solemn  acts  of  th )  legis- 
lature.'— Jan.  20. 

Second  communication  from  the  Ministers. — 
Extract. 

" '  The  First  Lord  of  the  Treasury  and  Chan- 
cellor of  the  Exchequer  have  considered  the  an- 
swer of  the  bank  of  the  20th  instant.  They 
cannot  but  regret  that  the  Court  of  Directors 
should  have  declined  to  recommend  to  the  Court 
of  Proprietors  the  consideration  of  the  paper  de- 
livered by  the  First  Lord  of  the  Treasury  and  the 
Chancellor  of  the  iixchequer  to  the  Governor 
and  Deputy  Governor  on  the  13th  instant.  The 
statement  contained  in  that  paper  appears  to 
the  First  Lord  of  the  Treasury  and  the  Chan- 
cellor of  the  Exchequer  so  full  and  explicit  on 
all  the  points  to  which  it  related,  that  they 
have  nothing  further  to  add,  although  they 
would  have  been,  and  still  are,  ready  to  answer, 


as  £ir  as  possible,  any  specific  questions  which 
might  be  put,  for  the  purpose  of  removing  the 
uncertainty  in  which  the  court  of  directors  state 
themselves  to  be  with  respect  to  the  details  of 
the  plan  suggested  in  that  paper.' — Jan.  23. 

Second  answer  of  the  Bank. — Extract. 

"  '  The  Committee  of  Treasury  [bank]  having 
taken  into  consideration  the  paper  received  from 
the  First  Lord  of  the  Treasury  and  the  Chan- 
cellor of  the  Exchequer,  dated  January  23d,  and 
finding  that  His  Majesty's  ministtTs  persevere  in 
their  desire  to  propose  to  restrict  immediately 
the  exclusive  privilege  of  the  bank,  as  to  the 
number  of  partners  »ngaged  in  banking  to  a 
certain  distance  from  the  metropolis,  and  also 
continue  to  bo  of  opinion  that  Parliament  would 
not  consent  to  renew  the  privilege  at  the  exi)ira- 
tion  of  the  period  of  their  present  charter; 
finding,  also,  that  the  proposal  by  the  bank  of 
establishing  branch  banks  is  deemed  by  His 
Majesty's  ministers  inadequate  to  the  wants  of 
the  country,  aro  of  opinion  that  it  would  be 
desirable  for  this  corporation  to  propose,  as  a 
basis,  the  act  of  6th  of  George  the  Foin-th,  which 
states,  the  conditions  on  which  the  Bank  of 
Ireland  relinquished  its  exclusive  privileges ;  this 
corporation  waiving  the  question  of  a  prolonga- 
tion of  time,  although  the  committee  [of  the 
bank]  cannot  agree  in  the  opinion  of  the  First 
Lord  of  the  Treasury  and  the  Chancellor  of  the 
Exchequer,  that  they  are  not  making  a  consider- 
able sacrifice,  adverting  especially  to  the  Bank 
of  Ireland  remaining  in  possession  of  that  privi- 
lege five  years  longer  than  the  Bank  of  England.' 
— January  25. 

"  Here,  Mr.  President,  is  the  end  of  all  the 
exclusive  privileges  and  odious  monopoly  of  the 
Bank  of  England.  That  ancient  and  powerful 
institution,  so  long  the  haughty  tyrant  of  the 
moneyed  world — so  long  the  subsidizer  of  kings 
and  ministers — so  long  the  fruitful  mother  o( 
national  debt  and  useless  wars — so  long  the 
prolific  manufactory  of  nabobs  and  paupers — so 
long  the  dread  dictator  of  its  own  terms  to 
parliament — now  droops  the  conquered  wing, 
lowers  its  proud  crest,  and  quails  under  the 
blows  of  its  late  despised  assailants.  It  first 
puts  on  a  courageous  air,  and  takes  a  stand  upon 
privileges  sanctioned  by  time,  and  confirmed  by 
solemn  acts.  Seeing  that  the  ministers  could 
have  no  more  to  say  to  men  who  would  talk  of 
privileges  in  the  nineteenth  century,  and  being 
reminded  that  parliament  was  inexorable,  the 
bully  suddenly  degenerates  into  the  craven,  and, 
from  showing  light,  calls  for  quarter.  The  di- 
rectors condescend  to  beg  for  tlie  smallest  rem- 
nant of  their  former  power,  for  five  years  oidy  ; 
for  the  city  of  London  even ;  and  oHer  to  send 
branches  into  all  quarters.  Denied  at  every 
point,  the  subdued  tyrant  acquiesces  in  his  fate  ; 
announces  his  submission  to  the  spirit  and  intel- 
ligence of  the  age ;  and  quietly  sinks  down  into 


..^ 


204 


TniRlT  YEA  US'  VIEW. 


1 


>   < 


the  humble,  but  safe  and  useful  comlition  of  a 
Scottish  provincial  bank. 

"  And  here  it  is  profitable  to  pause  ;  to  look 
back,  and  see  by  what  means  this  ancient 
an<l  powerful  institution — this  Babylon  of  the 
banking  world — was  so  suddenly  and  so  totally 
prostrated.  Who  did  it?  And  with  what  weap- 
ons-- ?  Sir,  it  was  done  by  that  power  hich  is 
now  regulating  the  affairs  of  the  civilized  world. 
It  was  done  by  the  power  of  public  opinion, 
invoked  by  the  working  members  of  the  British 
parliament.  It  was  done  by  Sir  Henry  Parnell, 
who  led  the  attack  upon  the  Wellini'-ton  minis- 
try, on  the  night  of  the  15th  of  N  ember ;  by 
Sir  William  Pulteney,  Mr.  Grenfcll,  Mr.  Hume, 
Mr.  Edward  Ellice,  and  others,  the  working 
members  of  the  House  of  Commons,  such  as  had, 
a  few  years  before,  overthrown  the  gigantic  op- 
pressions of  the  salt  tax.  These  arc  the  men 
who  have  overthrown  the  Bank  of  England. 
They  began  the  attack  in  1824,  under  the  dis- 
couraging cry  of  too  soon,  too  soon — for  the 
charter  had  then  nine  years  to  run  !  and  ended 
with  showing  that  they  had  began  just  soon 
enough.  They  began  with  the  ministers  in  their 
front,  on  the  side  of  the  bank,  and  ended  with 
having  them  on  their  own  side,  and  making 
them  co-operators  in  the  attack,  and  the  instru- 
ments and  inflicters  of  the  fatal  and  final  blow. 
But  let  us  do  justice  to  these  ministers.  Though 
wrong  in  the  beginning,  they  were  right  in  the 
end  ;  though  monarchists,  they  behaved  like 
republicans.  They  were  not  Polignacs.  They 
yielded  to  the  intelligence  of  the  age ;  they 
yielded  to  the  spirit  which  proscribes  monopolies 
and  privileges,  and  in  their  correspondence  with 
the  bank  directors,  spoke  truth  and  reason  and 
asserted  liberal  principles,  with  a  point  and 
power  which  quickly  put  an  end  to  dangerous 
and  obsolete  pretensions.  They  told  the  bank 
the  mortifying  truths,  that  its  system  was 
unsolid  and  delusive — that  its  privileges  and 
monopoly  were  out  of  fashion — that  they  could 
not  be  prolonged  for  five  years  even — nor  suf- 
fered to  exist  in  London  alone  ;  and,  what  was 
still  more  cutting,  that  the  banks  of  Scotland, 
which  had  no  monopoly,  no  privilege,  no  con- 
nection with  the  government,  which  paid  interest 
on  deposits,  and  whose  stockholders  were  re- 
sponsible to  the  amount  of  their  shares — were 
the  solid  and  substantial  banks,  which  alone  the 
public  interest  could  hereafter  recognize.  They 
did  their  business,  when  they  undertook  it,  like 
true  men ;  and,  in  the  single  phrase,  '  out  of 
fashion^  achieved  the  most  powerful  combina- 
tion of  solid  argument  and  contemptuous  sar- 
casm, that  ever  was  compressed  into  three  words. 
It  is  a  phrase  of  electrical  power  over  the  senses 
and  passions.  It  throws  back  the  mind  to  the 
reigns  of  the  Tudors  and  Stuarts — the  termagant 
Elizabeth  and  the  pedagogue  James — and  rouses 
within  us  all  the  shame  and  rage  we  have  been 
accustomed  to  feel  at  the  view  of  the  scandalous 
sales  of  privileges  and  monopolies  which  were 
the  disgrace  and  oppression  of  these  wretched 


times.  Out  of  fashion  !  Yes ;  even  in  England, 
the  land  of  their  early  birth,  and  late  protection. 
And  shall  thej  remain  in  fashion  here  ?  Shall 
republicanism  continue  to  wear,  in  America,  the 
antique  costume  which  the  doughty  champions 
of  antiquated  fashion  have  been  compelled  to 
doff  in  England  ?  Shall  English  lords  and  Itidies 
continue  to  find,  in  the  Bank  of  the  United 
States,  the  unjust  and  odious  privileges  which 
they  can  no  longer  find  in  the  Bank  of  England  ? 
Shall  the  copy  survive  here,  after  the  original 
has  been  destroyed  there?  Shall  the  young 
whelp  triumph  in  America,  after  the  old  lion 
has  been  throttled  and  strangled  in  England  ? 
No !  never !  The  thing  is  impossible !  The 
Bank  of  the  United  States  dies,  as  the  Bank  of 
England  dies,  in  all  its  odious  points,  upon  the 
limitation  of  its  charter ;  and  the  only  circum- 
stance of  regret  is,  that  the  generous  delivernnre 
is  to  take  effect  two  years  earlier  in  the  British 
monarchy  than  in  the  American  republic.  It 
came  to  us  of  war — it  will  go  away  with  peace. 
It  was  bom  of  the  war  of  1812 — it  will  die  in 
the  long  peace  with  w^hich  the  world  is  blessed. 
The  arguments  on  which  it  was  created  will  no 
longer  apply.  Times  have  changed ;  and  the 
policy  of  the  republic  changes  with  the  times. 
The  war  made  the  bank ;  peace  will  unmake  it. 
The  baleful  planet  of  fire,  and  blood,  and  every 
human  woe,  did  bring  that  pestilence  upon  us ; 
the  benignant  star  of  peace  shall  chase  it  awu}." 

This  speech  was  not  answered.  Confident  in 
its  strength,  and  insolent  in  its  nature,  the  great 
moneyed  power  had  adopted  a  system  in  which 
she  persevered,  until  hard  knocks  drove  her  out 
of  it :  it  was  to  have  an  anti-bank  speech  treated 
with  the  contempt  of  silence  in  the  House,  and 
caricatured  and  belittled  in  the  newspapers ;  and 
according  to  this  system  my  speech  was  treated. 
The  instant  it  was  delivered,  Mr.  Webster  called 
for  the  vote,  and  to  be  taken  by  yeas  and  nays, 
which  was  done ;  and  resulted  differently  from 
what  was  expected — a  strong  vote  against  the 
bank — 20  to  23  ;  enough  to  excite  uneasiness, 
but  not  enough  to  pass  the  resolution  and  le- 
gitimate a  debate  on  the  subject.  The  debate 
stopped  with  the  single  speech  j  but  it  was  a 
speech  to  be  read  by  the  people — the  masses — 
the  millions ;  and  was  conceived  and  delivered 
for  that  purpose ;  and  was  read  by  them ;  and 
has  been  complimented  since,  as  having  crippled 
the  bank,  and  given  it  the  wound  of  which  it 
afterwards  died ;  but  not  within  the  year  and  a 
day  which  would  make  the  slayer  responsible 
for  the  homicide.  The  list  of  yeas  and  nays 
was  also  favorable  to  the  effect  of  the  speech. 
Though  not  a  party  vote,  it  was  sufficiently  so 
to  show  how  it  stood — the  mass  of  the  demoo- 


¥ 


t: 


5t 

iiness, 
id  le- 
cbiite 
>ras  a 
ses — 
vered 
and 
ppled 
llchit 
pd  a 
[sible 
Inays 

80 


ANNO  1831.    ANDREW  JACKSON,  PRESIDENT. 


205 


racy  against  the  bank — the  mass  of  the  anti- 
democrats  against  it.    The  names  were : — 

"  Yeas,  —  Messrs.  Barnard,  Benton.  Bibb, 
Brown,  Dickerson,  Dudley,  Forsyth,  Grundy, 
Haync,  Iredell,  King,  McKinley,  Poindexter, 
Sanford,  Smith  of  S.  C,  Tazewell,  Troup,  Tyler, 
White,  Woodbury— 20. 

"Navs. — Messrs.  Barton,  Bell,  Bumct,  Chase, 
Clayton,  Root,  Frelinghuysen,  Holmes,  Hend- 
ncks,  Johnston,  Knight,  Livingston,  Marks, 
Noble,  Robbins,  Robinson,  Rugglcs,  Seymour, 
Silsbce,  Smith  of  Md.,  Sprague,  Webster,  Willey 
—23." 


CHAPTER    LVII. 

ERROR  OF  DE  TOCQUEVILLE,  IN  RELATION  TO 
THE  HOUSE  OF  REPRESENTATIVES. 

I  HAVE  had  occssion  several  times  to  notice  the 
errors  of  Monsieur  de  Tocqueville,  in  his  work 
upon  American  democracy.  That  work  is  au- 
tliority  in  Europe,  where  it  has  appeared  in 
several  languages ;  and  is  sought  by  some  to  be 
made  authority  here,  where  it  has  been  translated 
into  English,  and  published  with  notes,  and  a 
jjroface  to  recommend  it.  It  was  written  with 
a  view  to  enlighten  European  opinion  in  relation 
to  democratic  government,  and  evidently  with  a 
candid  intent ;  but  abounds  with  errors  to  the 
prejudice  of  that  form  of  government,  which 
must  do  it  great  mischief,  both  at  home  and 
abroad,  if  not  corrected.  A  fundamental  error 
of  this  kind — one  which  goes  to  the  root  of 
representative  government,  occurs  in  chapter  8 
of  his  work,  where  he  finds  a  great  difference  in 
the  members  comprising  the  two  Houses  of 
Congress,  attributing  an  immense  superiority 
to  the  Senate,  and  discovering  the  cause  of  the 
difference  in  the  different  modes  of  electing  the 
members — the  popular  elections  of  the  House, 
and  the  legislative  elections  of  the  Senate.    He 


"  On  entering  the'  House  of  Representatives  at 
Washington,  one  is  struck  with  the  vulgar  de- 
meanor of  that  great  assembly.  The  eye  fre- 
(|ncntly  does  not  <^4scover  a  man  of  celebrity 
within  its  walls.  Its  members  are  almost  all 
ol)s:ci;re  individuals,  whose  names  present  no 
asi-ociations  to  the  mind  ;  they  are  mostly  village 
lawyers,  men  in  trade,  or  even  persons  belonging 
to  tlie  lower  classes  of  society.  In  a  country  in 
which  education  is  very  general,  it  is  said  that 


the  representatives  of  the  people  do  not  always 
know  how  to  write  correctly.    At  a  few  yards' 
distance  from  this  spot  is  the  door  of  the  Senate, 
which  contains   within  a  small  space  a  large 
proportion  of  the  celebrated  men  ii»  America. 
Scarcely  an  individual  is  to  be  found  in  it,  who 
does  not  recall  the  idea  of  an  active  and  illustri- 
ous career.    The  Senate  is  composed  of  eloquent 
advocates,  distinguished  generals,  wise  magis- 
trates, and  statesmen  of  note,  whose  language 
would  at  all  times  do  honor  to  the  most  remark- 
able parliamentary  debates  of  Europe.    What, 
then,  is  the  cause  of  this  strange  contrast  ?  and 
why  are  the  most  able  citizens  to  be  found  in 
one  assembly  rather  than  in  the  other  ?     Why 
is  the  former  body  remarkable  for  its  vulgarity, 
and  its  poverty  of  talent,  wWlst  the  latter  scoms 
to  enjoy  a  monopoly  of  intelligence  and  of  sound 
judgment  ?    Both  of  these  assemblies  emanuie 
from  the  people.    From  what  cause,  then,  does 
so  startling  a  difference  arise  ?    The  only  reason 
which  appears  to  me  adequately  to  account  for 
it  is,  that  the  House  of  Representatives  is  elected 
by  the  populace  directly,  and  that  of  the  Senate 
is  elected  by  an  indirect  application  of  universal 
suffrage ;  but  this  transmission  of  the  popular 
authority  through  an  assembly  of  chosen  men 
operates  an  important  change  in  it,  by  refining 
its  discretion  and  improving  the  forms  which  it 
adopts.    Men  who  are  chosen  in  this  manner, 
accurately  represent  the  majority  of  the  nation 
which  governs  them;  but  they  represent  tho 
elevated  thoughts  which  are  current  in  the  com- 
munity, the  generous  propensities  which  prompt 
its  nobler  actions,  rather  than  the  petty  passions 
which  disturb,  or  the  vices  which  disgrace  it. 
The  time  may  be  already  anticipated  at  which 
the  American  republics  will  be  obliged  to  intro- 
duce the  plan  of  election  by  an  elected  body 
more  frequently  into  their  system  of  represen- 
tation, or  they  will  incur  no  small  risk  of  perish- 
ing miserably  among  the  shoals  of  democracy." 
— Chapters. 

The  whole  tenor  of  these  paragraphs  is  to 
disparage  the  democracy — to  disparage  demo- 
cratic government — to  attack  fundamentally  the 
principle  of  popular  election  itself.  They  dis- 
qualify the  people  for  self-government,  hold 
them  to  be  incapable  of  exercising  the  elective 
franchise,  and  predict  the  dow  nfall  of  our  repub- 
lican system,  if  that  franchise  is  not  stiU  further 
restricted,  and  the  popular  vote — the  vote  of 
the  people — reduced  to  the  subaltern  choice  of 
persons  to  vote  for  them.  These  are  profound 
errors  on  the  part  of  Mons.  de  Tocqueville, 
which  require  to  be  exposed  and  corrected  ;  and 
the  correction  of  which  comes  within  the  scope 
of  this  work,  intended  to  show  the  capacity  of 
the  people  for  self-government,  and  the  advantage 
of  extending — instead  of  restricting — the  privl- 


f 


■¥*■. 


'  'a,  ■■'; 


Mm  u 


5;:  >A:- 


■(' 


.   A  V 


206 


THIRTY  TEARS'  VIEW, 


lege  of  the  direct  vote.  lie  seems  to  look  upon 
the  members  of  the  two  Houses  as  different 
orders  of  bcingn — different  classes — a  higher  and 
a  lower  class ;  the  former  placed  in  the  Senate 
by  the  wisdom  of  State  legislatures,  the  latter 
in  the  House  of  Representatives  by  the  folly  of 
the  people — when  the  (act  is,  that  they  are  not 
only  of  the  same  order  ».nd  class,  but  mainly  the 
same  individuals.  The  Senate  is  almost  entirely 
made  up  out  of  the  House  !  and  it  is  quite  cer- 
tain that  every  senator  whom  Mons.  de  Tocque- 
ville  had  in  his  eye  when  he  bestowe''.  such 
encomium  on  that  body  had  come  from  the 
House  of  Representatives  !  placed  there  by  the 
popular  vote,  and  afterwards  transferred  to  the 
Senate  by  the  legislature ;  not  as  new  men  just 
discovered  by  the  superior  sagacity  of  that  body, 
but  as  public  men  with  national  reputations,  al- 
ready illustrated  by  the  operation  of  popular 
elections.  And  if  Mons.  de  Tocqueville  had 
chanced  to  make  his  visit  some  years  sooner,  he 
would  h..?"  seen  almost  every  one  of  these  sena- 
tors, to  whom  Lis  exclusive  praise  is  directed, 
actually  sitting  in  the  other  House. 

Away,  then,  with  his  fact !  and  with  it,  away 
with  all  his  fanciful  theory  of  wise  elections  by 
small  electoral  colleges,  and  silly  ones  by  the 
people  !  and  away  with  all  his  logical  deductions, 
from  premises  which  have  no  existence,  and 
which  would  have  us  still  further  to  "refine 
popular  discretion,"  by  increasing  and  extending 
the  number  of  electoral  colleges  through  which 
it  is  to  be  filtrated.  Not  only  all  vanishes,  but 
his  jiraise  goes  to  the  other  side,  and  redounds 
to  the  credit  of  popular  elections;  for  almost 
everj-  distinguished  man  in  the  Senate  or  in  any 
other  department  of  the  government,  now  or 
heretofore — from  the  Congress  of  Independence 
down  to  the  present  day — has  owed  his  first 
elevation  and  distinction  to  popular  elections — 
to  the  direct  vote  of  the  people,  given,  without 
the  intervention  of  any  intermediate  body,  to  the 
visible  object  of  their  choice ;  and  it  is  the  same 
in  other  countries,  now  and  always.  The  Eng- 
lish, the  Scotch  and  the  Irish  have  no  electoral 
colleges ;  they  vote  direct,  and  are  never  without 
their  ablest  men  in  the  House  of  Commons. 
The  Romans  voted  direct ;  and  for  five  hundred 
years — until  fair  elections  wore  detsroyed  by 
force  and  fraud — never  failed  to  elect  consuls  and 
praetors,  who  carried  the  glory  of  their  country 
beyond  the  point  at  which  they  bad  found  it. 


The  American  people  know  this — know  that 
popular  election  has  given  them  every  eminent 
public  man  that  they  have  ever  had — that  it  is 
the  safest  and  wisest  mode  of  political  election- 
most  free  from  intrigue  and  corruption ;  and  in- 
stead of  further  restricting  that  mode,  and  re- 
ducing the  masses  to  mere  electors  of  electors, 
they  are,  in  fact,  extending  it,  and  altering  con- 
stitutions to  carry  elections  to  the  people,  which 
were  formerly  given  to  the  general  assemblies. 
Many  States  furnish  examples  of  this.  Even 
the  constitution  of  the  United  States  has  been 
overruled  by  universal  public  sentiment  in  the 
greatest  of  its  elections — that  of  President  and 
Vice-President.  The  electoral  college  by  that 
instrument,  both  its  words  and  intent,  was  to 
have  been  an  indencndent  body,  exercising  its  own 
discretion  in  the  choice  of  these  high  officers. 
On  the  contrary,  it  has  been  reduced  to  a  mere 
formality  for  the  registration  of  the  votes  which 
the  people  prepare  and  exact.  The  speculations 
of  Monsieur  de  Tocqueville  are,  therefore,  ground- 
less ;  and  must  be  hurtful  to  representative  gov- 
ernment in  Europe,  where  .he  facts  are  un- 
known ;  and  may  be  injurious  among  ourselves, 
where  his  book  is  translated  into  English,  with 
a  preface  and  notes  to  recommend  it. 

Admitting  that  there  might  be  a  difference 
between  the  appearance  of  the  two  Houses,  and 
between  their  talent,  at  the  time  that  Mons.  do 
Tocqueville  looked  in  upon  them,  yet  that  dif- 
ference, so  far  as  it  might  then  have  existed, 
was  accidental  and  temporary,  and  has  already 
vanished.  And  so  far  as  it  may  have  appeared, 
or  may  appear  in  other  times,  the  difference  in 
favor  of  the  Senate  may  be  found  in  causes  very 
difforent  from  those  of  more  or  less  judgment 
and  virtue  in  the  constituencies  which  elect  the 
two  HouKcs.  The  Senate  is  a  smaller  body,  and 
therefore  may  be  more  decorous ;  it  is  composed 
of  older  men,  and  therefore  should  be  graver , 
its  members  have  usually  served  in  the  highest 
branches  of  the  State  governments,  and  in  the 
House  of  Representatives,  and  therefere  should 
be  more  experienced ;  its  terms  of  service  are 
longer,  and  therefore  give  more  time  for  talent 
to  mature,  and  for  the  measures  to  be  carried 
which  confer  fame.  Finally,  the  Senate  is  in 
great  part  composed  of  the  pick  of  the  House, 
and  therefore  gains  double — by  brilliant  acces- 
sion to  itself  and  abstraction  from  the  other. 
These  are  causes  enough  to  account  for  any  oo> 


fc  ■ 


•f 


ANNO  1831.    ANDREW  JACKSON,  PRESIDENT. 


207 


«• 


casional,  or  general  differenco  which  may  show 
itself  in  the  decorum  or  ability  of  the  two 
Houses.  But  there  is  another  cause,  which  is 
found  in  the  practice  of  some  of  the  States — the 
caucus  system  and  rotation  in  office — which 
brings  in  men  unknown  to  the  people,  and  turns 
them  out  as  they  begin  to  be  useful ;  to  be  suc- 
ceeded by  other  new  beginners,  who  are  in  turn 
turned  out  to  make  room  for  more  new  ones ; 
all  by  virtue  of  arrangements  wliich  look  to  in- 
dividual interests,  and  not  to  the  public  good. 

The  injury  of  these  changes  to  the  business 
qualities  of  the  IlouiSe  and  the  interests  of  the 
State,  is  readily  conceirable,  and  very  visible  in 
the  delegations  of  States  where  they  do,  or  do 
not  prevail — in  some  Sorthern  and  some  Nouth- 
ern  States,  for  example.  To  name  them  might 
seem  invidious,  and  is  not  necessary,  the  state- 
ment of  the  general  fact  being  sufficient  to  indi- 
cate an  evil  which  requires  correction.  Short 
terms  of  service  are  good  on  account  of  their  rc- 
Bgonsibility,  and  two  years  is  a  good  legal  term; 
but  every  contrivance  is  vicious,  and  also  incon- 
sistent with  the  re-eligibility  permitted  by  the 
constitution,  which  prevents  the  people  from 
continuing  a  member  as  long  as  they  deem  him 
useful  to  them.  Statesmen  are  not  improvised 
in  any  country ;  and  in  our  own,  as  well  as  in 
Great  Britain,  great  political  reputations  have 
only  been  acquired  after  long  service — 20, 30, 40, 
and  even  50  years ;  and  great  measures  have 
only  been  carried  by  an  equal  number  of  years 
of  persevering  exertion  by  the  same  man  who 
commenced  them.  Earl  Grey  and  Major  Cart- 
wright — I  take  the  aristocratic  and  the  demo- 
cratic leaders  of  the  movement — only  carried 
British  parliamentry  reform  after  forty  years 
of  annual  consecutive  exertion.  They  organized 
the  Society  for  Parliamentry  Reform  in  1792, 
and  carried  the  reform  in  1832 — disfranchising 
56  burgs,  half  disfranchising  31  others,  enfran- 
chising 41  new  towns ;  and  doubling  the  number 
of  voters  by  extending  the  privilege  to  £10 
householders — extorting,  perhaps,  the  greatest 
concession  from  power  and  corruption  to  popular 
right  that  was  ever  obtained  by  civil  and  legal 
means.  Yet  this  was  only  done  upon  forty 
years'  continued  annual  exertions.  Two  men 
did  it,  but  it  took  them  forty  years. 

The  same  may  be  said  of  other  great  British 
measures — Catholic  emancipation,  corn  law  re- 
peal, abolition  of  the  slave  trade,  and  many 


others ;  each  requiring  a  lifetime  of  continued 
exertion  from  devoted  men.  Short  service,  and 
not  popular  election,  is  the  evil  of  the  House  of 
Representatives ;  and  this  becomes  more  appar- 
ent by  contrast — contrast  between  the  North 
and  the  South — the  caucus,  or  rotary  system, 
not  prevailing  in  the  South,  and  useful  members 
being  usually  continued  from  that  quarter  as 
long  as  useful ;  and  thus  with  fewer  members, 
usually  showing  a  greater  number  of  men  who 
have  attained  a  distinction.  Monsieur  de  Tocque- 
ville  is  profoundly  wrong,  and  does  great  injury 
to  democratic  government,  as  his  theory  coun- 
tenances the  monarchial  idea  of  the  incapacity 
of  the  people  for  eelf-govemment.  They  are 
with  us  the  best  and  safest  depositories  of  the 
political  elective  power.  They  have  not  only 
furnished  to  the  Senate  its  ablest  members 
through  the  House  of  Representatives,  but  have 
sometimes  repaired  the  injustice  of  State  legis- 
latures, which  repulsed  or  discarded  some  emi- 
nent men.  The  late  Mr.  John  Quincy  Adams, 
after  forty  years  of  illustrious  service — after  hav- 
ing been  minister  to  half  the  great  courts  of  Eu- 
rope, a  senator  in  Congress,  Secretary  of  State, 
and  President  of  the  United  States — in  the  full 
possession  of  all  his  great  faculties,  was  refused 
an  election  by  the  Massachusetts  legislature  to 
the  United  States  Senate,  where  he  had  served 
thirty  years  before.  Refused  by  the  legislar 
ture,  he  was  taken  up  by  the  people,  sent  to  tho 
House  of  Representatives,  and  served  there  to 
octogenarian  age — attentive,  vigilant  and  capa- 
ble— an  example  to  all,  and  a  match  for  half  the 
House  to  the  last.  The  brilliant,  incorruptible, 
sagacious  Randolph — friend  of  the  people,  of  tho 
constitution,  of  economy  and  hard  money — 
scourge  and  foe  to  all  corruption,  plunder  and 
jobbing — had  nearly  the  same  fate;  dropped 
from  the  Senate  by  the  Virginia  general  assem- 
bly, restored  to  the  House  of  Representatives 
by  the  people  of  his  district,  to  remain  there  till, 
following  the  example  of  his  friend,  the  wise 
Macon,  he  voluntarily  withdrew.  I  name  no 
more,  confining  myself  to  instances  of  the  illus- 
trious dead. 

I  have  been  the  more  particular  tj  correct 
this  error  of  De  Tocqueville,  because,  while  dis- 
paraging democratic  government  generally,  it 
especially  disparages  that  branch  of  our  govern- 
ment which  was  intended  to  be  the  controlling 
part.     Two  clauses  of  the  constitution— one 


..■J'  *. 


208 


THIRTY  YEARS'  VIEW. 


11 


Mm 

1 :.,  1 4i 

■  1     Jiiit        ■:■■■'■    ! 


vesting  the  House  of  Representatives  with  the 
sole  power  of  originating  revenue  bills,  the  other 
with  the  sole  power  of  impeachment — sufficient- 
ly attest  the  liigh  function  to  which  that  House 
was  appointed.  They  are  both  borrowed  from 
the  British  constitution,  where  their  effect  has 
been  seen  in  controlling  the  course  of  the  whole 
government,  and  bringing  great  criminals  to  the 
bar.  No  sovereign,  no  ministry  holds  out  an 
hour  against  the  decision  of  the  House  of  Com- 
mons. Though  an  imperfect  representation  of 
the  people,  even  with  the  great  ameliorations  of 
the  reform  act  of  1832,  it  is  at  once  the  demo- 
cratic branch,  and  the  master-branch  of  the 
British  government.  "Wellington  administra- 
tions have  to  retire  before  it.  Bengal  Gover- 
nor8-(Jener;J  have  to  appear  as  criminals  at  its 
bar.  It  is  the  theatre  which  attracts  the  talent, 
the  patriotism,  the  high  spirit,  and  the  lofty  am- 
bition of  the  British  empire ;  and  the  people  look 
to  it  as  the  master-power  in  the  working  of  the 
government,  and  the  one  in  which  their  will  has 
weight.  No  rising  man,  with  ability  to  acquire 
a  national  reputation,  will  quit  it  for  a  peerage 
and  a  seat  in  the  House  of  Lords.  Our  House 
of  Representatives,  with  its  two  commanding 
prerogatives  and  a  perfect  representation,  should 
not  fall  below  the  British  House  of  Commons 
in  the  fulfilment  of  its  mission.  It  should  not 
become  second  to  the  Senate,  and  in  the  begin- 
ning it  did  not.  For  the  first  thirty  years  it 
was  the  controlling  branch  of  the  government, 
and  the  one  on  whose  action  the  public  eye  was 
fixed.  Since  then  the  Senate  has  been  taking 
the  first  place,  and  people  have  looked  less  to 
the  House.  This  is  an  injury  above  what  con- 
cerns the  House  itself.  It  is  an  injury  to  our 
institutions,  and  to  the  people.  The  high  func- 
tions of  the  House  were  given  to  it  for  wise  pur- 
poses— for  paramount  national  objects.  It  is 
the  immediate  representation  of  the  people,  and 
should  command  their  confidence  and  their 
hopes.  As  the  sole  originator  of  tax  bills,  it  is 
the  sole  dispenser  of  burthens  on  the  people, 
and  of  supplies  to  the  government.  As  sole  au- 
thors of  impeachment,  it  is  the  grand  inquest  of 
the  nation,  and  has  supervision  over  all  official 
delinquencies.  Duty  to  itself,  to  its  high  func- 
tions, to  the  people,  to  the  constitution,  and  to 
the  character  of  democratic  government,  require 
it  to  resume  and  maintain  its  controlling  place 
•&  the  machinery  and  working  of  our  federal 


government :  and  that  is  what  it  has  commenc- 
ed doing  in  the  last  two  or  three  sessions — and 
with  happy  results  to  the  economy  of  the  pub- 
lic service — and  in  preventing  an  increase  of  the 
evils  of  our  diplomatic  representation  abroad. 


CHAPTER    LVIII. 

THE  TWENTY-SECOND  CONGRESS. 

This  body  commenced  its  first  session  the 
5th  of  December,  1831,  and  terminated  that  ses- 
sion July  17th,  1832 ;  and  for  this  session  alone 
belongs  to  the  most  memorable  in  the  annals  of 
our  government.  It  was  the  one  at  which  the 
great  contest  for  the  renewal  of  the  charter  of 
the  Bank  of  the  United  States  was  brought  on, 
and  decided — enough  of  itself  to  entitle  it  to  last- 
ing remembrance,  though  replete  with  other  im- 
portant measures.  It  embraced,  in  the  list  of 
members  of  the  two  Houses,  much  shining  talent, 
and  a  great  mass  of  useful  ability,  and  among 
their  names  will  be  found  many,  then  most  emi- 
nent in  the  Union,  and  others  I'-stined  to  be- 
come so.    The  following  are  the  names : 

SENATE. 

Maine — John  Holmes,  Peleg  Sprague. 

New  Hami'shirk — Samuel  Bell,  Is^aac  Hill. 

Massachusetts — Daniel  Webster,  Nathaniel 
Silsbee. 

Rhode  Island — Nehemiah  E.  Knight,  Asher 
Robbins. 

Connecticut — Samuel  A.  Foot,  Gideon  Tom- 
linson. 

Vermont — Horatio  Seymour,  Samuel  Pren- 
tiss. 

New-Yoek — Charles  E.  Dudley,  Wm.  Marcy. 

New  Jersey — M.  Dickerson,  Theodore  Fre- 
linghuysen. 

Pennsylvania — Geo.  M.  Dallas,  Wm.  Wil- 
kins. 

D  ^L aware— Jolm  M.  Clayton,  Arnold  Nau- 
daii 

Maryland — E.  F.  Chambers,  Samuel  Smith, 

Virginia— Littleton  W.  Tazewell,  John  Ty- 
ler. 

North  Carolina— B.  Brown,  W.  P.  Man- 
gum. 

South  Carolina — Robert  Y.  Hayne,  S.  D. 
Miller. 

Georgia— George  M.  Troup,  John  Forsyth. 

Kentucky- George  M.  Bibb,  Henry  Clay. 

Tennessee— Felix  Grundy,  Hugh  L.  White. 

Ohio — Benjamm  Ruggles,  Thomas  Ewing. 


ANNO  1831.    ANDREW  JACKSON,  PRESIDENT. 


209 


?  commenc- 
*sions — and 
of  the  pub- 
redse  of  the 
D  abroad. 


Louisiana— J.  S.  Johnston,  Geo.  A.  Wagga- 


I. 

ItESS. 

session   the 
ted  that  ees- 
iession  alone 
he  annals  of 
t  which  the 
J  charter  of 
brought  on, 
itle  it  to  last- 
ith  other  ini- 
n  the  list  of 
[lining  talent, 
,  and  among 
en  most  emi- 
stined  to  be- 
jnes: 


•ague, 
il^aac  Hill. 
[r,  Nathaniel 

night,  Asher 

Jideon  Toni- 

[imucl  Pcen- 

i^m.  Marcy. 
leodore  Fre- 

I,  wm.  wa- 

Lmold  Nau- 

jiucl  Smith, 
p,  John  Ty- 

P.  Man- 

layne,  S.  D. 

I  Forsyth. 
Iry  Clay. 
,  I,.  White. 
I  Ewing. 


man. 

Indiana — William  Hendricks,  Robert  Hanna. 

Mississippi — Powhatan  Ellis,  Geo.  Poindex- 
ter. 

Illinois — Elias  K.  Kane,  John  M.  Robinson. 

Alabama — William  R.  King,  Gabriel  Moore. 

Missouri — Thomas  H.  Benton,  Alex.  Buck- 
ner. 

HOUSE   OF  REPEESENTATIVES. 

From  Maine — John  Anderson,  James  Bates, 
George  Evans,  Cornelius  Holland,  Leonard  Jar- 
vis,  Edward  Kavanagh,  Rufus  Mclntirc. 

New  Hampshire — John  Brodhead,  Thomas 
Chandler,  Joseph  Hammons,  Henry  Hubbard, 
Joseph  M.  Harper,  John  W.  Weeks. 

Massachusetts — John  Quincy  Adams,  Na- 
than Appleton,  Isaac  C.  Bates,  George  N.  Briggs, 
Rufus  Choate,  Henry  A.  S.  Dearborn,  John 
Davis,  Edward  Everett,  George  Grenncll,  inn., 
James  L.  Hodges,  Joseph  G.  Kendall,  John 
Reed.    {One  vacancy.) 

Rhode  Island — Tristam  Burgess,  Dutee  J. 
Pearce. 

Connecticut — Noyes  Barber,  William  W. 
Ellsworth,  Jabcz  W.  Huntington,  Ralph  I.  In- 
gersoll,  William  L.  Storrs,  Ebenezer  Young. 

Vermont — Heman  Allen,  William  Cahoon, 
Horace  Everett,  Jonathan  Hunt,  William  Slade. 

New  York — William  G.  Angel,  Gideon  II. 
Barstow,  .Joseph  Bouck,  William  Babcock,  John 
T.  Bergen,  John  C.  Brodhea  i,  Samuel  Beards- 
ley,  John  A.  Collier,  Bates  Cooke,  C.  C.  Cam- 
brelcng,  John  Dickson,  Charles.  Dayan,  Ulysses 
F.  Doubleday,  William  Hogan.  Michael  Hoff- 
man, Freeborn  G.  Jewett,  John  King,  Gerrit  Y. 
Lansing,  James  Lent,  Job  Picrson,  Nathaniel 
Pitcher,  Edmund  H.  Pendleton,  Edward  C.  Reed, 
Erastus  Root,  Nathan  Soule,  John  W.  Taylor, 
Phineas  L.  Tracy,  Gulian  C.  Verplanck,  Frede- 
ric Whittlesey,  iSamuel  J.  Wilkin,  Grattan  II. 
Wheeler,  Campbell  P  White,  Aaron  Ward,  Dan- 
iel Wardwell. 

New  Jersey — Lewis  Condict,  Silas  Condict, 
Richard  M.  Cooper,  Thomas  II.  Hughes,  James 
Fitz  Randolph,  Isaac  Southard. 

Pennsylvania — Robert  Allison,  John  Banks, 
George  Burd,  John  C.  Bucher,  Thomas  H. 
Crawford,  Richard  Coulter,  Harmar  Denny, 
Lewis  Dewart,  Joshua  Evans,  James  Ford, 
John  Gilmore,  William  Heister,  Henry  Horn, 
Peter  Ihrie,  jun.,  Adam  King,  Henry  King,  Joel 
K.  Mann,  Robert  McCoy,  Henry  A.  Muhlen- 
berg, T.  M.  McKennan,  David  Potts,  jun.,  An- 
drew Stewart,  Samuel  A.  Smith,  Philander  Ste- 
phens, Joel  B.  Sutherland.  .lohn  G.  Watmough. 

Delaware — .John  J.  Milligan. 

Maryland — Benjamin  C.  Howard,  Daniel 
Jenifer,  John  L.  Kerr,  George  E.  Mitchell, 
Benedict  I.  Semmes.  John  S.  Spence,  Francis 
ThomaSj  George  C.  Washington,  J.  T.  II.  Wor- 
thington. 

Virginia — Mark  Alexander,  Robert  Allen, 
William  S.  Archer,  William  Armstrong.  John 

Vol.  I.— 14 


S.  Barbour,  Thomas  T.  Bouldin,  Nathaniel  H. 
Claiborne,  Robert  Craig,  Joseph  W.  Chinn, 
Richard  Coke,  jun.,  Thomas  Davenport,  Piiilip 
^odd.  dge,  Wm.  F.  Gord  n,  Charles  C.  John- 
ston, John  Y.  Mason,  Lewis  Maxwell,  Charles 
F.  Mercer,  William  McCoy,  Thomas  Newton, 
John  M.  Patton,  John  J.  Roane,  Andrew  Ste- 
venson. 

North  Carolina — Dan'l  L.  Barringer,  Laugh- 
lin  Bethune,  John  Branch,  Samuel  P.  Carson, 
Henry  W.  Conner,  Thomas  II.  Hall,  Micajah  T. 
Hawkins,  Jair.es  J.  McKay,  Abraham  Rencher, 
William  B.  Shepard,  Augustine  H.  Shepperd, 
Jesse  Speight,  Lewis  Williamp. 

South  Carolina — Robert  W.  Barnwell,  Jas. 
Blair,  Warren  R.  Davis,  William  Dray  ton,  John 
M.  Felder,  J.  R.  GrifiBii,  Thomas  R.  Mitchell, 
George  McDuffle,  Wm.  T.  Nuckolls. 

Georgia — Thomas  F.  Foster,  Henry  G.  La- 
mar, Daniel  Newnan,  Wiley  Thompson,  Richard 
II.  Wilde,  James  M.  Wayne.    (  One  vacancy.) 

Kentucky — John  Adair,  Chilton  Allan,  Hen- 
ry Daniel,  Nathtn  Gaither,  Albert  G.  Ilawes, 
R.  M.  Johnson,  J  iseph  Lecompte,  Chittenden 
Lyon,  Robert  P.  Letcher,  Thomas  A.  Mar- 
shall, Christopher  Touipkino,  Charles  A.  Wick- 
liffe. 

Tennessee — Thomas  D.  Arnold,  John  Bell, 
John  Blair,  William  Fitzgerald,  William  Hall, 
Jacob  C.  Isacks,  Cave  Johnson,  James  K.  Polk, 
James  Standifer. 

Ohio — Joseph  II.  Crane,  Elcutheros  Cooke 
William  Creighton,  jun.,  Thomas  Corwin,  Jamei 
Findlay,  William  W.  Irwin,  William  pennon, 
Humphrey  H.  Leavitt,  William  Russel,  William 
Stanberry,  John  Thomson,  Joseph  Vance,  u<un- 
uel  F.  Vinton,  Elisha  Whittlesey. 

Louisiana — II.  A.  Bullard,  Philemon  Thom- 
as, Edward  D.  White. 

Indiana — RatlifF  Boon,  John  Carr,  Jonathan 
McCarty. 

Mississippi — Franklin  E.  Plummer. 

Illinois — Joseph  Duncan. 

Alabama — Clement  C.  Clay,  Dixon  H.  Lewis, 
Samuel  W.  Mardis. 

Missouri — William  H.  Ashley. 

DELEGATES. 

Michigan — Austin  E.  Wing. 
Arkansas — Ambrose  H.  Sevier. 
Florida — Joseph  M.  White. 

Andrew  Stevenson,  Esq.,  of  Virginia,  was  re- 
elected speaker;  and  both  branches  of  the  body 
being  democratic,  they  were  organized,  in  at 
party  sense,  as  favorable  to  the  administration, 
although  the  most  essential  of  the  committees, 
when  the  Bank  question  unexpectedly  sprung 
up,  were  found  to  be  on  the  side  of  that  institu- 
tion. In  his  message  to  the  two  Houses,  the; 
President  presented  a  condensed  and  general' 
view  of  our  relations,  political  and  commercial,, 


•210 


TIMIM'V   YKMIM'  Vli;\V. 


I 


'J 
i 


4 


\\\\h   riin'i(ii\   nMtic'ii'),  (Vom   \vl\ii'li   llic  li'nili!*^ 
Unwimi"  nw  \w\v  hIm-h  : 

<i>  (l«n(   1*1   HM   iiiili'i'i'inlcnt   iiu(ion,  imimm   imiiiH  ' 
WiMt' t'cMiml  ni'i'C'i'-ni  \   (o  )>(•   vcltliil  ln')\M  I'n  it»< 
nnd  Ok'iH  HvKtuti.      Atnonn  Otim   « n*  (lii>  il.'   ! 
»\>!»iintii<n  ori<i>iini|,'»iiiw,  iiiil  ili'-.,Mili('i|  Willi  siil'  | 
llfii-nl  urn'i'-ii'n  ii\  Ww  ticntv  ol' pi'tdi'.     StMncnl' 
till'  lines  tlmt  ili\iili'  (h('Mi\iis  mul  (i'ni(iui«"i  nl' 
tl\«<  Initcil  Strtd'rt  l>i>i\<  (1(1'    Uriti'-h    |iMnii\i'i«, 
\\n\>'    Wtu    .lillni(i\ol\    (Ivnl.     'I'luit.    Imwi'M'i, 
wl\i<'I\  ^^'|'.•^V!^tl'^  (i«  Oinn  tlx'  i)V(>\ii\irs  oC  <'nnn 
(1:«  n\(.l  \i\\    n>\\ii'-\MiK    (ii  (lu'    NoMli   »ni|  (111' 
K;i'-(,  \\;i'<   s(ill    in    ilw)iii(i'    w  lii'ii   I   riinii'    inio 
odii'i'       l<ii(  1  ('■Miiiil    !ivi';iii!!i'nii'ii('<  ni:i'li'  (ill  i(') 
si'((li'nii'n(.  oxi'i    wliii'li  I  liiiil   lui  rondnl.     T'lo 
iMnniii^'<iiini'is  wlio  linil  liocn  n)iiiiiiii(('il  nnili'v 
the  |iiM\isiiins  ol'  (lio  (ii-iKy  ol'  (ilii'n(.  liiniiuv 
litvti  nniiMo  (o  n<iii'i',  n   i'iMi\i'ii(iiin  xmi'j   niMilo 
wi(l»  (>vi';i(  Hvi(;iiiili\  iii\  iiiniii'ili.'id'  iivi'ili'r<".Mn 
in  o11^l^>.  «iili  (111'    iiilxii'i'    mill    r<iii'^i'ii(    I'f  {\w 
Sound'.  li\   \\liiili  i(  \\  IS  ivon'i'il  '(li.'i(  (111'   )ioiii(>^ 
oCilidi'ii'iiii' « liii'ti  Imxi'  ini^i'ii  in  (lio  sit(linii'n( 
(>(' (III' lioiinil.'ii  \  liiii' di"(\\ri'n  (Iii'  Ann'ii.nn  nml 
Urilish  tlinniiitiins.  ns  ilosi'vilvil  in  (In'  (ililli  .ii(i 
olo  of  (lio  <\>'nlv  txl"  «<lit'n(,  slmll  W  ii'(i'rn''l.  ns 
Ibi'iH'in   )ini\  iilril,  (o  somo  iVii'iiilIx   '-I'Xi'n'iiii  or 
S(n(i\\\Ii.i  '•li.'ill   do  iiuid'il  di   in\i"-(i.vn(,>.  .mil 
iivvVvi'  ;\  (liNi^ion  ni'iin   suih  )iiiiii(^  oC  didoniii  o  :' 
mill  (111'  KiU'-.  o(' ilii'  Ni'dii'iiiiiil'i  h.i\  in;.;.  1\>   t'l'' 
ln(o  ri\'^iiIoii(   nii.l  liis  llritaniiii'  Nlnii".(_v.  di't'ii 
(K'sicnndNl  n--  siirli  (Vionillv  sinovoiijn,  i(  lici'miii' 
m_v  iln(>  (i>  r.in\.  \\i(li  pioil   (';ii(li,   (Iio  .'Vsiiw 
,.iont,  ^o  m.i  lo.  in(o  Cull  o(V<'i'(.     To  (Iiis  ciiil  1 
o.^IlmiI  nil  (1      iiir.  -nvos  ^^^  W  (nKon  wliirh  won' 
ni>'i"^^nv\   (0  n  (nil  o\]'>osi(ion  oC  our  onso  (o  (ho 
sovoivii;n    nrMlor;  niiil  nominndsl    n'<   niiiiis(or 
jiIonii^Mon(inr_\    (o   bis    «Mnr(,   a    ilisiinuni'-lioil 
oi(i7on  o("(ho  S(nto  nios(  in(oivs(oil  in  tlio  iinos 
liiin.  nuil  >\ho  1inil  lv>on  ono  of  (ho  npvnts  ]iiv\i 


P  "»  » 


onslv  on^;^1.1y^N^  tor  so((1in!:'  (ho  ooii(n^>orv\ .  0\\ 
lho"lO(h  il.iv  of  .Innnnvv  1n^(.  His  M.ijoMy  (ho 
Kiusi'  of  (ho  Notliorlnnils  dc^lnoriNl  (o  (^v'  )'loni- 
]Mtoii1i;\vio>-  of  iho  rni(oil  ."^l.'id's.  ami  o\'  (iront 
Hri(«in.  his  wrillon  o]iinion  on  (ho  t'a^o  ivforroil 
to  him.  Tho  i\n]XM>  in  vol.i(ion  (o  (ho  snhj(\'( 
will  Iv  oiinmnniio.'UiNl,  hy  a  s]x>'ial  luoss.ipv.  (o 
tho  pro]vr  iM-nnoh  of  tho  giivornniont.  Mi(h  (ho 
pi^rfivt  oon(';.1omv  that  i(s  wisilom  will  flilo]*( 
Fiioh  moasinvs  ns  will  sooniv  an  ;miio;iMo  sotllo- 
mont  of  (ho  ocintvovorsy.  withon(  in(Vins:in!;'  any 
of>ns(i(niional  right  of  tho  S(a(os  inniu\liatoly 
intowi'tod. 

"In  my  mossaco  at  tho  ojvninjr  of  tho  Inst 
session  of  OoncToss,  1  oxjirossoil  a  oontiilont  lio].o 
that  tho  jnslioo  of  our  olaims  n]->,in  Vr.inoo.  nravil 
a.«  thoy  woro  with  ]iirsovoranoo  and  sipml  nhility 
by  our  mini^ior  ihoro.  would  tina^''-  Iv  aoknowl- 
Ovic^vi  This  liojv  lias  boon  roaliziNl.  A  iroaty 
ha^  Kvn  si;:ni'd.  whioli  will  imiiu'sliatoly  Iv 
laid  Ix-loro  tho  Sonato  for  it>  approbation  ;  and 
which,  oor.taininc  stipnlitions  that  roqniro  lojris- 
lativo  «ors.  must  have  tho  ooncnrroiioo  of  Ivth 
Houses  Kloro  it  oati  Iv  CAmcd  into  effect. 


"Slii'iilil  (his  trnily  ii'iriic  tlii'  |iii>|M'r  «niH»- 
(imi,  n  Ntiiiii'i'  of  iiriliilioM  will  do  nIo|i|m'i|.  (Imt 
lins,  (in  so  ninny  »ohih,  in  sniiic  ilonioc  tilloMH(i<i| 
('iiiiii  onoli  iilliri  (wii  nn(iiins  hIhi,  (Vimm  Inlot-oHt 
nt  Will  MS  (III' Mini'indiiiin'o  It!  i'Mrl\  iissooiiidnnM, 
iiii"li(  (ii  I'lioiisli  (III'  niiis(  (iii'iidly  irliiliiiim  mm 
riii'niini'i.i'iiiiiH  will  do  )ii\in  (iii-  pi'isi'Mi'iinrc  in 

(do  doliinilds  I'l  jlistii'i',  dy  (his  ||i'\«  |i|iiiir,  (llll(. 
i('-loililil\  pniHiii  i|,  (lli'V  \\  ill  do  li'^d'linldi  linil 
iiilniiiniliiui  will  do  niroroii  In  IIioro  pnwors, 
if  iiitv.  «liioli  limy  l>o  iiiolinoil  di  cxiiilo  (lioin, 
lli!i(  Idov  w  ill  iii'\of  do  nlinndniioil.  Adino  nil, 
n  jiisi  oonlliloiii'o  will  do  nis|iiroil  in  oiii  li'llnw- 
oiliyriis,  (lin(  (lioii  fMi\oniliii'ii(  \\ill  ovoit  nil  (lio 
|iiiwi'i's  wild  wliioli  (lii'\  lin\o  iinosd'il  i(,  in 
.ii|ii'iii(  iif  (lirii  jiis(  oiniiiis  ii|iiin  (iiioif'.n  nnlimiH ; 
n(  (lio  '■nnio  (iiiio  (lin(  llio  IVniiK  nokimwli'iln- 
iiioiil  nml  provisinn  fur  (ho  piiynioiil  of  (Inwo 
wliii'h  wi'io  adilii's^oil  (ii  mil' oijiiKy,  nl(liiiii)>li 
iinsiippoi  (id  dy  lopal  pnmC,  nlliitds  n  ptnodoal 
ildi -ii;i(ion  of  our  sndnii-sinn  In  lliol'iniio  nilo 
of  iloiii!',  to  olliofs  wlin(  wo  ilosiro  (hoy  slimilil 
do  niilo  lis. 

'*'\\iiloii  mid  OoninnrK  lin\inj;  nindi' oiiiniion 
sniion  for  (do  iirof;iilm i(ios  ■'oiiiniiiloil  dy  (lioir 
vossols,  or  in  (lioir  purls,  (o  (ho  poiliol  snlisfno- 
(ion  of  (ho  pnrlios  oiinooriiod,  iiiul  lin\iiin  ii'- 
nowod  (ho  (i-i'alios  of  ooniiiioroo  onlorod  ind> 
wild  (drill,  our  poiiiionl  mid  oiininioroitil  roln 
(ioiiswiih  iho-o  powors  oonliiiuo  (o  do  on  (ho 
niO'-(  fiiondlv  (iiodn;'.. 

"  Wild  Spnin,  our  dillori'ni'os  up  (o  (ho  '2'2i\  of 
I'odrnnry.  ISl'.',  woro  m'((1oiI   d\   (ho  (i\'nly  of 
Wnshinjilon  of  that  dale;  did,  n(  n  Midsripionl 
)ioriod,  our  ooinnioroo  willi  (ho  N(n(os  fniiiiorly 
oolonio-  of  ,'<pniii.  on  (ho  oon(inon(  of  .Vnioiioa, 
was  :iniio\od  niid  fioipionlly  inlonnpd'd  by  lio\- 
lindlio  mid  pii\;i(o  nrinod  ships.     Thoy  oapdiroil 
ninny  of  our  xos'^ols   prosooiHiiifr  »  lawful  coin- 
moix'o.  and  sold  (lioin  and  (hoir  onrpios  ;  and  nl 
ono  (imo,  (o  onr  doninnds  for  ros(orn(iim  ftud 
indonmity.opposi'il  (ho  allojialion.  (hn(  (hoy  woro 
(nUon  in   (ho  \iol;ition  of  a  dlooKado  of  all  (lio 
lioi(s  of  (ho^o   slad's.     This  dlooKado  was  do- 
olnralory  only,  and  (ho  inndoipmoy  of  (ho   force 
(o  ninin(ain  i(  wns  so  mani(o»;(.  (lin(   (his  allona- 
(ion  w.is  vnriod  (o  ncharp'of  (rado  in  condadand 
of  war.     This,  in  i(s  (urn.  was  also  found  uu- 
(ouadlo  ;  and    iho  minis(or  w  hotn    I    son(    w  i(h 
ins(vnctions  (o  jiiws  for  (ho  n'ivvra(ion  that  wn.s 
diio  (o  ourininrodfollinvvitizous.  hastransnudod 
an  answer  to  his  domand.  by  which  tho  captures 
arc  divlarod  (o  have  boon  lojinl.  and  arc  jiis(i(ioil 
bivaiisv  (hoindopondoncoof  (ho  s(a(osof  Amorica 
no\or  hav'usr  boon  acknowlodeod  by  Spain,  she 
had  a  ndit   to  prohibit  trade  with  them  under 
ber  old  colonial  laws.     This  piinind  of  defence 
was  contviidiclory.  not  only  to  those  which  had 
boon  formerly  alioirinl.  but   to  (ho  uniform  pr«c- 
(ice  and  established   laws  of  na(ions  ;  and  h.ail 
bwn  abandoned  by  S]viin  herself  in  the  conveu- 
tion  which  p-aii(od  indemnity  to  Hritish  subjects 
for  ca]itnros  made  at  the  same  time,  under  the 
same  circnmstances.  and  for  the  same  allegations 
with  those  of  which  wc  complain. 


ANNM  IHlil.     ANIHtr.W  .lArKHON,  I'KKMIIH'NT. 


211 


lltptT  HOIHV 
lii|i|irf|,  llint 
ri>  lltll'lllllnl 

■  MM  iitlcn'Ht 

luuiii'iltlioMH, 
lltliiillN      III) 

Ji'\t'riiiii'«>  ill 

|iiiiiir,  I  lull. 

Ili'il  III       Mini 

>■<(>   |i()««'rn, 

■Mllli'    IllCIII. 

AIhim-  nil, 

(illf  li'lloW 

'S.Ml  nil  (li<« 

il'sll'll    it,    ill 

if'.ii  iiiitionH} 
irKmnvliMlp; 
'III  i>r  Hiiwi' 

l\ ,  llllllOll^ll 

i  II   |iiiii'lii'itl 

l»i\ilH'  llllt> 

IIh'V  slioiilil 

mlo  CDniin'ii- 
(cil  liy  llicir 

('('I    Milisl'nc- 

liiniiiii    ft'- 

'iilcntl  into 

iici-ciiil  ivlii- 

|il    l«'  (Ml  llio 


III 


.1  of 


I'   lix'nlv   of 
Mlli'^i'Ulli'Ul 

o^  liiinu'rly 
ol'  Aiuci  it'll. 
Iiplcil  h\  luT 

I'V  ("11)11  KVvil 
KWflll    ('1>I1I- 

v's  ;  mill  nl 
>ri\lion  nnil 
il  ll\t\v  wen' 
('  of  nil  11(0 
lo  \v:is  do- 
r  (lu>  for<Hi 
this  nllofrn- 
oonlial>iuul 
fountl  \»\- 
sont    with 
in  that  wn.H 
Inuisiwitlod 
lio  onpttiros 
iwo  jnsliliod 
o\'  Aniorioa 


Si«iin.  she 

Ithom  undor 

of  dofonoo 

whioh  had 

|ifonn  prao- 

;  and  had 

It  ho  oonvon- 

|ish  suhjcots 

,  undor  the 

allogations 


"  I,  ImwiMir,   liidiiltro   flin    Impo    Ihnf    niillMT 

K  (Ic'i  linil   M  ill    li'il'l   I"  iillli'l'  Vicw'i,  Mild    rci'l  Kill 

lldinl,  Hull  wIk'm  lii^  <'iilli<ilio  MiiJi'mI.v  mIihII  Im' 
rniiviiH'i'd  III'  llii'  |ilHliri'  id'  llii'  i  liiliii,  Mm  iIi'mIm' 
t(l  IMl'MflVf    fliilnll_V    K'lllliiMI'l    Ik'Imii  II   Hit'    Iwii 

I'liiiiiliii'M,  wliii'li  ii  Im  my  i'nnii"4l  <'|ii|i'iimi|'  In 
iMMinliilii,  will    iiii|iiri>  him   )>*  iitiiili'  In  niir  di' 

lillllld.  I      llMVI'     llll'll'lnl  I'     diM|llllr|H'<l     II     '!|ll>l'i!ll 

m('Nsi'ii|.M'r,  with  iiiMliiirliniM  In  mir  iiiiiiinliT  In 
li|'ill|.t  till'  riisi'  ((|in>  iiiiiic  III  lii'j  riiiiuidri'iiti<iii  ; 
In  till'  riid  Hull  ii',  uliii  II  I  niiiiinl  liiiii^';  myrill' 
In  lii'lli'M',  till'  'illlli'  ilroi'-imi.  Ilinl  rillllinl  liiil 
III'  dn'tiH'd  nil  null  iriidlv  di'iiinl  nl'  jiifitiri',  flmiild 
III'    |ii'iimili'il    ill,  llii<   miiMrr   iiiiiy,  licrmi'    v"'ii 

nil|nill  lllili'llt,    III'    lllid    lii'lnic    >nil,    llio   CntlKlilll 
Ii  iiml    jIldlM'M  nl"  wlinl    iw  |p|n|ir|'  In  III'  dniio  vvllill 

ni'(i,iilintinii  I'ni  r)'iln"..M  III' iiijiirv  I'liil'^'. 

"'I'lii'  oniirliiMinii  III'  n   Iniilv    jiir    iiidiiiiiiit^^' 

Vvilll     l''limi'r,  'I'l  mrd  In    inri'iil  11  I'iiviii'mIiIi'   ii|) 

I'lirliiiiil y  III  ri'iii'w  mir  rlniiiiM  nl'  n  Himiiiii'  niiliiri' 
nil  nllii'i'  jiiiwi'iM,  Mild  |iiii'liriilnt'ly  ill  llii>  niMi'  nl' 
IImi'Ji'  il|inil  Nn|itrM;  mnii' i";|M'ciiiliy  iih,  in  llio 
niiir II' nl'  (nriiii'i  ni '^:nl iiil iniH  with  Hint  |in\vi'r, 
mil'  rniliiro  in  iiidiii'i'  l''iiiiiri'  In  niidi'i'  iim  jiiHliri' 
wiH  iiHi'd  iw  iiii  in|;iimriil  iii'.niii'^l  iim,  'Ihr 
di'^ii'H  III' till'  mi'K'liiiiilH  whn  wri'i'  till'  |ii'iii('i|inl 
'lllH'irlH,  hnvo  llli'lrrnii'    I n    lli'ci'ilrd  In.  Illid    II 

iiiiMsinii  liiiH  hii'ii  iimliliiti'd  I'nr  Ihi'  F<|ir('iiil  |inr 
post' ornlilnininn  I'nr  Ihrm  ii  ri'pniiilinii  iilniidy 
ion  Inii^;  dclnyril.  'I'lii-^  nii'ii^ni'i'  linviii^c  Ihtii 
ri'snlvi'd  nn,  il  wiim  put  in  cMTiitinn  williniit. 
xviiiliiin'  I'nr  till'  mi'cliii)^  nj' ( 'niinifsH,  lirniiisii' lhi> 
mIiiIo  oI  I'liiinpi'  ni'iili'd  nn  iippi'ilicn'^inn  nf 
ovoiitM  liint  mi|;lit  liiivc  rciidoi'od  our  np|iliriilion 
inoH'i'i'tiiid. 

"  t)iir  ilomiiiidM  ii|inn  Hio  noviTiimont  or  Iho 
Two  Sicilii'H  an"  nC  n  pci'iiliiir  iiatiiri'.  'I'lio  in- 
jiirioM  on  wliioli  Hioy  nro  rnnndi'd  iiro  iinl.  di'iiird, 
imi'  iii'o  Iho  alrncily  and  pnlldy  iiiidrr  wliiili 
llinso  injnrioM  woio  poipi'tialrd  alliinplcd  to  he 
oxtciniatcil.  'riic  moIc  urniiiid  on  vvliioh  iiidciii 
nily  hiiM  licon  rol'iiscil  is  llio  alli'^;nl  ill('(.';ality  nl" 
Iho  tonni'o  hy  wliirh  llic  mnnan'h  wlin  madi'  llio 
soiziiroM  hold  his  nnwii.  'I'hiM  ijoronco,  ahvayH 
nnroiiiidod  in  any  prinoiplo  of  Iho  law  nrnnlioim 
—  now  iniivorsiilly  aliaiidnnod,  oven  liy  Hinsi' 
powiTM  upon  whom  Iho  rospniisiliilily  I'mnolsor 
past,  nilors  hnn>  (ho  nmst  heavily,  will  iiiii|noH- 
tionahly  ho  f!;ivon  up  hy  his  Siiilian  .Miijosty, 
whoso  ooimsols  will  roooivo  an  impiilso  IVnni  that, 
hifih  Konso  of  honor  and  ro/fard  tn  jnslico  whioh 
aro  said  tooharaolori/.o  him  ;  and  I  loci  tho  Ciillost 
conlidonoo  that  llio  taloiits  of  Iho  oili/.on  onni- 
inissionod  Cor  that,  pnrposo  will  plaoo  hoforohim 
(ho  jiisl  olaims  oroiir  injnrod  oiti/.ons  in  such  a 
light  as  will  onahio  mo,  hoforo  yoiir  adjournmonl. 
to  annoimoo  that  thoy  have  hooii  adjus(<'d  ami 
soonrod.  Piociso  instrwotions,  to  Iho  olloot  of 
hringiii)!;  tlu'  nonotiation  to  a  sjioody  isHiie,  have 
been  given,  and  will  ho  olieyod. 

"  111  tho  lato  lilookado  nl'  Torooira,  Kome  of  the 
roringiK'se  lieot  captured  several  of  our  vessels, 
and  committed  other  exeesseH,  for  which  repa- 
ration was  demanded ;  and  I  was  on  the  point  of 
dispatching  an  armed  force,    to  prevent  any 


ifciiiiMicc  of  n  ^■illlilal■  vinlinri'  nnd  prnlifl  niir 
rili/,rl|M  ill  Hie  lil'ioi  rillimi  nC  llicir  tiiwtnl  enm- 
lili'M'o,  wIhii  nllli'iill  M''- ilintioi  M,  nil  whii'li  I  n  liid, 
lliinli'  IIpo  Miililii^  nC  Hli'  Klilp'!  niiiiif'cxuiil y.  Sllifo 
llinl  pi  lind,  Cii'ipirtil  pi  iiiiiiMi  ^  liMve  liiiti  tiind'i 
(hill  i'lill  iiidi'iiiiiily  xlinll  In'  (riven  I'nr  llio  iiijurii'K 
iiillii'li'd  mid  III)'  In^xcM  Kii>'liiiiii'i|.  In  Hie  pi  r- 
Ini'iMiiiin-  Hull'  hiiM  liciii  Mipiiii',  jn'rhnpn  Ulmvnid- 
iililo,  diliiy  ;  h'll  I  liiivi'  till'  Cnllinl  cnnlldi  iioo 
Hull  my  miiih'hI  di>iri'  Hint  Ihi'i  lni^inii-M  iimy  nt 
niiri'  III'  rinui  i|,  vvliiili  mir  liiini^ilei  hliM  liiMi 
iiihl  I  mil  d  Hlrniij(|y  In  i'K|iri '"'i,  will  very  ("iimi  Ixi 
('inlilli'd.  I  liavo  llii'  lnttrr  (/rmiin  for  l^iid 
linpo,  frmii  llio  ovidiiirc  nf  (I  friiiidly  «l  '|i<iHilinii 
wliii'li  Hull  gnvMiiiiiiiit  liMH  hIihwii  hy  ni'  aotiml 
li'dlirllnii  ill  llii'  dnlvmi  riro,  Hie  prniliioc  nf  mir 
Sniilliii'iiSliilrH,  iiiillinri/,iM|.r  Ilio  iiiilifipalion  that, 
iU'iH  impnitaiil.  lulirli'  nf  mn'  export  will  "nnn  ho 
iiiliiiiltid  nn  tho  i-niiio  fnnliii(r  Hjlh  that  prndu'id 
hy  the  iiiiwt,  fnvnrod  iiiilinii. 

"  With  Iho  iilliir  piiwiTK  of  Kiiropi',  wo  havo 
fnrtiiiialoly  had  no  ciimki'  of  dinoii^mnii''  fnr  lh«i 
rodroHH  of  injiirioH.  With  tho  l''.iri|iiio  of  (hn 
IJiiH'iiiiH,  niir  pnlilii'id  ominoolinn  i-<nf  llie  moHt, 
frioiully.  mill  mir  cntiiiiii'iiiiil  of  the  »rio«l  lihi  ral 
Kind.  Wo  eiijny  Hie  ailviiiitii(ro>4  of  iiiivi('iitiori 
and  Irndo,  given  Inlhe  iiiokI  fiivniod  iialinn  ;  hut 
it  liiiH  lint  yi'l  siiili'd  llioir  policy, nr  pel  Imps  han 
lint  heeii  I'mind  cnnvi'niciit  fr<itn  olhcr  cnnnidor- 
atiniiH,  to  give  Ktahilily  and  reciprocity  In  Hioho 
iiiivilogoH,  hy  a  commercial  treaty,  'llin  ill- 
iii'iiltli  nf  Hio  minisler  hint  year  charg'd  with 
maluiig  a  iii'npo'tilioii  fnr  that  arrniigiiin  nt,  did 
lint  permit  him  to  lemain  at  St.  I'lterHhiirg  ; 
and  tho  attontinn  of  Hint  govoriiiiieiit,  <lurin(( 
the  wholo  of  Iho  period  Hinco  IiIm  dopnrtiiro, 
having  hooii  oc('ii|iied  hy  tho  war  in  which  it 
was  engaged,  we  have  heen  nsKincil  that  iiothinj^ 
eniild  have  heoii  elleclid  hy  IiIh  pre'<enr;o.  A 
ininiHl"!'  will  hiinii  he  iinmitiatcd,  aM  Well  lo  effect 
this  iiii|iorlant  nhjecl,  as  to  Keep  up  the  rolatiodH 
nf  aiiiily  and  good  underKlandiiig  of  which  wo 
have  received  ho  many  nHHuranccK  and  proofs 
I'inm  his  Imperial  Majesty  and  the  Kmjioror  hiH 
prodoeeH,Hnr. 

"  'I'ho  treaty  with  Austria  i.H  opening  to  im  an 
inipnrtant  trade  with  (lie  lieroditary  dominioriH 
nf  the  Kni|ieror,  the  value  of  which  han  hei-n 
liilherlo  liltle  kimwn,  and  of  cou^^'o  not  HiifH- 
cieiitly  appreciated.  While  our  commerce  flndd 
an  enlraiico  into  tla;  south  of  Oormany  ))y  means 
of  this  treaty,  those  wo  have  formed  with  tho 
IlaiLsealic  towns  and  Prussia,  and  others  now  in 
negotiation,  will  ojion  that  vast  <'niiiitry  to  tho 
enterprising  spirit  of  our  morchantson  the  north; 
a  country  ahounding  in  all  the  materials  for  a 
mutually  henelicia!  ci.nimerce,  filled  with  en- 
lightened and  industrious  inliahitants,  }iolding 
an  important  place  in  the  [loliticsof  Kuro[)e,  and 
to  which  we  owe  so  many  valuahle  citizens. 
The  ratification  of  thi-  treaty  with  the  I'ortewas 
.sent  to  he  ex*;hanged  hy  the  gentleman  apiminted 
our  charg6  <rafraires  to  that  court,  .'^oiik;  diffi- 
cultie.s  occurred  on  liis  arrival ;  hut  at  Ho;  date 
of  his  hist  official  diBpatch,  lie  Kuppo-ed  they  had 


Ht    n 


212 


THIRTY  A'EARS'  VIEW. 


i( 


i 


*' 


hi 


{J  <  1 ,1 


Al 


been  obviiitcd,  nnd  that  there  wnd  every  prospect 
of  the  exchnnjie  IwiiiR  wpeetlily  eflVcted 

"  This  fliiisheH  tlie  connected  view  I  have 
thoujjlit  it  pri)|»er  to  Rive  of  our  political  and 
commercial  relations  in  Enropc,  Evciy  effort 
hi  my  power  will  be  continued  to  Htren)j;then  and 
cxti-nd  them  by  treaties  founded  on  principles 
of  the  most  jK-rfect  reciprwity  of  interest,  neither 
askinp;  nor  conceding  any  exclusive  advantuKo, 
but  liberating,  as  fur  as  it  lies  in  my  power,  tbo 
activity  and  industry  of  our  fellow-citizens  from 
the  shackles  which  foreign  restrictions  may  im- 
pose. 

"  To  C'.iina  and  the  East  Indies,  our  commerce 
continues  in  its  usual  extent,  and  with  increased 
facilities,  which  the  credit  and  capital  of  our 
merchants  afford,  by  substituting  bills  for  pay- 
ments in  specie.  A  daring  outrage  having  been 
committerl  in  those  seas  by  the  plunder  of  one 
of  our  merchantmen  engaged  in  the  pepper  trade 
at  a  port  in  Sumatra,  and  the  piratical  perpetra- 
tors belonging  to  tribes  in  such  a  state  of  society 
that  the  usual  course  of  proceeding  between 
civilized  nations  could  not  be  pursued,  I  forth- 
with dispatched  a  frigate  with  orders  to  require 
immediate  satisfaction  for  the  injury,  and  in- 
demnity to  the  sufferers. 

"  Few  changes  have  taken  place  in  our  con- 
nections with  the  independent  States  of  Ameiica 
since  my  last  communication  to  Congress.  The 
ratification  of  a  commercial  treaty  with  the 
United  llepubiics  of  Mexico  has  been  for  some 
time  under  deliberation  in  their  Congress,  but 
was  still  undecided  at  the  date  of  our  last  dis- 

Eatches.  The  unhappy  civil  commotions  that 
ave  prevailed  there,  were  undoubtedly  the 
cause  of  the  delay ;  but  as  the  government  is 
now  said  to  be  tranquillized,  we  may  hope  soon 
to  receive  the  ratification  of  the  treaty,  and  an 
arrangement  for  the  demarcation  of  the  bounda- 
ries between  us.  In  the  mean  time,  an  im- 
portant trade  has  been  opened,  with  mutual 
benefit,  from  St.  Louis,  in  the  State  of  Missouri, 
by  caravans,  to  the  interior  provinces  of  Mexico. 
This  commerce  is  protected  in  its  progress 
through  the  Indian  countries  by  the  troops  of 
the  United  States,  which  have  been  permit- 
ted to  escort  the  caravans  beyond  our  boun- 
daries to  the  settled  part  of  the  Mexican  ter- 
ritory. 

"  From  Central  America  I  have  received  assu- 
rances of  the  most  friendly  kind,  and  a  grati- 
fying application  for  our  good  offices  to  remove 
a  supposed  indisposition  towards  that  govern- 
ment in  a  neighboring  state :  this  application 
was  immediately  and  successlu'ly  complied  with. 
They  gave  us  also  the  pleasing  intelligence,  that 
differences  which  had  prevailed  in  their  internal 
affairs  had  been  peaceably  adjusted.  Our  treaty 
with  this  republic  continues  to  be  faithfully  ob- 
served, and  promises  a  great  and  beneficial  com- 
merce between  the  two  countries  ;  a  commerce 
of  the  greatest  importance,  if  the  magnificent 
project  of  a  ship  canal  through  the  dominions 
of  that  state,  from  the  Atlantic  to  the  Pacific 


Ocean,  now  in  serious  contemplation,  shall  bo 
execute<l. 

"  I  have  great  satisfaction  in  communicating 
the  success  which  has  attended  the  exertions  of 
our  minister  in  Colombia  to  pn)curo  a  very  con- 
siderable reduction  in  the  duties  on  our  flour  in 
that  republic.  Indemnity,  also,  has  been  stipu- 
late<l  for  injuries  received  by  our  merchants  from 
illegal  seizures ;  and  renewed  assurances  are 
given  that  the  treaty  between  the  two  countries 
stiall  be  faithfully  observed. 

"  Oiili  and  Peru  seem  to  be  still  threatened 
with  civil  commotions ;  and,  until  they  shall  bo 
settled,  disorders  may  naturally  be  apprehended, 
requiring  the  constant  presence  of  a  naval  foruo 
in  the  Pacific  Ocean,  to  protect  our  fisheries  and 
guard  our  commerce. 

"  The  disturbances  that  took  place  in  the  Em- 
I)ire  of  Brazil,  previously  to,  and  immediately 
consequent  upon,  the  abdication  of  the  late  Em- 
peior,  necessarily  suspended  any  effectual  appli- 
cation for  the  redress  of  some  past  injuries  suf- 
fered bv  our  citizens  ftom  tliat  government, 
while  tliey  have  been  the  cause  of^  others,  in 
which  all  foreigners  seem  to  have  participated. 
Instructions  have  been  given  to  our  minister 
there,  to  press  for  indemnity  due  for  losses  occa- 
sioned by  these  irregularities,  and  to  take  cure 
that  our  fellow-citizens  shall  enjoy  all  the  privi- 
leges stipulated  in  their  favor,  by  the  treaty 
lately  made  between  the  two  powers ;  all  which, 
the  good  intelligence  that  prevails  between  our 
minister  at  Rio  Janeiro  and  the  regency  gives 
us  the  best  reason  to  expect. 

"  I  should  have  placed  Buenos  Ayres  on  the 
list  of  South  American  powers,  in  respect  to 
which  nothing  of  importance  affecting  us  was  to 
be  communicated,  but  for  occurrences  which  have 
lately  taken  place  at  the  Falkland  Islands,  in 
which  the  name  of  that  republic  has  been  used 
to  cover  W'*h  a  show  of  authority  acts  injurious 
to  our  comi..<.ice,  and  to  the  property  and  liber- 
ty of  our  fellow-citizens.  In  the  course  of  the 
present  year,  one  of  our  vessels  engaged  in  the 
pursuit  of  a  trade  which  we  have  always  enjoy- 
ed without  molestation,  has  been  captured  by  a 
band  acting,  as  they  pretend,  under  the  authority 
of  the  government  of  Buenos  Ayres.  I  have 
therefore  given  orders  for  the  disjiatch  of  an  arm- 
ed vessel,  to  join  our  squadron  in  those  seas,  and 
aid  in  affording  all  lawful  protection  to  our  trade 
which  shall  be  necessary;  and  shall,  without 
delay,  send  a  minister  to  inquire  into  the  nature 
of  the  circumstances,  and  also  of  the  claim,  if  any, 
that  is  set  up  by  that  government  to  those  isl- 
ands. In  the  mean  time,  I  submit  the  case  to 
the  consideration  of  Congress,  to  the  end  that  they 
may  clothe  the  Executive  with  such  authority 
and  means  as  they  may  deem  necessary  for  pro- 
viding a  foice  adequate  to  the  complete  protec- 
tion of  our  fellow-citizens  fishing  and  trading  in 
those  seas. 

"  This  rapid  sketch  of  our  foreign  relations,  it 
is  hoped,  fellow-citizens,  may  be  of  some  use  in 
so  much  of  your  legislation  as  may  bear  on  that 


f 


I 


ANNO  1831.    ANDREW  JACKSON.  PRESIDENT. 


213 


lion,  shall  bo 

jinmunicatinK 
10  exertions  of 
ro  a  vorv  con- 
tn  otir  ifoiir  in 
Its  Iwcn  Ktipu- 
turclmntH  from 
8surauct'8  aro 
two  countries 

till  threatened 
1  they  shall  bo 
Li  appreheiuled, 
f  a  navul  foruo 
ir  fisheries  and 

aco  in  the  Em- 
d  immediately 
if  the  lato  Em- 
cflectual  aitpli- 
st  injuries  suf- 
it  povernment, 
B  of  others,  in 
fc  participated. 
o  our  minister 
for  losses  occa- 
id  to  take  caro 
jy  all  the  privi- 
by  the  treaty 
vers ;  all  which, 
Is  between  our 
[e  regency  giv<!8 

8  Ayres  on  tho 
,  in  respect  to 
cting  us  was  to 
iices  which  have 
and  Islands,  in 
has  been  used 
y  acts  injurious 
icrty  and  libcr- 
e  course  of  the 
engaged  in  the 
i  always  enjoy- 
i  captured  by  a 
cr  the  authority 
Ayres.    1  have 
latch  of  an  arm- 
thosc  seas,  and 
tion  to  our  trade 
shall,  without 
into  the  nature 
le  claim,  if  any, 
nt  to  those  isl- 
lit  the  case  to 
he  end  that  they 
such  authority 
'cessary  for  pro- 
;oniplete  protec- 
and  trading  in 

eign  relations,  it 

of  some  use  in 

lay  bear  on  that 


important  subject ;  white  it  affords  to  the  coun- 
try at  large  a  Hoiirco  of  high  gmtiflcaton  in  the 
contemplation  of  our  political  and  commercial 
connection  with  tiic  i\:Ht  of  the  world.  At  peace 
with  all— having  subjects  of  future  diflcrence 
witii  fow,  and  those  suHceptible  of  easy  adjust- 
nu  lit — extending  our  commerce  ;;radually  on  all 
sides,  and  on  none  by  any  but  the  most  liberal 
and  mutually  beneficial  means — wu  may,  by  tho 
blessing  of  Providence,  hope  for  all  that  national 
pro^jierity  which  can  bt^  (k'rived  from  an  inter- 
course with  foreign  nations,  guided  by  those 
eternal  principles  of  justice  and  reciprocal  good 
will  which  arc  binding  a»  well  upon  States  as 
the  individuals  of  whom  they  are  comnosed. 

''  I  have  great  satisfaction  in  making  this 
statement  of  our  affairs,  because  the  course  of 
our  national  policy  enables  me  to  do  it  without 
any  indiscreet  exi)Osure  of  what  in  other  govern- 
ments is  usually  concealed  from  the  people. 
Having  none  but  a  straightforward,  o|)en  course 
to  pursue — guided  by  a  single  principle  that  will 
bear  tho  strongest  light — we  have  happily  no 
political  combinations  to  form,  no  alliances  to 
entangle  us,  no  complicated  interests  to  consult; 
and  in  subjecting  all  we  have  done  to  tho  con- 
sideration of  our  citizens,  and  to  the  inspection 
of  the  world,  we  give  no  advantage  to  other  na- 
tions, and  lay  ourselves  open  to  no  injury." 

This  clear  and  saccinct  account  of  the  state  of 
our  foreign  relations  makes  us  fully  acquainted 
with  these  affairs  as  they  then  stood,  and  presents 
a  view  of  questions  to  bo  settled  with  several 
powers  which  were  to  receive  their  solution 
from  tho  firm  and  friendly  spirit  in  which  they 
would  bo  urged.  Turning  to  our  domestic  con- 
cerns, the  message  thus  speaks  of  tho  finances ; 
showing  a  gradual  increase,  tho  rapid  extinction 
of  tho  public  debt,  and  that  a  revenue  of  27  J  mil- 
lions was  about  double  the  amount  of  all  expen- 
ditures, exclusive  of  what  that  extinction  absorb- 
ed: 

"  Tho  state  of  the  public  finances  will  be  fully 
shown  by  the  Secretary  of  the  Treasury,  in  the 
report  which  ho  will  presently  lay  before  you. 
I  will  here,  however,  congratulate  you  upon  their 
pros-jjerous  condition.  The  revenue  received  in 
the  present  year  will  not  fall  shoit  of  twenty- 
seven  million  seven  hundred  thousand  dollars ; 
and  tho  expenditures  for  all  objects  other  than 
the  public  debt  will  not  exceed  fourteen  million 
seven  hundred  thousand.  The  payment  on  ac- 
count of  the  principal  and  interest  of  the  debt, 
during  the  year,  will  exceed  sixteen  millions  and 
a  half  of  dollars :  a  greater  sum  than  has  been 
applied  to  that  object,  out  of  the  revenue,  in  any 
year  since  the  enlargement  of  the  sinking  fund, 
except  the  two  years  following  immediately 
thereafter.  Tho  amount  which  will  have  been 
applied  to  the  public  debt  from  the  4th  of  March, 


1820,  to  the  iHt  of  Janunrv  next,  which  is  lesa 
than  three  ycnrs  since  the  administration  has 
been  placed  m  my  hands,  will  exceed  forty  mil- 
lions of  dollars." 

On  the  subject  of  government  insolvent  debt- 
ors, the  message  said : 

"  In  my  annual  message  of  December,  1820,  I 
had  the  honor  to  recommend  the  adoption  of  a 
more  liberal  policy  than  that  which  then  prevail- 
ed towards  unfortunate  debtors  to  tho  govern- 
ment ;  and  I  deem  it  my  duty  again  to  invito 
your  attention  to  this  subject.  Actuate<l  by 
similar  views,  Congress  at  their  last  session  pass- 
ed an  act  for  tho  relief  of  certain  insolvent  debt- 
ors of  the  United  States :  but  the  provision  >  of 
that  law  have  not  been  deemed  such  as  were 
adequate  to  that  relief  to  this  unfortunate  class 
of  our  fellow-citizens,  which  may  bo  safely  ex- 
tended to  them.  The  points  in  which  the  law 
ap|)oars  to  be  defective  wi!!  he  particularly  com- 
municated by  the  Secrctarj'  of  the  Treasury :  and 
I  take  pleasure  in  recommending  such  an  exten- 
sion of  its  provisions  as  will  unfetter  the  enter- 
prise of  a  valuable  portion  of  our  citizens,  and 
restore  to  them  the  means  of  usefulness  to  tliem- 
selves  and  tho  community." 

Recurring  to  his  previous  recommendation  in 
favor  of  giving  the  election  of  President  and  Vice- 
President  to  tho  direct  vote  of  tho  people,  the 
message  says : 

"  I  have  heretofore  recommended  amendments 
of  the  federal  constitution  giving  the  election 
of  President  and  Vice-President  to  the  people, 
and  limiting  the  service  of  tho  former  to  a 
single  term.  So  important  do  I  consider  the.se 
changes  in  our  fundamental  law.  that  I  cannot, 
in  accordance  with  my  sense  of  duty,  omit  to 
press  them  upon  the  consideration  of  a  new  Con- 
gress. For  my  views  more  at  large,  as  well  in 
relation  to  these  points  as  to  the  disqualification 
of  members  of  Congress  to  receive  an  office  from 
a  President  in  whoso  election  they  have  had  an 
official  agency,  which  I  proposed  as  a  substitute, 
I  refer  you  to  my  former  messages." 

And  concludes  thus  in  relation  to  the  Bank  of 
the  United  States : 

"  Entertaining  the  opinions  heretofore  express- 
ed in  relation  to  tho  Bank  of  the  United  States, 
as  at  present  organized.  I  felt  it  my  duty,  in  my 
former  messages,  frankly  to  disclose  them,  in  or- 
der that  the  attention  of  the  legislature  and  the 
people  should  be  seasonably  directed  to  that  im- 
portant subject,  and  that  it  might  be  considered 
and  finally  disposed  of  in  a  manner  best  calcula- 
ted to  promote  the  ends  of  the  constitution,  and 
subserve  the  public  interests.  Having  thus  con- 
scientiously discharged  a  constitutional  duty,  I 
deem  it  proper,  on  this  occasion,  without  a  more 
particular  reference  to  tho  views  of  the  subject 


214 


THIRTY  TEARS'  VIEW. 


v.t^m 


'H 


^} 


^\  'I 


then  expressed,  to  leave  it  for  the  present  to  the 
investigation  of  an  onlightcnd  people  and  their 
representatives." 


CHAPTER     LIX. 

REJECTION   OP  MR.  VAN  BUREN,  MINISTER  TO 
ENOLiVND. 

At  the  period  of  the  election  of  General  Jackson 
to  the  Presidency,  four  gentlemen  stood  prominent 
in  the  political  ranks,  each  indicated  by  his  friends 
for  the  succession,  and  each  willing  to  be  the 
General's  successor.    They  were  Messrs.  Clay 
and   Webster,  and  Messrs.   Calhoun  and  Van 
Buren ;  the  two  former  classing  politically  against 
General  Jackson — the  two  latter  with  him.    But 
an  event  ooon  occurred  to  override  all  political 
distinction,  and  to  bring  discordant  and  rival 
elements  to  work  together  for  a  common  object. 
That  event  was  the  appointment  of  Mr.  Van 
Buren  to  be  Secretary  of  State — a  post  then  look- 
ed upon  as  a  stepping-stone  to  the  Presidency — 
and  the  imputed  predilection  of  General  Jackson 
for  him.    This  presented  him  as  an  obstacle  in 
the  path  of  the  other  three,  and  which  the  inter- 
est of  each  required  to  be  got  out  of  the  way. 
The  strife  first,  and  soon,  began  in  the  cabinet, 
where  Mr.  Calhoun  had  several  friends ;  and  Mr. 
Van  Buren.  seeing  that  General  Jackson's  ad- 
ministration was  likely  to  be  embarrassed  on  his 
account,  determined  to  resign  his  post — having 
first  seen  the  triumph  of  the  new  administration 
in  the  recovery  of  the  British  West  India  trade, 
and  the  successful  commencement  of  other  nego- 
tiations, which  settled  all  outstanding  difficulties 
with  other  nations,  and  shed  such  lustre  upon 
Jackson's  diplomacy.    He  made  known  his  de- 
sign to  the  President,  and  his  wish  to  retire  from 
the  cabinet— did  so — received  the  appointment 
of  minister  to  London,  and  immediately  left  the 
United  States ;  and  the  cabinet,  having  been  from 
the  beginning  without  harmony  or  cohesion,  was 
dissolved — some  resigning  voluntarily,  the  rest 
under  requisition — as  already  related  in  the  chap- 
ter on  the  dissolution  of  the  cabinet.     The  volun- 
tary resigning  members  were  classed  as  friends 
to  Mr.  Van  Buren,  the  involuntary  as  opposed 
to  him,  and  two  of  them  (Messrs.  Ingham  and 
Branch)  as  fiiends  to  Mr.  Calhoun;  and  be- 
came, of  course,  alienated  from  General  Jackson. 


I  was  particularly  grieved  at  this  breach  between 
Mr.  Branch  unrl  tiie  President,  having  known 
him  from  boyhood — been  .school-fellows  together, 
and  being  well  acquainted  with  his  inviolable 
honor  and  long  and  faithful  attachment  to  Gene- 
ral Jackson.  It  was  the  complete  extinction  of 
the  cabinet,  and  a  new  one  was  formed. 

Mr.  Van  Buren  had  nothing  to  do  with  this 
dissolution,  of  which  General  Jackson  has  borne 
voluntary  and  written  tcstimonj',  to  be  used  in 
this  chapter;  and  also  left  behind  him  a  written 
account  of  the  true  cause,  now  first  published 
in  this  Thirty  Years'  View,  fully  exonerating 
Mr.  Van  Buren  from  all  concern  in  that  event, 
and  showing  his  regret  that  it  had  occurred.  But 
the  whole  catastrophe  was  charged  upon  him  by 
his  political  opponents,  and  for  the  unworthy 
purpose  of  ousting  the  friends  of  Mr.  Calhoun, 
and  procuring  a  new  set  of  members  entirely  de- 
voted to  his  interest.  This  imputation  was  ne- 
gatived by  his  immediate  departure  fiom  the 
country,  setting  out  at  once  upon  his  mission, 
without  awaiting  the  action  of  the  Senate  on  his 
nomination.  This  was  in  the  summer  of  1  S3 1. 
Early  in  the  ensuing  session — ^at  its  verj'  com- 
mencement, in  fact — his  nomination  was  sent  in. 
and  it  was  quickly  perceptible  that  there  M'as  to 
be  an  attack  upon  him — a  combined  one ;  the 
three  rival  statesmen  acting  in  concert,  and  each 
backed  by  all  his  friends.  No  one  outside  of  the 
combination,  myself  alone  excepted,  could  believe 
it  would  be  successful.  I  saw  they  were  masters 
of  the  nomination  from  the  first  day,  and  would 
reject  it  when  they  were  ready  to  exhibit  a  case 
of  justification  to  the  country :  and  so  informed 
General  Jackson  from  an  early  period  in  the  ses- 
sion. The  numbers  were  sufficient :  the  difficulty 
was  to  make  up  a  case  to  satisfy  the  people ;  and 
that  was  found  to  be  a  tedious  business. 

Fifty  days  were  consumed  in  these  prelimi- 
naries— to  be  precise,  fifty-one ;  and  that  in 
addition  to  months  of  preparation  before  the 
Senate  met.  The  preparation  was  long,  but  the 
attack  vigorous;  and  when  commenced,  the 
business  was  finished  in  two  days.  There  were 
about  a  dozen  set  speeches  against  him,  from  as 
many  different  speakers^about  double  the  num- 
ber that  spoke  against  Warren  Hastings — ajid 
but  four  off-hand  replies  for  him ;  and  it  was 
evident  that  the  three  chiefs  had  brought  up  all 
their  friends  to  the  work.  It  was  an  unprece- 
dented array  of  numbers  and  talent  against  one 


ANNO  1832.     ANDREW  JACKSOX,  PRESIDENT. 


215 


icli  between 
,'ing  known 
ws  together, 
is  inviolable 
tnt  to  Gcnc- 
■xtinction  of 
led. 

do  with  this 
an  has  borne 

0  be  used  in 
iin  a  written 
st  published 

exonerating 
n  that  event, 
currcd.  But 
upon  him  by 
lie  unworthy 
Mr.  Calhoun, 
rs  entirely  de- 
ation  was  nc- 
ire  from  tho 

1  his  mission. 
Senate  on  his 
mner  of  1S31. 
its  very  com- 
n  was  sent  in. 
t  there  was  to 
ined  one;  the 
cert,  and  each 

outside  of  the 
,  could  believe 
were  masters 
.y,  and  would 
exhibit  a  case 
id  so  informed 
[iod  in  the  ses- 
thc  difficulty 
fe people;  and 
iincss. 

these  prelimi- 
and  that   in 
in  before  the 
long,  but  the 
imcnccd,    the 
There  were 
him,  from  as 
lublc  the  num- 
jlastings — and 
and  it  was 
rouglit  up  all 
Is  an  unpiece- 
t  against  one 


individual,  and  he  absent,— and  of  such  amenity 
of  manners  as  usually  to  disarm  political  oppo- 
sition of  all  its  virulence.  The  causes  of  objection 
were  supposed  to  be  found  in  four  different  heads 
of  accusation ;  each  of  which  was  elaborately 
urged : 

1.  The  instructions  drawn  up  and  signed  by 
Mr.  Van  Buren  as  Secretary  of  State,  under  the 
direction  of  the  President,  and  furnished  to  Mr. 
McLanc,  for  his  guidance  in  endeavoring  to  re- 
open the  negotiation  for  the  West  India  trade. 

2.  Making  a  breach  of  friendship  between  the 
first  and  second  officers  of  the  government — 
President  Jackson  and  Vice-President  Calhoun 
— for  the  purpose  of  thwarting  the  latter,  and 
helping  himself  to  the  Presidency. 

3.  Breaking  up  the  cabinet  for  the  same  pur- 
pose. 

4.  Introducing  the  system  of  "  proscription" 
(removal  from  office  for  opinion's  sake),  for  the 
same  purpose. 

A  formal  motion  was  made  by  Mr.  Holmes, 
of  Maine,  to  raise  a  committee  with  power  to 
send  for  persons  and  papers,  administer  oaths, 
receive  sworn  testimony,  and  report  it,  with  the 
committee's  opinion,  to  tho  Senate;  but  this 
looked  so  much  like  preferring  an  impeachment, 
as  well  as  trying  it,  that  the  procedure  was 
drqiped ;  and  all  reliance  was  placed  upon  the 
numerous  and  elaborate  speeches  to  be  delivered, 
all  carefully  prepared,  and  intended  for  publica- 
tion, though  delivered  in  secret  session.    Rejection 
of  the  nomination  was  not  enough — a  killing  off 
in  the  public  mind  was  intended  ;  and  therefore 
tho  unusual  process  of  the  elaborate  preparation 
and  intended  publication  of  the  speeches.    All 
the  spsakcrs  went  through  an  excusatory  for- 
mula, repeated  with  equal  precision  and  gravity  ; 
abjuring  all  sinister  motives ;  declaring  them- 
selves to  be  wholly  governed  by  a  sense  of  public 
duty;  describing  the  pain  which  they  felt  at 
arraigning  a  gentleman    whose   manners   and 
deportment  were  so  urbane ;  and  protesting  that 
nothing  but  a  sense  of  duty  to  the  country  could 
force  them  to  the  reluctant  performance  of  such 
a  painful  task.    The  accomplished  Forsyth  com- 
plimented, in  a  way  to  be  perfectly  understood, 
this  excess  of  patriotism,  which  could  voluntarily 
inflict  so  much  self-distress  for  the  sake  of  the 
public  good  ;  and  I,  most  unwittingly,  brought 
ilie  misery  of  one  of  the  gentlemen  to  a  sudden 
and  ridiculous  conclusion  by  a  chance  remark. 


It  was  Mr.  Gabriel  Moore,  of  Alabama,  who  sut 
near  me,  and  to  whom  I  said,  when  the  vote  was 
declared,  -'You  have  broken  a  minister,  and 
elected  a  Yicc-Presider.l."  lie  asked  how?  and 
I  toll!  hill  the  people  would  see  nothing  in  it 
but  a  combination  of  rivals  against  a  competitor, 
and  would  pull  them  nil  down,  and  set  him  up. 
"  Good  God ! "  said  he, '  ivhy  didn't  you  tell  me 
that  before  I  voted,  and  I  would  have  voted  tho 
other  way."  It  was  only  twenty  minutes  be- 
fore, for  he  was  the  very  last  speaker,  that  Mr. 
Moore  had  delivered  himself  thus,  on  this  very 
interesting  point  of  public  duty  against  private 
feeling : 

"  Under  all  the  circumstances  of  the  case,  not- 
withstanding the  able  views  which  have  been 
presented,  and  the  impatience  of  the  Senate,  I 
feel  it  a  duty  incumbent  upon  me,  not  only  in 
justification  of  myself,  and  of  the  motives  which 
govern  me  in  the  vote  which  I  am  about  to  give, 
but,  also,  in  justice  to  the  free  and  independent 
people  whom  1  have  the  honor  in  part  to  repre- 
sent, that  I  should  set  forth  the  reasons  which 
have  reluctar.tly  compelled  me  to  oppose  the 
confirmation  of  the  present  nominee.  Sir,  it  is 
proper  that  I  should  declare  that  the  evidence 
adduced  against  the  character  and  conduct  of 
the  late  Secretary  of  State,  and  the  sources  from 
which  this  evidence  emanaten,  have  made  an 
impression  on  my  mind  that  will  require  of  me, 
in  the  conscientious  though  painful  discharge  of 
my  duty,  to  record  my  vote  against  his  nomina- 
tion." 

The  famous  Madame  Roland,  when  mounting^ 
the  scaffold,  apostrophized  the  mock  statue  upon 
it  with  this  exclamation :  "  Oh  Liberty !  how 
many  crimes  arc  committed  in  thy  name  !"■ 
After  what  I  have  seen  during  my  thirty  years 
of  in:^ide  and  outside  views  in  the  Congress  of  tho 
United  States,  I  feel  qualified  to  paraphrase  tho 
apostroplie,  and  exclaim :  "  Oh  Politics  !  hovr 
much  bamboozling  is  practised  in  thy  game!" 

The  sjeakcrs  against  the  nomination  were 
Messrs.  Clay,  Webster,  John  M.  Clayton,  Ewing 
of  0'  -o,  John  Holmes,  Frelinghuysen,  Poindex- 
ter.  Chambers  of  Maryland,  Foot  of  Connecticut, 
Goveruoi"  Miller,  and  Colonel  Ilayne  of  South 
Carolina,  and  Governor  Moore  of  Alabama— just 
a  dozen,  and  equal  to  a  full  jury.  Sir.  Callioun, 
as  Vice-President,  presiding  in  the  Senate,  could 
not  speak ;  but  he  was  understood  to  be  per- 
sonated hy  his  friends,  and  twice  gave  tho 
casting  vote,  one  interlocutory,  against  the  nomi- 
nee— a  tic  l)eing  contrive<l  for  that  purpose,  and 
the  combined  flan  requiring  him  to  be  upon  tho 


216 


THIRTY  YKARS'  VIKW. 


i    i 


vi 


!'l 


,   1       1 


record.  Only  four  spoke  on  iho  side  of  tlu' 
noniinntion ;  (JcniTul  Smith  of  Maryland,  Air. 
Forsyth,  Mr.  Bedford  Brown,  and  Mr.  Marcy. 
M&;srs.  Clay  an<l  Webster,  and  their  friends, 
chiefly  confined  themselves  to  the  instructions 
on  the  West  India  trade ;  the  friends  of  Mr. 
Calhoun  paid  most  attention  to  the  cabinet  rup- 
t»irc,  the  separation  of  old  friends,  and  the  sys- 
tem of  proscription.  A{!:ainst  the  instructions  it 
was.  alleged,  that  they  bepged  as  a  favor  what 
wtus  due  as  a  j  ight ;  that  they  took  the  side  of 
Great  Britain  against  our  own  coimtry ;  and 
carried  our  party  contests,  and  the  issue  of  our 
party  elections,  into  diplomatic  negotiations  with 
foreign  countries ;  and  the  following  clause  from 
the  instructions  to  Mr.  McLano  was  quoted  to 
sustain  these  allegations : 

"In  reviewing  the  causes  which  have  preceded 
and  more  or  less  contributed  to  a  result  so  much 
regretted,  there  will  be  found  three  gr^-unds 
niwin  which  we  arc  most  assailable:  1.  In  our 
too  long  and  too  tenacionsl3-  resisting  the  right 
of  Great  Britain  to  impose  protecting  duties  in 
her  colonies.  2.  In  not  relieving  her  vesseh: 
from  the  restriction  of  returning  direct  from  the 
United  States  to  the  colonies  after  permission 
had  been  given  bj'  Gi-eat  Britain  to  our  vessels 
to  clear  out  from  the  colonies  to  an}'  other  than 
a  British  juirt.  And,  8.  In  omitting  to  accept 
tlie  terms  otlcred  by  the  act  of  Parliament  of 
July,  1825,  after  the  subject  had  been  brought 
before  Congress  and  deliberately  acted  upon  by 
our  government.  It  is,  without  doubt,  to  the 
combined  operation  of  these  (three)  causes  that 
we  arc  to  attribute  the  Briti.sh  interdict ;  you 
will  therefore  see  the  propriet}-  of  possessing 
yourself  fulh'  of  all  the  explanatory  and  n\iti- 
gating  circumstances  connected  with  them,  that 
you  may  be  able  to  obviate,  as  far  as  practicable, 
the  unfavorable  impression  which  they  have 
produced." 

This  was  the  clause  relied  upon  to  sustain  the 
allegation  of  putting  his  own  country  in  the 
wrong,  and  taking  the  part  of  Gi-eat  Britain,  and 
truckling  to  her  to  obtain  as  a  favor  what  was 
due  ,is  a  right,  and  mixing  up  our  party  contests 
witn  our  foreign  negotiations.  The  fallacy  of 
all  these  allegations  was  well  shown  in  the  re- 
plies of  the  four  senators,  and  especially  by 
General  Smith,  of  Maryland ;  and  has  been  fur- 
ther shown  in  the  course  of  this  work,  in  the 
chapter  on  the  recovery  of  the  British  West  In- 
dia trade.  But  there  was  a  document  at  that 
time  in  the  Department  of  State,  unknown  to 
the  friends  of  Mr.  Van  Buron  in  the  Senate, 
which  would  not  only  have  exculpated  him,  but 


turned  the  attacks  of  his  assailants  against  them* 
selves.  The  facts  were  these :  Mr.  Gallatin, 
while  minister  at  London,  on  the  subject  of  this 
trade,  of  course  sent  home  dispatches,  addressed 
to  the  Secretary  of  State  (Mr.  Clay),  in  which 
he  gave  an  account  of  his  progress,  or  rather  of 
the  obstacles  which  prevented  any  progress,  in 
the  attempted  negotiation.  There  were  two  of 
these  dispatches,  one  dated  September  22,  1820, 
the  other  November  the  14th,  1827.  The  latter 
had  been  communicated  to  Congress  in  full,  and 
printed  among  the  papers  of  the  ca.se ;  of  the 
former  only  an  extract  harl  been  communicated, 
and  that  relating  to  a  mere  formal  point.  It  so 
hajipened  that  the  part  of  this  dispatch  of  Sep- 
tember, 1820,  not  communicated,  contained  Mr. 
Gallatin's  report  of  the  cau.ses  which  led  to  the 
refu.^al  of  the  British  to  treat — their  refusal  to 
permit  its  to  accept  the  terms  of  their  act  of 
1825,  after  the  year  limited  for  acceptance  had 
expired — and  which  led  to  the  order  in  council, 
cutting  us  oft"  from  the  trade ;  and  it  so  happened 
that  this  report  of  these  causes,  so  made  by  Mr. 
(lallatin,  was  the  original  from  which  Mr.  Van 
Buren  copied  his  instructions  to  Mr.  McLano ! 
and  which  were  tlic  subject  of  so  much  censure 
in  the  Senate.  I  have  been  permitted  by  Mr. 
Everett,  Secretary  of  State  under  President  Fill- 
more— (Mr.  Webster  would  have  given  me  the 
same  jiermi,ssion  if  I  had  applied  during  his 
time,  for  he  did  so  in  every  case  that  I  ever 
a.sked) — to  examine  this  dispatch  in  the  Depart- 
ment of  State,  and  to  copy  from  it  whatever  I 
wanted ;  I  accordingly  copied  the  following : 

"On  three  points  we  were  perhaps  vulnerable. 

"  1.  The  delay  of  ivnewing  the  negotiation. 

"2.  The  omission  of  having  revoked  the  re- 
striction on  the  indirect  intercourse  when  that 
of  (Jreat  Britain  had  ceased. 

"  3.  Too  long  an  adherence  to  the  opposition 
to  her  right  of  laying  protecting  duties.  This 
might  have  been  given  up  as  st)on  as  the  act  of 
1825  passed.  These  are  the  causes  assigned  for 
the  late  measure  adopted  towards  the  United 
States  on  that  subject ;  and  they  have,  un- 
doubtedly, had  a  decisive  eflect  as  far  as  relates 
to  the  order  in  council,  assisted  as  they  w^ero 
by  the  belief  that  our  object  was  to  compel  this 
country  to  regulate  the  trade  upon  our  own 
terms." 

This  was  a  pas-'age  in  the  unpublished  part 
of  that  dispatch,  and  it  shows  itself  to  be  the 
original  from  which  Mr.  Van  Buren  copied,  sub- 
stituting the  milder  term  of  "  assailable  "  where 


ANNO  1832.     ANDREW  JACKSON,  TRlvSIDENT. 


217 


ipainst  llicm- 

ilr.  Gallatin, 

ibjoct  of  tliis 

es,  nddrosscd 

ly),  in  which 

or  rather  of 

■  progress,  in 

wore  two  of 

bcr  22,  182G, 

.    The  latter 

8  in  full,  and 

case ;  of  the 

mmunicatcd, 

point.    It  so 

patch  of  Sop- 

ontaincd  Mr. 

ch  led  to  the 

eir  refusal  to 

their  act  of 

[•eptancc  had 

r  in  council, 

;  so  happened 

made  by  Mr. 

licli  Mr.  Van 

^Ir.  McLane ! 

nucli  censure 

litted  by  Mr. 

resident  Fill- 

iven  me  the 

during   his 

that  I  ever 

tlie  Depart- 

whiitever  I 

owing : 

^^llne^able. 
;()tiation. 
ked  the  re- 
when  that 

opposition 
utics.  Thia 
IS  the  act  cf 
assigned  for 
the  United 

have,  un- 
ir  as  relates 

they  were 
compel  thib 
our  own 


iished  part 
If  to  be  the 
W)pied,  fiub- 
l.'le"  where 


Mr.  Gallatin  bad  applied  that  of  "  vulnerable " 
to  Mr.  Adams's  administration.  Doubtless  the 
contents  of  that  dispatch,  in  this  particular, 
were  entirely  forgotten  by  Mr.  Clay  at  the  time 
he  spoke  against  Mr.  Van  Buren,  having  been 
received  by  him  above  four  years  before  that 
time.  They  we  o  probivbly  as  little  known  to 
the  rest  of  the  opposition  senators  as  to  our- 
selves ;  and  the  omission  to  communicate  and 
print  them  could  not  have  occurred  from  any 
design  to  suppress  what  was  material  to  the 
debate  in  the  Senate,  as  the  communication  and 
printing  had  taken  place  long  before  this  occa 
sion  of  using  the  document  had  occurred. 

The  way  I  came  to  the  knowledge  of  this 
omitted  paragraph  was  this  :  When  engaged 
upon  the  ehaptcr  of  his  rejection,  I  wrote  to 
Mr.  Van  Buren  for  his  view  of  the  case ;  and 
he  sent  mo  back  a  manuscript  copy  of  a  speech 
which  he  had  drawn  up  in  London,  to  bo  de- 
livered in  New-York,  at  some  "  public  dinner," 
which  his  friends  could  get  up  for  the  occasion ; 
but  which  he  never  delivered,  or  published, 
partly  from  an  indisposition  to  go  into  the 
newspapers  for  character — much  from  a  real 
forbearance  of  temper — and  possibly  from  see- 
ing, on  his  return  to  the  United  States,  that  iic 
was  not  at  all  hurt  by  his  fall.  That  manu- 
script sjx^ch  contained  this  omitted  extract, 
and  I  trust  that  I  have  used  it  fairly  and  benefi- 
cially for  the  right,  and  without  inv'diousncss  to 
the  wrong.  It  disposes  of  one  point  of  attack  ; 
but  the  gentlemen  were  wrong  in  their  whole 
broad  view  of  this  British  West  India  trade 
question.  Jackson  took  the  Washington  ground, 
and  he  and  Washington  were  both  right.  The 
enjoyment  of  colonial  trade  is  a  privilege  to  be 
solicited,  and  not  a  right  to  be  demanded  ;  and 
the  terms  of  the  enjoyment  are  questions  for 
the  mother  country.  The  assailing  senators 
were  wrong  again  in  making  the  instructions  a 
matter  of  attack  upon  Mr.  Van  Buren.  They 
were  not  his  instructions,  but  President  Jack- 
son's. By  the  constitution  they  were  the  Presi- 
dent's, and  the  senators  derogated  from  that 
instrument  in  treating  his  secretary  as  their 
author.  The  President  alone  is  the  conductor 
of  our  foreign  relations,  and  the  dispatches 
signed  by  the  Secretaries  of  State  only  have 
force  as  coming  from  him,  and  are  usually  au- 
thenticated by  the  formula,  "  /  am  iusiriicted 
by  the  President  to  say,"  &c.,  &c.    It  was  u 


constitutional  blunder,  then,  in  the  senators  to 
treat  Mr.  Van  Buren  as  the  author  of  these  in- 
structicms ;  it  was  also  an  error  in  \}<m\i  of  fact. 
Clencral  Jackson  himself  specially  directed 
them  ;  and  so  authorized  (ieneral  Smith  to 
declare  in  the  Senate — which  he  did. 

Breaking  up  the  cabinet,  and  making  dissen- 
sion between  General  Jackson  and  Mr.  Cal- 
houn, was  the  second  of  the  aihgations  against 
Mr.  Van  Buren.  Repulsed  as  this  accusation 
has  been  by  the  character  of  Mr.  Van  Buren, 
and  by  the  narrative  of  the  "  Exposition,"  it  has 
yit  to  receive  a  further  and  most  authoritative 
contradictirn,  from  a  source  which  admits  of 
no  cavil — from  General  Jackson  himself — in  a 
voluntary  declaration  made  at'tcr  that  event 
had  passed  away,  and  when  justice  alone  re- 
mained the  sole  object  to  be  accomplished.  It 
was  a  statement  addressed  to  "  Martin  Van  Bu- 
ren, President  of  the  United  States,"  dated  at 
the  Hermitage,  July  31st,  1840,  and  ran  in 
these  words : 

"  It  was  my  intention  as  soon  as  I  heard  that 
Mr.  Calhoun  had  expressed  his  approbation  of 
the  leading  measures  of  your  administration, 
and  had  jtaid  you  a  visit,  to  place  in  your  pos- 
session the  statement  which  I  shall  now  make ; 
but  bad  health,  and  the  pressure  of  other  busi- 
ness have  constantly  led  me  to  postpone  it. 
What  I  have  reference  to  is  the  imputation  that 
has  been  sometimes  thrown  upon  you,  that  you 
had  an  agency  in  produciiig  the  controi'ersy 
which  took  place  between  Mr.  Calhoun  and  my- 
self, in  consequence  of  Mr.  Crawford's  disclosure 
of  what  occurred  in  the  cabinet  of  Mr.  Monroe 
relative  to  my  military  operations  in  Florida 
during  liis  adminisl.ation.  Mr.  Calhoun  is 
doubtless  already  sntisfied  that  he  did  you  in- 
justice in  holding  you  in  the  slightest  degree 
responsible  for  the  course  I  pursued  on  that  oc- 
casion :  but  as  there  may  be  others  who  may 
still  be  disposed  to  do  you  injustice,  and  who 
may  hereafter  use  the  circumstanc  for  the  pur- 
pose of  impairing  both  your  chflract.cr  and  his, 
I  think  it  my  duty  to  place  in  your  possession 
the  following  emphatic  declaration,  viz. :  That 
[am  not  aware  of  your  ever  saying  a  word  to 
me  relative  to  Mr,  Calhoun,  which  had  a  ten- 
dency to  create  an  interruption  of  mo  friendly 
relations  with  him: — that  yon  were  not  con- 
sulted, in  any  stage  of  the  correspondence  on 
the  sid)ject  of  his  conduct  in  (he  cabinet  of  Mr. 
Monroe  ; — and  that,  after  this  corre.tpondcrLce 
became  public,  the  only  sentiment  you  ever  ex- 
pressed t-^  me  about  it  was  that  if  deip  regret 
that  it  should  hare  occurred.  Yon  are  at  lib- 
erty to  show  this  letter  to  Mr.  Calhoun  ant' 
niake  what  other   use  of   it  you  may  think 


■  ffr 


218 


THIRTY  YEARS'  VIEW. 


■'t^  ii 


>■-  ■  t 


f 


ii 


it 

ill 


proper  for  tJic  purpose  of  corrcctinp;  the  erro- 
neous impressions  which  have  prevailed  on  this 
subject."  I 

A  testimony  more  honorable  than  this  in  be- 
half of  a  public  man,  was  never  delivered,  nor 
one  more  completely  disproving  a  dishonorable 
imputation,  and  showing  that  praise  was  due 
where  censure  had  been  lavished.  Jlr.  Van 
Buren  was  not  the  cause  of  breaking  up  tho  cabi- 
net, or  of  making  dissension  between  old  friends, 
or  of  raking  up  the  buried  event  in  Mr.  Monroe's 
cabinet,  or  of  injuring  Mr.'  Calhoun  in  any  way. 
Yet  this  testimony,  so  honorable  to  him,  was 
never  given  to  the  public,  though  furnished  for 
the  purpose,  and  now  appears  for  the  first  time 
in  print. 

Equally  erroneous  was  the  assumption,  taken 
for  granted  throughout  the  debate,  and  so  exten- 
sively and  deeply  impressed  upon  the  public 
mind,  that  Mr.  Calhoun  was  the  uniform  friend 
of  General  Jackson  in  the  election — his  early 
supporter  in  the  canvass,  and  steadfast  adherent 
to  the  end.  This  assumption  has  been  rebutted 
by  Mr.  Calhoun  himself,  who,  in  his  pamphlet 
against  General  Jackson,  shows  that  he  was  for 
h  hiiscif  until  withdrawn  from  the  contest  by 
Mr.  Dallas  at  a  public  meeting,  in  Philadelphia, 
in  the  winter  of  1823 — 4;  and  after  that  wfis 
pcrfccthj  neutral.  Ilis  words  arc :  "  When  vnj 
name  was  withdrawn  from  Ihe  list  of  presi- 
dential candidates,  I  assumed  a  'perfectly  neu- 
tral position  between  Gen.  Jackson  and  Mr. 
Adanis.^^  Th's  clears  Mr.  Van  Buren  again,  as 
he  could  not  make  a  breach  of  friendship  where 
none  existed,  or  supplant  a  supporter  where 
there  was  no  support :  and  that  there  was  none 
from  Mr.  Calhoun  to  Gen.  Jackson,  is  now  au- 
thentically declared  by  Mr.  Calhoun  himself. 
Yet  this  head  of  accusation,  with  a  bad  motive 
assigned  for  it,  was  most  persevcringly  urged 
by  his  friends,  and  in  his  presence,  throughout 
tho  whole  debate. 

Introducing  the  "  New- York  system  of  pro- 
scription" into  the  federal  government,  was  the 
last  of  tbo  accusations  on  which  Jlr.  Van  Bu- 
ren was  arraigned ;  and  was  just  as  unfounded 
as  all  tho  rest.  Both  his  temper  and  his  judg- 
ment was  against  the  removal  of  faithful  offl- 
cers  because  of  difference  of  political  opinion,  or 
even  for  political  conduct  against  himself— as 
the  whole  tenor  of  his  conduct  very  soon  after, 
and  when  he  became  President  of  the  United 


States,  abundantly  showed.  The  departments 
at  AVashington,  and  some  part  of  every  State  in 
tlio  Union,  gave  proofs  of  his  forbearance  in  this 
particular. 

I  have  already  told  that  I  did  not  speak 
in  the  debate  on  the  nomination  of  Mr.  Van 
Buren ;  and  this  silence  on  such  an  occasion  may 
require  explanation  from  a  man  who  does  not 
desire  the  character  of  neglecting  a  friend  in  a 
pinch.  I  had  strong  reasons  for  that  abstinence, 
and  they  were  obliged  to  be  strong  to  produce 
it.  I  was  opposed  to  Mr.  Van  Buren's  going  to 
England  as  minister.  He  was  our  intended  can- 
didate for  the  Presidency,  and  I  deemed  such  a 
mission  to  be  prejudicial  to  him  and  the  party, 
and  apt  to  leave  us  with  a  candidate  weakened 
with  the  people  by  absence,  and  by  a  residence 
at  a  foreign  court.  I  was  in  this  state  of  mind 
when  I  saw  the  combination  formed  against 
him,  and  felt  that  the  success  of  it  would  be  his 
and  our  salvation.  Rejection  was  a  bitter  medi- 
cine, but  there  was  health  at  the  bottom  of  tlic 
draught.  Besides,  I  was  not  the  guardian  of 
Messrs.  Clay,  Webster,  and  Calhoun,  and  was 
quite  willing  to  see  them  fall  into  tho  pit  which 
they  were  digging  for  another.  I  said  nothing 
in  the  debate ;  but  as  soon  as  the  vote  xvas  over 
I  wrote  to  Mr.  Van  Buren  a  veiy  plain  letter, 
onlj-  intended  for  himself,  and  of  which  I  kept 
no  copy ;  but  having  applied  for  the  original  for 
use  in  thio  history,  he  returned  it  to  me,  on  the 
condition  that  I  should  tell,  if  I  used  it.  that  in 
a  letter  to  General  Jackson,  he  characterized  it 
as  "  honest  and  sensible."  Honest,  I  knew  it 
to  be  at  the  time  ;  sensible,  I  believe  the  event 
has  proved  it  to  be  ;  and  that  there  was  no  mis- 
take in  writing  such  a  letter  to  Mr.  Van  Btiien, 
has  been  proved  by  our  subseqiient  intercourse. 
It  was  dated  January  28,  1832,  and  I  subjoin  it 
in  full,  as  contemporaneous  testimony,  and  as  an 
evidence  of  the  independent  manner  in  which  I 
spoke  to  my  friends — even  those  I  was  endeavor- 
ing to  make  President.    It  ran  thus : 

"  Your  faithful  correspondents  will  have  ir- 
formed  you  of  the  event  of  the  25th.  Nobody 
woaid  believe  it  here  until  aft^er  it  happened,  but 
the  President  can  bear  me  witness  that  I  pre- 
pared him  to  expect  it  a  month  ago.  The  public 
will  only  understand  it  as  a  political  movement 
against  a  rival ;  it  is  right,  however,  that  you 
should  know  that  Avithout  an  auxiliary  cause 
the  political  movement  against  you  would  not 
have  succeeded.    There  were  gentlemen  voting 


ANNO  1831.     ANDREW  JACKSON,  TRESIDENT. 


219 


e  departments 
every  State  in 
carancc  in  this 

did   not  speak 
n  of  Mr.  Van 
in  occasion  may 
who  docs  not 
g  a  friend  in  a 
;hat  abstinence, 
ong  to  produce 
urcn's  going  to 
ir  intended  can- 
deemed  such  a 
and  the  party, 
date  weakened 
by  a  residence 
3  state  of  mind 
formed  against 
it  would  be  his 
IS  a  bitter  medi- 
2  bottom  of  tlic 
lie  guardian  of 
Ihoun,  and  was 
to  the  pit  which 
I  said  nothing 
[C  vote  was  over 
■vy  plain  letter, 
which  I  kept 
le  original  for 
to  me,  on  the 
used  it.  that  in 
characterized  it 
nest,  I  knew  it 
hevc  the  event 
ere  was  no  mis- 
\h:  Van  Buren, 
nt  intercourse, 
md  I  subjoin  it 
nony.  and  as  an 
mer  in  which  I 
was  endeavor- 
hus: 


will 
|25th. 


have  ir- 
Nobody 
t  happened,  but 
ess  that  I  pre- 
Thc  public 
ical  movement 
everj  that  you 
auxiliary  cause 
you  would  not 
utlemcn  voting 


li 


against  you  who  would  not  have  done  so  except 
for  a  reason  which  was  strong  and  ciear  in  their 
own  minds,  and  whicli  (it  would  be  inijjroper  to 
dissemble)  lias  hurt  you  in  the  estimation  of 
many  candid  and  disinteivsted  people.  After 
saying  this  much,  1  must  also  say,  that  I  look 
upon  this  head  of  objection  as  temporary,  dying 
out  of  itself,  and  to  be  swallowed  up  in  the 
current  and  accumulating  topics  of  the  day. 
You  doubtless  know  what  is  best  for  yourself, 
and  it  does  not  become  me  to  make  suggestions ; 
but  for  myself,  when  I  find  myself  on  the  bridge 
of  Lodi,  I  neither  stop  to  parley,  nor  turn  back 
to  start  again.  Forward,  is  the  word.  Some 
say,  make  you  governor  of  New- York  5  I  say, 
you  have  been  governor  before :  that  is  turning 
back.  Some  say,  come  to  the  Senate  in  i)lace 
of  some  of  your  friends;  I  say,  that  of  itself  will 
be  only  parleying  with  the  enemy  while  on  the 
middle  of  the  bridge,  and  receiving  their  fire. 
The  vice-presidency  is  the  only  thing,  and  if  a 
place  in  the  Senate  can  be  coupled  with  the  trial 
for  that,  then  a  place  in  the  Senate  might  be 
desirable.  The  Baltimore  Convention  will  meet 
in  the  month  of  May,  and  I  presume  it  will  be 
in  the  discretion  of  your  immediate  friends  in 
New-York,  and  your  leading  friends  here,  to 
have  you  nominated ;  and  in  all  that  affair  I 
think  you  ought  to  be  passive.  'For  Vice- 
President,'  on  the  Jackson  ticket,  will  identify 
you  with  him;  a  few  cardinal  principles  of  the 
old  democratic  school  might  make  you  worth 
contending  for  on  your  own  account.  The  dy- 
nasty of  "J8  (the  federalists)  has  the  Bank  of 
the  United  States  in  its  interest ;  and  the  Bank 
of  the  United  States  has  drawn  into  its  vortex, 
and  wields  at  its  pleasure,  the  whole  high  tariff 
and  federal  internal  improvement  i)arty.  To  set 
up  for  j'ourself,  and  to  raise  an  interest  which 
can  unite  the  scattered  elements  of  a  nation, 
you  will  have  to  take  positions  which  are  visible, 
and  represent  piinciples  which  are  felt  and  un- 
derstood ;  you  will  have  to  separate  yourself 
from  the  enemy  by  partition  lines  which  the 
people  can  see.  The  dynasty  of  '98  (federalists), 
the  Bank  of  the  United  States,  the  high  tariif 
partj\  the  federal  internal  improvement  party, 
are  against  you.  Now,  if  you  are  not  agairsi 
them,  the  p(  "|)le,  and  myself,  as  one  of  the  peo- 
ple, can  sio  nothing  between  you  and  them 
worth  contending  for,  in  a  national  point  of 
view.  This  is  a  very  plain  letter,  and  if  you 
don't  like  it,  you  will  throw  it  in  the  fire  ;  con- 
sider it  as  not  havik.f;  been  written.  For  myself, 
I  mean  to  retire  upon  my  profession,  while  I 
have  mind  and  body  to  pursue  it ;  but  I  wish 
to  see  the  right  principles  prevail,  and  friends 
instead  of  foes  in  power." 

The  prominent  idea  in  this  letter  was,  that 
the  people  would  see  the  rejection  in  the  same 
light  that  I  did — as  a  combination  to  put  down 
a  rival — as  a  political  blunder — and  that  it 
would  work  out  the  other  way.    The  same  idea 


prevailed  in  England.  On  the  evening  of  the 
day,  on  the  morning  of  which  all  the  London 
newspapers  heralded  the  rejection  of  the  Ameri- 
can minister,  there  was  a  great  party  at  Prince 
Talleyrand's — then  the  representative  at  the 
British  court,  of  the  new  King  of  the  French, 
Louis  Phillippe.  Mr.  Van  Buren,  always  mas- 
ter of  himself,  and  of  all  the  proprieties  of  his 
position,  was  there,  as  if  nothing  had  happened ; 
and  received  distinguished  attentions,  and  com- 
plimentary allusions.  Lord  Aukland,  grandson 
to  the  Mr.  Eden  who  was  one  of  the  Commis- 
sioners of  Conciliation  sent  to  us  at  the  begin- 
ning of  the  revolutionary  troiibles,  said  to  him, 
"It  is  an  advantage  to  a  public  man  to  be  the 
subject  of  an  outrage  " — a  remark,  wise  in  itself, 
and  prophetic  in  its  application  to  the  person  to 
whom  it  was  addressed.  lie  came  home — ai)pa- 
rently  gave  himself  no  trouble  about  what  had 
happened — was  taken  up  by  the  people — elect- 
ed, successively,  Vice-President  and  President — 
while  none  of  those  combined  against  him  ever 
attained  either  position. 

There  was,  at  the  time,  some  doubt  among 
their  friends  as  to  the  policy  of  the  rejection  , 
but  the  three  chiefs  were  positive  in  their  belief 
that  a  senatorial  condemnation  would  be  politi- 
cal death.  I  heard  Mr.  Calhoim  say  to  one  of 
his  doubting  friends,  "  It  will  kill  him,  sir,  kill 
him  dead.  He  will  never  kick  sir,  never  kick  ; " 
and  the  alacrity  with  which  he  gave  the  casting 
votes,  on  the  two  occasions,  both  vital,  on  which 
they  were  put  into  his  hands,  attested  the  sin- 
cerity of  his  belief,  and  his  readiness  for  the 
work.  How  those  tie-votes,  for  there  were  two 
of  them,  came  to  happen  twice,  "  hand-running," 
and  in  a  case  so  important,  was  matter  of  marvel 
and  speculation  to  the  public  on  the  outside  of 
the  locked-up  senatorial  door.  It  was  no  mar- 
vel to  those  on  the  inside,  who  saw  how  it  was 
done.  The  combination  had  a  superfluity  of 
votes,  and,  as  Mr.  Van  Burcn's  friends  were 
every  one  known,  and  would  sit  fast,  it  only  re- 
quired the  superfluous  votes  on  one  side  to  go 
out ;  and  thus  an  equilibrium  between  the  two 
lines  was  established.  When  all  was  finished, 
the  injunction  of  .secrecy  was  taken  off  the  pro- 
ceedings, and  the  dozen  set  speeches  delivered  in 
secret  session  immediately  published — which 
shows  that  they  were  delivered  for  effect,  not 
upon  the  Senate,  but  upon  the  public  mind. 
The  whole  proceeding  illustrates  the  impolicy. 


■rfT 


'        •( 


220 


TIIIUTY   YKAUS"  VIKW. 


li. 


M^r 


nw  «(<n  Its  |i('ril  (o  IImmiish-Ivi'm,  of  rivul  jiiiMir 
men  silling  in  jndjintont  n|ion  t>iu'li  nllicr,  und 
onirios  n  winiiiiip:  n1on)j;  willi  it  wliicli  rI\<iuI<I 
not  !>(•  lost 

As  1111  cviMit  iiircotiiin-  tlio  most  niiiiuMit  puMic 
won  i>l'tlu>  <lny,  mill  ooinio<Miii)i-  itsoll' with  the 
sottloinont  of  ono  of  o\ir  iiiii»oi(nnt  foi>>inn  ooin- 
iiKMvi.'il  ()iuvstioiiH  -n.s  l)oloii;iiii)v  to  liistorv.  nml 
nli-o.'uh  oiinioii  into  it  l>y  tlio  siMiiitoriiil  di'lmlos 
— IIS  n  koy  t<>  niiUH^K  tlio  tiioiininp;  of  otlu>r  oou- 
t\\h'{ — 1  (loom  tliis  iirt^Miiit  of  the  wkiki  tion  of 
Mr.  Villi  Hiii-<>n  n  mHVssiuy  npiiomlniyo  to  tlio 
sott1on\o«t  of  tho  Uritish  Wost  Iiidin  ti*ml»Mpu'H- 
tion— i\s  nil  net  of  justirc  to  (Jouorul  .IncKsitn's 
n(1n\iiiistr;itioii  ((lio  whoU"  of  wliioh  wns  involved 
in  tlio  iviisiin>  tluMi  ('list  upon  )iis  Soowtary  of 
Stnfo\  nnd  ns  n  siinlx'iun  to  illnniinnto  tho  lnl>y- 
riiith  of  otluT  loss  pnlpnblo  oonoiitonntion!«. 


OUArTKU     LX. 

BANK  or  riii'  \NVVKn  sTvrrs   h.i.kdm,  and 

VUMOrs  illiKKNCY. 

In  his  lirst  annual  mossujiv,  in  tho  your  1S20, 
Pn^sidont  daokson,  Ivsidos  oallinji'  in  quoistion  tho 
\nu\in'<titiiti(Mi;ility  and  ,i;'«Mioral  o\podi<Mioy  of  tho 
l^uik,  aUo  stalod  tliat  it  had  failod  in  fiirnish- 
ina,'  a  nnifoim  onrronoy.  That  divlaratitni  \va.« 
siivatly  «>intos(od  hy  tho  Hank  and  its  ailvooatos, 
and  1  folt  mysolf  hiMind  io  mako  an  oooasion  to 
shcnv  it  (o  Iv  woll  fonndoil,  ami  to  a  givator  o\- 
ton(  llian  iho  l^vsidont  had  intimatod.  It  had 
in  taot  issnoil  an  illopil  ami  vicious  kind  nf  papor 
— .luthorizod  it  to  Iv  issiiod  at  all  tho  hranohos 
— in  tho  sha^v  of  drafts  or  ordors  payahlo  in 
rhiladolphins  but  voluntarily  j^aid  whoro  issuod, 
and  at  all  tho  hranohos :  and  so  mado  into  a 
Kx"a1  ournMio\ .  and  const itutiuir  the  mass  of  all 
its  jv^vr  s<vn  in  ciivulation  ;  and  as  tho  proaf- 
ost  quantity  was  usually  issuod  at  tho  most  re- 
mote and  inaooossiblo  branches,  tho  payment  of 
tho  drafts  were  well  protected  by  distance  and 
dithcnlty  ;  ami  Iving  of  small  denominations. 
:  litored  and  lincrored  in  tho  hands  of  the  lalxir- 
Mic:  ix\"'ple  until  the  "wear  and  tear"  Ivoame  a 
large  itomofsrain  to  the  Bank,  and  tho  dilTioulty 
of  pri^sontinc  them  at  Philadelphia  an  ofilvtual 
bar  to  their  paynnent  there.  The  origin  of  this 
kind  of  currency  wn#  thus  traced  bv  me :  It  \ras 


invented  hy  n  Soololi  baiikor  of  Aberdeen,  who 
issued  notes  pn_MihIe  in  London,  nlwnyn  of 
mnall  tlononiituitions,  that  nobody  nhould  take 
thoni  np  to  London  for  n'demplion.  The  Itnnk 
of  li-eland  soein;.-  wliat  a  pretty  way  it  was  to 
issno  notes  whieh  they  o<nild  not  prnelienlly  be 
eompelled  to  pay.  adopli-d  the  same  trii'Ii.  'I'lion 
tho  Mn^lisli  ooiintry  bankern  followed  the  e\- 
nniplo.  Ihit  their  oaiTor  wan  short.  The  Ibii- 
i.sh  parliameiil  took  hold  of  tlie  IViind.  and  sup- 
piossed  it  in  Mie  thive  kinjidoiu'j.  'I'hat  paiTia- 
nuMit  would  toleiiite  no  onnviiey  \sbue<l  at  ono 
place,  muJ  pnynblo  at  nnotlier. 

""he  mode  of  proeeedinn  ti>  get  at  tho  i]nostioti 
<>f  this  vieious  ourrenoy  was  the  same  as  thnli 
pursued  to  got  at  the  ipiostion  of  the  non-re- 
newal of  the  charter — imniely.  an  aiiplioation 
for  leave  to  bring  in  a  joint  resolution  deelaring 
it  to  bo  illegal,  and  ordering  it  to  bo  suppressed  ; 
an<l  in  asking  that  leave  to  give  tho  ivasons  for 
the  motion;  whieh  ivas  done,  in  n  s|ieeeh  of 
whieh  the  following  aiv  some  jiarts  : 

"Mr.  Uenton  im^o  to  ask  leave  tobring  in  hiw 
pivmised  ivsolutiomm  tho  stateof  theourxMiey. 
lie  said  he  had  given  his  notiee  t'or  the  leino  Iw 
wa.s  about  to  ask.  without  eoneerling  or  eonsnll- 
iug  with  any  member  of  the  Senat»>.  Thi'  object 
of  his  resolution  was  judicial,  not  jiolilieal  ;  Hud 
ho  had  treated  the  senators  not  as  (Munst-llois. 
but  asjudge-^,  lie  had  conversed  with  no  one. 
neither  tViiMid  nor  adversary  :  not  through  eon- 
tempt  of  conusel.  or  fear  <^f  oppi>sitioii,  but  from 
a  just  and  viguons  ivgard  to  decmnni  and  \)\o- 
l>riety.  His  own  opiniiui  had  been  made  np 
through  the  i-old,  unadulterated  process  of  legiil 
ivsearch  ;  and  he  had  done  nothing,  and  Mould 
do  nothing,  to  pivvenl,  or  hinder,  any  other  sena- 
tor tV<uu  making  up  his  opinion  in  the  same 
wav.  It  was  a  ease  in  which  ])olitios, especially 
ivu'li>^an  ]iolitics,  could  tind  no  place;  and  in  the 
progress  of  which  every  sonaloi-  would  feel  hiiu- 
self  retiring  int.>  the  judicial  otlice — becoming 

'  one  of  the  jiidirr.f  srlnli — and  searohing  into 

■  the  stoivs  of  his  own  legal  knowleilg<\  for  tho 
judgment,  and  tho  reasons  of  tlic  judgment, 
which  he  must  give  in  this  gn^il  cause. in  which 
a  nation  is  the  party  on  one  side,  and  a  great 
mtuieyod  corporation  on  tho  other.  He  |Mr.  1?.) 
believed  the  currency,  against  which  his  ivsolu- 

;  t ion  was  dirivtrtl.  to  be  illegal  and  dangerous; 

I  and  so  bolievi  ■'.  it  had  long  Wen  his  detcrniina- 
tiou  to  bring  the  tpiostion  of  its  logiility  before 
the  Senate  and  the  people;  and  that  without  re- 
gard to  the  ]iowerful  n<sentmeut,  to  the  ctUcts 
of  which  ho  might  be  ox]><^sing  himself.  He  had 
adopted  the  form  of  a  declaratory  resolution,  be- 

,  cause  it  was  intended  to  declare  the  true  sense 
of  tho  charter  nixiu  a  disputed  jioii.t.  He  uu\ile 
his  resolution  joint  in  its  ch.ir.ioter.  that  it  might 


ANNO  IHil'i.     ANIHtKW  .IA(!KH<)N,  rUI';MII»KNT. 


221 


Mionlrcti.  wlio 
HI,  iihvnvn  "f 
y  Hhonld  <nU<' 
111.     Till'  UimU 

\VI(V  II    «ll'^    (" 

jtractit'itllv  In' 
u>lrii'l>.  'I'tu'ti 
|o\v»m1  (hf  fx- 
)i(.  '\'\\r  Uiit- 
Vnnil.  MHil  ^^^l|'- 
.  Tlmt  imHiii- 
y  '\w\\v{\  lit  <'IK> 

n(  Iboinu'stion 
<   81(1110  as  llmtr 

nf  11\o  iion-rc- 

lui  ix|ii<lioM<ii>n 
Itition  (UvlsniiiR 

lie  siin|in'ss»'(i ; 
tin-  reasons  for 
in  II  njMH'oh  of 
irts: 

i>  lolirinjr  i"  'lis 
of  ihiM'inTcncv. 
for  tlio  li'iivo  lio 
\-tinp. cr  constill- 

|l\t(\         'fill'  ol'itM't 

lit  jiolitical ;  smkI 
!\s  o>\n)sollois, 
1  Willi  no  om>, 
t   thioiifih  con- 
ilion,  Imt   from 
oi-nn\  )\w\  yyo- 
boon  notio  up 
^iroooss  of  loirivl 
liuiT,  «n(l  wonltl 
nny  other  ^ion!\• 
;i  in    tlio   s!»nu' 
i1i('s.(-snooii\lly 
iiiv  ;  anil  in  ll>«? 
\vo\il(l  IW'I  hini- 
tlioo — liroouiinu; 
soaivhinsi   into 
invlotlux\  for  the 
the    jniiiiinont, 
oanse.  in  \v\\iol» 
do,  ami  a  jiroat 
•.     UolMr.  H.l 
lioli  his  ivsi^ln- 
and  dansrorons ; 
n  his  dotovnnna- 
s  lopihtx  boforo 
that  without  ir- 
it.  to  tho  ilVoots 
limsolf.     Ho  had 
•V  resolution,  ho- 
tho  true  son>o 
Miii.t.     lie  made 
or.  that  il  might 


f 


have  the  notion  of  lioHi  Ilniist"*  of  (JonnroHH;  iind 
Hin^le  in  ilM  ohjeot,  llinl.  tho  iiiMiii  doHi^ii  iiii)(lit 
not.  1)0  oinharrasHod  with  minor  |iro|H)Milii)iiM. 
'rhi>  form  of  tlio  roHohilion  ^nvo  him  ii  ri^lit  to 
kIhIo  hiM  roaNoiiM  for  iiHkin^  loiivo  to  hrin^  it  in  • 
the  ini|iorlanoo  of  it  ronniicd  Ihos"  roasoiiHlo  ho 
oioarly  Htulod.  Tlio  Senato  also,  lam  ilw  ri^hlH 
and  ilM  dnIioH.  It.  Ih  the  rigid  of  Iho  Sonalo  anil 
House  of  HoiiresonlativoH.  as  tho  fonndor  of  Iho 
hank  oorporation,  to  oxninino  into  tho  regularity 
of  it'<  |iroeoodinp;H,  and  to  take  eoj^nizanoo  of  the 
inlVaelions  of  ilH  ohartor;  and  this  rigid.  Iiiih  ho- 
('(une  a  duly,  sinoo  Iho  very  trihnnal  noIooIoiI  hy 
Iheohnrter  to  ti'v  thosoin^iaetionH  had  tried  IIii'm 
very  (iiioHlion, and  that  wilhonl  the  formality  of 
a  siiir  Jiirids  or  Iho  presenoe  of  the  adverse 
party,  ami  had  given  Judgment  in  favor  of  thooor- 
poraliou  ;  a  deeision  wliioh  ho  |,Mr.  ll.J  waseoni- 
pol  led, hy  the  strongest  oonviel  ions  of  his  judgment, 
to  oonsider  hnlh  as  oxtrajudieial  and  erroneoiis. 

"Tlie  rosojutionj  oonlinued  Mr.  11.,  which  I  am 
asking  lonvo  to  hrmg  in,  o.\prosses  iln  own  oh- 
jeol.  It  di'olaros  against  the  legality  of  llie.so 
orders,  AS  A  ci'iiiii'.M  V.  It  iHlheeurreiiey  which 
I  arraign.  I  make  no  impiiry,  (i)i'  I  will  not  om- 
liarrass  my  snhjoct  with  irrelevant  and  iniiiia- 
lerial  impiirios — I  inako  no  impiiry  into  tho 
niodes  of  eonlraci  and  paMiieiil  wiiich  are  per- 
milled,  or  not  permitted,  lo  Iho  Itank  of  Iho 
Iniled  States,  in  the  conduct  of  its  private  deal- 
ings and  individual  transactions.  i\ly  husinos.s 
lies  wilh  the  currency  ;  for,  hot  ween  piihlic  cnr- 
renoy  and  private  dealings,  the  charier  of  the 
hank  has  made  a  dislinolion,  and  that  fonndod 
il.  the  natnro  of  things,  as  hroad  as  lines  can 
diiMV,  and  as  ch'ar  as  words  can  express.  'I'ho 
cm  ronoy  concerns  Iho  laihlio ;  anil  tli<'  sonmlnosH 
of  thai  ciirroncy  is  taUoii  nndrr  the  particular 
gnartlianshipof  tho  charier;  a  .special  code  of  law 
is  enacted  for  il  :  private  dealings  concern  indi- 
viduals: and  it  is  for  individuals,  in  making  their 
hargains,  to  take  oaro  of  their  own  intoiesl.s. 
The  charter  of  Iho  Hank  of  the  I'liitod  Slates  has 
aulhorizod,  hut  not  regnlaled,  cerlain  private 
dealings  of  tho  hank  ;  it  is  full  and  explicit  upon 
tht>  regulation  of  currency.  I'pon  this  distinc- 
tion 1  take  my  stand.  I  oslahlish  myself  upon 
tho  hrnad  and  clear  dislinclioii  which  reason 
makes,  and  tho  chaiter  saiiclions.  I  arraign  the 
oniToncy!  1  eschew  all  iiiipiiry  into  tho  moilos 
of  making  hargains  for  the  sale  or  purchase  of 
hills  of  o.Nchange,  hnying  and  selling  gidd  or  sil- 
ver hullion, building hou.ses,  hiring olliceis,  clerks, 
and  servants,  purchasing  necessaiio.s,  or  laying 
in  supplies  of  fuel  and  stationer^'. 

"  I.  I  object  to  it  because  il  authori/.es  an  is- 
,siie  of  cm  irucy  upon  coiiNlniiiioii.  The  issue 
of  currency,  sir,  was  the  great  and  main  business 
for  which  tlio  bank  was  created,  and  which  it  is, 
ill  the  twelfth  article,  expressly  authorized  to 
perform  ;  and  1  cannot  pay  so  poor  a  compliment 
to  the  nndorstandings  of  the  eminent  men  who 
iVanu'd  that  charter,  as  to  suppose  that  Uiey  left 
ihe  main  bnsiiu'ss  of  the  hank  to  be  found,  by 
construction,  in  an  indoiH-ndent  phrase,  and  that 


phriiMo  to  ho  fomi'l  but  onco  in  tho  whole  char- 
tor.  I  cannot  compliment  their  nndeistandin^H 
wilh  lh(>  snp|ioKition  that,  after  having  anthor- 
i/od  and  definod  a  onrroncy,  and  suhjeclod  it  to 
immeronH  roslriclioim,  tliov  had  lolt  open  tho 
door  to  the  is>sno  of  another  sort  of  cm  leiicy, 
niMin  construction,  which  should  Hii|iorHodo  tlin 
kind  they  had  presci  ihod,  and  be  free  from  every 
rostriclion  to  which  tho  proscribed  onrroncy  was 
siibjoct. 

"  liol  nn  rocapitnlate.  f.ot  its  huiii  up  tho  poinlH 
of  incompalibiiity  botwoeii  the  rhaiaolorislios  of 
this  currency,  and  the  ro(|iiiHiloH  of  the  charter  : 
lot  im  gron|i  and  oonlniHl  tla;  fiighlfnl  fealurcH 
of  their  llagrant  illegality.  1.  Ari^  they  signotl 
by  till-  proHidont  of  tho  hank  and  his  principal 
ciishior )  'I'hoy  aro  not!  li.  An-  they  tinder 
the  coriiorato  seal  7  Not  at  all!  ."..  Are  they 
drawn  in  Ihe  name  of  tho  curpoialion  7  Ity  no 
moans!  •\.  Aro  tlioy  Ntibjoet  to  Iho  double  lim- 
itation of  lime  and  amount  in  ciiko  of  credit? 
They  are  not  ;  they  may  ojc«;eod  sixty  ilays' 
tiiiK^,  and  bo  loss  than  one  hnndiod  dollaiM  !  f). 
Aro  they  limited  to  tho  niinimnm  sixe  of  livo 
dollars  /  Not  at  all  !  (\.  Aro  they  siibjoot  to 
the  supervision  of  the  Sociolary  of  the  TreiiKiiry  'I 
Not  in  Iho  least!  7.  The  prohibition  against 
suspending  specie  paymonls?  Thoy  are  not 
siibjoct  to  it !  H.  The  penalty  of  double  inlonHt 
for  delayed  paymont  l  Not  subject  lo  it !  '.). 
Aro  thoy  payalile  whoro  issued  V  Not  at  all, 
neither  by  their  own  terms,  nor  by  any  law 
applicable  lo  thoin!  |t>.  Are  they  payable  at 
other  branohos  7  So  far  from  it.  that  they  wiio 
invented  to  avoid  such  payment !  i  I.  Ai'o  they 
transferable  by  delivery  7  No;  by  imloise- 
iiiont !  12.  Aro  they  receivable  in  payment  of 
public  duos  7  S((  far  from  it,  I  hat  tla^y  aro  twice 
ex<!tnded  from  such  |iaymonts  by  positive  oiiact- 
nionts  !  I.'!.  Are  the  directors  I iabh^  fiir  oxcch- 
sivo  issues  7  Not  at  all !  1 1.  Has  the  hohlor  a 
right  to  sue  at  the  branch  which  issues  tho  order? 
N'o,  sir,  ho  has  a  right  to  go  to  I'hiladclphia,  and 
sue  the  dire<'tors  there  I  a  right  about  e(|nivalont 
to  the  privilege  of  going  to  Mecca  to  sue  the 
siic«!essors  of  Mahomet  for  the  bones  of  tho 
prophet  I  Fourteen  points  of  <.ontrariety  and 
dill'erenco.  Not  a  feature  of  the.  charter  in  tho 
faces  of  these  onlors.  Every  mark  a  contrast; 
every  lineument  acontradii;tion  ;  all  annonncing, 
or  rather  denouncing,  to  the  world,  the  positive 
fact  of  a  KpurioiiH  nrogeny  ;  the  incontestable 
evidence  of  an  illegitimate  and  bastard  issue. 

"  I  have  now,  Mr.  I'resident,  brought  thiH 
branch  bank  currency  to  the  tost  of  several 
provisions  in  the  charter,  not  all  of  them,  but  a 
iew  which  are  vital  and  decisive.  Ihe  currency 
fails  at  every  lest;  and  upon  this  failure  I  pre- 
dicate 111  argument  of  its  total  illegality.  Tliim 
far  I  have  siioken  upon  the  charter,  and  havu 
proved  that  if  this  currency  can  prevail,  that 
iiiKtrumcnt,  with  all  its  lestrictions  and  limita- 
tions, its  jealous,  prohibitory  constitution,  and 
multiplied  enactments  for  the  safety  of  the  public, 
is  nothing  but  a  blank  piece  of  paper  in  the  lianda 


222 


THIRTY  YEARS'  VIEW. 


'I 


*  « 


1H 


I 
iiil 


,U' 


)!' 


.'I 


of  tlie  hank.  T  will  now  liave  reconrse  to  aiiotlicr 
class  of  nrifuinents — a  cliiss  extrinsic  to  the  char- 
ter, but  close  to  the  fitihject — indispensable  to 
fair  examination,  and  directly  bearing  upon  the 
illegal  character  of  this  currency. 

"  1.  In  tlie  first  place,  I  must  insist  that  these 
orders  cannot  possibly  serve  for  currency,  be- 
cause they  are  subject  to  the  law  of  inilorsabic 
paper.  The  law  which  governs  all  such  paper 
IS  too  universally  known  to  be  enlarged  upon 
here.  Presentation  for  acceptance  and  payment, 
notice  of  default  in  cither,  prompt  return  of  the 
dishonored  paper;  and  all  this  with  rigorous 
pimctuality,  and  a  loss  of  recourse  for  the  slight- 
est delay  at  any  point,  are  the  leading  features 
of  this  law.  Now  it  is  toe  obvious  that  no  paper 
subject  to  the  law  of  indorsement  can  answer 
the  jmrposes  of  circulation.  It  will  die  on  the 
hands  of  the  holders  while  passing  from  one  to 
another,  instead  of  going  to  the  place  of  paj'- 
nient.  Now  it  is  incontestable  that  these  orders 
are  instruments  negotiable  by  indorsement,  and 
by  indorsement  alone.  AVhether  issued  under 
the  charter,  or  under  the  general  laws  of  the 
land,  they  are  still  subject  to  the  law  of  indors- 
able  paper.  They  are  the  same  in  either  case 
as  if  drawn  by  one  citizen  upon  another.  And 
this  is  a  point  which  I  mean  to  make  clear :  for 
many  worthy  people  believe  there  is  some  pe- 
culiar law  for  bank  paper,  which  takes  it  out  of 
the  opernHon  of  the  general  laws  of  the  land. 
Not  so  the  fact.  The  twelfth  fundamental  ar- 
ticle of  the  bank  constitution  declares  that  the 
bills  or  notes  to  be  issued  by  the  bank  shall  be 
negotiable  in  the  same  manner  as  if  issued  by  a 
private  person  ;  that  is  to  say,  those  payable  to 
a  named  person  or  hiii  oiiler.hy  iiulorseinent, 
in  like  manner  and  with  the  like  effect  as  foreign 
bills  of  exchange ;  and  those  made  payable  to 
hearer  shall  be  negotiable  by  delivery  alone  ; 


in  the 
dollar. 


same  manner,  we  may  add,  as  a  silver 


So  much  for  these  orders,  if  drawn  under 
the  charter ;  if  not  drawn  under  it,  they  are  then 
issued  under  the  general  law  of  the  land,  or  with- 
out any  law  at  all.  Taken  either  under  the  charter 
or  out  of  it,  it  comes  to  the  same  point,  namely, 
that  these  orders  are  subject  to  the  same  law  as  if 
drawn  by  one  private  person  upon  another.  This 
is  enough  to  fix  their  character,  and  to  condemn 
them  -Ai  a  circulating  medium ;  it  is  enough  for 
the  people  to  know ;  for  every  citizen  knows 
enough  of  law  to  estimate  the  legal  value  of  an 
unaccepted  order,  drawn  upon  a  man  live  hun- 
dred or  one  thousand  miles  otF!  But  it  has  the 
word  hearer  on  the  back  !  Yes,  sir,  and  why 
not  on  the  face  as  easily  as  on  the  back?  Our 
school-time  acquaintance,  Mr.  President,  the 
gentleman  from  Cork,  with  his  coat  buttoned 
behind,  had  a  sensible,  and,  I  Avill  add,  a  lawful 
reason  for  arraying  himself  in  tliat  grotesque 
habiliment ;  but  what  reason  can  the  bank  have 
for  putting  bearer  on  tlie  back  of  the  order, 
where  it  has  no  ellect  upon  its  negotiable  cha- 
racter, and  omitting  it  on  the  face,  where  it 
would  have  governed  the  character,  and  secured 


to  the  hohler  all  the  facilities  for  the  prompt 
and  easy  recovery  of  the  contents  of  a  paj)er 
transferable  by  mere  delivery  ?  The  only  effect 
of  this  preposterous  or  cimning  indorsement 
must  be  to  bamboozle  the  ignorant — pardon  tho 
low  word,  sir — to  bamboozle  the  ignorant  with 
the  belief  that  they  arc  handling  a  currency 
which  may  at  any  time  be  collected  without 
proof,  trouble,  or  delay ;  while  in  reality  it  is  a 
currency  which  reserves  to  the  bank  all  the  legal 
defences  which  can  be  set  up  to  prevent  the  re- 
covery of  a  parcel  of  old,  unaccepted,  unpresented, 
unauthorized  bills  of  exchange. 

"  2.  I  take  a  second  cxcei)tion  to  these  orders 
as  a  currency.  It  is  this,  that  being  once  paid, 
they  are  done  with.  A  note  transferable  by 
delivery,  may  be  reissued,  and  its  jjayment  de- 
manded again,  and  so  on  forever.  IJut  a  bill  of 
exchange,  or  any  paper  subject  to  the  same  law 
with  a  bill  of  exchange,  is  incapable  of  reissue,  and 
is  pa3-able  but  once.  Tho  payment  once  made, 
extinguishes  the  debt ;  the  paper  which  evidenced 
it  is  dead  in  law,  and  cannot  be  resuscitated  by 
any  act  of  the  parties.  That  payment  can  bo 
plead  in  bar  to  any  future  action.  This  law 
applies  to  checks  and  orders  as  well  as  to  bills 
of  exchange ;  it  applies  to  bank  cheeks  and  orders 
as  well  as  to  those  of  private  persons,  and  this 
allegation  alone  would  anniliilate  every  preten- 
sion of  these  branch  bank  orders  to  the  character 
of  currency. 

"The  bank  went  into  operation  with  the  be- 
ginning of  the  year  1817  ;  established  eighteen 
branches,  half  a  dozen  of  which  in  the  South 
and  West ;  issued  its  own  notes  freely,  and 
made  large  issues  of  notes  payable  at  all  these 
branches.  The  course  of  trade  carried  the 
branch  notes  of  the  South  and  AVest  to  the 
Northeast ;  and  nothing  in  the  course  of  trade 
brought  them  back  to  the  West.  They  were 
payable  in  all  demands  to  the  federal  govern- 
ment ;  merchants  in  Philadelphia,  New-York, 
and  Boston  received  them  in  payment  of  goods, 
and  gave  them — not  back  again  in  payment  of 
Southern  and  Western  produce — but  to  the 
collectors  of  the  customs.  Become  the  money 
of  the  government,  the  bank  had  to  treat  them 
as  cash.  The  fourteenth  section  of  the  charter 
made  them  receivable  in  all  payments  to  the 
government,  and  another  clause  required  tho 
bank  to  transfer  the  moneys  of  the  government 
to  any  point  ordered ;  these  two  clauses  (the 
transfer  clause  being  harmless  without  the  i-e- 
ceiving  one  contained  in  the  fourteenth  section) 
laid  the  bank  under  the  obligation  to  cash  all 
the  notes  of  all  the  branches  wherever  present- 
ed ;  for,  if  she  did  not  do  it,  she  would  be  or- 
dered to  transfer  the  notes  to  the  place  where 
they  were  p<ayable,  and  then  to  transfer  the  sil- 
ver to  the  place  where  it  was  wanted  ;  and  both 
these  operations  she  had  to  perform  at  her  own 
expense.  The  Southern  and  Western  branch 
notes  flowed  to  the  Northeast ;  the  gold  and 
silver  of  the  South  and  West  were  ordered  to 
follow  them ;  and,  in  a  little  while,  the  specie 


I 


ANXO  1832.    ANDREW  JACKSON,  PRFSIDENT. 


223 


for  the  prompt 
Diits  of  II  pa|)cP 
The  only  effect 
ig  indorsement 
mt — pardon  the 
le  ignoi'ant  with 
inp  a  currency 
)llected  without 
in  reality  it  is  a 
mnk  all  the  legal 
1  prevent  the  rc- 
ted,  unpresentcd, 

I  to  these  order3 
being  once  paid, 
transferable  by 
its  j)ayment  dc- 
■r.     lUit  a  bill  of 
to  the  same  law 
hie  of  reissue,  and 
nent  once  made, 
•whicii  evidenced 
e  resuscitated  by 
payment  can  be 
iction.     This  law 
s  well  as  to  bills 
ehceks  and  orders 
persons,  and  this 
lite  every  prcten- 
is  to  the  character 

ition  with  the  bc- 
ibli«hed  eighteen 
ch  in  the  South 
lotes  freely,  and 
yablc  at  all  these 
nule  carried  the 
nd  AVest  to  the 
e  course  of  trade 
est.    They  were 
!  federal  govern- 
phia,  New-York, 
iiyment  »)f  goods, 
in  in  payment  of 
ice— but  to  the 
:ome  the  money 
ad  to  treat  them 
tn  of  the  charter 
layments  to  the 
se  required  the 
the  government 
[wo  clauses  (the 
without  the  re- 
lirteenth  section) 
ation  to  cash  all 
[herever  prescnt- 
;he  would  be  or- 
the  place  where 
transfer  the  sil- 
luited ;  and  both 
Fform  at  her  own 
JWestern  branch 
It;  the  gold  and 
Iwerc  ordered  to 
Ivhile,  the  specie 


( 


of  the  South  and  West  was  transferred  to  the 
Northeast ;  but  the  notes  went  faster  on  horses 
and  in  mail  stages  than  the  silver  could  go  in 
wagons ;  and  the  parent  bank  in  Philadelphia, 
and  the  branches  in  New-York  and  Uoston,  ex- 
hausted by  the  double  operation  of  providing 
for  their  own,  and  for  S(juthern  and  Western 
branch  notes  besides,  were  on  the  point  of  8toj>- 
ping  payment  at  the  end  of  two  years.  Mr. 
Cheves  then  came  into  the  presidency  ;  he 
stopped  the  issue  of  Southern  and  Western 
branch  paper,  and  saved  the  bank  from  insol- 
vency !  Application  was  then  made  to  Con- 
gress to  repeal  the  fourteenth  section  of  the 
charter,  and  thus  relieve  the  bank  from  this 
obligation  to  cash  its  notes  every  where.  Con- 
gross  refused  to  do  so.  Application  was  made 
at  the  same  time  to  repeal  a  part  of  the  twelfth 
fundamental  article  of  the  constitution  of  the 
bank,  for  the  purpose  of  relieving  the  president 
and  principal  cashier  of  the  parent  bank  from 
the  labor  of  signing  the  five  and  ten  dollar 
notes.  Congress  refused  that  application  also. 
And  here  every  thing  rested  while  ]Mr.  Cheves 
continued  president.  The  Southern  and  West- 
ern branches  ceased  to  do  business  «s  6a  hA's; 
no  bank  notes  or  bills  were  seen  but  those 
bearing  the  signatures  of  the  president  and  his 
principal  cashier,  and  none  of  these  payable  at 
Southern  and  Western  branches.  The  profits 
of  the  stockholders  became  inconsiderable,  and 
the  prospect  of  a  renewed  charter  was  lost  in 
the  actual  view  of  the  inactivity  and  uselessness 
of  the  bank  in  the  South  and  West.  Mr.  Cheves 
retired.  He  withdrew  from  an  institution  he 
had  saved  from  bankruptcy,  but  which  he  could 
not  render  useful  to  the  South  and  West ;  and 
then  ensued  a  set  of  operations  for  enabling  the 
bank  to  do  the  things  which  Congress  had  re- 
fused to  do  for  it ;  that  is  to  say,  to  avoid  the 
operation  of  the  fourteenth  section,  and  so  much 
of  the  twelfth  fundamental  article  as  related  to 
the  signature  of  the  notes  and  bills  of  the  bank. 
These  operations  resulted  in  the  inventiop  of 
the  branch,  bunk  orders.  These  orders,  now 
flooding  the  country,  circulating  as  notes,  and 
considered  every  where  as  gold  a'-;l  silver  (be- 
cause they  are  voluntarily  cashed  at  several 
branches,  and  crroneoushj  received  at  every 
land  office  and  custom-house),  have  given  to 
tlie  bank  its  present  apparent  prosperity,  its 
temporary  popularity,  and  its  delusive  cry  of  a 
sound  and  uniform  currency.  This  is  my  nar- 
rative ;  an  appalling  one,  it  must  be  admitted ; 
but  let  it  stand  for  nothing  if  not  sustained  by 
the  proof. 

"  I  have  now  established,  Mr.  President,  as  I 
trust  and  believe,  the  truth  of  the  first  branch 
of  ray  proposition,  namely,  that  this  currency  of 
branch  bank  orders  is  unauthoriz-ed  by  the 
charter,  and  illegal.  I  will  now  say  a  few  words 
in  support  of  the  second  branch  of  the  proposi- 
*.ion,  namely,  that  this  currency  ought  to  be 
suppressed. 

"  The  mere  fact  of  the  illegality,  sir,  I  should 


hold  to  he  siifllcient  to  justify  this  suppression. 
In  a  country  of  laws,  the  laws  siiould  bo 
obeyed.  No  private  individual  should  bo  al- 
lowed to  trample  them  under  foot ;  much  less 
a  public  man,  or  public  body ;  least  of  all,  a  great 
UK. .eyed  corporation  wielding  above  one  hun- 
dred millions  of  dollars  per  annum,  and  boldly 
contend!  ig  with  the  federal  government  for  the 
sceptre  of  political  power — monrij  is  power! 
The  Bank  of  the  United  States  possesses  more 
money  than  the  federal  government ;  and  the 
question  of  power  is  now  to  be  decided  between 
them.  That  question  is  wrapped  up  in  the 
case  before  you.  It  is  a  case  of  clear  conviction 
of  a  violation  of  the  laws  by  this  great  moneyed 
corporation ;  and  that  not  of  a  single  statute, 
and  by  inadvertence,  and  in  a  small  matter, 
which  concerns  but  few,  but  in  one  general, 
sweeping,  studied,  and  systematic  infraction  of 
a  whole  code  of  laws — of  an  entire  constitution, 
made  for  its  sole  government  and  restraint — and 
the  pernicious  eifects  of  which  enter  into  the 
revenues  of  the  Union,  and  extend  themselves 
to  every  moneyed  transaction  between  man  and 
man.  This  is  the  case  of  violated  law  which 
stands  before  you;  and  if  it  goes  unjuinished, 
then  do  I  say,  the  question  of  jiolitical  power  is 
decided  between  the  bank  and  the  government. 
The  question  of  supremacy  is  at  an  end.  Let 
there  be  no  more  talk  of  restrictions  or  limita- 
tion in  the  charter.  Grant  a  new  one.  Grant 
it  upon  the  spot.  Grant  it  without  words  ! 
Grant  it  in  blank  !  tosr.ve  the  directors  from  the 
labor  of  re-examination !  the  court  from  the  labor 
of  constructions !  and  yourselves  from  the 
radation  of  being  publicly  trampled  under  foot. 

"I  do  insist,  Mr.  President,  that  this  currency 
ought  to  be  suppressed  for  illegality  alone,  even 
if  no  pernicious  consequences  could  result  from 
its  circulation.  But  pernicious  consequences  do 
result.  The  substituted  currency  is  not  the 
equivalent  of  the  branch  bank  notes,  whose 
place  it  ha.s  usurped :  it  is  inferior  to  those 
notes  in  vital  particulars,  and  to  the  manifest 
danger  and  loss  of  the  people. 

"  In  the  first  place,  these  bianch  bank  orders 
are  not  payable  in  the  Stat(S  in  which  they  are 
issued.  Look  at  them !  they  are  nominally 
payable  in  Philadelphia !  Look  at  the  law ! 
It  gives  the  holder  no  right  to  demand  their 
contents  at  the  branch  bank,  until  the  order  has 
been  to  Philadelphia,  and  returned.  1  lay  no 
stress  upon  the  insidious  circumstance  that  tliese 
orders  are  now  paid  at  the  branch  where  issued, 
and  at  other  branches.  That  voluntary,  delu- 
sive payment  may  satisfy'  those  who  are  willing 
to  swallow  a  gilded  hook ;  it  may  satisfy  those 
who  arc  willing  to  hold  their  property  at  the 
will  of  the  bank.  I  or  my  part,  I  want  law  for 
my  rights.  I  look  at  the  law,  to  the  legal 
rights  of  the  holder,  and  say  that  he  has  no 
right  to  demand  payment  at  the  branch  which 
issued  the  order.  The  present  custom  of  paying 
is  voluntary,  not  compulsory  ;  it  depends  upon 
the  will  of  the  bank,  not  upon  law ;  and  none 


«»<] 


TmUTY   MARK  VIIW 


\\u{   (\ri\n)'<  run  rri|nin<,  or  kIi\uv'«  milxnH  Id,  n    )ii\<s>iil.     'Dio  \i'li>  inrnsnivi'  |tnl  nii  rinl  In  flm 

frn.nv  n\   \\\\\.      nicpo   oniric  ivrn  it.ltnillinu    rliiiil.  r  mi.l  lot  |lii>  i ».Hi(v  ..f  )»i.'  ivni.'tiv  In 

(•inn  (it  l>«'  It'i'iil,  nw  i>iil\   iiinMl<lt'  in  ritilrulrl      ,,    ,  ,         •    ,  .1  .1       1        i  1  1 

jiliiii ;  Hiitl  III  )li't)iin)il  |>ii\n<rnl   llii'ir,  Is  11  ili-In  '  ' 

m\i>  nii.l  (I'l/'o..   ...iW.   >',,:/!/.     I -1  lli.-  I.,hIv  oj    "P  ''I  '""'"'   iit^-lil'tli'Mi^*  »>i'l  I'Hvnl.-  ImhiU.'Im  In 

Jill'  i'iii«iM>mi«i\)ii>l  I'lt  lit  ri\itiiili'l|>lni«  l">  I'll  till'    llii'  Siiilci,  iinil  Ikhimih'  nil  nltnm'  wlilcli  n'tjiiiri'i 

lOiiuip' fitr  ll\o  Bnuill  onliTu  ;  inri'i'liiinlN  «ill  nn)    |.\(iiii||(i,in, 

irniil  lluMii ;  lln'\  XMMiliI  MH  soiin  i't»n\  np  Mh' 

lli\><i  111' hfll  li>  rlnliiili't|i|>in  ;  I'nf  I'll' ImiiK  wiiiilil  

ion'«i)',i>  tlicm  111  mill  ir()ii'>  «liil  Tlu'-t'  hhIcim 
i»i>'  I'liv  lite  riiindiTN;  mill  it  11  iniiilc  (In' iiili'ii'»< 
iiii'l  llio  (iiijii'v  I'l'  iiii'iiliiinl'*  111  Ii'H\i'  lliriii  III 
liiinii'  mill  |:iKi'  It  liill  nl"  i'\i'liini)',v  i»l  ii  iiniiiinul 
)iM'miiMii  HimKi'is  nlinu'  «ill  i'm  r  nu r\  iIhiii,  j 
mill  (lin(  ii''  (lu'ir  nwn,  iiOrr  Inning  lliriti  mil  ol* 
(ho  li!*!!.!'.  i>r  ()ii<  jiciiplo  III  11  ilisi'unnl  llxi'il  li_v 
(liiin>.rl\V'<.  ! 

"  Tliin  iiMilriviuuii,  Ml.  l'i"('Hiili'ii(,  of  Ksiiln|v 
IvinK  |v.|iir  •il  inio  plui't',  |m\:ilili'  til  iniiilliiT  mnl 
!l  ilis(:liil  I'l.iri',  is  iiiil  n  III'"  lliill",  niiilrr  Ilii' 
siin  ;  Iml  iix  •^iii'i'i'^h,  il'  il  i«iii'i'i'riN  li-io,  will  lii> 
«  iiiw  (Iniiu  ill  till'  liistin-y  iif  l'!ii\Kii»^',.  Tliii^ 
iMiilnviiiuN',  i«ir,  is  111' KiiiM|n'(iii  ininin.  \i  ln'uiiii 
(n  SiMlliiuil  MHiii'  xi'.'ii'M  »nii,  >Ml)i  II  IviiiIm'I'  in' 
J/vn/i  (••),«  liii  i,«Mi«'il  |inMiiixHor\  noli"*  |i.'i\i» 
Ml'  in  /..I  hl,'-i.  '\'\wn  Ow  lliniK  ol'  In'liiinl  sii 
lu'i  |i|-:ini'ln"<  ill  Ni'ii.'.',  ( 'I'f -V,  mill  /^/^^^7,  ill  tin- 
'..iiiii'  «i'i-K  ;  mill  llii'x  ni!iili'  (lii'ir  luimi'h  iiii(('>t  [ 
p,i\  iiMi' III  Ihi.'li'i.  r1ii' Kiij'.li'-li  ri'nn(r\  litiiiKors 
i.mK  ilio  linil,  iiiul  put  mil  tlu'iv  iinlcs  pnyiilili' 
in  l.-'il-  Till'  iinvi  ot'  tliv'M'  noil's  «i'ivol'] 
ilio  vinillrr  ili-noininiiliiMis,  0110  ov  (wo  piuimls 
•■ti'ilm;'.  ronx'sponiiino  witli  imiv  (iv>>  iiiiil  Irii 
iloll.ir  ovitiTs;  siu-li  tis  \\i-i\>  Imniili'il  l'\  llio 
lil'i'iuij;  il.'i'o.V'*.  .iiiil  will!  riiiil.l  iii'Xi'i-  i'.iu\ 
('ii'in  (o  /.,";. /.I',  .'iHil  />■<,'>/;)  to  ili'iw.'iiiii  (lu'ir 
iMnlini-^.  At  tliis  point  (lio  Uvilisli  Inipoii.il 
(\u-liMiiuMi(  took  iMcnir.'iiiiN'  of  (lio  iiiiidov; 
livstt'il  tho  isvno  ol"  mii-Ii  notos  as  a  vioious 
piai'iiiw  \iolali\v  of  ll>o  x«'r\  ru--t  iili-n  of  n 
voun.l  onin-nov,  aiiiJ  iviitii'ul.ul}  il:>i\i:\'iMUs 
to  (!io  l;iKNvin;;-  ola>sos.  I'lio  pavlianu'iit  s\ip 
jMv-soil  tlio  praolnv.  This  all  liapiviiiil  in  (lio 
yoar  IS'^ii;  anil  now  tins  pnu'tiiv,  thus  snp- 
pivssoil  in  /.'wi'7.>  )./,  vVivV/i>  il/.  aiiil  Itvlitnil,  is 
in  t'nll  ojvmtion  in  onr  X^nrjii-ii .'  n\\\\  (ho  ili- 
r»v(oi-s  ol"  tho  Hank  of  tho  I'nili^l  Stalos  aiv  ' 
ivli-hratoil,  as  (ho  i:ivatos(  of  (I'lanoiois.  for 
piokmo:  lip  an  illoinO  prai'tiiv  o(  Si\>tti.-h  ovir.in, 
aiiil  pnttinsi  i(  into  ojvration  in  tlio  I'niloil 
States,  aiiii  tliat,  (>v^,  in  tho  vow  joar  in  whiv'h 
It  \v»,s  snppn'ssoil  in  (ii>\n(  UritainI"  ! 

Ia\avo  \x»s  not  civon  to  iiKnvhuv  (ho  joint 
resolution.  Tlio  tVioiiiis  of  tho  Kank  Iving  n 
m.^joril}  in  1I10  Sonato.  n'rnsol  tho  inoiion.  hnt 
toll  thoms*lvos  K^ul1^^  to  mako  lU'toiivV  t"ov  a 
onrrvivy  j^i  illoii-al  «nd  Tioions.  V'nrthor  disoiis- 
sion  \r«.s  stopjwl  t"or  that  tinio;  but  att'Twanis, 
on  tho  quosiion  of  tht>  nvhartor.  tho  illopility 
of  this  kind  of  onnvnoy  wti5  fnl'.y  ost*Mish»Hj. 
»n»l  •  clause  fmt  into  t^H?  noir  charter  to  sup- 


('  II  A  I'TKIt     l.XI. 

MJUOIl  HI'  MuN'^    |i|'   nuijll  \  11  IK  IN  HM.AIiON 
111    llli;    IIVMv    HI      nil.    I MIKII    Hl'.VIKM,    llllii 

rm,HM)i.M'.  ,\Ni<  Till.;  rini-i  v., 

Tiiv  llml  ini"i'i«pi  (if  Pit";iili'nl  .InrKmiii,  do- 
livi'ii'il  III  llic  I'nniini'iii'rinriil  of  llio  Hi'i'-jinn  of 
IS'Jl'  ."ii\  conllini'il  llii'  luipi"v  n  hifh  till' ili'iiiiio- 
inoy  hiiii  pliii'i'il  ill  liiiii.  It  miin  n  ni<"4Mii^ii  of 
l)i<>  .It'tli'iMiniaii  mIiooI,  ami  i«>  I'KtaliKsliiil  llio 
laiiil  iiiaik'^  of  pin  I  \ ,  as  pailit"<  wcii'  «l;t'ii  fnninl- 
I'll  on  pi.ni'iplc.  IIh  siilionl  puinl  « ii-^  (lio  Hunk 
of  (lie  rnilcii  SIhIom,  niiii  Ilio  iion  ii'ih-hiiI  nlilH 
oliiiilor.  lli'xniH  opposi'd  lo  llio  ri'iii'iMil,  linlli 
on  |:i>MiniU  of  ooii'^lilnlionnlily  ami  I'Npriiiciii'y  ; 
ainl  look  (Iii'ii'aih  oppoiliinily  of  s-o  ilci'liiriii^, 
liolli  lor  till'  iiili'i  mill  ion  of  (ho  pi'iipli'.iiiui  ol'llni 
insliintion.  tlnil  oaoli  ini^tlil  know  wliiil  llu'V  hiui 
to  11'ly  11)1011  wiih  ii'spoi'l   to  him.     Mo  saiil: 

"  Tho  oharlor  of  llio  Hank  of  Ihc  I'niloil  SIhU'H 
o\pii>'s  111  IS. Ill,  mill  its  .><liii'klui|i|i'rs  \mII  proli- 
aliiy  apply  for  n  ii'iiowiil  of  (lioir  pii\il('!',i's.  In 
oiiior  (o  lipoid  (lie  o\ils  rosiillini;  (Voin  pii'i'ipi« 
(iinoy  in  a  iiic .  iiv  iiivolviiim  mioIi  iinpoilant 
piiinililos.  mill  muIi  (loop  ptciiniary  iiiIohhIs,  I 
I'lvl  thai  I  oniniol,  injiislioo  to  Iho  pailios  iiilcr- 
osl Oil.  loo  soon  pii'M'iil  It  lo  (ho  ilcliln'riilo  0011- 
siiloiTXion  of  till' louislaliiiv  anil  (lu'pooplo.  Ilolh 
(ho  »Miis(itn(ioii«li(>  ami  (ho  cxpodii'iioy  «»f  llu> 
law  oivHtiiu:  this  hank  iviv  woll  (jiii'.'^lioiu'il  liy  n 
laip'  portion  of  our  follow  vil  irons;  ami  il  iiiiist 
So  ailiniKoil  hy  all  (hnt  it  has  failod  in  Iho  ^ronl 
oiiil  of  oslahlishing  a  iinifonn  luul  soiiiul  oiir- 
ixMicy." 

This  jvisstigv^  WHS  tho  grand  foudiivof  tlio  mos- 
«\gv.  rising  alnivo  jnxHXHk'nl  and  jndioial  dooisions, 
gxiing  hrtck  to  tho  «>»iistitnlion  and  (ho  ('oniidn« 
(ion  of  party  on  priui-iplo;  and  risking  a  oonlost 
at  tho  vMininoiuvmont  of  his  adiniiiist ration, 
which  a  mojv  politician  would  havo  jnit  olV  (o  Iho 
hist.  Tho  Snpivnio  t.\inrt  hud  divided  in  favor 
of  (ho  iMnstitntionality  of  (ho  institution;  a  do- 
nnvra(io  l\Mign^ss,  in  chartering  a  swoiid  hank, 
had  yioUUnt  (ho  ijuoiiliou,  both  of  coiistitutiouiUity 


ANNO  \H'.\%     ANKIIKW  .IA(!KMoN.  rUIHIHKNT. 


225 


nil  iiiil   •"  •'"♦ 

I  III'  min'il.v  in 

liim  Ih'cii  tnkfii 

ivmIi<  liiinUi'iM  in 

\v1ii«'l«  nMHiiit<« 


XI. 

.MCIN  HI  I.ATION 
Kl>   Kl'ATi:**.   riih 


III  .l«i'l»son,  ill'- 
>r  ()u>  m"<«iiii\  i»r 
,\liiil»  (lie  (li'inm* 
im  II  nif^Miinv  of 
,.  |.h(iiIiIIs1hiI  Hip 

\\^'^V  Mlil'llllMnnl- 
illl  WHS  <ln«  HlUlU 
mil  n'lioviil  of  ilH 
Mi«<  nni'MiU.  Ii«>ll> 
nml  oxi'iMlii'iii'V  J 

V  of  so  iliM'I;\nn|r, 

(H'Oplo.llll'l  I'l'  till' 

<\v  wlirtt  lli«7  liiiil 
iiii.     llosiiiil: 

(l\.>ri\il<'ilStn(o« 
u»lil.M swill  |><o*> 
ii    iiii\ilo!!,i's.     In 
iiii;  iVoiu  |mri|>u 

V  sm-li   i»nn)r(Hut 
[uiinn-  nitoii-sis,  I 

(lio  i>m(i»'s  iuliT- 
lu>  »li>lilH'rH<»'  I'l'ii- 

|ll\ov*''M''''-  ''"''* 
[xpoiliiMu'V  «»r  llu' 
I  (jiioslionoil  I'V  ft 
'ons ;  uuil  il  '»»">•< 
Iruiloil  in  till'  Hi'«"»^ 
anvl  sound  ovir- 

i<«tuivor»l\o  n\os- 
I  judiiMal  iU<i-isioiis. 
nnil  (ho  tonnila> 
risking  n  omiIosI 
lis  rtilniinistrivtion, 
|\:uo  i>»>t  olV  to  tho 
(KviiU'il  in  Invor 
Institution;  n  <ii'- 
Ijl  a  sivonil  linnk, 
■  couslituliouality 


finil  i'X|H'i|ii>hi'v.  |M|.  MmiIImiiii,  ill  Mioniii^  llii> 
liuiik  rliinli'i  ill  IHJII,  yii'lili'l  I"  Hi*'  iiiilliitiiliiM 
wIIIkmiI  MiiiK'iiili'iini!;  liii  ronvirliiiiiH.  Iliil  llic 
.-«lll>rt  nik'<  Mil'  )>iiiiii'  ill  li<-liiiir  III'  llti>  iiislilnliiiii, 

mill  ll);IIIM^4<    III"  <'<l||still|lillll,  Mini    ii^viiii'^l   llii>  III 

(I'^iily  iil'iiHily  i'oiiiiilt'il  ml  |iiiiii  i|)ti'.     Il  lliii'W 
ilowii  lli<>  (CI'I'iiIi'mI  IiiiiiIiiiiii  K  Ml'iiiiily,  Mini  yiiiil 
«'il  II    |i<i\vrl   ol    riiliHlllli'lion   wllii'll     llilllilliil    l||i' 
lilllilMliolls  ol'  llio  roMMliliilioii,  Mini  li'H.  ('iili^inHH 
nl  lilx'Tly  lo  pii'^M  itiiy  liiw    wliirli   il  iIo'Iik'iI  iir 
fVK^iMy  lo  niny  iiilo  cIUmI   (iiiy  I'liiiili-il  |iii\vii. 
'riii<   wliolii   ni'[:^iiini>iit  I'or  llii>  luinK  'iiiiimI  ii|miii 
(IlK    woni  "  lincMSMiy  "   III    llif  i'IhI  III'  llu-   rini 
niiM'uli'il  iMiwriM  |!,i'iitili<il  III  riiii|.rirHM ;  iiinl  yjwi' 

riNI>     III     llll<      lllxl     (rii'lll     llivlHillll     III'     pMllil'M     ill 

WnHliinnloii'H  liiiii"     llio  I'l'ili'iiil  pHily  Iwliim  for 
(Iii<  niiiHlnii'lioii   wliirli  vvoiiM  itiillioii/,i'  ii.  nil 
(ioniil   liMiiK  ;  llii<  ili'iiiociulii'  |iitily  (it'|iiililirivii, 
•N  llu'ii  nilii'il  )  lM<iii)(  ii^iiitisl  il. 

It  wiiM  nol  iiH'i't'ly  llii'  liiiiik  wliicli  Hic  ilrnioc 
rnoy  ()|i|io  .nl,  Iml  llii>  liililinliiiiiiiiiii  ioiikIhic 
(ion  wliii'li  would  iiiillioti/i>  il,  mimI  wliirli  woiiM 
I'linlilo  Coii^irNM  to  Miilisliliili<  ils  own  will  in 
oIIhm'  imiki'm  lor  tlio  wonls  ol'  llio  riinsliliilioii,  iinil 
do  wliiil  il  |ili'iisi'd  iindrrllii'  |ili'it<ir"iinTHHMiy  " 
-  II  )ilri)  niidiM'  wliii'li  llicy  wmild  Im<  Irl'l,  kh  iiiiirli 
to  llu'ir  own  will  iim  inidrrllio  "^f^'ln<rMl  wtUnn"" 
i<liitisi>.  II  wiiM  lli(>  liirnin^  iioiiil  lii<Uvfi<n  ii 
slroii|.!;  mid  H|ili'iidid  ^ovcrniiii'iil  on  <)iii>  Hido,  ilo- 
\i\^  wluil  il  |ili'iiM'd,  mid  II  |ilnin  cronoiiili'td 
pivcrniniMil  on  llii>  oilier,  liiniii'd  liy  a  wiilliii 
ronslililnlioii.  'I'lir  ronsl.rncliun  wmm  IIii<  iiiiiin 
|ioinl.  Inrnnso  it.  niiido  a  gap  in  tlio  coiiKhlnliiiM 
t.lnoiifrli  wliicli  CoiiKrcNM  could  |ihsh  iiiiy  oilier 
nu'«nnri's  wliii'li  il.  dcenu'il  In  lie  "iiccrKHiiry :'' 
Klill  tlu'io  w('n<  fi:r<<at  olijrcliuim  l.n  (lie  liaiik  il- 
Holl'.  I'!\|iei'ieni'e  Imd  sliown  siii'li  iiii  iiiHliliilion 
(o  III'  II  jiolilieiil  niMcliine,  adverse  to  Tree  jrovern- 
inenl,  iiiin;:liii|!;  in  llieek-elioiiMand  le^isliilion  ol' 
(li(>  eoiinhy,  eoirniitiiit^  lli(<  |iih'hh;  and  exerliiif; 
its  inllniMiee  in  tlie  only  way  known  (o  (lie  mo 
neyed  |)(iwer-  liy  eorrnplion.  (ieiieriil  diuk 
son's  nlijeelioiiH  leaclied  liolli  Ik'imIh  ol' (he  eiiHe 
— tilt'  nnconslilnlioiiality  ol' (lie  lmnk,Miid  its  in- 
rxpcdieiiry.  It  was  a  return  (o  (lie.Ieirersoniiin 
auil  llaniillonian  (inieM  of  (lie  early  udiiiinislra' 
turn  of  (ieiural  Wasliiii^flon,  and  went.  t<»  tlio 
words  of  til'.'  eonslitnlion,  and  not,  (o  (lie  inter- 
]itT(a(.ions  of  its  ndniiiiiHiratorH,  f<ir  its  tiieniiin|j;. 
Siiili  II  !iiessa)j;o,  from  such  a  man — a  man  nol 
njil  to  look  liuck  wlii'ii  ho  had  Kct  his  fm-e  for- 
ward—  eUrlrilied  the   domocralic  spirit  of    the 

Vol.  1.— 15 


iiiiiiili  V.  'I  In-  old  deiiiocniry  I'ell  mm  if  lliey  wire 
III  ^ee  Hie  I'liiiiililiilioti  leHloi'iMl  liefori'  llii'y  died 

III!' yoiiii);,  MM  if  (hey  were  Miiiiiiiiiiiii'd  lolhe  it> 
eiiiisliiielioli  of  till'  woilt  oniii  ir  I'lilherM.  II  wiM 
evident  Hint  a  ^reitl  lonleHl,  won  eomiiiK  "ii,  and 
I  he  (mIiIm  eiiliiely  ii^'iiiietl.  I  he  I'leMidenl.  Oil  llin 
out'  HJde,  llie  iiMillvideil  phiiliiii<i  of  lh(*  federal 
|>iiilv  (fur  lliey  Imd  mil  llien  luluii  llm  name  of 
whi^);  a  lai^e  piiil,  ol  (lie  denioeralir  parl^, 
yielding  to  preiedenl  iind    jiidii  iiil  deeJHion ;  th* 

hank  ilHelf,  with    ilH  roloHiial   liinney  power ilh 

iirniH  ill  every  Sliile  hy  ineauM  of  hrnneheH — lit 
power  over  the  .Slale  liiinkM  IIm  power  over  llin 
ItiminesiH  eoniiiiinilly  over  piihlir  iiieti  who 
hIioiiIiI  lieronie  IIh  dehlorH  or  relHiiierH-  IIm  or- 
^iiiii/.alion  iiiider  a  sini^le  head,  i.'4Hnin((  ila  ordern 

ill  sreiel,  lo  I heyed  III  all    phieen   and   hy  all 

KiihoidinaleH  al  I  he  Kiinie  inoiiienl.  Sim^Ii  was  lli«« 
forini'tnlile  array  on  one  ^Ide:  on  Ihe  olhi'midn 
a  iliviiled  denioiralie  parly,  di^dlearlelled  hy  divi- 
sion, willi  iiolhiiic;  lo  rely  upon  hiillhe  (roi;diieHN 
ol  Iheir  eaiiM',  the  iiirHlii;i-  of  Jinkson'M  luniio, 
and  llio  preMideiilial  power;  iv'od  ii^riiinHt  nuy 
\UUi\r  lesKlhaii  (wo  IhiidH  of  ( 'oiickshoii  Ihellnal 
ipieHlioii  of  llie  re  charier  ;  Inil  I  he  risk  lo  niiioF 
his  non-i'liNilinn  hefore  I  he  Dual  ({iiC'  lion  came  on. 

I'luler  Hiich  circiniiHlaiiie^  il  rii|iiired  a  ^'Ironjf 
Hense  of  duly  in  the  new  I'reHidenlloc'iiiiiiieiicii 
hiH  i!iire<T  hy  riskint^  hiicIi  n  <:ih\U-h{.;  hiil  lie  he- 
lieveil  the  iimliliilioii  l.ohe  niicoiiHliliilioMal  am) 
dunj^eroiiH,  and  Ihal  il  oii(j;lil  lo  cease  lo  rxisl; 
and  there  wa.sa  claiiHeiii  Ihe  coiis^liliilinn  Ihat 
coiiHlilnlion  which  he  had  sworn  lo  siipjiorl — 
which  coninianded  him  to  reeommemi  lo  C'on- 
uresH,  for  lis  coiisideralion,  kiicIi  meaHiire^  nn  ho 
shoiild  deem  expedienl  and  proper,  (iiider  Ihin 
seiiHe  of  duly,  and  under  llie  oliliiralion  of  thin 
oath,  I'residetil  diickHon  had  recommended  lo 
CoiitrrcHS  I.I.e  non-renewal  of  Ihr-  hank  charier, 
and  Ihe  Kuhstitnl.ion  of  a  diH'erenl  (Iscal  nj^ent 
for  Ihe  operalioiiH  of  Ihe  jfoveinmenl-if  any 
such  iij;enl  WMH  reipii red.  And  with  IiIh  (iccii<»- 
loiiied  franknt'SH,  and  the  fairncH-t  of  a  man  who 
has  nothing;;  hiil  Ihe  piihlie  yniti]  in  vicvV,  and 
with  a  di.-tre;.;ard  of  self  which  pennil.s  no 
pei'Honal  coiiHideralion  lo  Hland  in  Ihc  way 
of  a  diHcharf>;e  of  a  puhlic  duly,  he  mode  the  rn- 
coinniendalion  six  years  In-fore  Ihe  exfiiralion 
of  IlifM-harter,  and  in  Ihir  llrsl  mcssai^e  of  hJB 
llrst  term;  therrhy  taking  upon  his  hands  .sudi 
an  enemy  as  the  iSank  of  the  L'nited  SlatcH.  af 
the  very  commenceinent  of  his  adnjiniHtratiolk 


# 


226 


TIIIUTY  Tl'ARH*  VIKW. 


That  Hiicli  a  nrdiniiiciiilutionuguiimtsiicluiii  iii- 
Ktitution  nIioiiIiI  lniii);  iipun  tlio  Pr<>Hiil(>iit  and 
his  Hii|i|iortfrs,  vidlcnt  uttiuKH,  both  |N-rs(>iial 
and  |)()litical,  uilli  unui^iiincnt  of  motives  mm 
well  a«  of  ri-anons,  waH  iiutiirully  to  li(>  ox|n'cti'd; 
and  that  cxin-ctalion  was  l>y  no  means  disnp- 
pointi'd.  Holli  lu>  and  tliey,  durinj;  tlio  K'ven 
years  tlul  llie  Imnk  eontest  (in  dillerent  forms) 
prevailed,  received  from  it — fit)m  the  news|iaper 
and  iH'riodieiil  press  in  its  interest,  anil  from  the 
p)il)ru'  sjuakers  in  ils  favor  of  every  grude — an 
accnnndation  of  oliloipiy,  and  even  of  utvnsation, 
only  lavished  upon  the  oppressors  and  pliindi-r- 
crs  of  nations — a  A'erres,  or  a  Ilastin);M.  This 
was  natural  in  mich  nn  institiuion.  Itnt  Pri'si- 
dent  Jaekson  and  his  friends  had  a  ri^ht  to  ex- 
pect fair  treatment  from  history — from  disinter- 
estefl  history — which  thonld  aspire  to  trntli, and 
which  has  no  right  to  he  ignorant  or  careless. 
He  anil  they  had  a  right  to  expect  justice  from 
sticli  history ;  hnt  this  is  what  they  have  not 
received.  A  writer,  whose  hook  takes  him  ont 
of  that  class  of  Kiiropean  travelleis  who  reipiite 
the  hospitality  of  .\mericaiis  by  disparagement 
of  their  institutions,  their  country,  and  their 
character — one  whose  general  intelligence  ami 
Oiiiidor  entitle  his  errors  to  the  honor  ofcorivc- 
tion — in  hrief,  .M.de  Tocijueville — writes  thus  of 
President  .Fackson  and  the  Bank  of  the  United 
States : 

"  When  the  President  nttai-ked  tlie  bank,  the 
country  was  excited  and  parties  Avere  formed ; 
the  well-informed  cIiLsses  rallieil  round  the  bank, 
the  common  people  round  the  President.  Hut 
it  must  not  be  imagined  that  the  jieople  ha<l 
fon.ied  4  rational  opinion  upon  a  (piestion  which 
oilers  so  many  ilillieulties  to  the  most  experienced 
statesman.  The  bank  is  a  great  establishment, 
which  enjoys  an  inde|HMident  existence,  and  the 
jwople.  accustomed  to  make  and  unmake  what- 
ever it  i)le;uses.  is  startled  to  meet  with  this 
obstacle  to  its  authority.  In  the  midst  of  the 
perpetual  Huctuation  of  soi'i«ty,  the  community 
is  irritated  by  so  permaucnt  aTi  institution,  and 
is  led  to  attack  in  order  to  gee  whether  it  can  be 
ehaken  or  controlled,  like  all  other  institutions 
of  the  country." — (Chapter  10.) 

Of  tliis  paragi-nuh,  so  derogatory  to  President 
Jackson  and  t)H'  ;)eople  of  the  United  States, 
every  word  is  un  erroi-.  Where  a  fact  is  alleged, 
it  is  an  error ;  where  an  opinion  is  expressed,  it 
'^  an  error ;  where  a  theory  is  invented,  it  is 
fanciful  and  visionary.  President  Jackson  did 
not  attack  the  bank ;  the  bonk  attacked  him,  and 


for  political  as  well  hh  |H'cmiiary  motives ;  and 
imder  the  lead  of  |H)lilicians.     When  Oenoral 
.lackson,  in  his  (Irst  message,  of  I'ecendH'r,  1829 
expressed  his  opinion  to  Congress  agaiuHt  tho 
renewal  of  the  bank's  charter,  he  uttiu'ked  no 
right  or  interest  which  the  bank  possesseil.     li 
was  un  institution  of  limited  existence,  enjoying 
great  privileges, — among  others  a  monopoly  of 
national  banking,  and  had  no  right  to  any  pn>- 
longalion   of  existence   or   privilege    ufler    tho 
termination  of  its  chartei' — so  far   fitim  it,  if 
there  was  to  be  another  bank,  the  iloctrino  of 
ecpial  rights  and  no  mono|M)lies  or  perpetuities 
reipiired  it  to  be  thrown  open  to  the  free  compe- 
tition of  nil  the  citizens.     The  reiksons  given  by 
the  President  wei-e  no  attack  upon  tho   bank. 
lie  impugned  neither  tlie  integrity  nor  the  skill 
of  the  institution,  imt  repeated  the  objections  of 
the  political  school    t<)  which  he  belonged,  uml 
which  were  ns  old   as  jMr.  .leflerson's  cabinet 
opinii>n  to  President  Washington,  in  tho  year 
IT'.ll,  and  Mr.  Madison's  gitat  speech  ijj   tho 
House  of  llepresentulives  in  the  same  year.    Ho, 
therefore,  made  no  attack  upon  the  bank,  either 
upon  its  existence,  its  ehunicler,  (u-  any  one  of 
its  •  ights.     On  the  other  hand,  the  lank   did 
attack    President  .lackson,  under   the   lead  of 
politicians,  and  for  the  jjurpose  of  breaking  him 
di)wn.     The  facts  were  these :  President  .lackson 
hail  comimmicated  his  opinion  to  (.'ongivss  in 
December,    18'Jl),   against   the   remwal   of  tho 
chaiter  ;  near  three  years  afterwards,  on  tho 
Dth  of  Jamiary,  18152,  while  the  charter  had  yet 
above  three  years  to  run,  and  n  new  Congress 
to  be  elected  before  its  expiration,  and  the  presi- 
dential  election  impending — (General  Jackson 
and  .Mr.  Clay  the  candidates) — the  memorial  of 
the  president   and  directors  of  the  bank  was 
suddenly  presented  in  the  Senate  of  the  United 
States,  for  the  renewal  of  its  chaiter. 

Now,  how  came  that  mcmoiial  to  be  presented 
at  a  time  so  inoj)portune  ?  .so  premature,  so 
inevitably  mixing  it-self  with  the  presidential 
election,  and  so  encroaching  upon  the  rights  of 
tlie  Jieople,  in  snatching  the  question  out  of  their 
hands,  and  having  it  decided  by  a  Congress  not 
elected  for  the  purpose — and  to  the  usurpation 
of  the  rights  of  the  Congress  elected  for  tho 
purpose?  How  came  all  these  anomalies?  all 
these  violations  of  right,  decency  and  propriety  ? 
They  came  thus .  the  bank  and  its  leading  anti- 
Jackson  friends  beliuTud  that  the  institution 


I 


^h 


ANNO  |8;ii     ANIHIKW  .lACk'SON,  PUIXIUKNT. 


227 


iiiotivoH  5  and 
Vlitn  (linonil 
((tiiiIkt,  1829 
Hs  a^aiiiHt  tlio 
n"  ultiuked  HO 

JKISHOSSl'll.        U 

li-nw,  onjoyinK 
V  inoiio|>()ly  of 
;hl  to  uuy  pro- 
le^o    aftir   tho 
fur  fit)m  it,  If 
llio  tloclrino  of 
or  iHTia-tuilifa 
Hii-  free  roinpo- 
•iisoi\s  given  by 
\\w\\  tho   liiuik. 
ily  nor  llie  skill 
ho  ohjeetions  of 
I'  lieloU(;e(l,  ami 
ierson'M  cabinet 
tun,  in  the  year 
t  sini'ch  in   tho 
siinu'year.    He, 
the  hank,  either 
r,  or  any  one  of 
,1,  the  bank   ditl 
Icr   the   lead  of 
of  hrertkinn  him 
resilient. I  aekson 
to  C'onjiress  in 
renewal   of  tho 
rwtmls,  on  tho 
charter  hail  yot 
a  new  Congress 
n,  andthcprcsi- 
leneral  Jackson 
the  men\orial  of 
f  the  bank  was 
vte  of  the  United 
jarter. 

il  to  be  presented 
;o  premature,  so 
the  presidential 
[)on  the  rights  of 
■stion  ont  of  their 
y  a  Congress  not 
.0  the  usurpation 
i  elected  for  tho 
e  anonuilics?  all 
•y  and  propriety  ? 
its  leading  anti- 
,t  the  institution 


\ 


1 


wnH  s»n)nger  than  the  Pri'^ldcnt — tiiat  it  coiild 
IkmI  him  in  tlie  election— that  it  could  beat  him 
in  CongreriM  (iin  it  then  stood),  and  carry  the 
charter, — <lriving  him  upon  the  Vffo  power,  and 
rendering  liini  odious  if  he  useil  it,  and  diMgracitig 
him  if  (after  what  lie  had  said)  he  did  not. 
Tills  was  tho  opinion  uf  tho  leading  politicians 
friendly  to  the  bank,  and  inimical  to  the  Presi- 
dent. But  the  bank  had  n  cIumh  of  friends  in 
Congress  also  friendly  to  (Sen.  .fuckson  j  and 
between  these  two  classes  there  was'vehement 
opposition  of  opinion  on  tho  point  of  moving 
for  the  now  charter.  It  waH  found  impossible, 
in  (-ommunications  between  Washington  and 
IMiiladelphiu,  then  slow  and  uncertain,  in  stage 
coach  conveyances,  over  miry  roads  and  frozi-n 
waters,  to  come  to  conclusions  on  the  dilli- 
ciilt  point.  Mr.  lliddle  and  the  directors  were 
in  doubt,  for  it  would  not  do  to  move  in  tho 
matter,  unless  all  the  friends  of  the  bank  in 
Congivss  acted  together.  In  this  state  of  un- 
cirtainty.  General  Cadwallader, of  I'hiladelphia, 
friend  and  confidant  of  Mr.  lliildle,  and  his 
usual  envoy  in  all  the  delicate  b:inU  negotiations 
or  troidiles,  was  sent  to  Washington  to  obtain  a 
result  ;  and  the  union  of  both  wings  of  the 
bank  party  in  favor  of  the  desired  movement. 
Me  came,  and  the  mode  of  oiK>ration  wits  through 
*he  machinery  of  caucus — that  contrivance  by 
nhich  a  few  govern  many.  Tlio  two  wings 
')eing  of  diderent  politics,  sat  separately,  one 
•leaded  by  Mr.  Clay,  the  other  by  Gen,  Samuel 
Smith,  of  Maryland.  The  two  caucuses  dis- 
aj.'reed,  but  tho  democratic  being  tiie  .smaller, 
and  Mr.  Clay's  strong  will  dominating  the  other, 
the  ivsolution  was  taken  to  proceed,  and  all 
bound  to  go  together. 

I  had  a  friend  in  one  of  these  councils  who 
informed  me  regularly  of  the  progress  made,  and 
eventually  that  the  point  was  carried  for  the 
hank — that  General  Cadwallader  had  returned 
witii  the  news,  and  with  injunctions  to  have  the 
memorial  immediately  at  Wa.shington,  and  by  a 
given  day.  The  day  arrived,  but  not  the  me- 
morial, and  my  friend  came  to  inform  me  the 
reason  why ;  which  was,  that  the  stage  had  got 
overturned  in  the  bad  roads  and  crippled  Gen. 
Cadwallader  in  the  shoulder,  and  detained  him ; 
but  that  the  delay  would  only  be  of  two  days ; 
ond  then  the  memorial  would  certainly  arrive. 
It  did  so  ;  and  on  Monday,  the  9lh  of  January, 
1832,  was  presented  in  the  Senate  by  Mr.  iJallas, 


a  senator  from  I'lnnsylvanift,  and  residunt  of 
l'hiladel|ihia,  whei<-  the  bunk  was  iHtablished. 
Mr.  Dallas  was  democratic,  and  the  friend  of 
General  Jackson,  and  on  presenting  the  me- 
morial, as  good  as  told  all  that  I  have  now 
written,  bating  only  |H<rsonal  particulars.  lie 
said : 

"Thatbein^  re(|iiested  to  pronont  thin  do<Mi- 
nieiit  to  the  Senate,  praying  for  a  renewal  of  tho 
existing  charter  of  tho  bank,  he  begged  to  bo 
indulged  in  making  a  few  explanatory  remarks. 
With  unhesitating  frankness  he  wished  it  to  be 
understood  by  the  Senate,  by  the  gocsl  coninion- 
weaith  which  it  was  alike  Ins  duty  and  his  prid«> 
to  represent  with  fidelity  on  that  floor,  and  by 
the  people  gene-ally,  that  this  application,  at  this 
time,  had  been  discouraged  by  him.  Actuated 
mainly,  if  not  exclusively,  by  a  desire  to  preserve 
to  the  nation  the  practical  benefits  of  the  insti- 
tution, the  evpeiliency  of  bringing  it  forward 
thus  early  in  the  term  of  its  incorporation,  during 
a  popular  representation  in  Congress  which  must 
cease  to  exist  some  years  IkiIoii-  that  term  ex- 
pires, and  on  the  eve  of  all  the  excitement  incident 
to  u  great  polilica'  movement,  struck  his  mind 
as  more  than  dou  tfiil.  He  felt  deep  solii^itude 
and  apprehension  lest,  in  the  progress  of  iiupiiry, 
and  in  the  development  of  views,  under  present 
circumstances,  it  might  be  drawn  into  real  or 
imaginary  conflict  with  some  higher,  some  more 
favorite,  some  more  immediate  wish  )r  purpose 
of  the  American  jHople ;  anil  fromsuc".  a  conflict, 
what  sincere  friend  of  this  useful  establishment 
would  not  strive  to  save  or  rescue  it.  by  at  least 
a  temporary  forbearance  or  delay  ?  " 

This  was  the  language  of  Mr.  Dallas,  and  it 
was  equivalent  to  a  protest  from  a  well-wisher 
of  the  bank  against  the  perils  and  improprieties 
of  its  open  plunge  into  the  presidential  canvass, 
for  the  purjKjse  of  defeating  General  Jackson 
and  electing  a  friend  of  its  own.  The  prudential 
counsels  of  such  men  as  Mr.  Dallas  did  not 
prevail ;  political  counsels  governed ;  the  bank 
charter  was  pushed — was  carried  through  both 
Houses  of  Congress — difred  the  veto  of  Jackson 
— received  it — roused  the  people — and  the  bank 
and  all  its  friends  were  crushed.  Then  it  affected 
to  have  been  attacked  by  Jackson ;  and  Mons. 
do  Tocqueville  has  carried  that  fiction  into  his- 
tory, with  all  the  imaginary  reasons  for  a 
groundless  accusation,  which  the  bank  had  in- 
vented. 

The  remainder  of  this  quotation  from  Mons. 
de  Tocqueville  is  profoundly  erroneous,  and  de- 
serves to  be  exposed,  to  prevent  the  mischiefs 
which  his  book  might  do  in  Europe,  and  even  in 


«■ 


» 


228 


THIRTY  YEARS'  VIEW. 


'!! 


America,  nmorib  that  class  of  our  people  who 
look  to  £uropcai  writers  for  information  upon 
their  own  country.  lie  speaks  of  the  well- 
informed  classes  who  rallied  round  the  bank ; 
and  the  common  people  who  had  formed  no  ra- 
tional opinion  upon  the  subject,  and  who  joined 
General  Jackson.  Certainly  the  great  business 
community,  with  few  exceptions,  comprising 
wealth,  ability  and  education,  went  for  the  bank, 
and  the  masses  for  General  Jackson ;  but  which 
had  formed  the  rational  opinion  is  seen  by  the 
event.  The  "  well-informed  "  classes  have  bowed 
not  merely  to  the  decision,  but  to  the  intelligence 
of  the  masses.  They  have  adopted  their  opin- 
ion of  the  institution — condemned  it — repudiat.  d 
it  as  an  "  obsolete  idea ; "  and  of  all  its  former 
advocates,  not  one  exists  now.  All  have  yield- 
ed to  tnat  instinctive  sagacity  of  the  people, 
which  is  an  overmatch  for  book-learning ;  and 
which  being  the  result  of  common  sense  is 
usually  right ;  and  being  disinterested,  is  always 
honest.  I  adduce  this  instance — a  grand  na- 
tional one — of  the  succumbing  of  the  well-in- 
formed classes  to  the  instinctive  sagacity  of  the 
people,  not  merely  to  correct  Mons.  de  Tocqi'c- 
ville,  but  for  the  higher  purpose  of  showing  the 
capacity  of  the  people  for  self-government.  The 
rest  of  the  quotation,  "  the  independent  exist- 
ence— ibo  people  accustomed  to  make  and  un- 
:::nke — startled  at  this  obstacle — irritated  i*  a 
permanent  institution — attack  in  order  to  shake 
and  control ; "  all  this  is  fancy,  or  as  the  old 
English  wrote  it,  fantasy — enlivened  by  French 
vivacity  into  witty  theory,  as  fallacious  as  witty. 
I  could  wish  I  were  done  with  quotations 
from  Mons.  de  Tocquevilic  on  this  subject;  but 
he  forces  me  to  make  another  extract  from  his 
book,  and  it  is  found  in  his  chapter  18,  thus : 

"  The  slightest  observation  enables  us  to  ap- 
preciate the  advantages  which  the  country  de- 
rives from  the  bank.  Its  notes  are  taken  on  the 
borders  of  the  desert  for  the  same  value  as  in 
Philadelphia.  It  is  nevertheless  the  object  of 
great  animosity.  Its  directors  have  proclaimed 
their  howtility  to  the  President,  and  are  accused, 
not  without  some  show  of  probability,  of  having 
abused  their  influence  to  thwart  his  election. 
The  President,  therefore,  attacks  the  establish- 
ment with  all  the  warmth  of  personal  enmity ; 
and  he  is  encouraged  in  the  pursuit  of  his  re- 
venge by  the  conviction  that  he  is  supported  by 
the  seci'ct  propensities  of  the  majority.  It  al- 
ways holds  a  great  number  of  the  notes  issued 
by  the  provincial  banks,  which  it  can  at  any 
time  obhge  them  to  cttavert  into  cash.    It  has 


itself  nothing  to  fear  from  a  similar  demand,  as 
the  extent  of  its  resources  enables  it  to  meet  all 
claims.  But  the  existence  of  the  provincial 
banks  is  thus  threatened,  and  their  operations 
are  restricted,  since  they  are  only  able  to  issuo 
a  quantity  ^^f  notes  duly  proportioned  to  their 
capital.  They  submit  with  impatience  to  this 
salutary  control.  The  newspapers  which  they 
have  bought  over,  and  the  President,  whose  in- 
terest renders  him  their  instnimcnt,  attack  the 
bank  with  the  greatest  vehemence.  They  rouse 
the  local  passions  and  the  blind  democratic  in- 
stinct of  the  country  to  aid  in  their  cause  ;  and 
they  assert  that  the  bank  directors  fonn  a  per- 
manent aristocratic  body,  whose  influence  must 
ultimately  be  felt  in  the  government,  and  must 
ail'ect  those  principles  of  equality — upon  which 
society  rests  :n  America." 

Now,  while  Mons.  de  Tocqueville  was  arrang- 
ing all  this  fine  cn<  omium  upon  the  bank,  and 
all  this  ccniure  upo  its  adversaries,  the  whole 
of  which  is  nolhin:,  but  a  French  translation  of 
the  bank  publications  of  the  day,  for  itself  and 
agaim.t  President  Jackson — during  all  this  time 
there  was  a  process  going  on  in  the  Congress  of 
the  United  States,  by  which  it  was  proved  that 
tiie  bank  was  then  insolvent,  and  living  fi  ./ra 
day  to  day  upon  expedients ;  and  getting  hold  of 
property  and  money  by  contrivances  which  the 
law  would  qualify  as  swindling — plundering  itr 
own  stockholders — and  bribing  individuals,  in- 
stitutions, and  members  of  legislative  bodies, 
wherever  it  could  be  done.  Those  fine  notes, 
of  which  ho  si^aks,  were  then  without  solid 
value.  The  salutary  rcstriint  attributed  to  its 
control  over  local  banks  was  soon  exemplified  in 
its  forcing  maify  of  them  into  coiMjilicity  in  its 
crimes,  and  al)  into  two  general  sus-pciisions  of 
specie  payments,  headed  by  itself.  Its  solidity 
and  its  honor  were  soon  shown  in  open  bank- 
ruptcy— in  the  dishonor  of  its  notes — the  vio- 
lation of  sacred  deposits — the  (lisai»pearance 
of  its  capital — the  destniction  of  institutions 
connected  with  it — the  extinction  of  fifty-six 
millions  of  capital  (its  own,  and  that  of  others 
drawn  into  its  vortex) ; — and  tne  ruin  or 
damage  of  families,  both  foreign  and  American, 
who  had  been  induced  by  its  name,  and  by  its 
delusive  exhibitions  of  credit,  to  invest  their 
money  in  its  stock.  Placing  the  ojipocitioii  of 
President  Jackson  to  such  an  institution  to  the 
account  of  base  and  personal  motives — to  feelings 
of  revenge  because  he  had  been  uniiblc  to  seduce 
it  into  his  supiwit — is  an  error  of  fact  manifested 
by  all  the  history  of  the  case ;  to  say  nothing 


A.NXO  1832.     ANDREW  JACKSON,  PRESIDKNT. 


229 


ilar  demand,  M 
ea  it  to  meet  all 
the  provincial 
their  operations 
ly  able  to  issue 
rtioned  to  their 
patience  to  this 
pcrs  which  they 
ident,  wliose  in- 
mcnt,  attack  tho 
ace.    They  rouse 
d  democratic  in- 
their  cause ;  and 
ctors  form  a  per- 
se influence  mu.st 
nment,  and  must 
lity — upon  which 

leville  wasarrang- 
)on  the  bank,  and 
rsarics,  the  whole 
;nch  tran.slation  of 
day,  for  itself  and 
luring  all  this  time 
in  the  Congress  of 
it  was  proved  that 
,t,  and  living  fi  'IQ 
and  getting  hold  of 
frivances  which  the 
ling— plundering  iti^ 
ling  individuals,  in- 
legislative  bodies, 
Those  line  notes, 
Ithcn  without  solid 
nt  attributed  to  its 
L  soon  exemplified  in 
]ito  coiuplicity  in  its 
cral  sui-pensions  of 
itself.     Its  solidity 
[own  in  open  bank- 
its  note^— the  vio- 
thc    disappearance 
ttion  of  institutions 
tinction  of  flfty-six 
and  that  of  others 
•and    tne    ruin  or 
reign  and  American, 
Its  name,  and  by  its 
Hlit,  to  invest  their 
l<r  the  opposition  of 
an  institution  to  the 
motives— to  feelings 
Len  luiable  to  seiluco 
Iror  of  fact  manifested 
asc ;  to  say  nothing 


of  his  own  personal  character.  lie  was  a  senator 
in  Congress  during  tho  existence  of  the  first 
national  bank,  and  was  against  it ;  and  on  the 
hiunc  grounds  of  unconstitutionality  and  of  inex- 
pediency. F-3  delivered  his  opinion  against  this 
wt'ond  one  before  it  had  manifested  any  hostility 
to  Iiim.  His  first  opposition  was  abstract — 
ii^iiinst  the  institution — virithout  reference  to  its 
conduct ;  he  knew  nothing  against  it  then,  and 
neither  said,  or  insinuated  any  thing  against  it. 
Subsequently,  when  misconduct  was  discovered, 
he  charged  it ;  and  openly  and  responsibly. 
Equal  iy  unfounded  is  the  insinuation  in  another 
pliicc,  of  subserviency  to  local  banks.  lie,  the 
instrument  of  local  banks !  he  who  could  not  be 
made  the  friend,  even,  of  the  great  bank  itself; 
who  was  all  his  life  a  hard  money  man — an 
opposor  of  all  banks — the  denouncer  of  delin- 
quent banks  in  his  own  State ;  who,  with  one 
stroke  of  his  pen,  in  the  recess  of  Congress,  and 
ipainst  its  will,  in  the  summer  of  183G,  struck 
all  their  notes  from  the  list  of  land-office  pay- 
ments !  and  whose  last  message  to  Congress,  and 
in  his  farewell  address  to  the  people,  admonished 
them  earnestly  and  affectionately  against  the 
whole  system  of  paper  money — the  evils  of 
which  he  feelingly  described  as  falling  heaviest 
upon  the  most  meritorious  part  of  the  com- 
munity, and  the  part  least  able  to  bear  them — 
the  productive  classes. 

The  object  of  this  chapter  is  to  coiTcct  this 
error  of  Mons.  de  Tocqnevillc,  and  to  vindicate 
history,  and  to  do  justice  to  General  Jackson 
and  the  democracy :  and  my  tiu^k  is  ea.sy.  Events 
have  done  it  for  me— have  answered  every  ques- 
tion on  which  the  bank  controversy  depended, 
and  have  nullified  every  argument  in  favor  of 
the  bank — and  that  both  with,  and  without  ref- 
erence to  its  misconduct.  As  an  institution,  it 
has  been  proved  to  be  "  unnecessary,"  and  the 
country  is  found  to  do  infinitely  better  without 
it  than  with  it.  During  the  twenty  years  of  its 
existence  there  was  pecuniary  distress  in  the 
country — periodical  returns  of  expansion  and 
contraction,  deranged  currency,  ruined  exchanges, 
panics  and  convulsions  in  the  money  market.  In 
the  almost  twenty  years  whit.i  hawo  elapsed 
since,  these  calamitous  words  have  never  been 
heard :  and  the  contrast  of  the  two  periods  will 
make  the  condemnation  of  one,  and  the  eulogy 
of  tho  other.  There  was  no  gold  during  the 
existence  of  the  bank :  there  has  been  an  ample 


gold  currency  ever  .since,  and  that  before  we  got 
Calitv/rnia.     There  were  general  suspensions  o! 
specie  paym^nis  during  its  time ;  and  none  since. 
Exchangt  s  wen;  deranged  during  its  existence : 
they  luve  been  regular  since  its  death.   Lal)or  and 
property  livetl  the  life  of  "  up  and  down" — high 
price  one   liay,  no   price   another   day — while 
the  bank  ruled :  lioth  have  been  "  up  "  all  tho 
time,  since  it  has  been  gone.     We  have  had  a 
war    since — a  foreign    war — which    tries    the 
strength  of  financial  systems  in  all  countries; 
and  have  gone  through  this  war  not  only  with- 
out a  financial  crisi.s,  but  with  a  financial  tri- 
umph— the  ;)ublic  securities  remaining  above  par 
the  whole  time ;  and  the  government  Jiaj'ing  to 
its  war  debt  creditors  a  reward  of  twenty  dol- 
lars upon   the  himdred  to  get  them  to  accept 
their  pay  before  it  is  due ;  and  in  this  shining 
side  of  the  contrast,  experience  has  invalidated 
the  decision  of  the  Supreme  Court,  by  expimging 
the  sole  argument  upon  which  the   decision 
rested.     "  Necessity,"  "  necessary  to  carry  into 
effect  the  granted  powers,"  was  the  decision  of 
the  court.    Not.so,  the  voice  of  experience.    That 
has  proved  such  an  institution  to  be  unnecessary. 
Every  granted  pc^'er.  and  .^ome  not  granted, 
have  been  carried  into  eflfect  since  the  extinction 
of  the  national  bank,  and  since  the  substitution 
of  the  gold  currency  and  the  independent  trea.su- 
ry  ,  and  all  with  triumphant  success — the  war 
power  above  all,  and  most  successfully  exercised 
of  all.    And  this  sole  foundation  for  the  court's 
decision  in  favor  of  the  constitutionality  of  the 
bank  being  removed,  the  decision  itself  van- 
ishes— disappears — "  like  the  baseless  fabric  of  a 
vision,  kiiving  not  a  wreck  behind."    But  there 
will  be  a  time  hereafter  for  the  celebration  of 
this  victory  of  the  constitution  over  the  Supreme 
Court — the  only  object  of  this  chapter  being  to 
vindicate  General  Jackson  and  the  people  from 
the  errors  of  Mons.  de  Tocqueville  in  relation  to 
them  and  the  bank :  which  is  done. 


CHAPTER    LXII. 

EXPENSES  OF  THE  OOVEENMENT, 

Economy  in  the  government  expenditures  was 
a  cardinal  feature  in  the  democratic  policy,  and 
every  increase  of  expense  was  closely  scrutinized 


« 


._j— p.....;  .,.-,...  ^■■<.^..jt-«..^^»,-.-.- .B-nmmtamtm 


230 


THIRTY  YEARS'  VIEW. 


by  them,  and  brought  to  the  test  of  the  clearest 
necessity.  Some  increase  was  incident  to  the 
growing  condition  of  the  country ;  but  every 
item  beyond  the  exigr  Mes  of  that  growth  was 
subjected  to  severe  in-  ,.,igation  and  determined 
opposition.  In  the  execution  of  this  policy  the 
expenses  proper  of  the  government — those  inci- 
dent to  working  its  machinery — were,  immedi- 
ately after  my  entrance  into  the  Senate,  and  after 
the  army  and  other  reductions  of  1820  and  '21 
had  taken  effect — just  about  eight  millions  of 
dollars.  The  same  expenditure  up  to  the  be- 
ginning of  the  year  1832 — a  period  of  about  ten 
years — had  risen  to  thirteen  and  a  half  millions : 
and,  adverting  to  this  increase  in  some  current 
debate,  and  with  a  view  to  fix  attention  upon 
the  growing  evil,  I  stated  to  the  Senate  that 
these  expenses  had  nearly  doubled  since  I  had 
been  a  member  of  the  Senate.  This  statement 
drew  a  reply  from  the  veteran  chairman  of  the 
Senate's  committee  on  finance  (General  Smith, 
of  Maryland),  in  opposition  to  my  statement ; 
which,  of  course,  drew  further  remarks  from  me. 
Both  sets  of  remarks  are  valuable  at  this  day — in- 
structive in  the  picture  they  present  between 
1822— 1832— and  1850.  Gen.  Smith's  estimate 
of  about  ten  millions  instead  of  eight — though 
predicated  on  the  wrong  basis  of  beginning  to 
count  before  the  expenses  of  the  army  reduction 
had  taken  effect,  and  counting  in  the  purchase 
of  Florida,  and  some  other  items  of  a  nature 
foreign  to  the  support  of  government — even  his 
estimate  presents  a  startling  point  of  comparison 
with  the  same  expenditure  of  tlie  present  day ; 
and  calls  for  the  revival  of  that  spirit  of  economy 
which  distinguished  the  democracy  in  the  earlier 
periods  of  the  government.  Some  passages  from 
the  speech  of  each  senator  (General  Smith  and 
Mr.  Benton)  will  present  this  brief,  but  impor- 
tant inqviiry,  in  its  proper  point  of  view.  Gen. 
Smith  said : 

"  I  v.-ill  now  come,  Mr.  President,  t  my  prin- 
cipal object.  It  is  tne  assertion,  '  that,  since  the 
year  1821,  the  expenses  of  the  government  had 
nearly  doubled ; '  and  I  trust  I  shall  be  able  to 
show  that  the  senator  from  Missouri  [Mr.  Ben- 
ton] had  been  under  some  misapprehension.  The 
Senate  are  aware  of  the  effect  which  such  an  asser- 
tion, coming  from  such  high  authority,  must  have 
upon  the  public  mind.  It  certainly  had  its  effect 
even  upon  this  enlightened  body.  I  mentioned 
to  an  honorable  senator  a  few  days  since,  that 
the  average  ordinary  expenditure  of  the  govern- 
ment for  the  last  nme  years  did  not  exceed  the 
sum  of  twelve  and  a  half  millions.    But,  said 


the  senator,  the  expenditure?  have  greatly  in- 
creased during  that  period.  I  told  him  I  thnight 
they  had  not ;  and  I  now  proceed  to  prove,  thit  t, 
with  the  exception  of  four  years,  viz.,  1821, 1822, 
1823,  and  1824,  the  expenditures  of  the  govern- 
ment have  not  increased.  I  shall  endeavor  to 
show  the  causes  of  the  reduction  of  expenses 
during  those  years,  and  that  thoy  afford  no  cri- 
teria by  which  to  judge  of  the  necessary  expenses 
of  government,  and  tliat  they  are  exceptions  to 
the  general  rate  of  expenditures,  arising  from 
particular  causes.  But  even  they  exhibit  an 
expenditure  far  above  the  one  half  of  the  present 
annua!  ordinary  expenses. 

"  In  the  year  1822,  which  was  the  period  when 
the  senator  from  Missouri  [Mr.  Tenton]  took  his 
seat  in  the  Senate,  the  ordinary  expenses  of  the 
government  amounted  to  the  sum  of  $9,827,043. 
The  expenses  of  the  year  1823.  amounted  to 
$9,784,154.  I  proceed,  Mr.  President,  to  show 
the  cause  which  thus  reduced  the  ordinary  ex- 
penses during  these  years.  I  speak  in  tlie 
presence  of  gentlemen,  some  of  whom  were  then 
in  the  House  of  Representatives,  and  will  correct 
me  if  my  recollection  should  lead  mo  into  error. 
During  the  session  of  the  year  1819-'20  the 
President  asked  a  loan,  I  think,  of  five  millions, 
to  defray  the  expenses  of  the  government,  which 
he  had  deemed  necessary,  and  for  which  estimates 
had,  as  usual,  been  laid  before  Congress.  A 
loan  of  three  millions  only  was  granted ;  and.  in 
the  next  session,  another  loan  of.  I  think,  seven 
millions  was  n-ked,  in  order  to  enable  the  Exe- 
cutive to  mcit  the  amount  of  expenses  estimated 
for,  as  neccs,sary  for  the  year  1821.  A  loan  of 
five  millions  was  granted,  and  in  the  succeoding 
year  another  loan  of  five  hundred  thousand 
dollars  was  asked,  and  refused.  Congress  were 
dissatisfied  that  loans  should  be  required  in  time 
of  profound  peace,  to  meet  the  common  expenses 
of  the  nation ;  and  they  refi'iicu  to  grant  the 
amount  asked  for  in  the  estimates,  although  this 
amount  would  have  been  granted  if  there  had 
been  money  in  the  trea.sury  to  meet  them,  with- 
out resorting  to  loans.  The  Committee  of  Ways 
and  Means  (and  it  was  supported  by  the  House) 
lessened  some  of  the  items  estimated  for,  and 
refused  others.  No  item,  except  such  as  was 
indispensably  necessary,  was  granted.  By  the 
adoption  of  this  course,  the  expenditures  were 
reduced,  in  1821,  to  $10,723,479,  and  to  the 
sums  already  mentioned  for  the  two  years,  1822 
and  1823,  and  the  current  expcn.se8  of  1824, 
$10,330,144.  The  consequence  was,  that  the 
treasury  was  restored  to  a  sound  state,  so  that 
Congress  was  enabled,  in  the  year  1825,  to  ap- 
propriate the  full  amount  of  the  estimate.  The 
expenditures  of  1824  amounted  to  $15,?30,144. 
This  large  expenditure  is  to  be  attributed  to  flie 
payment  made  to  Spain  in  that  year,  of  $5.0(10,(100 
for  the  purcha.se  of  Florida.  I  entertained  doubts 
whether  I  ought  to  include  this  sum  in  the  ex- 
penditures ;  but,  on  full  consideration,  I  deomeo 
it  proper  to  include  it.  It  may  be  said  that  it 
was  an  extraordinary  payment,  and  such  as  could 


\\ 


i 


ANNO  1832.    ANDREW  JACKSON,  PRESIDENT. 


231 


lave  greatly  in- 

d  him  1  thought 

1  to  prove,  thiit, 

viz.,  1821, 1822,  I 

s  of  the  govern-  f  -' 

lall  emlcavor  to 

ion  of  cxpensea 

oy  afl'ord  no  cri- 

:cessary  expenses 

ire  exceptions  to 

res,  arising  from 

they  exhibit  an 

,alf  of  the  present 

i^s  the  period  when 

renton]  took  his  l  ; 

V  expenses  of  the  j  | 

imof5;9,827,C43.  | 

?23.  amounted  to  h 

'resident,  to  show 

,  the  ordinary  ex- 
I  speak  in    the 

f  whom  were  then 

?s,  and  will  correct 

lead  mc  into  error. 

year   18l0-'2n  the 

,k,  of  five  millions, 

government,  which 

for  which  estimates 

fore  Congress.     A 

as  granted ;  and.  in 

m  of.  I  think,  seven 

to  enable  the  Exe- 

expcnses  estimated 

r  1821.    A  loan  of 

d  in  the  sncceoiling 
hundred  thousand 

fd.     Congress  were 
be  required  in  time 

ic  common  expenses 

!fp:,eu  to  grant  the 
mates,  although  this 

.anted  if  there  had 
to  meet  them,  with- 
CommittceofWays 
.rtedby  the  House) 
estimated  for,  and 
xcept  such  as  was 
,s  granted.    By  the 
expenditures  were 
23  479,  and  to  the 
the  two  years,  1822 
,  expenses  ot   i»-*, 
lence  was,  that  the 
^ound  state,  so  that 
L  year  1825,  to  ap- 
thc  estimate.    The 
,ted  to  $15,?30,144. 
be  attributed  to  the 
vtyear,of«5.0(10,<H)0 
I  entertained  doubts 
this  sum  in  the  cx- 
isiderntion,  T  deemec; 
may  bi'  said  that  it 
nt,  and  such  as  could 


p  jt  again  occur.  So  is  the  payment  on  account 
of  awards  under  tht  Treaty  of  Ghent,  in  1827 
and  1828,  amounting  to  $l,188,7h;.  Of  the 
same  character,  too,  are  the  payments  made  for 
the  purchase  of  lands  from  the  Indians ;  for  the 
removal  of  the  Indians;  for  payments  to  the 
several  States  for  moneys  advanced  during  the 
late  war ;  and  a  variety  of  other  extraordinary 
charges  on  the  treasury." 

The  error  of  thib  statement  was  in  the  basis 
of  the  calculation,  and  in  the  inclusion  of  items 
which  did  not  belong  to  the  expenses  proper  of 
t'lc  government,  and  in  beginning  to  count  be- 
fore the  year  of  reduction — the  whole  of  which, 
in  a  period  often  years  made  an  excess  of  twenty- 
two  millions  above  the  ordinary  expenses.  I 
answered  thus : 

"Mr.  Benton  rose  in  reply  to  the  senator  from 
Maryland.    Mr.  B.  said  that  a  remark  of  his, 
in  a  former  debate,  seemed  to  have  been  the 
occasion  of  the  elaborate  financial  statements 
which  the  senator  from  Maryland  had  just  gone 
through.    Mr.  B.  said  he  had  made  the  remark 
in  debate ;  it  was  a  general  one,  and  not  to  be 
treated  as  an  account  stated  by  an  accounting 
officer.    His  remark  was,  that  the  public  expen- 
diture had  nearly  doubled  since  he  had  been  a 
member  of  the  Senate.     Neither  the  words 
used,  nor  the  mode  of  the  expression,  implied 
the  accuracy  of  an  account ;  it  was  a  remark  to 
signify  a  great  and  inordinate  iacrease  in  a  com- 
paratively short  time.    He  had  not  come  to  the 
Senate  this  day  with  the  least  expectation  of 
being  called  to  justify  that  remark,  or  to  hear  a 
long  arraignment  of  it  argued ;  but  he  was 
ready  at  all  times  to  jtistify,  and  be  would 
quickly  do  it.     Mr.  B.  said  that  when  he  made 
the  remark,  he  had  no  statement  of  accounts  in 
his  eye,  but  he  had  two  great  and  broad  facts 
before  him,  which  all  the  figures  and  calcula- 
tions upon  earth,  and  all  the  compound  and 
comparative  statements  of  arithmeticians,  could 
not  shake  or  a'ter,  which  were — first,  that  when 
he  came  into  the  Senate  the  machinery  of  this 
government  was  worked  for  between  eight  and 
nine  millions  of  dollars ;  and,  secondly,  the  actual 
payments  for  the  last  vear,  in  the  President's 
message,  were  about  fourteen  millions  and  three- 
quarters.     The  sum  estimated  for  the  future 
expenditures,  by  the  Secretary  of  the  Treasury, 
was  thirteen  and  a  half  millions;  but  fifteen 
millions  were  recommended  by  him  to  be  levied 
to  meet  increased  expcnditui-es.    Jlr.  B.  said 
these  were  two  great  facts  which  he  had  in  bis 
eye,  and  which  he  would  justify.     lie  would 
produce  no  proofs  as  to  the  second  of  his  facts, 
b  cause  the  President's  message  and  the  Secre- 
tary's report  were  so  recently  sent  in,  and  so 
universally  reprinted,  that  every  person  could 
recollect,  or  turn  to  their  ''ontents,  and  verify 
bis  statement  upon  their  own  examination  or 


recollection.  lie  would  verify  his  first  state- 
ment only  by  proofs,  and  for  that  purpose  would 
refer  to  the  detailed  statements  of  the  piiblic 
expenditures,  compiled  by  Van  Zandt  and  Wat- 
terston,  and  for  which  he  had  just  sent  to  the 
room  of  the  Secretary  of  the  Senate.  Mr.  B. 
would  take  the  years  1822-3  ;  for  he  was  not 
simple  enough  to  take  the  years  Defore  the  re- 
duction of  the  army,  when  he  was  looking  for 
the  lowest  expenditure.  Four  thousand  men 
were  disbanded,  and  had  remained  disbanded 
ever  since ;  they  were  disbanded  since  he  came 
into  the  Senate ;  he  would  therefore  date  from 
that  reduction.  This  would  bring  him  to  the 
years  1822-'3,  when  you,  sir  (the  Vice-Presi- 
dent), was  Secretary  of  War.  What  was  the 
whole  expenditure  of  the  government  for  each 
of  those  years  ?    It  stood  thus : 


1822, 
1823, 


$17,fi7f),592  63 
16,314,171  00 


"  These  two  sums  include  every  head  of  ex- 
penditure— they  include  public  debt,  revolution- 
ary and  invalid  pensions ;  three  heads  cf  tem- 
porary expenditure.  The  payments  on  account 
of  the  public  debt  in  those  two  years,  were — 


In  1822, 
1823, 


$7,848,919  12 
5,530,016  41 


"  Deduct  these  two  sums  from  the  total  ex- 
penditure of  the  years  to  which  they  refer,  and 
you  will  have — 


For  1822, 
1823, 


19,727,673  41 
9,784,155  59 


"  The  pensions  for  those  years  were — 

Bevoiutionari/.  Invalid.  AggregaU. 

1822,  $1,642,590  94  $305,608  46  $1,947,199  40 

1823,  1,449,097  04   331,491  48   1,730,588  52 

"  Now,  deduct  these  pensions  from  the  years 
to  which  they  refer,  and  j'ou  will  have  just  about 
$8,000,000  as  the  expense  of  working  the  ma- 
chinery of  government  at  the  period  which  I 
had  in  my  eye.  But  the  pensions  have  not  yet 
totally  ceased ;  they  are  much  diminished  since 
1822,  1823,  and  in  a  few  years  must  cease.  The 
revolutionary  pensioners  must  now  average 
seventy  years  of  age ;  their  stipends  will  soon 
cease.  I  hold  myself  well  justified,  then,  in  say- 
ing, as  I  did,  that  the  expenditures  of  the  govern- 
ment have  nearly  doubled  in  my  time.  The 
remark  had  no  reference  to  administratioo.s. 
There  was  nothing  comparative  in  it ;  nothing 
intended  to  put  up,  or  put  down,  any  body. 
The  burdens  of  the  people  is  the  only  thing  I 
wish  to  put  down.  My  service  in  the  Senate 
has  extended  under  three  administrations,  and 
my  periods  of  calculation  extend  to  all  three. 
My  opinion  now  is,  that  the  machinery  of  this 
government,  after  the  payment  of  the  public  debt, 
should  be  worked  for  ten  millions  or  le  fl,  and 
two  millions  more  for  extraordinariis ;  in  all 
twelve  millions  J  but  this  is  a  point  fir  future 
discussion.    My  present  object  is  to  show  a  great 


2;v. 


TimiTY  VI:AI5S'  vikw. 


Pi 


.  -i-  > 


f-i 


i   % 


iiHTtMsc  ii)  II  slioii  tiMu<;  imd  U>  show  timl,  not 
to  atrcct  iniiiviiliiiils,  Imt  lo  sliow  tlu'  iitccssity 
«>r|iruotisin;;  wlmt  wo  all  jnoft'ss— ccoiioiny.  I 
nin  iij;ainst  k(('|iiii|;  up  n  n'voiiuo,  allor  (lit'  tloltt 
ami  |K>iiKions  aiv  paid,  as  larp-,  or  nearly  as  lar^^r, 
as  (lio  I'xpfiidiliin'  was  in  ISL'2,  \S'2',\,  with  (lii'sr 
items  included.  I  am  lor  thnnvinjr  down  my 
load,  when  I  p'f  to  (lie  end  of  my  journey.  I 
ani  lor  tlm)win;j;  oil"  tlie  burden  of  tlie  debt,  when 
I  ne(  (o  (he  end  of  (he  del>(,  'I'lie  burden  ol  (he 
debt  is  the  (axes  levied  on  a<vount  ol'il.  1  am 
for  abolishinj;  (lu's<>  (axes;  and  (his  is  (he  }^';rea( 
<|Ues(ion  upon  which  parlies  now  pi  (o  trial  be- 
fore (he  American  ]ieo|ile.  One  word  more,  and 
I  am  done  for  (he  presen(.  The  sena(or  for 
Maryland,  to  miiKc  up  a  goodly  averajic  for  \S'2'2, 
and  IS'j;!.  adds  tin-  e\penili(i!tv  of  IS'JI,  which 
includes,  besides  sixteen  millions  and  a  half  for 
(he  jinblic  deb(,  and  a  million  and  a  half  for  |M'n- 
.^ioiis,  (he  sum  of  (i\e  miHions  for  lhepiirelm.se 
of  Klorida.  Sir,  lu'  nius(  dethicl  twen(y-(wo 
millions  from  tliat  ciimpiilatiou  ;  and  that  de- 
duction will  brill;-;  his  average  for  (hose  years  (o 
ajrree  very  elo.'^ely  wi(h  my  sta(ement." 

It  W!is  soniethin;;  at  the  time  this  iiupiiry 
took  place  (o  Know  which  was  right — Ciencral 
Smith,  or  my.-clf.  Two  millions,  more  or  less, 
jicr  aimiini  in  (he  public  cxi>cudi(ur»'s,  was  then 
soiiiclhiui:  -a  tliiui;  to  be  talked  about,  and  ac- 
coiiiitcti  tor,  iiuuni;^-  the  i-conomical  men  of  that 
{\\\.  It  .-oeiiis  to  be  nothing  now,  when  the 
incivascs  ari<  many  millions  per  annum- when 
personal  and  job  legislation  luivo  become  the 
fiwiiient  practice — when  coiUraets  are  legislated 
to  adveuturern  ami  speculators — when  the  halls 
of  (.''tingress  have  ciuue  to  be  considered  the  pro- 
jvr  place  to  lay  the  foundations,  or  to  ivpair  the 
dilapidations  of  milliouary  fordincs:  and  when 
the  public  lisc,  and  (ho  nadonal  domain  may  con- 
sidei  (hemselves  fortunate  sinuetimes  in  getting 
otrwith  a  loss  of  two  inillions  in  a  single  opera- 
tion. 


C  II  APT  Ell    LXIII. 

B.VXK    OK   TUK  VXITKO    ST.VTKS-KKCH.MiTKU. 
».\)MMKNOKMKNT  OK  TllK  riiOOKKOINli!*.  i 

Fs  the  month  of  Dowmbcr,  l8ol,  the  'National  ; 
Republicans"  (as  the  party  was  then  called 
whidi  afterwards  took  the  name  of  "whig),  as- 
PcMubled  in  convention  at  Ihiltiinoro  to  nominate  ! 
candidates  of  their  jMirty  for  the  pivsidcntial.and 
vice-prosidential  election,  which  was  to  take 
place  in  the  autumn  of  the  eusuuig  yejjr.     The  , 


noiuiiiations  were  made— Henry  Clay  of  Ken- 
tucky, liir  rii'.^ideiit ;  and  .lolin  Scrgeanl  of 
Pennsylvania  for  Vice-I*residen( :  and  (henouii- 
ua(ions  accipdil  by  (hem  respectively  After- 
wards, and  according  to  what  was  usual  on  such 
occasions,  the  convention  issued  an  atldii'ss  to 
(he  people  of  the  I'nitetl  States,  setting  forth 
the  merits  of  their  own,  and  (he  demerits  of  tlio 
opjiosite  candidate;  and  presenting  the  party 
issues  which  were  to  ho  tried  in  the  ensuint; 
elections.  So  far  us  these  issues  were  |iolilicnl, 
they  were  legitimate  subjeclj*  to  place  before  the 
people :  so  far  as  they  weiv  not  political,  they 
were  illegitimate,  and  wrongfully  dia|jged  into 
llu>  political  arena,  to  be  made  suU-'.-rvient  to 
party  elevation.  Of  this  character  were  the  topics 
of  the  (ariir,  of  internal  improvement,  the  re- 
moval of  the  Cherokee  Indians,  an<l  the  renewiJ 
of  the  rnited  States  Ihnik  charter.  Of  tlieso 
four  subjects,  all  of  them  in  their  nature  uncou- 
iiccled  with  politics,  and  reipiiring  for  their  own 
good  to  remain  so  unconnected,  1  now  notice  hut 
one — (hat  of  the  renewal  of  tlie  charter  of  the 
existing  national  bank  ; — and  which  was  now 
l>rcseuted  as  a  party  object,  and  as  an  issue  in 
(he  election,  and  under  all  the  cxajigerakHl  as- 
pects w  liich  party  tactics  consider  lawful  in  the 
prosecution  of  their  aims.     The  address  said : 

''  Xext  to  the  great  nieasmvs  of  policy  which 
protect  and  encourage  domestic  industry,  the 
most  important  tpiestion,  connected  wilii  the 
cconoiiiieal  pi)licy  of  the  country,  is  that  of  the 
bank.  'I'his  great  anil  benelieial  institution,  by 
facilitating  exchanges  between  dideient  jiarts  of 
the  I'nion,  and  maintaining  a  sound,  ample,  and 
healthy  state  of  the  currency,  may  he  said  to 
supply  the  body  politic,  economically  viewed, 
with  a  Cv...tiimal  stream  of  life-blood,  without 
which  it  must  inevitably  languish,  and  sink  into 
exhaustion.  It  was  lirst  conceived  and  organ- 
ized by  the  powerful  mind  of  Hamilton.  After 
having  been  temporarily  shaken  by  (l;e  honest 
(hoiigli  gioiuulless  scrujiles  of  other  statesmen, 
it  has  been  recalled  to  existence  by  the  getieml 
consent  of  all  iiartie.s,  and  with  tlie  univer.sal  a|)- 
probation  of  the  jieoplo.  I'luler  the  ablest  and 
most  faithful  management  it  has  been  for  many 
years  past  pursuing  a  course  of  steady  and  con- 
stantly increasing  inllnence.  Such  is  the  institu- 
tion which  the  President  has  gone  out  of  his  w.ay 
in  several  successive  nies.s^iges,  without  a  pivtence 
of  necessity  or  plausible  motive,  in  (he  tirst  in- 
stance SIX  years  before  his  suggestion  could  with 
any  propriety  be  acted  upon,  to  denounce  to 
Congress  i\s  a  sort  of  nuisance,  and  ci>nsign,  as 
far  as  his  iulluencc  extends,  to  imnieiiiute  de* 
slructiou. 


1 1 


} 


I 


ANNO  1832.    ANDIIHW  JACKSON,  rilESlDENT. 


233 


I  y  {^liiy  »>r  Kon- 
iliii   Scriii'iuit   of 
it :  iiiul  till!  iiouu- 
vilivi-ly.     After- 
VtlH  IIM1»1  <>i>  ►*"<^'' 
•il  MX  mUlivHH  to 
tos,  si'tliut;  fortlj 
10  (U'lnorits  of  the 
ontiiif;  llio  party 
i;d  in  till'  i'ii»"i»K 
u>8  wi'iT  iioliticnJ, 
to  |>liu-c  boforo  the 
not  politii'iil,  tlii'y 
ully  (linjinod  into 
(U«  «ul>-vrviiiit  to 
•tov  woio  the  topics 
ii'ovi'UK'iit,  till)  rc- 
is,  luid  tlio  rcncwivl 
•luiiti-r.     Of  Uicso 
hoir  nal\uc  iincoii- 
liriuH  for  llu  ir  own 
(I,  I  now  nolice  but 

tlio  rliartt-r  of  the 
111  whii-h  \v:»«  iu)\v 

uiul  us  an  issue  in 
he  o.\ajip'ruti\l  IU<- 
isiilcr  lawful  in  the 

he  atUlri'ss  said: 

•i<s  of  polioy  which 
i-slic   industry,  the 
)nncclcd   with   the 
itry.  is  tlutt  of  the 
iaV  instil  lit  ion,  by 
n  ditVorciit  parts  of 
sound,  ample,  and 
■y.  may  be   said  to 
"nomieally   viewed, 
life-blood,  without 
_uish.  and  sink  into 
nceived  and  ortran- 
.  Hamilton.     AfUT 
iken  by  tl;e  honest 
.  other  statesmen, 
nee  by  the  general 
;h  the  universal  ajv- 
lor  the  ablest  and 
las  been  for  many 
of  steady  and  con- 
Such  is  the  institu- 
gone  out  of  his  way 
^  without  a  pivtencc 
ive.  in  the  tirst  ni- 
jlgestion  could  with 
in,  to   denounce  to 
ice,  and  consign,  as 
;,  to  immcdiuto  dii* 


\m 


"  For  this  deininciation  no  pretext  of  any  aile- 
quatu  motive  is  assigned.  At  a  tinje  whrn  the 
institution  is  known  to  all  to  )h)  in  the  most 
ellicicnt  and  prosperous  state — to  be  doing  all 
that  any  bank  ever  did  or  can  do,  we  are  brii'lly 
told  ill  ten  words,  that  it  has  not  cH'ected  the 
obji'ets  for  which  it  was  instituti'd,  and  must  be 
abolished.  Another  iimtitution  is  rcconniiendctl 
as  a  substitute,  which,  so  far  as  the  description 
given  of  it  can  be  understood,  would  be  no  better 
than  a  machine  in  the  hands  of  the  government 
for  fabricating  and  i.ssiiing  paper  money  without 
flii'ck  or  responsiltility,  In  his  re(U'nt  message 
to  Congress,  the  I'resi<lent  declares,  for  the  third 
time,  his  opinion  on  these  subjecits,  in  the  same 
coiicisi!  and  authoritative  style  as  before,  and  in- 
timates that  he  shall  consider  his  re-election  as 
nil  exjjression  of  the  opinion  of  the  people  that 
they  ought  to  be  acted  on.  If,  therefore,  the 
I'rosident  be  re-eleeted,  it  may  Ik)  (ronsidered 
certain  that  the  bank  will  be  abolished,  and  the 
institution  which  he  has  re(;omniendcd,  or  some- 
thing like  it,  substituted  in  its  plaee. 

"  Are  the  |K!ople  of  the  United  States  pn'parcfl 
for  this  ?  Are  they  ready  to  destroy  one  of  their 
most  valuable  establishments  to  gratify  the  ea- 
jirice  of  a  chief  magistrate,  who  reason.s.  and  ad- 
vises upon  a  sidiject,  with  thedetailsofwliichheis 
evidently  uniuMpiainted,  in  direct  contradiction  to 
the  opinion  of  his  own  olllcial  counsellor.';?  Are 
the  enterprising,  liberal,  high-minded,  and  intel- 
ligent iiuirlKiiitu  of  the  Union  willing  to  coun- 
tenance such  a  measure  ?  Are  the  cultivators 
of  the  West,  who  tlntl  in  the  Hank  of  the  UnittMl 
States  a  never-failing  sovuce  of  that  mpitnl, 
which  is  so  essential  to  their  prosperity,  and 
which  they  can  get  nowhere  else,  prepared  to 
lend  their  aid  in  drying  up  the  fountain  of  their 
own  prosperity?  Is  there  any  class  of  the 
jieople  or  section  of  the  Union  so  lost  to  every 
sentiment  of  common  prudence,  so  regardless  of 
all  the  principles  of  republican  government,  as 
to  place  in  the  hands  of  the  executive  depait- 
iiieiit  the  means  of  an  invsponsible  and  unlim- 
ited issue  of  jiaper  money — in  other  words,  the 
means  of  corruption  without  check  or  bounds? 
If  such  be.  in  fact,  the  wishes  of  the  people,  they 
will  act  with  consistency  and  propriety  in  voting 
for  Oeneral  Jackson,  as  President  of  the  United 
States ;  for,  by  his  re-election,  all  these  disas- 
trous effects  will  certainly  be  produce<l.  He  is 
fully  and  three  times  over  pledged  to  the  people 
to  negative  any  bill  that  may  be  pa.ssed  for  re 
chartering  the  bank,  and  there  is  little  doidtt 
that  the  additional  intluence  which  he  would 
nc(iuire  by  a  re-election,  woidd  be  employed 
t)  carry  through  Congress  the  extraordinary 
substitute  which  ho  ha.s  repefctedly  projiooed." 

Thus  the  bank  question  was  fully  presented 
ns  an  issue  in  the  election  by  that  part  of  its 
friends  which  classed  politically  against  Presi- 
dent Jackson;   but    it    had    also   democratic 


friends,  without  whoso  aid  thu  recharter  could 
not  be  got   through  Congress;  and  the  result 
produced  which  was  contemplated  with   Iioik) 
and  pleasure — responsibility  of  a  veto  thrown 
upon  the  President.     The  consent  of  this  wing 
was  necessary :  and  it  wits  obtaiiu^d  as  related 
in  a  previous  chapter,  through  the  instrumen- 
tality of  a  caucus — that  contrivance  of  modern 
invention   by  which  a  few  govern   many — by 
which  the  many  are  not  only  led  by  the  few,  but 
subjugated  by  tbcin,  and  turned  against  them- 
selves :  and  after  having  performed  at  the  cau- 
cus as  iijiffuninlt;  (to  make  up  a  majority),  bo- 
come  real  actors  in  doing  what  they  condemn. 
The  two  wings  of  the  bank  friends  were  brought 
together  by  this  nuichinery,  us  already  related 
in  chapter  Ixi. ;  and  operations  for  the  new  char- 
ter innn.diiitely  commenced,  in   conformity  to 
the  decision.    On  the  Oth  day  of  January  tho 
memorial  of  the  Pi-esident,  Directors  &  Com- 
pany of  the  Bank  was  presented  in  each  House 
— by  Mr.  Dallas  in  the  Senate,  and  Mr.  McDullie 
in  the  House  of  Representatives  ;  and  while  con- 
demning the  time  of  bringing  forward  the  cpies- 
tioii  of  the  recharter,  Mr.  Dallas,  in  further  inti- 
mation of  his  previously  signified  opinion  of  its 
then  dangerous  introduction,  said:  "  He  became 
a  willing,  as  he  was   virtually  an   instructed 
agent,  in  promoting  to  the  extent  of  his  humble 
ability,  an  object  which,  however  ddii^rroiiJtly 
limed  iln  inlrii<lnclion  ini^ht  ncein,  was  in  itself 
as  he  (romreived,  entitled  to  every  consideration 
and  favor."     Mr.  Dallas  then  moved  for  a  select 
committee  to  revise,  consider,  an<l  lejiort  upon 
the  memorial — which  motion  was  granted,  and 
Messrs.  Dallas,  Webster,  Ewingof  Ohio,  Hayne 
of  Soulh  <Jaroliiia,  and  Johnston  of  Louisiana, 
were  appointed  the  committee — elected  for  that 
purpose  by  a  vote  of  the  Senate — and  all  except 
one  favorable  to  tho  recharter. 

In  the  House  of  Uepresentativcs  Mr.  McDufHe 
did  not  ask  for  the  same  reference — a  select 
conunittee— but  to  the  standing  committee  of 
Ways  and  Means,  of  which  ho  was  chairman, 
and  which  was  nuiinly  composed  of  tho  same 
members  as  at  the  previous  .session  when  it  rc- 
iwrted  so  elaborately  in  favor  of  the  haidi.  Tho 
reason  of  this  difference  on  the  point  of  tho 
reference  was  understood  to  be  this :  that  in  tho 
Senate  the  committee  being  elective,  and  the 
majority  of  tho  body  favorable  to  the  bank,  a 
favorable  committco  was  certain  to  be  had  ou 


f.:?"'^ 


234 


THIRTY  YEARS'  VIEW. 


4A 


w 


i! 


m 


ill: 


I'lHl 


ballot — while  in  the  House  the  appointment  of 
the  committee  heing  in  the  hands  of  the  Speaker 
(Mr.  Stevenson),  and  ho  adverse  to  the  institu- 
tion, the  same  favorable  result  could  not  be  safely 
counted  on ;  and,  therefore,  the  select  committee 
was  avoided,  and  the  one  known  to  be  favorable 
was  preferred.  This  led  to  an  adverse  motion  to 
refei  to  a  select  committee — in  support  of  which 
motion  Mr.  Wayne  of  Georgia,  since  appointed 
ono  of  the  justices  of  the  Supreme  Court,  said : 

"  That  he  had  on  a  former  occasion  expressed 
his  objection  to  the  reference  of  this  subject  to 
the  Committee  of  Ways  and  Merns;  and  he 
should  not  trouble  the  House  by  repeating  now 
what  he  had  advanced  at  the  commencement  of 
the  session  in  favor  of  the  appointment  of  a  se- 
lect committee  ;  but  he  called  upon  gentlemen 
to  consider  what  was  the  attitude  of  the  Com- 
mittee of  Ways  and  Means  in  reference  to  the 
bank  question,  and  to  compare  it  with  the  atti- 
tude in  which  that  question  had  been  presented 
to  the  House  by  the  President  of  the  United 
States  ;  and  he  would  ask,  whether  it  was  not 
manifestly  proper  to  submit  the  memorial  to  a 
committee  entirely  uncommitted  upon  the  sub- 
ject. But  this  was  not  the  object  for  which  he 
had  risen ;  the  present  question  had  not  come 
upon  hini  unexpectedly ;  he  had  been  aware 
before  he  entered  the  House  that  a  memorial 
of  this  kind  would  this  morning  be  presented ; 
and  when  he  looked  back  upon  the  occurrences 
of  the  last  four  weeks,  and  remembered  what 
had  taken  place  at  a  late  convention  in  Balti- 
more, and  the  motives  which  had  been  avowed 
for  bringing  forward  the  subject  at  this  time, 
he  must  say  that  gentlemen  ought  not  to  per- 
mit a  petition  of  this  kind  to  receive  the  atten- 
tion of  the  House.  Who  could  doubt  that  the 
presentation  of  that  memorial  was  in  fact  a 
party  measure,  intended  to  have  an  important 
operation  on  persons  occupying  the  highest 
olHces  of  the  government  )  If,  however,  it 
should  be  considered  necessary  to  enter  upon 
the  subject  at  the  present  time,  Mr.  Wayne 
said  he  was  prepared  to  meet  it.  But  when 
gentlemen  saw  distinctly  before  their  eyes  the 
motive  of  such  a  proceeding,  he  hojied  that,  not- 
withstanding there  might  be  a  majority  in  the 
House  in  favor  of  the  bank,  gentlemen  would 
not  lend  themselves  to  that  kind  of  action. 
Could  it  be  necessary  to  take  up  the  question 
of  rechartcring  the  bank  at  the  present  session  ? 
Gentlemen  all  knew  that  four  years  must  pass 
before  its  charter  would  expire,  and  that  Con- 
gress had  power  to  extend  the  period,  if  further 
time  was  necessary  to  wind  up  its  affairs.  It 
was  known  that  other  subjects  of  an  exciting 
character  must  come  up  during  the  present  ses- 
sion ;  and  could  there  be  any  necessity  or  pro- 
priety in  throwing  additional  matter  into  the 
House,  calculated  to  raise  that  excitement  yet 
higher?" 


Mr.  McDuffic  absolved  himself  from  all  con- 
nection with  the  Baltimore  national  republican 
convention,  and  claimed  like  absolution  for  the 
directory  of  the  bank ;  and  intimated  that  a 
caucus  consultation  to  which  democratic  mem- 
bers were  party,  had  led  to  the  presentation  of 
the  memorial  at  this  time  ; — an  intimation  en- 
tirely true,  only  it  should  have  comprehended 
all  the  friends  of  the  bank  of  both  political  par- 
ties. A  running  debate  took  place  on  these 
motions,  in  which  many  members  engaged. 
Admitting  that  the  parliamentary  law  required 
a  friendly  committee  for  the  application,  it  was 
yet  urged  that  that  committee  should  be  a  se- 
lect one,  charged  with  the  single  subject,  and 
with  leisure  to  make  investigations  ; — which 
leisure  the  Committee  of  Ways  did  not  possess 
— and  could  merely  report  as  formerly,  and 
without  giving  any  additional  information  to 
the  House.    Mr.  Arclur  of  Virginia,  said : 

"  As  regarded  the  disposal  of  the  memorial.  It 
appeared  clear  to  him  that  a  select  committee 
would  be  the  proper  one.  This  had  been  the 
disposal  adopted  with  all  former  memorials. 
Why  vary  the  mode  now  1  The  subject  was  of 
a  magnitude  to  entitle  it  to  a  special  committee. 
As  regarded  the  Conmiittce  of  Ways  and  Means, 
with  its  im{)ortant  functions,  were  not  its  hands 
to  be  regarded  as  too  fidl  for  the  great  attention 
which  this  matter  must  demand  ?  It  was  to  be 
remarked,  too,  that  this  committee,  at  a  former 
session,  with  little  variety  in  its  composition, 
had,  in  the  most  formal  manner,  expressed  its 
opinion  on  the  great  question  mvolved.  AVo 
ought  not,  as  had  been  said,  to  put  the  memorial 
to  a  nurse  which  would  strangle  it.  Neither 
would  it  be  proper  to  send  it  to  an  inquest  in 
which  its  fiite  had  been  prejudged.  Let  it  go  to 
either  the  Committee  of  Ways  and  Jlcans,  or  a 
select  committee ;  the  chairman  of  that  commit- 
tee would  stand  as  he  ought,  in  the  same  relation 
to  it.  If  the  last  disposal  were  adopted,  too,  the 
majority  of  the  committee  would  consist,  under 
the  usage  in  that  respect,  of  friends  of  the  mea- 
sure. The  recommendation  of  this  mode  was, 
that  it  would  present  the  nearest  approach  to 
equality  in  the  contest,  of  which  the  case  ad- 
mitted. 

"  Mr.  Mitchell,  of  South  Carolina,  said  that 
he  concurred  entirely  in  the  views  of  his  friend 
from  Georgia  [Mr.  Wayne].  He  did  not  think 
that  the  bank  question  ought  to  be  taken  up  at 
all  this  session ;  but  if  it  were,  it  ought  most 
unquestionably  to  be  referred  to  a  select  com- 
mittee. He  saw  no  reason,  however,  for  its 
being  referred  at  all.  The  member  from  South 
Carolina  [Mr.  McDuffie]  tells  us,  said  Mr.  M., 
that  it  involves  the  vast  amount  of  fifty  riiillipna 
of  dollars;  that  this  is  dispersed  to  ever  f  class 


\ 


m  r^ 


ANNO  1832.    ANDREW  JACKSON,  PRESIDENT. 


235 


self  from  all  con- 
ational  republican 
absolution  for  the 
intimated  that  a 
democratic  mem- 
[ic  presentation  of 
an  intimation  en- 
xvc  comprehended 
both  political  par- 
)k  place  on  these 
nembers   engaged, 
ntary  law  required 
application,  it  was 
tec  should  be  a  se- 
singlo  subject,  and 
stigations  ; — which 
lys  did  not  possess 
as  formerly,  and 
nal  information  to 
i''irginia,  said : 

of  t'ic  memorial,  It 
a  select  committee 
This  had  been  the 
former  memorials. 
The  subject  was  of 
I  special  committee, 
af  Ways  and  Means, 
,  were  not  its  hands 
■  the  great  attention 
and  ?     It  was  to  be 
nmittce,  at  a  former 
in  its  composition, 
inner,  expressed  its 
vion  mvolvcd.     Wo 
to  put  the  memorial 
rangle  it.     Neither 
it  to  an  inquest  in 
idged.    Let  it  go  to 
lys  and  Jlcans,  or  a 
[nan  of  that  commit- 
lin  the  sanie  rehition 
TC  adopted,  too,  the 
•ould  consist,  under 
friends  of  thcmea- 
of  this  mode  was, 
learest  approach  to 
hich  the  case  ad- 
Carolina,  said  that 
I  views  of  his  friend 
He  did  not  thinlc 
lit  to  be  taken  up  at 
l-ere,  it  ought  most 
led  to  a  select  com- 
Q,  however,  for  its 
nember  from  South 
lis  us,  said  Mr.  M., 
lunt  of  fifty  millions 
lersed  to  everf  class 


t 


of  people  in  our  widely  extended  countrj' ;  and 
if  tlie  question  of  rochartering  were  not  decided 
now,  it  would  hazard  tliese  great  and  complicated 
interests.  Mr.  M.  said  he  attached  no  impor- 
tance to  this  argument.  The  stockholders  who 
met  lately  at  Philadelphia  thought  differently, 
for,  by  a  solemn  resolution,  they  left  it  discre- 
tionary with  tiie  president  of  tlie  bank  to  propose 
the  (juestion  to  Congress  when  ho  saw  fit.  If 
they  had  thought  that  a  postponement  would 
liave  endangered  their  interests,  would  they  not 
have  said  so?  This  fact  does  •'.tsray  the  argu- 
nient  of  the  member  from  Soutli  Carolina.  The 
bank  question  was  decided  by  the  strongest 
jiarty  question  which  could  I'C  put  to  this  or 
any  House.  It  has  been  twice  discussed  within 
a  few  years.  It  wa.s  rejected  once  in  the  Senate 
by  the  vote  of  the  Vice-President,  and  it  after- 
wards passed  this  House  with  a  majority  of  two. 
It  would  divide  the  whole  country,  and  excite 
on  that  door,  feelings  of  the  most  exasperated 
bitterness.  Not  a  party  question  ?  Does  not 
the  member  from  South  Carolina  [Mr.  McDuffie] 
remember  that  this  question  divided  the  country 
into  federalists  and  republicans  ?  It  was  a  great 
constitutional  question,  and  he  hoped  all  those 
who  thought  with  him,  would  rally  against  it 
in  all  their  strength.  But  why  refer  it  to  the 
Coniuiitte  of  Ways  and  Means  ?  It  was  com- 
niitted  before  to  a  select  committee  on  national 
currency.  If  the  question  was  merely  financial, 
as  whether  we  should  sell  our  stock,  and,  if  we 
did.  whether  we  should  sell  it  to  the  bank,  he 
would  not  object  to  its  being  referred  to  the 
Conuiiittee  of  W&ys  and  Means.  But  it  was  not 
a  question  of  revenue.  It  was  one  of  policy  and 
the  constitution — one  of  vast  magnitude  and  of 
the  greatest  complexity — requiring  a  committee 
of  the  most  distinguished  abilities  on  that  floor. 
It  was  a  party  question  in  reference  to  men  and 
things  out  of  doors.  Those  who  deny  this,  must 
be  blind  to  every  thing  around  them — we  hear 
it  every  where — we  see  it  in  all  which  we  read. 
Sir,  we  have  now  on  hand  a  topic  which  must 
cngro.ss  every  thought  and  feeling — a  topic  which 
perhaps  involves  the  destinies  of  this  nation — a 
topic  of  such  magnitude  as  to  occupy  us  the  re- 
mainder of  the  session ;  I  mean  the  tarifi:  I 
hope,  therefore,  this  memorial  will  be  laid  on  the 
table,  and,  if  not,  that  it  will  be  referred  to  a 
select  committee." 

Mr.  Charles  Johnston,  of  Virginia,  said : 

"  The  bank  has  been  of  late  distinctly  and  re- 
peatedly charged  with  using  its  funds,  and  the 
funds  rf  the  people  of  these  States,  in  operating 
\q)on  and  controlling  public  opinion.  lie  did  net, 
mean  to  express  any  opinion  as  to  the  truth  or 
falsehood  of  this  accusation,  but  it  w.is  of  suffi- 
cient consequence  to  demand  an  accurate  in- 
quiry. The  bank  was  further  charged  with 
violating  its  charter,  in  the  issue  of  a  great 
number  of  small  drafts  to  a  large  amount,  and 
payable,  in  the  language  of  the  honorable  member 


from  New-York  [Mr.  Cambreleng],  "nowhere;' 
this  charge,  also,  deserved  inquiry.  There  wero 
other  charges  of  maladministration  which  equally 
de.served  inquiry  ;  and  it  was  his  [Mr.  J.'s]  in 
tention,  at  u  future  day,  unless  some  othep 
gentleman  more  versed  m  the  business  of  tho 
House  anticipated  him,  to  pre.ss  these  inquiries 
by  a  series  of  instructions  to  the  conuuitteo 
intrusted  with  the  subject.  Mr.  J.  urged  as  an 
objection  to  referring  this  inquiry  to  tlie  Com- 
mittee of  Waj's  and  Means,  that  so  much  of 
their  time  would  be  occupied  with  the  regular 
and  important  business  connected  with  the  fiscal 
operations  of  the  government,  that  they  could 
not  spare  labor  enough  to  accomplish  the  minute 
investigations  wanted  at  their  hands.  We  had 
been  further  told  that  all  the  members  of  that 
committee  were  friendly  to  the  project  of  re- 
chartering  the  bank,  and  the  honorable  gentleman 
[Mr.  Mercer]  had  relied  upon  tho  fact,  as  a  fair 
exponent  of  public  opinion  in  favor  of  the  bank. 
He  [Mr.  J.]  added,  that  although  he  could  by 
no  means  assent  to  the  force  of  this  remark,  yet 
that  it  furnished  strong  reason  for  those  who 
wished  a  close  scrutiny  of  the  administration  of 
the  bank,  to  wish  some  gentlemen  placed  on  the 
committee  of  inquiry,  who  would  be  actuated  by 
the  zeal  of  fair  opposition  to  the  bank  ;  lie  con- 
ceded that  a  majority  of  the  committee  should 
be  composed  of  its  friends.  He  concluded,  by 
hoping  that  the  memorial  would  be  referred  to 
a  select  committee." 

Finally  the  vote  wa.s  taken,  and  the  memori* 
referred  to  the  Committee  of  Ways  and  Means 
but  by  a  slender  majority — 100  against  'JO — ano 
24  members  absent,  or  not  voting.  The  mem- 
bers of  the  committee  were:  Messrs.  McDuffio 
of  South  Carolina ;  Verplanck  of  New-York  j 
Ingersoll,  of  Connecticut ;  Gilmore,  of  Pennsyl- 
vania ;  Mark  Alexander,  of  Virginia ;  Wilde,  of 
Georgia ;  and  Gaither,  of  Kentucky. 


CHAPTER   LXIV. 

BANK  OF  TIIE  UNITED  STATES-COMMITTEE  OP 
INVESTIGATION  OKDERED. 

Skeing  the  state  of  parties  in  Congress,  and  the 
tactics  of  the  bank — that  there  was  a  majority 
in  each  House  for  the  institution,  and  no  inten- 
tion to  lose  time  in  arguing  for  it — our  course 
of  action  became  obvious,  which  was — to  attack 
incessantly,  assail  at  al!  points,  display  the  evil 
of  the  institution,  rouse  the  people — and  prepare 
them  to  sustain  the  veto.    It  was  socn  to  be  the 


236 


THIRTY  YKARH'  VIKW. 


I   '  «     ' 


policy  of  tlu'  Imiik  It-ndprs  to  curry  tlio  clmrtcr 
first,  and  (piicdy  tliroupli  tlio  Semite  ;  anduftcr- 
wards,  in  the  Hiuno  way  in  tlic  House.  Wc 
<U'tcrniincd  to  have  a  cvntest  in  both  phutes,  and 
to  force  the  hank  into  defences  which  would 
iMiu'af^ro  it  in  a  general  con\ba),  and  lay  it  open 
to  side  Mow,  a,s  well  as  direct  attacks.  With 
this  view  a  jii'cat  many  ainendinenfs  and  iiKpii- 
ricH  were  prepared  to  Ih-  ollered  in  the  Senate, 
nil  of  them  proper,  or  plausible,  rceomniendablc 
in  themselves,  and  snpjiorled  by  acceptabl'.' 
reasons;  which  tlio  friends  of  the  bank  imst 
either  answer,  or  reject  without  answer  ;  and 
HO  incur  odium.  In  the  House  it  was  determined 
to  make  a  move,  which,  whether  n  sisti  !  or 
admitted  by  tlie  bank  majority,  would  be  certain 
to  have  an  elfect  p;?:aiii  ;t  ihe  institution — namely, 
an  invest ifrnt^m  by  a  coinmittee  of  the  House, 
as  provided  fo.'  in  tlie  charter.  If  the  investi- 
gation was  denied,  it  would  be  guilt  slniukinf.'; 
from  deti'ction  ;  if  admitted,  it  was  well  known 
that  niisconditct  would  Ik?  found.  I  conceiv'.<l 
this  niovenient,  arid  had  chnrjje  of  its  direction. 
I  preferred  the  House  for  the  theatre  of  investi- 
gation, a.s  most  appropriate,  being  fhe  grand 
inipiest  of  the  nation  ;  and,  besides,  wished  a 
I'oiitest  to  begoingon  there  wliile  the  Senate  was 
engaged  in  passing  the  charter ;  and  the  right 
\o  ra'-^e  ihe  conunitteo  was  complete,  in  either 
House.  Besides  the  right  reserved  in  the  char- 
ter, theiv  was  a  natural  light,  when  the  corpo- 
ration was  asked  for  a  renewed  lease,  to  in(piire 
how  it  had  acted  under  the  pivvlous  one.  I  got 
Mr.  Clayton,  a  new  member  from  (ieorgia  (who 
had  written  a  jmmphlet  against  the  bank  in  his 
own  State),  to  take  cliarge  of  the  movement  ; 
and  gave  him  a  memorandum  of  seven  alleged 
bivaches  of  the  charter,  and  liftei'u  instances  o" 
iiuiuit'.'d  misconduct,  to  iiuiuire  into,  if  he  git 
lis  ciMumittee;  or  to  allege  on  the  floor,  if  I. o 
enco.mtered  resistance. 

On  Thursday,  the  23d  of  February,  Mr. 
Clayton  made  his  motion — '  That  a  select  com- 
mittee be  apj)ointcd  to  examine  in*o  ihe  atlairs 
of  tiio  IJank  of  the  United  StiUes.  with  power  to 
send  for  persons  ami  jiajHTS,  and  to  report  the 
result  of  tlieir  impiiries  to  the  House."  This 
motion  was  objected  to,  and  its  consideration 
postponed  until  the  ensuing  Mondi}'.  Called 
up  oi;  that  day.  an  attemj  t  wns  I'.iade  to  repul.se 
it  fr(  in  the  consideration  of  the  House.  Mr. 
Watmough,  a  representative  from  Penn.sylvania, 


and  from  the  city,  a  friend  to  the  bank,  nnd 
from  his  locality  and  friendship  supposed  to  lio 
familiar  with  its  wishes,  raised  the  (|UeKtion  of 
consideration — that  is,  culled  on  the  House  to 
decide  wliether  they  would  consider  Mr.  ("lay- 
ton'.s  motion ;  a  (piestion  which  is  only  raisid 
under  the  parliamentary  law  where  the  motion 
is  too  frivolous,  or  flagrantly  imi)roi)er,  to  re- 
ceive the  attention  of  tlie  lIouRc.  It  was  a  false 
move  on  the  part  of  the  institution  ;  and  tho 
more  so  as  it  seemed  to  be  the  result  of  deliber- 
ation, and  came  from  its  immediate  reiueseiita- 
tivc.  Mr.  Polk,  of  Tennessee,  saw  Ihe  advantage 
presented  ;  and  as  the  question  of  con-^ideralion 
wius  not  debatable,  he  ilemanded,  us  the  only 
niO('<!  of  holding  the  movement  to  its  respon- 
sibility, the  yeas  and  nays  on  Mr.  Watmongh'.s 
(piesiion.  Ihit  it  W(  iit  off  on  a  diirerent  ])oint — 
a  point  of  order — the  (pM-stion  of  consideration 
not  ly.ng  after  the  House  has  taken  action  on 
(he  -iibject ;  a  id  in  this  case  that  had  been  done 
— very  little  action  to  be  sure — only  postponing 
the  consideration  from  one  day  to  .'luother  ;  but 
enough  to  satisfy  the  rule  ;  and  so  the  iiiolioii 
of  Mr.  AVatmough  was  disallowed;  and  the 
(juestion  of  consideration  let  in.  Another  move- 
ment was  then  made  to  cut  of]'  discussion,  and 
get  rid  of  the  resolution,  by  a  motion  to  lay  it 
on  the  table,  also  made  by  a  friend  of  the  bank 
(.Mr.  lA?wis  Williams,  of  North  Carolina].  This 
motion  was  withdrawn  at  the  instance  of  Mr. 
McDullie,  who  began  to  sec  the  ellect  of  these 
motions  to  suppress,  not  only  investigation,  but 
congressional  discussion  ;  and.  besides,  Air.  Mc- 
Dullie was  a  bold  man.  and  an  able  debater, 
and  had  e.x.imined  the  subject,  and  reported  in 
favor  of  the  bank,  and  fully  believed  in  its 
purity:  and  was.  tiierefore,  the  less  averse  to 
debate.  Uiit  resistance  to  investigation  was 
continued  by  ■  hers,  and  wa.s  .sevci  ly  anlmad- 
vorled  upon  by  several  speake.-* — among  oinera, 
by  Mr.  I'olk  of  Tennessee,  who  said: 

'"  The  bank  asks  a  renewal  of  its  char*'T ;  and 
ought  its  friends  to  object  to  th  Muquiry  ?  He 
mu- 1  say  that  he  had  been  v*.  ..little  surpri.«ed 
at  the  unexpected resistani  .>  which  l!:.d  been  of- 
ferred  to  the  resolution  unrter  consideration,  by 
the  friends  and  admirers  of  this  institution — by 
tiiose  who,  no  doubt,  sincerel}-  believed  its  con- 
liruedexistence  lor  another  term  of  twenty  years 
to  be  essential  to  the  prosperity  of  the  country. 
He  reiK'ated  his  surprise  that  its  friends  should 
be  found  shrinking  from  the  investigation  pro- 
posed.    He  would  not  say  that  such  resistance 


i 

i 


f .  *^i. 


ANN'O  1832.     ANDREW  JACKSON   PRESTDENT. 


237 


to  the  liniik,  nnd 
lip  HU|)|)<iHe(l  to  hv> 

(l   till'  (llH'Ktioil   of 

on  tlie   House  to 
Diisiikr  Mr.  Cliiy- 
lifh  is  only  raisid 
wlii'iv  the  nioticn 
■  improper,  to  n- 
m\    Itwimalnlsci 
istitution  ;  and  tlio 
le  ix'sult  of  (Ulil)ii- 
nediate  rt'ini'st'iitii- 
,  saw  llu-  nilvnntatre 
on  of  c'on-^idiratioi» 
andi'd,  as  tlic  only 
u-nt   to  its  rc'siion- 
n  iMr.  Watnionp,irs 
1  a  diirorcnt  jioint^ 
on  of  consideration 
i!is   taken  action  on 
that  had  liecn  done 
re — only  |iost|)0!iin(^ 
lay  to  aniitlier  ;  Imt 
and  so  the  motion 
isailowed  ;    and    the 
in.     Anotliernidve- 
olT  (iiscnssicn.  and 
a  motion  to  lay  it 
frienii  of  the  hank 
1  Carolina].     This 
the  instance  of  Mr. 
the  dfcct  of  these 
inves«i;ration.  hut 
I,  hesides,  Mr.  Mc- 
1  an  ahle  dehater, 
t,  anil  rcjiorted  in 
liy   helieved   in    its 
the  less  averse  to 
investigation  was 
sevci  ly  animad- 
s — among  oiiicra, 
ho  said : 

of  its  charf'-r;  and 
th  ^  inquiry  7  lie 
.  ..little  surprised 
which  h:.d  been  of- 
r  consideration,  by 
his  institution— by 
ly  helievt  d  its  con- 
L'rm  of  twenty  years 
'ity  of  the  country, 
its  friends  should 
investigation  pro- 
luit  such  rcsibtanco 


I 


afforded  any  fair  gronndH  of  inrercncc!  that  there 
might  he  something  "rotten  in  the  state  of  Den- 
mark." He  woidd  not  nay  this ;  for  lie  did  not 
feel  himself  authorized  to  do  soj  hut  was  it  not 
perceived  that  Huch  aw  iiR-rence  might,  and 
probably  would,  ho  draw ii  hy  the  public?  On 
what  ground  was  the  inquiry  oppo.<<ed  ?  Was 
it  that  it  was  improiHT?  Was  it  that  it  was 
unusual  ?  'Die  charter  of  th((bank  itself  author- 
ized a  committie  of  either  Ilouseof  Congress  to 
examine  its  books,  and  report  upon  its  condition, 
whenever  either  Ilonse  may  choose  to  institute 
an  e.xaminution.  A  committee  of  this  House, 
upon  a  former  occasion,  did  make  sucli  un  ex- 
aminafion,  and  he  would  refer  to  their  report 
liefore  he  sat  down.  Upon  the  presentation  of 
the  bank  mi^niorial  to  the  other  branch  of  the 
legislature,  a  select  coinmittie  had  been  invested 
with  power  to  send  for  persons  ami  pa]iers,  if 
they  chose  to  do  so.  Wiieii  the  same  memorial 
was  presented  to  that  House,  what  had  been  the 
course  pursued  by  the  fii«'nds  of  the  bank  ?  A 
nvition  to  refiT  it  to  a  select  connnittee  was  o|)- 
posed.  It  was  committed  to  tlieir  favorite  Com- 
mittee of  Ways  and  Means.  He  meant  no  ilis- 
respect  to  that  conuniu'c,  when  hesai<l  that  the 
question  of  recharteriiig  the  bank  was  known  to 
have  Ikjcu  prejudged  by  that  connnittee.  When 
the  President  of  the  I'nited  States  brought  the 
subject  of  the  bank  to  the  notice  of  Congress  in 
D'cember,  lS2i),  a  select  connnittee  was  refused 
by  tiie  friends  of  the  bank,  and  that  jiortion  of  the 
message  was  referred  to  the  Connnittee  of  Ways 
and  cleans.  Precisely  tlu-  same  thing  occurred 
ut  Ihe  connnencement  of  the  last  ami  at  tlic  pre- 
sent session  of  Congress,  in  the  reference  which 
was  made  of  that  part  of  the  messages  of  the 
I'resident  upon  the  subject  of  the  bank.  The 
friends  of  this  institution  have  been  careful  al- 
ways to  commit  it  to  the  same  committee,  a 
committee  whose  opinions  were  known.  Upon 
the  occasi(m  first  referred  to,  that  committee 
made  a  report  favorable  to  the  hank,  which  was 
sent  forth  to  the  public, — not  a  report  of  facts, 
not  a  report  founded  upon  an  examination  into 
the  allairs  of  the  bank.  At  the  present  .session, 
we  were  modestly  asked  to  extend  this  bank 
mono|)oly  for  twenty  years,  without  any  such 
examination  having  taken  place.  The  connnittee 
had  reported  a  bill  to  that  effect,  but  had  given 
us  no  facts  in  relatiim  to  the  i)resent  condition 
of  the  bank.  They  had  not  even  deemed  it  ne- 
cessary to  ask  to  be  invested  with  power  to  ex- 
amine cither  into  its  present  condition,  or  into 
the  manner  in  which  its  atlairs  have  been  con- 
ducted. 

"  lie  would  now  call  the  attention  of  the  House 
to  the  examination  of  the  bank,  made  by  a  com- 
mittee of  this  House  in  the  year  IHIO,  and  under 
the  order  of  the  House,  lie  then  held  the  re- 
port of  that  committee  in  his  hand.  That  com- 
mittee visited  the  bank  at  Philadelphia ;  they 
examined  its  books,  and  scrutinized  its  conduct. 
They  examined  on  oath  the  president,  a  part  of 
the  directors  and  officers  of  the  bank.    And  wb  at 


was  the  riwult?  '/'hey  discovered  many  and 
flagrant  abuses.  Thuv  found  that  the  charter 
had  been  violated  in  (fivors  particularH,  and  they 
HO  reiKirted  to  this  Houso.  He  would  not  detain 
the  Ilonse,  however,  with  the  <lelails  of  that 
document.  Gentlemen  could  refer  to  it,  ami 
satisfy  themselves.  It  contained  nuieh  valual)l() 
information,  as  bearing  upon  the  proprtsition  now 
iK'fme  the  House.  It  was  suHlcient  to  say  that 
at  that  period,  within  three  years  after  the  bank 
had  gone  into  existence,  it  was  upi'ii  the  very 
verge  of  bankruptcy.  This  the  gentleman  from 
Houth  Candina  would  not  deny.  The  n^port  of 
the  committee  to  which  he  had  alluded  atithor- 
i/.ed  him  to  say  that  there  had  been  gross  mis- 
numagement,  he  would  not  use  any  stn)ngir 
term,  and  in  the  opinion  of  that  committ'c  fan 
opinion  never  reversed  by  Congress)  a  palpable 
violation  of  the  charter.  Now  sir,  this  was  the 
condition  of  the  bank  in  \Hl\).  The  indulgence 
of  Congress  induced  them  not  to  revoke  the 
charter.  The  bank  had  gone  on  in  its  opi  ra- 
tions. Since  that  period  no  investigation  or  ex- 
amination had  taken  place.  All  we  knew  of  it-^ 
<loings,  since  that  period,  was  from  the  p.r  jxirl^ 
reports  of  its  own  ofllcers.  These  may  all  Ij* 
correct,  but,  if  they  be  so,  it  could  do  no  harm  to 
ascertain  the  fact." 

Mr.  Clayton  then  justified  his  motion  for  thi» 
committee,^r.v<  upon  the  provisions  of  the  char 
ter  (article  23)  which  gave  ti  either  House  i>f 
Congress  the  right  at  all  times  to  appoint  a  com 
mittee  to  inspect  the  books,  and  to  examine  in 
to  the  proceedings  of  the  bank ;  and  to  reporf 
whether  the  provisions  of  the  charter  had  been 
violated ;  and  he  treated  as  a  revolt  against  this 
provision  of  the  charter,  as  well  as  a  sign  of 
guilt,  this  resistance  to  an  absolute  right  on  the 
part  of  Congress,  and  most  proper  to  Ix;  exercised 
when  the  institution  was  soliciting  the  continu- 
ation of  its  privileges ;  and  which  riglit  hail  been 
exercised  by  the  House  in  1819,  when  its  com- 
mittee found  various  violations  of  the  charter, 
and  proposed  a  scire  J'aciun  to  vacate  it ; — which 
was  only  refused  by  Congress,  not  for  the  sake 
of  the  bank,  but  for  the  community — whose  dis- 
tresses the  closing  of  the  bank  might  aggravate. 
Next,  he  justified  his  motion  on  the  ground  of 
misconduct  in  the  bank  in  seven  instances  of 
violated  charter,  involving  forfeiture ;  and  fifteen 
instances  of  abuse,  which  required  correction, 
though  not  amounting  to  forfeiture  of  the  char- 
ter. All  these  he  read  to  the  House,  one  by 
one,  from  a  narrow  slip  of  paper,  which  he  con- 
tinued rolling  round  his  finger  all  the  time. 
The  memorandum  was  mine — in  my  handwrit- 
ing— given  to  him  to  copy,  and  amplify,  as  thej 


2SS 


THIRTY  YEARS'  VIEW. 


.IHi'li 


11  ill 


were  brief  memoranda.  lie  liad  not  copied 
them ;  and  liavinj?  to  justify  suddenly,  lie  used 
the  plipl  liad  given  him — rolling  it  on  liis  finger, 
as  on  ft  cylinder,  to  prevent  my  handwriting 
from  iK'ing  seen  :  so  he  afterwards  (old  mo  him- 
self. The  reading  of  these  twenty-two  heads  of 
accusation,  like  so  many  counts  in  an  imlict- 
ment,  sprung  the  friends  of  the  bank  to  tlieir 
feet — and  its  foes  also — each  finding  in  it  some- 
thing to  rouse  them — one  to  the  defence,  tlie  other 
to  the  attack.  The  accusatory  list  wa.s  as  fol- 
lows : 

"Fiust:  Violations  of  charier  amounliug 
to  I'orfei/nrc : 

"J.  The  issue  of  seven  millions,  and  more,  of 
branch  bank  orders  as  a  currency. 

*•  2.  Usury  on  broken  bank  notes  in  Ohio  and 
Kentucky' :  nine  hundred  thousand  dollars  in 
Ohio,  and  nearly  as  nmch  in  Kentucky.  See  2 
Peters'  Reports,  p.  527,  as  to  the  nature  of  the 
case. 

''  3.  Domestic  bills  of  exchange,  disguised  loans 
to  take  more  than  at  the  rate  of  six  per  cent. 
Sixteen  millions  of  these  bills  for  December  last. 
See  monthly  statements. 

4.  Non-user  of  the  charter.  In  this,  that 
fl-om  181 'J  to  182(i,  a  period  of  seven  years,  the 
South  and  West  branches  issued  no  currency  of 
any  kind.  Sec  the  doctrine  on  non-user  of  char- 
ter and  duty  of  corporations  to  act  up  to  the 
end  of  their  institution,  and  forfeiture  for  neg- 
lecU 

"  5.  Building  houses  to  rent.  See  limitation 
in  their  charter  on  the  right  to  liold  real  pro- 
perty. 

"  (i.  In  the  capital  stock,  not  having  due  pro- 
portion of  coin. 

"7.  Foreigners  voting  for  directors,  through 
their  trustees. 

"Skcond:  Abuses  worthy  of  inqidry.  not 
avinuuliii^  to  forfeiture,  but  goins;,  if  true, 
clearly  to  show  the  inexpediency  of  renewing 
the  charter. 

"  1.  Not  cashing  its  own  notes,  or  receiving 
in  deposit  at  each  branch,  and  at  the  parent 
bank,  the  notes  of  each  other.  By  rcason  of 
this  practice,  notes  of  the  mother  bunk  are  at  a 
discount  at  many,  if  not  all,  of  her  branches,  and 
Cuinpletely  negatives  the  assertion  of  'sound 
and  luiiform  currency.' 

"2.  Making  a  difference  in  receiving  notes 
from  the  federal  government  and  the  citizens  of 
the  States.  This  is  admitted  as  to  all  notes 
above  five  dollars. 

"  ?),  Making  a  dilTorence  between  members  of 
Congress  and  the  citizens  generally,  in  both 
granting  loans  and  selling  bills  of  exchange.  It 
is  believed  it  can  be  made  to  apjiear  that  mem- 
bers can  obtain  bills  of  exchange  without,  citi- 
zens with  a  premium;  the  first  give  nominal 
endorsers,  the  other  must  give  two  sufficient  re- 
Bident  endorsers. 


"4.  The  undue  accumulation  of  proxies  in 
the  hands  of  a  few  to  control  the  election  for 
directora. 

'•  5.  A  strong  suspicion  of  secret  understand* 
ing  between  the  bank  and  brokers  to  job  in 
stocks,  contrary  to  the  charter.  For  example, 
to  buy  up  three  per  cent,  stfick  at  this  day ;  and 
force  the  government  to  pay  at  par  for  that 
stock;  and  whether  the  government  deposits 
may  not  )jc  used  to  enhance  its  own  debto. 

"C.  Subsidies  and  loans,  directly  or  indirectly, 
to  printers,  editors,  and  lawyers,  for  purposes 
other  than  the  regular  business  of  the  bank. 

"7.  Distinction  in  favor  of  merchants  in  sell- 
ing bills  of  exchange. 

"8.  Practices  upon  local  banks  and  debtors  to 
make  them  jietition  Congress  for  a  renewal  of  its 
charter,  and  thus  impose  upon  Congress  by  false 
clamor. 

"*.>.  The  actual  management  of  the  bank, 
whether  safely  anil  prutientl}'  conduct'."'.  Seo 
monthly  statements  to  the  contrai- 

"  10.  The  actual  condition  oi  the  liank,  her 
debts  and  credits ;  how  much  she  has  increased 
debts  and  diminished  her  means  to  pay  in  tho 
last  year;  how  much  she  has  increase<l  her 
credits  and  nuilti])lied  her  debtors,  since  tho 
President's  message  in  182'J.  without  ability  to 
take  up  tho  notes  she  has  issued,  and  pay  her 
deposits. 

"11.  Excessive  issues,  all  on  ])ublic  deposits. 

"12.  AVhetherthe  account  of  the  bank's  pros- 
perity bo  real  or  delusive. 

'•  13.  The  amount  of  gold  and  silver  coin  and 
bullion  sent  from  Western  and  Southern  branch- 
es of  the  parent  bank  since  its  establishment  in 
^817.  The  amount  is  supposed  to  be  fifteen  or 
twenty  millions,  an<l,  with  bank  interest  on 
bank  debts,  constitutes  a  system  of  the  most 
intolerable  oppression  of  the  South  and  West 
The  gold  and  silver  of  the  South  and  West  have 
been  drawn  to  the  mother  bank,  mostly  by  the 
agency  of  that  unlawful  currency  created  by 
branch  bank  orders,  as  will  be  made  fully  to  ap- 
pear. 

•'  14.  The  establishment  of  agencies  in  differ- 
ent States,  under  the  direction  and  management 
of  one  person  only,  to  deal  in  bills  of  exchange, 
and  to  transact  other  business  properly  belong- 
ing to  branch  banks,  contrary  to  the  charter. 

"  15.  Giving  authority  to  State  banks  to  dis- 
count their  bills  without  authority  from  the 
Secretary  of  the  Treasur}-." 

Upon  the  reading  of  these  charges  a  heated  and 
prolonged  discussion  took  place,  in  which  more 
than  thirty  members  engaged  (and  about  an 
equal  number  on  each  side)  ;  in  which  the 
friends  of  the  bank  lost  so  much  ground  in  the 
public  estimation,  in  making  direct  opposition  to 
investigation,  that  it  became  necessary  to  give 
up  that  species  of  opposition — declare  in  favor 
of  examination — but  so  conducted  as  to  be  nih 


I    ' 


-Ik 


ANXO  1883.    ANDREW  JACKSON,  PRESmENT. 


239 


ion  of 
)1 


i>roxip«  In 


i>r( 
tho  election  for 


Bccrt't  undcrstand- 
brolviTS  to  job  in 
ler.     For  exnniple, 
ck  nt  this  dny ;  nncl 
y  nt  par   for  that 
vemiiK'tit  deposits 
its  own  debta. 
lectly  or  indirectly, 
ryers.  for  ptirposes 
pss  of  tlie  bank. 
f  nierchantH  in  sell- 

nnkfi  and  <U'l)t<)rs  to 
s  for  n  renewal  of  its 
m  Conj^ress  by  false 

nent  of   tlic   bank, 

tly  conducto'V    See 

ontrnr- 

n  ot  the  bank,  her 

;h  hIic  has  increased 

neana  to  pay  in  tho 

has  increased  her 
•  debtors,  since  tho 
».  withont  ability  to 

issued,  and  pay  her 

on  public  deposits, 
it  of  the  btiuk's  pros- 

I  and  silver  coin  and 
,nd  Soutiiern  branch- 
its  cstiiblishnient  in 
losed  to  be  lifteen  or 

II  bank  interest  on 
.lystem  of  the  most 
lie  .South  and  West 
Fouth  and  West  have 

jank,  mostly  by  the 
■uvrency  created  by 
be  made  fully  to  ap- 

l)f  npencies  in  differ- 
lion  !ind  nianafiement 
in  bills  of  exchange, 
?S8  properly  belong- 
[ry  to  the  charter. 

State  banks  to  dis- 
lauthority  from  the 


I  charges  a  heated  and 
[tlace,  in  which  moro 
Iged  (and  about  an 
Ide)  ;  in  which  the 
|much  ground  in  the 

direct  opposition  to 
le  necessary  to  give 
Ion — declare  in  favor 

aductcd  as  to  be  nih 


i 


gatory,  and  worse  than  useless.    One  proposi- 
tion was  to  have  the  investigation  made  by  the 
Committee  of  Ways  and  Means — a  proposition 
which  involved  many  departtu-cs  from   parlia- 
mentary law — from  propriety— and   from   the 
respect  which  the  bank  owed  to  itself,  if  it  was 
innocent.     By  all  parliamentary  law  such  a  com- 
mittee must  be  composed  of  members  friendly 
to  the  Inquiry — hearty  in  tho  cause — and  the 
mover  always  to  be  its  cliairman :  here,  on  the 
contrary,  tlie  mover  was  to  be  excluded:  the 
very  champion  of  the  linnk  defence  wa.s  to  be 
the  investigating  chairman ;  and  the  committee 
to  whom  it  was  to  go,  was  the  same  that  had 
just   reported   so  warmly  for  the  Bank.     But 
this  proposition  had  so  bad  a  look  that  the 
chairman  of  tho  Commilec  of  Ways  and  Means 
(Mr.  McDuffie)  objected  to  it  himself,  utterly 
refusing  to  take  the  office  of  prosecutor  against 
an  institution  of  which  he  was  the  public  de- 
fender.    Propositions  were  then  made  to  have 
the  committee  appointed  by  ballot,  so  as  to  take 
tho  appointment  of  the  committee  out  of  the 
hands  of  the  Speaker  (who,  following  the  pnr- 
liiuiientury  rule,  would  select  a  majority  of  mem- 
bers favorable  to  inquiry)  ;  and  in  the  vote  by 
ballot,  the  bank  having  a  majority  in  the  House, 
could  reverse  the  parliamentary  rule,  and  give 
to  the  institution  a  committee  to  shield,  instead 
of  to  prf)be  it.     TInbecoming,  and  even  suspi- 
cious to  the  institution  itself  as  this  proposition 
was.  it  came  within  a  tie  vote  of  passing,  and 
was  onl}'  lost  by  the  casting  vote  of  the  Speaker. 
Investigation  of  some  kind,  and  by  a  select  com- 
mittee, becoming  then  inevitable,  the  only  thing 
that  could  be  done  in  favor  of  the  bank  was  to 
restrict  its  scope ;  and  this  was  done  both  as  to 
time  and  matter ;  and  also  as  to  the  part  of  the 
institution  to  be  examined.     Mr.  Adams  intro- 
duced a  resolution  to  limit  the  inquiry  to  the 
0{xrations  of  the  mother  bank,  thereby  skipping 
tiic  twinty-sevcn  branches,  though  some  of  them 
were  nearer  than  the  parent  bank ;  also  limiting 
the  points  of  inquiry  to  breaches  of  the  charier, 
so  as  to  cut  off  the  abuses  ;  also  limiting  the  time 
to  a  short  day  (the  21st  of  April) — March  then 
being  far  advanced ;  so  as  to  subject  full  inves- 
tigation to  be  baffled  for  the  want  of  time.     The 
reason  given  for  these  restrictions  was  to  bring 
the  investigation  within  the  compass  of  tho 
Bcssion — so  as  to  insure  action  on  the  application 
twfore  the  adjournment  of  Congress — thereby 


oj>enIy  admitting  its  connection  with  the  presi- 
dential election.  On  i>e(  ng  Ids  proposed  in(|uiry 
thus  restricted,  Mr.  Clayton  thus  gave  vent  to 
his  feelings : 

"  I  hope  I  may  Im  permitted  to  take  a  parting 
leave  of  my  resolution,  as  I  verv  plainly  perceive 
that  it  is  going  tho  way  of  all  ilesh.  I  discover 
the  bank  has  a  complying  majority  at  present  in 
this  House,  and  at  this  late  hour  of  the  night 
are  determined  to  carry  things  in  their  own 
way ;  but,  sir,  I  view  with  astonishment  the 
conduct  of  that  majority.  When  a  spi'nkcr  rises 
in  favor  of  the  bank,  he  is  listened  to  with  givat 
attention ;  but  w  hen  one  opposed  to  it  attempts 
to  address  the  House,  such  is  the  intentional 
noise  and  confusion,  he  cannot  Ik;  heard ;  and, 
sir,  the  gentleman  who  last  spoke  but  one  in 
favor  of  an  inquiry,  had  to  take  his  seat  in  a 
scene  little  short  of  a  riot.  I  do  not  understand 
such  conduct.  When  I  introduced  my  resolu- 
tion. I  predicated  it  upon  the  presumption  that 
every  thing  in  this  House  would,  when  respect- 
fully presented,  receive  a  res[H'ctfid  considera- 
tion, and  wouhl  be  treated  precisely  as  all  other 
questions  similarly  situated  are  treated.  I  e.x- 
jwcted  the  same  courtesy  that  other  gentlemen 
received  in  the  propositions  submitted  by  them, 
that  it  would  go  to  a  committee  nj)pointed  in 
the  usual  form,  and  that  they  would  have  tho 
usual  time  to  make  their  report.  1  believed,  for 
I  had  no  right  to  believe  otherwi.se,  that  all  com- 
mittees of  this  Hou.sc  were  honest,  and  that  they 
had  too  much  respect  for  themselves,  as  well  as 
for  the  House,  to  trifle  with  any  matter  confided 
to  their  investigation.  Believing  this,  1  did  ex- 
pect my  resolution  would  be  subniitted  in  the 
accustomed  way  ;  and  if  this  House  had  thought 
proper  to  trust  me,  in  part,  with  the  examina- 
tion of  tho  subject  to  which  it  refers.  I  would 
have  proceeded  to  the  business  in  good  faith, 
and  reported  as  early  as  was  practicable  with 
the  important  interests  at  stake.  It  has  been 
opposed  in  every  shape ;  vote  upon  vote  has 
been  taken  upon  it,  all  evidently  tending  to 
evade  inquiry ;  and  now  it  is  determined  to 
compel  the  committee  to  report  in  a  limited 
tin)c,  a  thing  vmheard  of  before  in  this  House, 
and  our  inquiries  are  to  be  confined  entir^'ly  to 
the  mother  bank ;  whereas  her  branches,  at 
which  more  than  half  the  fraiids  and  oi)pressions 
complained  of  have  been  committed,  are  to  go 
unexamined,  and  we  are  to  be  limited  to  breaches 
of  the  charter  when  the  abuses  charged  are  nu- 
merous and  flagrant,  and  eriually  injurious  to 
the  comnumity.  We  are  only  to  examine  the 
books  of  the  parent  bank,  the  greatest  part  of 
which  may  be  accidentally  from  home,  at  some 
of  the  branches.  If  the  bank  can  reconcile  it  to 
hci'self  to  meet  no  other  k  ind  of  investigation  but 
this,  she  is  welcome  to  all  the  advantages  which 
such  an  insincere  and  shuffling  cour.se  is  calculat- 
ed to  confer  ;  the  people  of  this  country  are  too 
intelligent  not  to  understand  exactly  her  object." 


240 


THIRTY  YEAIW  VIEW. 


AiiiDiiR  tlio  nhusi'ii  cut  f)(T  from  oxarninatioii.^ 
by  tlicKc  M'Htrictioiw,  wci^'  two  iikkK-s  of  i-x- 
turtinx  (loiiblo  niid  tn-ble  ciiiiipi>nHnt)oii  for  the 
u«o  of  nioiu-y,  one  by  tiirninp  ii  lonn  note  into 
a  bill  of  exclmn(;e,  and  the  othir  by  forcing;  the 
borrower  to  take  hia  money  upon  a  UomeMtic 
bill  instead  of  on  a  no'c — both  nystematicnlly 
practised  upon  in  the  West,  and  convcrtinp 
nearly  all  tlie  Western  loans  into  enorinoimly 
UHuriouH  transactions.  Mr.  Cliiyton  {^avu  the 
followinp:  description  of  the  first  of  these  modes 
6f  extorting  usury : 

"T  will  now  make  a  fuller  statement ;  and! 
tliink  I  am  authorized  to  say  that  there  are  gen- 
tlemen ill  tills  ll<mse  from  the  West,  and  under 
my  e)  (•  ill  pn'sent,  who  will  eonllrm  every  word 
1  say.  A  jiorson  has  a  note  in  one  of  the  West- 
ern liniiich  banks,  and  if  the  bank  determines 
to  extend  no  further  credit,  its  custom  i.s,  when 
it  ^ell(Is  out  the  usual  notice  »)f  tiie  time  the 
note  fails  due,  to  write  across  the  notice,  in 
red  ink,  these  three  fatal  words — well  under- 
stood in  that  country — '  I'ayment  is  exj)ect- 
eil.'  Tliis  notice,  thus  nil»ricated,  becomes  n 
•  leiith-wyrnuit  to  the  ciX'dit  of  that  ctistA.)nuT, 
unless  111'  can  raise  th^'  wind,  a>  it  is  calleil,  to 
pay  it  oil",  or  can  discount  a  domestic  bill  of  v\- 
chin^e,  'I'his  last  is  done  in  one  of  two  w.iys. 
If  he  has  a  factor  in  Is'ew  Orleans  who  is  in  the 
habit  <if  receiving  and  selHng  his  produce,  he 
draws  ujion  him  to  pay  it  oft" at  maturity.  The 
bank  charges  two  per  centum  for  two  months, 
tlir  factor  two  and  a  half,  and  thus,  if  the  draft 
is  at  sixty  days,  he  pays  at  the  rate  of  twenty- 
seven  per  centum.  If,  however,  he  has  no  fac- 
tor, he  is  obliged  to  get  some  friend  who  has 
one  to  make  tlie  arrangement  to  get  his  draft 
accepted.  For  this  accommudution  ho  pays  his 
friend  one  and  a  half  per  cent.,  besides  the  two 
)>er  cent,  to  the  bank,  and  the  two  and  a  half 
per  cent,  to  the  acceptor ;  making,  in  this  mode 
uf  arrangement,  thirty-six  per  cent,  which  he 
pays  before  he  can  get  out  of  the  clutches  of  the 
bank  for  that  time,  twelve  per  cent,  of  wliich, 
in  either  ca.se,  goes  to  the  bank  ;  and  so  little 
conscience  have  they,  in  order  to  make  this, 
they  will  subject  a  poor  and  unfortunate  debtor 
to  the  other  enormous  burdens,  and  consequent- 
ly to  absolute  beggary.  For  it  must  be  obvious 
to  every  one  that  such  a  per  cent,  for  money, 
ujuler  the  melancholy  depreciation  of  produce 
every  where  in  the  South  and  West,  will  soon 
wind  up  the  afl'airs  of  such  a  borrower.  No 
people  under  the  heavens  cj\n  bear  it ;  and  un- 
less a  stop  is  put  to  it,  in  some  way  or  other,  I 
predict  the  Western  people  will  be  in  the  most 
deplorable  situation  it  is  possible  to  conceive. 
There  is  another  great  hardship  to  which  this 
debt  or  is  liable,  if  he  should  not  be  able  to  fur- 
nish the  produce ;  or,  which  is  sometimes  the 
.'»£«  if  it  is  sacriilced  in  the  b&W  of  it  at  the 


time  the  draft  luromes  due,  whereby  it  is  pro- 
tested for  want  of  funds,  it  returns  upon  liiin 
with  the  additional  cost  of  ten  per  cent,  for 
non-paynu>nt.  Now,  sir,  that  is  wliat  is  meant 
by  domestic  bills  of  exchange,  disguised  as  loans, 
t<<  take  more  than  six  \)cr  cent.  {  for,  mark,  Mr. 
Speaker,  the  bank  does  not  purchase  a  bill  of 
exchange  by  paying  out  cash  for  it,  and  receiv- 
ing the  usual  rate  of  exchange,  which  varies 
from  one-(|Uurter  to  one  per  cent. ;  but  it  mere- 
ly delivers  up  the  hoor  debtor's  note  which  WB8 
previously  in  bank,  an<l,  what  is  worse,  just  lui 
wei!  secured  as  the  domestic  J)ill  of  exchange 
which  they  thus  extort  from  him  in  lieu  thereof 
And  while  they  arc  thus  exacting  this  per  cent, 
from  him,  they  are  discounting  bills  for  others 
not  in  debt  to  them  at  the  usual  premium  of 
one  per  cent.  The  whole  scene  seems  to  pre- 
sent the  picture  of  a  heljiless  siiU'erer  in  the 
hands  of  a  rutlian,  who  claims  the  merit  of 
charity  for  discharging  his  victim  alive,  aliir 
having  turn  away  half  his  limbs  from  his  boily." 

The  second  mode  was  to  make  the  loan  taku 
the  form  of  u  domestic  bill  from  the  beginning  ; 
and  this  soon  came  to  be  the  most  jjeneral  juiic- 
tice.  The  borrowers  lluding  thut  their  notes 
were  to  be  metaniorphosed  into  bills  payable  in 
a  distant  city,  readily  fell  into  the  more  con- 
venient mode  of  giving  a  bill  in  the  first  in- 
stance payable  in  some  village  hard  by,  where 
they  could  go  to  redeem  it  without  giving  com- 
missions to  intermediate  agents  in  the  shape  of 
endorsers  and  brokers.  The  profit  to  the  bank 
in  this  operation  was  to  get  six  per  centum  in- 
terest, and  two  per  cent.  exchuiit;e  ;  which,  ou 
u  sixty  days'  bill,  was  twelve  per  cent,  per  au- 
num ;  and,  added  to  the  interest,  eighteen  jier 
cent,  per  annum  ;  with  the  addition  of  ten  per 
centum  damiges  if  the  bill  was  protested  ;  and 
of  this  character  were  the  mass  of  the  loans  iu 
the  West — a  most  scandalous  abuse,  but  cut  off, 
with  a  multitude  of  others,  from  investigation 
from  the  restrictions  placed  upon  the  powers 
of  the  committea 

The  supporters  of  the  institution  cairied  tneir 
point  in  the  House,  and  had  the  investigation 
in  their  own  way  ;  but  with  the  country  it  was 
difl'erent.  The  bank  stood  condemned  upon  its 
own  conduct,  and  badly  crippled  by  the  attacks 
upon  her.  More  than  a  dozen  sjieakers  assailed 
her:  Clayton,  Wayne,  Foster  of  Georgia;  J.  M. 
Patton,  Archer,  and  Mark  Alexander  of  Vir- 
ginia ;  James  K.  Polk  of  Tennessee ;  Cambro- 
leng,  Beardsley,  Hoffman  and  Angel  of  New- 
York  ;  Mitchell  and  Blair  of  South  Carolina  j 
Carson  of  North  Carolina  ■    Leavitt  of  Ohio 


I 


ANNO  1832.    ANDRKW  JACKSON,  rRESIDENT. 


241 


hori'tiy  it  is  i>ro- 
lurnH  upon  iiim 
11  tH-r  ivnt.  Tor 
rt  what  irt  im-iuit 
ismiiHid  as*  lontis, 
5  l'(ir,  iimrk,  Mr. 
iirchiiHf  a  bill  of 
[(ir  it,  mill  leci'iv- 
j:e,  which  varici 
nt. ;  Imt  it  mcrc- 
H  note  which  was 
it*  wnrft'Jiist  tt« 
hill  of  fxihaiiuo 
ill)  ill  lii'"  thiiTof. 
iuK  thin  i»ur  wilt, 
p  billH  for  otliiT.^ 
iMiul  |)ieiiiiuiii  of 
nc  fwxM  to  IHL- 
m  KuH'irtT  ill  the 
iiH  the  imnt  of 
lictiin  alive,  urttr 
[)s  from  hishoil)." 

imke  the  loan  taUo 
Din  the  bo^iiiiiiiiK } 
nio.st  i^emTiil  juiic- 
r  thut  their  notes 
ilo  bills  iiayuble  in 
ito  the  uioie  con- 
ill  in  the  llrst  in- 
;c  hiird  I13 ,  where 
ithout  liiviiij;  com- 
iits  in  the  sluviie  t'f 
l)rolit  to  the  bank 
\Ax  lai"  centum  in- 
hiUijj,e  ;  which,  ou 
|e  lit  T  cent,  per  au- 
rest,  eighteen  iier 
Ivddilion  of  ten  per 
|aa  protested  j  and 
ss  of  the  loans  in 
abnse,  but  cut  otl', 
|from  investigation 
upon  the  powers 

lution  earned  tneir 
the  investigation 
|the  country  it  was 
pndemned  upon  its 
jiled  by  the  attacks 
,  speakers  as-sailed 
J  of  Georgia;  J.  M. 
l\le.\ander  of  Vir- 
Innessee;  Cambrc- 
\il  Angel  of  New- 
South  Carolina; 
Leavitt  of  Ohio 


^ 


The  Hpcakcrs  on  the  other  iiido  were  :  McDullle 
and  Drayton  of  .South  Caroliiia;  Denny,  Craw- 
ford, C(»ultor,  Watmough,  of  IViinHylvania  ; 
Daniel  of  Kentucky ;  Jenifer  of  Maryland  ; 
Huntington  of  Connecticut;  Hoot  and  Collins 
of  New- York  ;  KvanH  of  Maine  ;  Mercer  of 
Virginia;  Wilile  of  (Jeorgia.  Pretty  ocpmlly 
matched  both  in  numbers  and  ability ;  but  tlie 
difference  Ijetween  attack  and  dtfeiice— between 
bold  accusation  and  shrinking  palliation — the 
conduct  of  the  bank  friends,  first  in  resisting  all 
investigation,  then  in  trying  to  put  it  into  the 
hands  of  friends,  then  restricting  the  exuniiim- 
tion,  and  the  noise  and  confusion  with  which 
many  of  the  anti-bank  spei'ches  were  saluted — 
gnve  to  the  assailants  the  apiwaranre  of  right, 
and  the  tone  of  victory  throughout  the  contest ; 
and  created  a  strong  suspicion  against  the  bunk. 
Certainly  its  conduct  was  injudicious,  except 
upon  the  hypothesis  of  a  guilt,  the  worst  sus- 
picion of  which  would  be  preferable  to  open  de- 
tection ;  and  such,  eventually,  was  found  to  be 
the  fact.  In  justice  to  Mr.  McDullle,  the  lead- 
ing advocate  of  the  bank,  it  must  be  rcmcml)cr- 
cd  that  the  attempts  to  stifle,  or  evade  inquiry, 
did  not  come  from  him  but  from  the  immediate 
npreseiitative  of  the  bank  neighborhood — that 
he  twice  discountenanced  and  stopped  such  at- 
tempts, requesting  them  to  be  withdrawn  ;  and 
no  doubt  all  the  defenders  of  the  bank  at  the 
time  believed  in  its  integrity  and  utility,  and 
only  followed  the  lead  of  its  immediate  friends 
ill  the  course  which  they  pursued.  For  myself 
I  became  convinced  that  the  bank  was  insol- 
vent, as  well  as  criminal ;  and  that,  to  her,  ex- 
amination was  death ;  and  therefore  she  could 
not  face  it. 

The  committee  appointed  were :  Messrs. 
Clayton,  Richard  M.  Johnson  of  Kentucky, 
Francis  Thomas  of  Maryland,  and  Mr.  Cambre- 
leng  of  New-York,  opposed  to  the  rccharter  of 
tlio  Bank  ;  ^lessrs.  McDuflie,  John  Quincy 
Adams,  and  Watmough,  in  favor  of  it.  The 
committee  was  composed  according  to  the  par- 
liamentary rule — the  majority  in  favor  of  the 
olijcct — but  one  of  them  (Colonel  Johnson  of 
Kentucky)  was  disqualified  by  his  charitable 
and  indulgent  disposition  for  the  invidious  task 
iif  criminal  inquisition ;  and  who  fnuikly  told 
the  House,  after  he  returned,  that  he  had  never 
looked  at  a  bank-book,  or  asked  a  question 
while  he  was  at  Philadelphia ;  and,  Mr.  Adams, 

Vol.  I.— 16 


in  invalidating  the  report  of  the  mi^oritjr 
against  the  bank,  dinputed  the  reality  of  tho 
majority,  saying  that  the  good  nature  of  Colo- 
nel Johnson  had  merely  licensed  it.  On  tlw 
other  hand,  the  committee  was  as  favorably 
compoNi'd  for  the  bank — Mr.  Adams  and  Mr. 
McDullle  both  able  writers  and  speakers,  of  na- 
tional reputation,  investigating  minds,  ardent 
tempirainents,  firm  believers  in  the  integrity 
and  usefulness  of  the  corporation  ;  and  of  char 
acter  and  position  to  bo  friendly  to  the  institu 
tion  without  tho  imputation  of  an  unduo  mo 
tivc.  Mr.  Watmough  was  a  new  member,  but 
acceptable  to  tho  bank  as  its  immediate  repre- 
sentative, as  the  member  that  had  made  tho 
motions  to  bafllo  investigation  ;  and  as  being 
from  his  personal  as  well  as  political  and  social 
relations,  iu  tho  category  to  form,  if  necessary, 
its  channel  of  confidential  communication  with, 
tho  committee. 

The  committco  made  three  reports — ono  by 
the  majority,  ono  by  the  minority,  and  ono  by 
Mr.  Adams  alone.  Tho  first  was  a  severe  re- 
crimination of  tho  bank  on  many  points — usury, 
issuing  branch  bank  orders  as  a  currency,  selling 
coin,  selling  stock  obtained  from  government  un- 
der special  acts  of  Congress,  donations  for  roads 
and  canals,  building  houses  to  rent  or  sell,  loans 
unduly  made  to  editors,  brokers,  and  members 
of  Congress.  The  adversary  reports  were  a  de- 
fence of  the  bank  on  all  these  points,  and  the 
highest  encomiums  upon  tho  excellence  of  its 
management,  and  the  universality  of  its  utility ; 
but  too  much  in  the  spirit  of  the  advocate  to 
retain  tlie  character  of  legislative  reports — which 
admit  of  nothing  but  facts  stated,  inductions 
drawn,  and  opinions  expressed.  Both,  or  ra- 
ther all  three  sets  of  reports,  were  received  as 
veracious,  and  lauded  as  victorious,  by  the 
respective  parties  which  they  favored;  and 
quoted,  as  settling  for  ever  the  bank  question, 
each  way.  But,  alas,  for  the  cflect  of  tho  pro- 
gress of  events !  In  a  few  brief  years  all  this, 
attack  and  defence — all  this  elaboration  of  accu- 
sation, and  refinement  of  vindication — all  this 
zeal  and  animosity,  for  and  against  tho  bank — 
the  whole  contest — was  eclipsed  and  superse- 
ded by  the  actualities  of  the  times — the  majority 
report,  as  being  behind  the  facts ;  the  minority, 
as  resting  upon  vanished  illusions.  And  the 
great  bank  itself,  antagonist  of  Jackson,  called 
imperial  by  its  friends,  and  actually  constituting, 


^■^i 


242 


THIRTY  YEARS'  VIEW. 


!■ 


a  power  in  the  State — prostrate  in  dust  and 
ashes  —  ai'it  invoking  from  the  community, 
througli  tlio  mouth  of  the  prcatest  of  its  advo- 
cates (Mr.  Webster),  the  ohlivion  and  amnesty 
of  an  "  o!»HoIete  idea." 

It  is  not  the  design  of  this  View  to  explore 
theso  rcr  )rt>  for  the  names  of  jnTsons  iniplicated 
(some  p.  .haps  unjustly),  in  the  crinnnatin"; 
statements  of  the  majority.  The  object  i)r()- 
poscd  in  this  work  does  not  require  that  Jnter- 
feri'nce  with  individuals.  The  ccmduct  of  the 
institution  is  the  point  of  iiupiiry ;  and  in  that 
conduct  will  Ik?  found  the  warning  voice  against 
the  dangeis  and  abuses  of  such  an  cstabliehment 
in  all  time  to  com". 


CHAPTER    LXV. 

THK  TIIKKK  VVM  CKNT.  DtllT,  AND  LOSS  IN  NOT 
I'AVINO  IT  WIIKX  TIIK  KATK  WAS  LOW,  AND 
THE  MONKV  IN  TIIK  BANK  OF  TJ.E  UNITED 
STATES  WITHOUT  INTEUEST. 

Thkke  was  a  part  of  tl'"  '•evolutionary  debt, 
hicurred  by  the  States  a'i<l  assumed  by  Con- 
gress, amounting  to  thirteen  and  a  quarter  mil- 
lions of  dollars,  on  which  an  interest  of  only 
three  per  centum  was  allowed.  Of  course,  the 
stock  of  this  debt  could  bo  but  little  over  fifty 
tvnts  in  the  dollar  in  a  country  where  legal  in- 
♦"•vst  was  six  per  centum,  and  actual  interest 
often  more.  In  1817,  when  the  Bank  of  the 
United  States  went  hito  oiwration,  the  price  of 
that  stock  WHS  bixty-four  per  centum — the 
money  was  in  bank,  more  than  enough  to  pay 
it — a  iiratuitous  deposit,  briii-^^ng  no  interest — 
and  which  was  contained  in  her  vaults — her  sit- 
uation soon  requii  .ig  the  aid  of  the  federal  gov- 
ernment to  enable  her  to  keep  her  doors  oj)cn. 
I  had  submitted  a  resolve  early  in  my  ti'rm  of 
service  to  have  this  stock  purchased  at  its  mar- 
ket value ;  auC.  for  that  purpose  to  enlai-ge  the 
power  of  the  conunissioners  of  the  sinking  fuml,  i 
then  limited  to  a  price  a  little  Iwlow  the  current ! 
rate:  a  motiim  which  was  resisted  and  defeated 
by  th.e  friends  of  the  bank.  I  then  moved  n  re- 
solve that  the  bar.k  pay  interest  on  the  deposits:  j 
which  was  o|)posed  and  defeated  in  like  mnmier. 
Eventiiallv,  and  when  the  rest  of  the  public 
debt  should  bo  paid  off,  and  the  payment  of  these  I 


thirtien  and  a  quarter  milliims  would  become 
obligatory  under  a  policy  which  eschewed  all 
debt — a  consummation  then  rapidly  upproach- 
ing,  under  (ienentl  Jackson's  adinini.^tratiou — it 
was  clear  that  the  treasury  would  pay  one  hun- 
dred cents  on  the  dollar  on  what  could  be  thcu 
purchased  for  sixty-odd,  losing  in  the  mean  time 
the  interest  on  the  money  with  which  it  could  b« 
paid.  It  made  a  case  against  the  bank,  which 
it  felt  itself  boimd  to  answer,  and  did  so  through 
senator  Johnson,  of  Louisiana:  who  showed 
that  the  bank  paid  the  debt  which  the  comniis- 
rioners  of  the  sinking  fund  required.  This  was 
true ;  but  it  was  not  the  point  in  the  case.  The 
point  was  that  the  money  was  kept  in  deposit 
to  sustain  the  bank,  and  the  enlargement  of  the 
powers  of  the  comi.assioners  resisted  to  prevent 
them  from  ptirchasing  this  stock  at  a  low  rate, 
in  view  of  its  rise  to  par:  which  soon  took 
place ;  and  made  palpable  the  loss  to  the  United 
States.  At  the  time  of  the  solicited  renewal  of 
the  charter,  this  non-payment  of  the  three  per 
cents  was  brought  up  as  an  instance  of  1()«8  in- 
curred on  recount  of  the  bank  ;  and  gave  rise  to 
the  dt fence  from  Mr.  Johnson;  to  which  I 
rcplie  1 : 

"  Mr.  Benton  had  not  intended,  he  said,  to  s.iy 
u  word  ill  relation  to  this  question,  nor  should 
he  now  rise  to  siieak  njwn  it.  but  from  what 
had  fallen  from  the  senator  from  New  Jersey. 
That  gentleman  had  gone  from  the  resolution 
to  the  bank,  and  from  the  bank  he  had  gone  to 
statements  respecting  his  resolutions  on  alum 
salt,  whicli  were  erroneous.  Pay  by  day,  me- 
morials were  poured  in  upon  us  by  command  of 
the  bank,  all  ivj)resenting,  in  the  sauio  terms, 
the  necessity  of  renewing  its  charter.  These 
memorials,  the  tone  of  which,  and  the  time  of 
their  prescntjition,  show<"'  their  common  origin, 
were  daily  ordered  to  Ik'  pn.ited.  These  papers, 
fonning  a  largiT  mass  than  we  ever  had  on  our 
tables  before,  atid  all  singing,  to  the  same  tune, 
the  praises  of  the  bank,  were  ordered  to  be 
printed  without  hesitation.  The  reiKirt  which 
he  had  moved  to  have  printed  for  the  benefit  of 
the  farmers,  was  struck  at  by  the  .senator  of 
New  Jersey.  In  the  lirst  place,  the  senator  was 
in  error  as  to  the  cost  of  |)rinting  the  n-port. 
He  ha<l  stated  it  to  be  one  thousand  nine  hun- 
dred dollars,  wheivas  it  was  only  one  thousand 
one  hundred  dollars.  A  few  days  ago,  two 
thousand  copies  of  a  report  of  the  Hriti.sh  House 
of  t'omnioiik!  :'.  the  subject  of  railroads  was 
>..  .^'Tod  to  l>e  printed.  Following  the  langniiL'e 
of  that  resolution,  he  had  moved  the  printing  of 
another  report  of  that  body,  which  would  interest 
a  thousand  of  our  citizeius,  where  that  report 
would  interest  one.    There  wan  not  a  farmer  in 


i 

I 


ANNO  1832.     ANIREW  JACKSON,  PRESmENT. 


243 


1,8  would  become 
lich  eschewed  all 
rapidly  .ipproach- 
ndministration— it 
o\ild  pay  one  luin- 
■hat  could  be  thcu 
p  in  the  mean  time 
h  which  it  coidd  In 
t  the  bank,  which 
,  and  did  80  through 
ana:  who  showed 
which  the  comniis- 
equircd.  This  was 
int  in  the  case.  The 
ras  kept  in  deposit 
!  enlargement  of  the 
8  resisted  to  prevent        , 

stock  at  a  low  rate, 
r:  which  soon  took 
he  loss  to  the  United 

solicited  renewal  of 
pnt  of  the  thn-c  per 
II  instance  of  lo«8  in- 
ank ;  and  gave  rise  to 
jhr.son;   to  which  I 

tended,  he  said,  to  say 
ii  qnestion.  nor  should 
on  it.  but  from  what 
or  from  New  Jersey, 
from  the  resolution 
bank  he  had  gone  to 
resolutions  on  alum 
.    Pay  by  day,  mc- 
on  lis  by  command  of 
•  in  the  sauw  terms, 
r  its  charter.    These 
lich.  and  the  time  of 
their  conunon  oripm, 
.•i;ited.    These  papers, 
fn  we  ever  had  on  our 
iup,  to  the  same  tune, 
were  ordered   to  be 
The  reiKirt  whicli 
„ted  for  the  benefit  of 
lat  by  the  senator  ot 
placi',  the  senator  was 

-  printing  the  n-port. 

thousand  nine  bun- 
as only  one  thousand 

few  ilavs  ago,  two 

lofthel?ritishlIouse 

ycct  of  railroads  was 

Mowin-::  the  langun!:.; 

moved  the  printing  oi 

which  would  interest 

L  where  that  report 

was  not  a  farmer  m 


America  who  would  not  deem  it  a  treasure.    It 
covered  the  whole  saline  kingdom ;  and  those 
unacquainted  with  its  nattire  had  no  more  idea 
of  it  than  a  blind  man  had  of  the  solar  rays     It 
was  of  the  highest  value  to  the  farmer  and  tlie 
grazier.     It  showed  the  efl'ect  of  the  mineral  king- 
dom upon  tho  aninuil  kingdom ;  and  its  views 
were  tlie  results  of  tiic  wisdom,  experience,  and 
lirst  talents  of  Great  Britain.     The  assertion  of 
the  senator,  that  the  bank  aided  in  producing  a 
sound  currency,  he  would  disprove  by  facts  and 
dates.     In  1817  the  bank  went  into  operation. 
In  three  or  f>ur  years  after,  forty-four  banks 
M'civ  chartered  in  Kentucky,  and  forty  in  Ohio  ; 
an<l  the  United  States  Bank,  so  fiir  from  being 
able  lo  put  them  down,  wius  on  the  verge  of 
liankniptey.     With  the  u.sc  of  eight  millions  of 
public  money,  it  was  hardly  able,  from  <lay  to 
day  to  sustain  itself.    Eleven  millions  of  dollars, 
as  he  could  demonstrate,  the  people  had  lost  by 
maintaining  the  bank  during  this  crisi.s.     But 
for  a  waggon  load  of  siwcie  from  the  mint,  as 
Mr.  Cheves  informs  us.  it  would  have  become 
t)ankrupt.    In  addition  to  this,  the  use  of  pov- 
crnment  deposit.s,  to  the  extent  of  eight  millions, 
was  necessary  to  sustain  it ;  and  the  country  lost 
eleven  millions  by  the  diversion  of  those  deposits 
to  this  purpose.     Congress  authorized  the  pur- 
clia.se  of  the  thirteen  millions  of  three  per  cents. 
— at  that  time,  they  could  ha\e  lH?en  purchased 
at  si.\ty-five  cents,  now  they  were  at  ninety-si.\ 
jHT  cent.     This  was  one  item  of  the  amonnt 
lost,  and  the  other  was  the  interest  on  tho 
stock  from  that  time  to  the  present,  amounting 
to  si.\  millions  more.    It  was  shown  by   Mr. 
Cheves  that  the  United  States  Bank  owed  its 
existence  to  the  hx-al  banks — to  the  indulgence 
and  forbearance  of  the  banks  of  Philadelphia  and 
Boston,  notwithstandirg  its  receipt  of  the  silver 
from  Ohio  and  Kentucky,  which  drained  that 
coinitry.  destroyed  its  local  bank;i,  ahd  tliivw 
down  the  value  of  every  description  of  its  pro- 
|KTty.    The  United  States  Bank  currency  was 
called  by  the  senator  the  poor  man's  friend. 
The  orders  on  the  branches — these  ilrafts  issued 
in  Dan  and  made  paj'able  in  Beerslieba — had 
tlu'ir  origin  with  a  Scotchman  ;  and,  when  their 
character  was  discovered,  they  were  stopped  as 
oppressive  to  the  poor ;  and  this  bank,  which 
was  cried  up  as  the  po'>r  man's  friend,  issued 
tluise  same  orders,  in  paj^-r  sosiuiilur  jo  that  of 
the  bank  notes,  that  the  jieopUs  could  not  readily 
discern  the  diU'erenee  between   them.     It  was 
thought  that  the  |)eop!e  might  mistake  the  sig- 
uatiue  of  the  little  «ishier  and  the  lUtle  pr'sideiit 
fir  the  great  cashier  and  the  great  president. 
The  stockholders  were    foreigners,  to  a  great 
extent — they  were  lords  and  ladies — reverend 
clergymen  and  military  otlicer.s.    The  widows, 
in  wlio.se  behalf  our  sympathy  was  required, 
wore  countess  dowagers,  ami  the  Barings,  some 
of  whom  owned  more  of  the  stock  than  was  |)os- 
Bcs8ed  in  sixtcea  iStalcsof  this  Union." 


C  II  A  P  T  K  11     L  X  V  I . 

HANK  OF  TTIE  t'NITKO  STATES— niLL  FOK  TUB 
KKrilAUTKK  ItKl'OIITEl)  IN  THE  SENATE— A.ND 
1*A»I^E1>  THAT  1U)I)Y. 

The  first  bank  of  the  United  States,  chartered 
in  1701,  was  a  federal  measure,  conducted  under 
the  lead  of  General  Hamilton — opposed  by  Mr. 
Jefi*erson,  Mr.  Madistm  and  the  republican  party; 
and  became  a  great  landmark  of  party,  not 
merely  for  the  bank  itself,  but  for  the  latitudi- 
nariau  construction  of  the  constitution  in  which 
it  W.1S  founded,  and  the  great  door  which  it 
opened  to  the  fliscretion  of  Congress  to  do  what 
it  pleased,  under  the  j)lea  of  Ix-ing  "  iiecessar]/  " 
to  carry  into  effect  some  granted  power.  Tho 
non-renewal  of  the  charter  in  1811,  was  the  act 
of  the  republiean  party,  then  in  possession  of 
the  government,  and  taking  tho  opportunity  to 
terminate,  upon  its  own  limitation,  the  existence 
of  an  institution,  who.se  creation  they  had  not 
Iwen  able  to  prevent.  The  charter  of  the  second 
bank,  in  ISlft,  was  the  act  of  the  repuliliean 
party,  and  to  aid  them  in  the  administration  of 
the  government,  and.  as  such,  was  opposed  by 
the  fe<leral  party — not  seeming  then  to  under- 
stand that,  by  its  instincts,  a  great  moneyed 
corporation  was  in  sympathy  with  their  own 
party,  an<l  would  soon  lie  with  it  in  action 
— which  this  bank  soon  was — and  now  struggled 
for  a  continuation  of  its  existence  under  tho 
lead  of  those  who  had  opposed  its  bii  th.  and 
against  the  party  which  created  it.  Mr.  Web- 
ster was  a  federal  leader  on  lioth  occasions — 
against  the  charter,  in  ISICi;  for  the  recharter, 
in  ls;i2 — anil  in  his  opening  speech  in  favor  of 
the  renewal,  according  to  the  bill  reported  by 
the  Senate's  select  committee,  and  in  allusion 
to  these  reversals  of  positions,  and  in  justifica- 
tion of  his  own,  he  spoke  thus,  addressing  him 
self  to  the  Vice- President,  Mr.  Calhoun  : 

"  A  consi<lerable  jHtrtion  of  the  active  part  of 
life  has  elai)sed,  said  Mr.  W.,  since  you  and  I, 
Mr.  President,  and  three  or  four  other  giMitlemen, 
now  in  the  Senate,  acted  our  resjiective  parts  in 
the  iNLssage  of  the  bill  creating  the  present  Bank 
of  the  I'liited  Stales.  We  have  lived  to  little 
pur|Kise.  as  public  men.  if  the  ex|HTieuce  of  this 
])eriod  has  not  enlightened  our  judgments,  and 
enabled  us  to  revise  our  opinions  ;  and  tocorivet 
u'ly  errors  into  which  wo  may  have  fallen,  if 
6uch  errors  thvru  weiv,  either  m  regard  to  thd 


244 


THIRTY  YEARS'  VIEW. 


■i'A 


general  utility  of  a  national  bank,  or  tlio  details 
of  its  constitution.    I  trust  it  will  not  be  unbe- 
coming the  occasion,  if  I   allude  to  your  own 
important  agency  in  that  transaction.     The  bill 
incorporating  the  bank,  and  giving  it  a  constitu- 
tion, prwccdcd  from  a  committee  of  the  House 
of  Representatives,  of  which  you  were  chairman, 
and  was  conducteil  through  that  House  under 
your  disti.iguished  lead.   Having  recently  looked 
back  to  the  proceedings  of  that  day,  I  must  be 
jiermitted  to  say  that  I  have  perused  the  speech 
by  which  the  subject  was  introduced  to  the  con- 
sideration of  the  House,  with  a  revival  of  the 
feeling  of  approbation  and  pleasure  with  which 
I  heanl  it ;  and  I  will  add,  that  it  would  not, 
perhaps,  now,  be  ea^y  to  find  a  better  lirief 
synojisis  of  those  principles  of  c»;rrency  and  of 
banking,  which,  since  they  spring  from  the  na- 
ture of  money  and  of  commerce,  must  bo  essen- 
tially the  same,  at  all  times,  in  all  commercial 
comnumities,  than  that  sjK'ech  contains.    The 
other  gentlemen  now  with  us  in  the  Senate,  all 
of  thum,  I  believe,  concurred  with  the  chairman 
of  the  committee,  and  voted  for  the  bill.    My 
own  vote  was  against  it.    This  is  a  matter  of 
little  iinp()rt^nce ;  but  it  is  connected  with  other 
ciirumstances,  to  which  I  will,  for  a  moment, 
adveit.     The  gentlemen  with  whom  I  acted  on 
that  occasion,  had  no  doubts  of  the  constitutional 
power  of  Congress  to  establish  a  national  bank ; 
nor  had  we  any  doubts  of  the  general  titilsty  of 
an  institution  of  that  kind.     We  had,  indeed, 
most  of  us,  voted  for  a  bank,  at  a  preceding 
session.     But  the  object  of  our  regard  was  not 
whatever  might  be  called  a  bank.     We  required 
that  it  should  be  established  on  certain  princi- 
ples, which  alone  we  deemed  safe  and  useful, 
made  subject  to  certain  fixed  liabilities,  and  so 
guarded  that  it  could  neither  move  voluntarily, 
nor  be  moved  by  others  out  of  its  proper  sphere 
of  action.     The  bill,  when  first  introduce<l,  con- 
tained features,  to  which  we  should  never  have 
assented,  and  we  set  ourselves  accordinglj'^  to 
work  with  a  good  deal  of  zeal,  in  order  to  eifect 
sundry  amendments.    In  some  of  those  proposed 
amendments,  the  chairman,  and  those  who  acted 
with    him,    finally   concuri-ed.      Others    they 
oi)p')si'd.     The  result  was.  that  several  most 
im|)ortant  amendments,  as  I  thought,  prevailed. 
IJut  there  still  remained,  in  my  opinion,  objec- 
tions to  the  bill,  which  justified  a  persevering 
opposition  till  they  should  be  removed." 

He  spoke  forcibly  and  justly  against  the  evils 
of  paper  money,  and  a  depreciated  currency,  ] 
meaning  the  debased  issues  of  the  local  banks,  | 
for  the  cure  of  which  the  national  bank  was  to  ; 
be  the  instrument — not  foreseeing  that  this , 
great  bank  was  itself  to  be  the  most  striking ' 
exemplification  of  all  the  evils  which  he  de- 1 
pictcd.    He  said :  I 

"  A  disonlercd  currency  is  one  of  the  greatest 
of  political  evils.    It  uudermiues  the  virtues  [ 


necessary  for  the  support  of  the  social  system, 
and  encourages  propensities  destructive  of  its 
happiness.  It  wars  against  industry,  fru- 
gal it  v,  and  economy;  and  it  fosters  the  evil 
spir  .8  of  extravaganco  and  speculation.  Of  all 
tiv  contrivances  for  cheating  the  laboring  classes 
oi  mankind,  none  has  been  more  effe  *ual  than 
that  which  deludes  them  with  papn'  money. 
This  is  the  most  efl'ectual  of  inventions  to  fer- 
tilize the  rich  man's  field,  by  the  sweat  of  the 
poor  man's  brow.  Ordinary  tyranny,  oppres- 
sion, excessive  taxation,  these  bear  lightly  on 
the  happiness  of  the  mass  of  the  community, 
compared  with  fraudulent  currencies,  and  tho 
robberies  committed  by  depreciated  paper.  Our 
own  history  has  recorded  for  our  instruction 
enough,  and  more  than  enough,  of  the  demor- 
alizing tendency,  the  injustice,  and  the  intolera- 
ble oppression  on  the  virtuous  and  well  disposed, 
of  a  degraded  paper  currency,  authorized  by  law, 
or  any  way  countenanced  by  govc  .nment. " 

He  also  spoke  truly  on  the  subject  of  the 
small  quantity  of  silver  currency  in  the  United 
States — only  some  twenty-two  millions — and 
not  a  particle  of  gold ;  and  deprecated  the  smal,' 
bank  note  currency  as  tho  cause  of  that  evil 
He  said : 

"  The  paper  circulation  of  the  country  is,  a^ 
this  time,  probably  seventy-five  or  eighty  nul- 
lions  of  dollars.  Of  specie  we  may  have  twenty 
or  twenty-two  millions :  and  this,  principally,  in 
masses  in  the  vaults  of  the  banks.  Now,  sir, 
this  is  a  state  of  things  which,  in  mj' judgment, 
leads  constantly  to  overtrading,  and  to  the 
consequent  excesses  and  revulsions  which  so 
often  disturb  the  regular  course  of  commercial 
aflairs. 

''  Why  have  we  so  small  an  amount  of  specie  in 
circulation  ?  Certainly  the  only  reason  is,  be- 
cause we  do  not  require  more.  We  have  but  to 
ask  its  presence,  and  it  would  return.  But  we 
voluntarily  banish  it  by  the  great  amount  of 
small  bank  notes.  In  most  of  the  States  the 
banks  issue  notes  of  all  low  denominations, 
down  even  to  a  single  dollar.  How  is  it  possi- 
ble, under  such  circumstances,  to  retain  specie 
in  circulation  ?  All  experience  shows  it  to  be 
impossible.  The  paper  will  tak'  'he  place  of 
the  gold  and  silver.  When  Mr.  Pitt,  in  the 
year  1797,  proposed  in  Parliament  to  authorize 
the  Bank  of  England  to  issue  one  ponnd  notes, 
Mr.  Burke  lay  sick  at  Bath  of  an  illness  fron\ 
which  he  never  recovered  ;  an<l  he  Is  said  to 
have  written  to  the  late  Mr.  Canning,  'Tell  Mr. 
Pitt  that  if  he  consents  to  the  isfiiing  of  one 
pound  notes,  he  must  never  expect  to  sec  a 
guinea  again. 


>» 


The  bill  provided  that  a  bonus  of  $50C,()00 
in  three  equal  annual  instalments  shouM  lie 
paid  by  the  bank  to  tbo  United  States  fur  \U 


ANNO  1832.     ANDREW  JACKSON,  PRESIDENT. 


245 


he  Rocial  system, 
destructive  of  its 
it    industry,    fru- 
t  fosters  the  evil 
wculation.     Of  all 
Uc  laboring  elapses 
loreeflt  Mial  than 
ith  papti'  money. 
;  inventions  to  fer- 
^  the  sweat  of  the 
r  tyranny,  opprcs- 
se  bear  lightly  on 
of  the  community, 
iurrencies,  and  tho 
;ciat<.'d  paper.    Our 
lor  our  instruction 
ugh,  of  the  demor- 
c,  and  the  intolera- 
3  and  well  disposed, 
,  authorized  by  law, 
gove  v'nmcnt. " 

the  subject  of  the 
rency  in  the  United 
-two  millions— and 
leprccated  the  smal! 
)  cause  of  that  evil 


)f  the  country  is,  a^ 
L--five  or  eighty  niil- 
we  may  have  twenty 
d  this,  principally,  in 
e  banks.  Now,  sir, 
ch,  in  my  judgment, 
rading,  and  to  tlio 
revulsions  which  po 
jurse  of  commercial 

n  amount  of  specie  in 
I  only  rea-^on  is,  bc- 
»re.    We  have  but  to 
dd  return.     But  we 
ic  great  amount  of 
i  of  the  Stat»!S  the 
low  denominations, 
Ir.     How  is  it  possi- 
|ices,  to  retain  specie 
•ience  shows  it  to  bo 
ill  tivk<   'he  place  of 
jn  Mr.   Pitt,  in  the 
•liament  to  authorize 
i\ie  one  poxmd  notes, 
Ih  of  an  illness  from 
,  and  he  is  t-aid  to 
•.  Canning, '  Tell  Mr. 
the  issuing  of  one 
ivcr  expect  to  see  a 


.  bonus  of  $501 ,000 
Ltalments  should  be 
(united  States  for  \U 


exclusive  privJleges  :  Mr.  Webster  movec  to 
modify  the  section,  so  as  to  spread  the  payment 
over  the  entire  term  of  the  bank's  proposed  ex- 
istence— $150,000  a  year  for  fifteen  years.  I 
wiis  opposed  both  to  the  bonuj,  and  the  exclu- 
(jive  privilege,  and  said : 

"The  proixT  compensation  for  the  bank  to 
inakf,  provided  this  exclusive  privilege  was  sold 
to  it,  would  be  to  reduce  the  rate  of  interest  on 
(oiiiw  iind  discounts.  A  reduction  of  interest 
would  be  felt  by  the  peonle  ;  the  payment  of  a 
bonus  would  iiot  be  felt  by  them.  It  would  j 
tome  into  the  treasiiry,  and  probably  be  lav- 
\<hc(l  immediately  on  some  sciieme,  possibly  j 
unconstitutional  in  its  nature,  and  sectional  in 
its  application.  He  was  not  in  favor  of  any 
scheme  for  getting  money  into  the  treasury  at 
present.  The  diflSculty  lay  the  other  way. 
The  struggle  now  was  to  keep  money  out  of  the 
treasury, — to  prevent  the  accumulation  of  a  sur- 
jilus ;  and  the  reception  of  this  bonus  would  go 
to  apgiavate  that  difficidty,  by  increasing  thut  i 
suri)lus.  Kings  might  receive  bonuses  for  selling 
exclusive  privileges  to  monopolizing  companies.  \ 
Til  tliat  ca.se  his  subjects  would  bear  the  loss,  i 
!iii(l  he  would  receive  the  profit ;  but,  in  a  re-  , 
public,  it  was  inconip-ohensible  that  the  people 
sliould  sell  to  a  company  the  privilege  of  making 
.iidiicy  out  of  themselves.  He  was  opposed  to 
tiie  f;rant  of  an  exclusive  privilege  ;  he  was  op- 
posed to  the  sale  of  privileges ;  but  if  granted, 
or  sold,  he  was  in  favor  of  rec<;iving  the  price  in  . 
the  wa}'  that  would  be  most  beneficial  to  the 
wiiole  body  of  the  people;  and,  in  this  case,  a 
reduction  of  interest  would  best  accomplish  that 
object.  A  bank,  which  had  the  benefit  of  the 
credit  and  revenue  of  the  United  States  to  bank 
upon,  could  well  afford  to  make  loans  and  dis- 
counts for  less  than  six  per  centum.  Five  per 
centum  would  be  high  interest  for  such  a  bank  ; 
and  he  had  no  doubt,  if  time  was  allowed  for 
tlie  application,  that  applications  enough  would 
be  made  to  take  the  charter  upon  these  terms. " 

I  opposed  action  on  the  subject  at  this  session. 
The  bank  charter  had  yet  four  jears  to  run, 
and  two  j-ears  after  that  to  remain  in  force  for 
winding  up  its  affairs ;  in  all,  six  years  before 
the  dissolutiim  of  tlie  corporation:  and  this 
would  remit  the  final  decision  to  the  Congiv.ss 
which  would  sit  IxHween  1830  and  1S38,  and 
there  was  not  only  to  be  a  new  Congress  elected 
before  that  time,  but  a  new  Congress  under  a 
new  apportionment  of  the  representation,  in 
which  there  would  be  a  great  augmentation  of 
iiioinbeis,  and  esjiecially  in  the  West,  wheiv  tlie 
operation  of  the  present  bank  was  most  inju- 
rious. The  stockholders  liad  not  applied  for  the 
recliartcr  at  thi»  session :  that  was  the  act  of 


the  directors  and  politicians,  or  rather  of  the 
politicians  and  directors;  for  the  former  gov- 
erned the  decision.  The  stockholders  in  their 
meeting  last  September  only  authorized  the 
president  and  directors  to  apply  at  any  time 
before  the  next  triennial  meeting — at  any  time 
within  three  years ;  and  that  would  carry  the 
application  to  the  right  time.  I,  therefore,  in- 
veighed against  the  present  application,  and  in- 
sisted that : 

"Many  reasons  oppose  the  final  action  of 
Congress  upon  this  subject  at  the  present  time. 
We  are  exhausted  with  the  tedinm,  if  not  with 
the  labors  of  a  six  months'  session.    Our  hearts 
and  minds  must  be  at  home,  though  our  bodies 
are  here.    Mentally  and  bodilj'  we  are  unable 
to  give  the  attention  and  consideration  to  this 
question,  which  the  magnitude  of  it.s  principles, 
the  extent  and  variety  of  its  details,  demand 
from  ns.      Other  subjects  of  more  immediate 
and  pressing  interest  must  be  thrown  aside,  to 
make  way  for  it.     The  reduction  of  the  price  of 
the  public  lands,  for  which  the  new  States  have 
been  petitioning  for  so  many  years,  and  the 
modification  of  the  tariff,  the  continuance  of 
which  seems  to  be  weakening  the  cement  which 
binds  this  I'nion  together,  must  bo- poiitponed, 
and  po.sgibly  lost  (vr  the  session,  if  we  go  im 
with  the  bank  question.     Why  has  the  tariff 
been  dropped  in  the  Senate  ?    Every  one  recol- 
lects the   haste  with  which  that   s'ubject  was 
taken  up  in  this  chamber ;  how  it  was  pushed 
to  a  certain  point ;  and  how  suddenly  and  j*;en- 
tly  it  has  given  way  to  the  bank  bill  !     Is  there 
any  union  of  interest — any  conjunction  of  forces 
— any  combined   plan  of  action — any  aUiance, 
offensive    or    defensive,    between    the    United 
States  Bank  and  the  American  system  ?    Cer- 
tainly they  enter  the  field  togethcj",  one  here, 
the  other  yonder  (pointing  to  the  House  of 
Representatives),  and  leaving  a  clear  stage  to 
each  other,  they  press  at  once  upon  both  wings, 
and  announce  a  perfect  non-interference,  if  not 
mutual  aid,  in  the  double  victory  which  is  to  be 
achieved.    Why  have  the  two  bills  reported  by 
tne  C  immittee  on  Manufactures,  and  for  taking 
up  which  notices  have  been  given :  why  arc  they 
so  suddenly,  so  easily,  so  gently,  abandoned  ? 
Why  is  the  land  bill,  reported  by  the  same 
committee,  and  a  pledge  given  to  call  it  up 
when  the  Committee  on  Public  Lands  had  made 
their  counter  reiwrt,  also  suffered  to  sleep  on 
the  table  ?     The  counter  report  is  made ;  it  \» 
printed  ;  it  lies  on  every  table  ;  why  not  go  on 
with  the  lands,  when  the  settlement  of  the  ques- 
tion of  the  amount  of  revenue  to  be  derived 
from  that  source  precedes  the  tariff  <iuestion, 
and  must  be  settled  before  we  can  know  how 
much  revenue  should  be  raised  from  imports. 

"An  unfinished  investigation  jire.sented  an- 
other reason  for  delaying  the  final  action  of  Con 
gress  on  this  subject.    The  House  of  Uepix'senta- 


246 


THIRTY  YEARS'  VIEW. 


■m 


tWca  hftfl  appointed  a  committee  to  inve8tip;ato 
the  nflhirs  of  the  bank  ;  they  had  proceeded  to 
tlie  limit  of  the  time  allotted  them — Imd  report- 
ed adversely  to  the  hank — and  especially  against 
the  renewal  of  the  charter  at  this  session  ;  and 
had  arf^ued  the  necessity  of  further  examina- 
tions. Would  the  Senate  proceed  while  this 
unfinished  investigation  was  depending  in  the 
other  end  of  the  building  ?  Would  they 
act  so  as  to  limit  the  investigation  to  the  few 
weeks  which  were  allowed  to  the  committee, 
when  we  have  from  four  to  si.x  years  on  hand 
within  which  to  make  it  ?  The  reports  of 
this  committee,  to  the  amount  of  some  15,000 
copies  had  been  ordered  to  be  printed  by  the 
two  Iloiises,  to  be  distributed  among  the  people. 
For  what  purpose  ?  Certainly  that  the  people 
might  read  them — make  up  their  minds  upon 
their  contents — and  communicate  their  senti- 
ments to  their  representatives.  But  these  re- 
ports are  not  yet  distributed ;  they  are  not  yet 
read  by  the  people  ;  and  why  order  this  distri- 
bution without  waiting  for  its  effect,  when  there 
is  so  much  time  on  hand  ?  Why  treat  the  peo- 
ple with  this  mockery  of  a  pri'tended  consulta- 
tion— this  illusive  reference  to  their  judgment — 
while  proceeding  to  act  before  they  can  read 
what  we  have  sent  to  them  ?  Nay,  more ;  the 
Tciy  dociiments  upon  which  the  reports  are 
founded  are  yet  unprinted  !  The  Senate  is  ac- 
tually pushed  into  this  discussion  without  hav- 
ing seen  the  d  ^.lence  which  has  been  collected 
by  tiie  investigating  committee,  and  which  the 
Siiiate  itself  has  ordered  to  be  printed  for  tho  | 
inrormiition  of  its  members.  I 

"  'I'lic  decision  of  this  question  does  not  belong 
to  this  Congress,  but  to  the  Congress  to  be  } 
elected   under  the   new   census  of  1830.      It 
looked  to  him  like  usurpation  for  this  Congress  I 
to  seize  upon  a  question  of  this  magnitude,  which  i 
requiivd  no  decision  until  the  new  and  full  rep-  j 
rcsentation  of  the  people  shall  come  in ;   and  j 
w^hich,  if  decided  now,  though  prematurely'  and  ! 
by  usurpation,  is  irrovocable,  although  it  cannot  i 
take  efl'ect  until  1H3G ; — that  is  to  say,  until  ! 
three  years  after  the  new  and  full  represcnta-  | 
tion  would  be  in  power.     What  Congress  is 
this  ?    It  is  the  apportionment  of  1820,  formed  | 
on  a  population  of  ten  millions.    It  is  just  going  ' 
out  of  existence.    A  new  Congress,  apportioned  j 
upon  a  representation  of  thirteen  millions,  is  ! 
already  provided  for  by  law ;  and  after  the  4th  ' 
of  March  next — within  nine  months  from  this  i 
day — will  be  in  power,  and  entitled  to  the  seats 
in  which  we  sit.    That  Congress  will  contain  ; 
thirty  meralxirs  more  than   the  present  one.  i 
Three  millions  of  people — a  number  equal  to 
that  'vhicli  made  the  revolution — are  now  un-  , 
repivsented,  who  will  \>e  then  represented.    The 
AVest  alone — that  section  of  the  Union  which 
Hiillers  most  from  the  depredations  of  the  bunk 
— loses  twenty  votes  !     In  that  section  alone  a 
million  of  |K'ople  lose  their  voice  in  thu  <lecision 
of  this  great  (juestiou.     And  why  ?     What  ex- 
cuse?    What  necessity?    What  plea  for  this 


sudden  haste  which  interrupts  an  unfinished 
investigation — sets  aside  the  immediate  business 
of  the  people — and  usurps  the  lights  of  our  suc- 
cessors ?  No  plea  in  the  world,  except  that  a 
gigantic  moneyed  institution  Refuses  to  wait, 
and  must  have  her  imperial  wishes  immediately 
gratified.  If  a  charter  was  to  be  granted,  it 
should  be  done  with  as  little  invasion  of  the 
rights  of  posterity — with  as  little  encroachment 
upon  the  privileges  of  our  successors — as  possi- 
ble. Once  in  ten  years,  and  that  at  the  com- 
mencement of  each  full  representation  under  a 
new  ccnsiLS,  would  be  the  most  appropriate 
time ;  and  then  charters  should  be  for  ten,  and 
not  twenty  years. 

"Mr.  B.  had  nothing  to  do  with  motives.  lie 
neither  prefencd  accusations,  nor  j)ionounred 
absolutions :  but  it  was  impossible  to  shut  his 
eyes  upon  facts,  and  to  close  up  his  ivason  against 
the  induction  of  inevitable  inferences.  The  prc- 
sidental  election  was  at  hand ; — it  would  come 
in  four  months ; — and  here  was  a  question  which, 
in  the  opinion  of  all,  must  afl'eet  that  election 
— in  the  opinion  of  some,  may  decide  it — which 
is  pressed  on  for  decision  four  years  before  it  is 
necessary  to  decide  it.  and  six  j-cars  before  it 
ought  to  be  decided.  Why  this  sudden  pressure  ? 
Is  it  to  throw  the  bank  bill  into  the  hands 
of  the  President,  to  solve,  by  a  practical  reference, 
the  disputed  problem  of  the  executive  veto,  an(l 
to  place  the  President  under  a  cross  fire  from  the 
opposite  banks  of  the  Potomac  River?  He  [Mr. 
B.]  knew  nothing  about  that  veto,  but  he  knew 
something  of  human  nature,  and  something  of 
the  rights  of  the  people  under  our  representative 
form  of  government ;  and  he  would  be  free  to 
say  that  a  veto  which  would  stop  the  encroach- 
ment of  a  minoiity  of  Congress  tipon  the  rights 
of  it',  successors — which  would  arrest  a  fright- 
ful act  of  legislative  usurpation — which  would 
retrieve  for  the  people  the  right  of  deliberation, 
and  of  action — which  would  aiTesttheoverwheliu- 
ing  progress  of  a  gigantic  monejed  institution — 
which  would  prevent  Ohio  from  being  deprived 
of  five  votes,  Indiana  from  losing  four,  Tennessee 
four,  lUinois  two,  Alabama  two,  Kentucky,  Jlis- 
sissippi  and  Missouri  one  each— which  would 
lose  six  votes  to  New- York  and  two  to  Pennsyl- 
vania ;  a  veto,  in  short,  which  would  protect  the 
rights  of  three  millions  of  people,  now  unrepre- 
sented in  Congress,  would  be  an  act  of  constitu- 
tional justice  to  the  jKJople,  which  ought  to  laise 
the  I'resident,  and  certainly  would  raise  him.  to  a 
higher  degree  of  favor  in  the  estimation  of  every 
ivpublican  citizen  of  the  connnunit}'  than  he  now 
enjoyed.  By  passing  on  the  chaiter  now.  Con- 
gress would  lose  all  check  and  contiol  over  the 
institution  for  tho  four  years  it  had  yet  to 
run.  The  pendency  of  the  (]uestion  was  a  loil 
over  its  head  for  these  four  years ;  to  deeiilu 
the  question  now,  is  to  free  it  from  all  restraint, 
and  turn  it  loose  to  play  what  part  it  plea.suil 
in  all  our  ailair.s — elections.  State,  federal,  presi- 
dential. 

"Mr.  B.  turned  to  the  example  of  England, 


ANNO  n22.    ANDREW  JACKSON,  PRESIDENT. 


247 


ipts  an  nnflnished 
inmediate  business 
Q  lights  of  our  suc- 
orl(l,  except  that  a 
n   refuses  to  wait, 
vishes  iniracdiatcly 
to  V)e  granted,  it 
tic  invasion  of  the 
little  encroachment 
iccessors— as  possi- 
d  that  at  the  coin- 
rcsentation  under  a 
I  most  appropriate 
ould  be  for  ten,  and 

)  with  motives.    lie 
IS,  nor  prononnred 
lossible  to  shut  his 
up  his  reason  against 
iiferences.     The  pre- 
nd ; — it  would  come 
ras  a  question  which, 
atU'ct  that  election 
ay  decide  it — which 
our  years  before  it  is 
six  years  before  it 
his  sudden  inessuie? 
bill  into  the  hands 
r  a  practical  reference, 
c  e.Kecutive  veto,  and 
r  a  cross  lire  from  the 
[uac  River?    He  (Mr. 
at  veto,  but  he  knew 
re.  and  somethinjr  of 
Icr  our  representative 
he  would  be  free  to 
(1  stop  the  encroach- 
ircss  iipon  the  rights 
ould  arrest  a  fri<;ht- 
wtion— which  would 
right  of  deliberation, 
aiTcst  the  overwhelm- 
iioneyed  institution — 
fiom  being  deprived 
losing  four,  Tennessee 
two,  Kentucky,  Mis- 
each  —which  would 
.  and  two  to  Pennsyl- 
lich  would  protect  the 
people,  now  unreprc- 
be  an  act  of  constitu- 
which  ought  to  raise 
would  raise  him.  to  a 
lie  estimation  of  eveiy 
Immunity  than  he  now 
he  charter  now,  Con- 
and  c(mtiol  over  the 
ears  it  had    yet    to 
e  (juestion  was  a  rod 
bur  years;  to  decide 
J  it  from  all  restraint. 
what  part  it  pleased 
I,  State,  federal,  presi- 

[example  of  England, 


and  begged  the  republican  Senate  of  the  United 
States  to  take  a  lesson  from  the  monarchial 
parliament  of  Great  Britain.  We  copied  their 
evil  waj'S ;  why  not  their  good  ones  ?  We  cop- 
ied our  bank  charter  from  theirs ;  why  not  imi- 
tate them  m  their  improvements  upon  their  own 
work  ?  At  first  the  bank  had  a  monopoly  result- 
ing from  an  exclusive  privilege:  that  is  now 
denied.  Formerly  the  charter  was  renewed 
several  years  before  it  was  out :  it  now  has  less 
than  a  year  to  run,  and  is  not  yet  rcchartered." 

Amotion  wa.s  made  by  Mr.  Mooro  of  Ala- 
bama, declaratory  of  the  right  of  the  States  to 
admit,  or  deny  the  establishment  of  branches  of 
the  mother  bank  within  their  limits,  and  to  tax 
their  loans  and  issues,  if  she  chose  to  admit  them: 
and  in  support  of  that  motion  Mr.  Benton  made 
this  speech : 

"  The  amendment  offered  by  the  senator  from 
Alabama  [Mr.  .Moore]  was  declaratory  of  the 
rights  of  the  States,  both  to  refuse  admission  of 
these  branch  banks  into  their  limits,  and  to  tax 
them,  like  other  property,  if  admitted :  if  this 
amendment  was  struck  out,  it  was  tantamount 
to  a  legislative  declaration  that  no  such  rights 
existed,  and  would  operate  as  a  confirmation  of 
the  decision  of  the  Supremo  Court  to  that  effect. 
It  is  to  no  purpose  to  say  that  the  rejection  of 
the  amendment  will  leave  the  charter  silent  upon 
the  subject ;  and  the  rights  of  the  States,  what- 
.soovcr  they  may  be,  will  remain  in  fuU  force. 
Tliat  is  the  st)>te  of  the  existing  charter.  It 
is  silent  upon  the  subject  of  State  taxation ; 
and  in  that  silence  the  Supreme  Court  has 
spoken,  and  nullified  tlie  rights  of  the  States. 
That  court  has  decided  that  the  Bank  of  the 
United  States  is  independent  of  State  legislation ! 
consequently,  that  she  may  send  branches  into 
the  States  in  defiance  of  their  laws,  ami  keep 
them  there  without  the  payment  of  tax.  This 
is  the  decision ;  and  the  decision  of  the  court  is 
the  law  of  the  land ;  so  that,  if  no  declaratory 
clause  is  put  into  the  charter,  it  cannot  be  said 
that  the  new  charter  will  be  silent,  as  the  old 
one  was.  Tlic  voice  of  the  Supreme  Court  is 
now  heard  in  that  silence,  proclaiming  the  su- 
premacy of  the  bank,  and  the  degradation  of  the 
States ;  and,  unless  we  interpose  now  to  coun- 
tervail that  voice  bj'  a  legislative  declaration,  it 
will  be  impossible  for  the  States  to  resit  it,  ex- 
cci)t  by  measures  which  no  one  wishes  to  con- 
template. 

'•  Mr.  B.  regretted  that  he  had  not  seen  in  the 
papers  any  rejtort  of  the  argument  of  the  senator 
from  Virginia  [Mr.  Tazewell]  in  vindication  of 
the  right  of  the  States  to  tax  these  branches. 
It  was  an  argument  brief,  powerful,  and  conclu- 
sive—lucid as  a  sunbeam,  direct  as  an  arrow,  and 
mortal  as  the  stroke  of  fate  to  the  adversary 
speakers.  Since  the  delivery  of  that  argimient, 
tliey  had  sat  in  dundi  show,  silent  as  the  grave, 
uiuie  as  the  dead,  and  presenting  to  our  imagi- 


nations the  realization  of  the  Abbe  Siej'cs's  fa- 
mous conception  of  a  dumb  legislatuiv.  Before 
the  Stati'S  surrendered  a  iwrlion  of  their  sove- 
reignity to  create  this  federal  government,  they 
po.s.se.ssed  tlie  unlimited  power  of  taxation ;  in 
the  act  of  the  surrender,  which  is  the  constitu- 
tion, they  abridged  this  unlimited  right  but  in 
two  particulars — exj^rts  and  imports — which 
they  agreed  no  longer  to  tax,  and  therefore  re- 
tained the  taxing  jiower  entire  over  all  other 
subjects.  This  was  the  substance  of  the  argu- 
ment which  dumbfounded  the  adversary;  and 
the  distinction  which  was  attempted  to  Ix;  set 
up  between  tangible  and  intangible,  visible  and 
invisible,  objects  of  taxation ;  between  franchi- 
ses and  privileges  on  one  side,  and  material  sub- 
stances on  the  other,  was  so  completely  blast- 
ed and  annihilated  by  one  additional  stroke  of 
lightning,  that  the  fathers  of  the  distinction  really 
believed  that  they  had  never  made  it !  and  sung 
Mieir  palinodes  in  the  face  of  the  House. 

''  The  argument  that  these  branches  are  nc- 
cessury  to  enable  the  federal  government  to  car- 
ry on  its  fiscal  operations,  and,  then-fore,  ought 
to  be  indeijendent  of  State  legislation,  is  an- 
swered and  expunged  by  a  matter  of  fact,  name- 
ly, that  Congress  itself  has  «letermined  other- 
wise, and  that  in  the  very  charter  of  the  bank. 
The  charter  limits  the  right  of  tlie  federal  gov- 
ernment to  the  establishment  of  a  single  branch, 
and  that  one  in  the  District  of  Columbia !  The 
branch  at  this  place,  and  the  pai-ent  bank  at 
Philadelphia,  are  all  that  the  federal  govenunent 
has  stipulated  for.  All  beyond  that,  is  left  to 
the  bank  itself;  to  establish  branches  in  the 
States  or  not,  as  it  suited  its  own  interest;  or  to 
employ  State  banks,  with  the  approbation  of  the 
Secretary  of  the  Treasury,  to  do  the  business  of 
the  branches  for  the  United  States.  Congress 
is  contented  with  State  banks  to  do  the  business 
of  the  branches  in  the  States ;  and,  therefore,  au- 
thorizes the  very  case  which  gentlemen  appre- 
hend and  so  loudly  deprecate,  that  New-York 
may  refuse  her  assent  to  the  continuance  of  the 
branches  within  her  limit.s,  and  send  the  public 
deposits  to  the  State  banks.  This  is  what  the 
charter  contemplates.  Look  at  the  charter ;  sec 
the  fourteenth  article  of  the  constitution  of  the 
bank ;  it  makes  it  optionary  with  the  directors 
of  the  bank  to  establish  branches  in  such  States 
as  they  shall  think  fit,  with  the  alternative  ol 
using  State  banks  as  their  substitutes  in  States 
in  which  they  do  not  choose  to  establish  branch- 
es. This  brings  the  establishment  of  branches 
to  a  private  atjiiir,  a  mere  question  of  profit  and 
loss  to  the  bank  itself;  and  cuts  up  by  the  roots 
the  whole  argument  of  the  necessity  of  these 
branches  to  the  fiscal  operations  of  the  federal 
government.  The  establishment  of  branches  in 
the  States  i.s,  then,  a  private  concern,  and  presents 
this  iiuestion:  Shall  non-resideats  and  aliens 
— even  alien  etiemies,  for  such  they  may  be — 
have  a  right  to  carry  on  the  trade  of  banking 
within  the  hmits  of  the  States,  without  their 
couacnt,  without  liability  to  taxation,  and  with* 


I 


w 


248 


vimiTV  yi:ah>'  vikw. 


out  niiu'imliilily  '"  Sliitc  li'-j-inliitioii?     Tin-  hiij:-  nnicifil  ;i  -ni-niccpf  Hie  llrilisli  {•.ivcnmu'iit,  iJiat 

ffstioii  lh:i(  tin-  I'liilcd  SIjiIcs  owns  ail  iittcnsi  '  millu  r  Mi-  Mnjrsty's  miiiisli  is.  imr  |uiiliiiiiK'iit, 

II  this  Ixink.  is  iil'im  aviiil.     If  clio  owiii'd  it  all, ,  wmild  cvi  r  uywv  ti>  rciuw   llii'  cliarliT  of  tlio 

It   wuiilil   Htill    l)i>  Hiilijcrt  to  taxation,  like  all:  Hank  of  Kii^laiul  with  tliiircxcliisivopriviU-gvs! 

ttluT  p5'<>i»i'rly  is  whiili  hh»'  liohls  in  (lie  Statin.  Mxcliisivi'  piiviIt|j;»'S.  llioy  saiil,  win;  out  <i  Canh 


I  . 


'.'lie  iaiKis  wliich  sill' had  ohtaini'tl  fniin  intliviil- 1  ion  !  Nor  is  it  reiu'wod  to  tliiH  day,  thoiip:h 
Jial.M  in  untiHlaction  of  debts,  wfiv  all  Hulijfct  to  !  tin-  cliarlcr  is  within  nine  niontlm  of  itH  expiiii- 
laxation;  tlio  |>i:hlic  lands  which  ishi>  hVld  hy  I  tion ! 

Cnints  fiimi  thiStatis,  or)iiiri'liaHos  fidiii  I'oivi};!!  "In  tho  inrulinr  oxcolhiicc  of  the  Scottif^h 
iviwcrs,  wriv  only  I'xonii'fcd  from  laxalion  liy  '  ;'!:!!i,  Tus  a  fi-w  plain  and  ohvions  princijili's, 
rirtiu- «.f  compacts,  and  till' paynii'iit  of  dvi'  per  '  clo-cly  related  to  ropuhlican  ideas.  First.  No 
:ci)tuin  on  the  pntoirds  of  tho  sales  for  that  ex-  exclusive  privile-ieB.  Secondly.  Three  inde- 
siiiption."  pendent  banks  to  chock  niid  control  each  other, 


I 


ind  ditrii-e  their  Id'HedtH.  instead  of  one  to  do 


Tho  motion  of  Mr.  Mooi-o  was  rejected,  and  :  ,,sii  p!,  a-ed.  and  monoiKdizellie  moneyed  power. 
by  the  usual  majority.  1  Tliirlly.     The  liability  of  each  stockholder  for 

^rr.  llenton  then  moved  to  strike  out  so  mucli '  ""'  MiiMnnit  of  liis  stock,  on  the  failure  of  tlie 

iiaiik  I  1  redeem  its  notes  in  specie.  Fourthly. 
Tho  payment  of  ;i  moderate  interest  to  dcposi- 
(ors.     ('poll   llie.<e  few  plain  principles,  nil  of 


of  the  bill  as  p:a\e  to  Uie  bank  exclusive  jirivi- 
le);i's,  and  to  insert  a  provision  making  the 
Ptockholders  lialili-  for  the  debts  of  the  institu- 
tion ;  ancl  ill  ,>;iipp<irl  of  his  motion  ipioted  the 
case  of  the  three  Scottish  banks  which  had  no 
exclusive  privilep-.  and  in  which  the  stockhold- 
i.TS  were  liable,  ami  the  superior  excellence  of 


them  founded  in  repnbliciinnotions, (>(iiial  riglitH, 
and  eipial  Justice,  the  Scottisli  banks  have  ad- 
vanced themselves  to  the  lirst  rank  in  Kurope, 
have  eclipsed  the  Hank  of  Kiiglaiid,  ami  caused 
it  to  be  condemned  in  its  own  country,  and  liavo 
made  themselves  the  model  of  all  fntiiiv  (milking 


which  over  the  Mank  of  Fniilaiid  was  admitted  ■  iii'^titiilious    in    (ireat    Uritain.      And    now,    it 

nml  declared  bv  Ku-li.-h  statesmen.     He  sai.l:       "'."','''  ''.*'  •'  .'•'"•'""^  political  i.heiiomenon.  and 

imj;lil  ;.:ive  ri-e  to  some  iiiterestiii}!  speculations 
'•The  thivc  .'Scottish  batiks  had  held  each  ""  the  advance  trf^'ce principles  in  Kiifiland, and 
other  in  check,  had  jtroceeded  moderately  in  all  their  decliije  in  America,  if  the  Scottish  ripiib- 
their  operations,  conducted  their  business  rcfru- j  bean  plan  of  bankiiif;  .'-honid  be  rejected  here, 
larly  and  prudeutly.  and  always  kejil  themselves  '  while  prelerred  tiere;  and  the  Hrilish  monarchial 
ill  a  ci'Uilitioii  to  lace  tlieir  creiliiors ;  while  the  |  plan,  which  is  condemned  there,  should  be  jier- 
siiiirle  Fiifilish  b.ink,  having  no  check  from  rival  I'ctiialed  here!  and  this  double  inconp:ruity 
institutions,  ran  riot  in  the  wantonness  of  its  own  '  committed  without  neces.*ity,  without  excuse, 
iinlnidled  power,  de!u;rin;r  the  country,  when  it  withoiii  -iviii;:  the  jieople  time  to  consider,  and 
pleased,withiiapir,an(Hil|iiigit  with  speculation  I"  counuuuicate  their  sentiments  to  their  con- 
uiid    exfravafrance  ;  drawinj?  in   apiin   when  i( '  sliluent-i.  when  there  is  four,  if  not  six  years,  for 


pleased,  and  lillinp:  it  with  Itankrnptcy  and  pau- '  them  lo  consider  the  subject  before  linul  decisiou 

perism  ;  ol\cn  tninsivndinn  its  limits,  ami  twice  I  if*  required 

stoppiiifi   payment,  and   once   for  a   period  of  | 

twenty  years.     Theix-  can  bo  no  (picstion  of  the  | 

iiicoiiipaVable  suiH-rioritv  of  the  .'Scottish  bankiii}:!  ^■''*'>-''^'  of  the  bank,  was  warmly  contested  in  tho 


d!" 


The  clause  for  cuiitinuinp;  the  exclusive  pri- 


systeni  over  the  Kiifrlish  bankiii);  system,  even 
ill  a  monai'chy ;  and  this  has  been  ollicially  an-! 
nouuci'd  to  the  Hank  of  F.iijiland  by  the  Ibitish  | 
ministry,  r.s  far  back  as  the  year  I^lM,  with  the  ; 
autiientic  declanition  that  the   F.n^rlish  .>iysteiii 
of  bankiiifr  must  be  a;>siiuilateil  f<i  the  Scottish! 
System,  and  tlijit   her  i'xilu.«ive  privile.ue  cuuM 
never  Iti'  ivnewed.     This  was  done  in  a  i-orre- 1 
«{K»ndence  between  the  Karl  of  IJverpool,  lirst  j 
Lord  of  the  'I'reasury.  and  .Mr.  Hobinsoii,  t'lian- ' 
cellor  of  the   F.xcluMpier,  on  one  side,  !iiid  the ' 
Governor  ami  Deputy  iJovernorof  the  IJank  of 
England  on  the  other.     In  their  letter  of  the 
18th  January.  IH^ti.  the  two  ministers,  advert iiii 


Senate,  and  artininents  against  it  draw  n  from  the 
nature  of  our  government,  as  well  us  from  the 
exanijile  of  (he  Ihitish  parliament,  which  had 
granted  the  monopoly  to  the  Bank  of  England 
in  her  previous  charters,  and  ileiiied  it  on  the 
last  renewal.  It  owed  its  origin  in  England  to 
(he  high  tory  times  of  Queen  Anne,  and  its  c.\- 
tii.ction  to  tho  liberal  spirit  of  the  present 
century.  Mr.  Iloixton  was  the  chief  sjieaker  ou 
this  point ;  and — 

'•  Pointed  out  the  clauses  in  the  charter  which 


o  tho  fact  of  the  stoppage  of  payment,  and    granted  the  exclusive  privilege,  and  impo.sed  the 


L'iKnUcd  convulsions  of  the  Hank  of  Englnml. 
while  the  Scottish  banks  had  lieeii  wholly  five 
from  such  calamities,  declared  their  conviction 
that  theix'  existed  an  unsound  and  delusive  sys- 
tem of  banking  in   Knglaml.  and  a  sound  and ' 


restriction,  which  it  wastheobject  of  his  motion 
to  abolish  ;  and  ivad  a  part  of  the  2lst  section, 
which  eiiaetetl  that  no  other  bank  should  he 
established  by  any  future  law  of  the  I'liiteil 
States,  duri  ig  the  continuance  of  that  charter. 


'.il)r  rj 


feolid  system  iu  Scotland!     And  they  gave  the  |  and  which  pledt;,ed  the  faith  of  tho  United  Stutei 


ANNO  1832.     ANDHKW  JACKSON,  1'III'>i|IH:NT. 


249 


1  j>,)virniiu'iit.  t)>ftt 
,s,  iKir  |iiirliium-iit, 
till'  flmit«T  ">f  the 
vcliiHiviTnviH't'Hl 
I,  wii-f!  i)\it  (!i  l'»t<h- 
'this  «li»y,  U><iuj;l» 
)nlhK  of  itH  txpiru- 

cc  of  the  Sciittit^h 
»il.vi«)n8  i>iinciiilfH, 
li.k'iis.  Kivst.  No 
1(11).     Tliivo   imlc- 

control  I'lith  «»lhcr, 
istcml  of  one  to  do         ! 
the  moneyed  power, 
ich  stockholder  for 
I  the  fiiihne  of  tlic 
1  Hjieeie.     l-'oiirthlj;. 
.«  interest  to  doposi- 
in  principles,  nil  of 
notions,  etpial  riphtH, 
ti^h  bunks  have  ml- 
iist  rank  in  Kurope, 
Knuland,  ami  caused 
,vu  country,  and  have 

(.fall  future  tmnking 
tain.  And  now,  it 
•nl  phenomenon,  untl 
erestinir  speculations 
'iples  in  Kn(iland,  and 
f  the  Scotlii-h  repuh- 
idd  he  rejecte*!  here 

he  llritish  tnonarclnal 

there,  shoulil  I'O  per- 

douhle    inrou^rrnlty 

lily,  without  excu.-e, 

time  to  consider,  and 
|itin\ents  to  their  con- 

ir,  if  not  six  years,  for 

■t  before  liual  decision 

n;;  the  exclusive  pri- 
indy  contested  in  the 
Inst  it  draw  u  from  the 
,  as  well  its  iToui  tho 
■irliament,  which  had 
the  liank  of  England 
lind  denied  it  on  the 

«irij:in  in  England  to 
ecu  Anne,  and  its  ex- 
jpirit  of  the  present 

the  chief  siwaker  ou 

U  in  the  charter  which 
lilege,  and  imposed  the 
JIr.  object  of  his  motion 
Irt  of  the  2lst  secti.m. 
Ither  bank  should  be 
,,  law  of  the  rmted 
Jnance  of  that  charter, 
llh  of  tho  United  Stutei 


to  the  observance  of  tho  monopoly  theri'hy 
created.  lie  said  the  itrivili.'ge  of  banking,  lu're 
granted,  was  an  exclusive  privilege,  a  n\onopoly, 
I)  invasion  of  tlu;  rights  of  all  fiunre  ('on- 


and  an 

gressefi,  as  well 


ns  of  the  rights  of  nil  citi/ens 
of  the  Union,  for  the  term  the  charter  had  to 
ru''-,  and  which  niiglit  be  consi('ered  perpetual ; 
lui  this  was  the  last  time  that  the  |)eoplc  could 
i>rer  make  head  against  the  ne  v  |H)litical  power 
which  raised  itself  in  tho  fori)  of  ihe  bank  to 
overbalance  every  other  power  in  the  govern- 
ment. This  exclusive  privilege  is  contniry  to 
the  genius  of  our  goverinnent,  which  i.'i  a  gov- 
t-niujent  of  ecpial  rights,  and  not  of  exclusive 
jirivile^res ;  and  it  is  clearly  unauthori/.ed  by  the 
constitutioi'i,  which  only  admits  of  exclusive 
privileges  in  two  solitary,  specified  cases,  and 
each  of  these  founded  upon  a  natural  right, 
the  case  of  authors  and  inventors ;  to  whom 
Congress  is  authorized  to  grant,  for  a  limited 
time,  the  exchisivc  privilege  of  selling  their  own 
writings  and  discoveries.  But  in  the  case  of 
this  charter  there  is  nonattind  right,  and  it  may 
be  well  said  there  is  no  limited  time ;  and  the 
monopoly  is  far  more  glaring  and  indef:  nsible 
now  than  when  first  granted;  for  then  the 
charier  was  not  granted  to  any  particular  set 
of  indiviiluals,  Init  lay  o|)cn  to  all  to  subscribe 
to  it ;  but  '■.ow  it  is  to  be  continued  to  a  par- 
ticular T,ot,  and  many  of  them  foi-eigners,  and 
all  of  whom,  or  their  assignees,  had  already 
enjoyed  the  privilege  for  twenty  years.  If  this 
company  succeeds  now  in  getting  their  nu)nop(ily 
continued  for  fifteen  years,  they  will  so  intrench 
themselves  in  wealth  and  power,  that  they  will 
li(^  enabled  to  j)er|)etuute  their  charter,  and 
transmit  it  as  a  private  inheritance  to  their  po.s- 
terity.  Our  goverinnent  delights  in  rotation  of 
cflice  ;  all  officers,  from  the  highest  to  the  lowest, 
are  amenable  to  that  p."inciple ;  no  one  is  sulleretl 
to  i-emain  in  power  thirty-five  jcars ;  and  why 
should  one  company  have  the  command  of  the 
moneyed  power  of  America  for  that  long  iK'Hod  ? 
Can  it  be  the  wish  of  any  person  to  establish  an 
oligarchy  with  unbounded  wealth  aiii"  {.erpetual 
existence,  to  lay  the  foumi  ition  for  a  nobility 
and  monarchy  in  this  Aineriui ! 

"The  restriction  upon  future  Congresses  is  at 
war  with  every  principle  of  constitutional  right 
and  legislative  equahty.  If  the  constitution  has 
t;iven  to  one  Congress  the  right  to  charter  bunks, 
t  has  given  it  to  every  one.  If  this  Cc»ngiess 
ims  a  right  to  establish  a  bank,  every  other 
Congress  has.  The  power  to  tie  the  hands  of 
our  successors  is  nowhere  given  to  us ;  what 
tt'c  can  do  our  successors  can;  a  legislative  botly 
is  always  equal  to  itself.  To  make,  and  to 
amend  ;  to  do,  and  to  undo;  is  tiie  prerogative 
(tf  eiu'h.  But  here  the  attempt  is  to  do  what  we 
(Hirst'lves  cdunot  amend — what  our  successors 
cannot  anaud — and  what  our  successors  arc 
forbiddfu  to  imitate,  or  to  do  in  any  form.  This 
fIiows  the  danger  of  a,ssnming  implied  powers. 
If  the  power  to  establish  a  national  bank  had 
been  expressly  granted,  then  the  exercise  of  that 


power,  bt'ing  once  exerted,  would  becvlunislcd, 
and  no  further  legislation  wotdtl  rcnuiin  to  be 
done;  but  this  power  is  now  assumed  upon  con 
struclioii,  after  having  lueii  twice  n-jcctcd.  in 
the  convention  which  framed  the  constitution, 
and  is,  therefnrc,  without  limitation  as  to  ninnbcr 
or  character.  Mr,  Madison  was  express  in  his 
opinions  in  the  year  IT'.M,  that,  if  there  was  oiif 
bank  chartered,  there  ought  to  be  several  !  Tin 
genius  of  the  British  monaivhy,  he  said,  favor.  1 1 
the  concentration  of  wealth  and  jmiw*'!'.  In 
America  the  genius  of  the  government  re(iuii'c(l 
the  dilfusion  of  wealth  and  power.  The  estab- 
lishment of  branches  did  not  satisfy  the  prin 
ciple  of  diffusion.  Several  indejtendent  banks 
alone  could  do  it.  The  branches,  instead  of  les- 
sening the  wealth  and  po'vcr  of  the  single  insti- 
tution, greatly  incn'a.se<l  both,  by  giving  to  the 
great  central  parent  bank  an  organization  and 
rainillcation  which  pervaded  tho  whole  Union, 
drawing  wealth  from  every  part,  and  subjecting 
every  part  to  the  operations,  political  ami  pe- 
cuniary, of  the  central  institution.  Bui  this 
restriction  ties  up  the  hands  of  Congne.»  from 
granting  other  charters.  Behxvw  tm  it  miiy — 
plunge  into  all  elections — convulse  the  a)niitry 
with  expansions  ami  contractions  of  j.aper  cur- 
rency— fail  in  its  ability  to  help  tlic  merchants 
to  pay  their  bonds — stop  payment,  and  leave  the 
government  no  option  but  to  receive  its  dis- 
honored notes  in  revenue  payments — and  still 
it  would  be  secure  of  its  m<mopoly  ;  the  hands 
of  all  future  Congres.ses  would  be  tied  up  ;  and 
no  rival  oradditional  banks  could  be  establi.slnd, 
to  hold  it  in  check,  or  to  supply  its  place. 

"Is  this  the  Congress  to  do  these  things  ?  la 
this  the  Congress  to  impose  restrictions  upon 
the  power  of  their  successors  ?  Is  this  tho 
Congress  to  tie  the  hands  of  all  Congresses  till 
the  year  1851  ?  In  nine  months  this  Congress 
is  defunct !  A  new  and  full  representation  of 
the  people  will  come  into  power.  'J'liirty  addi- 
tional members  will  be  in  the  House  of  Kcpre- 
seiitatives  ;  three  millions  of  additional  people 
will  be  represented.  The  renewed  charter  is 
not  to  take  eilect  till  three  years  after  this  lull 
representation  is  in  power!  And  are  we  to 
forestall  and  anticij)ate  them?  lake  their 
proi'er  business  out  of  their  hands — sn;>tch  the 
sceptre  of  legislation  from  them — do  an  act 
whicli  we  cana(jt  amend — which  they  cannot 
amend — whicli  is  irrevocable  and  intangible ; 
and,  to  crown  this  act  of  usurpation,  deliberately 
set  about  tying  the  hands,  and  iin[)osing  a  re- 
striction upon  a  Congress  efjual  to  us  in  consti- 
tutional power,  superior  to  us  in  leiiresenlativc 
numbers,  and  better  entitled  to  act  u[)on  the 
subject,  becan.se  the  present  charter  is  not  to 
expire  nor  the  new  one  to  take  effect,  until 
three  ears  after  the  new  Congress  shall  be  in 
power!  It  is  in  vain  to  say  that  this  reasoning 
would  apply  to  other  legislative  measures,  and 
require  the  postponement  of  the  land  bill  and 
the  tarilf  bill.  Both  these  bills  require  imme- 
diate decision,  and  therein  dill'er  from  the  bauk 


250 


TIllllTV  YEAIW  VinW. 


Mil,  w'licli  rciinircs  no  division  for  tlirct  yivirs    Isliiiid ;  Naudain    of  Dulawait- ;  Poiiuloxtcr,  of 


to  ootiic.     IJiit  the  (lilliTciu'i'  is  (^natcT  still ;  for    ]yj 


tlu'  l.iiid  bill  and  taritl"  hill  aiv  ordinary  ai-ts  of 
K'^jislatioii,  opi'n  to  anii'iidnionl,  or  rt'pi'al,  by 
oursc'vfs  and  tiicTrssors;  bu(  tlu'  chartrr  Ih  to 
Ik-  irn'vooablc,  iMiaincndablo.  binding;  npon  all 
("onjrrcssos   till   tlu-  yi-ar  lMr)l.     Tliis  is  rank 


ississijtpi ;  I'rtiitiss,  of  Vermont ;  iU)l)l)ins,  of 
lUiodo  Island ;  IJobinson,  of  Illinois;   Knjrpli-s, 


of  Ohio;    Scyinonr,   «»f  Vonnont ;   Silsbiv,    of 
Massacbiisetts  ;  Sniitli  ((Ion.  Sanuud),  of  Mnry- 

,  .„  ,  ,     .-.  ,  I  ln'"l »  Wl>ra;;m'   of  Muino;   Tipton,  of  Indiana 

usurpation;  and  if  pcrjH'trutcd  by  ('onLMTss,  and ',,,.  ,.  r    ,.  ..     »       ,,r  , 

affrwards  avrostod  by  an  Kxtrutivovot..;  tho  i  '"".'''"■'""'  "^  l^nnrcticut ;  U  iMipanmn,  of 
I'lvsidi'iit  will  lM'conn''tlu>  tnio  ivprcM>nt.,tivf  of '  I'"<ii«ia'iii ;  Webstt-r,  of  Massarhnselts;  and 
tlif  iH'opIt .  ||u«  faithful  difi-ndor  of  tlu-ir  rifrlits, '  Wilkins,  of  IVnnsylvania:  2S.  Navs:  Messrs- 
and  t  lu'  d.fndor  of  t  he  ri-ht.  of  the  ww  Con};ri-sH  ;  |Ji.„ton,  of  Missouri ;  liibb,  of  Ki'iitucky  ;  1  W)wn, 
Wliu'li  will  assiMiibU'  under  tlu-  now  consus.      '    e  v     .1   /1      i-  T^    1  <■  »t        . 

"Mr.  II.  oondudod  his  nniarks  by  hov  mik  the  ""^  ^"'■*''  ^""•"'""' '  I>'"'<»''-'^«n.  «>f  Now  I  r.scy ; 
ori.srin.  and  also  the  o.xt  (ion,  of  i.e  c' Ttrino  ;  ^"'"^Tj  of  Nfw-\o,k  Elli.s,  of  Mississippi; 
i  Kn^rlaiu:.  \  1.  yjM  :i  <<»,•!  ',u  :m.-  ijii  of  F  rsyth,  of  (ioorpia;  (inindy,  of  'JVmu'.sstf  ; 
Qnwn  .\uiu- 1  ,.,1  li.sl  ^M^l.  '.  'i  uu  i  .vbisivi-  privi-  Hay,,,.,  of  South  Carolina  ;  Hill,  of  New  lluini)- 
b'P"  to  tlio  bank  ol  .iiKi*-'"!.  •'!"*  iiposod  a 
ro.vtriotion  ui)(>i>  the  ii;,iit  of  snU.tvj  jja/iii'/nonts 
to  establish  anotii-T  bank;  and  the  uii  ■ 
IS'Jd  had  eoii<leinne(!  this  doolrine,  and 
."^cribod  ilscoiilinuanee  in  Kiijrland.     'I'heeharter 


granted  to  the  old    Hank  of  the   I'nited   States 
and  to  the  existing  l)ank  hud  copied  those  ob 


shire;  Kane,  of  Illinois;  Kinji,  of  Alabama; 
V  ,',f  Mnngum,  of  North  Candina;  Marey,  of  New- 
j.i-o- j  York ;   Miller,  of  South   Carolina;    Moore,  of 

Alabama;    'razcwell,    of    Virginia;    Troup,   0/ 

Georgia;  Tyler,  of  Virginia;  Hugh  L.  White, 

of  Tennessee :  20. 


CIIAPTKll     LXVII. 

HANK  OK  TIIK  rxiTKI)  STATKS-HII.L  KOU  THE 
KI'.NKWKI)  CllAUTKll  I'ASSEU  IN  TUK  llOUSK  OF 
KKI'KESKNTATIVl'a. 

Thk  bill  whieh  hatl  passed  the  Senate,  after  n 
long  and  arduous  contest,  (piickly  passed  the 
Houpo,  \yitJi  little  or  no  contest  at  all.  Tho 
session  was  near  its  end  ;  menibers  were  wearied  ; 


noxious  clauses;  but  now  that  they  were  coii- 
(h'lmied  in  Kngland  as  too  mijust  an<l  odious  for 
that  nionarcliial  country,  they  ought  certainly  j 
to  be   discarded    in  this  republic,  where  e(iual  ! 
rights  was  the  vital  principle  and  ruling  feature 
of  all  our  institution.-*. " 

All  the  nniendinents  ])roposed  by  the  oppo- 
nents of  the  bank  being  inexorabi)-  voted  down, 
after  a  debate  whidi,  with  some  cessations,  c<.:i- 
timi'  1  from  .lanuary  to  dune,  the  llnal  vote  was 
take!  several  senators  first  taking  occasion  tt» 
slios-  'hey  had  no  interest  in  the  institution. 
Mr.  IJenton  had  swn  the  nanus  of  some  mem- 
bers in  the  li.st  of  stockholders;  and  early  in 

the  dt  bate  had  required  that  the  rule  of  parlia-  the   result   foreseen  by   every  body — that  tho 

mentary  law  should  be  read,  which  excludes  the  bill  would  pass — the  veto  lie  applied — and  the 

interested  member  from  voting,  and  expung»>s  whole  (juestion  of  diarter  or  no  charter  go  before 

his  vote  if  he  does,  and  his  intei est  is  afterwards  the  people  in  the  question  of  the  j)residential 

discovered.     Mr.  Dallas  said  that  he  had  stdd  election.      Some   attempts   were  made   by  the 

lii.<t  stock  in  the  institution  as  soon  as  it  was  adversaries  of  the  bill  to  amend  it,  by  ofl'ering 

known  that  the  question  of  the  rccharter  would  amendments.  Bimilar  to  those  which  had  been 

come  before  him:  Mr.  Sil.«.bee  said  that  he  had  oil'ered  in  the  Senate;  but  with  the  same  result 

tlisposed  of  his  interest  before  the  (luei-t ion  came  in  one  House  as  in  the  other.     They  were  all 

lH>fore  Congress  :  Mr.  Webster  said  that  the  in-  voted  down  by  an  inexorable  majority  ;  and  it 

Pertion  of  his  name  in  the  list  of  stockholders  was  evident  that  the  contest  was  political,  and 

wiw  a  mistake  in  a  clerk  of  tlie  bank.     The  vote  relied  upon  bj'  one  party  to  bring  them  into 

was  then  taken  on  the  j>ass.igc  of  the  bill,  and  power;   and  deprecated  by  the  other  as  tho 

st(Kid  :  Vkas  :  Messrs.  Hell,  of  New  Hampsliire  ;  flagrant  prostitution  of  a  great  moneyed  corpo- 

Huckner.  of  Mis.sonri ;  Chambers,  of  Maryland  ;  ration  to  parti.san  and  election  purposes.    Tlw 

^'lay.  of  Kentucky  ;  Clayton,  of  Delaware ;  Dal-  question  was  soon  put;  and  decided  by  the  fol- 

las  of  Pennsylvania;  Ewing,  of  Ohio;  Foot,  of  lowing  votes: 

Connecticut;   Fn.dinghuysen.  of  New   Jersey;,      y,,,._Mes8rs.  Adams,  C.  Allan,  H.  Allen, 

Hendn-'ks,  of  Indiana  ;  Holmes,  of  Maine;  Jo-  Allison,  Appleton    Armstrong.  Arnold,  Ashley 
eiah  S.  Jo>nston,  of  Louisiana ;  Knight,  of  Ilhode  ,  Babcock,  liunks,  N.  Barbcrj  J.  S.  Barbour,  Bar- 


ANNO  1882.    ANDIIRW  JACKSDX,  IMIF.SFDRNT. 


251 


re;  PoiiuK'xtiT,  of 
inont ;  Ko»>l'ii^«,  of 

Illinois;  U«ippli-s, 
inont;  Silslxv,   «f 

Samuel),  of  Mnry- 
•i|)ton.  of  Iinrmiift 

;    Wii)tiri»">»".    "*" 
lassachuseltH;    un.l 
>8.     Nays:  Messrs. 
Kentucky;  l'-^)"  11, 
;on,  of  N<w  »  -sey: 
lis,   ol'  Mississippi ; 
udy,   of  Ti'uni'ssee; 
Hill,  of  New  lliiuip- 
Kin^t,  of  Aliil'iinia; 
,a;  Marcy,  of  Ncw- 
larolina;    Mooiv,  of 
k'irpinia;    Troiip.   of 
,a;  lIuKh  L.  White, 


LXVII. 

■ATh>-ini.L   FOR  TlIK 
*E1)  IN  TllK  HOUSE  OF 


«l  the  Senate,  after  a 
,  (luickly  passed  tlw 
contest  at  all.     'I'lio 
embers  wi-ro  wearied ; 
|very  body— tli»t  tho 
lie  applie<l— ii"«l  tbe 
,r  no  charter  t;o  before 
I  of  the  j)residential 
were  made  by  the 
amend  it.  by  oflerinj!; 
hose  which  had  been 
with  the  same  result 
Ither.    They  were  all 
jable  majority  ;  ami  it 
[est  was  political,  and 
to  bring  them  into 
»y  the  other  as  tho 
[great  moneyed  corpo- 
jction  purposes.    Tlw 
,d  decided  by  the  fol- 

.  C.  Allan,  H.  Allen, 
Irong.  Arnold,  Ashley 
V  J.  S.  Barbour,  Bar- 


rinjier,  Bar5tow,  I.  ('.  Bates,  Bri;igs,  IJucher, 
Bullai.!,  ISiiiii,  Ibirp'-.  ('li«.alf,  Collier,  L.  Con- 
die),  S,  CiMiclit,  K.  Cooke,  M.  Cooke,  Cooimt, 
Corwin,  Coulter,  ('raig.  Crane,  C!niwford,  (^'leigh- 
'  .1,  Daniel,  .r.  Davis,  l)e;.rl)orr.  Denny,  Dewurt, 
l)(i(l(lri<l;ie,  D'-;i_\t(.n.  Kli.  vorth,  d.  Kvans,  .J. 
Kvan-i,  I'l.  Kverett.  li  Kverett,  Ford,  (Jiluiore, 
(Jrennell.  Hodp  ,  lleister,  Horn,  lluglie^  lluiit- 
iiiu'lon,  Ihrie,  IngcrHoil.  Irviii,  Isackn.  mifcr, 
Kendall,  ii.  King,  Kerr,  lA-toher. Manii,Marsliall, 
V.  vwell.  Me(;oy,  MeDuflle,  .^IcKeMnaii,  Mencr, 
Miiligan,  Newton,  I'earce.  I'endleton,  I'itcher, 
I'otts,  llandolph.  '  Heed.  Hoot,  Russel,  Semmes, 
W.  n.  Slw'i  nl,  .1.  11.  SheppenI,  Slade,  Smith, 
Southiinl,  SiH'n('(>,  StanlK'rry,  Stephens,  Stewart, 
Storrs  Siitlierland,  Taylor.  P.  Thomas,  Tomp- 
kins. Tracy,  Vanci',  Verplanck,  Vinton,  Washing- 
ton, Walniough  K.  Whittlesey,  F.  Whittlesey, 
F.  D.  White,  VVicklilfe,  Williams,  Yoinig.— lOli, 
Navs. — .Messrs.  Adair.  Alexander,  Anderson, 
Archer,  .1.  Bates,  Beardsley,  Bell,  Bergen,  Be- 
tlnme,  James  HIair,  John  lilair.  liouck,  Bouldin, 
Branch,  (^ambreleng.  Carr,  Chandler,  Cliinn, 
Claiborne,  Clay,  (^'layton,  Coke,  Cornier,  W.  U 


American  |ie'ople.  It  is  due  to  them,  therefore, 
ifllieirgovi'rmnenl  sell  monopolies  and  eNclusivu 
privileges,  that  they  should  at  least  exact  for 
tliemas  much  as  they  are  worth  ino|ii'M  market. 
'I'lie  -  alue  of  tlie  monopoly  in  this  ease  may  he 
<!orr<.  Ily  ascertained.  The  twciity-eiglil  millionH 
of  stock  would  probably  )«•  at  an  advance  of 
fifty  per  cent.,  and  command,  in  market,  at  least 
forty-two  millions  of  dollars,  sidyect  to  th'  pay- 
niefit  of  the  present  loans.  'I'he  present  value 
of  tho  monopoly,  llurefore,  is  ,>-eventei'n  million.s 
of  dollars,  and  this  the  lU-t  propose.^  to  sell  for 
three  millions,  payable  in  fifteen  annual  instal- 
ments of  .^'J(l(»,()()(l  each. 

"  It  is  not  conceivai)le  liow  the  present  stock- 
holdei'S  can  have  any  claim  to  the  special  favov 
of  the  goveinment.  The  present  corporation 
has  enjoyed  its  monopoly  during  the  jieiiod 
stijiidated  in  tho  original  contract.  If  we  nnist 
have  such  a  corporatioi  °hy  should  not  the 
government  sell  out  flu  -lie  lock,  and  thus 
secure  to  the  people  I'k  ."uI  uiket  value  of 
the  privileges  granted  Wl.  loiild  not  C'oii- 
gress  civate  and  sell   Jn    :\\"n;y-.'ight  millions 


Davis,   Dayan,    Doulileday,    Felder,    Fitzgerald,    of  stock,  incorpora»r  .    Mu 


Foster,  Oaither,  (lordon,  (irillln,  T.  II.  IIall,W. 
Hall,  llammons,  Ilariicr.  Ilawes,  Hawkins,  IIofT- 
niun.  Hogan,  Holiand,  Howard,  Hubbard.  Jar  vis, 
Cave  Jolinson.  Kivvunagh,  Kennon,  A.  King,  J. 
King.  Laimir,  licavitt,  I.ecompte,  l.ewis,  l-yon, 
Mardis,  Mason,  McCarty,  Mclntii-e,  McKay, 
Mitchell,  Newnan,  Nuckolls,  I'atton,  Pierson, 
Folk.  K.  C.  Keed,  Kencher,  Roane.  Soule,  Speight, 
Staiidifei-,  F.  Thomas  W.  Thompson,  J.  Thom- 
son, Ward,  Wardwell,  "Wayne,  AVeek.s,  Wheeler, 
0.  P.  White,  AVildc,  Worthington.— 8 4. 


CHAPTER    L XV III. 

THK  VETO. 

Tiir.  act  which  had  passed  the  two  Houses  for 
the  renewal  of  the  bank  charter,  was  presente<l 
to  the  President  on  the  4th  day  of  July,  and 
returned  by  him  to  the  House  in  which  it  ori- 
ginated, on  the  10th,  with  his  objections.  His 
first  objection  was  to  the  exclusive  privileges 
which  it  granted  to  corporators  who  had  already 
enjoyed  them,  the  great  value  of  tliese  privileges, 
and  the  inadequacy  of  tho  sum  to  be  paid  for 
them.     He  said : 

"  Every  monopoly,  and  all  exclusive  privileges, 
are  gr.inted  at  the  expense  of  the  public,  which 
ouglit  to  receive  a  fair  e<piivalent.  The  many 
millions  which  this  act  proposes  to  bestow  on 
the  stockholders  of  the  existing  bank,  nnist  come 
directly  or  indirectly  out  of  the  earnings  of  tho 


iurciia.sers  with  all 
the  powers  and  i»ri\iief!.'  "  eciired  in  this  act, 
and  putting  the  prei.ium  .  iH)n  ihe  sales  into  tliv 
treasury  ? 

"But  this  act  d^  of  ,;ermit  com|»etition  in 
the  purchase  of  this  iiu.iiopc/ly.  It  seems  to  bo 
predicated  on  the  erroneous  idea  that  the  present 
stooklnililers  have  a  prescriptive  right,  not  only 
to  the  favor,  but  to  the  bounty  of  the  govern- 
ment. It  ap|>ears  that  more  than  a  fourth  )iart 
of  the  stock  is  held  by  foivipieis.  and  the  residue 
is  held  by  a  few  hundred  of  our  citizens,  chiefly 
of  the  richest  class.  For  their  lienefit  does  thi.A 
act  exclu'"e  the  whole  American  ])eopjo  from 
coni]>etit'on  in  the  purchase  of  this  monopoly, 
and  dis[ose  of  it  for  many  millions  less  than  it 
is  worth.  This  .seems  the  less  excusable,  becau.se 
some  of  our  citizens,  not  now  stockholders,  jieti- 
tioned  that  the  door  of  competition  might  be 
opened,  and  offered  to  tak(!  a  charter  f.'U  tenn.s 
much  more  favorable  to  the  government  and 
country. 

"  But  this  proposition,  although  made  by  men 

wliose  aggn-gate  wealth  is  Ixjlieved  to  be  equal 

to  all  the  private  stock  in  the  existing  bank,  has 

Ijcen  set  iLside.  and  the  bounty  of  (jur  govern- 

:  ment  is  proposed  to  be  again  bestowd  on  the 

!  few  who  have  been   fortunate  eno-.^h  to  secure 

the  stock,  and  at  this  moment  Meld  the  power 

i  o*"  tlic  existing  insti'-.ilion.     I  cannot  [lerceive 

I  the  justice  or  jiolicy  of  this  course.     If  our  gov- 

!  ernment  Must  sell  monojiolies,  it  would  seem 

to  be  its   juty  to  take  nothing  less  than  their 

full  value  ;  and  if  gratuities  nuist  be  made  once 

in   fifteen   or  twenty   years,  let   them  not  be 

bestowed  on  the  subjects  of  a  foreign  govern- 

,  ment,  nor  upon  a  designate*!  or  fav(,red  cla.ss  of 

I  men  in  our  own  country.     It  is  but  justice  aiul 

I  good  policy,  as  far  as  the  nature  of  the  case  will 

'  admit,  to  confine  our  favors  to  our  own  I'ellow- 

I  citizens,  and  let  each  in  his  turn  enjoy«au  uppor 


252 


THIRTY  YEARS'  VIEW. 


li'  -k  r- 


i    '^tii. 


tiinity  to  profit  by  our  bounty.  In  the  bearings 
of  tbe  net  U'forc  nio  upon  these  points,  I  find 
ample  reiiKoiiH  why  it  should  not  become  a  law." 

The  President  objecte<l  to  the  constitutionality 
of  the  bank,  and  argued  URainst  the  force  of  pre- 
cedents in  this  case,  and  ugainst  the  applicabil- 
ity and  the  decision  of  the  Supreme  Court  in  its 
faror.  That  decision  was  in  the  case  of  the 
Maryland  branch,  and  sustained  it  upon  an  argu- 
ment which  carries  error,. in  point  of  fact,  upon 
its  face.  The  ground  of  the  decision  was,  that 
tlKJ  bunk  was  '•  necessary  "  to  the  successful  con- 
ducting of  the  "  fiscal  operations  "  of  the  govern- 
ment;  and  that  Congress  was  the  judge  of  that 
necessity.  Upon  this  ground  the  iSIarylund 
branch,  and  every  branch  except  the  one  in  the 
District  of  Columbia,  was  without  the  constitu- 
tional warrant  which  the  court  required.  Con- 
gress had  given  no  judgment  in  favor  of  its 
necessity — bu^  the  contrary  —  a  judgment 
against  it:  for  after  providing  for  the  mother 
bank  at  I'hilndelphia,  and  one  branch  at  Wash- 
ington City,  the  establishment  of  all  other 
branches  was  referred  to  the  judgment  of  the 
bank  itself,  or  to  circumstances  over  which  Con- 
jtress  had  no  control,  as  the  request  of  a  State 
lei:;islature  founded  upon  a  subscription  of  2000 
Ehiiies  witliin  the  State — with  a  dispensation  in 
favor  of  substituting  local  banks  in  places  where 
the  Secretary  of  the  Treasury,  and  the  directors 
of  the  national  bank  should  agnc.  All  this  was 
contained  in  the  fourteenth  fundanu'ntal  article 
of  the  constitution  of  the  corporation — which 
says : 

'•The  directors  of  said  corporation  shall  es- 
tablish a  ooinpotent  office  of  discount  and  deposit 
in  the  District  of  Columbia,  whenever  any  law  of  j 
the  United  States  shall  require  such  an  establish-  I 
moiit :  also  one  such  ottice  of  discount  and  de-  I 
posit  in  any  State  in  which  two  thousand  shares 
ehall  have  been  subscribed  or  may  be  held,  when- : 
over,  upon  api)lication  of  the  legislature  of  such  l 
State,  Congress  may,  b)'  law,  require  the  same : 
Priiriilod.  the  directors  aforesaid  shall  not  be 
boimd  to  establisli  suchofflee  before  the  whole  of 
the  capital  of  the  bank  shall  be  paid  up.     And  it 
shall  b.(  lawful  for  the  directors  of  the  corpora- 
tion to  establish  offices  of  discount  and  deposit 
where  they  think  lit,  within  the  United  States 
or  the    territories  thereof,  and  to  conunit  the 
mnnnfjement  of  the  said,  and  the  business  thereof, 
respectively  to  such  persons,  and  under  such  re- 
gulations, as  they  shall  deem  proper,  not  being 
contrary  to  the  laws  or  the  constitution  of  the 
bank.     Or,  instiad  of  establishing  such  offices, 
\t  shall  be  lawful  (or  tho  directors  of  the  said 


corporation,  from  time  to  time,  to  enqtloy  any 
other  bunk  or  banks,  to  be  first  api)ruved  by  tho 
Secn-tary  of  the  Treasury,  at  any  place  or  places 
that  they  may  deem  safe  and  propiT,  to  numage 
and  tninsaet  the  busine>B  proposed  aforesaid, 
other  than  for  the  purpo.ses  of  discount",  to  be 
managed  and  transacted  by  such  ollices,  inider 
such  agreements,  and  subject  to  such  regulutiouH 
as  they  shall  deem  just  and  proper." 

These  are  the  words  of  the  fourteenth  funda- 
mental article  of  the  constiluti<m  of  the  bank,  and 
the  conduct  of  the  cor|K)ration  in  establishing  its 
branches  was  in  accordance  with  this  article. 
They  placed  them  where  they  pleased — at  first, 
governed  wholly  by  the  question  of  profit  and 
loss  to  itself — afterwards,  and  when  it  was  scew 
that  the  renewed  charter  was  to  be  resisted  l)y 
the  members  from  some  States,  governed  by  tho 
political  consideration  of  creating  an  interest  to 
defeat  the  election,  or  control  the  action  of  tho 
dissenting  members.  Thus  it  was  in  my  own 
case.  A  branch  in  St.  Louis  was  refused  to  tiio 
application  of  the  business  community — establish- 
ed afterwards  to  govern  mc.  And  thus,  it  is  seen 
the  Supreme  Court  was  in  error — timt  the  judg- 
ment of  Congress  in  favor  of  the  "necessity  "  of 
branches  only  extended  to  one  in  the  District  of 
Columbia;  and  as  for  the  bank  itself,  the  urgumenc 
in  its  favor  and  upon  which  the  Supreme  Court 
made  its  decision,  was  an  argument  which  made 
the  constitutionality  of  a  measure  dependent,  not 
upon  the  words  of  the  constitution,  but  upon 
the  opinion  of  Congress  for  the  time  Ixjing  upon 
the  question  of  the  "  necessity  "  of  a  particular 
measure — a  question  subject  to  receive  different 
decisions  from  Congress  at  dillereut  times  — 
which  actually  received  different  decisions  in 
1791,  1811,  and  LSU):  and,  wo  may  now  add 
the  decision  of  exjterience  since  ISIJC — during 
which  tenn  we  have  had  no  national  bank ; 
and  the  fiscal  business  of  the  government,  as 
well  as  the  commercial  and  trading  business  of 
the  country,  has  been  carried  on  with  a  degree  of 
success  never  ecjualled  in  the  time  of  tho  exist- 
ence of  the  national  bank,  I,  therefore,  Iwlievo 
that  the  President  was  well  warranted  in  chal- 
lenging both  the  validity  of  the  decision  of  tho 
Supreme  Court,  and  the  obligatory  force  of  piu- 
cedents :  which  he  did,  as  follows : 

"It  is  maintained  l>y  the  advocates  of  the 
bank,  that  its  constitutionality,  in  all  its  fea- 
tures, ought  to  be  considered  as  settled  by  pre- 
cedent, and  by  the  decision  of  the  Supreni* 


ANNO  1881    ANDREW  JACKSON,  PRF-SIDENT. 


253 


:iiup,  to  oniploy  any 
tirft  iipprovcil  by  tho 
.1  any  |)!i»CL'  or  pliiccs 
il  iiioiKT.  to  iiittimp;e 

jji-ojuihcil  aroii'Hiiid, 
s  of  (lisoouiit ;  to  \>e 
y  such  ollU'fS,  iimUr 
t  to  such  rcKulutioiw 

proper." 

he  fourteenth  funda- 
ition  of  the  hank,  and 
ion  in  e.stahUsliiiin  its 
CO  with  this  article. 
•\vy  pleasid — at  tlrst, 
[uctition  of  i)rt)fit  and 
ind  when  it  was  Bie» 
was  to  be  resisted  by 
atcH,  governed  by  the 
reating  an  interest  to 
trol  the  action  of  the 
3  it  was  in  my  own 
lis  was  refused  to  mo 
ommunity — islublish- 
B.     And  thus,  it  is  seen 
error— that  tliejudj;- 
of  the  "necessity"  of 
one  in  the  District  of 
ink  itself,  the  argument 
■h  the  Supreme  Court 
rgumcnt  whicli  made 
[leasure  dependent,  not 
lonstitution,  but  upon 
r  tlie  time  Ijcing  upon 
ssity  "  of  a  particuhir 
i>ct  to  receive  dilfereut 
at   diflereut  times— 
Idiffercnt  decisions  in 
id,  we  may  now  add 
[e  since  18;}C— during 
id  no  national  bank; 
if  the  government,  as 
|id  trading  business  of 
led  on  with  a  degree  of 
Ithc  time  of  the  cxist- 
I,  therefore,  Iwlievo 
11  warranted  in  chal- 
of  the  decision  of  the 
ibligatory  force  of  inc- 
foUows : 

J  the  advocates  of  tlie 
l.nality,  in  all  its  fwi- 
Ired  as  settled  by  piu- 
Liou  of  the  Suprem* 


« 


Court.  To  thi«  conclusion  I  cannot  assent. 
More  precedence  is  a  dangerous  source  of  au- 
thority, and  should  not  Ik-  regarded  as  deciding 
questions  of  constitutional  jiower,  except  whei-e 
Uie  accjuiescence  of  the  jK!ople  and  the  States 
can  be  considered  as  well  settled.  So  far  from 
tills  iK'ing  the  case  on  this  subject,  an  argument 
ajrainst  the  bank  might  b«  based  on  precedent. 
One  Congress,  in  17'.>1,  decideil  in  favor  of  a 
blink  ;  another,  in  1811j  decided  against  it.  One 
Ci)iigres8.  in  IS  IT),  decided  against  a  bank  ;  an- 
other, in  I81(i,  decided  in  its  favor.  Prior  to 
tlie  i>resent  Congress"  therefoiv,  the  precedents 
(liMwn  from  that  source  were  equal.  If  we  rc- 
.-.(iit  to  the  States,  the  expressions  of  legislative, 
jiplicial,  and  executive  opinions  againSv  the  Imnk 
liive  been,  probably,  to  those  in  its  favor, as  four 
tn  one.  There  is  nothing  in  pix'cedent,  there- 
lure,  which,  if  its  authority  were  admitted,  ought 
ti)  weigh  in  favor  of  the  act  liefore  mc. 

"  If  the  opinion  of  the  Supreme  Court  covered 
tlie  whole  ground  of  this  act,  it  ought  not  to 
control  the  co-ordinate  authorities  of  this  gov- 
ernment. The  Congress,  the  Executive,  and  the 
CDurt,  nuist  each  for  itself  be  guided  by  its  own 
opinion  of  the  constitution.  Each  public  officer 
wiio  takes  an  oath  to  support  the  constitution, 
swears  that  he  will  support  it  as  ho  imdcrstands 
it  and  not  as  it  is  understood  by  others.  It  is 
X  nuich  the  iluty  of  the  House  of  lleprcscnta- 
tivis,  of  the  Senate,  and  of  the  President,  to 
(liHile  upon  the  constitutionality  of  any  bill  or 
risoliitiou  which  may  be  presented  to  them  for 
jiM-i-agc  or  approval,  as  it  is  of  the  supreme 
ju'lizes,  when  it  may  be  brought  before  them 
fir  judicial  decision.  The  opinioji  of  the  judges 
\\;\<  no  more  authority  over  Congress  than  the 
oiiinitMi  of  Congress  has  over  the  judges;  and 
on  that  point  the  President  is  independent  of 
botii.  The  authority  of  the  Supreme  Court  must 
not,  therefore,  be  i)erir.itted  to  control  the  Con- 
gress, or  the  Executive,  when  acting  in  their 
legislative  capacities,  but  to  have  only  such  in- 
tliience  as  the  force  of  their  reasoning  may  de- 
serve. 

'•  Tint  in  the  case  relied  upon,  the  Supreme 
Colli  I,  have  not  decided  that  all  the  features  of 
this  corporation  are  compatible  with  the  consti- 
tution. It  is  true  that  the  court  have  said  that 
t'l"  law  incorporating  the  bank  is  a  constitution- 
:i I  exercise  of  power  by  Congress.  But  taking 
into  view  the  whole  opinion  of  the  court,  and 
till!  reasoning  by  which  they  have  come  to  that 
CMiuliision,  I  tmdcrstand  them  to  haVe  decided 
th:U,  iiiasnnich  as  a  bank  is  an  appropriate 
in.niis  for  carrying  into  ellect  the  enumerated 
|i  iwirs  of  the  general  governnipnt,  therefore  the 
!i.v  incorporating  it  is  in  accordance  with  that 
provision  of  the  constitution  which  declares  that 
I'diitress  shall  h.ave  power 'to  make  all  laws 
u  hieh  shall  be  necessary  and  proper  for  carrying 
tiii>>i'  powers  into  execution.'  Having  satisfied 
tiicniselves  that  the  word  'necessary,'  in  the 
constitution,  means  '  needful.'  '  requisite,' '  essen- 
tial,' 'conducive  to,'  and  that  'a  bank'  is  a  con- 


venient, a  useful,  and  essential  instrument  in  tho 
prosecution  of  the  government's  '  fiscal  ojHTa- 
tions,' they  conclude  that  to  '  use  one  must  bo 
within  the  discretion  of  Congress;'  and  that 
'the  act  to  incor|)orate  the  liaiik  of  the  I'liited 
States,  is  a  law  made  in  pursuance  of  thi'  con>ti- 
tution.'  '  But,'  say  they,  '  where  the  law  is  not 
prohibited,  a.id  is  really  calculated  to  effect  any 
of  the  objects  intrusted  to  the  government,  to 
undertake  here  to  inquire  into  the  degree  of  its 
necessity,  would  lie  to  pass  the  line  which  cir- 
cinnscriljes  the  judicial  department,  and  to  tread 
on  legislative  groiuul.' 

"  The  principle,  here  afllrmcd.  is,  that  tho  '  de- 
gree of  its  necessity,'  involving  all  the  details  of  a 
banking  institution,  is  a  cpiestiou  exclusively  fir 
legislative  considenition.  A  bank  is  constitu- 
tional ;  but  it  is  the  province  of  tho  legislature 
to  determine  whether  this  or  that  particular 
power,  privilege,  or  exemption,  is  '  necessary  and 
ju-oper'  to  enable  the  bank  to  discharge  its  du- 
ties to  the  government ;  and  from  their  decision 
there  is  no  appeal  to  the  courts  of  justice.  Un- 
der the  decision  of  the  Supreme  Court,  therefore, 
it  is  the  exclusive  pr';,ince  of  Congivss  aiul 
the  President  to  decide  whether  the  particuhir 
features  of  this  act  are  'necessary  and  jn-oper.' 
in  order  to  enable  the  bank  to  perform,  conveni- 
ently and  efficiently,  tho  public  duties  as.si.L:ned 
to  it  as  a  flscal  agent,  and  therefore  constitution- 
al ;  or  unnecessary  and  improiier,  and  therefore 
unconstitutional." 

With  regard  to  the  misconduct  of  tho  institu- 
tion, both  in  conducting  its  business  and  in  re- 
sisting investigation,  the  message  spoke  the  gen- 
eral sentiment  of  the  disinterested  country  when 
it  said : 

"  Suspicions  are  entertained,  and  charges  are 
made,  of  gross  abu.ses  and  violations  of  its  charter. 
An  investigation  unwillingly  conceded,  and  bo 
restricted  in  time  as  necessarily  to  make  it  in- 
complete and  unsatisfactory,  discloses  enough  to 
excite  suspicion  and  alarm.  In  the  practices  of 
the  principal  bank,  partially  unveiled  in  the  ab- 
sence of  important  witnesses,  and  in  numerous 
charges  contidently  nuide,  and  as  yet  wholly 
iminvestigated,  there  was  enough  to  induce  a 
majority  of  the  committee  of  investigation,  a 
committee  which  was  sek-cted  from  the  most 
able  and  honorable  members  of  the  House  of 
Representatives,  to  recommend  a  suspension  of 
further  action  upon  the  bill,  and  a  prosecution 
of  tho  inquiry.  As  the  charter  had  yet  four 
years  to  run,  and  as  a  renewal  now  was  not  ne- 
cessary to  the  successful  piiwecution  of  its  busi- 
ness, it  was  to  have  been  expected  that  the  bank 
itself,  conscious  of  its  purity,  and  proud  of  its 
!  character,  would  have  withdrawn  its  application 
for  the  present,  and  demanded  the  severest  scru- 
tiny into  all  its  transactions.  In  their  declining 
!  to  do  so,  there  seems  to  1>e  an  additional  reason 
,  why  tiie  functionaries  of  tho  government  should 


254 


THIRTY  YEARS'  VIEW 


pnicpfd  with  Iotn  liasto,  and  more  caution,  In 
the  ri'iiuwitl  of  their  jnonojM)ly." 

Th«  np|K'iiranct'  «)f  tlio  veto  nK>Hsa);c  was  tliu 
|ii>;iiai  for  tlic  delivery  of  the  ^ruat  h|(«  eches  of 
thu  a(iv>)cateH  of  th»  bank.  Thus  far  they  had 
held  haelt,  refrainiii^^  from  peneral  debate,  ami 
liniitiiifi;  theniHelveH  to  brief  answers  to  current 
objections.  Now  they  came  forth  in  all  their 
Htrenglli,  in  s|)cechcs  elaborate  and  studied,  and 
covering;  the  whole  groimrl  of  constitutionality 
and  expediency;  and  delivered  with  imusnal 
wiirnilh  and  vehemence.  Mr.  Webster,  Air. 
Clay,  Mr.  Clayton  of  Delaware,  and  Mr.  Ewini; 
of  Ohio,  thus  entered  the  lists  for  the  bank. 
And  why  these  s|H'eches,  at  thia  time,  wlien  i; 
was  certain  that  s|R>aking  would  have  no  ell'ect 
in  overcoming  the  veto — that  the  constitutional 
majority  of  two  thirds  of  each  House  to  carry  it, 
so  far  frt)m  being  attainable,  would  but  little 
exceed  a  bare  majority  ?  The  reason  was  told 
by  the  s|)eakcr.s  themselves — fully  told,  as  an 
appeal  to  the  people — as  a  transfer  of  the  <jues- 
tion  to  the  political  arena — to  the  election  fields, 
and  cs|K'cially  to  the  pn>sidential  election,  then 
impendin};,  and  within  four  months  of  its  con- 
summation—and  a  refusal  on  the  part  of  the 
corporation  to  submit  to  the  decision  of  the  con- 
stituted authorities.  This  was  plainly  told  by 
Mr.  Webster  in  the  o|)ening  of  his  argument; 
friprhtful  distress  was  predicted:  and  the  change 
of  the  chief  magistrate  was  presented  as  the 
only  means  of  averting  an  immense  calamity  on 
one  hand,  or  of  securing  an  immense  bcncKt  on 
the  other.     He  said : 

"  It  is  now  certaii^  tliat,  without  a  change  in 
our  public  councils,  this  bank  will  not  be  con- 
tiiuicd,  nor  will  any  other  be  established,  which, 
according  to  the  general  sense  and  language  ol 
munkind,  can  be  entitled  to  the  name.  In  three 
years  and  nine  months  from  the  present  mo- 
ment, the  charter  of  the  bank  expires;  within 
that  period,  therefore,  it  nuist  wind  up  its  con- 
cerns. It  must  call  in  its  debts,  withdraw  its 
bills  from  circulation,  and  cease  from  all  its  or- 
dinary operations.  AH  this  is  to  be  done  in 
three  years  sind  nine  months  ;  because,  although 
there  is  a  provision  in  the  charter  ren<lering  it 
lawful  to  >ise  the  corporate  name  for  two  years 
after  the  expiration  of  the  charter,  yet  this  is 
allowed  only  for  the  purpose  of  suits,  and  for 
the  sale  of  the  estate  belonging  to  the  bank,  and 
for  no  other  purpose  whatever.  The  whole  ac- 
tive business  of  the  bank,  its  custody  of  pub- 
lic dejwsits,  its  transfers  of  public  moneys,  its 
dealing  in  excliangc,  all  its  loans  and  discounts, 
and  all  its  issues  of  bills  for  circulation,  must 


cease  and  detennlno  on  or  beft)re  the  3d  «lay  of 
.March,  iHM't;  and,  within  the  name  iHrind,  Its 
debts  must  be  collected,  as  no  new  contract  can 
be  made  with  it,  as  a  corporation,  for  the  re> 
newal  of  loans,  or  discount  of  notes  or  bills, 
after  that  time." 

Mr.  Senator  White  of  Tennessee,  seiRing  upon 
thia  open  entrance  into  the  i)olitical  arena  by 
the  bank,  thanked  Mr.  Webster  for  his  candor, 
ami  Rummonetl  the  i)cople  to  the  coni)>at  of  the 
great  moneye<I  power,  now  openly  at  the  hea<l 
of  tt  great  political  jMirty,  and  carrying  the  for- 
tunes of  that  party  in  the  question  of  its  own 
continued  existence.     He  said  : 

"  I  thank  the  senator  for  the  candid  avowal, 
that  unless  the  President  will  sign  such  a  char- 
ter as  will  suit  the  directors,  they  intend  to  in- 
terfere in  the  elcctiim,  awl  endeavor  to  displace 
him.  With  the  same  candor  I  state  that,  after 
this  declaration,  this  charter  shall  never  be  re- 
neweil  with  my  consent. 

'^  Ix't  us  look  at  this  nuitter  as  it  is.  Immedi 
utely  before  the  election,  the  directors  apply  for 
a  charter,  which  they  think  the  President  at 
any  other  time  will  not  sign,  for  the  express 
purpose  of  compelling  him  to  sign  cutrary  to 
ins  judgment,  or  of  encountering  all  their  hos- 
tility in  the  canvass,  and  at  the  polls.  Sup]M)Si> 
this  attempt  to  have  succeeded,  and  the  Pivsiilent, 
through  fear  of  his  election,  had  signed  this  char- 
ter, although  he  conscientiously  believes  it  will 
l)e  destructive  of  the  liberty  at  the  people  who 
have  elected  him  to  preside  over  them,  and  pre- 
serve their  liberties,  so  far  as  in  his  power. 
What  next?  Why,  whenever  the  climter  is 
likely  to  expire  hereafter,  they  will  come,  as 
they  do  noWj  on  the  eve  of  the  election,  and 
comiwl  the  chief  magistrate  to  sign  sucli  a  charter 
as  they  may  dictate,  on  pain  of  being  turned  out 
and  disgraced.  Would  it  not  Iks  fur  better  to 
gratify  thi '  moneyed  aristocracy.  t<>  the  whole 
extent  at  once,  and  renew  their  charter  forever  ? 
The  temptation  to  a  periodical  interference  in 
our  elections  would  then  be  Uiken  away. 

•'Sir,  if,  under  these  ciriunstances.  thechirtcr 
is  renewed,  the  elective  franchise  is  destroyed,  and 
the  liberties  and  prosiwrity  of  the  |)eopIe  are 
delivered  over  to  this  moneyed  institution,  to  be 
disposed  of  at  their  discretion.  Against  this  I 
enter  my  solemn  protest" 

The  distress  to  be  brought  upon  the  country 
by  the  sudden  winding  up  of  the  bank,  the  sud- 
den calling  in  of  all  its  debts,  the  sudden  with- 
drawal of  all  its  capital,  was  pathetically  dwelt 
upon  by  all  tho  speakers,  and  the  alarming  pic- 
ture thus  presented  by  Mr.  Clayton: 

"I  ask,  what  is  to  be  done  for  the  country'? 
All  thinking  men  must  now  admit  that,  as  the 
present  bank  must  close  its  concerns  in  less  than 


ANNO  1832.     ANDRKW  JACKSON,  riUMKKNi: 


255 


roro  the  3il  «lay  of 
(  uaino  jHTiod,  It* 
new  (•(intrort  cnn 
ration,  for  the  if- 
of  iiotcH  or  bills, 


Bunco,  icieinR  upon 
political  nifim  liy 
tcr  for  lii«  cnntlor, 
the  roinlmt  of  tlio 
pt'iily  lit  till'  lu'ii'l 

I  carry  inp;  tlio  for- 
iicHtion  of  itH  own 
(I: 

the  candid  avowal, 

II  Hign  such  a  char- 
,  they  intend  to  in- 
ideavor  to  displace 
•  1  Ktiite  that,  after 

Hhall  never  be  re- 

r  as  it  is.     Ininiedi 
(lirectors  apply  for 
I  the  l're.-*ident  at 
rn,  for  the  express 
to  sifTU  t..iitiT.ry  to 
■riiiK  all  their  hos- 
tile pt)lls.     SupiK)se 
|l,aiidthePivsideiit, 
ad  8ipne<l  this  char- 
V  Wlicves  it  will 
'  the  people  who 
)ver  them,  and  pre- 
as  in  his  i>ower. 
cr   the  chill  ter  is 
liiy  will  come,  as 
the  election,  and 
sijin  such  a  charter 
if  beinc  turned  out 
1x3  fiir  better  to 
iicy,  to  the  whole 
ir  charter  forever? 
ical  interference  in 
uken  away, 
tanees,  theehxrtcr 
se  is  destroyed,  and 
of  the  people  arc 
(I  institution,  to  be 
Against  this  I 

upon  the  country 
the  bank,  the  sud- 
.  the  sudden  with- 
pathetically  dwelt 
the  alarming  pic- 
J  lay  ton: 

ft>r  the  country  1 
ladmit  that,  as  the 
Incerns  in  less  than 


four  yenm,  the  pecuniary  distn-ss,  the  conimer- 
rinl  embarroMKinentM.  con^'fiuent  upon  its  de- 
utruction,  must  exceed  any  tninn  which  Iibh  ever 
U-en  known  in  our  history,  uuIchh  some  other 
bank  can  tie  entublished  to  relieve  uh.  Ki^ht 
and  a  half  niillionH  of  the  bank  capital,  belong- 
ing to  foreigners,  must  lie  lirawn  from  us  to 
Kiirope.    Seven  millionN  of  the  capital  nmst  lie 

Iiaid  to  the  governmunt,  not  to  lie  loaned  apiin, 
)iit  to  remain,  as  the  President  proposes,  de- 
posited ill  a  branch  of  the  treasury,  to  check  the 
iHsiies  of  the  Im-al  lianks.  The  immense  avail- 
able resourses  of  the  present  institution,  amount- 
ing, as  ap|iears  by  the  report  in  the  other  House, 
to  !8;82,()57,4H,'{,  arc  to  lie  used  for  banking  no 
longer,  and  nearly  fifty  millions  of  dollars  in 
notes  discounted,  on  {lursonal  and  other  security, 
must  bo  \mA  to  the  bank.  The  Statu  banks 
must  pay  over  all  their  debts  tu  the  expiring  in- 
stitution, and  curtail  their  discounts  to  do  so, 
or  resort,  for  the  relief  of  their  debtors,  to  the 
old  plan  of  emitting  more  paper,  to  be  bought 
up  by  epeculators  at  a  heavy  aiscount." 

This  was  an  alarming  picture  to  present,  and 
especially  as  the  corporation  hud  it  in  itH  power 
to  create  the  distress  which  it  foretold — a  con- 
Kiimmation  frightfully  realized  three  years  later 
— but  a  picture  equally  unjustitlablc  and  gratu- 
itoiLS.  Two  years  was  the  extent  of  the  time, 
after  the  expiration  of  its  charter,  that  the  cor- 
poration had  accepted  in  its  charter  for  winding 
up  it^  business ;  and  there  were  now  four  years 
to  run  before  these  two  years  would  nommenne. 
Tlie  section  21,  of  the  charter,  provided  for  the 
contingency  thus : 

'•  And  notwithstanding  the  expiration  of  the 
term  for  which  the  said  corporation  is  created, 
it  shall  be  lawful  to  use  the  coporate  name,  style 
mid  capacity,  for  the  purpose  of  «uitfl  for  the 
final  settlement  and  liquidation  of  the  affairs 
and  accounts  of  the  corporation,  and  for  the  sale 
niid  disposition  of  their  estate  real,  personal  and 
mixed :  but  not  for  any  other  purpose,  or  in  any 
(itlier  manner  whatever,  nor  for  a  period  exceeding 
two  years  after  the  expiration  of  said  term  of 
incorporation." 

Besides  the  two  year.,  given  to  the  institution 
after  the  expiration  of  its  f  barter,  it  was  perfect- 
ly well  known,  and  has  Kiiice  been  done  in  its 
own  case,  and  was  done  by  the  first  national 
bank,  and  may  be  by  any  expiring  corporation, 
that  the  directors  may  appoint  trustees  to  wind 
lip  their  concerns ;  and  who  will  not  lie  subject 
to  any  limited  time.  The  first  national  bank — 
that  which  wa.s  created  in  1791,  and  expired  in 
IS  11 — had  no  two  years,  or  any  time  whatever, 
allowed  for  winding  up  its  affairs  after  the  expira- 


tion of  its  elmrter— I  ml  the  qu(sti<m  of  the  re- 
newal was  not  decitled  until  within  the  lust  days 
of  the  existence  of  ilx  charter — y«'t  there 
was  no  distress,  and  ni  pressiin  \i\nm  its  debt- 
ors. A  tnist  was  -jreated  5  and  the  collection 
of  debts  conducte.l  mi  gently  that  it  is  not  yet 
finished.  The  trustees  an;  still  at  work :  and 
within  this  year,  and  while  this  application  for  a 
reviewed  charter  to  thu  second  bunk  is  going  on, 
they  announce  a  dividend  of  some  cents  on  the 
share  out  of  the  last  annual  collections ;  and  in- 
timate no  time  within  which  they  will  finish ; 
so  that  this  menace  of  distn-ss  fn>m  the  second 
bank,  if  denied  a  renewal  four  years  before  the 
cxpiratiim  of  its  charter,  and  four  years  U-foru 
the  commencement  of  the  two  years  to  which  it  is 
entitled,  was  entirely  gratuitous,  and  would  have 
lieen  wicked  if  executed. 

Mr.  Clay  c<ineliided  the  debate  on  the  side  of 
the  bank  application,  and  spoke  with  great  ar- 
dor and  vehemence,  and  with  much  latitude  of 
style  and  topic — though  as  a  rival  candidate  for 
the  Presidency,  it  was  considered  by  some,  that  a 
greater  degree  of  reserve  might  have  lieen  com- 
mendable. The  veto,  ond  its  imputed  undue 
exercise,  was  the  theme  of  his  vehement  decla- 
mation. Besides  discnditing  its  use,  and  de- 
nouncing i>  ^  of  moiiarchial  origin,  he  alluded  to 
the  popular  outum  brought  upon  Louis  the  Kith 
by  its  exercise,  and  the  nieknanie  whii^b  it  caused 
to  be  fastened  upon  him.     He  suid : 

"The  veto  i.s  hardly  reconcilable  with  the 
genius  of  representative  government.  It  is  to- 
tally iriecoucilable  with  it,  if  it  is  to  be  fre- 
quently employed  in  respect  to  the  exju'diency 
of  measures,  as  well  as  their  constitutionality. 
It  is  a  feature  of  our  government  borrowed  from 
a  prerogative  of  the  Hritish  King.  And  it  is  re- 
markable that  in  Kngland  it  has  grown  obsolete, 
not  having  lieen  used  for  upwards  of  a  century. 
At  the  commencement  of  the  Kivneh  Uevolution, 
in  discussing  the  principles  of  their  constitution, 
in  the  national  convention,  the  veto  held  a  con- 
spicuous figure.  The  gay,  laughing  population 
of  Paris  bestovvc<l  on  the  king  the  appellation  of 
Afonsieur  Veto,  and  on  the  Queen  that  of  Malaiae 
Veto." 

Mr.  Benton  saw  the  advantage  vvliich  this  de- 
nunciation and  allusion  prcscnte.l,  ;uid  made  re- 
lentless use  of  it.  He  first  visilii.ited  the  use 
and  origin  of  the  veto,  as  derived  fcom  the  in  ti- 
lution  of  the  tribunes  of  the  pt -pie  anions  the 
Romans,  and  its  exercise  always  inton<led  for  (ho 
benefit  of  the  people ;  and,  under  our  constilu- 


25G 


TIHIITY  YEARS'  VIEW. 


•ii'i^^' 


tioM,  its  only  cHcct  to  refer  n  iiieamiro  to  the 
people,  for  their  consiilenition,  ami  to  Htiiy  its 
cxeoiitioii  until  the  (h  opie  could  pnsK  uiM>n  it,  nnd 
to  n(h>j)t  or  nject  it  at  an  ensuing  Congress.  It 
was  a.  power  eniii  cntly  ju.st  ami  proper  in  a  re- 
presentative goreriunent,  and  inteitde<l  for  the 
benefit  of  tlic  whole  |)eople;  and,  therefore, 
plaecd  in  the  h.ind8  of  the  magistnite  elected  by 
the  whole.  On  the  allusion  to  the  nickname  on 
the  Kin{;  and  Queen  of  France,  he  said : 

'•  He  not  only  recollected  the  historical  inci- 
dent to  which  the  senator  fruin  Kentucky  had 
alliulcd.  but  also  the  character  of  th»!  decrees  to 
which  til"  I'lif  >rtunate  LouIh  the  Kith  had  aflixed 
liis  vetiHs.  One  was  the  decree  ajrainst  the  emi- 
grants, ilodinin^  to  death  and  confiscation  of 
olate  eviiv  ;.-.:>u,  woman,  and  child  who  shoidd 
attcuijif  to  save  their  lives  by  llyinj;  from  the 
pike,  file  fruiIlotiue,.''.nd  the  l.imp-post.  The  other 
was  a  (Ii'iM-ce  exposiuj;  to  death  the  JuinisterR  of 
rel);.'ion  who  could  not  take  an  oath  which  their 
consciences  repulsed.  To  save  totteriiip  ape, 
trembling  mothers,  and  all'righted  cJiildren  from 
II'  ssacre — ti>  save  the  temples  and  altars  of  (io<l 
from  bi'ing  stained  by  the  bl<M)d  of  his  minis- 
ters— were  the  Hacred  objects  of  those  vetoes ; 
and  was  there  any  thing  to  justify  a  light  or  re- 
proachful allusion  to  them  in  the  American 
Senate  ?  'I'lie  King  put  his  constitutional  vetoes 
to  these  decrees  ;  and  the  niniii/li'  of  Saint  An- 
I  'iiie  ami  Mareeau — not  the  gay  and  laughing 
!  aii-ians,  but  the  l)loody  riiiiiiiljp:  instigatecl 
by  leaders  more  ferocious  than  tliiinst-lves — be- 
gan to  salute  the  King  as  Monsieur  Veto,  and 
deinanil  bis  head  for  the  guillotine.  And  the 
(^>ueen.  w"ie,'.  seen  at  the  windows  of  hir  jirison, 
her  locks  paie  with  premature  white,  the  effect 
of  an  iigoniKed  mind  at  tiie  ruin  she  witnessed, 
the  i)(iisn(in/c»  saluted  her  also  as  Madam(^ 
Vet'i;  and  tiie  Panphin  came  in  for  the  epithet 
of  the  Little  Veto.  All  this  was  terrible  in 
France,  and  in  the  disorders  of  a  revolution;  but 
why  revive  their  remenii)rance  in  this  Congress, 
successor  to  those  which  were  accustomed  to 
call  this  king  our  gi-eat  ally  ?  and  to  compliment 
him  on  the  birth  of  that  child, stigmatized  Iv  petit 
Vfti),  and  iK'rishing  prematurely  under  the  inhu- 
numilies  of  the  convention  inflicted  by  the  hanii 
of  Simon,  the  jailer  ?  The  two  elder  vetoes. 
Monsieur  and  Madame,  came  to  the  guillotine  in 
Paris,  and  the  young  one  to  a  death,  compared 
to  which  the  guillotine  was  mercy.  And  now, 
why  this  allusion  1  what  aii|)!ication  of  its  moral  i 
Surely  it  is  not  iK)intl(ss ;  not  devoid  of  meaning 
and  practical  application.  AVe  have  im  blootly 
guillotines  here,  but  we  have  political  ones: 
sharp  a.xes  falling  from  high,  and  cutting  off 
political  heads !  Is  the  service  of  that  a.\e  ii\- 
voked  here  U|)on  '  (ien<  ral  Amlrew  Veto?'  If 
so,  and  the  invm-ation  shoidd  be  stircessful,  then 
Andrew  JacLson,  like  Ijouis  Kith,  will  a'asc  to 
bo  iu  any  body's  way  in  their  iimrL-li  to  jiower." 


I^Ir.  Clay  al^o  introduced  a  fable,  not  taken 
from  A^.sof — that  of  the  cat  and  the  caglt — the 
moral  of  which  was  attempted  to  be  turned 
against  him.  It  was  in  allusion  to  the  Pn'si- 
dent's  message  in  relation  to  the  bank,  and  the 
conduct  of  his  friends  since  in  ''attacking"  the 
institution;  and  said : 

"  They  have  done  so ;  and  their  condiiion  now 
reminds  me  of  the  fable  invented  by  Dr.  Frank- 
lin, of  the  Kagle  and  the  Cat,  to  demonstrato 
that  /Ksop  had  not  exhausted  invention,  in  the 
construction  of  his  memorable  fables.  The  ea- 
gle, you  know,  Mr.  President,  pounced,  from  his 
lofty  ilight  in  the  air,  upon  a  cat,  taking  it  to 
be  a  pig.  Having  borne  off  his  prize,  he  (piick- 
ly  felt  most  painfully  the  claws  of  the  eat  thnist 
deeply  into  his  sides  and  body.  Whilst  flying, 
he  held  a  jmrley  with  the  supposed  pig,  and 
proposed  to  let  go  his  hold,  if  the  other  would 
let  him  alone.  No,  says  puss,  you  brought  mo 
from  yonder  earth  below,  and  I  will  'nld  fast 
to  you  until  you  carry  me  back  ;  a  condiiion  to 
which  the  eagle  readily  as.sented." 

Mr.  Benton  gave  a  poetical  commencement  tu 
this  fable  ;  and  said  : 

"  An  eagle  towering  in  his  prido  of  height 
was — not  by  a  mousing  owl,  but  by  a  jiig  under 
a  jimpson  weeil — not  hawked  and  killed,  but 
caught  and  whiitt.  The  opening  he  thontlit 
grand  ;  the  conclusion  rather  balhotic  'He 
mistake  of  the  sharp-eyed  bird  of  Juve,  le 
thought  might  be  attributed  to  old  age  dim- 
ming the  sight,  and  to  his  neglect  of  his  specta- 
cles that  morning.  He  was  rather  surprised  at 
the  whim  of  the  cat  in  not  choosing  to  fall,  see- 
ing that  a  cat  (unlike  a  iM)litician  sometimes), 
always  f dls  on  its  legs ;  but  concluded  it  was  a 
picT  of  pride  in  puss,  an<l  a  wish  to  assimilate 
it.«elf  still  closer  to  an  leronaut ;  and  having  gone 
uj)  jX'ndant  to  a  balloon,  it  would  come  ilown 
artistically,  with  a  parachute  spri'ad  over  its 
head.  It  was  a  pretty  fable,  and  well  told  ;  but 
the  moral — the  application  ?  JCsop  always  had 
a  moral  to  his  fable ;  and  Dr.  Franklin,  bis  im- 
puted continuator  in  this  particular,  tliougli 
not  yet  the  rival  <)f  his  master  in  fabulous  repu- 
tation, yet  had  a  large  sprinkling  of  practical 
sense;  an'  never  wrote  or  spoke  without  a 
point  and  an  application.  And  now,  what  h 
the  point  here  7  And  the'  senator  from  K»n- 
!  tueky  has  not  left  that  to  be  inferivd  ;  be  lias 
I  told  it  himself,  (leneral  Jackson  is  the  eagle; 
'  the  bank  is  the  caf ;  the  parley  is  the  propn>i 
tion  of  the  \n\ix  to  the  President  to  sign  its 
charter,  and  it  will  sujiport  him  for  the  prcsi- 
I  dency — if  not,  will  keep  his  claws  stuck  in  liis 
^  sides.  Ihit,  Jackson,  different  from  the  efl^;li! 
with  his  cat,  will  have  no  conqiromise,  or  bar- 
gain with  the  bank.  One  or  the  other  shall 
fall !  and  be  dashed  into  atouis  ! 
I      "  Having  disposed  of  these  preliminary  topic* 


ANNO  1832.    ANDREW  JACKSON,  rUESIDENT. 


257 


I  fublc,  not  taken 
ii»l  the  eiiglc — the 
ti'd  to  lie  turned 
ision  to  tlie  Pri'ss- 
thc  Imnk,  and  the 


in 


'attacking"  tho 


heir  condition  now 
ited  hy  Dr.  Krunk- 
at,  to  denionstiato 
d  invention,  in  tho 
l>le  fuhk's.  The  ea- 
,  pounced,  from  his 

n  cat,  taking  it  to 
his  ])ii7e,  he  iiuick- 
ws  of  the  cat  tlintst 
ily.     Wliilst  liyinn, 

"suppo^^ed  \»\i.  and 
if  tlie  otlier  would 
ss,  yf)U  hrou}:ht  nio 
jnd"l  win  'nid  last 
lack  ;  a  eondilion  to 
;nted." 

il  conuncnceracnt  to 


his  priilo  of  hei^'llt 
1,  hut  hy  a  pic  uu<k'r 
•ked  and  killed,  hut 
opening:  he  thontjlit 
ther  hath<>ti<-.     Tie 
<l   hird  of  .love,  he 
;c>d  to  old  a-ie  diui- 
jK-;:lect  of  his  spccla- 
8  rather  surpii>ed  at 
choosiu^  to  fall,  sec- 
J)litician  sonietinu's), 
lit  concluded  it  was  a 
!l  wish  to  :\,-siuiil:itc 
iiut;  and  hiiviuj:  fioiie 
t  woulil  come  down 
lute   spri'ad   over  its 
.,and  well  told;  hut 
J^sop  always  had 
)r.  Franklin,  his  im- 
,  particular,   thou^ih 
iter  in  fahulous  repu- 
rinklinij;  of  pnu'tical 
or  Bpoke   without  a 
And  now,  what  h 
henator  from   K«'i>- 
he  inferi-etl ;  he  Ims 
[jacksou  is  the  e:ij;li' ; 
iirley  is  the  propo>i 
President  to  sijin  its 
[t  hinj  for  the  pie>i- 
lis  claws  stuck  in  Ins 
rent  from  the  t'«^li' 
conqironuse,  or  hur- 
or  the  other  shall 

loniK  ! 

io  preliminary  topics 


Mr.  B.  came  to  the  matter  in  hand — the  debate 
on  the  hank,  whk;h  had  only  conunenced  on  the 
side  of  the  friends  of  that  institution  since  the 
rcturi^  of  tho  veto  message.  Why  tlehato  the 
i)ank  question  now.  he  exclMmcd,  and  not  de- 
hnte  it  licforc?  Then  was  the  time  to  make 
converts;  now,  none  can  l)e  e.xpoctfd.  "Why 
are  lips  unsealed  now,  which  were  silent  as  the 
grave  when  this  act  was  on  its  passage  through 
the  Senate  ?  The  senator  from  Kentucky  him- 
self at  the  end  of  one  of  his  numerous  jierora- 
tions,  declared  that  he  e.xpectwl  tfi  make  no 
converts.  Then,  why  speak  thrc"  hours  ?  and 
other  gentlemen  sjieak  a  who'o  day  ?  Why 
this  iKnttJ'di'tn — post  mortem — this  fiosllniDinii.-i 
— deoate  ? — The  deed  is  done.  The  hank  hill 
is  finished.  S|K>aking  cannot  change  the  minds 
of  senators,  and  make  them  reverse  theii  votes; 
still  less  can  it  change  the  President,  and  make 
him  n'call  his  veto.  Then  why  sjH'ak  ?  To 
whom  do  theysjK'ak?  AVith  what  object  <!(» 
they  speak  ?  f^ir !  exclaimed  Mr.  It.,  this  post 
f'acio  debate  is  not  for  the  .*>euate,  nor  the  Pres- 
ident, nor  to  alter  the  fate  of  the  bank  bill.  It  is 
to  rouse  the  otiicers  of  the  bank — to  din'ct  the  ef- 
forts of  its  jnereenaries  in  their  designs  upon  the 
people— to  bring  out  its  stream  of  corrupting  iuMu- 
eiicc,  by  inspiring  hojie,  and  to  embody  all  its  re- 
cruits at  the  ./olls  to  vote  against  I'rcsideut  .lack- 
son.  Without  an  avowal  we  would  all  know 
this;  but  we  have  not  been  'vfl  without  an 
avowal.  The  .senator  from  .Massachusetts  (.Mr. 
Wtlistr),  who  OjH'ued  yesterday,  commenced 
his  sptcch  with  showing  that  Jackson  nnist  be 
put  ilovvn;  that  he  stood  as  an  impa.ssable  bar- 
riiT  between  the  bank  and  a  new  charter;  and 
tliitt  the  road  to  success  was  tlirough  the  ballot 
boxes  at  the  presidential  election.  The  object 
of  this  debate  is  then  known,  confessed,  declared, 
avowed ;  the  bank  is  in  the  Held ;  enlisted  for 
the  war ;  a  battering  ram— the  iiitupitlln,  not 
(iC  the  Uomans,  but  of  tho  National  Hepublicans ; 
not  to  beat  down  the  walls  of  hostile  cities,  but 
to  heat  down  the  citadel  of  American  liberty  ; 
to  hatter  down  the  rights  of  the  jk-ojiIc;  to  de- 
stroy a  hero  and  patriot;  to  command  the  elec- 
tions, and  to  elect  a  Bank  President  by  dint  of 
hank  jiower. 

''The  bank  is  in  the  field  (said  Mr.  B.),ac  .in- 
halant, and  a  fearfid  and  trememkius  one,  in  the 
prcsideiitiid  election.  If  ..he  snccecils,  tJiere  is 
an  end  of  .\merican  liberty — an  end  of  the  re- 
imlilii".  The  forms  of  election  nuiy  be  jHTUiitted 
iiir  a  while,  as  the  forms  of  the  cou-ular  flec- 
tions were  jieiinitted  in  Koine,  duriiiij:  the  last 
years  of  the  republic;  but  it  will  be  fur  u  while. 
iiiiiy.  The  I'lesideut  of  the  bank,  and  the  Pres- 
ident of  the  I'nited  States,  will  be  eou-ins,  iiud 
cousins  in  the  royal  sense  of  the  word.  They 
will  elect  each  other.  They  will  elect  their  sue- 
(vs-ors  ;  lliey  will  traiisuiit  iheir  tliroui  -  to  thi'ir 
•lesciMiilants,  and  that  by  lejrisl;i(ive  coiistnie- 
tion.  The  irrcat  N'a])ole(Ui  was  decreeil  to  be 
lureiliiary  I'uipiTor  by  virtue  of  l|i  ■  2lld  ai'licle 
uf  the  ei  iisiiui'ion  of  the  republic.     The  con- 

Vol.  1.— 17 


servative  Semite  and  the  Tribunitial  Assembly 
nnule  him  emperor  by  construction ;  and  the 
same  constructmn  which  was  put  upon  the  22d 
article  tif  the  French  constitution  of  the  yeor 
VIII.  may  be  as  oasily  placed  upon  tho  'general 
welfare'  clause  in  the  constitution  of  these 
I'nited  States. 

•'  The  Bank  is  in  the  flehl,  and  tlie  West,— 
the  (ircat  West,  is  the  selected  theatre  of  her 
ojierations.  There  her  terrors,  her  seductions, 
her  energies,  her  rewards  and  her  punishments, 
an;  to  be  directed.  The  senator  from  Massa- 
chusetts op«'ned  yesterday  with  a  picture  of  tho 
ruin  in  the  West,  if  the  bank  were  not  ruchar- 
i  tered ;  and  the  senator  from  Kentucky,  Mr. 
Clay,  wound  up  with  a  retouch  of  the  same  pic- 
ture to  day,  with  a  closeness  of  coincidenco 
which  showed  that  this  part  of  the  battle 
ground  had  lieen  reviewed  in  company  by  tho 
ass(K-iate  generals  and  duplicate  .senators.  Both 
agree  that  the  West  is  to  be  ruined  if  the  bank 
lie  not  rechartered ;  and  iveharteivd  it  cannot 
lie,  unless  the  vtio  President  is  himself  vetoed. 
This  is  certainly  candid.  Bui  the  gentlemen's 
candor  tlid  not  stop  there.  They  went  on  to  show 
the  iiiDtlim  opcntiuli ;  to  show  how  the  ruin 
would  Ik-  worked,  how  the  country  would  lie  de- 
vastated,— if  Jackson  was  not  put  down,  and  tho 
bank  rechartcred.  The  way  was  this :  The  West 
owes  thirty  milli(ms  of  dollars  to  the  Imnk;  the 
bank  will  sue  every  debtor  within  two  years  af- 
ter its  charter  expires ;  there  will  be  no  money  in 
the  country  to  pay  the  jmlgnieiits.  all  pid|ierty 
will  Ik'  sold  at  auction;  the  price  of  all  pro|urty 
will  fall ;  even  the  growing  crops,  (piile  up  to 
Boon's  Lick,  will  sink  in  value  and  lose  half  their 
price!  This  is  the  picture  of  ruin  now  drawn  by 
the  senator  fro?u  Massachusetts;  tlie.se  the  words 
of  a  voice  now  |ileading  the  cau-e  of  the  West 
against  Jackson,  the  souiul  of  which  voice  never 
happened  to  be  heard  in  favor  of  the  We>'  during 
the  late  war,  when  her  sous  were  bkedin;'  under 
the  British  and  the  Indian.s, and  Jackson  vvius  |ie- 
rilling  life  and  fortune  to  sa\e  and  redeem  her. 

"  This  is  to  Ih'  the  |»unishnient  of  the  West  if 
she  voti's  for  Jjicksou;  and  by  u  plain  and  natu- 
ral inference,  she  is  to  have  her  lewanl  for  put- 
ting him  down  and  imtting  up  another.  Thirty 
millions  is  the  bank  debt  in  the  West ;  and 
these  thirty  niillifins  they  threaten  to  collect 
by  writs  of  execution  if  Jackson  is  re-elected; 
but  if  he  be  not  elected,  and  somebody  else  bo 
elected,  then  they  proini>e  no  forced  payments 
shall  be  exacted, — hardly  any  jiayinent  at  all! 
The  thirty  millions  it  is  pretended  will  alniusl 
be  turgiven;  and  thus  a  bribe  of  thirty  millions 
is  deceitfully  oli'ered  for  the  Western  vote, 
with  a  threat  of  punishment,  if  it  be  not  tukeu  ! 
Ihit  the  West,  and  esjiecially  the  Stale  of  Ohio, 
is  awari'  that  .Mr.  t'iuy  <loes  not  u.se  the  bank 
power,  in  extending  cliaiilies — coercion  is  his 
mode  (if  appeal— and  when  Pre>id.  lit  Clay  and 
I'lv-idcnt  Hiddle  have  obtained  their  double 
sway,  all  these  fair  promises  will  be  foigolttu. 
.Mr.  B.  had  read  in  the  Itomiui  hislory  of  the 


f. 


258 


THIRTY  YEARS'  VIEW. 


empire  IwinR  put  up  to  snlo ;  he  Imd  read  of 
victorious  ptneralH,  rc'tiirniiif!;  from  Asiatic  con- 
quests, and  loaded  witli  oriental  spoil,  Mddiu}; 
in  tlic  market  for  the  considsliip,  and  purciias- 
iuK  tlioir  elections  with  the  wealth  of  contpicred 
kingdoms ;  hut  he  had  never  exnccied  to  wit- 
ness a  hid  for  the  pri'sidency  in  tliis  youn^  and 
fnc  rcpultlic.  lie  thou^^ht  he  lived  too  early, — 
too  near  the  hirth  of  the  republic, — while  everj' 
thinp;  was  yet  t(Jo  young  and  innocent, — to  sit' 
the  American  presidency  put  up  at  auction. 
Hut  he  aflirmed  this  to  he  t'le  case  now ;  and 
called  upon  every  senator,  and  every  auditor, 
who  had  heard  the  senator  from  Massachnselts 
the  flay  hcfon-,  or  the  senator  from  Kentucky 
on  that  ilay,  to  put  any  other  construction,  if 
they  could,  upon  this  seductive  oiler  to  the 
West,  of  indelinite  acconunodation  for  thirty 
millions  of  di-ht,  if  she  would  vote  for  one  pen- 
tleman,  and  the  threat  of  a  merciless  exaction 
of  that  dihl,  if  she  voted  for  another  ? 

"Mr.  1-.  denianilerl  how  the  West  came  to  he 
selected  hy  these  two  senators  as  the  theatre  for 
the  oiH>ration  of  all  the  terrors  and  seductions  of  j 
the  hank  deht  ?  Did  no  other  part  of  the  country  | 
owe  momy  to  the  hank?  Yes!  certaiidy,  lifteen  | 
millions   in  the  Soiitii,  and  twenty-nve  millions  ] 
north  of  the  I'otomiic.     Why  then  were  not  the  j 
North  and    I  lie  South   included  in   the  fancied 
fate  of  the  West?  Simply  hecause  the  presiden-  i 
tial  election  could  not  he  aU'ectefl  by  the  hank 
debt  in  l)io-;e  (piartirs.     The  South  was  irrevo- : 
calily  li.Nid  ;  and  the  terror,  or  seduction,  of  the 
pa\Mii'iit.  or   non-|>!iymint,  of  her  bank    dibt,  , 
would  o|ier.iti'  nothing;  there.     The  T.'orth  owed 
but  little,  cunipaiH'd  to  its  means  of  paymeiil,  I 
and  the  presidi-ntial  election  would  turn  upon 
other  |KMnts  in  that  region.     The  bank  debt  was 
the  aipnncnt  for  the  West ;  and  the  bank  and 
the  orators  had  worked  hand  in  hand,  to  pro- 
duce, and  to  use,  this  argument.     Mr.  15.  then 
ftirirnied.  (hat  the  debt  hail  been  civated  for  the 
very  purpose  to  which  it  was  now  applied ;  an 
eleclioiuering,   political    purpose;   juid    this    he 
l»roved  by  a  reference  to  authentic  docununts. 

'•  /V/s'/.-  He  took  the  total  bank  debt,  as  it  ex- 
isted when  President  Jackson  lirst  brought  the  \ 
bank  charter  befotv  the  view  of  Congress  in  I)e-  j 
CI  niber.  1.^2!»,  and  showed  it  to  be  ^  lu,:i !(•.,( Hid;  ; 
then  he  toik  the  total  debt  as  it  stood  at  pre-  ^ 
nent,  being  .<J7il,  li'K,(»(l(l;  and  thu>  showed  an  in- 1 
crease  of  tliii'ty  n.illions  in  the  sho:'    space  of  ' 
two  years  and  lour  months.     This  great  increase 
had  oeeurre(l  >iiici'  (lie  President  had  delivered 
opinions  against   the  bank,  and  when  as  a  pru- 
dent, and  law  al)iding  institution,  it   ought    to  , 
have  been  reducing  and  >  urtailing  its  lnr-inc-s, 
or  at  all  events,  keeping  it  stationary,     lie  then 
hliowtd  llie  anu'ial  progress  of  this  inereai-e,  to 
deniLUstrate   (ha*    tlie   iiierea-<'   was   la--t<r  and 
faster,  as  the  eliaricr  drew  nearer  and  nearer  to 
its  terminalion,  and  the  i|Uestion  of  iis  renewal 
pres>ed  elo-er  and  closer  u|mui  the  people,     lie 
showed  lliiit  the  increase  (hi-  lir.>t  year  aCier  the  \ 
message  of  l^J'.'  was  lour  millions  andacjuarter ; ' 


in  the  second  year,  which  was  last  year,  alwut 
nineteen  million.^,  to  wit,  from  .$14,052,000,  to 
^(;;{,02()-l.'J2;  and  the  increa.so  in  the  four  flrit 
months  of  the  present  year  was  nearly  five  mil- 
lions, luing  at  the  nite  of  about  one  million  nnd 
a  quarter  a  month  since  the  bank  had  applied 
for  a  renewal  of  her  eharter !  After  haviig 
shown  this  enormous  increase  in  the  sinn  total 
of  the  debt,  Mr.  IJ.  went  on  to  kIiow  where  it 
had  taken  place;  and  this  he  proved  to  Ik: 
chielly  in  the  West,  and  not  merely  in  the  West, 
but  prmcipally  in  those  parts  of  the  West  in 
which  the  presidential  election  was  held  to  l)C 
most  doubtful  and  critical. 

•'  lie  began  with  the  State  of  Louisiana,  nnd 
showed  that  the  increase  there,  since  the  delivcrj- 
of  the  message  of  1«20,  was  $;r).()(;i.l(ll ;  in 
Kentucky,  that  the  increase  was  .Sii.OO'.),^;^  : 
that  in  t)hio,  it  was  .*!2,07'.l,2(>7.  Here  was  an 
increase  .)f  ten  millions  in  three  critical  and 
doubtful  Slates.  And  so  on,  in  others.  Having 
shown  this  enormous  increase  of  «lebt  in  the 
West,  Mr.  H.  went  on  to  show,  from  the  time 
and  circumstances  and  subsequent  events,  that 
(hey  were  eri-ated  for  a  political  pnri)Ose.  and 
had  already  been  used  by  the  bank  with  that 
view.  Hi'  then  recurred  to  the  two-and-twenty 
circulars,  or  writs  of  execution,  as  he  called 
them,  issue<l  against  the  South  and  West,  in 
•lanuary  anil  Februar}'  last, ordering cnrtailmeiit- 
of  all  debts,  and  the  sujiply  of  reinforcements  to 
(he  .Vortheast.  He  showed  (hat  the  reason- 
assigned  by  the  bank  for  issuing  the  onlers  of 
curtailments  were  false ;  that  she  was  not  de- 
prived of  p\d)lie  de|iosifs.  a,s  she  asserted  ;  foi 
she  then  had  twelve  millions,  and  now  ha- 
twelve  millions  of  these  deposits  ;  that  she  was 
not  in  distress  for  money,  lA  she  asserted,  for 
she  was  then  increasing  her  loans  in  other  quar- 
ters, at  the  rate  of  a  million  and  a  quarter  a 
mouth,  and  had  ac{ually  increased  (hem  ten 
millions  and  a  half  from  the  date  of  the  lir>t 
ortler  of  curtailment,  in  Octolur,  IHIJI,  to  (lu 
end  of  May,  IH.'12!  Her  leasons  then  assigned 
lor  curtailing  at  the  Western  branches,  werr 
false,  infamously  false,  and  were  proved  to  be  so 
by  her  own  returns,  'llu'  true  reasons  were 
political :  a  I'orelasie  and  preluile  to  what  is  now 
threaleiu'd.  It  was  a  mano'iivre  to  jiri'ss  tlir 
debtoi's — a  turn  of  the  screw  ujion  the  boirou- 
er.s — ('.  make  them  all  eiy  out  and  join  in  tiic 
clamors  and  petitions  lor  a  renewed  eharttrl 
This  wa~  the  reason,  this  the  object  ;  and  a  inovt 
Wiiiiton  and  cruel  spoi-ting  it  was  with  (he  |ir>- 
pcr(y  and  ji'i  lings  of  the  unfortunate  ilcblor-. 
The  overliowing  of  the  I'ivi  r  at  l.oui-villc  aii'l 
CiiieiiMiali.  gave  (he  bank  an  oppordiiiily  it 
showing  its  gracious  coiidi'scension  in  the  di:- 
jioraiy  and  .-li;;ht  relaxation  of  her  order-  ii 
tllo-e  places  ;  but  there,  and  evel'y  where  dx  i. 
l!ie  West,  (lie  screw  was  tui'iied  far  enough  i" 
iiiMke  (lie  .screams  of  (he  viedujs  reach  (heir  ii- 
pr(scii(a(ivcs  in  t'on;^res-.  lu  Mobile.  wVay. 
hall' a  million  was  curiailed  out  of  a  million  nnd 
a  half;  at  every  other  branch,  curtailments  are 


t.'il, 
(le! 
(Ill 

VV.'II 
tec 
'Ii 

L'eli 
'ml 
tiiit 

\v;iv 

t'c 
lIlHt 

allhi 
;(■- 
Wo;  I 
tlie 


ANNO  1832.    ANDREW  JACKSON,  PRESIDENT. 


259 


last  ypnr,  alwut 

!$  14,052,0(10,  to 

in  the  four  first 
s  nearly  five  mil- 
t  one  million  and 
mnk  had  applied 
!     After  havii:^' 
«  in  the  sum  totsil 
U)  show  where  it 
ho   proved   to  Ik; 
erelyinthcAVest, 
s  of  the  West  m 
,n  wart  hold  to  be 

of  Lonisiana,  and 
■>  since  the  dulivcry 
tts  $;r>.OC,l.l<ll;  in 
.  was  $:5.0«rt),H;5H  : 
2(»7.     Here  was  an 
"thifc  critical  ami 
in  other.-.     Uaviiif; 
nse  of  debt  in  the 
low,  from  the  time 
itMiuent  events,  that 

ilitical  piin'"**^''  "'"' 
Ihe  bank  wilh  that 
thetwo-and-lwenty 

Mition,  as  he  ci»lU<l 
MMith  and  >Vc<t,  in 
.rderinL'Cintailnieiit- 
nrreinf-ircenienlstn 
4   that    the   reason- 
Uuiii^'  the  onlers  yl 
mt  she  was  not  de- 
is  she  asserted;   fov 
li(ins.  and   n<>\v  ha~ 
posits;  that  she  Wi»> 
iA<  she  asserted,  for 
loans  in  other  ([oar- 
,un  and  a  unarter  a 
increased   tliem  ten 
the  date  of  the  lh>t 
)rt..ber.  1H:U,  to  Hie 
(■iisons  then  assipied 
torn  branches,  wen 
were  jiroved  to  be  so 
true  reasons  were 
oliidetowhat  is  now 
loMivre  t"  press  tli<' 
w  npon  the  hornnv- 
'  (.ut  and  join  '"  <'»; 
ii  niu'wed  charttr. 
lu'obiect  ;andan>ovl 
it  was  witli  till-  pp- 
nnfortnnate  debtor-, 
iv.rat  l.oni-ville  luM 
k  nn    I'pportwnity  "t 
[U'scensinii  in  the  tii.'.- 
inn  of  her  order-  iii 
i„l  every  where  els»    li 
Inrne'l"  far  enoieih  i" 
iclnijs  reach  their  n- 
In    Mobile,  ul'iii'. 
,1  out  of  a  million  am! 
.nch,  curtuilments  are 


ri'l 


\v 


fioinjj  on  ;  and  all  this  for  political  effect,  and  to 
K'  followed  up  by  the  electioneering  fabrication 
that  it  is  the  effect  of  the  veto  mesnagc.  Yes ! 
the  veto  message  ami  President,  arc  to  Iw  held 
np  as  the  cause  of  these  curtailments,  which 
have  l)Cfn  poinp  on  for  half  a  year  past ! 

'"Connected  with  the  creation  of  this  new 
debt,  was  the  establishment  of  several  new 
branches,  ami  the  pmmise  of  many  more.  In- 
stead of  rtMnainin;^  stationary,  and  awaiting  the 
action  of  Congress,  the  bank  showed  it  .elf  de- 
termined to  spread  and  extend  its  business,  not 
only  in  <lebts,  but  in  new  branches.  Nashville, 
Natchez,  St.  Ix)iiis,  wen^  favored  with  branches 
at  the  eleventh  hour.  New- York  hml  the  same 
favor  done  her  ;  and,  at  one  of  these  (the  branch 
at  I'tica),  the  Senate  could  jiulgc  of  the  neces- 
sity to  the  federal  government  which  occasioned 
it  to  1k'  established,  and  which  necessity,  in  the 
opinion  of  the  Supreme  Court,  is  snfiicient  to 
overturn  the  laws  an<l  constituticm  of  a  State : 
the  Sinatc  could  judge  of  this  necessity,  from 
th'fact  that  twenty-five  dollars  is  rather  a  large 
deposit  to  the  CRvlit  of  the  Tnited  States  Trea- 
surer, and  that,  at  the  last  returns  the  federal 
deposit  was  precisely  two  dollars  and  fifty  cents! 
Tills  extension  of  branches  and  increase  of  debt, 
at  t!ie  approaching  termination  of  the  charter, 
was  evidence  of  the  determination  of  the  bank 
to  lie  rechartered  at  all  hazards.  It  was  done 
to  create  an  inteivst  to  carry  her  through,  in 
sjtite  «)f  the  will  of  the  people.  Numerous  pro- 
nii.ses  for  new  branches,  is  another  trick  of  the 
same  kind.  Thirty  new  branches  are  said  to  be 
in  contiinplation,  and  about  three  liundre<I  vil- 
liiu'c'S  have  Un-n  induced  each  to  believe  that  it- 
.self  was  the  favored  spot  -  f  location  ,  Init,  always 
upon  the  condition,  well  understocil,  that  .JacK- 
son  sh  >uUI  not  Im*  re-i'Iected,  and  that  they 
should  elect  a  representative  to  vote  for  the  re- 
charter. 

"  Mr.  B.,  having  shown  when  and  why  this 
Western  debt  was  cri'ated,  examined  not  into 
the  alleged  necessity  for  its  prompt  and  rigorous 
enllection,  if  the  charter  was  not  renewed  ;  he 
denied  the  existence  of  any  such  necessity  in 
point  of  law.  He  allirined  that  tlie  bank  could 
take  as  much  time  as  she  pleaseil  to  collect  her 
(lehts,  anil  could  be  just  as  gentle  wit!i  her 
debtors  as  she  chose.  All  that  she  had  to  do 
was  to  convert  a  few  of  her  directors  into  trus- 
tees, as  the  <dil  Hank  of  the  I'liiled  States  had 
'ii  lie,  tlie  alliiirs  of  which  were  wouml  up  so 
L'eiitly  tliat  the  country  did  not  know  wlieii  it 

iideii.  Mr.  ]i.  appealed  to  what  would  he  ad- 
mitted to  be  bank  tiuthority  on  this  point:  it 
was  tlie  opinion  of  the  senator  from  Kentucky 
(Mr.  Clay)  oot  in  his  speech  against  renewing 
tlie  liank  charter,  in  IMII,  but  in  his  report  of 
tlint  year  against  allowing  it  time  to  wind  up  its 
ftt!air<.  The  haidv  then  askeil  linie  to  wind  up 
its  alliiirs;  a  cry  was  raised  that  the  country 
Hiiiild  he  mined,  if  time  was  not  allowed;  but 
tlie  senator  from  Kentucky  then  answered  that 
TV,  hy  referring  the  bank  to  its  common  law 


right  to  cimstitute  truste<'s  to  wind  up  its  affairs. 
The  Congress  acted  upon  the  suggestion  by  re- 
fusing the  time;  the  bink  iicted  upon  the  sug- 
gestion by  appointing  trustees;  the  debtors 
hushed  their  cries,  and  the  public  never  heard  of 
the  sul  ject  afterwards.  The  pretext  of  an  un- 
renewed charter  is  not  necessary"  to  stimulate 
the  bank  to  the  pressure-  f)f  Western  debtors. 
Look  at  Cincinnati!  wliat  but  a  determination 
to  make  its  ix>werfelt  and  feared  occasioned  the 
pressure  at  that  place  ?  And  will  thai  disposi- 
tion ever  Ixi  wanting  to  such  an  institution  as 
that  of  the  Hank  of  the  United  States  ? 

"  The  senator  from  Kentucky  has  changed  his 
opinion  about  the  constitutionality  of  the  bank  ; 
but  has  he  changed  it  about  the  legality  of  the 
trust?  If  he  has  not,  he  nuist  surrender  his 
alarms  for  the  ruin  of  the  West ;  if  he  has,  the 
law  itself  is  unchanged.  The  bank  may  act 
under  it ;  and  if  slie  'Iocs  not,  it  is  because  she 
will  not ;  and  becjiuse  she  chooses  to  punish  the 
West  for  refusing  to  support  her  candiihtte  for 
the  presidency.  What  then  becomes  of  all  this 
cry  about  ruined  fortunes,  fallen  prices,  and  the 
lo.ss  of  growing  crops?  All  imagination  or  cruel 
tyranny  !  The  bank  debt  of  the  West  is  thirty 
millions.  She  has  six  years  to  pav  it  in ;  and, 
at  all  events,  he  that  cannot  pay  in  six  years, 
can  hardly  do  it  at  all.  Ten  millions  are  in  bills 
of  exchange;  and,  if  they  are  real  bills,  they  will 
l»e  payable  at  maturity,  in  ninety  or  one  hundred 
and  twenty  days;  if  not  real  bills,  but  di.sguised 
loans,  drawing  interest  as  a  debt,  and  premium 
as  a  bill  of  exchange,  they  are  usurious  and  void, 
and  may  l»e  vacated  in  any  upright  court. 

"But,  the  great  point  for  the  West  to  fix  its 
attention  upon  is  the  fact  that,  once  in  everj'  ten 
years,  the  cajiital  of  this  debt  is  paid  in  annual 
interest;  and  that,  after  paying  the  capital  many 
times  over  in  inteiest,  the  principal  will  have  to 
be  paid  at  last.  The  sooner,  then,  the  capital  is 
paid  and  interest  stopped,  the  better  for  the  coun- 
try- 

"  Mr.  Clay  and  Mr.  Webster  had  dilated  large- 
ly upon  tin-  withdrawal  of  bank  capital  from 
the  West.     Mr.  It.  showed,  from  tin-  bank  doc- 
uments, that  they   had  sent  but  ',i.iM,Oll()  dol- 
j  lars  of  capital  there  ;  that  the  operaiion  was  the 
other  way,  a  ruinous  drain  of  capital,  and  that 
I  in  hard  nmney,  from  the  West.     He  went  over 
I  the  tables  which  showi-d  the  annual  amount  of 
these  drains,  and  deinonstrated  its  ruinous  na- 
'  ture  upon  the  South  and  West.     He  showed  tiie 
tendeiu-y  of  all  branch  bank  jiaper  to  flow  to  the 
I  Northeast,  the  necessity  to  redeem  it  annually 
'  with  gold  and  silver,  and  bills  of  ext  hange,  and 
I  the  inevitable  result,  that  the  West  would  even- 
tually  be   left  without  either  hard  money,  or 
.  branch  bank  )ia|H'r. 

'"Mr.  Clay  had  attributed  all  the  disasters  of 

'  the  late  war,  especially  the  surrender  of  Detroit, 

and  the  HIailensbiirg  i-oiit.  to  tlie  want  of  this 

bank.     Mr.  B.  asked  if  hank  credit-.  <>r  bank 

'  advances,  could  have  inspired  cunraec  into  the 

i  bosom  of  the  unhappy  old  man  who  h.iu   iiicn 


''kpf 


260 


THIRTY  YKAUS'  VIKW. 


'iii 


i       -!- 


thp  caiiRO  of  tho  siirn-tKlor  of  Detroit  ?  or,  coiiM 
have  made  those  flfrht  wlio  could  not  be  in-ipired 
by  tho  view  of  their  ciipitol,  the  presence  of  their 
President,  and  the  neuritroxiniity  of  their  fami- 
liort  and  HresideH  ?  Andrew  •lack.son  conquered 
•t  New  Orleans,  without  money,  without  arms, 
without  credit — aye,  without  u  bank.  He  pot 
even  his  Hints  from  the  pirates.  lie  scouted  the 
idea  of  brave  men  lieing  produced  by  the  bank. 
If  it  had  existed,  it  would  have  Iwcn  a  burthen 
upon  th ,'  hands  of  the  frovernment.  It  was  now, 
at  this  hour,  a  burthen  upon  the  hands  of  tlic 
povernment,  and  an  obstacle  to  the  payment  of 
the  public  debt.  It  had  procured  a  nayment  of 
8i.\  millions  of  the  public  debt  to  f»e  delayed, 
fronj  Jidy  to  Octolk-r,  under  the  pri'te.xt  that 
the  merchai.ts  coulil  not  pay  their  bond.s.  when 
these  Ijonds  were  now  paid,  and  twelve  millions  of 
dollars — twice  the  amount  intended  to  have  In-en 
paid — lies  in  the  vault<  of  the  bank  to  la'  used  by 
her  in  beatinpdown  the  vet  >  message,  the  author 
of  the  messnpe,  and  all  wlm  share  his  opinions. 
The  bunk  was  not  only  a  burthen  upon  the 
hands  of  the  povernment  now,  but  had  been  a 
burthen  upon  it  in  three  years  after  it  started — 
when  it  would  have  sto|)ped  payment,  as  all 
America  knows,  in  April  \Hl^,  had  it  not  bi-en 
for  the  iise  of  «'ipht  millions  of  public  deposits, 
and  the  seasonable  arrival  of  wapons  loaded  with 
specie  from  Kentucky  and  Ohio. 

"Mr.  H.  defended  the  old  banks  in  Kentucky, 
Ohio,  ami  Tennessee,  from  the  as|>ersious  which 
hud  been  cast  upon  them.  'J'hey  had  aided  the 
fiovernmcnt  when  the  Xorthern  bunker.-,  who 
now  seotf  at  them,  nfused  to  advance  a  dollar. 
They  hud  advanced  the  money  wl  i  !h  enabled 
the  warriors  of  the  West  to  po  forvh  to  liatfle. 
'J'hey  had  c:ippled  themselves  to  aid  their  pov- 
ennneut.  After  the  war  they  resumed  s|K'cie 
payments,  which  had  lieen  sus|H'ndcd  with  the 
consent  of  the  •-'jislatures,  toeindile  them  to  ex- 
tend all  ihrir  i  ans  in  aid  of  the  national  strnp- 
ple.  This  resn  iption  was  made  inacticable  by 
the  Treasury  deposit,  in  the  Stat.-  institutions, 
Tliey  were  withdrawn  to  pive  ciipitul  to  the 
brunches  oft  he  preutm(mo|K)ly,  when  fii-st  ex  tend- 
ed to  the  West.  These  brunches,  then,  produc- 
ed upuiu  the  druininpof  the  local  banks,  which 
they  had  volunturiiy  suilered  for  the  sake  of 
povermnent  durinp  the  war.  They  had  sacri- 
liced  their  interests  and  credit  to  sustJiin  the 
credit  of  the  national  treasury — and  the  tivasu- 
ry  surremlereil  them,  us  u  sacrifice  to  the  nutional 
bank.  They  stopped  payment  under  the  pivs- 
> lire  anil  extortion  if  the  new  estnblishnients, 
Ml  .tdu'  I )»  tinst  the  consent  of  the  people  ami 
K-^i  '  ii":' s  oi  *].'  Western  States,  The  jiaper 
of  th  "•'  <tcrn  kninks  depreciule<l — the  stock  of 
iW.  Staves  and  of  individual  stockholders  was 
■  <c!'!i<i.. —  lie  coMin'ry  was  filled  vith  a  spu- 
noL.  c'lrreixy,  iv  »'H  coiiise  f  mi  institution 
vh'  I,  i',  «us  j.retemhd,  was  esiublished  to  pre- 
vint  H:tf!i  -i  cnU.uity  Tlu  1];  'ik  of  the  I'nited 
;  u;  •  .iir-  thus  e^tu^l!ished  on  he  ruins  of  the 
biUiik. ..  ii'Us  ii  lOii/.Ts  ,    J  uon-it'«idunts  weiv  fat- 


tened on  their  siwils.  They  were  stripped  of 
their  specie  to  pamper  the  imperial  bank.  They 
fell  victims  to  their  patriotism,  and  to  the  estab- 
lishment of  the  United  States  bank  ;  and  it  was 
imjust  and  unkind  to  reproach  them  with  a  futo 
wliich  their  patriotism,  and  the  establishment 
of  the  federal  bank  brought  upon  them. 

"  Mr.  Clay  and  Mr.  Webster  had  rebuked  tho 
President  for  his  allusion  to  the  manner  in  which 
the  bank  charter  had  been  pushed  through  Con- 
pres.s,  pending  an  unfinished  inve.stigation,  reluc- 
tantly conceded.  Mr.  B.  demanded  if  that  was 
not  true?  He  asked  if  it  was  not  wrong  to  p.ish 
the  charter  through  in  that  ma.inor,  and  if  the 
President  had  not  done  right  to  stop  it,  to  balk 
this  hurried  process,  and  to  give  the  people  time 
for  consideration  and  enable  them  to  act?  Ho 
had  only  brought  the  subject  to  the  Jiotice  of  tho 
Conpn-ss  and  tho  jjeople,  but  had  not  recom- 
mended immediate  legislation,  before  the  subject 
had  Iwen  canvassed  before  the  nation.  It  was  a 
gross  perversion  of  his  messages  to  (juote  them 
in  favor  of  immediate  decision  without  previous 
investigation.  He  was  not  evadir";  the  (piestion. 
The  veto  message  proved  that.  He  .souplu  time 
for  the  people,  not  for  himself,  and  in  that  he 
coincided  with  a  sentiment  lately  expressed  by 
the  senator  himself  (from  Kentucky)  at  Cincin- 
nati ;  he  was  coincidinp  with  the  example  of  the 
British  parliament,  which  had  not  yet  decided 
the  questicm  of  ivchartering  the  Bunk  of  Knp- 
land,  und  which  had  Just  raised  an  extruordinury 
connnittee  of  thirty-one  mend)ers  to  examine 
the  bank  thronph  all  her  departments;  and,  what 
was  nuich  more  material,  lie  had  coincided  with 
the  spirit  of  our  constitution,  and  the  rights  of 
the  people,  in  preventing  an  expirinp  minority 
Congress  frcmi  usurping  the  jKJwers  and  rights 
of  their  successors.  The  President  had  not 
evaded  the  question.  He  had  met  it  fully.  He 
might  have  said  nothing  about  it  in  his  nussages 
of  IHJ^I, '.■'.(),  and  Ml.  He  might  have  remained 
silent,  und  had  the  sujiiiort  of  both  parties  ;  but 
the  safetv  and  iuttrest  of  the  <()untry  refpiired 
the  people  to  l)e  awakened  to  the  consideration 
of  the  sidijecl.  He  had  waki'd  them  up;  and 
now  that  they  are  awake,  he  bus  secured  them 
time  for  consideration.  Is  this  evasion? 
'•Messrs,  C.  and  W.  had   attacked   tlse  Pre>i- 

!  dent  for  objeeting  to  foreign  sttwkholdcrs  in  tlie 
Biii.k  oftlie  liiited  States.    .Mr.  B.  maintained  the 

■  soliility  of  the  objictioii.  and  exposed  the  futility 
of  the  argument  urged  by  the  duplicate  senators. 

'  They  had  asked  if  foreigners  did  not  hold  ^tvfk 

'  in  road  and  canal  companies  ?  Mr.  B,  sai<l.  ye-! 
but  tiiise  road  and  canal  ci'Uijianies  did  not  li;i|i- 
jten  to  be  the  liankcrs  of  the  I'nited  StiUe- !     Tlio 

:  l'oreigi\  st"i'kholdcrs  in  this  Imnk  were  the  b. ink- 
ers of  the  I'nited  Stales.     They  held  its  nionev.*; 

'  tluy    colle<'led   its  revenue- ;  they  almost  fm- 

'  trolled  its  finances;  they  were  to  give  or  will.- 
lioM  aid  in  'var  as  well  as  peace,  and,  it  niijilit 
be,  against  their  own  government,  Wa-  il  o 
L'uiteil  Sijites  to  ileiK-nd  iqion  I'oi'eigners  in  a 

,  point  so  material  to  our  cxi.sience?     The  bank 


4. 

1 


ANNO  1882.     ANDREW  JACKSON,  PRraiDEST. 


261 


rcre  stripped  of 
ialbank.    They 
,nil  to  the  estttb- 
ftnk  ;  and  it  was 
them  with  a  fate 
ic  cBtabli«hmeiit 
m  them, 
had  rebuked  the 
manner  in  wliich 
lied  through  Con- 
rcstigntion,  reltic- 
unded  if  that  was 
lot  wrong  to  pi'sh 
i.mor,  and  if  the 
to  stop  it,  to  balK 
re  the  people  tunc 
them  to  act  ?     l'<-' 
io  the  notice  of  the 
t  had  not  recom- 
bcforc  the  subject 
■  nation.    It  was  a 
i<»es  to  (luote  tliem 
j^without  previous 
adi!"-;  the  (Hieslion. 
t.     lie  souphi  time 
At,  and  in  that  he 
lately  expres^^ed  by 
..ntueky)  at  Cincm- 
the  example  ol  the 
(111  not  yet  de«-ided 
the  Bank  of  t.np;- 
=i'd  an  extraordinary 
H-mbers  to  examine 
irtmenti*;  and,  what 
r  had  coincided  with 
n.  and  the  ritrhts  of 
I  expiring  minority 
,i>  iH)wers  and  rij-'bts 
PiTsidint  had    not 
ul  met  it  fully,     lb' 
lit  it  in  his  tut s.-a;;'.s 
uijrht  have  remained 
if  both  parties  ;  but 
,.  country  re(iuirid 
.n  the  consideralitin 
•itked  tliem  up ;  and 
has  secured  tbein 
this  evasion  7 
iitlacked  the  IMtm- 
h  stockholders  in  tlie 
Kir.  11. maintained  the 
[l  cxposeil  the  fuiility 
K'  duplicate  senators. 
s  did  not  h.d.l  >t>Hk 
?     Mr.  U.  said.  yi-I 
nipiinies  did  not  Iriji- 
ruitcdSliae^!     'lli^' 
l.unk  were  the  b.i nk - 
licy  held  its  moiic\>; 
s  ;  tlicy  almi'st  cm- 
rti're  to  pvi'  or  witl'- 
iicaee,  and,  it  mi}'}'' 
.(■nimtnt.     Wa-    il  >' 
luiuin  Ibrcitcners  111  a 
dhieuce?     The  biuiU 


WIS  a  national  institution.  Ougtit  a  national  in- 
stitution to  be  the  private  property  of  a'iens? 
It  was  called  the  Bank  of  the  Uniteil  States,  and 
oii;;l»t  it  to  be  the  bapk  of  the  nobility  and  gen- 
trv  of  Great  Britain?  The  senator  from  Ken- 
tucky bad  rnce  objected  to  foreign  stockholders 
liiiiHi-lf.  He  did  this  in  his  speech  against  the 
li;iiik  in  1811 ;  and  although  he  had  revoked  the 
ciiiis;i;utional  doctrines  of  that  speech,  he  [Mr. 
11.]  never  understood  that  ho  had  revokecf  the 
-  iiijim-nts  then  expressed  of  the  danger  of  cor- 
Miliiii>u  ill  our  councils  and  elections,  if  foreijiners 
wcl  lud  tlic  moneyed  |)ower  of  our  country.  He 
till  1  us  then  tliat  the  nowi  r  of  the  purse  command- 
ed il.a:  tif  the  sword — and  would  he  commit  Itoth 
to  till-  bands  of  foreiL-^ners  ?  All  the  lessons  of 
hi>i"ry.  said  Mr.  B..  admonish  us  to  keep  clear  of 
f  I,  V411  iiiduence.  The  most  dangerous  influence 
fi-  III  furoigiiersis  through  money.  The  corruption 
of  orators  and  statesmen,  is  the  ready  way  to 
|ioi.<i)ii  the  councils,  and  to  betray  the  interest  of 
a  citiiiitr}'.  Foreigners  now  own  one  fourth  of 
this  bank;  they  may  own  the  whole  of  it! 
What  a  temptation  to  them  to  engage  in  our 
duiioiis !  By  carrying  a  President,  and  a  ma- 
jiirity  of  Congress,  to  suit  thomsclve.s,  they  not 
only  become  masters  of  the  moneyed  power,  but 
ul-o  of  the  political  power,  of  this  republic. 
,\ii  1  can  it  lie  supposed  that  the  British  stock- 
liold'  rs  are  indiirercnt  to  the  i.s8uc  of  this  elec- 
tion .'  that  they,  and  their  n^^'nts,  can  see  with 
iiidltroreiice,  the  re-election  of  a  man  who  may 
di>:ili])oint  their  hopes  of  fortunf,  and  whose 
ai'iiicvement  at  New  Orleans  is  a  continued  me- 
iiiiiifo  of  the  most  signal  defeat  the  arms  of  Eng- 
land ever  sustained? 

•'I'lie  President,  in  his  nicssngc.  had  charac- 
tcri/.fil  the  cxc'usive  privilege  of  thi-  bank  as  'a 
iiionopol}'.'  To  this  Mr.  Webster  had  taken 
(xciplion,  and  ascended  to  the  Cireek  root  of 
the  wonl  to  demonstrate  its  true  signification, 
aiiil  the  incorrectness  of  the  President's  applica- 
tion. Mr.  B.  defended  the  President's  use  of 
till'  term,  and  said  that  he  would  give  authority 
too,  but  not  Greek  authority.  lie  would  as- 
cend, not  to  the  Greek  root,  but  to  the  Engli.sh 
io>t  of  the  word,  and  show  that  a  whig  baronet 
iial  applied  the  tenn  to  the  Bank  of  England 
\vitli  still  more  ofl'ensive  epithets  than  any  the 
rivsideiit  had  used.  Mr.  B.  then  read,  and 
c  luiiiu'iited  upon  several  passages  of  a  speech  of 
Sir  William  Pulteney,  in  the  British  House  of 
''oiimioiis,  against  renewing  the  charter  of  the 
Itaiik  of  England,  in  which  the  term  monopoly 
wMs  repeatedly  applied  to  thut  bank;  and  other 
•rrnis  to  display  its  dangerous  and  odious  cliar- 
Wr.  In  one  of  the  passages  the  whig  baronet 
said :  'The  bank  has  been  siipjiorted,  and  is  still 
siiiiported,  by  the  fear  and  terror  which,  by  the 
iiuaiis  of  its  iiioiiojMily,  it  has  had  the  power  to 
iii-|iiiv.'  Ill  another,  he  said:  'F  consider  the 
pcivvcr  ('iven  by  the  monopoly  to  be  of  the  na- 
liiiv  of  all  other  despotic  power,  which  corrupts 
•lie  di'>pot  as  much  as  it  corrupts  the  slave !' 
Ill  a  third  pa.s,sagc  lie  said  :  '  Whatever  languajre 


the  private  b.'inkers  may  feci  themselves  bound 
to  hold,  he  could  not  Ijelieve  they  had  any  sat- 
isfaction in  reniaiiiing  subject  to  a  power  which 
might  destroy  them  at  any  moment.'  In  a 
fourth:  'No  man  in  Franco  was  heard  to  com- 
plain of  the  Bastile  while  it  existed;  yet  when 
it  fell,  it  came  down  amidst  the  universal  accla- 
mations of  the  nalioii ! ' 

"  Here,  continued  Mr.  B.,  is  authority.  Eng- 
lish authority,  for  calling  the  British  bank  in 
England  a  monop<dy  ;  and  the  British  bank  in 
America  is  copied  from  it.  Sir  Wm.  Pulteney 
goes  flirthcr  than  President  Jackson.  lie  says, 
that  the  Bank  of  England  rules  by  fear  and 
terror.  He  calls  it  a  drspot,  and  a  corrupt  des- 
l»)t.  He  speaks  of  the  slaves  corruj)tcd  by  the 
iiank;  by  whom  he  doubtless  means  the  nomi- 
nal debtors  who  have  received  ostensible  loans, 
real  douceurs — nevci"  to  be  repaid,  exa>pt  in 
dishonorable  services.  He  considers  the  prai.'-es 
of  the  country  bankers  as  the  unwilling  homage 
of  the  weak  and  helpless  to  the  corrupt  and 

Cowerful.  He  assimilates  the  Bank  of  England, 
y  the  terrors  which  it  inspires,  to  the  old  Bas- 
tile in  France,  and  anticipates  the  .same  burst  of 
emancipated  joy  on  the  fall  of  the  bank,  wliieh  was 
heard  in  France  on  the  fall  of  the  Bnstile.  And 
is  he  not  right?  And  may  not  evory  word  of 
his  invective  be  applie<l  to  the  British  bank  in 
America,  and  find  its  appropriate  application  in 
well-known,  and  incontestable  facts  here  ?  AVdl 
has  be  likened  it  to  the  Bastile;  well  will  the 
term  apply  in  our  own  country.  T.reat  is  the 
fear  and  terror  now  insnircvi  by  this  bank.  Si- 
lent are  millions  of  tongues,  under  its  terrors, 
which  are  impatient  for  the  downfall  of  the  nK.n- 
ument  of  despoti.sm,  that  'hey  may  break  forth 
into  joy  and  thanksgiviiivr.  The  real  Baslile 
was  terrible  to  all  France  ;  the  figurative  Hiis- 
tile  is  terrible  to  all  America;  but  above  all  to 
the  West,  where  the  diiiilicate  .senators  of  Ken- 
tucky and  Massachusetts,  Imve  pointed  to  the 


iciung,  and  drawn 

>atod  immolation. 

is  the   month  of 

>  liberty,  and  fiital 

•  on  the  crown  of 

month  of  July ;  the 

the  month  of  July  ; 

I  France  by  the  three 

1  the  veto  message, 

Indejiendence  against 


reign  of  terror  that  is  api 
up  the  victims  for  an  an 
But,  exclaimed  Mr.  B..  tl 
July;  a  month  auspiciou 
to  Bast  lies.    Our  depeini 
Great  Britain  ceased  in  Hm 
Bastile  in  France  fell 
Charles  X.  was  clia.sed  t 
glorious  days  of  July  • 
which  is  the  Declarat 

the  British  bank,  on.  la.cd  on  the  fourth  of 
July,  and  is  the  signal  for  the  downfall  of  the 
American  Bastile,  and  the  eiid  of  despotism. 
The  time  is  ausj)icioiis ;  the  work  will  go  on; 
down  with  the  Briti^ll  lank;  down  svith  the 
Bastile  ;  away  with  the  tyrant,  will  be  the  pa- 
triotic cry  of  Americans  ;  and  down  it  will  go. 

'•The  duplicate  senators,  saiil  Mr.  B.,  liave 
occunied  themselves  wi;!i  criticising  the  Presi- 
dent's idea  of  the  obligar-  M  of  his  oath  in  con- 
struing the  constitution  for  himself.  'J'hey  also 
think  that  tlie  President  ought  to  Ije  Ixiiind,  the 
Congres.s  ought  to  be  bound,  to  take  the  consti- 


rt 


202 


TIIIUTV'  YEARS'  VIKW. 


tutioti  wliich  tlio  Stipn-nio  Court  nmy  iloal  out 
to  tlii'in  !  If  HO,  why  tiiko  nn  oalli  ?  The  ontli 
JH  to  liiiiil  tilt'  conxcietic)',  not  to  enli(;litt>ii  the 
liemi.  F'.vcry  ofllrcr  ttikfs  tlic  oath  for  hiiii.solf; 
the  President  t(M>k  tlie  onth  for  himself;  luliiiin- 
islcrcd  hy  the  Chief  .histitv.  hnt  not  la  the 
Chief  .Iii»ti<'o.  lie  Ixtund  himself  to  oliserve 
the  constitution,  not  the  Chief  Justiee's  inter- 
pretation of  the  coiiftitution ;  nini  his  iiiessnpe 
is  in  oonforinity  to  his  oath.  This  Ik  the  oath  of 
duty  nnd  of  rijtht.  It  is  the  path  of  Jvttersoii, 
iiNo,  who  hiiM  laid  it  down  in  his  wiitiiijis, 
tiiat  each  de|Mirtment  judges  the  eonntitution 
for  itself,  and  that  the  l're>ident  is  as  inde- 
IX'iidenl  of  the  Supreme  Court  as  the  Supreme 
('ourt  is  of  the  President. 

'"The  senators  from  Kentiieky  and  Massa- 
chusetts have  not  only  attacked  the  I'resident's 
idea  of  his  own  iiid«-|H>n(leii(-e  in  coiistniin);  the 
eonstitutiim,  hut  also  the  eonstniction  h?  has 
put  upon  it  in  n'fereiice  to  this  hank.  They 
deny  its  correctness,  and  enter  into  arpiments 
to  disprove  it,  and  have  even  (iiioted  authorities 
which  may  'h-  quoted  on  holli  sides.  One  of 
the  senators,  the  p'litleuian  from  Kentucky, 
iiii};lit  lmves|Hm'd  hisohjection  to  the  President 
lui  tlii-i  point,  lie  lmp]M>ned  to  think  the  same 
way  oiuv  himself;  ami  while  all  will  accord  to 
him  tin-  rifrht  of  cli:iii|iiiitr  for  himself,  lew  will 
allow  him  the  privilege  of  lehukiii);  others  for 
not  ktepin;:  up  with  him  in  the  ripuioon  dance 
of  cliiiiip-ahle  opinions. 

"The  President  is  assailed  for  showing  the 
drain  upon  the  resources  of  the  West,  whiili  is 
iiiiidt-  hy  I  Ills  hank,  llow  assailed  ?  With  any 
diiciiuunts  to  show  that  he  is  in  error  /  N  • ! 
not  at  all  !  no  such  dociinieiit  exists.  The 
President  is  ri):lit,  and  the  fact  pies  to  a  far 
jrreater  <'.\tent  than  is  stated  in  his  inessap-. 
lie  took  the  dividend  prollts  of  the  hank, — the 
net,  and  not  the  (rross  profits  ;  the  latter  is  the 
true  measure  of  the  burthen  upon  the  |H-ople. 
The  annual  drain  for  net  <lividen<ls  from  the 
West,  is  .^l,()(M>,(K)().  This  is  an  enormous  tax. 
But  the  (irosH  profits  aiv  still  larp-r.  Then 
there  is  tlie  siiccic  drain,  wliich  now  exceeds 
three  millions  of  dollars  jht  annum.  Then 
there  is  the  annual  mortpip'  of  the  (irowinn 
crop  to  redeem  tlie  fi<-titious  and  usurious  hills 
of  exclianije  which  are  now  siihstifuted  fur  ordi- 
nary hians,  and  which  sweeps  oil"  the  staple  pro- 
ducts of  the  South  and  West  to  tlie  .\4)rlh- 
eastern  cities. — The  West  is  ravajred  hy  thi- 
l)onk.  New  Orleans,  especially,  is  lavap-d  hy 
it ;  and  in  her  impover'shment,  the  whole  W  est 
Hiiilers  ;  lor  she  is  therehy  disahled  from  ^clvin^: 
adei[iuitf  prices  for  Wi'sterii  |)roduce.  .Mr.  It, 
declared  that  this  jiritish  hank,  in  his  o]iini<>n. 
had  done,  and  would  <lo,  nmre  jKcuniary  dam- 
a>re  to  New  Orleans,  than  the  British  army 
would  have  done  it  they  had  con(|uered  it  in 
lMir>.  He  verilieil  this  opinion  hy  iilerriie:  to 
the  imnxMi.-e  dividend,  upwards  nl'htilf  a  millioh 
a  yeiir,  drawn  from  the  hrancli  there;  the  iiii- 
lucnso  umountii  of  specie  drawn  from  it ;  the 


produce  carried  olT  to  meet  tlie  domestic  hilla 
ofexchan^re;  and  the  ei;:ht  and  a  half  inillionH 
of  deht  exiHtin^;  there,  of  which  five  nullionR 
weiv  created  in  the  last  two  years  to  answer 
elect ioiieirinu  pur|)oses.  and  the  <ollectioii  of 
whicli  must  paralyze,  for  years,  the  jrn.wth  of 
the  city.  From  further  daniajre  to  New  Or- 
lean»,  the  veto  messa):e  would  save  that  preat 
city.  JackHim  woiihl  l)e  lier  saviour  a  second 
time.  He  would  save  her  from  the  itritish  hank 
as  lie  had  done  from  the  Itritish  army;  and  if 
any  federal  liank  must  he  tliere,  let  it  Ik-  an  in- 
de|H>ndent  one;  a  m-parate  and  distinct  hank, 
which  would  save  to  that  city,  and  to  the  Valley 
of  the  Mississippi,  of  which  it  was  the  preat  and 
cherislied  emporium,  the  command  of  their  own 
moneyed  system,  the  repilation  of  their  own 
commerce  and  finances,  and  the  aceommodation 
of  their  own  citizens. 

"Mr.  It,  addressed  liimsidf  to  the  Jackson 
hank  men,  nresent  and  ahs4'nt.  They  mi;;lit 
continue  to  lie  for  a  hank  and  for  Jackson  ;  hut 
they  could  not  l»e  for  tltiit  hank,  and  for  Jack- 
son. This  liank  is  now  the  open,  as  it  Ion;; 
has  la-en  tlie  secri-t.  enemy  of  tiackson.  It  is 
now  in  the  hands  of  his  enemies,  wielding'  all 
its  own  money — wielding  even  tin-  n-venues 
and  the  credit  of  the  I'nion — wielding  twelve 
millions  of  dollars,  half  of  which  were  intt-nded 
to  he  paid  to  the  puhlic  creditors  on  the  first 
day  of  July,  hut  which  the  hank  has  retained 
to  itself  hy  a  false  representation  in  the  pre- 
tended hehalf  of  tl'e  nieichants.  All  this  moii- 
(-yed  power,  with  an  orpinization  wiiiih  per- 
vad»-s  the  continent,  working;  every  where  \\ith 
iinsei-n  hands,  is  now  o|Hiatin^  aL^aiu^t  the 
Pi'esident ;  and  it  is  inipossihle  to  he  in  tavot 
of  this  |K)wer  and  also  in  favor  of  him  at  the 
same  time.  Choose  ye  iH-twi-eii  them  !  '\'o 
those  who  think  a  hank  to  In-  indisiHii-ahle, 
other  alternatives  present  themselves.  Tiiey 
are  not  hound  nor  wj-clded  to  this.  New  Aiiiir- 
ican  hanks  may  he  create<l.  lUad,  sir.  Henry 
Parnell.  See  his  invincihle  reasoning,  and  iii- 
disputahle  facts,  to  show  that  the  Itank  of  Kn^'- 
lan<l  is  too  powerful  for  the  inonan-hy  «if  (ileal 
Hritain  !  Study  his  pliui  for  hreakiii^  uji  that 
gigantic  institution,  and  estaiilishinp:  three  or 
four  inde|H>ndent  hanks  in  its  pla<-i-,  w  hich 
would  he  so  much  less  dangerous  to  liherty. 
and  so  much  nafer  and  hetter  for  the  piople. 
In  tliese  alternatives,  the  friends  of  .lackson, 
who  are  in  favor  of  national  iianks,  may  find 
tin-  acctmiplishment  of  their  wishes  without  a 
sa(-rillce  of  their  principles,  and  without  coni- 
niittin^  the  suicidal  soU-cisni  of  lighting  agaiiir't 
him  whilt-  professing;  to  he  for  him. 

".Mr.  It.  addressed  himself  to  the  West — the 
gri-at,  the  generous,  the  hrave.  the  patriotic,  llie 
devoted  West.  It  was  the  selected  held  of  hut- 
lie.  There  the  conihine<l  forces,  the  national 
r^'pulilicaiis,  and  the  national  i'e|iMhlican  haiiK. 
wen-  to  work  top-thcr,  and  to  (ighl  togeilici'. 
The  holy  allies  understand  each  other.  They 
aiv  able  to  H]H.'uk  in  each  other's  names,  and  to 


ANNO  1832.     ANDREW  JACKSON,  IMMvSlbKNT. 


263 


10   tliitlM'Hlic  l>ill« 
il  u  Imlf  miliums 
I'h  live  inilliond 
yvnvs  to  niiswrr 
lu-  ii.lU-ction  of 
>.  tlu-  (Tii.wth  of 
ijro  to  Nfw  Or- 
Huvi'  timt  frniit 
Hiivioiir  n  HiToiid 
I  he  llviti.-li  liuiik 
ish  army  ;  »i"l  'f 
re,  lot  itlio  »"  i"- 
1)1  distinct  Imiik, 
itml  to  tlu-  ValU'y 
rtiis  tlu-  gri'iit  ami 
iinml  of  tluir  own 
ion  of  llu'ir  o\vn 
11'  atTommodalion 

r  to  tli«'  Jarkcon 
nt.     Tlu-y  niifilit 
for  .Iiickson  ;  Imt 
mk.  and  for  .liuk- 
ojMn,  as  it   lonj; 
)t'  .laoksoii.     It  is 
mit's,  wii'ldinj:  all 
von    tilt'   ivviiims 
— wioldinfr  twolw 
lich  won'  intondid 
litors  on  tlio  tirst 
l.iuik  liiis  rolainoil 
tation  in  tin-  l>iv- 
its.     All  llii^  nioii- 
Kiitinn  wliii'li   Iff- 
ovory  wluro  with 
atin};   mraiu^t    tin- 
to   lie  in  liivor 
tvor  of  liim  at  llio 
woon   tluni  !      'I'o 
!«•  indi.>iHn-id>lr, 
homwlvori.      'lliiy 
this.     New  Aniir- 
lUad,  sir.  llonry 
roasoninjr.  and  In- 
,  tlio  Hank  tif  Knj;- 
nonarcliy  «)f  tinat 
liroakiiic  up  that 
iiilishin-^  tlint'  or 
its    |ila<r.    which 
jrortms  to  lihorty. 
or  for  tin-  |Ho(ilo. 
■ionds  of  .lackson. 
I   lianks,  may  Und 
wislu'S  without  a 
an<l  without  <i>m- 
if  tifihting  ajiuin^t 
•r  him. 
(..  the  "Wi'st— the 
,  tho  {latriotic.  the 
looted  licdd  of  Imt- 
irt'os,  ti'.f  national 
ii'iiidilit'un  haiiK. 
to  light   tojiollur. 
.ai'li  othor.     'lliiv 
lor's  namos,  und  to 


fromisc  and  thrcaton  in  each  other's  behalf, 
'or  this  camiminn  tiio  hank  croateil  its  deht  of 
thirty  millions  in  tho  We.st ;  in  this  campaijin 
the  lisHociatc  loaders  nso  that  deht  for  their  own 
purposes.  N'ote  fur  Jiu-'.son !  and  suita,  jnd^- 
nx'uts,  and  e.xecntions  shad  sweep,  like  the  liesuni 
trdostnietion,  throu);h(>nt  the  vast  ropun  of  the 
AVost !  \'oto  apiainst  him  !  and  indolinite  indnl- 
coiKV  is  Imsoiy  promised!  The  deht  itself,  it  is 
preteiideil,  will,  perhaps,  ho  for^^iven ;  or,  at  all 
cviiit',  hardly  ever  collected!  Thus,  an  o|)en 
l>ril)e  of  thirty  millions  is  virtually  uilered  to 
ilio  West;  and,  lest  the  seductions  of  the  hrihe 
may  not  he  sutlicient  on  one  hand,  the  terrors 
of  destruction  are  hrundished  on  the  other! 
Wretched,  infatuated  men,  cried  .Mr.  It.  Do  they 
lliink  the  West  is  to  In;  bought  ?  Little  do  they 
know  of  the  (ronerous  sons  of  that  niagnilicent 
i'o;:ion !  poor.  imlM-il,  in  point  of  money,  tint  rich 
in  all  the  treasures  of  the  heart!  rich  in  all  tho 
<|uulities  of  freemen  and  republicans!  rich  in  all 
the  noliio  feelings  which  look  with  equal  kccm'U 
npon  a  hriU'  or  a  threat.  Tlio  hunter  of  the 
\Vost.  with  nKKcasins  on  his  feet, and  a  hunting 
shirt  drawn  around  him,  would  ro|iel  with  in- 
dignation the  hi<;host  brd)o  that  the  hank  coidd 
ollor  him.  The  wretch  (said  Mr.  Itenton,  with 
.isignilicunt  gesture)  who  dared  tootlerit,  wouhl 
.'.\|>iaio  the  insult  with  his  blood 

".Mr.  H.  rapidly  summed  np  *  h  a  view  of 
ilic  danp'rous  |iower  of  tho  bank,  and  tho  pro- 
si  lit  audacity  of  her  conduct.  She  wielded  a 
(|i  l»t  ot  seventy  millions  of  dollars,  with  an  or- 
tiauization  which  e.Ntendei!  to  every  part  of  the 
riiiou.  and  she  was  sole  mistress  of  llie  moneyed 
|MHVfr  of  the  republic.  She  had  thr  >wn  herself 
into  tiie  politi<'al  au'iia,  to  control  and  govern 
I  hi'  ])resii|ential  elect  ioii.  If  she  snccoeded  in 
tiiat  election,  she  would  wish  to  consohdate  her 
piiwor  liy  getting  control  of  all  other  elect  ions. 
('  )vei'nois  o(  Slates,  judges  of  tho  courts,  roi>- 
re.seiilatives  and  soinitors  in  Congress,  all  must 
iH'loiig  to  her.  Two  Senate  esjiecially  nnisl  be- 
Idiii:  to  her;  for.  there  lay  the  power  to  eon- 
linii  noniinatioitpand  lotry  inifteachnunts  ;  and. 
to  j;ct  jHissesMon  of  tiio  .Sonato,  the  legislatnies 
of  a  majority  of  the  .Sluios  wouhl  have  to  be 
acipiired.  'J'he  war  is  now  upon  Jackson,  and 
if  111'  is  defeated,  ail  the  rest  will  fall  an  ea.sy 
prey.  What  individual  could  staml  in  the  Si.Mi's 
a;:i(iiist  the  power  of  the  bank,  and  that  bank 
liiislnd  with  a  vicUny  over  the  eoiuinei'or  of  the 
ooiii|uerors  of  Honaparto  /  'I'lie  whole  govern- 
iiii'iit  wiiuid  full  into  the  hands  of  this  moneyed 
IMHver.  ,\ii  oligarchy  would  be  innnediately  e.s- 
tahli.^hed  ;  and  that  oligarchy,  in  a  few  genera- 
tiinis,  would  ii|Kn  into  a  monarchy.  All  govern- 
nu'Mts  nin>t  have  thoirond  ;  in  the  tap.se  of  time. 
liiis  republic  mu-t  pcrisli ;  but  that  time,  he  now 
tni>loi|.  w:is  far  distant;  and  when  it  comes,  it 
>liiiuld  coiiii'  ill  glory,  anil  not  in  shame.  Komu 
lia-l  her  I'liarsalia,  and  tirecco  her  t'lnoroneu; 
^iiid  this  ropniilic.  more  illustrious  in  her  birth 
tlian  (ii'occc  or  Homo,  was  entitled  to  a  death  a.'^ 
tiorious  as  thcir.s.    .She  would  not  die  by  poison 


— jR'rish  in  corruption — no!  A  field  of  nnnH, 
and  of  glory,  should  be  lier  end.  She  had  a 
right  to  a  battle — a  great,  immortal  battle — 
whero  heroes  and  patriots  could  die  with  llio 
lilx'rly  wliieh  they  .scorned  to  survive,  und  con- 
.seorate,  with  their  blooil,  the  sjriI  which  marked 
a  nation's  fall. 

'•  After  Mr.  B.  had  concluded  his  remarks,  Mr. 
C'lay  rose  and  said: — 

'■  The  senator  from  .Missouri  expresses  dissatis- 
faction that  the  siH'oches  of  some  Si'iiators  should 
iill  the  galleries.     He  has  no  ground  for  uneasi- 
ness on  this  score.     For  if  it  Ite  the  fortune  of 
some  senators  to  (ill   the  galleries  wlien  they 
sjH-ak,  it  is  the  fortune  of  others  to  empty  them, 
witli  whatever  else  they  till  trie  chamlier.     The 
senator  from  Missouri  has  every  ivason  to  bo 
well  satisiied  with  the  elloit  of  his  porfornnuico 
to  day  ;  for  among  his  auditoi-s  is  u  lady  of  great 
literary  eminence.     (Pointing  lo  Mrs.   Royal.] 
Tho  sen:(tor  intimates,  that  in  my  ix'marks  on 
the  message  of  the  President,  i  was  dotlcieiit  in 
a  projR-r  degree  oi  courtesy  towards  thatolHcer. 
Whether  niy  deportment  heiv  be  decorous  or 
not,  I  should  not  choose  to  lio  decided  ii])«m  by 
the  gentleman  from  .Missouri.     I  answereil  the 
I'lX'sident's  arguments,  and  gave  my  own  views 
of  tlie  facts  and  inferences  intri/duced  by  him 
into  his  message.     Tho  President  states  that  the 
bank  has  an  injurious  o|R'ration  on  the  interests 
of  tho  West,  u:  '.    'wells  upon   its  e.xhr.nsting 
elfects,  its  stri.    ■  ''.  .    o  coinilry  of  its  currency, 
iVc.  und  upon  ti»       i.   as  and  statements  I  com- 
mented in  a  manner  which  the  occasion  called 
for.     Jiut.  if  I  am  to  be  indoctiinatod  in  tho 
rules  <if  decorum,  I  shall  not  look  to  tho  gentle- 
man for  instruction,     i  shall  not  strip  him  of 
his   Indian  blankets  to  go  to  Boon's  Lick   for 
lessons  in  deportment,  nor  yet  to  the  Court  of 
Versailles,  which  he  eiilogi/is.     There  are  some 
IR'ciiliar  reasons  why  I  should  not  go  to  that 
K'liator  for  my  \  lows  of  decorum,  in  regard  to 
my  Ix'arinir  towards  the  chief  magistrate,  and 
'  wiiy  bo  is  not  a  lit  instriiclor.      I   never  had 
1  any  |Rr-onal    rencontre  with  the  President  of 
I  the  I  niiod  .Slates.     I   never  complained  of  any 
j  outrages  irii  uiy  jK-r.-^on  eonnnillcd  by  him.     I 
I  never  pnlili.-hed  any  bulletins  ixspocting  his  pri- 
vate brawl-      Tho  gentleman  will   understand 
[  111}'  allnsi  )n.     |Mr.  IJ.  said:  He  will  understand 
yon,  sir,  und  so  will  yon  him.)     1  never  cimi- 
pluined,  that  while  a  brother  ol  mino  was  down 
on  the  ground,  senseless  or  dead,  he  received 
another  blow.     I  have  never  made  any  declara- 
tion like  these  relative  to  the  individual  who  is 
President.    There  is  also  a  singular  prophecy  a.s 
to  tho  consoiiuonces  of  tho  (dection  of  this  indi- 
vidual, which  far  sar|>as.>^es,  in  evil  foivboding, 
whatever  I  may  have  ever  .sivid  in  regard  to  his 
election.     I  never  made  any  prediction  so  sinis- 
ter, nor  made  any  declaration  so  harsh,  as  that 
which  is  contained  in  the  prediction  to  which  1 
allude.     I  never  tlechuod  my  a|>pnhension  and 
belief,  that  if  ho  were  elected,  wo  should  bo 
obliged  to  legislate  with  pistols  uud  dirks  by 


984 


TIIIUTY  YKAliS-  Vir.W. 


■     f 


cHir  wide.  At  tlii"*  Inst  nfnpp  of  ilip  pc.''nmn  I  do 
not  rii'f  to  H'lu  \v  tlK'<lis«Mih!»inii  oftliiK  (iiivt^tion. 
I  only  rosi-  (o  ;;ivr  tlu-  i-lli:itor  from  SlisKoilli 
n  full  ii('<|iiillaii  i*.  and  I  truhl  tlicic  will  lit*  no 
fiirtlii'i'  occu;<ion  i'or  u]h-iuii^  a  new  nccoiint  with 
him. 

"Mr.  75.  nplicd.     It  is  tnii>,  .^r,  tlmt  T  had 
nn  nllVay  with  (imcrid  .fiMkson.  and  that  I  did 
complain  ol  his  conduct.     Wc  fouitht,  nir  ;  and 
wc  foiijjht,  I   hoiK',  iiiiv  ii'v»^     WlicM  tilt'  explo- 
sion was  ovii'.  ilnri'  remained  no  ill   will,  on 
eilher  side.     No  vilupenttion  or  sj-tem  of  jietty 
perseention  w.is  kept  np  lietween  ns.     Yes.  8ir. 
it  is  true,   thii!    I   had  the   personal  ditlicnlty, 
wliieh  the  .-enator  IVom  Kentucky  has  had  the 
delicacy  to  lirimr  li<fiic  the  .'Senate,     lint  let  me 
tell  the  scniiinr  from  Kentucky  theiv  is  no  ad- 
'jourmd  (lUcslioiMif  veraci'v' i)etween  me  and 
(leneral   ./aiks.n.      .\!1    dilliiMdl3'    hetween    us 
eudeil  with  the  ciciliit  t ;  and  a  few  months  after 
it,  I  helieve  tlial  either  party  would  cheCi-fiilly 
have  relieved  I  he  other  IVo':,  any  peril ;  and  ?i(.w 
we  shake  h.-iril-  iM:d  aie  friendly  wIhii  we  meet. 
I   rei>eal,  sir,  lli:'.t  ihe'i'  is  no  'ailjounied  (pies- 
lion  <  if  venicily'lui  wen  me  andtieneral.Ia<"kson. 
h.tauilin;:  ovirfw^i  ttleiiienl.    If  there  had  heen, 
a  [.iulf  would  iia\e  separated  us  as  deep  as  h'  il. 
".Mr.  it.  then  icfenvd  to  the  pi'ediction  aliejied 
hy  Mr.  I'lay,   (»    h.ive   heen  nmde  hy  him.     I 
have  seen,  he  s.iid,  u  placai'd,  lirst  issued  in  Mis- 
f;ouri.  and  r.  puMi.sl.ed  lately.     It  llrst  appeared 
i:!  lH2.'i.  and  stated  tliat  I  )uid  said,  in  a  puhlic 
c'ldrecs,    that   if  (ienend    .(aekso!i    should   he 
elected,  «(•  uithI   he  {.Miafrld  with  jjistols  and 
dirks  to  il  li'U'l  uid-ehes  m  hile  lejiislafiu;j:  here. 
This  went  the  rounds  of  the  paptrs  at  the  time. 
A  tientleman.  wi  II   aciniiint.  d   in  the  .State  of 
Missouri  (I'oi.  !.aw!e-s),  pid'lished  a  handhill 
denying  the  tri't!    ..f  the  htatenient.  and  callin;,' 
upon  any  p.  r-i  n  i  i  the  .State  to  name  the  time 
and  place,  when  uid  wlnTe,  any  such  address 
Inul  iteeii  h(  ard  from  nu-.  or  any  such  declara- 
tion made.     Colonel  I.awle.-s  was  jierfectly  fa- 
miliar with  the  campai;^u.  hut  he   coidd   nevtr 
meet  with  »  sin;:le  individual,  man,  woman,  or 
chilli,  in  the  State,  who  could  ncolKct  to  liave 
ever  hea'-d  any  such  remarks  from  me.     No  one 
fame  forward  to  nply  to  the  call.     No  one  liail 
ever  he.'ird  uu  make  the  declaration  which  wa.s 
charjjed  upon  me.     The  same  thinj:  has  lately 
heen  priule<l  here,  and,  in  the  ni;:ht,  stuck  up  in 
a  placard  upon  the  posts  an<l  walls  of  this  city. 
While   its  author   rtinained  concealed,  it  wtw 
iinpossihh'  for  mo  to  hoM  liini  to  aceonnt,  imr 
could  I  make  him  responsihie,  who,  in  the  dark, 
Bticks  it  to  the  posts  and  walls:  hut  since  it  is 
in  open   day  introduced    into   this   clunnher  I 
uin  en"hle<l  to  laei't  it  as  it  deserves  to  he  nu  t. 
I  Kce  who  it  is  that  u.ses  it  liere,  and  to  his  face 
[pointiuj:;  to  .\fr.  Clay  J  I   am  enahled  to  pro- 
nounce it,  as  I  now  do,  nn  atrocious  cahinmy. 

"Mr.  Clay. — The  assertion  that  there  is  'an 
adjourned  (piestion  of  veracity'  hetween  me  and 
Gen.  Jackson,  is,  whetlier  n\adi!  hy  nutn  or  mas- 
ter absolutely  fal.-e.    The  IMeaident  made  a  cer- 


tain chnrp-  fi}rain.'<t  nic.  nnd  he  referred  to  wit- 
iic  sse^t  to  pro\e  it.  I  denied  the  truth  of  the 
charp'.  lie  <'alled  upon  his  witness  to  jrovo 
it.  I  leave  it  to  the  comitry  to  say,  whetlier 
that  wilni'.«s  sustained  the  truth  of  the  Presi- 
dent's nlle;.:ation.  That  witness  is  now  on  his 
pas-atie  to  St.  IVteishnrp,  with  n  ctnimission 
m  his  pocket.  [Mr.  li.  here  faid  nlond,  in  IiIh 
place,  the  .Mississipjii  and  the  fisherieB — .Mr. 
Adams  .tud  the  Hsheries — i'v«'ry  Ixnly  under- 
sUunl.s  it]  Mr.  C.  said,  1  ilo  not  yet  understnnd 
the  seiiaior.  He  tlien  remarked  upon  the  'pre- 
diction' which  the  Pcnator  from  Missouri  had 
disclaimed.  Can  he,  said  Mr.  ('.,  htok  to  me, 
and  say  that  he  never  used  the  lanfrmijie  nttri- 
huted  to  him  in  the  jilacard  which  he  reft  I'M  to? 
lie  says.  Col.  Lawless  denies  that  he  nse<l  the 
wonls  in  the  State  of  Missouii.  Can  yon  look 
me  in  the  face,  sir  [addivssing  Mr.  H),  and  say 
that  3011  never  used  that  laiiguaj;e  out  of  the 
State  of  Missouri  ? 

"Mr.  15.  I  look,  (iir,  nnd  repeat  that  it  is  nu 
ati'oeii'Uis  calumny;  and  I  will  pin  it  to  him  who 
repeats  it  here. 

"Mr.  Clay.  Then  T  declare  before  the  Senate 
that  you  .said  to  me  the  very  words — 

"  [Mr.  !!.  in  his  place,  while  .Mr.  Clay  was  j'et 
speaking,  several  tin\e,s  loudly  ivpeated  the 
word  'false,  false,  false.'] 

"  Mr.  ( 'lay  .'^^aid,  I  tliu};  back  the  charfre  of  atro- 
cious ealinnny  upon  the  senator  from  Miss«)uri. 

A  call  to  order  wns  here  henrd  from  sevinil 
senators. 

''The  President,  pro  tern.,  snid,  the  pcnntor 
from  Kentucky  in  not  in  order,  and  must  take 
his  seal, 

".Mr.  Clay.  'Will  the  CImir  state  the  point 
of  order  { 

"The  Chair,  said  Mr.  Tazewell  (the  President 
pro  t(  m.),  cjin  enter  in  no  explanations  with  the 
sen.itor. 

"Mr.  Clav.  1  shnll  be  henrd.  I  demand  to 
know  what  point  of  order  can  l)e  taken  aiiiiinsi 
me.  wlii'h  nas  »iot  e(iuall_v  applicable  to  tin 
seiiatur  from  Mi.ssonri. 

"The  President,  pro  tern.,  stnte<i.  that  he  con- 
sidii'id  the  whole  discussion  Jis  out  of  order. 
lie  would  not  have  (leriuitted  it,  hud  he  het  n  in 
the  chair  at  its  commencement. 

".Mr.  Poinde.xter  said,  he  was  in  the  chair  at 
the  commencement  of  the  discussion,  and  did 
not  thill  see  lit  to  check  it.  Hut  he  was  now 
of  the  opinion  that  it  was  in  not  in  order. 

"Mr.  n.  I  npolof^ize  to  the  Senate  for  the 
maniu  r  in  which  I  have  spoken ;  but  not  to  the 
senator  from  Kentucky. 

".Mr.  Clay.  To  the  Senate  I  also  oiler  an 
apolojry.     To  the  senator  from  Missouri  none. 

"The  (juestion  was  here  called  for,  by  several 
senal<us,  and  it  was  taken,  as  heielofoie  re- 
ported. 

The  conclusion  of  the  debate  on  the  side  oi 
the  bank  wns  in  the  most  impressive  form  to  tlie 
fears  and  appreheiusions   of  the  country,  and 


ANNO  l%Vi.     ANDUKW  JACKSON.  I'lll-imDK.NT. 


2G5 


•  nf(  rii'il  t"  wit- 

tlu-    lllllll    1)1'    llif 

witiu'ss  to  |TOV0 
t(i  say,  wlietliiT 
itli  of  tlio  rii-si- 
^s  is  now  on  hiw 
th  n  t'(  mniission 
Pftid  nlond,  in  lim 
lie  fislu'riiK— Mr. 
ti-y   Ixnly   undci- 
ot  yet  undfiHtund 
t«l  Mjion  the  'i>re- 
nm  MiHsoiiri  lm«l 
.  <'.,  look  to  me, 
he  Itinfrtinjie  atlri- 
hicli  III'  rif*i»  ti>? 
that  lie  used  the 
li.    Csiii  yon  look 
5  Mr.  H.].'uiid  say 
iguajit  onl  of  the 

[•jicnt  that  it  is  au 
I  pin  it  to  him  who 

e  before  the  Senate 
word> — 

e  Mr.  (May  was  yet 
idiv    reiKUted    the 

:  thecharpeofatro- 
;orfiom  Missouri, 
heard  fnm\  sevenil 

.  said,  the  pcnator 
der,  and  must  taUe 

iiir  state  the  jioint 

,ell  (the  President 
ilauatious  with  the 

■ard.     1  demand  tn 
m  he  taken  anaius^l 
iipiilieahle   to   tliv 

■  tated,  that  he  eoii- 
us  out  of  onltr. 
it,  had  he  hcMii  in 
I. 

•as  in  the  chair  lit 

isnission,  and  <lid 

Ihit  he  was  now 

not  in  onler. 

the  Senate  for  the 

ien  ;  but  not  to  the 

ite  r  also  oiler  an 
m  Missouri  n<tue. 
ailed  for,  by  sivenil 
as  heretofore  re- 


mtc  on  the  side  oi 
iressive  form  to  the 
the  country,  and 


well  oaleidaled  to  alarm  and  rouse  a  comuuniity. 
Mr.  Web-tcr  i-oneluded  with  this  peroriitiou, 
jiresentin^adiri'fid  iiictuiv  of  distress  if  the  veto 
was  sustained,  and  portrayed  the  d<ath  of  the 
coi.-titiiiiou  l)efi>ro  it  had  uttiimed  the  liftieth 
yc  r  of  its  age.  lie  eoncluded  thus — little  ftire- 
beoi:i|l  in  how  few  years  he  wa.s  to  invoke  tho 
charily  of  the  world's  silence  and  oblivion  fur 
the  institution  which  his  rlietorie  tlien  exalted 
iulo  a  p-eat  and  k'nefleent  power,  indispensable 
to  tlie  well  workinj;  of  the  pnernment,  and  the 
veil  coiiduetiu};  of  their  affairs  by  all  the  people: 

'Mr.  President,  we  have  arrived  at  a  new 
e|i(ieh.  We  n\v  enteriii^j  on  e.speriments  with 
the  friiverninent  and  the  consiitntion  of  the 
routitry,  hitherto  untried,  and  of  fearftd  and 
ii)i|iallin>r  a>ipect.  This  messiifie  calls  us  to  the 
co'.ileniplatior  of  a  future,  which  little  resem- 
bles the  past.  Us  principles  ait;  at  war  with  all 
tliat  public  opinion  has  suvtained.  and  all  which 
the  experience  of  the  noveriniu'nt  has  sanctioned. 
It  denies  lirst  principles.  It  coiitratlicts  truths 
heretofoit!  received  as  indisputable.  It  denies 
to  the  judiciary  the  interpretation  of  law,  and 
(ieinands  to  divide  with  C'on;;res8  the  nrijii nation 
of  statutes.  It  extends  the  ;rrasp  of  Kxecutivc 
preti'iision  over  ever^'  power  of  the  povernment. 
Ihit  this  is  not  all.  It  presents  the  Chief  .Maj;- 
istrateofthe  Union  in  the  attitude  of  ariruinp 
away  the  powi  rs  i  f  that  government  over  which 
lu' has  been  cliosin  ti>  preside;  and  adoptiiifj, 
fir  this  jinrpose,  nxxlis  of  reasoniuf;  which, 
even  under  the  inllueiue  of  all  proper  feeling 
towards  high  (ifUcinl  station,  it  is  diflicult  to 
rt'irard  as  respectable.  It  appeals  to  every  pre- 
jiuliie  which  may  la-tray  men  into  a  mistaken 
view  of  their  own  interests;  and  to  eviry  pas- 
sion which  may  lead  them  to  di^oln-y  the  im- 
jmlses  of  their  understanding.  It  urges  all  the 
8|icriims  topics  of  State  rights,  and  national  en- 
croachment, against  that  which  a  great  majority 
of  the  States  have  allirined  to  be  rightful,  and 
ill  which  all  of  them  have  ac(piie»ced.  It  sows, 
in  an  unsparing  manner,  the  seed.-<  of  jealousy 
and  ill-will  against  that  government  of  which 
its  author  is  the  olllcial  head.  It  raises  a  cry 
thiit  liberty  is  in  danger,  at  the  very  moment 
when  it  puts  forth  claims  to  power  heretofore 
inikmiwu  and  unheai'd  of.  It  all'ects  alarm  for 
the  piilili(;  freedom,  when  nothing  so  nuich  en- 
il;in^:ers  that  friedom  as  its  own  unparalleled 
pretences.  This.  even,  is  not  all.  It  manifest- 
ly Sicks  t'l  inlluence  the  poor  against  the  rich. 
It  wantonly  attacks  whole  classes  of  the  people, 
fir  the  purpose  of  turning  again.-t  them  the  pre- 
jmlici's  and  resentments  of  other  classes.  It  is 
11  state  paper  which  tinds  no  topic  too  exciting 
fii'ilsiise;  no  pas>ioii  too  inflaniuiable  for  its 
a<l(liess  and  its  solieitatioii.  Such  is  this  mes- 
^a^e.  It  remains,  now,  for  tho  people  of  the 
United  .States  to  choose  between  the  principles 


here  ovowcd  and  their  government.  These 
caimot  subsist  togethei'.  'I'he  one  or  the  other 
nnist  be  rejected.  If  the  sentiments  of  the 
nusMige  shall  receive  geiicnd  approbation,  the 
((institution  will  have  iMri.-hed  even  earlier  than 
the  moment  which  its  enemies  originally  allowed 
for  the  termination  of  its  existence.  It  will  not 
have  survived  to  its  tlftieth  year." 

On  the  other  hand,  Mr.  White,  of  Tcimcssee, 
I  exalted  the  merit  of  the  veto  me.-.sige  above  all 
the  acts  of  General  Jackson's  life,  and  claimed 
,  for  it  a  more  enduring  fume,  and  deepiT  grati- 
tude than  for  the  gn-atest  of  his  victories :  and 
concluded  his  speech  thus : 

"  When  the  excitement  of  the  lime  in  which 
'  we  act  shall  have  passed  away,  and  the  histori- 
an and  biographer  shall   be  employed  in  giving 
j  his  account  of  the  acts  of  our  most  distinguished 
'  publv  men,  and  comes  to  the  name  of  Andrew 
'  Jackson;  when  lie  shall  have  recounted  *\ll  the 
'  great  and  good  deeds  done  by  this  man  in  the 
course  of  a  long  and  eventful  life,  and  the  cir- 
cumstances under  which  this  message  was  cnm- 
,  nnuiicated  shall  have  been  stiite<l,  the  <'onclusion 
I  will    be,  that,  in  doing  this,  he   has   shown  a 
I  willingness  to  risk  more  to  promote  the  happi- 
j  ness  of  his  fellow-men,  and  to  secure  their  lib- 
;  erties.  than  by  the  doing  of  any  other  act  what- 
■  ever." 

I  And  such,  in  ni}-  opinion,  will  be  the  judg- 
ment of  posterilj' — the  jtidgmeiit  of  posterit}'', 
if  furnished  with  the  material  to  ajipreciatc  the 
cii-cumstances  under  which  he  acted  when  sign- 
ing the  message  which  was  to  decide  the  qtie.s- 

,  tion  of  supremacy  between  the  bank  and  tho 
government. 


CIIAPTKR    LXIX. 

THE  IMtOTiXTlVli  SYSTEM, 

rill',  cycle  had  come  round  which,  i)ei iodically, 
and  once  in  four  years,  brings  up  a  presidential 
election  and  a  tarilf  discussiivn.  The  two  events 
seemed  to  be  inseparable ;  and  this  being  tho 

I  fourth  year  from  the  great  tarilf  debate  of  1828, 
.and  the  fourth  year  from  the  last   presidential 

I  election,  and  being  the  long  .'•ession  which  jiie- 
cedes  the  election,  it  was  the  one  in  regular 
cour.se  in  which  tho  candidates  and  their  Iriends 
imike  the  greatest  eilbrts  to  operate  upon  public 
opinion  through  the  measuivs  which  they  pro- 

j  pose,  or  oppose  in  Congres.s.    Added  to  this,  tho 


2GG 


Timi'n'  YKAUs'  vii:w. 


•;    f 


0i 


If  I 


,,|li 


election  Iwinpc  otii'  on  wliirh  not  only  n  clinnjii' 
of  |iolitic:il  imrlics  (l(>|H'nili'(i,  l)ut  nUo  a  socoml 
trial  of  till'  (iwliiMi  in  liic  IIouko  of  lloprcsfntu- 
tivfs  in  lM:Jt-'l''>,  in  wliich  Mr.  AdiiinN  a.;<l  Mr. 
Ciny  trinni|iliLMl  ovi,«r  (U'nerul  .Fiickson,  will;  the 
ndviintapc  on  their  siilo  now  of  both  la-injj;  in  Con- 
jtrc-is:  for  llu'w  ri'iisons  this  Hi'ssinn  iH-ciunc  the 
most  prolilic  of  party  topics,  and  of  pnrty  con- 
testH,  ofnny  one  ever  mrn  in  the  nnnnis  of  our 
Coniiross.  And  crrtiiinly  tliore  were  larfje  siih- 
jeets  to  lie  lironi^hl  hi  lure  the  jKopIe,  and  j;real 
talents  to  ap|H-ar  in  tlieir  snpporl  and  defenix'. 
The  renewal  of  ilie  national  hank  charter — tlie 
continuance  of  the  protective  system — internal 
improvement  hy  the  federal  government — divi- 
xion  of  tlie  piihlie  lanil  money,  or  of  tlio  lands 
them.«elv«'s — colonization  .society — 1>.\ tension  of 
pi'nsion  list — (ieorjiia  and  the  Clu-rokees — (Jeor- 
gia  and  the  Supreme  Court — imprisoned  mis- 
sionnries — were  all  lirou;:ht  forward,  and  pressed 
with  zeal,  hy  the  party  out  of  power;  and  pressed 
in  n  way  to  show  their  conneition  with  the 
presidential  canvass,  and  the  reliance  upon  them 
to  jrovern  ils  result.  The  party  in  power  were 
cliielly  on  the  tlefensive ;  and  it  wa«  the  com- 
plete civil  r''i)resenlatii>n  of  a  military  attack 
and  defence  of  a  fortified  place — a  sie^e — with 
iis  open  and  covert  attacks  on  one  side,  its  re- 
pidses  an<l  sallies  on  the  otlu-r — its  Huppin;;s 
and  minin'.'s,  as  well  as  its  open  tluniderin;; 
u.ssaults.  An<l  this  continued  for  .seven  loii}; 
months — from  December  to  July  ;  fierce  in  the 
he;;imiin}r,  and  iHcominpr  mori'  so  from  day  to 
day  until  the  last  hour  of  the  last  davof  the  ex- 
hausted ficssiou.  It  was  the  most  fiery  and 
eventful  session  that  1  hail  then  seen — or  since 
seen,  except  one — the  panic  session  of  IH.'Jt-';!.'). 
The  two  leading  measuri's  in  this  plan  of  opera- 
tions— the  hank  and  the  tarilf — were  brou|rht 
forwanl  sinniltnneonsly  ami  <niickly  —  on  the 
same  day.  and  \iniler  the  same  lend.  The  me- 
morial for  the  renewal  of  the  hank  charter  was 
presented  in  tlie  .Senate  on  the  l>lh  day  of  January : 
on  the  same  day,  am"  as  soon  as  it  was  rifcrivd, 
Mr.  Clay  siilnnitted  a  resolution  in  relation  to 
the  taritr,  and  delivered  a  speech  of  time  <lays' 
duration  in  support  of  the  American  .system. 
Tiie  I'resideiit  in  his  messa^  .  and  in  vii'W  of 
the  approachinii  extinction  of  the  jjiihlic  debt — 
then  reduced  to  an  event  of  ci-rtaiiity  within  the 
t-nsuinp  year — recommended  the  abolition  of 
duties  on    numerous  articles  of  neccessity  or 


comfort,  not  produced  at  home.  Mr.  CIny  pro- 
posed  to  make  the  reduction  insubordinution  to 
the  preserva'ioii  of  the  '•American  system:" 
and  this  o|Kned  the  whole ipiestion  of  free  trade 
and  protection  ;  und  occasioned  that  (ield  to  bo 
trod  over  a;;uin  with  all  the  vi};or  of  u  fresh  ex^ 
plonition.  Mr.  Clay  opened  his  great  >peech  with 
n  iX'trosp«'ct  of  what  the  iiuiilition  of  the  country 
wa.s  for  seven  years  before  the  tan  ill' of  IK21, 
and  what  it  had  Iscnsinci — the  lirst  a  periotl  of 
niiprecedeiili'd  calamity,  the  latter  of  erpiaily 
unjirecedented  proM|K'rity: — and  he  mndi-  the 
tMo  conditions  t(|ually  de|iendeiit  u|)on  the  ab- 
sence aii<l  presence  of  the  protective  system, 
lie  said : 

"  Kight  years  a^o,  it  \.a.s  my  painful  duty  to 

pie-ient  to  the  other  House  of  Coujiress  an  lui- 

e.xajrjrerated  jiicture  of  the  jreiieial  distress  per- 

vadinjr  the  whole  land.     We  must  all  \et  ri'- 

memher  some  of  its  frip;htful  features.     We  all 

know  that  the  |tt(iple  were  then  oppressed  and 

borne  down  by  an  enornioiis  load  ol  dibt ;  that 

I  the  value  of  pro|Mrty  was  at  the  lowe.«t  point  of 

I  depression ;    that    ruinous   sales   and   sacrilices 

!  were  every  wheix-  made  of  nul  estate;  that  stop 

I  laws  and   nlief  laws  and    pajKr  money    weM> 

I  adopted  to  save  the  people  fioiii  iiupeiidin);  di- 

struction ;  that  a  delicit   in   the  public  leveiine 

I  existed,  which  compelled  tjovernment  to  seize 

I  u|ion,  und  divert  fmni  its  lejfitimate  object,  the 

appropriation  to  the  sinking-fund,  to  redeem  the 

national   tU'bt ;    and    that   our   commerce    and 

iiavipition    were    threatened    with   a   eompUie 

paralysis.     In  short,  sir,  if  I   were  to  seUcl  ,,iiy 

term  of  seven  years  since  the  adoption  (jf  the 

present  constitution,  which  cxliibited  u  scene  of 

the  most  wide-spread  dismay  und  desolation,  it 

would  be  e.xactly  the  term  of  seven  years  whieh 

immediately  preceded  the  estublishmeiit  of  the 

tarilf  of  18  J4.'' 

This  was  a  faithful  picture  of  that  culnmitous 
period,  but  the  argument  derived  from  it  vus  a 
two-eilged  sword,  which  cut,  and  deeply,  into 
;  another  measure,  also  lauded  us  the  cause  of  the 
public  prosjierity.     These  .seven  years  of  nation- 
al distress  which  immediately  preceded  the  tarilf 
of  l.H'J4,  were  also  the  same  seven  vear.s  whieh 
!  immediately   followed  the  estublishinent  of  the 
I  national  bunk  ;  and  which,  at  the  time  it  was 
cliartered,  was  to  be  the  remedy  for  all  the  dis- 
I  tress  ninler  whieh  the  country  labored:  besides,, 
I  ihe  protective  system  was  pctuully  commenced 
in  the  year  18I(J — cimtemporanecmsly  with  the 
establishment  of  the  national  bank.    lieforc  IKK), 
protection  to  home  industry  had  been  nn  inci- 
I  dent  to  the  levy  of  revenue;  but  in  IblG  it  be- 


ANNO  1833.     ANDUKW  JAt^KHi^N,  PUK^IDKNT. 


267 


no.  Mr.  Clny  jiro- 
in  niilxinlinutiiiii  tu 
iiuricaii  >y.»U'iu:" 
icHtion  of  frco  triulu 
iiimI  that  fUM  to  l>o 
vi;;or  of  U  flrwli  iX- 
iis|i;ivutnii'i'fh  Willi 
itioii  of  llic  country 
tlic  turrilfof  It^Ul, 
•IIk-  lirrtl  II  piTioil  of 
•  lattir  of  I'rumiiy 
-and  111'  iiuulc  llu' 
mil  lit  u|K>ii  till'  a))- 
Iirotictive  syHtciii. 

my  |iaiiiful  linty  to 
of  ConjiriHH  an  iin- 
U'l'ii-ial  ili-trtss  |HT- 
^'i-  must  all  .M't  n-- 
iil  fi-atiiri's.  \Vi'  all 
tlii'ii  o|ii)i'('SM>il  ami 
rt  load  ol  ill  lit ;  tliat 
t  tlif  lowf.-t  jtoiiit  of 
Kiik's  ami  Micririics 
■iiil  i>t:iti';  tliut  sti'p 

paiKT  moiu'V    will' 
fioiii  ini|u'nilin^  ili- 

tlu'  pnlilic  ifvi'iiiii' 
^roviTiinifnt  t>>  W'i/i' 
i';iitiniatf  oKjtrt,  tin- 
;  fund,  to  ri(Ki-m  tlic 
our  foniimroo  ami 
■d  witli  u  I'omiUtc 
1  wiTi'  to  wliit  .iiy 
llio  ud('i)tion  of  tliL' 

t'xliibitid  u  .-tvni'  of 

y  and  di'holution,  it 
Hi'Vi'U  yunrs  whicli 

.stalilirilimi'nt  of  the 


of  that  calnmitoiis 
ivi'd  from  it  vii«  a 
a,  and  dfiply,  into 
d  us  tlif  cauao  i>f  lliu 
in  yt'ur.s  of  iintion- 
y  jirt'Ci'dcd  the  tariff 
sevfH  years  which 
stubliKliment  of  the 
at  the  time  it  was 
ncdy  for  all  the  dis- 
ry  labored:  bcsiiK'*., 
ctnally  coinincnaJ 
iraneously  with  the 
bank.  Hefore  ISK;, 
r  Imd  been  ftii  inci- 
but  in  18lGitbo- 


tanie  an  object.  Mr.  Clay  thn^^  deduced  the 
origin  ami  progress  of  the  |)ii(tecli\e  policy: 

•  It  bepan  on  the  over  memornble  -Ith  day  of 
.Iiilv— the  Ith  of  .liilv.  ITH'.t.     The  second*  act 

uliirli  htiind-»  ri ideil  in  the  statute  Ixiok,  iH'ar- 

iii.r  till'  illMstriouf  ni^rnatiire  of  ( ieoijre  Wa>hiiij;- 
tnii  laid  the  corner  ntone  of  the  whole  HyHfeni. 
Thiit  there  mijiht  U'  no  inistake  ubout  the  mat- 
li  r,  it  Will*  then  Kolemly  piiH-hiiined  to  the  Anii- 
rieaii  ]>ei>|>Ie  and  to  the  world,  that  it  wu-'  iiirm- 
niiri/tir  'the  e!icoiira;:enient  and /*/o/<(7/o;;  of 
iiciiinfaetuivs,"  (hat  diitic''  fdioiilil  lie  laid.  It  is 
in  vain  to  iir^e  the  small  amount  of  the  mensnre 
of  piotiction  then  extended.  The  peat  princi- 
ple u:i>  then  established  by  the   fat:    rs  of  the 

( stitutioii,  with  the  fat  her  of  his  country  at 

thi'ir  head.  And  it  cannot  now  be  ipiestioned, 
tint,  if  the  f:overnniei.t  had  not  then  been  new 
and  the  subject  untried,  a  ^jnater  measure  of  pro- 
ti'ctiou  would  have  been  applied,  if  it  hud  Uen 
supposed  necessary.  .'^h<)I•lly  after,  the  miLster 
iiiimls  of  .lellerson  and  Hamilton  w<i<'  broii);ht 
to  act  on  this  interest iiijrsubjict.  Takinjr  views 
III  ii  apperttiiiiin;:  to  the  departments  of  forei^'ii 
air:iir->  and  of  the  tivusiiry.  wliieli  they  ieS|Ki  t- 
ively  (iiled,  tlie^  presented,  severally,  reports 
\vlii<li  yet  renuiin  monuments  of  their  profound 
wi'iloni.  and  came  to  the  Kunie  conclusion  of  pro- 
(■(•tioii  to  American  industry.  Mr.  .lellerson 
iiiL'iied  tliat  forei;;n  re«trietioiis,  forei;rn  piohibi- 
tion^  and  forei}:n  hi^ili  duties,  oii;;ht  to  be  met, 
;'  liiiiie,  by  AtiKTicaii  restrictions,  Ameiiean 
pi'ohiliitions,    and  Anieiican    hi);li  duties.     Mr. 

II  iiiiiliou,  surveyin;j  the  entire  ^'itiund,  and  look- 
iu'.'  at  the  inheri'iit  nature  of  the  subject,  tieated 
it  with  an  ability  which,  if  evere(|ualled,  lia.snot 
Ihcii  surpassed,  und  earnestly  n-eommemled  pro- 
ttelion. 

"The  war.sof  the  French  revolution  eonunen- 
ir<l  aliont  tlii.s  period,  and  streams  of  (filil  |>«iiuvd 
iiitii  the  Cnited  States  through  a  tiiousund  chan- 
iii'ls,  opened  or  enlarjjed  by  ilie  suens>ful  coin- 
imrce  which  our  neutrality  i  .labled  us  to  prose- 
nite.  We  forjiut,  or  overlooked,  in  the  freiieral 
]ir(i-*IK'rity,  the  iK-cessitv  of  eiicourajrinn  our  do- 
luisiii  minnfm'ture.s.  'I'lien  came  the  edicts  of 
.Na|i(iKon.and  the  British  orders  in  council;  and 
iiiir  eiiiliar;;o,  iion-intercoursi'.  non-importation, 
'iiid  war,  followe<l  in  rapid  ;.uc(r<sion.  Tbi^se 
national  inetwiireH,  amount  in;;  to  a  total  sus|M-n- 
sioii,  for  the  |>eriod  of  tin  ir  duration,  of  our 
foiviL'ii  coiiimerci',  allofded  tlit  in  -t  elHcacious 
liii'iiiirairemeiit  to  American  nianiifaitures;  and, 
atcdiilinnly.  they  every  where  sprung'  up.  Whi  t 
llii-e  measures  of  restriction  and  this  slat  {  war 
(imiiniied  the  niunufactuixis  were  .stimulated  in 
tlii'ir  enterprises  by  every  assurance  of  sup|M)rt, 
tiv  public  sentiment,  and  by  lenislat've  resolves. 
It  was  tiboiit  that  jieriixl  (lt«tH)  that  South 
Carolina  bore  her  hi^h  ti'^timony  to  the  wih.h'm 

III  the  pi  licy,  in  an  uel  of  her  legislature,  the 
iniamlje  of  which,  now  brfoie  me,  reads: 
'Whereas  the  establishment  and  iiiO'id'tt^'ftmitt 
ofilunie^lic  manufactures  is  conducive  to  the  in- 


terest of  a  State,  bv  addiu;<  new  iiu-i'iillriit  dt 
iiiihiMiij.  and  as  Ix-injj  the  means  of  di-'posinj;, 
to  advantage,  the  surplus  prodiietioii"  of  the 
inrrinilliiriHl :  And  whereas,  in  the  present 
une.vampled  state  of  the  world,  their  e>iaMisli- 
nieiit  in  our  country  is  not  only  ij-fmlu'  I.  but 
politic,  in  renderintj  us  imli fifuiliiit  ol'  foreij;n 
nations.'  Tlie  lenislatiin'  not  biiii)^  compelent 
to  alford  the  most  etlicai  i  us  aid,  by  impo-in){ 
duties  on  foreign  rival  articles,  proceeded  to  in- 
corporate a  company. 

■•  I'ei.ce.  under  the  Treaty  of  riheiit.  returned 
in  bSb'i,  but  theiv  did  not  return  with  il  tho 
pildeii  days  wliii-h  preci-ded  the  eilicts  levelled 
at  our  commerce  by  (ireat  Ibitain  and  I' ranee. 
It  found  all  Kurope  tran<juilly  resuming:  the  arts 
and  the  bii.siness  of  civil  life.  It  foiinil  Kurope 
no  loii}p'r  the  consnnier  of  our  suri)liis,  and  the 
einplover  of  niir  niivi;;atioii,  but  eMliidin-i,  or 
heavi!  burdening;,  almost  all  (he  prodiieiioiis 
of  our  a^iricultnre,  and  our  livaK  in  m:i;nifae- 
tiires,  in  n  ivi;:»tion,and  in  coniinerce.  It  found 
our  country,  in  short,  in  a  .-itii.ition  totally  ilif- 
fereiit  from  all  the  past — new  und  iinlrieil.  It 
beeiime  necessary  to  adapt  our  laws,  :iid  esjs'- 
cially  our  laws  of  import,  to  the  new  eireiiin- 
staiiees  in  which  we  found  our-elves.  It  has 
been  said  that  the  tarifTof  IHlli  was  a  lueasurv 
of  ineiv  n-venue ;  and  that  it  only  reiln  id  the 
war  duties  to  a  |N-ace  standard.  It  is  true  that 
the  ipies:  >ii  then  was,  how  much,  and  in  what 
way.  should  the  double  duties  of  the  war  1h-  re- 
duced ?  Now,  also,  the  question  is,  on  what 
articles  shall  the  diiti"  ■*  be  reduced  so  a^  to  .••iil> 
ject  the  amount  of  the  future  itveniie  to  tho 
wants  of  the  jrovernment  ?  Then  it  was  di  ri- 
ed  an  im|uiry  of  the  lir>t  impordime  is  it 
should  be  noe,-,  how  (he  ii'diiclion  should  bo 
made,  m)  us  to  secure  pro|H-r  enci)uiiit:enient  to 
our  domestic  imlustry,  TJiat  this  was  a  lead- 
ing; object  in  the  iirran^iement  of  ti.e  tarilf  of 
l>*l(i,  I  well  rememlK  r,  and  it  is  demonstniteil 
by  the  lanj;iiaf:e  of  Mr.  Dallas. 

'•The  subject  of  the  Americnn  system  \va.s 
apiin  broudhl  up  in  I  'J'l,  by  the  bill  re|M»rted 
by  ti  ehairmaii  of  the  Committee  on  .Manufac- 
tures, ,  )W  a  menilK'r  of  the  bench  of  (he  Su- 
preme Court  of  the  Cnited  States,  and  (he  )irin- 
ciple  was  successfnllv  maintained  by  the  repre- 
sentatives of  the  i  ople  ;  but  the  bill  which 
they  pas  I  was  ilefeated  in  the  Senate.  It 
\\  IS  levivid  in  IS'Jl,  the  whole  jriouiid  eari'fiilly 
and  deliberately  explored,  and  the  bill  (hen  in- 
troduced, rewiviiiij:  all  the  sanctions  of  the  con- 
Htilution.  Tlii>  act  of  \H'2\  needed  ameudments 
in  some  pannulars,  which  weiv  attempted  in 
IH'.'",  but  ended  in  some  injuries  (o  the  systi  in ; 
and  now  the  whole  aim  was  to  sa\e  an  existing 
system — not  to  create  a  new  "ue." 

And  he  sn>:<med  nj)  his  jioliey  thus  : 

"  i.  That  the  noliey  whii  h  we  have  been  con- 
siderinj;  •  U};ht  to  continue  to  be  re^aided  iw 
the  jreniiine  American  system. 

"2.  That  the  free  trade  system,  whicli  is  pro- 


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Photographic 

Sciences 

Corporation 


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23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)S72-4S03 


g5"w 


II' 


268 


THIRTY  YEARS'  VIEW. 


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posed  iis  its  substitute,  ought  really  to  be  con- 
sidered as  the  British  colonial  system. 

".').  That  the  American  system  is  beneficial 
to  all  parts  of  the  Union,  and  absolutely  neces- 
sary to  much  the  larger  portion. 

"  4  That  the  price  of  the  great  staple  of  cot- 
ton, and  of  all  our  chief  productions  of  agricul- 
ture, has  been  sustained  and  upi.cld,  and  a  de- 
cline averted  by  the  protective  system. 

"5.  That,  if  the  foreign  demand  for  cotton 
has  been  at  all  diminished  by  the  operation  of 
that  system,  the  dhninution  has  been  more  than 
compensated  in  the  additional  demand  created 
at  home. 

"  G.  That  the  constant  tendency  of  the  sys- 
tem, by  creating  competition  among  ourselves, 
and  between  American  and  European  industry, 
rec'.procally  acting  upon  each  othei",  is  to  reduce 
prices  of  manufactured  objects. 

"7.  That,  in  point  of  fact,  objects  within  the 
scope  of  the  policj'  of  protection  have  greatly 
fallen  in  price. 

"  8.  That  if,  in  a  season  of  peace,  these  bene- 
fits are  experienced,  in  a  season  of  war,  when 
the  foreign  supply  might  be  cut  off,  they  would 
be  much  more  extensively  felt. 

"9.  And,  finally,  that  the  substitution  of  the 
British  colonial  system  for  the  American  sys- 
tem, without  benefiting  any  section  of  the 
Union,  by  subjecting  us  to  a  foreign  legislation, 
regulated  by  foreign  interests,  would  lead  to 
the  prostration  of  our  manufactures,  general  im- 
poverishment, and  ultimate  ruin." 

Mr.  Clay  was  supported  in  his  general  views 
by  many  able  speakers — among  them.  Dicker- 
sou  and  Frelinghu3  sen  of  New  Jersej' ;  Ewing 
of  Ohio;  Holmes  of  Maine ;  Bell  of  New  Hamp- 
shire ;  Hendricks  of  Indiana ;  Webster  and  Sils- 
bee  of  Massachusetts  ;  Bobbins  and  Knight  of 
Rhode  Islfind ;  Wilkins  and  Dallas  of  Pennsyl- 
vania ;  '^-prague  of  Maine ;  Clayton  of  Delaware ; 
Chambers  of  Jlaryland ;  Foot  of  Connecticut. 
On  the  other  hand  the  speakers  in  opposition 
to  the  protective  policy  were  equally  numerous, 
aident  and  able.  They  were :  Slessrs.  Haync 
and  Miller  of  South  Carolina ;  Brown  and  Man- 
gum  of  North  Carolina;  Forsyth  and  Troup  of 
Georgia;  Grundy  and  White  of  Tennessee; 
Hill  of  New  Hampshire  ;  Kane  of  Hlinois  ; 
Benton  of  Missouri ;  King  and  Jloore  of  Ala- 
bama ;  Poindexter  of  Mississippi ;  Tazewell 
and  Tyler  of  Virginia ;  General  Samuel  Smith 
of  Maryland.  I  limit  the  enumeration  to  the 
Senate.  In  the  House  the  subject  was  still 
more  fully  debated,  according  to  its  numbers ; 
and  like  the  bank  question,  gave  rise  to  heat ; 
and  was  kept  alive  to  the  last  day. 

General   Smith  of  Maryland,  took  up  the 


question  at  once  as  bearing  upon  the  harnidny 
and  stability  of  the  Union — as  unfit  to  ne 
pressed  on  that  account  as  well  as  for  its  own 
demerits — avowed  himself  a  friend  to  inr.MfiitjJ 
protection,  for  which  he  had  always  voted,  iiiid 
even  voted  for  the  act  of  18in — which  he  con- 
sidered going  far  enough;  and  insisted  tliat  nil 
"manufacturers"  were  doing  well  under  it,  iir.d 
did  not  need  the  acts  of  1824  and  1828,  whicli 
were  made  for  "capitalists" — to  enable  thtni  to 
engage  in  manufacturing;  and  who  had  not  tlie 
requisite  skill  and  care,  and  suilered,  and  called 
upon  Congress  for  more  assistance.    He  said  : 

"  We  have  arrived  at  a  crisis.  Yes.  Jlr.  Presi- 
dent, at  a  crisis  more  appalling  than  a  day  of 
battle.  I  adjure  the  Conmiittee  on  ]Manul'ac- 
*ures  to  pause — to  reflect  on  the  dissatisfaction 
of  all  the  South,  South  Carolina  has  expres.=ed 
itself  strongly  against  the  tariff  of  1828 — 
stronger  than  the  other  States  are  willing  to 
speak.  But,  sir,  the  whole  of  the  South  feel 
deeply  the  oppression  of  that  tariff.  In  this 
respect  there  is  no  difference  of  ojjinion.  The 
South — the  whole  Southern  States — all,  v-.m- 
sider  it  as  oppressive.  The}'  have  not  yet 
spoken;  but  when  they  do  s])eak,  it  will  lie 
with  a  voice  that  will  not  implore,  but  will  (U- 
mand  redress.  How  much  better,  then,  to  grant 
redress  ?  How  much  better  that  the  Commit- 
tee on  Manuf\ictures  heal  the  wound  wliich  ha.s 
been  inflicted  ?  I  want  nothing  that  shall  in- 
jure the  manufacturer.     I  only  want  justice. 

"  I  am,  Mr.  President,  one  of  the  few  sui  vi- 
vors  of  those  who  fought  in  the  war  of  the  revo- 
lution. We  then  thought  we  fought  for  liberty 
— for  equal  rights.  We  fought  against  tiixii- 
tion,  the  proceeds  of  which  weie  for  the  benefit 
of  others.  Where  is  the  difference,  if  the  peo- 
ple are  to  be  taxed  by  the  manufacturers  or  by 
any  others  ?  I  saj'  manufacturers — and  why 
do  I  say  so ?  When  the  Senate  met,  theie  was 
a  strong  disposition  with  all  parties  to  amelio- 
rate the  tariff  of  1828  ;  but  I  now  .sec  a  change, 
which  makes  me  almost  despair  of  any  thing 
efl'ectual  being  accomplished.  Even  the  small 
concessions  made  by  the  senator  from  Ken- 
tucky [Mr.  Clay],  have  been  reprobated  by  the 
lobby  members,  the  agents  of  the  manufac- 
turers. I  am  told  they  have  put  their  flat  on 
any  change  whatever,  and  hence,  as  a  con.se- 
quence,  the  change  in  the  course  and  language 
of  gentlemen,  which  almost  precludes  all  hope. 
Those  interested  men  hang  on  the  Committee 
on  Manufactures  like  an  incubus.  I  say  to  that 
committee,  depend  upon  your  own  good  judg- 
ments— survey  the  whole  subject  as  politicians 
— discard  sectional  interests,  and  study  only 
the  common  weal — act  with  these  views — and 
thus  relieve  the  oppressions  of  the  South. 

"I  have  ever,  Mr.  President,  supported  the 
interest  of  manufactures,  as  far  as  it  could  bo 


!l  :;'!|: 


ANNO  1832.    ANDREW  JACKSOX,  PRESTDEXT. 


269 


;  upon  the  hanndny 
ion — as  luifit  to  no 
s  well  as  for  its  own 
a  friend  to  inclciitJil 
1(1  always  voted,  and 
181fi — which  lie  con- 
and  insisted  that  all 
np;  well  inider  it.  ar.d 
[824  and  1828.  whirh 
» — to  enable  theni  to 
and  who  had  not  the 
d  snllered,  and  called 
ssistancc.     He  said : 

risis.     Yes.  Jlr.  Prcsi- 
pallinsr  than  a  day  (if 
nimittee  on  Maniifac- 
on  the  dissatisfaction 
'arolina  has  expressed 
the    tariff  of    1828— 
States  are  willing:  to 
ole  of  the  South  feel 
r  that  tariff.     In  this 
■encc  of  opinion.     The 
hern  States — all,  oiu- 
They   have   net  yet 
do  speak,  it  will    lie 
t  implore,  hut  will  dc>- 
;hhetter,  then,  to  .uraiit 
'tter  that  the  Conniiit- 
the  wound  which  ha.s 
nothing;  that  shall  in- 
I  only  wantjtistice. 
one  of  the  few  sni  vi- 
in  the  war  of  the  revo- 
t  we  fought  for  liberty 
fought  against  taxiv 
ch  were  for  the  benefit 
difference,  if  the  peo- 
e  nianulacturers  or  by 
nufacturers— and  why 
Senate  met,  there  ^^^1B 
all  parties  to  amelio- 
lUt  1  now  see  a  change, 
despair  of  any  thing 
hed.     Even  the  small 
senator  fi^mi  Kcn- 
een  reprobated  by  the 
ents  of  the  mainifai;- 
lave  put  their  fiat  on 
nd  hence,  as  a  coiise- 
course  and  language 
ost  precludes  all  hope, 
.ng  on  the  Committee 
ncubus.     I  say  to  that 
your  own  good  j\i<lg- 
e  subject  as  politicians 
•csts,  and  study  only 
vitli  these  views— and 
ms  of  the  South, 
isident,  supported  the 
as  far  as  it  could  be 


done  incidentally.  I  supported  the  late  Mr. 
Lowndes's  bill  of  1810.  I  was  a  member  of  his 
committee,  and  that  bill  protected  the  manufac- 
tures sufficiently,  except  bar  iron.  Mr.  Lowndes 
had  reported  fifteen  dollars  per  ton.  The  IIou.se 
re  luced  it  to  nine  dollars  per  ton.  That  act 
enabled  the  manufacturers  to  exclude  importa- 
tions of  certain  articles.  The  hatters  carry  on 
tiieir  business  by  their  sons  and  apprentices, 
and  few,  if  any,  hats  are  now  imported.  Large 
(piantities  arc  exported,  and  preferred.  All  ar- 
ticles of  leather,  from  tanned  side  to  the  finest 
harness  or  saddle,  have  been  excluded  from  im- 
portation ;  and  why  ?  Because  the  business  is 
conducted  by  their  own  hard  hands,  their  own 
labor,  and  they  are  now  heavil}'  taxed  by  the 
tariff  of  1828,  to  enable  the  rich  to  enter  into 
the  manufactures  of  the  country.  Yes,  sir,  I 
s;iy  the  rich,  who  entered  into  the  business  after 
tiie  act  of  1824,  which  proved  to  be  a  mushroom 
ail'air,  and  many  of  them  suffered  severely.  The 
act  of  181(>,  1  repeat,  g.ave  all  the  protection 
that  was  necessary  or  proper,  under  which  the 
industrious  and  frugal  completely  succeeded, 
liut,  sir,  the  capitalist  who  had  invested  his 
%  capital  in  manufactures,  was  not  to  be  satisfied 
•  with  ordinary  profit ;  and  therefore  the  act  of 
■        1828." 

Jlr.  Clay,  in  his  opening  speech  had  adverted 
to  the  Southern  discontent  at  the  working  of  the 
protective  tariff,  in  a  way  that  showej  he  felt  it 
t)  he  serious,  and  entitled  to  enter  into  the  con- 
.•^ideration  of  statesmen  ;  but  considered  this 
system  an  overruling  necessity  of  such  want 
and  value  to  other  parts  of  the  Union,  that  the 
danger  to  its  existence  laid  in  the  abandonment, 
and  not  in  the  continuance  of  the  "American 
system."  On  this  point  he  expressed  himself 
thus: 

"And  now,  Mr.  President,  I  have  to  make  a 
few  observations  on  a  delicate  subject,  which  I 
approach  with  all  the  respect  that  is  due  to  its 
.-ierious  and  grave  nature.  They  have  not,  in- 
deed, been  rendered  necossary  by  the  speech  of 
the  gentleman  from  South  Carolina,  whose  for- 
bearance to  notice  the  topic  was  commendable, 
as  his  argument  throughout  was  characterized 
by  an  ability  and  dignity  worthy  of  him  and  of 
the  Senate.  The  gentleman  made  one  declara- 
tion which  might  possibly  be  misinteri)rotcd, 
ami  I  submit  to  him  whether  an  explanation  of 
it  he  not  proper.  The  declaration,  as  reported 
ill  his  printed  speech,  is:  'the  in.Uinct  of  self- 
interest  might  have  taught  us  an  easier  way  of 
relieving  ourselves  from  this  oppression.  It 
wanted  but  the  will  to  have  supplied  ourselves 
with  every  article  enbraced  in  the  protective 
sy.stem,  free  of  duty,  without  au}'  other  partici- 
pation, on  our  part,  than  a  simple  consent  to  re- 
ceive them.'  [Here  Mr.  Uayne  rose,  and  re- 
marked that  the  passages,  which  immediately 


preceded  and  followed  the  paragraph  cited,  ho 
thought,  plainly  indicated  his  meaning,  which 
related  to  evasions  of  the  system,  by  illicit  in- 
troduction of  goods,  which  they  were  not  dis- 
posed to  countenance  in  South  Carolina.]  I  am 
happy  to  hear  this  explanation,  But,  sir,  it  is 
impossible  to  conceal  from  our  view  the  fact  that 
there  is  great  excitement  in  South  Carolina ;  that 
the  protective  system  is  openly  and  violently  de- 
nounced in  popular  meetings ;  and  thr'^^  the  legis- 
lature itself  has  declared  its  purpose  of  resorting 
to  counteracting  measures:  a  suspension  of  which 
has  only  been  submitted  to,  for  the  puriwse  of 
allowing  Congress  time  to  retrace  its  steps. 
With  respect  to  this  Union,  Mr.  President,  the 
truth  cannot  be  too  generally  proclaimed,  nor 
too  strongly  inculcated,  that  it  is  necessary  to 
the  whole  and  to  all  the  parts — necessary  to 
those  parts,  indeed,  in  different  degrees,  but  vi- 
tally necessary  to  each ;  and  that,  threats  to 
disturb  or  dissolve  it, coming  from  any  of  the 
parts,  would  be  quite  as  indiscreet  and  improper, 
as  would  be  threats  from  the  residue  to  exclude 
those  parts  from  the  pale  of  its  benefits.  The 
great  principle,  which  lies  at  the  foundation  of 
all  free  governments,  is,  that  the  majority  nnist 
govern ;  from  which  there  is  nor  can  be  no  ap- 
peal but  to  the  sword.  That  majority  ought  to 
govern  wisely,  equitably,  moderately,  and  con- 
stitutionally ;  but,  govern  it  must,  subject  only 
to  that  terrible  appeal.  If  ever  one,  cr  several 
Stiites,  being  a  minority,  can,  by  menacing  a  dis- 
solution of  the  Union,  succeed  in  forcing  an 
abandonment  of  great  measures,  deemed  essen- 
tial to  the  interests  and  prosperity  of  the  whole, 
the  Union,  from  that  moment,  is  practically  gone. 
It  may  linger  on,  in  form  and  name,  but  its  vital 
spirit  has  tied  for  ever !  Entertaining  these  de- 
liberate opinions,  I  would  entreat  the  patriotic 
people  of  South  Carolina — the  land  of  Marion, 
Sumpter,  and  Pickens;  of  Ilutledge,  Lauren.s, 
the  Pickneys,  and  Lowndes  ;  of  living  and  pre- 
sent names,  which  I  would  mention  if  they  were 
not  living  or  present — to  pause,  solemnly  pause ! 
and  contemplate  the  fiightful  precipice  which  lies 
directly  before  them.  To  retreat,  nuy  be  pain- 
ful and  mortif^ying  to  their  gallantry  and  pride ; 
but  it  is  to  retreat  to  the  Union,  to  safety,  and 
to  those  brethren,  with  whom,  or,  with  whoso 
amwstors,  they,  or  their  ancestois,  have  won,  on 
the  fields  of  glory,  imperishable  renown.  To  ad- 
vance, is  to  rush  on  certain  and  inevitable  dis- 
grace and  destruction. 

"The  danger  to  our  Union  does  not  lie  on  the 
side  of  persistance  in  the  American  system,  but 
on  that  of  its  abandonment.  If  as  1  have  sup- 
posed and  believe,  the  inhabitants  of  all  north 
and  east  of  James  Rivei .  and  all  west  of  the 
mountains,  including  Louisiana,  are  deeply  i;ite- 
rested  in  the  preservation  of  that  system,  would 
they  be  reconciled  to  its  overthrow  ?  Can  it  be 
expected  that  two  thirds,  if  not  three  fourths,  of 
the  people  of  the  United  States  would  con.sent  to 
the  destruction  of  a  policy  believed  to  be  indis- 
pensably necessary  t<j  their  prosperity  ?    AVhen, 


270 


TIIIUTY  YEARS'  VIEW. 


';'r 


':'  -I 


''HI 


too,  tliis  sacrifice  is  made  at  the  instance  of  a 
single  interest,  which  they  verily  believe  will  not 
be  promoted  by  it  ?  In  estimating  the  degree  of 
peril  which  may  be  incident  to  two  opposite 
courses  of  human  policy,  the  statesman  would 
be  short-sighted  who  should  content  himself 
with  viewing  only  the  evils,  real  or  imaginary, 
which  l)elong  to  that  course  which  is  in  practi- 
cal operation.  lie  should  lift  himself  up  to  the 
contemplation  of  those  greater  and  more  certain 
dangers  which  might  inevitably  ,ttend  the  adop- 
tion of  the  alternative  course. '  What  would  be 
the  condition  of  this  Union,  if  Pennsylvania  and 
New- York,  those  mammoth  members  of  our 
confederacy,  were  firmly  persuaded  that  their 
industry'  was  paralyzed,  and  their  prosperity 
blighted,  by  the  enforcement  cf  the  British  colo- 
nial system,  under  the  delusive  name  of  free 
trade  ?  They  are  now  tranquil,  and  happy,  and 
contented,  conscious  of  their  welfare  and  feel- 
ing a  salutary  and  rapid  circulation  of  the  pro- 
ducts of  home  manufactures  and  home  industry 
througo>it  all  their  groat  arteries.  ]}ut  let  that 
be  checked,  let  them  feel  that  a  foreign  system 
is  to  predominate,  and  the  sources  of  their  sub- 
sistence and  comfort  dried  up;  let  New  England 
and  the  West,  and  the  Middle  States,  all  feel 
that  they  too  are  the  victims  of  a  mistaken 
policy,  and  let  these  vast  portions  of  our  coun- 
try despair  of  any  favorable  change,  and  then, 
indeed,  might  we  tremble  for  the  continuance 
and  safety  of  this  Union !" 

Here  was  an  appalling  picture  presented :  dis- 
solution of  the  Union,  on  cither  hand,  and  one 
or  the  other  of  the  alternatives  obliged  to  be 
taken.  If  persisted  in,  the  ojjponents  to  the 
protective  sj-stem,  in  the  South,  were  to  make 
the  dissolution ;  if  abandoned,  its  friend.s,  in  the 
North,  were  to  do  it.  Two  citizens,  whose  word 
was  law  to  two  great  parties,  denounced  the 
same  event,  from  opposite  causes,  and  one  of 
which  causes  was  obliged  to  occur.  The  crisis 
retjuired  a  hero-patriot  at  the  head  of  the  govern- 
ment, and  Providence  had  reserved  one  for  the 
occasion.  There  had  been  a  design,  in  some,  to 
bring  Jackson  forward  for  the  Presidency,  in 
181G,  and  again,  in  1820,  when  he  held  back. 
He  was  brought  forward,  in  1824,  and  defeated. 
These  three  successive  postponements  brought 
him  to  the  right  j-ears,  for  which  Providence 
seemed  to  have  destined  him,  and  which  he 
would  have  missed,  if  elected  at  either  of  the 
three  preceding  elections.  It  was  a  reservation 
above  human  wisdom  or  foresight ;  and  gave  to 
the  American  people  (at  the  moment  Ihoy  wanted 
him)  the  man  of  head,  and  heart,  and  nerve,  to 
do  what  the  crisis  required :  who  possessed  the 
confidence  of  the  people,  and  who  knew  no 


course,  in  any  danger,  but  that  of  duty  and  pa- 
triotism ;  and  had  no  feeling,  in  any  extremity, 
but  that  God  and  the  people  would  sustain  him. 
Such  a  man  was  wanted,  in  1832,  and  was  found 
— found  before,  but  reserved  for  use  now. 

The  representatives  from  the  South,  generally 
but  especially  those  from  South  Carolina,  whiln 
depicting  the  distress  of  their  section  of  the 
Union,  and  the  reversed  aspect  which  had  come 
upon  their  affairs,  less  prosperous  now  than  be- 
fore the  formation  of  the  Union,  attributed  the 
whole  cause  of  this  change  to  the  action  of  the 
federal  government,  in  the  levy  and  distribution 
of  the  public  revenue  ;  to  the  protective  system, 
which  was  now  assuming  permanency,  and  in- 
creasing its  exactions ;  and  to  a  course  of  cxi)endi- 
ture  which  carried  to  the  North  what  was  levied 
on  the  South.  The  democratic  party  generally 
concurred  in  the  belief  that  this  system  wa.s 
working  injuriously  upon  the  South,  and  that 
this  injury  ought  to  be  relieved;  that  it  was  a 
cause  of  dissatisfaction  with  the  Union,  which  a 
regard  for  the  Union  required  to  be  reilrc.sed ; 
but  all  did  not  concur  in  the  cause  of  Southern 
eclipse  in  the  race  of  prosperity  which  their 
representatives  assigned ;  and,  among  them,  Mr, 
Dallas,  who  thus  spoke : 

"The  impressive  and  gloomy  description  of 
the  senator  from  South  Carolina  [Mr.  Ilayne], 
as  to  the  actual  state  and  wretched  prospects  uf 
his  immediate  fellow-citizens,  awakens  the  live- 
liest sympathy,  and  should  command  our  atten- 
tion. It  is  their  right ;  it  is  our  duty.  I  cannot 
feel  indifferent  to  the  suflerings  of  any  portion 
of  the  American  people ;  and  esteem  it  incon- 
sistent with  the  scope  and  purpose  of  the  federal 
constitution,  that  any  majoritj',  no  matter  how 
large,  should  connive  at,  or  protract  the  oppres- 
sion or  misery  of  any  minority,  no  matter  how 
small.  I  disclaim  and  detest  the  idea  of  making 
one  part  subservient  to  another ;  of  feasting  upon 
the  extorted  substance  of  ni}'^  countrymen ;  of 
eni'iching  my  own  region,  by  draining  the  fer- 
tility and  resources  of  a  neighbor ;  of  becoming 
wealthy  with  spoils  which  leave  their  legitimate 
owners  impoveiished  and  desolate.  But,  sir,  1 
want  proof  of  a  fact,  whose  existence,  at  least  as 
described,  it  is  difficult  even  to  conceive ;  and, 
above  all.  I  want  the  true  causes  of  that  fact  to 
Ik;  ascertained ;  to  be  brought  within  the  reach 
of  legislative  remedy,  and  to  have  that  i  enKciy 
of  a  nature  which  may  be  applied  without  pro- 
ducing more  mischiefs  than  those  it  proposi'S  to 
cure.  The  pronencss  to  exaggerate  social  evils  is 
greatest  with  the  most  patriotic.  Temporary 
embarrassment  is  sensitively  apprehended  to  be 
peimanent.  Every  day's  exiierience  teaches  how 
apt  w^c  are  to  magnify  partial  into  universal  dis* 


ANNO  1832.     ANDREW  JACKSON,  PRKSTDKNT. 


271 


lat  of  duty  and  pa- 
;,  in  any  extremity, 
!  would  sustain  liiin. 
1832,  and  was  found 
I  for  use  now. 
the  South,  generally 
outh  Carolina,  wliilo 
their  section  of  the 
ject  which  had  come 
pcrous  now  than  bt- 
Jnion,  attributed  the 
to  the  action  of  the 
levy  and  distribution 
;hc  protective  system, 
permanency,  and  in- 
to a  course  ofexpendi- 
sorth  what  was  levied 
cratic  party  generally 
;hat  this  system  was 
I  the  South,  and  that 
jlicved;  that  it  was  a 
ith  the  Union,  which  a 
lircd  to  be  redrcs;sed; 
the  cause  of  Southern 
irosperity  which  their 
1  and,  among  them,  Mr. 

gloomy  description  of 
Carolina  [Mr.  llayne], 
wretched  prospects  of 
ens,  awakens  the  live- 
command  our  atten- 
s  our  duty.    I  cannot 
fterings  of  any  portion 
and  esteem  it  incon- 
purpose  of  the  federal 
ijority,  no  matter  how 
ar  protract  the  oppres- 
nority,  no  matter  how 
test  the  idea  of  making 
lothcr;  of  feasting  upon 
if  my  countrymen ;  of 
„i  by  draining  the  fei- 
neighbor ;  of  becoming 
h  leave  their  legitimate 
d  desolate.     But,  sir,  1 
se  existence,  at  least  as 
>ven  to  conceive;  ami, 
e  causes  of  that  tiict  to 
lught  within  the  reach 
-  to  have  that  lemwly 
,^-  applied  without  pro- 
an  those  it  proposes  to 
xaggerate  social  evils  is 
patriotic.     Temporary 
a'ly  apprehended  to  be 
experience  teaches  how 
irtial  into  universal  dis- 


tress, and  with  what  difficulty  an  excited  imagi- 
nation rescues  itself  from  despondency.  It  will 
not  do,  sir,  to  act  upon  the  glowing  or  pathetic 
delineations  of  a  gifted  orator ;  it  will  not  do  to 
become  enlisted,  by  ardent  exhortations,  in  a 
rTUsade  against  established  systems  of  policy ; 
it  will  not  do  to  demolish  the  walls  of  our  cita- 
del to  the  sounds  of  plaintiff  eloquence,  or  fire 
♦lie  temple  at  the  call  of  im[)assioned  enthu- 
siasm. 

'•  AVhat,  sir,  is  the  cause  of  Southern  distress? 
Has  any  gentleman  yet  ventured  to  designate 
it  ?  Can  any  one  do  more  than  suppose,  or  ar- 
gnnientatively  assume  it?  I  am  neither  willing 
nor  competent  to  flatter.  To  praise  the  honor- 
able senator  from  South  Carolina,  would  be 

'  To  add  pcrfiiinc  to  tlic  violet — 
■Wasteful  and  ridiculous  excess.' 

But,  if  he  has  failed  to  discover  the  source  of 
t!ie  evils  he  deplores,  who  can  unfold  it  ?  Amid 
the  warm  and  indiscriminating  denunciations 
witli  which  he  has  assailed  the  policy  of  protect- 
ing domestic  manufactures  and  native  produce,  he 
frankly  avows  that  he  would  not '  deny  that  there 
are  other  causes,  besides  the  tariff,  which  have 
contributed  to  produce  the  evils  which  he  has 
depicted.'  What  are  those  '  other  caiises  ?'  In 
wliat  proportion  have  they  acted  ?  IIow  much 
of  this  dark  shadowing  is  ascribable  to  each 
sin;;ly,  and  to  all  in  combination  ?  Would  the 
tiU'ifl'  be  at  all  felt  or  denounced,  if  these  other 
causes  were  not  in  operation  ?  Would  not,  in 
fact,  its  influence,  its  discriminations,  its  inequal- 
ities, its  oppressions,  but  for  these 'other  causes,' 
be  sliaken,  by  the  elasticity  and  energy,  and  ex- 
liiuistless  spirit  of  the  South,  as '  dew-drops  from 
tlie  lion's  mane  ? '  These  inquiries,  sir,  must  be 
Siilisfaetorily  answered  before  we  can  be  justly 
nciiiired  to  legislate  away  an  entire  system.  If 
it  be  tiie  root  of  all  evil,  let  it  be  exposed  and 
dtUKjli.shed.  If  its  poisonous  exhalations  be  but 
partial,  let  us  preserve  such  portions  as  are  in- 
noxious. If,  as  the  luminary  of  day,  it  be  pure 
and  salutary  in  itself,  let  us  not  wisli  it  extin- 
puishcd,  because  of  the  shadows,  clouds,  and 
darkness  which  obscure  its  brightness  or  impede 
its  vivifying  power. 

'That  other  causes  still,  Mr.  President,  for 
Soutliern  distress,  do  exist,  cannot  be  doubted. 
They  combine  with  the  one  I  have  indicated,  and 
are  equally  unconnected  with  the  manufacturing 
pohcy.  One  of  these  it  is  peculiarly  painful  to 
advert  to ;  and  when  I  mention  it,  1  beg  honor- 
able senators  not  to  suppose  that  I  do  it  in  the 
spirit  of  taunt,  of  reproach,  or  of  idle  declama- 
tion, llegarding  it  as  a  misfortune  merely,  not 
aj  a  fault ;  as  a  disease  inherited,  not  incurred  ; 
perhaps  to  be  alleviated,  but  not  eradicated,  I 
slionid  feel  self-condemned  were  I  to  treat  it 
otlier  than  as  an  existing  fact,  whose  merit  or 
di'incrit,  apiut  from  the  question  under  debate,  is 
shiokled  from  commentary  by  the  highest  and 
most  just  considerations.  I  refer,  sir,  to  the 
character  of  Southern  labor,  in  itself,  and  in  its 


influence  on  others.     Incapable  of  adaptation  to 
the  ever-varying  changes  of  human  society  and 
existence,  it  retains  the  communities  in  which  it 
is  established,  in  a  condition  of  apparent  and 
comparative  inertness.    The  lights  of  science,  and 
the  improvements  of  art,  wliich  vivify  and  accel- 
erate elsewhere,  cannot  penetrate,  or,  if  they  do, 
penetrate  with  dilatory  inefliciency,  among  its 
operatives.     They  are   merely  instinctive  and 
passive.    While  the  intellectual  industry  of  other 
parts  of  this  country  springs  elastically  forward 
at  every  fresh  imjiulse,  and  manual  labor  is  pro- 
pelled and  redoubled  by  countless  inventions, 
machines,  and  contrivances,  instantly  understood 
and  at  once  exercised,  the  South  remains  station- 
ary, inaccessible  to  such  encouraging  and  invig- 
orating aids.     Nor  is  it  possible  to  be  wholly 
blind  to  the  moral  efiect  of  this  species  of  labor 
upon  those  freemen  among  whom  it  exists.    A 
disrelish  for  humble  and  hardy  occupation;  a 
pride  adverse  to  drudgery  and  toil ;  a  dread  that 
to  partake  in  the  employments  allotted  to  color, 
miiy  be  accomianied  also  by  its  degradation,  are 
natural  and  inevitable.    The  high  and  lofty  <iuali- 
ties  which,  in  other  scenes  and  for  otlier  pur- 
poses, characterize    and    adorn    our    Southern 
brethren,  are  fatal  to  the  enduring  i)atience,  the 
corporal  exertion,  and  the  painstaking  simpli- 
city, by  which  only  a  successful  yeomanry  can 
be  formed.     When,  in  fact,  sir,  tlie  senator  from 
South  Carolina  asserts  that  '  slaves  are  too  im- 
provident, too  incapable  of  that  minute,  constant, 
delicate  attention,  and  that  persevering  industry 
which  is  essential  to  the  success  of  manufactur- 
ing establishments,'  he  liinihelf  admits  tiie  defect 
in  the  condition  of  Southern  labor,  by  which  the 
progress  of  his  favorite  section  must  be  retarded. 
He  admits  an  inability  to  keep  pace  with  the 
rest  of  the  world.     He  aihnits  an  inherent  weak- 
ness ;  a  weakness  neither  engendered  nor  aggra- 
vated by  the  tarifi" — which,  as  societies  are  now 
con.stituted  and  directed,  must  drag  in  the  rear, 
and  be  distanced  in  the  common  ^ace." 

Thus  spoke  Mr.  Dallas,  senator  from  Pennsyl- 
vania; and  thus  speaking,  gave  oflcnce  to  no 
Southern  man  ;  and  seemed  to  be  well  justified 
in  what  ho  said,  from  the  historical  fact  that  the 
loss  of  ground,  in  the  race  of  prosperity,  had 
commenced  in  the  South  before  the  protective 
.■system  began — before  that  epoch  year,  1810, 
when  it  was  first  installed  as  a  system,  and  so 
installed  by  the  power  of  the  South  Carolina 
vote  and  talent.  But  the  levy  and  expenditure 
of  the  federal  government  was,  doubtless,  the 
main  cause  of  this  Southern  decadence — so  un- 
natural ill  the  midst  of  her  rich  staples — and 
which  had  commenced  before  181G. 

It  so  happened,  that  while  the  advocates  of  the 
American  system  were  calling  so  earnestly  for 
government  protection,  to  enable  them  to  sus- 


■'■'p^fliiiMiliMi 


S™'*    fS'j.^T??^ 


i 


hi       .« 


272 


rillKTY  YKAIIS'  VIKW. 


i 


ij 


>>  «. 


liiiii  (luniscIvoN  III  homo,  tlial  (he  (misIhiii-Iioiiso 
ImioKs  wciv  sliowinj:  Mint  ft  (;n'ii(  ninny  s|n'('ii's 
of  (Mir  innnnfMt't'ircs,  iind  <'siH'cinIly  (lie  coHoii, 
wt'io  piiii^r  iilMOiiil  (i)  far  dislaiil  I'oiintrii"^ ;  iiiul 
mistiiiiiinm  (IumiikoIvos oh  ivinoU'  llii'iitrcs  iij;aiiisl 
nil  coinpotition.  nut!  bi'voiii!  tlic  rnii|n'  of  any 
lu'lji  from  our  laws.  Mr.  ("lay,  liiinsclf,  sjinUcor 
llii.s  oNiiorlatioM.  to  sliow  (lie  cxi-rlU'iicc  of  oiii' 
falirio.H,  and  that  tlicy  wi'ii'  worth  proticlioii  ;  I 
usi'd  tlio  samo  fact  to  show  thai  tlioy  woiv  imli- 
licndoiit  of  pn^toction  ;  nnd  said: 

"  And  liiro  I  woiiM  nsk,  how  many  nnd  w  hioh 

nro  the  ar(icl('<  (li.at  rciiniro  the  ]troscnl  liiuli  rate 
o!'  ]ivoicc:iciti  '  ('(>rtaiiily  not  (he  rottoii  nnini- 
fariiirc;  I'l'iv  tlio  .soiiator  fi"om  Kentucky  |Mr. 
(lay),  wlio  a|i])('ars  on  this  floor  as  thi>  Icadinj:' 
olianiiiic'ii  i>r  (lomcstic  maiinfactiin>s,  and  whi>s(> 
.••dmi<-iiiiis  of  fad  must  lu>  coiu'liisivc  ajrainst  his 
av'vniiH-iils  of  thoory  !  this  senator  tells  you.  and 
dwi'lls  oiioii  th(>  diseliKiire  with  triiiniiihant  e\- 
iiliaiiiin,  lliat  ,\iiierie;in  col  tons  are  now  exported 
to  .\«ia  and  '^old  at  a  protit  in  tli(>  cotttni  mar- 
kets of  (".uitoii  anil  t'alcntta  !  Stircly,  sir,  onr 
laritV  laws  of  IS'_M  and  iS'J,><  are  not  in  force  in 
Hoii'ral  .'iiid  China.  And  I  njipeal  to  all  niaiikiiid 
for  the  tiulli  of  the  inference,  that,  if  onrc(^ltons 
can  p*  to  ihe<e  count ries,  and  he  sold  at  a  pri>lit 
wilhont  ;niy  |iroteeti(ni  at  all.  tlit>y  can  slay  at 
hemic  and  he  si>Id  to  onr  own  citizens,  witlioiit 
l(>-:s.  under  a  le.ss  protecti<m  than  fifty  and  two 
hundred  and  lifty  i>er  centum!  One  fact.  Mr. 
Vn><iilent.  is  said  to  he  worth  a  thousand  tlieo- 
1ICS ;  I  will  atld  that  it  is  worth  a  hundriMl  fhou- 
s.Miid  sjicci'Ik^s  ;  nnd  this  fact  that  the  .Vmericm 
eoMous  now  traverse  the  one-half  of  the  circuni- 
fereuce  of  this  tilohc — cross  the  eciuiiioctial  line  ; 
dcsi'cnd  to  the  antipodes  ;  seek  forei;j:u  markets 
on  the  douhle  theatre  of  Hritishnnd  Asiatic  com- 
jH'tition.  and  come  otf  victorious  IVom  the  con- 
iest — is  a  full  nnd  ovcrwholminjr  answer  to  all 
the  s]VHvhes  that  iiavo  been  made,  or  ever  can 
he  made,  in  favor  of  hijrh  jirotoctinu:  duties  on 
these  cottons  at  homo.  The  only  oH(>ct  of  such 
duties  is  to  cut  off  importations — to  cicnte  rnono- 
jioly  nt  home — to  en.ihle  onr  nianufnctnrers  to 
sell  their  wods  hidior  to  their  own  christian  fel- 
low-citizens than  to  thejvijran  worshippers  of  Vo 
and  of  Hiahina  !  to  enable  the  inhabitants  of  the 
(*an,OTs  anil  the  IJurrampociter  to  wear  Ameri- 
can cottons  iii>oncliea]HT  terms  than  the  inhabit- 
ants of  the  Ohio  and  Mississijipi.  And  everv 
AVostorn  citizen  knows  the  fact,  that  when  these 
shipments  of  American  cottons  were  niakimr  to 
the  extremities  of  Asi.a,  the  price  of  these  same 
cottons  was  actually  raised  twent.y  and  twenty- 
tive  jHT  cent.,  in  all  tho  towns  of  the  West ;  with 
this  further  ditl'enMice  to  our  iirejndico.  that  wc 
can  only  pay  for  them  in  money,  while  the  in- 
habitants of  Asia  make  p.aymont  in  tho  products 
of  their  own  country. 

"This   is  what   the    gentleman's   admission 


proved  ;  bnf  I  do  not  cnme  here  to  nr;iiie  iipi  n 
ndmissiiMs.  w  hetlier  candid  nr  nn;^iiardei|,  of  i  jic 
adversary  speaivcrs.  I  hrinj;  my  ow  n  facts  :iiid 
proofs  ;  mill,  really,  sir,  I  have  ii  mind  to  com- 
plain that  the  p'nlleni.iirs  ailmis.-.ion  ahoni  cot- 
tons has  crippled  the  I'oi'ie  of  my  aririnnrnt  ; 
thn'  ■(  has  weakened  its  elfect  liy  leltinj;'  f)ut  half 
nt  a  time,  and  destroyed  its  imvidty.  by  an  aiiti- 
cipali'd  revelation.  'I'lie  trnlh  is,  I  have  this  (act 
(that  we  esporled  ilnnirslic  ,o(tons)  lieasnnd 
up  in  my  ni,i;_;;i/,ine  of  mateiial  !  and  intended 
to  prodiiie  it,  at  the  proper  lime,  to  show  tliat 
wi'  e\|ioilei|  this  ailieie,  not  (o  Cinton  and  Cd- 
oiitta  alone,  but  to  all  iinarti  rs  of  tln' ^lolie  ;  not 
a  few  cargoes  only,  by  way  of  e\)ierinienl,  but 
in  jrreat  ipiaiililies,  as  a  re,i:;ilar  trade,  to  (he 
amount  of  a  million  and  a  ipiarl<  r  of  dollars, 
nnmiaily  ;  .and  that,  of  this  ainomil.  no  less  than 
foriy  thousand  dollar,^'  worlli.  in  the  \ear  l.s'.O, 
had  done  what  the  combined  Heels  and  arnius 
of  (he  world  could  not  do;  it  imd  sealed  the 
rock  of  (iihraltar.  iiemtratid  tothe  heart  oftiic 
Hiilish  liarri.-oii,  (akeii  po-ses;-ion  of  his  ISritan- 
iiic. Majesty's  soldiers,  bo'.ind  their  arms,  le;,:;,  and 
bodies,  and  slriitlid  in  triumph  over  the  uun- 
imits  and  liatli'iies  of  that  unattaikable  liii'lros. 
And  now,  sir.  I  will  use  no  more  of  the  j:eiiile- 
man's  admissions;  I  will  draw  ii]ion  m\  own 
resources;  and  will  show  neaily  the  whole  lj.>t 
of  our  domestic  niamilacinres  to  he  in  the  .^aiiic 
lloiirishin.ucondilion  with  cottons,  actually  .c.in'i 
;ihroail  to  seek  comiK'tition,  without  inoteclion, 
in  every  forei):ii  ehme,  and  conleiidiiin'  \  ieio- 
rionsly  with  foreiiiii  inaunfaetiires  when  \ir  ilu'v 
can  enconnter  (lu'iii.  I  read  tVoin  the  cusioai- 
hou.se  returns,  of  ISiiO — the  last  that  has  Inn 
printed,     bisleii  to  it  : 

'•'{'his  is  the  list  ol' domestic  inaniiractiucs  ix- 
poried  tofoieijin  coinitiies.  It  eonii>ieheiiiis  tin- 
whole,  or  nearly  the  whole,  oi  that  lon.c  cila- 
lojiue  of  items  whieii  tlu' sei\;itor  I'lMtii  Kenliickv 
[.Mr.  <.'lay)  read  to  ns,  ou  (he  second  i\i\\  of  his 
discourse;  and  .shows  the  whole  to  be  ^oiiip; 
abroad,  without  a  shadow  of  pr.itcelion,  to  .-lek 
coiupe(ition,  in  foiXM^n  market.s,  with  (he  lbivi':ii 
poods  of  all  the  world.  'I'he  lis(  of  articles  1 
have  read,  contains  near  fifty  varieties  of  maini- 
facuircs  (and  1  have  omitted  many  minor  arti- 
cles) amountina;,  in  value,  to  near  six  millioiis  of 
dollars  !  And  now  behold  the  diversity  of  Imniaii 
rciusoning!  The  senator  f.-oni  Kentucky  exhi- 
bits a  list  of  arlioles  manufactured  in  the  I'liited 
States,  and  argues  that  the  sliuhtest  dimimit.ou 
in  the  enormous  protection  they  now  enjoy,  w  ill 
overwhelm  the  whole  in  ruin,  and  cover  the 
country  with  distress;  1  read  (he same  ideiitieal 
list,  to  show  that  all  these  articK-s  go  ahi'uaii 
and  contend  victoriously  with  their  foreign  rivals 
ill  all  foreign  markets." 

Mr.  Clay  had  attributed  tothe  tarill's  of  1S24 
and  18:28  the  reviving  and  returning  prosiierity 
of  the  country,  while  in  fact  it  was  the  nuro 
effect  of  recovery  from  prostiation,  and  iu  si'ite 


ANNO  1882.     ANDUKW  JACKSON.  I'llKSIUKNT. 


273 


i.MV  to  iivjjiio  wyi  11 
iriiii;:iiiii'<l«''l.  "1  l'"' 
r  iiiv  own  I'lK't"^  'iii'l 
vf  a  iiiiinl  to  coiii- 
ilniis^ioii  alioiil  ''"t- 
.  of  iiiv  arj^iiiii'iit  ; 
tliv  It'l'tiiifi  out  »iiilt' 

nu'vi-ltv.l'.V  1111  !>'"'- 
tliis,  1  liiivotliisl'aci 

•  ,iitlons)  trcasiiriil 
,-i  ial !  ami  iiil('iiil'''l 

•  liiiu',  lo  nIiow  that 
1  to  ('anion  anil  t'al- 
irsof  i1i*';:1o1h';  not 
,  of  I'Njuiinu'nl.  liiii 
v-!ilar  lr!X<U',  to  Hi^" 

qnai'liv  of  dollars, 
amount,  no  If**''  than 
111,  in  tlio  ycai  \^'■'^^K 
unl  lUvts  an.l  annus 
,;  it  ha.l  scaUil  tln- 
,  ,1  lo  the  Ill-art  of  tli.- 
sos:-ioii  of  liis  lliil.iii- 
il  ihi  iranns,  Wi:-.  and 
uiuiili  ovor  tilt"  lani- 
iniaitai'kaltli-  l'orlii'>s. 
,1  moiv  of  tho  ;^>nlli' 
<lva\v  iqion  my  own 
nearly  llu-  wlioU-  li.-l 
iivs  to  lio  in  tho  .-amo 
cdltons,  aclnally  L:"iu:: 
jm,  wiiliont  proloctiou, 
(I  coulomliii!;-  \i<'lo- 
•tnn's  wlnvrMV  ihcy 
(1  tVom  till'  (Misioai- 
1k'  la>-l  that   has  Iiau 

ticmainitai'tuiTS  t'X- 
It  comi'ioln'iuis  tiu- 
U-.  oi   that    Ion;;-  I'ata- 
,-iiatoriVoni  l\^'ntl',^■l^y 
the  M'coml  day  ol  his 
■    \vludi>  to    ho  p,»h>i!; 
ol'|iv.itootion,  to  Mik 
•kots,  with  tho  loRiiin 
riio  lif^t   of  ui'tiolos  I 
il'ty  ViiriotioB  orniauii- 
toil  many  minor  arli- 
to  near  six  millions  "f 
the  diversity  of  hnman 
fi-om  KenlueUy  oxhi- 
(acturedin  the  Tniteil 
10  slipilitost  diniiuiit;ou 
n  they  now  enjoy,  will 
ruin,  and  eovor  tho 
ead  the  same  idi.nti''al 
so  ivrtioles  ^o  ahiMad 
itli  their  foroij:n  rivals 


il  to  the  tariiVs  of  1S'21 

|l  roturninf!;  lu'osv'onty 

fiict  it  was  the  nurc 

rostralion,  and  iu  srite 


of  fhcHo  tnrifls,  instead  of  by  their  lielj).  Uwsi- 
nesH  liad  Ik'ou  liroiight  to  a  stand  diirinn  the 
disiislnms  i>erio«l  which  I'tiHuo*!  tlio  oHtahlish- 
nient  of  tho  llank  of  the  United  StatoH.  It  was 
a  period  of  stnjinntion,  of  Hottleinenl,  of  puyint; 
tip,  of  K;t"tt'"PI  eU-ar  of  loadH  of  dcht ;  and  sfart- 
iiiH  afresh.  It  waH  the  strong  man,  freed  from 
the  !)nrthen  under  which  he  had  lonf?  lieen  pros- 
trate, and  }!:i'ttin{j:  on  his  feet  apiiii.  In  the 
West  f  knew  tliat  tliis  was  the  process,  and  that 
our  revived  jirosperity  was  entirely  tho  resnlt 
of  our  own  rescmrees,  imh'iK'ndent  of,  and  in 
s|)itc  of  federal  legislation ;  and  so  declared  it  in 
my  speech.    I  said: 

"The  fine  eflTects  of  tho  high  tariff  njion  (!)(> 
prosperity  of  the  West  liave  l)een  celehralod  on 
this  tloor:  witli  how  nmoh  reason,  lot  fue(s  res- 
pond, and  the  jH'oplo  jnd;rc  !  I  do  not  think  we 
are  indebted  to  the  high  tarilf  for  onr  fertile 
lands  and  onr  navigable  rivers ;  and  1  am  cer- 
tain we  arc  ".idebted  to  these  l)lessings  for  the 
pr()s|x'iity  we  enjoy.  In  all  that  comes  from 
(lie  soil,  till!  people  of  the  West  arc  rich.  They 
have  an  abundant  snjiply  of  foo<I  for  man  and 
beast,  and  a  large  surplus  to  send  abroad.  They 
have  the  comfortabliv  living  which  industry  cre- 
ates for  itself  in  a  rich  soil;  but,  beyond  this 
(hey  are  poor.  They  have  none  of  the  splendid 
works  which  imjily  the  jiresenci?  of  the  moneyed 
power !  No  Appian  or  Flaniinian  ways ;  no 
roads  paved  or  McAdamized  ;  no  canals,  excejit 
what  are  made  upon  borrowed  means;  no  aque- 
ducts ;  no  bridges  of  stone  across  our  innuuie- 
rahlo  streams;  no  edifices  dedicated  to  eternity; 
no  schools  for  the  line  arts:  not  a  public  library 
for  which  an  ordinary  scholar  would  not  apolo- 
l^izo.  And  why  none  of  those  things  ?  Have  the 
people  of  the  West  no  taste  for  public  improve- 
nieiits,  for  the  usefiil  and  the  line  arts,  and  for 
literature  ?  Certainly  they  have  a  very  strong 
taste  for  them  ;  but  they  have  no  money  !  not 
enough  for  private  and  current  uses,  not  enough 
to  defray  our  current  oxpense.s,  and  buy  neces- 
,'iaries!  without  thinking  of  public  improve- 
ments. We  have  no  money  !  and  that  is  a  talc 
which  has  been  told  too  often  here — chanted 
too  dolefully  in  the  book  of  lamentations  which 
was  composed  for  the  death  of  the  Maysville 
roiid — to  bo  denied  or  supjircssed  now.  They 
have  no  adequate  supply  of  money.  And  why  ? 
Have  they  no  exports?  Nothing  to  send 
abroad  ?  Certainly  they  have  cxjioits.  I?oliold 
tho  marching  myriads  of  living  animals  anmially 
taking  their  departure  from  tho  heart  of  the 
West,  defiling  through  the  gorges  of  the  Cum- 
berland, the  Alleghany,  and  the  Apalachian 
mountains,  or  traversing  the  plains  of  the  .South, 
diverging  as  they  march,  and  spreading  them- 
selves all  over  that  vast  segment  of  onr  territo- 
rial circle  which  lies  between  the  ihbmiches  of 
the  Mississippi  and  the  estuary  of  the  Potomac ! 

Vol.  I.— 18 


Kehold,  on  the  other  hand,  tho  Hying  steam- 
lioats,  and  (he  fleets  of  lloating  arks,  loaded 
wi(h  the  produc(s  of  the  forest,  the  farm,  and 
the  pasture.  Hdlowing  the  course  of  onr  noblo 
rivers,  and  liearing  thiir  freights  to  that  great 
city  which  revivt-s.  upon  the  banks  of  the  Mis- 
sissippi, the  name*  of  the  greatest  of  the  <(mnc- 
rors  that  ever  reigned  upon  tho  banks  of  tho 
Tiber,  ami  who  ecli|)sod  the  glory  of  bis  own 
heroic  oxploits  by  giving  an  order  to  his  legions 
never  (o  levy  a  contribution  of  salt  upon  a  Ilo- 
nuni  citizen  !  Heboid  this  double  line  of  ex- 
ports, and  observe  the  refluent  currents  of  gold 
and  silver  which  result  from  them  !  Large  are 
the  supplies — millions  are  the  amount  whi(;h  is 
annually  poured  into  the  West  from  these  dou- 
lile  exportations ;  enough  to  cover  the  face  of 
th(!  earth  with  magnificent  improvements,  and 
to  cram  {'wry  industrious  pocket  with  gold  and 
silver.  Ibit  where  is  this  money?  for  it  is  not 
in  (he  country  !  Where  does  it  go  ?  for  go  it 
<loes,  and  scar(;ely  leaves  a  vestige  of  its  transit 
l)ehind  !  Kir,  it  goes  to  the  Northeast !  to  the 
seat  of  the  American  system  !  there  it  goes ! 
and  thus  it  goes  !" 

Afr.  Clay  liad  commenced  his  speech  with  an 
ajKiIogy  for  what  might  be  deemed  failing  pow- 
ers on  account  of  advancing  age.  He  said  ho 
was  getting  old,  and  might  not  lie  able  to  fulfil 
the  expectation,  and  recpiite  the  attention,  of  tho 
attending  crowd;  and  wished  the  ta.sk  could 
have  fallen  to  younger  and  abler  hands.  This 
apology  for  nge  when  no  diminution  of  mental 
or  bodily  vigor  was  jK-rceptible,  inducetl  seve- 
ral speakers  to  commence  their  rejdies  with  al- 
lusions to  it,  generally  coniplimentary,  but  not 
admitting  the  fact.  Mr.  I  lay  no  gracefully  said, 
that  lie  had  lamented  the  advances  of  age,  and 
mourned  the  decay  of  his  chKiuence,  so  elo- 
quently as  to  prove  that  it  was  still  in  full  vigor ; 
an<l  that  he  had  made  an  able  and  ingenionsA 
argument,  fully  sustaining  his  high  reputation! 
as  an  accomplished  orator.  deneral  Smith, 
of  Maryland,  said  that  he  could  not  complain^ 
himself  of  the  infirmities  of  age,  though  oldtT 
than  the  senator  from  Kentucky,  nor  could  find 
in  his  years  any  apology  for  the  insufTiciency  of 
his  speech.  Mr.  Clay  thought  this  was  intended 
to  be  a  slur  upon  him,  ami  rejilied  in  a  spirit 
which  gave  rise  to  the  following  sharp  encounter: 

"  Mr.  Smith  then  rose,  and  .said  he  was  sorry 
to  find  that  he  had  unintentionally  offended  the 
honorable  gentleman  from  Kentucky.  In  refer- 
ring to  the  vigorous  ago  he  himself  enjoyed,  ho 

*  "  Aurcllan,"  wliosc  name  was  plvcn  to  tlic  nillltary  Bta-- 
tloii  (jircwldiuiii)  whlcli  Wtt»  aflerwsrUs  corrui)t'i(l  !uU>  "Oi— 
loans.'' 


"T^ 


'■■:  vf/- 


274 


TMIHTY  YKAI5S'  VHW, 


1»l»l1  no{  SIllllKKi'il  III'  «?1(11l1il(>iM'  oniMlCC  (ilolluM'X 

wlii>  (•■iin]ili(inril  i>r  (hi>  in11rmi(i("<  <>r  nj;(>.  'I'lu- 
(>,iMilli'ni:m  iVuni  KciidicKv  wii'<  (In"  \hn(  «liit 
kImmIiI  (mKc  (111-  nnimk  >\^  <li(<|i;ir:)^nig  to  liis 
Aij'.i'r  nml  |<crsi>iinl  ;ip|i(ni;ni(i' ;  I'or,  wAwu  (IimI 
p«MitI('in!»n  sniiKc  to  im  of  \\\-i  np'.  lie  \\invi\  ;i 
yunnp:  Isnlv  nciir  liiin  rvrlniin  "Old,  why  I 
tliinlv  \w  !■<  inipltty  i>r('t(\."'  Thi*  liunor!»l)li> 
p'lKli'inmi.  nn  I'mlay  l;ts(.  niiido  ii  siniiliUnlr 
wliiMH'  uoiu'  ('\i>;l.il.  1,  sniii  Mi.  S.,  Iinil  t-ii^invsl 
Oil  (li(>  ti(-ii'^vi(v  of  tnnlniil  f'i)i-l(ivM-nni'o  in  si'l 
llinu  (1\(>  (;\ritl,  ;\ii(l  (l)('n'ii|ion.  (Iio  pi'iilltMiinn 
vorili-iMtoil  li)\i(lly  nmi  nnnvily  nlioiil  romoMils 
fi'Mn  <iMic«>.  Il(<  H.'iiil  I  «»!«  II  lomior  in  du' H\  s 
ii'm.  1  ili'ny  tlio  I'ucl.  1  ncxcr  I'Xcn'iscil  (lie 
loiist  inlliuMioi'  in  ('llotMiiifr  i\  vcnioxal.  lunl  on  (he 
iN>n(i'!n_v.l  intiM(i>i-('(i,  snrivw^lnlly.  |opix<\on(  <lu' 
nMnii\:il  ol'  (\\o  pMiiUMncn  in  ollii'o.  I  Mniclimn 
Oil  «  i(I>  ut.'ikiuf;.'!  ivniniitlco  on  roiids  mul  cansilK, 
ndvi'r-<'  to  udt'inal  iini>ro\(Mni'nl.  ICtlns  lie  so. 
it  {■<  In  inistMlvtv  I  <"orti>inly  stimioscil  (>m'i y 
gx^'ntloniiMi  nnmod  imi  tlint  ('oniniidcc  Init  ono  to 
ho  iVh'ndly  to  intrrnnl  inii>ro\<'n>ont.  To  tho 
oonnni((i'i>  on  in:inn!':i(tnros  I  nssifincd  toiu' out 
ot'  li\(-   who   wovo   KiiinMi  ti>  ho  iVicn  "'y  (<Hh(> 

1>rot(>>Mi\o  s\  stoni.  I'hi'  ri^lit^  ol"  tho  n\initi'il\. 
\o  h:\d  ondt>;\>."i'd,  al-o,  in  Mirnntiinij  the  i-oui 
nntto»\  to  soonro.  '\'\w  !\]i)iointnu'nt  of  (ho  OiMn 
niittO(>s  ho  hrtd  t'onnd  ono  ol'  tho  n>(>>^t  dilhiMilt 
Rnd  o\)orous  tasks  ho  1i:\d  ovor  inidoitaKon.  (hio- 
Ihird  ot'  llio  honso  wtn-c'  lawxors,  all  ot"  whom 
wantod  to  Iv  init  upon  sonio  iniiiortani  oon\nii( 
loo.  Tho  oath  wltioli  thi^  stMiatoc  had  tondoi-od. 
ho  lii^pt^l  ho  would  not  tako.  In  tho  M>ar  17'.'.\ 
Mr.  S.  sai(l,  ho  had  f^nstauuMl  a  protootivo  duty 
Kffainsi  tho  o]i]iosition  \t(  a  monihor  from  Tilts- 
hni"^.  Trox  ions  to  tho  yoar  IS'J'J.  ho  had  always 
pixon  ini'idmital  sujii^mM  to  niauul'aotnr4^s,  in  1i\- 
ing  tho  taiitV.  Ilo  was  a  warm  friond  to  tlio 
(,aritV«it"  ISlTi,  whioh  ho  still  rop\i'dod  asawiso 
and  honolioial  law.  lU'  hojvd.  thon.  tho  pMillo- 
man  wonlil  not  t,ako  his  (Wth. 

'■  Mr.  C'lay  plaood.  ho  said,  a  high  valuo  on  tho 
oompliniont  ol"  which  tho  honorahlo  senator  was  \ 
Iho  oliatinol  ol"  oonunnuioation  ;  and  ho  tho  ni<^ro  | 
vahiod  it,  inasnv.ioh  as  ho  did  not  iwolloot  nioiv  i 
than  onoo  hi  ("o.-o,  in  his  lil'o.  ti'*  ha\o   ivooi\od  a 
similar  o.'iiiiplimont.     Uo  washaj^py  to  tind  that  , 
Iho  honorahlo  .CMitloman  disolainu^l  tlio  system  ! 
of  proscription ;  and  ho  should,  with  his  ajijuv- i 
Ixation.  hi  ivafior  oilo  his  authority  in  opposition  j 
to  it.     Tho  Commit  loo  on   Koads  and   Canals,  i 
whatever  wore   tho  ireiitleman's   intentions   in  1 
oonstruoting   it.    had   a    majority    of   momlvrs 
whoso  votes  and  spoi-ches  against  internal  ini- 
provemonts  wore  matter  of  notoriety.     The  jr<Mv 


tlem.-inV   ap]M\al  to   his  acts  in 


perfectly 


safe  ;  l"or.  old  as  1  am.  riy  knowloilgo  of  his  course 
does  not  oMonil  hack  that  far.  He  would  tako 
the  jx'riod  which  the  gvntleman  name<l,  since 
1822.  It  oonies.  then,  to  this  :  The  lionorn- 
ble  gx^ntloman  wa.<  in  favor  of  {protecting  man- 
ufaotniYS ;  hut  he  had  turnoii — 1  need  not  use 
the  word — he  ha*  abandoned  manufjictures. 
Thus: 


'OM  pollticinin  ctiiMv  iin  wl«tliiin  |in«t. 
And  ItilUr  nil  In  lililliililK  I"  llii'  III  I.' 

"  Mr.  Smith.  'I'he  la^l  idhision  \'^  unworthy 
of  tlioi:onllonian.  Totter,  nir.  I  toller  I  Thoii^l( 
some  twenty  yours  older  than  the  genlleinaii,  I 
'•an  yel  staiul  linn,  and  am  M't  ahle  (o  <'oriTe| 
hi'i  ern<r-i.  I  eonld  tftko  axiew  of  (he  (ituIIo 
manV  eoiirse.  which  would  show  how  inenn^is 
lent  he  has  lieen.  |  Mr.  Clay  exeliiimed  :  'Tako 
It,  sir.  take  it  I  dare  you.'  H'lies  o|'"ordoi.") 
No.  sir.  said  Ml'.  S..  1  will  not  (akeil.  I  will 
I  ol  so  fill'  disregaid  what  in  du(>  (o  the  dinnily 
of  the  Senate." 

Mr.  May  n<'  eonelnded  one  of  his  !>pereheN  with 
;i  declaration  of  the  seiioiiMUesHi^f  tlu'  Southern 
rosistanoe  to  the  tarilf.  and  with  u  feeling  appeal 
to  senators  on  all  sides  of  the  house  to  n\eet  (heir 
Sontliern  hrethivn  in  the  spirit  of  eoneilialion, 
and  restore  harmony  to  a  di\ided  peopl(>  hy  re 
mo\  iu}',  from  among  theni  Iho  never  failing  soinee 
of  eontenlion.     Ilo  said  : 

"  1  el  tii-t  ei'iilleuK'u  so  far  di-iH'ivo  themselvo'^ 
as  lo  suppose  that  the  opposition  of  the  South  t.> 
Iho  )iro(i>oting  .system  is  no(  hnsed  on  higli  and 
lofty  principles.  It  has  nothing  (odo  with  par 
t\  ]ioliti<'s,  or  the  mere  ele\ation  of  men.  It 
ri^os  fill- aho\e  all  such  eou'-iileriitiiins.  Nor  i'- 
i(  inlhienced  t'hietly  hy  ealcnlalions  of  iutere^l, 
hut  is  founded  in  mueh  nohler  impulses.  The 
instinct  of  self-inleresi  might  hax'  taught  us  an 
easier  w. ay  ofivlie\ing  ourselves  from  this  op 
ju'ossion.  It  wanted  hut  the  will,  to  have  sup- 
plied ourselves  with  every  arliele  enihraeed  in 
the  pi>itectiv»>  system,  free  of  duty,  without  any 
>>ther  part ioipat ion  on  our  part  than  a  siutplo  eon- 
sent  to  nv'oive  IIumu.  Ihil.  sir.  wo  have  seorneil, 
in  a  oontest  for  our  rights,  to  resort  l<)  any  Init. 
open  and  fair  means  t*^  niaiutain  tiiem.  The 
sjiirit  with  which  we  have  entered  into  tliii< 
hiisinoss.  is  akin  to  t'oat  which  wa,s  kindUii  in 
the  lH>som  of(>ur  fathers  w  hen  they  were  made  the 
vietims  of  oppression  ;  and  if  it  has  not  disjilayed 
itself  in  tlu'  same  way  it  is  he(\ause  we  have  ever 
cherished  the  strongest  feelings  of  confraternity 
towar.ls  our  hiethivn.  an<i  tho  warmest  ami 
UKist  dovvued  att,'iehment  to  the  I'nion.  If  wo 
have  been,  in  any  degree,  divided  avdong  our- 
.selves  in  this  matter,  tho  source  of  (hat  division, 
let  .cvnllemen  he  assured,  has  not  aiisen  so  unich 
friMu  any  liilVeiviice  of  opinion  as  to  the  truo 
character  of  the  ojijuession,  as  t"ron\  the  dilVeivnl 
degrees  of  hope  of  ivdre.<s.  .Ml  parties  have  for 
years  past  heen  10(>king  t'orwarit  t<>  this  crisis 
for  the  fultilinoiit  of  their  hopes,  ov  tlio  eonlir- 
mat  ion  of  their  fears.  And  tJod  grant  that  the 
result  may  he  auspiciiMis. 

"v^^ir.  1  call  njion  gentlemen  on  all  sides  of  the 
House  to  meet  us  in  the  (rue  spirit  of  oouciliation 
and  concession.  Remove.  1  earnestly  lu-secch 
viMi.  from  among  us.  this  never-failing  source  of 
contention.     Dry  up  at  its  source  this  founUun 


ANNO  IHil'^.     AMMtKW  .lArUHON.   I'UKSIfU'.NT. 


'275 


l«il,im  i>n"t, 
111  \\\f  111  I.' 

iiMiiin  W  umvoHhv 

,o\v  l»«'W  in«<ii\'is 
,.\.li>in>f<l :  ''I'"';'' 
H'n,'Hor"oril.-i."l 

,„l   (i>K.'  it.     '  ^^''1 
hw  to  tl>»'  <lit\'"') 


)l'l\i!»  f«iw>ool\w\vitl» 
,.K»of  th»<  Sowtlu-ru 

howsoto  tni'i't  tlu'ir 
pu-it  of  oonoilintitm. 

.  lu'vor  rniliiip;t<o\inY 


-itiou  of  the  Sooth  t.< 
t   brtst'd  on  liii'.l'  »'>'! 
hina:  to  do  \vill»  l'i»v 
|,-M(t\on   of  \\w»-     It 
i>.i.l('n<tioi\s.     Nov  i'^ 
,M>lntion><  of  iutoivsl, 
i,M.<v  impiiWo^-     '•'!>"' 
1,(   h;,vo  tuuiilit  us  !»n 
.Ivt's  iVom  this  on 
1,0  will  ti>  liovo  siii>- 
nvti.-U-  oiuhvivtvil  in 
\  .luty.  without  i\m 
,rt  thtinnsiuqili'oou- 
^ir.  wo  Iwvo  s.-<uiu'<l, 
rosovt  to  i\\»y  l;\it. 

,;\iut:»i>l    llKMU.      Tlio 

■0  outoiv<\  into  thi? 
hioh  w!\s  UiudU'd  in 
nthoywoirmadotlio 
if  it  h"i\s  not  ilisplayiHi 
1vv:\\iso\vohavoo\rv 
„os  of  oontVntornity 
i\   tho   wiwnu'st    ami 

0  tlio  I'nion.  If  «'' 
(hvidoil  unioni;  oiir- 
mvoo  of  that  lUx  ision, 
as  not  arisen  so  n\uc!\ 
nnion  as   to  the  trno 

;»s  fi.nn  the  ditVeivnl 
\U  parlies  have  for 
oiward  to   this  crisis 
hones,  or  tho  eontir- 

1  tlod  grant  that  the 


to 


(if  (lie  wiiterH  of  hiltrnieKM.  HeHloic  that  Inn 
iiioiM  wliii'li  liMM  lieen  di«lnrliei|  timt  tinilniil 
nlli'elioii  nml  eonlldeiiee  wliieli  Ihih  tteeii  ini|iitlr 
eil.  And  it  Ih  in  your  |io\v<>r  to  do  il  IIiIh  day  ; 
lull  llieie  iM  lint  one  nieiniM  inider  lieitveii  liy 
wliii'liit  lan  liy  doiii^  ('i|iiid  jiisliee  In  nil.  And 
lie  iiMsiived  lltitl  lie  to  whom  the  eonntrv  nIiiiII  lie 
iiideltled  for  (lii^  lilesNin^r,  will  lie  conHidered  iih 
(lie  MMMind  rounder  of  (lie  reimlilie.  Il<>  will  lie 
re^aided,  in  hII  iifleilinieH,  an  the  ininiHiri  in); 
iiiit;el  \iHiling-  llie  tronhled  walerH  of  our  |ioliii- 
e;il  di«Hen  iionn.  mid  restorinj;  to  the  element,  ilH 
liealmg  virliieH." 

I  taKe  |ileiiHnit<  in  i|n<itin|j;  llieHe  words  of  Mr. 
Il.'iyne.  Tliey  are  woivlHornindenitionand  of  jim- 
lice  of  sorrow  nioie  than  an^er-  of  ex|Mislnla- 
lion  more  than  meiiiiee  — of  loyiiMy  to  (lie  Union 
— of  sii|i|i1iealion  for  foiheariinee  ;  and  a  m<ivin)r 
n|i|H>al  to  tlie  \\\\<\\  tariff  |iaily  to  avert  li  nalion- 
iil  ealastro|>he  Ity  eeasin)^  to  liennJiiKf.  IIIn  mo- 
(leiiilion,  his  e\|iostiilalion,  IiIk  Hii|i|ilii<alion,  IiIh 
ii|i|ieal  —had  noetfeet  on  the  majority.  'I'lie  pro- 
(iM'tive  py stent  eontiniied  to  he  an  e.\aH|ieratiiin 
IheiiKMlironghont  the  «eHsioii,  wliieli ended  with- 
iiiil  any  sensilde  amelioralion  of  the  HyHtem, 
llioii):li  with  a  rediietion  of  duty  on  somearliele.i 
of  comfort  and  convenience :  aw  nn'onnnonded  hy 
President  .luckHon. 


lULU  on  all  sides  of  the 

le  spirit  of  conciliation 

1   earnestlv  K-secch 

nevcr-failinp  source  of 

t  source  this  fount»m 


CIIArTlUl    TiXX. 

ITTIUO  I,ANM)a.-l)I8TIMIUITION  TO  TIIK  HTATKH. 

Tiir.  elVorts  whicli  had  heon  inakinji;  for  yM-ars  to 
aincliorato  the  pnhlic  land  Kystein  in  the  featntv 
of  their  sale  and  dispositicm,  had  heunn  to  have 
tlieir  efleet — tho  elVect  which  always  attends 
jH'iseverance  in  a  Just  canse.  A  hill  had  ripen- 
ed to  a  third  ix'adin.u:  in  the  Senate  rodnciii)^  the 
]irici>  of  laiKls  which  had  been  Ion}:;  in  market 
less  than  one  half  to  til^y  cents  per  acre — and 
the  pre-emption  principle  had  been  (Irmly  osta- 
blished,  secvirinj;-  the  settler  in  his  lioine  at  a 
fixed  price.  Two  other  principles,  (hose  of  do- 
nations to  actual  settlers,  and  of  (ho  cession  to 
the  States  in  which  (hoy  lio  of  all  land  not  sohl 
within  a  reasonable  and  limited  period,  wore  all 
that  was  wantinp;  to  coinplotc  tho  amolioratod 
system  which  the  graduation  bills  proposed  ; 
and  these  bills  were  makinp;  a  progress  which 
promised  them  an  eventual  success.  All  the 
indications  were  favorable  for  the  speedy  ac- 


compliHlinienl  of  IheNo  great  reforiiiH  in  Iho 
land  system  when  the  session  of  IH.'ll-'.'l'J  opcn- 
ed,  and  with  il  (lie  anilienlii'  anmineialion  of 
tin  exlinrlion  of  (he  piildie  delil  vvitliin  two 
yearn-  wliieh  ev<  ill  noiild  ritnove  the  objection 
of  many  lo  interfering  with  the  Hiibjeel,  tho 
liilids  being  pledged  |i>  that  object.  ThiH  hch 
nion,  preceding  the  preHidential  election,  iind 
galhering  up  ho  many  Hiilijeets  In  go  into  (ho 
eanvasH,  (idl  upon  (he  Innds  for  (lial  pnrpos«<, 
and  in  the  way  in  whi*>b  inaga/.tneH  of  grain  in 
repiiblir-iin  Home,  and  money  in  (lie  Ireasiiry  in 
demoeralie  Adieus,  were  aeeiiH(omed  to  Iw  dealt 
with  by  eaniliflatcH  for  olllci'  in  the  periods  of 
election  ;  that  is  to  say,  were  proposed  for  diN- 
Iribiition.  A  plan  for  dividing  out  among  (he 
States  for  a  given  period  the  money  arising 
from  (he  sale  of  (he  lands,  wnn  reported  from 
the  Conimild'e  on  Maniifiiclnres  by  Mr.  Clay,  a 
member  of  that  conimittee-  and  which  pioperly 
could  hav(>  nolliing  to  do  with  the  sale  and  dis- 
position of  the  lamls.  That  report,  after  a  gen- 
eral history,  and  view  of  tho  public  lands,  cumo 
to  Uu'Hv  conchisions : 

"Upon  full  and  (horongh  consideration,  the 
coinmillee  have  come  to  the  <;on<dnsioii  that  it 
is  inexpedient  either  (o  rediie(!  (lu;  price  of  tlio 
public  lands,  or  (o  cede  them  to  tlie  new  States, 
I'liey  believe,  on  the  contrary,  that  sound  [tolicy 
coincides  with  the  duty  which  has  devolveii  on 
(he  general  government  to  tho  whohi  of  the 
States,  and  tho  whole  of  the  people  of  tho 
Union,  and  enjoins  the  preservation  of  the  ex- 
isting syslcin  as  having  been  tried  and  approv- 
ed after  long  and  (riiimphant  experience.  Hut. 
in  conse(|iience  of  the  extraordinary  (inanoiaf 
jirosperity  which  (he  United  States  enjoy,  tho 
(piestion  merits  examination,  wliether,  wliilst 
th(>  general  gr>vernmi'nt  steadily  retains  tho 
control  of  this  great  national  resonrco  in  its 
own  hands,  after  the  payment  of  tho  public 
debt,  Iho  proceeds  of  (ho  sales  of  tho  public 
lands,  no  longer  needed  to  meet  tho  ordinary 
exjx'nses  of  government,  may  not  be  beneficial- 
ly appropriated  to  some  other  olijocts  f(jr  a  lini- 
ilod  time. 

"  ({overninenls,  no  more  than  individuals, 
f!  onld  bo  seduc(>d  or  intoxicated  l»y  prosperity, 
however  flattering  or  great  it  may  )ie.  The 
country  now  hap|)ily  enjoys  it  in  a  most  nncx- 
amplotl  degree.  VV(!  have  abundant  reason  to 
be  grateful  for  tho  blessings  of  peace  and  plen- 
ty, and  freedom  from  debt.  But  wo  must  be 
forgetful  of  all  history  and  cxperienco,  if  we  in- 
dnj;.'^  tho  delusive  hope  that  wo  shall  always  bo 
exempt  from  calamity  and  reverses.  Seasons 
of  national  adversity,  of  suffering,  and  of  war, 
will    assuredly    come.      A    wise    government 


il^gOT-:-^ 


27G 


TinUTY  VKAKS'  VIEW. 


should  fX|M'r».,  niid  proviilo  for  tlu-tn.  Tiistriid 
of  wiistiiif;  or  h(|imii(li'rin^!;  its  rt'Nourrcn  in  a  |(c- 
rioii  of  p-iicriil  iirosporily,  it  should  hiisliaiid 
and  cherish  thoni  for  thoso  tinu'H  of  triiil  and 
dillii-iilty,  which,  in  tlu>  (lis|H>nsuti()nH  of  Provi- 
dence, may  \w  eertninly  anticipated.  Knter- 
tainiiift  these  viewH,  and  as  the  proceedH  of  the 
Hales  of  the  j)nhlic  lands  an'  not  wanted  for  or- 
dinary reveinie,  which  will  he  abundantly  sup- 
plied fi.fni  the  inijtosts,  the  coniniittcu  resjH'Ct- 
fully  recommend  that  an  appropriation  of  them 
he  made  to  some  other  purpose,  for  a  limited 
time,  Huhjert  to  he  resumed  in  the  contingency 
of  war.  Should  such  an  event  unfortunately 
occur,  the  fund  may  Ih>  witli<lrawn  from  its 
peaceful  destination,  and  applied  in  aid  of  other 
means,  to  tlie  vijiorous  prosecution  of  the  war, 
and.  afterwards  to  the  payment  of  any  <leht 
which  may  he  contracted  in  consequence  of  its 
existence.  And  when  |H'ace  shall  he  apain  re- 
stored, and  the  debt  of  the  new  war  shall  liave 
been  extin);uished,  the  fund  may  he  again  ap- 
propriated to  some  til  object  ttther  than  that  of 
the  onlinary  cxjH'nses  of  government.  Thus 
may  this  great  i-esource  be  jueserveil  and  ren- 
deivd  suhsiTvient,  in  peace  and  in  war,  to  the 
common  bcnotit  of  all  the  States  composing  tlie 
Uni(m. 

"  The  inquiry  remains,  wliat  ought  to  be  th 
specific  apjilication  of  the  finid  under  the  restric- 
tion stated  I  iVfter  ileducting  the  ten  per  cent, 
proposed  to  be  set  apart  for  the  new  States,  a 
portion  of  the  committee  would  liavc  preferred 
that  the  n'sidue  should  be  applied  to  the  ob- 
jects of  internal  improvement,  and  colonization 
of  the  free  bl.icks,  under  the  direction  of  the 
general  government.  But  a  majority  of  the 
committee  believes  it  better,  as  an  alternative 
for  the  scheme  of  wssion  to  the  new  States, 
and  as  being  most  likely  to  give  geneiiil  satis- 
faction, that  the  residue  be  divided  among  tlie 
twenty-four  States,  according  to  their  federal 
re|)resentative  population,  to  be  ai)plied  to  edu- 
cjition,  internal  improvement,  or  colonization,  or 
to  the  redemption  of  any  existing  debt  contract- 
ed lor  internal  improvements,  sis  each  State, 
judging  for  itself,  shall  deem  niost  conformable 
with  its  own  interests  and  policy.  Assuming 
the  annual  product  of  the  sales  of  the  public 
lands  to  be  three  millions  of  dollars,  the  table 
hereto  annexed,  marked  C,  shows  what  each 
State  would  be  entitled  to  I'eceive,  according  to 
the  principle  of  division  which  has  been  stated. 
In  order  that  the  propriety  of  the  proposed  ap- 
propriation should  again,  at  a  day  not  very  far 
distant,  be  brought  under  the  review  of  Con- 
gress, the  committee  would  recommend  that  it 
be  limited  to  a  period  of  live  years,  subject  to 
the  condition  of  war  not  breaking  out  in  the 
mean  time.  By  an  appropriation  so  restricted 
a.s  to  time,  each  State  will  be  enabled  to  esti- 
mate the  probable  extent  of  its  proportion,  and 
to  adapt  its  measures  of  education,  improve- 
ment, colonization,  or  extinction  of  existing 
debt,  accordingly. 


"In  conformity  with  the  views  and  priiuMi)leH 
which  the  committee  have  now  submitted,  tliey 
beg  leave  to  report  a  bill,  entitled  '  An  act  to 
appropriate,  for  a  limited  tune,  the  proceeds  of 
the  sales  of  the  public  lands  of  the  United 
States.' " 

The  Impropriety  of  originating  such  a  bill  in 
the  committee  on  manufactures  was  so  clear  that 
acquiesa>nco  in  it  was  im|M)ssible,  The  cliair- 
man  of  the  committee  on  public  lands  immedi- 
ately moved  its  reference  to  that  committee; 
and  although  there  wivs  a  majority  for  it  in  the 
Senate,  and  for  the  bill  as  it  came  from  the  coni- 
mitteti  on  mantifacturcH,  jet  tlie  refei((n«>  was 
immediately  voted ;  and  Mr.  Claj-'s  report  and 
hill  sent  to  that  committee,  invested  with  gen- 
eral authority  over  the  whole  subj'jct.  Tliat 
committee,  through  its  chairman,  Mr.  King  of 
Alabama,  made  a  coiniter  report,  from  which 
some  extracts  are  hei-e  given : 

"  The  committee  ventures  to  suggest  that  the 
view  which  the  committee  on  maiiufaclures  bus 
taken  of  the  federal  domain,  is  fundamentally 
erroneous ;  that  it  has  misconceived  the  tnu> 
principks  of  nation.al  policy  with  res|K'ct  to  wild 
lauds;  and,  from  this  fundamental  mistake,  ami 
radical  misconcei)tion,  have  resulted  the  gicat 
errors  which  pervade  the  whole  structuiv  of 
their  i-eixirt  and  bill. 

'■  The  committee  on  manufactures  seem  to 
conlemiilate  the  federal  domain  ni"rely  as  iui 
object  of  revenue,  an<l  to  look  for  that  reveiiuc 
solely  from  the  receivers  of  the  land  ofFiccs : 
when  the  .science  of  political  economy  has  ascer- 
tained such  a  fund  to  be  chiefly,  if  not  exclu- 
sively, valuable  inider  the  aspect  of  populalioii 
and  cultivation,  and  the  eventual  extraction  of 
revenue  from  the  people  in  its  customary  modes 
of  taxes  and  imposts. 

"  The  celebrated  Edmund  Burke  is  suppnswl 
to  have  expressed  the  .sum  total  of  political  wis- 
dom oil  this  subject,  in  his  well-known  propD^i- 
tions  to  convert  the  forest  lands  of  the  British 
crown  into  private  jiropert}' ;  and  this  coniiiiil- 
tee,  to  si)»re  themselves  further  argument,  ami 
to  extinguish  at  once  a  political  fallacy  wliiili 
ought  not  to  have  been  broacheil  in  the  iiim- 
teenth  century,  will  make  a  brief  quotation  fVoiii 
the  speech  of  that  eminent  man. 

" '  'l"he  revenue  to  be  derived  from  the  sale  of 
the  forest  lands  will  not  be  so  considerable  as 
many  have  imagined ;  and  l  conceive  it  woiijii 
be  unwise  to  screw  it  up  to  the  utmost,  or  ivin 
to  sutler  bidders  to  enhance,  according  to  their 
eagerness,  the  purchase  of  objects  wherein  tk' 
expense  of  that  puichase  may  weaken  the  capi- 
tal to  be  employed  in  their  cultivation.  *  *  * 
The  principal  revenue  which  I  projiose  to  draw 
from  these  uncultivated  wastes,  is  to  spring  IVoiii 
the  improvement  and  cultivation  of  the  kingdom ; 


ANNO  18:12.     ANDUKW  .lAi  KSON,   I'lM  ^lll|■;^T. 


277 


■H  nntl  I'riiu-iliK'H 
sulmiiltiil,  tlu'y 
itU'd  '  Ah  net  to 
tlu>  i>r()Cfo<lf<  of 
I  of  tho   United 


,i|»  mch  ft  Ij>'1  in 
i  WU8  HO  clear  thiit 
ihlo.    The  chuir- 
ic  InndH  iminedi- 
thnt  comnuttce ; 
ii-ity  for  it  in  thi« 
iiiu'  from  the  com- 
tho  reference  was 
Olay'i*  report  and 
nvested  with  J!;ei\- 
)\o  Huhject.    'l'">at 
man,  Mr.  Kinp  of 
eport,  from  whicli 

to  mipK^s*^  ^^^^^  ^^^ 
11  jnannfaclures  lius 
,1^  is  fimdnmentnlly 
sconceived  the  tnu' 
with  resiH'ct  to  wild 
mental  mistake,  mul 
rcsnUed  the  peat 
whole  structniv  of 

.nufactures   seem  to 

imain  nvndy  as  :in 

|,k  for  that  reveiuu' 

f  the   land   oflici's; 

economy  has  ascir- 

hietly,  if  not  exclii- 

ii-iiecl  of  iioptdati'm 

•utual  extraclion  of 

lits  customary  niodis 

[l  Burke  is  supposod 
total  of  political  wis- 
Iwell-knowu  propo-^i- 

latuls  of  tho  British 
,v;  and  this  cominit- 
Irt'lier  artinment,  ami 
[litical  fallacy  wlucli 

)roached  in  the  niiu- 
brief  <iiiotation  fr^in 

I  man.  . 

[ived  from  the  salo  ol 
|c  so  considerahle  ;i^ 
I  conceive  it  w.mW 
u  the  utmost,  or  evin 
[c,  accordinp  to  then 
1  ohiects  wherein  tlio 
Ly  weaken  the  capi- 
1  cultivation.   * 

lich  T  propose  to  Am' 
listes,  is  to  sprniiX  Iroin 
Tationof  the  kingdom! 


events  iiifliiitely  more  advantageous  to  the  rove- 
iiMiN  of  the  Crown,  than  tho  rentH  of  tho  lu^st 
Iiiiidi'd  estates  which  it  can  hold.  •  ♦  ♦  ♦ 
It  is  thus  that  I  would  diH|)ose  of  the  unprolita- 
liii-  landed  estatcH  of  the  (-rown — throw  them 
iiilii  the  mass  of  private  property — hy  which 
tlii'V  will  come,  throuj^h  the  course  of  circula- 
(ioii  and  through  the  indilical  secretions  of  (he 
sliile.  into  well-regulate)!  revenue.  ♦  ♦  ♦  ♦ 
I'lins  would  fall  an  expensive  iijj;ency,  with  all 
llio  iidluence  which  attends  it.' 

'Tliis  conunittee  takes  leave  to  say  'hat  the 
sentiments  line  exfiressed  hy  Mr.  Iliirke  are  the 
inspiratious  of  p<ditical  wisdom;  that  their  truth 
anil  justice  have  been  tested  in  all  ajrcs  and  all 
countries,  and  particularly  in  our  own  ajje  an<l 
in  oiu'  own  eomitry.  The  history  of  the  public 
lands  of  the  United  States  fiirnishes  the  most 
instructive  lessons  of  the  inutility  of  sales,  the 
vdliie  of  cultivation,  and  the  fallacy  of  larf!:i*  cal- 
cnliitions.  These  lands  were  expected,  at  the 
(inie  they  were  acciuircfl  by  the  United  States,  to 
|iiiy  oir  the  public  debt  immediately,  to  su|)jM)rt 
the  ptvernmcnt,  and  to  furnish  larj^e  surplusses 
for  distribution.  CalculatiouH  for  a  thousand 
millions  were  maile  uiK)n  them,  and  a  charjro  of 
licai'hery  was  raised  against  deneral  Hamilton, 
thin  Secretary  of  the  Treasury,  for  liis  rejKtrt  in 
(ho  year  1701,  in  which  the  fallacy  of  all  the«e 
visionary  calculations  was  ex|)08ed,  and  the  real 
value  of  the  lands  soberly  set  down  at  an  avor- 
ap'  of  twenty  cents  per  acre.  Yet,  after  an  ex- 
inrinient  of  nearly  fifty  years,  it  is  found  that 
till'  sales  of  the  piddic  lands,  so  far  from  paying 
till'  public  debt,  have  barely  defrayed  the  ex- 
|iiiises  of  manajiinp;  the  lands ;  while  the  rcve- 
ino  derived  from  cultivation  has  paid  both  prin- 
rijuil  and  interest  of  the  debts  of  two  wars,  and 
siijiported  the  federal  government  in  a  style  of 
exiienditure  inlinitely  beyond  tho  conceptions  of 
tliDsi'  who  established  it.  The  gross  proceeds 
of  (he  sales  arc  but  thirty-eight  millions  of  dol- 
lars, from  which  the  largo  expenses  of  the  sys- 
toin  are  to  be  deducted  ;  while  the  clear  receipts 
from  the  customs,  after  paying  all  expenses  of 
collection,  amount  to  $550,443,830.  This  im- 
mense amount  of  revenue  springs  from  the  use 
of  soil  reduced  to  private  property.  For  the 
dudes  are  derived  from  imported  goods;  the 
poods  are  received  in  exchange  for  exports ;  and 
the  exports,  with  a  small  deduction  for  the  pro- 
ilucts  of  the  sea,  are  the  produce  of  the  farm 
and  the  forest.  This  is  a  striking  view,  but 
it  is  only  one  half  of  the  picture.  The  other 
lialf  nuist  be  shown,  and  will  display  the  culti- 
viition  of  the  soil,  in  its  immense  exports,  as 
giving  birth  to  commerce  and  navigation,  and 
supjilying  employment  to  all  the  trades  and 
professions  connected  with  these  two  grand 
bran>.hes  of  national  industry ;  while  the  busi- 
ness of  selling  the  land  is  a  meagre  and  barren 
operation,  auxiliary  to  no  iiseful  occupation,  in- 
jurious to  the  young  States,  by  exhausting  them 
of  their  currency,  and  extending  the  patronage 
of  tiie  fuderul  govcrnmcut  iu  the  complicated 


macliinery  of  the  land  ofllee  department.  Such 
has  Im-cii  (he  ditl'erence  between  (he  revenue  re- 
eeiveil  from  tho  sides  aixl  fnun  the  cultivation 
of  the  land;  l>ut  no  |Kiwers  of  cultivation  can 
carry  tuit  the  difreren<-e,  and  sliow  what  it  will 
be:  for,  while  the  sa!«>  of  tiic  land  is  a  sinijle 
operation,  and  can  be  performed  but  once,  the 
extraction  of  revenue  from  its  cul(iva(ion  i~;  an 
annual  and  |H-r|H'tual  pHHu-ss,  increasing  in  pro- 
du(!(iveness  (hrougli  all  time,  with  the  inrnase 
of  popidadiin,  (he  amelioration  of  soils,  (lif  im- 
provement of  the  country,  and  the  application 
of  science  to  the  industrial  pursuits. 

''  This  comnuttee  liave  said  that  the  bill  re- 
ported by  the  Committee  on  Manuliu^tnres,  to 
divide  the  proceeds  of  the  .sal«(s  of  public  lands 
among  the  several  States,  for  a  limited  time,  is  a 
bill  wholly  ina<lniissible  in  principle,  and  essen- 
tially erroneous  in  its  details. 

''  'I'hey  object  to  the  principle  of  th(!  bill,  be- 
cause it  proposes  to  change — and  that  most  in- 
juriously and  fatally  for  the  new  States,  the 
character  of  their  relation  to  tho  fe<leral  govern- 
ment, on  the  sidtject  of  the  public  lands.  That 
relation,  at  present,  imjKJses  on  tho  federal  go- 
vernment the  character  of  a  trustee,  with  the 
nower  and  the  duty  of  disposing  of  the  piihlio 
lands  in  a  liberal  and  c(|uitable  manner.  The 
principle  of  the  bill  proposes  to  substitute  an 
individual  State  interest  in  the  lands,  and  would 
be  {lerfectly  equivalent  to  a  division  of  the  lands 
among  the  States ;  for,  the  power  of  legislation 
being  left  in  their  hands,  with  a  direct  interest 
in  their  .sales,  the  old  and  populous  Stales  would 
necessarily  consider  the  lands  as  their  own,  and 
govern  their  legislation  accordingly.  Sales 
would  be  forbid  or  allowed  ;  surveys  stopped  or 
advanced  ;  prices  raised  or  lowered  ;  donations 
given  or  denied  ;  old  French  and  Sjianish  chiims 
confirmed  or  rejected  ;  settlers  oustetl ;  emigra- 
tions stopped,  precisely  as  it  suited  the  interest 
of  the  old  States  ;  and  this  interest,  in  everj  in- 
stance, would  be  precisely  opposite  to  tho  inte- 
rest of  the  new  States.  In  vain  would  .some  just 
men  wish  to  act  equitably  by  these  new  States; 
their  generous  efforts  would  expose  them  to  at- 
tacks at  home.  A  new  head  of  electioneering 
would  be  opened ;  candidates  for  Congress  'vould 
rack  their  imaginations,  and  exhaust  their  arith- 
metic, in  the  invention  and  display  of  rival  pro- 
jects for  the  extraction  of  gold  from  the  new 
States  ;  and  he  that  would  promise  best  for  pro- 
moting the  emigration  of  dollars  from  the  new 
States,  and  preventing  the  emigration  of  people 
to  them,  would  be  considered  the  best  qualified 
for  federal  legislation.  If  this  plan  of  distribu- 
tion had  been  in  force  heretofore,  the  price  of 
the  public  lands  would  not  have  been  reduced, 
in  1819-'20,  nor  the  relief  laws  passed,  which 
exonerated  the  new  States  from  a  debt  of  near 
twenty  millions  of  dollars.  If  adopted  now, 
these  States  may  bid  adieu  to  their  sovereignty 
and  independence !  They  will  become  the  feu- 
datory vassals  of  the  paramount  States  !  Their 
subjection  and  depcudeuce  will  be  without  limit 


Tlimn'  YEARS'  VIEW. 


or  remedy.  The  flvp  years  mcntiomHl  in  the 
bill  liiid  as  well  be  fifty  or  five  hundred.  The 
State  that  would  Nurreiider  its  sovereignty,  for 
ten  per  centum  of  itn  own  money,  would  eelipne 
the  folly  of  Esau,  unil  become  a  i)roverb  in  the 
annals  of  folly  with  those  who  have  sold  their 
birthright  for  'a  mess  of  pottiige.'  " 

After  these  general  objections  to  the  principle 
and  policy  of  the  distribution  project,  the  report 
of  the  Committee  on  Public  Lands  went  on  to 
show  its  defects,  in  detail,  and  to  exhibit  the 
BiHicial  injuries  to  which  it  would  subject  the 
new  States,  in  which  the  public  lands  lay.  It 
said : 

"  The  details  of  the  bill  ore  pregnant  with  in- 
justice and  unsound  policy. 

"  1.  The  rule  of  distribution  among  the  States 
makes  no  distinction  between  those  States  which 
did  or  did  not  make  cessions  of  their  vacant  land 
to  the  federal  government.  Massachusetts  and 
Maine,  which  are  now  selling  and  enjoying  their 
vacant  lands  in  their  own  right,  and  Connecti- 
cut, which  received  a  deed  for  two  millions  of 
acres  from  the  federal  government,  and  sold  them 
for  her  own  benefit,  are  put  upon  an  equal  foot- 
ing with  Virginia,  which  ceded  the  hnmense  do- 
main which  lies  in  the  forks  of  the  Ohio  and 
Mississippi,  and  Georgia,  which  ceded  Urritory 
for  two  States.    This  is  manifestly  unjust. 

"  2.  Tlie  bill  proposes  benefits  to  some  of  the 
States,  which  they  cannot  receive  without  dis- 
honor, nor  refuse  without  pecuniary  prejudice. 
Several  States  deny  the  power  of  the  federal 
government  to  appropriate  the  public  moneys  to 
objects  of  internal  improvement  or  to  coloniza- 
tiou  A  refusal  to  accept  their  dividends  would 
subject  such  States  to  loss ;  to  receive  them, 
would  imply  a  sale  of  their  constitutional  prin- 
ciples for  so  much  money.  Considerations  con- 
nected with  the  harmony  and  perpetuity  of  our 
confederacy  should  forbid  any  State  to  be  com- 
pelled to  choose  between  such  alternatives. 

"3.  The  public  lands,  in  great  part,  were 
granted  to  the  federal  government  to  pay  the 
debts  of  the  Revolutionary  War ;  it  is  notorious 
that  other  objects  of  revenue,  to  wit,  duties  on 
imported  goods,  have  chieHy  paid  that  debt.  It 
would  seem,  then,  to  be  just  to  the  donors  of  the 
land,  after  having  taxed  them  in  other  ways  to 
pay  the  debt,  that  the  land  should  go  in  relief 
of  their  present  taxes  ;  and  that,  so  long  as  any 
revenue  may  bo  derived  from  them,  it  should  go 
into  the  common  treasury,  and  diminish,  by  so 
much,  the  amount  ot"  their  annual  contributions. 

"  4.  The  colonization  of  free  people  of  color, 
on  the  western  coast  of  Africa,  is  a  delicate 
question  for  Congress  to  touch.  It  connects  it- 
self indissolubly  with  the  slave  question,  and 
cannot  be  agitated  by  the  federal  legislature, 
without  rousing  and  alarming  the  apprehensions 
of  all  the  slaveholding  States,  and  lighting  up 
the  fires  of  the  extinguished  conflagration  which 


lately  blazed  in  the  Missouri  question.  The 
harmony  of  the  Slates,  and  the  <hirability  of  this 
confederacy,  interdict  the  U'tiislntion  of  the  fede- 
ral legislature  upon  this  subject.  Theexisleiieo 
of  slavery  in  the  United  States  is  local  and  wi  c- 
tional.  It  is  confined  to  the  Southern  and  Mid- 
dle States.  If  it  is  an  evil,  it  is  an  evil  to  them, 
and  it  is  their  business  to  say  so.  If  it  is  to  he 
removed,  it  is  their  business  to  remove  it.  Other 
States  put  an  end  to  slavery,  at  their  own  time, 
and  in  their  own  way,  and  without  interference 
from  federal  or  State  legislation,  or  orgonized  so- 
cieties. The  rights  of  equality  demand,  for  the 
remaining  States,  the  same  freedom  of  thought 
and  immunity  of  action.  Instead  of  aKsiiniiiig 
the  Susiness  of  colonization,  leave  it  to  the  slave- 
holding  States  to  do  as  they  please  ;  and  leave 
them  their  resources  to  carry  into  effect  their 
resolves.  Raise  no  more  money  from  them  than 
the  exigencies  of  the  government  require,  and 
then  they  will  have  the  means,  if  they  feel  the 
inclination,  to  rid  themselves  of  a  burden  which 
it  is  theirs  to  bear  and  theirs  to  remove. 

"5.  The  sum  proposed  for  distribution,  though 
nominally  to  consist  of  the  net  proceeds  of  the 
sales  of  the  public  lands,  is,  in  reality,  to  consi>t 
of  their  gross  proceeds.  The  term  net,  as  ap- 
l)licd  to  revenue  from  land  offices  or  custom- 
houses, is  quite  ditlerent.  In  the  latter,  its 
signification  corresponds  with  the  face,  and  im- 
plies a  deduction  of  all  the  expenses  of  collection ; 
in  the  former,  it  has  no  such  implication,  for  the 
expenses  of  the  land  system  are  defrayed  by  ap- 
propriations out  of  the  treasury.  To  make  the 
whole  sum  received  from  the  land  offices  a  fund 
for  distribution,  would  bo  to  devolve  the  lieavy 
expenses  of  the  land  system  upon  the  custom- 
house revenue :  in  other  words,  to  take  so  mucli 
from  the  custom-house  revenue  to  be  divided 
among  the  States.  This  would  be  no  small 
item.  According  to  the  principles  of  the  nccomit 
drawn  up  against  the  lands,  it  would  embrace— 

"  1.  Expenses  of  the  general  land  office. 

"  2.  Appropriations  for  surveying. 

"  3.  Expenses  of  six  surveyor  generals'  offices. 

"4.  Expenses  of  forty-four  land  offices. 

"  5.  Salaries  of  eighty-eight  registers  and  re- 
ceivers. 

"  G.  Commissions  on  sales  to  registers  and  re- 
ceivers. 

"7.  Allowance  to  receivers  for  depositing 
money. 

"  8.  Interest  on  money  paid  for  extinguishing 
Indian  titles. 

'-  9.  Annuities  to  Indians. 

"10, 
title. 

"11.  Expenses  of  annual  removal  of  Indi.ins. 

"  These  items  exceed  a  million  of  dollars.  They 
are  on  the  increase,  and  will  continue  to  gi  ow  .it 
least  until  the  one  hundred  and  thirteen  million 
five  hundred  and  seventy-seven  thousand  eiglit 
hundred  and  sixty-nine  acres  of  land  within  tlie 
limits  of  the  States  and  territories  now  covered 
by  Indian  title  shall  bo  released  from  such  title. 


Future  Indian  treaties  for  extinguishing 


ANN'O  18.ri     ANDREW  JACKSON,  IMllISlDKNT. 


279 


question.  The 
liirnhility  of  tlim 
ition  of  tlic  fi'ik- 
,.  The  exirtteiieo 
U  local  ami  k<  c- 
(iithern  iindMid- 

I  un  evil  to  tluin, 
10.     If  it  in  t"  he 
remove  it.  Other 
t  their  own  time, 
hout  interference 
1,  or  organized  ho- 
y  demand,  for  the 
edom  of  thought 
tend  of  aKHuminj; 
i\ii  it  to  the  slave- 
please  ;  and  leave 
y  mto  effect  their 
ey  from  them  than 
nicnt  require,  and 
m,  if  they  feel  the 
of  a  burden  which 
to  i-cmovc. 

listribution,  though 
t>t  proceeds  of  tlie 

II  reality,  to  consiNt 
le  term  net,  as  ap- 
ottlces  or  custom- 
In  the  latter,  its 

;h  the  fact,  and  im- 
penses  of  collection; 
1  implication,  for  the 
are  defrayed  by  ap- 
5ury.    To  make  the 
!  land  olDces  a  fund 
0  devolve  the  heavy 
m  upon  the  custoni- 
rds,  to  take  so  much 
enue  to  be  divided 
.,ould  be  no  t^mall 
ciplcs  of  the  account 
it  would  embrace— 
•al  land  office, 
irveying. 

>yor  generals'  Graces. 
,r  land  offices, 
ht  registers  and  rc- 

to  registers  and  ro- 


l-ers   for   depositing 
Lid  for  extinguishing 

lies  for  extinguishing 

removal  of  Indians, 
lion  of  dollars.    They 
]  continue  to  giow  at 
[  and  thirteen  niillioii 

even  thousand  eipht 
ges  of  land  within  the 
fritories  now  covered 
lased  fiom  such  title. 


The  reduction  of  tlieso  itemH,  prenent  and  to 
come,  from  the  proposed  fund  for  distribution, 
must  certainly  be  ina<le  to  avoid  a  contradiction 
between  the  profession  and  the  practice  of  the 
bill;  and  this  reduction  might  leave  little  or  no- 
thing for  division  among  the  distributees.  The 
gross  proceeds  of  the  land  sales  for  the  last  year 
were  large;  they  exceeded  three  millicms  of  dol- 
lars ;  but  they  were  equally  largo  twelve  years 
ago,  and  gave  birth  to  some  extravagant  calcu- 
lations then,  which  vanish«;d  with  a  sudden  de- 
cline of  the  laiul  revenue  to  less  than  one  mil- 
lion. The  proceeds  of  181'J  were  !$;{,274,422 ; 
those  of  l«2;j  were  $91(v')23.  The  excessive 
sales  twelve  years  ago  resulted  from  the  exces- 
sive issue  ot  bank  paper,  while  those  of  Ih'M 
were  produ(;ed  by  the  several  relief  laws  passed 
by  Congress.  A  detached  year  is  no  evidenc! 
of  the  product  of  the  sales ;  an  average  of  a  series 
of  years  presents  the  only  approximation  to  cor- 
rectness ;  and  this  average  of  the  last  ten  years 
would  be  about  one  million  and  three  quarters. 
.So  that  after  all  expenses  are  deducted,  with  the 
five  jicr  centum  now  payable  to  the  new  States, 
and  ten  per  centum  proposed  by  the  bill,  there 
may  be  nothing  worth  dividing  among  the  States ; 
certainly  nothing  worth  the  alarm  and  agitation 
which  the  assumption  of  the  colonization  ques- 
tion must  excite  among  the  slaveholding  States; 
nothing  worth  the  danger  of  comitelling  the  old 
States  which  deny  the  power  of  federal  internal 
improvement,  to  choose  between  alternatives 
wiiicli  involve  a  sale  of  their  principles  on  one 
side,  or  a  loss  of  their  dividends  on  the  other ; 
ciTtainly  nothing  worth  the  injury  to  the  new 
States,  which  must  result  from  the  conversion 
of  their  territory  into  the  private  property  of 
tliose  who  arc  to  have  the  power  of  legislation 
over  it,  and  a  direct  interest  in  using  that  power 
to  degrade  and  impoverish  them." 

The  two  sets  of  reports  were  printed  in  extra 
numbers,  and  the  distribution  bill  largely  debated 
in  the  Senate,  and  passed  that  body :  but  it  was 
arrested  in  the  House  of  Representatives.  A 
motion  to  postpone  it  to  a  day  beyond  the  session 
—equivalent  to  rejection — prevailed  by  a  small 
majority :  and  thus  this  first  attempt  to  make 
distribution  of  public  property,  was,  for  the 
time,  gotten  rid  of. 


CHAPTER    LXXI. 

SETTLEMENT  OF  FRENCH   AND  SPANISH    LAND 
CLALM8. 

It  was  now  near  tliirty  years  since  the  pro- 
vince of  Louisiana  had  been  acquired,  and  with 
it  a  mass  of  population  owning  and  inhabiting 


lands,  the  titles  to  which  in  but  few  instances 
ever  hud  been  |)erfected  into  complete  grants;  and 
tlio  want  of  which  was  not  felt  in  a  new  country 
where  land  was  a  gratuitous  gift  to  every  culti- 
vator, and  where   the  government   was  moro 
anxious  for  cultivation  than  the  |K<o|)le  were  to 
give  it.    The  transfer  of  the  province  from  franco 
ami  Spain  to  the  United  States,  found  the  mass 
of  the  land  titles  in  an  inchoate  state;  atul  com- 
ing under  a  government  which  made  merchandise 
out  of  the  soil,  and  among  a  people  who  had  the 
Anglo-Saxon  avidity  for  landed  property,  some 
legislation  and  tribumii  was  necessary  to  separate 
the  perfect  from   the  inifnifect   titles ;  and  to 
provide  for  the  examination  and  perfection  of  the 
latter.     The  treaty  of  cession  protected  every 
thing  that  was  ''property;"  and  un  inchoate  title 
fell  as  well  within  that  category  as  a  perlect 
one.    Without  the  treaty  stipulation  the  law  of 
nations  would  have  operated  the  same  protec- 
tion, and  to  the  same  degree ;  and  that  in  the 
case  of  a  conquered  a.s  well  as  of  a  ceded  people. 
The  principle  was  acknowledged :  the  question 
was  to  apply  it,  and  to  carry  out  the  imperfect  titles 
as  the  ceding  government  would  have  done,  if  it 
had  continued.    This  was  attempted  through 
boards  of  commissioners,  placed  under  limita- 
tions and  restrictions,  which  cut  off  masses  of 
claims  to  which  there  was  no  objection  except 
in  the  conflrming  law ;  and  with  the  obligation 
of  reporting  to  Congress  for  its  sanction  the 
claims  which  it  found  entitled  to  confirmation : 
— a  condition  which,   in   the  distance  of  the 
lands  and  claimants  from  the  seat  of  government, 
their  ignorance  of  our  laws  and  customs,  their 
habitude  to  pay  for  justice,  and  their  natural  dis- 
trust of  a  new  and  alien  domination,  was  equiv- 
alent in  its  eflects  to  the  total  confiscation  of 
most  of  the  smaller  claims,  and  the  quarter  or 
the  half  confiscation  of  the  larger  ones  in  the 
division  they  were  compelled   to  make   with 
agents — or  in  the  forced  sales  which  despair,  or 
necessity  forced  upon  them.    This  state  of  things 
had  been  going  on  for  almost  thirty  years  in  all 
Louisiana — ameliorated  occasionally  by  slight 
enlargements  of  the  powers  of  the  boards,  and 
afterwards  of  the  courts  to  which  the  business 
was  transferred,  but  failing  at  two  essential 
pointfi,^rsf,  of  acknowledging  the  validity  of  all 
cbims  which  might  in  fact  have  been  completed 
if  the  French  or  Spanish  government  had  con- 
tinued under  whicli  they  originated ;  secondly. 


280 


THIRTY  YEARS'  VIKW. 


^^-   'T^r 

''• 

'' 

1:          i 

■ 

1 

I'l' 

in  not  providing  a  clicap,  speedy  and  local  tri- 
bunal to  decide  summarily  upon  claims,  and 
definitively  when  their  dcciBions  were  in  their 
favor. 

In  this  year — ^but  after  an  immense  number 
of  i)coplc  had  been  ruined,  and  after  the  country 
had  been  afflicted  for  a  generation  with  the  curse 
of  unsettled  land  titles — an  act  was  passed, 
foimdcd  on  the  principle  which  the  case  required, 
and  approximating  to  the  process  which  was 
necessary  to  give  it  effect.  The  act  of  1832  ad- 
mitted the  validity  of  all  inchoate  claims — all 
that  might  in  fact  have  been  perfected  under  the 
previous  governments ;  and  established  a  local 
tribunal  to  decide  on  the  spot,  making  two 
classes  of  claims — one  coming  under  the  yrinci- 
ple  aclvnowledged,  the  other  not  coming  under 
that  principle,  and  destitute  of  merit  in  law  or 
equity — but  with  the  ultimate  reference  of  their 
decisions  to  Congress  for  its  final  sanction.  The 
principle  of  the  act,  and  its  mode  of  operation, 
was  contained  in  the  first  section,  and  in  these 
words : 

"  That  it  shall  be  the  duty  of  the  recorder  of 
land  titles  in  the  State  of  Missouri,  and  two 
commissioners  to  be  appointed  by  the  President 
of  the  United  States,  by  and  with  the  advice  anc' 
consent  of  the  Senate,  to  examine  all  the  uncon- 
iirined  claims  to  land  in  that  State,  heretofore 
filed  in  the  office  of  the  said  recorder,  according 
to  law,  founded  upon  any  incomplete  grant,  con- 
cession, warrant,  or  order  of  survey,  issued  by 
the  authority  of  France  or  Spain,  prior  to  the 
tenth  day  of  March,  one  thousand  eight  hun- 
dred and  four ;  and  to  class  the  same  so  as  to 
show,  first,  what  claims,  in  their  opinion,  would, 
in  f  ct,  have  been  confirmed,  according  to  the 
laws,  usages,  and  customs  of  the  Spanish  gov- 
ernment, and  the  practices  of  the  Spanish  au- 
thorities under  them,  at  New  Orleans,  if  the 
government  undei  which  said  claims  originated 
had  continued  in  Missouri ;  and  secondly,  what 
claims,  in  their  opinion,  are  destitute  of  merit, 
in  law  or  equity,  under  such  laws,  usages,  cus- 
toms, and  practice  of  the  Spanish  authorities 
aforesaid';  and  shall  also  assign  their  reasons  for 
the  opinions  so  to  be  given.  And  in  examining 
and  classing  such  claims,  the  recorder  and  com- 
missioners shall  take  into  consideration,  as  well 
the  testimony  heretofore  taken  by  the  boards 
of  commissioners  and  recorder  of  land  titles 
upon  those  claims,  as  such  other  testimony  as 
may  be  admissible  under  the  rules  heretofore 
existing  for  taking  such  testimony  before  said 
boards  and  recorder:  and  all  such  testimony 
shall  be  taken  within  twelve  months  after  the 
passage  of  this  act." 

Under  this  act  a  thirty  years'  disturbance  of 


land  titles  was  closed  (nearly),  in  that  part  of 
Uppi'r  Louisiana,  now  constituting  the  State  of 
Missouri.  The  commissioners  executed  the  act 
in  the  liberal  spirit  of  its  own  enactment,  and 
Congress  confirmed  all  they  classed  as  coming 
under  the  principles  of  the  act.  In  other  parts 
of  Louisiana,  and  in  Florida,  the  same  harassing 
and  ruinous  process  had  been  gone  through  in 
respect  to  the  claims  of  foreign  origin — limita- 
tions, as  in  Jlihisouri,  upon  the  kind  of  claims 
which  might  be  confirmed,  excluding  minerals 
and  saline  waters — limitations  upon  the  quanti- 
ty to  be  confirmed,  so  as  to  split  or  grant,  and 
divide  it  between  the  grantee  and  the  govern- 
ment— the  former  having  to  divide  again  with 
an  agent  or  attorney — and  limitations  upon  the 
inception  of  the  titles  which  might  be  examined, 
so  as  to  confine  the  origination  to  particular 
officers,  and  forms.  The  act  conformed  to  all 
previous  oncvS,  of  requiring  no  examination  of  a 
title  which  was  complete  under  the  previous 
governments. 


CHAPTER    LXXII. 

"KFFECT3  OF  THE  VETO," 

Undkr  this  caption  a  general  register  com- 
menced in  all  the  newspapers  opposed  to  the 
election  of  General  Jackson  (and  the}'  were  a 
great  majority  of  the  whole  number  publislieil), 
immediately  after  the  delivery  of  the  veto  mes- 
sage, and  were  continued  down  to  the  day  of 
election,  all  tending  to  show  the  disastrous  con- 
sequences upon  the  business  of  the  countiy,  and 
upon  his  own  popularity,  resulting  from  thiit 
act.  To  judge  from  these  items  it  would  seem 
that  the  property  of  the  country  was  nearly 
destroyed,  and  the  General's  popularity  entirely ; 
and  that  both  were  to  remain  in  that  state  un- 
til the  bank  was  rechartered.  Their  character 
was  to  show  the  decline  which  had  taken  place 
in  the  price  of  labor,  produce,  and  property — the 
stoppage  and  suspension  of  buildings,  improve- 
ments, and  useful  enterprises — the  renunciation 
of  the  President  by  his  old  friends — the  scarcity 
of  money  and  the  high  rate  of  interest — and  tlic 
consequent  pervading  distress  of  the  whole  com- 
munity. These  lugubrious  memorandums  of 
calamities  produced  by  the  conduct  of  one  man 


ANNO  1832.    ANDREW  JACKSON,  PRESIDENT. 


281 


y).  in  that  part  of 
Luting  the  State  of 
rs  executed  the  act 
iwn  enactment,  and 
Y  classed  as  coming 
ct.    In  other  parts 
the  same  harassing 
n  gone  through  in 
jign  origin — limita- 
the  kind  of  claims 
excluding  minerals 
ns  upon  the  quanti- 
)  split  or  grant,  and 
ee  and  the  govern- 
0  divide  again  with 
imitations  upon  the 
might  be  examined, 
jation  to  particular 
ct  conformed  to  all 
no  examination  of  a 
under  the  previous 


LXXII. 


IE  VETO." 


neial   register  coin- 
pers  opposed  to  the 
>n  (and  thej'  were  a 
number  published), 
cry  of  the  veto  nics- 
down  to  the  day  of 
the  disastrous  con- 
of  the  countiy,  and 
resulting  from  that 
tems  it  would  seem 
country  was  nearly 
popularity  entirely ; 
lin  in  that  state  un- 
ed.    Their  character 
lich  had  taken  place 
!e,  and  property— the 
buildings,  improvc- 
es — the  renunciation 
friends— the  scarcity 
of  interest- and  the 
ess  of  the  whole  com- 
,3  memorandums  of 
conduct  of  one  man 


were  duly  collected  from  the  papers  in  which 
they  were  chronicled  and  rcgisteied  in  "  Niles' 
Register,"  for  the  information  of  posterity ;  and 
a  few  items  novf  selected  from  the  general  regis- 
tration will  show  to  what  extent  this  business 
of  distressing  the  country — (taking  the  facts  to 
he  true),  or  of  alarming  it  (taking  them  to  be 
false),  was  (;arried  by  the  great  moneyed  corpo- 
ration, which,  according  to  its  own  showing,  had 
power  to  destroy  all  local  banks;  and  conse- 
quently to  injure  the  whole  business  of  the 
community.  The  following  are  a  few  of  these 
items — a  small  number  of  each  class,  by  way  of 
showing  the  character  of  the  whole : 

"  On  the  day  of  the  receipt  of  the  President's 
bank  veto  in  New-York,  four  hundred  and  thir- 
ty-seven shares  of  United  States  Bank  stock 
were  sold  at  a  decline  of  four  per  centum  from 
the  rales  of  the  preceding  day.     We  learn  from 
Cincinnati  that,  within  two  days  after  the  veto 
reached  that  city,  building-bricks  fell  from  five 
dollars  to  three  dollars  per  thousand.  A  general 
consternation  is  represented  to  have  pervaded 
the  city.     An  intelligent  friend  of  General  Jack- 
son, at  Cincinnati,  states,  as  the  opinion  of  the 
best  informed  men  there,  that  the  veto  has 
caused  a  depreciation  of  the  real  estate  of  the 
city,  of  from  twenty-five  to  thirty-three  and 
one  third  per  cent."— "A  thousand  people  as- 
sembled at   Richmond,   Kentucky,  to  protest 
a?;ainst  the  veto." — "  The  veto  reached  a  meeting 
of  citizens,  in  Mason  county,  Kentucky,  which  had 
assembled  to  hear  the  speeches  of  the  opposing 
candidates  for  the  legislature,  on  which  two  of 
the  administration  candidates  immediately  with- 
drew themselves  from  the  contest,  declaring  that 
they  could  support  the  administration  no  long- 
er."— "  Lexington,  Kentucky :  July  25th.   A  call, 
signed  by  fifty  citizens  of  great  respectability, 
formerly  supporters  of  General  Jackson,  an- 
nounced their  renunciation  of  him,  and  invited 
all  others,  hi  the  like  situation  with  themselves, 
to  assemble  in  public  meeting  and  declare  their 
sentiments.    A  large  and  very  respectable  meet- 
ing ensued." — "Louisville,  Kentucky:  July  18. 
Forty  citizens,  ex-friends  of  General  Jackson, 
called  a  meeting,  to  express  their  sentiments  on 
the  veto,  declaring  that  they  could  no  longer 
support  him.    In  consequence,  one  of  the  largest 
meetings  ever  held  in  Louisville  was  convened, 
and  condemned  the  veto,  the  anti-tanff  and  anti- 
internal  improvement  policy  of  General  Jackson, 
and  accused  him  of  a  breach  of  promise,  in  be- 
coming a  second  time  a  candidate  for  the  Presi- 
dency."— "  At  Pittsburg,  seventy  former  friends 
of  General  Jackson  called  a  meeting  of  those 
who  had  renounced  him,  which  was  numerously 
and  respectably  attended,  the  veto  condemned, 
and  tlie  bank  applauded  as  necessary  to  the  pros- 
perity of  the  country." — "  Irish  meeting  in  Phi- 


ladelphia. A  cjdl,  signed  by  above  two  thousand 
naturalized  Irishmen,  seceding  from  General 
Jackson,  invited  their  fellow-countrymen  to 
meet  and  choose  between  the  tyiant  and  tlio 
bank,  and  gave  rise  to  a  numerous  assemblage 
in  Independence  Square,  at  which  strong  resolu- 
tions weiv  adopted,  renouncing  Jackson  and  his 
measures,  opposing  hie.  re-election  and  sustaining 
the  bank." — ''  The  New  Orleans  empoi  ium  men- 
tions, among  other  deleterious  effects  of  the  bank 
veto,  at  that  place,  that  one  of  the  State  banks 
liad  alrcad}'  commenced  discounting  four  months' 
paper,  at  eight  per  centum." — "  Cincinnati  far- 
mers look  here !  We  are  credibly  informed  that 
several  merchants  in  this  city,  in  making  con- 
tracts for  their  winter  supplies  of  pork,  are  of- 
fering to  contract  to  pay  two  dollars  fifty  cents 
per  hundred,  if  Clay  is  elected,  and  one  dollar 
fifty  cents,  if  Jackson  is  elected.  Such  is  the 
effect  of  the  veto.  This  is  something  that  peo- 
ple can  understard." — "Baltimore.  A  great 
many  mechanics  are  thrown  out  of  employment 
by  the  stoppage  of  building.  The  jjrospect 
ahead  is,  that  we  shall  have  a  very  distressing 
winter.  There  will  be  a  swift  reduction  of  prices 
to  the  laboring  classes.  Many  who  subsisted 
upon  labor,  will  lack  regular  employment,  and 
have  to  depend  upon  chance  or  charity  ;  and 
many  will  go  supperless  to  bed  who  deserve  to 
be  filled." — "Cincinnati.  Facts  are  stubborn 
things.  It  is  a  fact  that,  last  year,  before  this 
time,  $300,000  had  been  advanced,  by  citizens  of 
this  place,  to  farmers  for  pork,  and  now,  not  one 
dollar.  So  much  for  the  veto." — "  Brownsville, 
Pennsylvania.  AVc  understand,  that  a  large 
manufacturer  has  discharged  all  his  hands,  and 
others  have  given  notice  to  do  so.  We  under- 
stand, that  not  a  single  steamboat  will  be  built 
this  season,  at  Wheeling,  Pittsburg,  or  Louis- 
ville."— "  Niles'  Register  edit'...  ial.  No  King 
of  England  has  dared  a  pr.actical  use  of  the  word 
'  veto,'  for  about  two  hundred  years,  or  more ; 
and  it  has  become  obsolete  in  the  United  King- 
dt)m  of  Great  Britain ;  and  Louis  Philippe  would 
hardly  retain  his  crown  three  days,  were  he  to 
veto  a  deliberate  act  of  the  two  French  Cham- 
bers, though  supported  by  an  army  of  100,000 
men." 

All  this  distress  and  alarm,  real  and  factitious, 
was  according  to  the  programme  which  pre- 
scribed it,  and  easily  done,  by  the  bank,  and  its 
branches  in  the  States :  its  connection  with  mo- 
ney-dealers and  brokers ;  its  power  over  its 
debtors,  and  its  power  over  the  thousand  local 
banks,  which  it  could  destroy  by  an  exertion  of 
its  strength,  or  raise  up  by  an  extension  of  its 
favor.  It  was  a  wicked  and  infamous  attempt, 
on  the  part  of  the  great  moneyed  corporation, 
to  govern  the  election  by  operating  on  the  busi- 
ness and  the  fears  of  the  people — destroying 
Lome  and  alarming  others. 


282 


THIRTY  YEARS'  VIEW. 


CIIAPTER    L  XXI 1 1. 

PRE8IDKNTIAL    KLKCTION   OP   1832. 

Genekal  Jackson  and  Mr.  Van  Buren  were 
the  candidates,  on  one  side  ;  Mr.  Clay  and  Mr. 
John  Sergeant,  of  Pennsylvania,  on  the  other, 
and  the  result  of  no  election  had  ever  been  look- 
ed to  with  more  solicitude.  It  was  a  question 
of  systems  and  of  measures,  and  tried  in  the 
persons  of  men  who  stood  out  boldly  and  un- 
c<inivocalIy  in  the  representation  of  their  re- 
spective sides.  Renewal  of  the  national  bank 
charter,  continuance  of  the  high  protective  po- 
licy, distribution  of  the  public  land  money,  in- 
ternal improvement  by  the  federal  government, 
removal  of  the  Indians,  interference  between 
Georgia  and  the  Cherokees,and  the  whole  Ame- 
rican system  were  staked  on  the  issue,  repre- 
sented on  one  side  by  Mr.  Clay  and  Mr.  Sergeant, 
iuid  opposed,  on  the  other,  by  General  Jackson 
and  3Ir.  Van  Buren.  The  defeat  of  ]Mr.  Clay, 
and  the  consequent  condemnation  of  his  mea- 
sures, was  complete  and  overwhelming.  He 
received  but  forty-nine  votes  out  of  a  totality  of 
two  hundred  and  eiglity-eight !  And  this  re- 
sult is  not  to  be  attributed,  as  done  bj'  Mons. 
de  Tocqtieville,  to  military  fame.  General  Jack- 
son was  now  a  tried  statesman,  and  great  issues 
were  made  in  his  person,  and  discussed  in  ever)' 
form  of  speech  and  writing,  and  in  every  forum. 
State,  and  federal — from  the  halls  of  Congress 
to  township  meetings — and  his  success  was  not 
only  triumphant  but  progressive.  His  vote  was 
a  large  increase  upon  the  preceding  one  of  1828, 
as  that  itself  had  been  upon  the  previous  one 
of  1824.  The  result  was  hailed  with  general 
satisfaction,  as  settling  questions  of  national  dis- 
turbance, and  leaving  a  clear  field,  as  it  was 
hoped,  for  future  temperate  and  useful  legisla- 
tion. The  vice-presidential  election,  also,  had 
a  point  and  a  lesson  in  it.  Besides  concur- 
ring with  General  Jackson  hi  his  systems  of 
policy,  Mr.  Van  Buren  had,  in  his  own  person, 
questions  which  concerned  himself,  and  which 
went  to  his  character  as  a  fair  and  honorable 
man.  He  had  been  rejected  by  the  Senate  as 
niitiister  to  the  court  of  Gre.it  Britain,  under 
circumstances  to  give  eclat  to  the  rejection,  being 
then  at  his  post ;  and  ou  accusations  of  prosti- 


tuting olTicial  station  to  party  intrigue  and  ele- 
vation, and  humbling  his  country  before  Great 
Britain  to  obtain  as  a  favor  what  was  duo  as  a 
right.  He  had  also  been  accused  of  breaking  up 
friendship  between  General  Jackson  and  Mr.  Cal- 
houn, for  the  purpose  of  getting  a  rival  out  of 
the  way — contriving  for  that  purpose  the  disso- 
lution of  the  cabinet,  the  resuscitation  of  the 
buried  question  of  the  punishment  of  General 
Jackson  in  Mr.  Monroe's  cabinet,  and  a  .system 
of  intrigues  to  destroy  Mr.  Calhoun — all  brought 
forward  imposingly  in  senatorial  and  Congress 
debates,  in  pamphlets  and  periodicals,  and  in 
every  variety  of  speech  and  of  newspaper  pub- 
lication ;  and  all  with  the  avowed  purjio-so  of 
showing  him  unworthy  to  be  elected  Vice-Pre- 
sident. Yet,  he  was  elected—  and  triumphantly 
— receiving  the  same  vote  with  General  Jackson, 
except  that  of  Pennsylvania,  which  went  to  one 
of  her  own  citizens,  Mr.  William  Wilkins,  then 
senator  in  Congress,  and  afterwards  Minister  t^) 
Russia,  and  Secrotar}'  of  War.  Another  circum- 
stance attended  this  election,  of  ominous  charac- 
ter, and  deriving  emphasis  from  the  state  of  tlit 
times.  South  Carolina  refused  to  vote  in  it; 
that  is  to  say,  voted  with  neither  party,  and 
threw  away  her  vote  upon  citizens  who  were 
not  candidates,  and  who  received  no  vote  but 
her  own;  namely.  Governor  John  Floyd  of 
Virginia,  and  Mr.  Henry  Lee  of  Massachusetts : 
a  dereliction  not  to  be  accounted  for  upon  any 
intelligible  or  consistent  reason,  seeing  that  the 
rival  candidates  held  the  opposite  sides  of  the 
system  of  which  the  State  comi)lained,  and  that 
the  success  of  one  was  to  be  its  overthrow ;  of 
the  other,  to  be  its  confirmation.  This  circum- 
stance, coupled  with  the  nullification  attitude 
wliich  the  State  had  assumed,  gave  significance 
to  this  separation  from  the  other  States  in  the 
matter  of  the  election :  a  separation  too  marked 
not  to  be  noted,  and  interpreted  by  current 
events  too  clearly  to  be  misunderstood.  Another 
circumstance  attended  this  election,  of  a  nature 
not  of  itself  to  command  commemoration,  but 
worthy  to  bo  remembered  for  the  lesson  it 
reads  to  all  political  parties  founded  upon  one 
idea,  and  especially  when  that  idea  has  nothing 
political  in  it ;  it  was  the  anti-masonic  vote  of 
the  State  of  Vermont,  for  Jlr.  Wirt,  late  United 
States  Attorney-General,  for  President ;  and  for 
Mr.  Amos  Ellmaker  of  Pennsylvania,  for  Vice- 
President.    The  cause  of  that  vote  was  this: 


"■.::i;i      , 

.1;!.' ji'i'.'i 


ANNO  1832.    ANDREW  JACKSON,  PRESIDENT. 


283 


ty  intripuc  and  ele- 
)untry  before  Great 
what  was  due  as  a 
nisecl  of  breaking  up 
FacksonamlMr.Cal- 
tting  a  rival  out  of 
it  pur|)Osc  the  disso- 
resuscitation  of  the 
lishinent  of  General 
abinet,  and  a  .system 
Jalhoun— all  brought 
xtorial  and  Congress 
1  periodicals,  and  in 
d  of  newspaper  pub- 
avowed  purpose  of 
be  elected  Vice-Pre- 
d— and  triumphantly 
rith  General  Jackson, 
ia,  which  went  to  one 
rilliam  Wilkins,  then 
ftcrwards  Minister  to 
"ar.    Another  circum- 
on,  of  ominous  charac- 
from  the  state  of  the 
>fused  to  vote  in  it ; 
h  neither  party,  and 
Ml  citizens  who  were 
received  no  vote  but 
rnor  John  Floyd  of 
.ce  of  Massachusetts : 
counted  for  upon  any 
eason,  seeing  that  the 
opposite  sides  of  the 
complained,  and  that 
be  its  overthrow;  of 
nation.    This  circum- 
nullification  attitude 
med,  gave  significance 
10  other  States  in  the 
paration  too  marked 
terpreted  by  current 
;understood.  Another 
election,  of  a  nature 
commemoration,  but 
■ed  for  the  lesson  it 
ies  founded  upon  one 
that  idea  has  nothing 
anti-masonic  vote  of 
]Mr.  Wii-t,  late  United 
for  President ;  and  for 
•ennsylvania,  for  Vice- 
that  vote  was  this: 


Bome  years  before,  a  citizen  of  New-York,  one 
Mr.  Morgan,  a  member  of  the  Freemason  fia- 
tcrnity,  had  disappeared,  under  circumstances 
wliich  induced  the  belief  that  he  had  been  secret- 
ly put  to  death,  by  order  of  the  society,  for  di- 
vidging  theii  .lecret.  A  great  popular  ferment 
giew  out  of  this  belief,  spreading  into  neighbor- 
ing States,  with  an  outcry  against  all  ma.sons, 
and  ail  secret  societies,  and  a  demand  for  their 
suppression.  Politicians  embarked  on  this  cur- 
rent ;  turned  it  into  the  field  of  elections,  and 
made  it  potent  in  governing  many.  After  ob- 
taining dominion  over  so  many  local  and  State 
elections,  "  anti-masonry,"  as  the  new  enthusi- 
asm was  called,  aspired  to  higher  game,  under- 
took to  govern  presidential  candidates,  subject- 
ing them  to  interrogatories  upon  the  point  of 
their  masonic  faith ;  and  eventually  set  up  can- 
didates of  their  own  for  these  two  high  offices. 
The  trial  was  made  in  the  persons  of  Messrs. 
Wirt  and  Fillmakcr,  and  resulted  in  giving  them 
seven  votes — the  vote  of  Vermont  alone — and, 
in  showing  the  weakness  of  the  party,  and  its 
consequent  inutility  as  a  political  machine.  The 
rest  is  soon  tohl.  Anti-masonry  soon  ceased  to 
have  a  distinctive  existence  ;  died  out,  and,  in  its 
death,  left  a  lesson  to  all  political  parties  found- 
ed in  one  idea — especially  when  that  idea  hasno- 
tliing  political  in  it. 


CHAPTER   LXXIV. 

FIRST  ANNUAL  MES.SAGE  OF  PUESIDKNT  JACK- 
SON AFTKU  lUS  SECOND  ELECTION. 

Tins  must  have  been  an  occasion  of  great  and 
honest  exultation  to  General  Jackson — a  re- 
election after  a  four  years'  trial  of  his  adminis- 
tration, over  an  opposition  so  formidable,  and 
after  having  assumed  responsibilities  so  vast, 
and  by  a  majority  so  triumphant — and  his  mes- 
sage directed  to  the  same  members,  who,  four 
months  before,  had  been  denouncing  his  mea- 
sures, and  consigning  himself  to  popular  con- 
demnation. He  doubtless  enjoyed  a  feeling  of 
elation  when  drawing  up  that  message,  and  had 
a  right  to  the  enjoyment ;  but  no  symptom  of 
that  feeling  appeared  in  the  message  itself, 
ffhicli,  abstaining  from  all  reference  to  the  elec- 
tion, wholly  confined  itself  to  business  topics, 


and  in  the  subdued  style  of  a  business  paper. 
Of  the  foreign  relations  he  was  able  to  give  a 
good,  and  therefore,  a  brief  account ;  ami  pro- 
ceeding quickly  to  our  domestic  alliiirs  gave  to 
each  head  of  these  concerns  a  succinct  conside- 
ration. The  state  of  the  finances,  and  tlie  pub- 
lic debt,  claimed  his  first  attenticm.  The  re- 
ceipts from  the  customs  were  stated  at  twenty- 
eight  millions  oi  dollars — from  the  lands  at  two 
millions — the  payments  on  account  of  the  pub- 
lic debt  at  eighteen  millions ; — and  the  balance 
remaining  to  be  paid  at  seven  millions — to 
which  the  current  income  wotild  be  more  than 
adequate  notwithstanding  an  estimated  reduc- 
tion of  three  or  four  millions  from  the  customs 
in  consequence  of  reduced  duties  at  the  preced- 
ing session.  He  closed  this  head  with  the  fol 
lowing  view  of  the  success  of  his  administration 
in  extinguishing  a  national  debt,  and  his  con- 
gratulations to  Congress  on  the  auspicious  and 
rare  event : 

"  I  cannot  too  cordially  congratulate  Congress 
and  my  fellow-citizens  on  the  near  iipiu-oach  of 
that  memorable  and  happy  event,  the  extinction 
of  the  public  debt  of  this  great  and  free  nation. 
Faithful  to  the  wise  and  patriotic  policy  marked 
out  by  the  legislation  of  the  country  for  this 
object,  the  present  administration  has  devoted 
to  it  all  the  means  which  a  flourishing  commerce 
has  supplied,  and  a  prudent  economy  jjieserved, 
for  the  public  treasury.  Within  the  four  jcars 
for  which  the  people  have  confided  the  execu- 
tive power  to  my  charge,  fifty-eight  millions  of 
dollars  will  have  been  applied  to  the  payment 
of  the  public  debt.  That  this  has  been  accom- 
plished without  stinting  the  expenditures  for 
all  othor  proper  objects,  will  be  seen  by  refer- 
ring to  the  liberal  provision  made,  during  the 
same  period,  for  the  support  and  increase  of  our 
means  of  maritime  and  military  defence,  for  in- 
ternal improvements  of  a  national  character,  for 
the  removal  and  preservation  of  the  Indians, 
and,  lastly,  for  the  gallant  veterans  of  the  Revo 
tion." 

To  the  gratifying  fact  of  the  extinction  of 
the  debt.  General  Jackson  wished  to  add  the 
substantial  benefit  of  release  from  the  burthens 
which  it  imposed — an  object  desirable  in  itself, 
and  to  all  the  States,  and  particularly  to  those 
of  the  South,  greatly  dissatisfied  with  the  bur- 
thens of  the  tariff,  and  with  the  large  expendi- 
ditures  which  took  place  in  other  quarters  of 
the  Union.  Sixteen  millions  of  dollars,  he  stat- 
ed to  be  the  outlay  of  the  federal  government 
for  all  objects  exclusive  of  the  public  debt ;  so 
that  ten  millions  might  be  subject  to  reduction : 


284 


THIRTY  YEARS'  VIEW. 


Il 


and  this  to  be  cflcctcd  so  as  to  retain  a  protcct- 
'm<^  duty  in  favor  of  the  articles  essential  to  our 
defence  and  comfort  in  time  of  war.  On  this 
I)oint  he  said : 

"Those  who  take  an  enlarged  view  of  the 
condition  of  our  country,  must  be  satisfied  that 
the  policy  of  protection  must  be  ultimately  lim- 
ited to  those  articles  of  domestic  manufacture 
which  are  indispensable  to  our  safety  in  time  of 
war.  Within  this  scope,  on  a  reasonable  scale, 
it  is  recommended  by  every  consideration  of 
patriotism  and  duty,  which  will  doubtless  al- 
ways secure  to  it  a  liberal  and  efficient  support. 
But  beyond  this  object,  we  have  already  seen 
the  operation  of  the  system  productive  of  dis- 
content. In  some  sections  of  the  republic,  its 
influence  is  deprecated  as  tending  to  concentrate 
wealth  into  a  few  hands,  and  as  creating  those 
germs  of  dependence  and  vice  which,  in  other 
countries,  have  characterized  the  existence  of 
monopolies,  and  proved  so  destructive  of  liberty 
and  the  general  good.  A  large  portion  of  the 
people,  in  one  section  of  the  republic,  declares  it 
not  only  ine.\i)edient  on  these  grounds,  but  as 
disturbing  the  equal  relations  of  property  by 
legislation,  and  therefore  unconstitutional  and 
unjust." 

On  the  subject  of  the  public  lands  his  recom- 
mendations were  brief  and  clear,  and  embraced 
the  subject  at  the  two  great  points  which  dis- 
tinguish (he  statesman's  view  from  that  of  a 
mere  pclitician.  lie  looked  at  them  under  the 
great  aspect  of  settlement  and  cultivation,  and 
the  release  of  the  new  States  from  the  presence 
of  a  great  foreign  landholder  within  their  limits. 
The  sale  of  the  salable  parts  to  actual  settlers 
at  what  they  cost  the  United  States,  and  the 
cession  of  the  unsold  parts  within  a  reasonable 
time  to  the  States  in  which  they  lie,  was  his 
wise  recommendation  ;  and  thus  expressed  : 

"  It  seems  to  me  to  be  our  true  policy  that 
the  public  lands  shall  cease,  as  soon  as  practica- 
ble, to  be  a  source  of  revenue,  and  that  they  be 
sold  to  settlers  in  limited  parcels,  at  a  price 
barely  sufficient  to  reimburse  to  the  United 
States  the  expense  of  the  present  system,  and 
the  cost  arising  under  our  Indian  compacts. 
The  alvantages  of  accurate  surveys  and  un- 
doubted titles,  now  secured  to  purchasers,  seem 
to  forbid  the  abolition  of  the  present  system, 
because  none  can  be  substituted  which  will 
moie  perfectly  accomplish  these  important  ends. 
It  is  desirable,  however,  that,  in  convenient 
time,  this  machinery  be  withdrawn  from  the 
States,  and  that  the  right  of  soil,  and  the  future 
disposition  of  it.  be  surrendered  to  the  States, 
respectively,  in  which  it  lies. 

"  The  adventurous  and  hardy  population  of 
the  West,  besides  contributing  their  equal  share 


of  taxation  under  our  impost  system,  have,  in 
the  progress  of  our  government,  for  the  lands 
they  occupy,  paid  into  the  treasury  a  large  pro- 
portion of  fi)rty  millions  of  dollars,  and.  of  the 
revenue  received  therefrom,  but  a  small  part 
has  been  expended  amongst  them.  When,  to 
the  disadvantage  of  their  situation  in  this  re- 
spect, we  add  the  consideration  that  it  is  their 
labor  alone  which  gives  real  value  in  the  lands, 
and  that  the  proceeds  r  rising  from  their  sale 
are  distributed  chiefly  among  States  which  had 
not  originally  any  claim  to  them,  and  which 
have  enjoyed  the  undivided  emolument  arising 
from  the  sale  of  their  own  lands,  it  cannot  be 
expected  that  the  new  States  will  remain  longer 
contented  with  the  present  policy,  after  the  pay- 
ment of  the  public  debt.  To  avert  the  conse- 
quences which  may  be  apprehended  from  this 
cause,  to  put  an  end  for  ever  to  all  partial  and 
interested  legislation  on  the  subject,  and  to  af- 
ford to  every  American  citizen  of  enterprise,  the 
opportunity  of  securing  an  independent  free- 
hold, it  seems  to  me,  therefore,  best  to  abandon 
the  idea  of  raising  a  future  revenue  out  of  tlic 
public  lands." 

These  are  the  grounds  upon  which  the  mem- 
bers from  the  new  States  should  unite  and 
stand.  The  Indian  title  has  been  extinguished 
within  their  limits  ;  the  federal  title  should  be 
extinguished  also.  A  stream  of  agriculturists 
is  constantly  pouring  into  theii-  bosom — man}' 
of  them  without  the  means  of  pinchasing  land 
— smd  to  all  of  them  the  whole  of  their  means 
needed  in  its  improvement  and  cultivation. 
Donations  then,  or  sales  at  barely  reimbursing 
prices,  is  the  wise  policy  of  the  government; 
and  a  day  should  be  fixed  by  Congress  in  every 
State  (regulated  by  the  quantity  of  public  land 
within  its  limits),  after  which  the  surrender  of 
the  remainder  should  take  eflfect  within  the 
State ;  and  the  whole  federal  machinery  for  the 
sale  of  the  lands  be  withdrawn  from  it.  In 
thus  filling  the  new  States  and  Territories  with 
independent  landholders— with  men  having  a 
stake  in  the  soil — the  federal  government  would 
itself  be  receiving,  and  that  for  ever,  the  two 
things  of  which  every  government  has  need, 
namely,  perennial  revenue,  and  military  service. 
The  cultivation  of  the  lands  would  bring  in  well- 
regulated  revenue  through  the  course  of  circu- 
lation, and,  what  Mr.  Burke  calls,  "  the  politi- 
cal secretions  of  the  State."  Their  populaticiii 
would  be  a  perpetual  anny  for  the  service  nf 
the  countiy  when  needed.  It  is  the  true  and 
original  defence  of  nations — the  incitement  and 
reward  for  defence — a  freehold,  and  arms  to  de- 


ANNO  1832.    ANDREW  JACKSON,  PRESIDENT. 


285 


,  systcin.  have,  in 
cut,  for  the  lands 
asury  a  lartrc  pro- 
oUars.  and.  of  the 
but  a  small  part 
them.     AVhen,  to 
nation  in  this  re- 
ion  that  it  is  their 
value  io  the  lands, 
ig  from  their  sale 
;  States  which  had 
'  them,  and  which 
cmohiment  arising 
lands,  it  cannot  be 
1  will  remain  longer 
olicv,  after  the  pay- 

0  avert  the  conse- 
■ehendod  from  this 
r  to  all  partial  and 
3  subject,  and  to  af- 
en  of  enterprise,  the 

1  independent  frec- 
>re,  best  to  abandon 
1  revenue  out  of  tlie 


pon  which  the  raem- 
3   should   unite  and 
s  been  extinguished 
ler.ll  title  should  ho 
am  of  agriculturists 
their  bosom— many 
IS  of  purchasing  land 
lole  of  their  means 
nt    and    cultivation, 
barely  reimbursing 
of  the  government; 
)y  Congress  in  every 
intity  of  public  land 
ich  the  surrender  of 
effect  within  the 
■al  machinery  for  the 
idrawn  from  it.    In 
and  Territories  with 
with  men  having  a 
■al  government  would 
lat  for  ever,  the  two 
overnment  has  need, 
and  military  .service, 
would  bring  in  well- 
thc  course  of  circu- 
ke  calls,  "the  politi- 
Iheir  population 
for  the  service  of 
It  is  the  true  and 
, — the  incitement  and 
■bold,  and  arms  to  de- 


fend it.  It  is  a  source  of  defence  which  preced- 
ed standing  armies,  and  should  supersede  them ; 
and  pre-eminently  belongs  to  a  republic,  and 
above  all  to  the  republic  of  the  United  States, 
go  abounding  in  the  means  of  creating  these  de- 
fenders, and  needing  them  so  much.  To  say 
nothing  of  nearer  domains,  there  is  the  broad 
expanse  from  the  Mississippi  to  the  Pacific 
ocean,  all  needing  settlers  and  defenders.  Cover 
it  with  freeholders,  and  you  have  all  the  de- 
fenders that  are  required — all  that  interior  sav- 
ages, or  exterior  foreigners,  could  ever  render 
necessary  to  appear  in  arms.  In  a  mere  milita- 
ry point  of  view,  and  as  assuring  the  cheap  and 
eflBcient  defence  of  the  nation,  our  border,  and 
our  distant  public  teriitory,  should  be  promptly 
covered  with  freehold  settlers. 

On  the  siibject  of  the  removal  of  the  Indians, 
the  message  said : 

"  I  am  happy  to  inform  yoti,  that  the  wise 
and  humane  policy  of  transferring  from  the 
eastern  to  the  western  side  of  the  Mississippi, 
the  remnants  of  our  aboriginal  tribes,  with  their 
own  consent,  and  upon  just  terms,  has  been 
steadily  pursued,  and  is  approaching,  I  trust,  its 
consummation.  By  reference  to  the  report  of 
the  Secretary  of  War,  and  to  the  documents 
submitted  with  it,  you  will  see  the  progress 
which  has  been  made  since  your  last  session  in 
tiie  arrangement  of  the  various  matters  connected 
with  our  Indian  relations.  With  one  exception, 
every  subject  involving  any  question  of  conflict- 
ing jurisdiction,  or  of  peculiar  difficulty,  has  been 
happily  disposed  of,  and  the  conviction  evidently 
gains  ground  among  the  Indians,  that  their  re- 
moval to  the  country  assigned  by  the  United 
States  for  their  permanent  residence,  furnishes 
the  only  hope  of  their  ultimate  prosperity. 

''With  that  portion  of  the  Cherokees,  how- 
ever, living  within  the  State  of  Georgia,  it  has 
been  found  impracticable,  as  yet,  to  make  a 
satisfactory  adjustment.  Such  was  my  anxiety 
to  remove  all  the  grounds  of  complaint,  and  to 
bring  to  a  termination  the  difficulties  in  which 
they  are  involved,  that  I  directed  the  very  Hberal 
propositions  to  be  made  to  them  which  accom- 
pany the  documents  herewith  submitted.  They 
cannot  but  have  seen  in  these  oilers  the  evidence 
of  the  strongest  disposition,  on  the  part  of  the 
government,  to  deal  justly  and  liberally  with 
them.  An  ample  indemnity  was  offered  for  their 
present  possessions,  a  liberal  provision  for  their 
future  support  and  improvement,  and  full  .security 
for  their  private  and  political  riglits.  Whatever 
difference  of  opinion  may  have  prevailed  respect- 
ing the  just  claims  of  these  people,  there  will 
probably  be  none  respecting  the  liberality  of  the 
propositions,  and  very  little  respecting  the  ex- 
pediency of  their  immediate  acceptance.    They 


were,  however,  rejected,  and  thus  the  position 
of  these  Indians  remains  unchanged,  as  do  the 
views  communicated  in  my  message  to  the  Se- 
nate, of  February  22,  1831." 

T^e  President  does  not  mention  the  obstacles 
which  delayed  the  humane  policy  of  transferiing 
the  Indian  tribes  to  the  west  of  the  Mississippi, 
nor  allude  to  the  causes  which  prevented  the 
remaining  Cherokees  in  Georgia  from  accepting 
the  liberal  terms  offered  them,  and  joining  the 
emigrated  portion  of  their  tribe  on  the  Arkansas ; 
but  these  obstacles  and  causes  were  known  to 
the  public,  and  the  knowledge  of  them  was  car- 
ried into  the  parliamentary,  the  legislative,  and 
the  judicial  history  of  the  country.  These 
removals  were  seized  upon  by  party  spirit  as 
soon  as  General  Jackson  took  up  the  policy  of 
his  predecessors,  and  undertook  to  complete  what 
they  had  began.  His  injustice  and  tyrannj'  to 
the  Indians  became  a  theme  of  political  party 
vituperation  ;  and  the  South,  and  Georgia  espe- 
cially, a  new  battle-field  for  political  warfare. 
The  extension  of  her  laws  and  jurisdiction  over 
the  part  of  her  territory  still  inhabited  by  a  jmrt 
of  the  Cherokees,  was  the  signal  for  concentrating 
upon  that  theatre  the  sympathies,  and  the  interfer- 
ence of  politicians  and  of  missionaries.  Congress 
was  appealed  to ;  and  refused  the  intervention 
of  its  authority.  The  Supreme  Court  was  applied 
to  to  stay,  by  an  injunction,  the  operation  of  the 
laws  of  Georgia  on  the  Indian  part  of  the  State  ; 
and  refused  the  application,  for  want  of  juris- 
diction of  the  question.  It  was  applied  to  to  brinj' 
the  case  of  the  missionaries  before  itself,  and  did 
so,  reversing  the  judgment  of  the  Georgia  State 
Court,  and  pronouncing  one  of  its  own  ;  which 
was  disregarded.  It  was  applied  to  to  reverse 
the  judgment  in  the  case  of  Tassells,  and  the  writ 
of  error  was  issued  to  bring  up  the  case ;  and 
on  the  day  appointed  Tassells  was  hanged.  The 
missionaries  were  released  as  soon  as  they  ceased 
their  appeals  to  the  Supreme  Court,  and  address- 
ed themselves  to  the  Governor  of  Georgia,  to 
whom  belonged  the  pardoning  power ;  and  the 
correspondence  and  communications  which  took 
place  between  themselves  and  Governor  Lump- 
kin showed  that  they  were  emissaries,  as  well 
as  missionaries,  and  acting  a  prescribed  part  for 
the  "  good  of  the  country  " — as  they  expressed 
it.  They  came  from  the  North,  and  returned  to 
it  as  soon  as  released.  All  Georgia  was  outraged, 
and  justly,  at  this  political  interference  in  her 


286 


THIRTY  YEARS'  VIEW. 


afTtiirs,  nnd  this  intrusive  philanthropy  in  behalf 
of  IntliaiiB  to  whom  she  gave  the  same  protection 
as  to  her  own  citizens,  and  at  these  attempts, 
Bo  n-peatedly  made  to  bring  her  before  the  Su- 
preme Court.  Her  governors  (Troup,  Gilmer, 
and  I.«tnpiiin,)to  wliom  it  successively  belonged 
to  leprescnt  the  rights  and  dignity  of  the  State, 
did  so  with  lirnmess  and  moderation ;  nnd,  in 
the  end,  all  her  objects  wcro  attained,  and  the 
interference  and  intrusion  ceased  ;  and  the  issue 
of  the  presidential  election  rebuked  the  i)oliticaI 
and  ecclesiastical  intermeddlers  in  hcrafl'airs. 

A  passage  in  the  message  startled  the  friends 
of  the  Bank  of  the  United  States,  and,  in  fact, 
took  the  public  by  surprise.  It  was  an  intima- 
tion of  the  insolvency  of  the  bank,  and  of  the 
insecurity  of  the  public  deposits  therein;  and  a 
recoiniucndation  to  have  the  aflaiis  of  the  in- 
stitution thoroughly  investigated.  It  was  in 
these  terms : 

"  Such  measures  as  are  within  the  reach  of 
the  Secretary  <  f  tlie  Treasury  have  been  taken  to 
enable  him  to  judge  whether  the  public  deposits 
in  that  institution  may  be  regarded  as  entiivly 
safe  ;  but  as  his  limited  power  may  prove  inade- 
quate to  tills  object,  1  reconunend  the  subject  to 
the  attention  of  Congress,  under  the  firm  belief 
that  it  is  wortliy  their  serious  investigation.  An 
intpiiry  into  tlie  transactions  of  the  institution, 
embracing  the  branches  as  well  as  the  principal 
bank,  seems  called  for  by  the  credit  which  is 
given  throughout  the  country  to  many  serious 
chargiN  impeaching  its  character,  and  which,  if 
true,  mav  justly  c.  cite  the  apprehension  that  it 
is  no  longer  a  safe  depository  of  the  money  of 
the  people." 

This  recommendation  gave  rise  to  proceedings 
in  Congress,  which  will  be  noted  in  their  proper 
place.  The  intimation  of  insolvency  was  re- 
ceived with  .«corn  by  the  friends  of  the  great 
corporation — with  incredulity  bj'  the  masses — 
and  with  a  belief  that  it  was  true  only  by  the 
few  who  closely  observed  the  signs  of  the  times, 
and  by  those  who  confided  in  the  sagacity  and 
provident  foresight  of  Jackson  (by  no  means 
inconsiderable  either  in  number  or  juf^gment). 
For  my  own  part  I  had  not  suspicioned  insol- 
vency when  I  commenced  my  opposition  to  the 
renewed  charter ;  and  was  only  brought  to  that 
suspicion,  and  in  fact,  conviction,  by  seeing  the 
flagrant  manner  in  which  the  institution  resisted 
investigation,  when  proposed  under  circumstan- 
ces which  rendered,  it  obligatory  to  its  honor; 
and  which  could  only  be  so  resisted  from  a 


consciousness  that,  if  searched,  something  would 
be  found  worse  than  any  thing  charged.  The 
only  circumstance  mentioned  by  the  President 
to  countenance  suspicion  was  the  conduct  of  the 
bank  in  relation  to  the  payment  of  five  millions 
of  the  three  per  cent,  stock,  ordered  to  have  been 
paid  at  the  bank  in  the  October  preceding  (and 
where  the  money,  according  to  its  returns,  was 
in  deposit) ;  and  instead  of  paying  which  the 
bank  secretly  sent  an  agent  to  London  to  obtain 
delay  fi-om  the  creditors  for  six,  nine  and  twelve 
months ;  nnd  even  to  pjirchase  a  part  of  the  stock 
on  its  account — which  was  done — and  in  clear 
violation  of  its  charter  (which  forbids  the  in- 
stitution to  traffic  in  the  stocks  of  the  United 
States).  This  delay,  with  the  insufficient  and 
illegal  reason  given  for  it  (for  no  rea-son  could 
be  legal  or  sufficient  while  admitting  the  money 
to  be  in  her  hands,  and  that  which  the  bank 
gave  related  to  the  cholera,  and  the  ever-ready 
excuse  of  accommodation  to  the  public),  could 
only  be  accounted  for  from  an  inability  to  pro- 
duce the  funds  ;  in  other  words,  that  while  her 
returns  to  the  treasury  admitted  she  had  the 
money,  the  state  of  her  vaults  showed  that  sbo 
had  it  not.  This  view  was  further  coiifunied 
by  her  attempt  to  get  a  virtual  loan  to  meet  the 
payment,  if  delay  could  not  be  obtained,  or  the 
scock  purchased,  in  the  application  to  the  Londou 
house  of  the  Barings  to  draw  upon  it  for  the 
amount  uncovered  by  delay  or  b}  purchase. 

But  the  salient  passage  in  the  message — the 
one  which  gave  it  a  new  and  broad  emphasis  in 
the  public  mind — was  the  part  which  related  to 
the  attitude  of  South  Carolina.  The  proceed- 
ings of  that  State  had  now  reached  a  point  whirli 
commanded  the  attention  of  all  America,  ami 
could  not  be  overlooked  in  the  President's  mes- 
sage. Organized  opposition,  and  forcible  re- 
sistance to  the  laws,  took  their  open  form ;  and 
brought  up  the  question  of  the  governmental 
enforcement  of  these  laws,  or  submissio'n  to  their 
violation.  The  question  made  a  crisis ;  and  tlio 
President  thus  brought  the  subject  before  Con- 
gress: 

"  It  is  m)''  painful  duty  to  state,  that,  in  one 
quarter  of  the  United  State.'^,  opposition  to  the 
revenue  laws  has  risen  to  a  height  which  threat- 
ens to  thwart  their  execution,  if  not  to  endan- 
ger the  integrity  of  the  Union.  Whatever  oli- 
structions  may  be  thrown  in  the  way  of  the 
judicial  authorities  of  the  general  government, 
it  is  hoped  they  will  be  able,  peaceably,  to  over- 


ANNO  1833.    ANDHEW  JACKSON,  TRKSIDENT. 


287 


,  something  would 
ng  charged.    The 

by  the  President 
the  conduct  of  the 
nt  of  five  millions 
dered  to  have  heen 
,er  preceding  (and 
:o  its  returns,  was 

paying  whifl'  the 

0  London  to  obtain 
six,  nine  and  twelve 
c  a  part  of  the  stock 
done— and  in  clear 
lich  forbids  the  in- 
oclvs  of  the  United 
the  insufllcient  and 
Tor  no  reason  could 
idmitting  the  money 
Imt  which  the  bank 
,  and  the  ever-ready 
10  the  public),  could 

1  an  inability  to  pro- 
rords,  that  while  her 
dmitted  she  had  the 
,ult8  showed  that  sbo 
as  further  confirmud 
;tual  loan  to  meet  the 
,t  be  obtained,  or  the 
lication  to  the  Londou 
draw  upon  it  for  the 

or  bj  purchase, 
in  the  message— the 
,id  broad  emphasis  in 
part  which  related  to 
■olina.    The  proceod- 
rcached  a  point  wliich 
of  all  America,  and 
the  Tresidcnt's  nus- 
;ion,  and   forcible  re- 
their  open  form ;  and 
of  the  govcrnmcntiil 
or  submission  to  their 
iiadc  a  crisis ;  and  tlio 
le  subject  before  Con- 


J  to  state,  that,  in  one 
Itc;  opposition  to  tlic 
I  a  height  which  tlircat- 
lition,  if  not  to  endan- 
rnion.  Whatever  o  )- 
fn  in  the  way  of  the 
|c  general  government, 
"ble,  peaceably,  to  over- 


come them  by  the  prudence  of  their  own  officers, 
an<l  the  patriotism  of  the  people.  But  should 
this  reasonable  reliance  on  the  moderation  and 
good  sense  of  all  portions  of  our  fellow-citizens 
be  disappointed,  it  is  believed  that  the  laws 
themselves  aie  fully  adequate  to  the  suppression 
of  such  attempts  as  may  be  immediately  made. 
Slioiihl  the  exigency  arise,  rendering  the  execu- 
tion of  the  existing  laws  impracticable,  from  any 
cause  whatever,  prompt  notice  of  it  will  be  given 
to  Congress,  with  the  suggestion  of  such  views 
and  measures  as  may  be  deemed  necessary  to 
meet  it." 

Nothing  could  be  more  temperate,  subdued, 
and  even  conciliatory  than  the  tone  and  language 
of  this  indispensable  notice.  The  President 
could  not  avoid  bringing  the  subject  to  the  no- 
tice of  Congress ;  and  could  not  have  done  it  in 
a  more  unexceptionable  manner.  His  language 
was  that  of  justice  and  mildness.  The  peaceful 
administration  of  the  laws  wore  still  relied  upon, 
and  if  any  thing  further  became  necessary  he 
promised  an  immediate  notice  to  Congress.  In 
the  mean  time,  and  in  a  previous  part  of  his 
message,  he  had  shown  his  determination,  so  far 
as  it  depended  on  him,  to  remove  all  just  com- 
plaint of  the  burthens  of  the  tariff  by  cifecting  a 
reduction  of  many  millions  of  the  duties : — a  dis- 
})ensation  permitted  by  the  extinction  of  the 
public  debt  within  the  current  year,  and  by  the 
means  alreadj'  provided,  and  which  would  admit 
of  au  abolition  of  ten  to  twelv  millions  of  dol- 
lars of  duties. 


CHAPTER    LXXV. 

BANK  OF  THE  UNITED  STATES— DELAY  IN  PAY- 
IXC  THE  TIIU'-.E  TEB  CENTS -COMMITTEE  OF 
INVESTIGATION. 

TiiK.  President  in  his  message  had  made  two  re- 
commendations which  concerned  the  bank — one 
tliat  the  seven  millions  of  stock  held  therein  by 
tlie  United  States  should  be  sold ;  the  other  that  a 
committee  should  be  appointed  to  investigate  its 
condition.  On  the  question  of  referring  the  dif- 
ferent parts  of  the  message  to  appropriate  com- 
mittees, Jlr.  Speight,  of  North  Carolina,  moved 
tliat  this  latter  clause  be  sent  to  a  select  commit- 
tee; to  which  Mr.  Wayne,  of  Georgia,  proposed 
an  amendment,  that  the  committee  should  have 
power  to  bring  persons  before  them,  and  to  ex- 


amine them  on  oatli,  and  to  call  upon  the  bank 
and  its  branches  for  papers.  This  motion  gave 
rise  to  a  contest  similar  to  that  of  the  preceding 
.session  on  the  same  point,  and  by  the  same 
actors — and  with  the  same  result  in  favor  of 
the  bank — the  debate  being  modified  by  some 
fresh  and  material  incidents.  Mr.  WicklifTe,  of 
Kentucky,  had  previously  procured  a  call  to  bo 
made  on  the  Secretary  of  the  Treasury  for  the 
report  which  his  agent  was  employed  in  making 
upon  the  condition  of  the  bank ;  and  wished  the 
motion  for  the  committee  to  be  deferred  until 
that  report  came  in.     He  said : 

"  lie  had  every  confidence,  both  from  liis  own 
judgment  and  from  information  in  his  pos.ses- 
sion,  that  when  the  resolution  ho  had  oflered 
should  ri'ceivc  its  answer,  and  the  House  should 
have  the  report  of  the  agent  sent  by  the  Secre- 
tary of  the  Treasury  to  inquire  into  the  afiaire  of 
the  bank,  with  a  view  to  ascertain  whether  it 
was  a  safe  depository  for  the  public  funds,  the 
answer  would  bo  favorable  to  the  bank  and  to 
the  entire  security  of  the  revenue.  Mr.  W.  said 
he  had  hoped  that  the  resolution  he  had  offered 
would  have  superseded  the  necessity  of  another 
bank  discussion  in  that  House,  and  of  the  con- 
sequences upon  the  financial  ami  commercial 
operations  of  the  country,  and  upon  the  credit 
of  our  currency.  He  had  not  understood,  from 
a  hasty  reading  of  the  report  of  the  Secretary  of 
the  Treasury,  that  that  ollicer  had  expres,sed  any 
desire  for  the  appointment  of  any  committee  on 
the  subject.  The  secretary  said  that  he  had 
taken  steps  to  obtain  such  information  as  was 
within  his  control,  but  that  it  was  possil)le  he 
might  need  further  powers  hereafter.  What 
had  already  been  the  elUct  throughf)ut  the 
country  of  the  broadside  discharged  by  the  mes- 
sage at  the  bank?  Its  stock  had,  on  the  recep- 
tion of  that  message,  instantly  fallen  down  to 
104  per  cent.  Connected  with  this  proposition 
to  sell  the  stock,  a  loss  had  already  been  incur- 
red by  the  government  of  hiilf  a  million  of  dol- 
lars. What  further  investigations  did  gentle- 
men require  1  What  new  bill  of  indictment  was 
to  be  presented  ?  There  was  one  in  the  secre- 
tary's report,  which  was  also  alluded  to  in  the 
message:  it  was,  that  the  bank  had,  by  its  un- 
waranted  action,  prevented  the  government  from 
redeeming  the  three  per  cent,  stock  .at  the  time 
it  desired.  But  what  was  the  actual  state  of 
the  fact  ?  W  hat  had  the  bank  done  to  prevent 
such  redemption  ?  It  had  done  nothing  moi  o 
nor  less  than  what  it  had  been  required  by  the 
government  to  do." 

The  objection  to  inquiry,  made  by  Mr.  Wick- 
lifTe, that  it  depreciated  the  stock,  and  made  a 
loss  of  the  difTercnce  to  its  holders,  was  entirely 
fallacious,  as  fluctuations  in  the  price  of  stocks 


288 


TimiTY  YKARS'  VIEW. 


§ 


an*  prt'fttly  nmlor  the  control  of  those  who  gnin- 
Mc  in  theui,  and  who  seize  every  circiinistiince, 
alternntely  to  depress  and  exalt  tliein  j  and  the 
fliictnations  affect  nolwdy  hut  tliosc  who  an» 
bnyers  or  sellers.  Yet  this  objection  was  prnve- 
ly  resorted  to  every  time  that  any  niovctnent 
was  made  which  nffect<>d  the  hank ;  and  arith- 
metical caIe\ilations  were  gravely  gone  into  to 
show,  iijion  each  decline  of  the  stock,  how  mnch 
money  each  stockholder  had  lost.  On  this  oc- 
casion the  loss  of  the  United  States  was  set 
down  at  half  a  million  of  dollars: — which  was 
recovered  finir  days  aflerwanls  n|Km  the  reading 
•if  the  report  of  the  treasiuy  agent,  favorable 
to  the  bank,  and  which  enabletl  the  dealers  to 
put  up  the  shares  to  112  again.  In  the  mean 
time  nobody  lost  any  thing  but  the  gamblers ; 
and  that  was  nothing  to  the  public,  as  the  loss 
of  one  was  the  gain  of  the  other :  and  the  thing 
balanced  itself.  Holders  for  investment  ne'ther 
lost,  nor  gained.  For  the  rest,  Mr.  Wayne,  of 
(icorgir*,  replied: 

"It  has  been  said  that  nothing  was  now  b  - 
fore  the  House  to  make  an  inquiry  into  (he  co:.- 
dition  of  tlie  bank  desirable  or  ntHJossarv.  He 
would  refer  to  the  President's  messagi',  and  to 
the  n  lit  of  the  Secretary  of  the  Treasiirv, 
both  sii;  resting  an  examination,  to  ascertain  if 
the  bank  was,  or  would  be  in  future,  a  safe  de- 
jtository  for  the  public  fimds.  Mr.  W.  did  not 
say  it  was  not,  but  an  incjuiry  into  the  fact 
might  be  very  proper  notwithstanding ;  and  the 
Prosiiieiit  and  Secrotarj',  in  suggesting  it.  had 
imi)iitod  no  suspicion  of  the  insolvency  of  the 
bank.  Eventua'  ability  to  discharge  all  of  its 
oblipitions  is  not  of  itself  enough  to  entitle  the 
bank  to  the  conlidence  of  the  government.  Its 
managinnent,  and  the  spirit  in  which  it  is  man- 
aged, in  diriHit  reference  to  the  government,  or 
to  those  administering  it,  may  make  investiga- 
tion proper.  What  was  the  Executive's  com- 
plaint against  the  bank  ?  That  it  had  interfered 
with  the  payment  of  the  public  debt,  and  would 
postpone  the  payment  of  five  millions  of  it  for 
a  year  after  the  time  fixed  upon  for  its  redemp- 
tion, by  becoming  actually  or  nominally  the 
iwssessors  of  that  amount  of  the  three  per 
centum  stock,  though  the  charter  prohibited  it 
from  holding  such  stock,  and  from  all  advanta- 
ges which  might  accrue  from  the  purchase  of 
it.  True,  the  bank  had  disavowed  the  owner- 
ship. But  of  that  sum  which  hrnl  been  bought 
by  Baring,  Brothers,  &  Co..  under  the  .agree- 
ment witii  the  agent  of  the  bank,  at  ninety-one 
and  a  half,  and  the  cost  of  which  had  been 
charged  to  the  bank,  who  would  derive  the 
benefit  of  the  difference  between  the  cost  of  it 
and  the  par  value,  which  the  government  will 
pay  7    Mr.  W.  knew  this  gain  would  be  efiected 


by  wliat  may  be  the  rate  of  exchange  between 
the  Tnited  ."^tates  and  England,  lint  still  tlwn> 
would  be  pain,  and  who  was  to  receive  it  ?  Ka- 
ring,  Brot.iers,  iVr  Co. ?  No.  The  bank  was,  by 
agreement,  charged  with  the  cost  of  it,  in  a 
separate  account,  on  the  books  of  Baring,  Bro- 
thers, &  Co.,  and  it  had  agn'cd  to  pay  interest 
uiM)n  the  nmouiit.  until  the  stock  was  rrdeenicd. 
"The  ban!:  being  prohibited  to  deal  in  such 
stock,  it  would  be  well  to  intinire,  even  under 
the  present  arrangements  with  llariiig,  Brothers, 
&  (■().,  whether  the  charter,  in  this  n'spect,  wn^ 
snbstantinlly  complied  with.  Mr.  W.  would 
not  now  go  into  the  «piestion  of  the  policy  of 
the  arrang«'ment  by  the  bank  concerning  tlie 
thn>e  iier  cents.  U  may  eventuate  in  great 
public  benefit,  as  regards  the  commerce  of  tho 
country ;  but  if  it  does,  it  will  be  no  apoI(^ 
gy  for  the  temerity  of  an  iiitei fertnce  with  tiio 
fi.\ed  policy  of  the  government,  in  regard  to 
the  payment  of  the  national  debt;  a  policy. 
whicli  those  who  administer  tlie  bank  knew  limj 
been  tixed  by  all  mIio,  by  law,  can  have  any 
agency  in  its  payment.  Nor  can  any  apolnfry 
be  found  for  it  in  the  letter  of  the  Secretary  of 
the  Treasury  of  the  l!»th  of  duly  last  to  Mr. 
Biddle ;  for,  at  IMiiladelphia,  the  day  before,  on 
the  18th.  he  employed  an  agent  to  go  to  Kiiff- 
land,  and  h:id  given  instructions  to  make  an 
arrangement,  by  which  the  payment  of  the  juib- 
lie  debt  was   to  be  postponed  until  October 

18a;?." 

Mr.  Watmongh,  representative  from  the  dis- 
trict in  which  the  bank  was  situated,  disclaiiiied 
any  intention  to  thwart  any  cour.se  which  the 
House  was  disposed  to  take ;  but  said  that  tiic 
charges  against  the  bank  had  painfull}'  aU'ectnl 
the  feelings  of  honorable  men  conneeteil  with 
the  corporation,  and  injured  its  character  ;  and 
deprecated  the  appointment  of  a  select  conmiit- 
tee;  and  proposed  the  Committee  of  Ways  and 
Means — the  siime  which  had  twice  reported  in 
favor  of  the  bank : — and  he  had  no  objection 
that  this  committee  should  be  clothed  with  hI! 
the  powers  proposed  by  Mr.  Wayne  to  be  con- 
ferred upon  the  select  committee.  In  this  slate 
of  the  question  the  report  of  the  treasury  agent 
came  in,  and  deserves  to  be  remembered  in  con- 
trast with  the  actual  condition  of  the  bank  as 
afterwards  discovered,  and  as  a  specimen  of  tlie 
impo.sing  exhibit  of  its  aflairs  which  a  moneyed 
corporation  can  make  when  acti'ally  insolvent 
The  report,  founded  on  the  statements  fiirnisiied 
by  the  institution  itself,  presented  a  superb  con- 
dition— near  eighty  millions  of  assets  (to  be 
precise,  $79,593,870),  to  meet  all  demands 
against  it,  amounting  to  thirty-seven  millions 
and  a  quarter — leaving  forty-two  millions  and 


ANNO  ISM.    ANDllKW  .lACKHON,  I'UFXIDKNT. 


289 


il,  h»it  still  IIh'vo 
()  n'ci'i'i'  it^  l'»- 
riie  liniik  wuR,  '•}' 
,  ooHt  of  it,  ill  ft 
i»  (if  Viiiriiij:,  lln»- 
,>(1  to  piiy  iiittTfst 
[)(k  wnH  ri'dciMiu'il. 
L.(l  to  (lonl  in  Hurh 
Kiuivo,  ovon  uikUt 
h  Hl^rill^^  UrotUns, 
n  tliis  n'siH'Ot,  wii'* 
Mr.  W.  woiiltl 
li  of  tlK«  liolicy  of 
ink  conccniiiig  tlio 
i-vi'iitvi!itc  in  >:r('nt 
lO  coiniiu'i'co  of  tho 
will   \v  no  nvol(^ 
itoi  fi'ivnco  with  tlio 
iim-nt.  ill  ri'};HV»l  to 
iml  (U'l't;  It  l'"l""yi 

•  tlic  Itiviik  know  liiul 
Itiw,  ran  Imvc  nny 

;()r  ran  nnv  iUHilo(:y 

•  of  the  Socn-tiwy  of 
of  .liily  Inst  to  Mr. 
,1,  tlio  (lay  Itoforo,  on 
npont  to  >:;»  to  Kiip- 
uctions  to   make  nn 

nayinonl  of  the  jmb- 
ponca  until  October, 

ntative  from  the  tlis- 
H  sitviati-a,  disclaiiuod 
uy  course  which  the 
ic ;  hut  said  that  the 
uid  iiaiufuUy  atlVcteil 
men  coinioctcd  with 
•d  its  character  ;  uiul 
,t  of  a  felcct  coimnit- 
lunittee  of  VVay«  «i"l 
lad  twice  reported  in 
he  had  no  ohjecticm 
d  be  clothed  with  nil 
dr.  Wayne  to  he  con- 
imittce.    In  this  slate 
of  the  treasury  agent 
c  remembered  in  con- 
dition of  the  bank  as 
as  a  specimen  of  the 
[airs  which  a  moneyed 
Icn  acti'ally  insolvent. 
.  statements  furni^^hed 
resented  a  superb  con- 
ons  of   assets  (to  Iw 
meet   all    demands 
thirty-seven  millions 
forty-two  millions  and 


a  quarter  for  the  sforkho1dor«;  of  which  thirty- 
five  millions  would  reiniburso  tho  stock,  and 
seven  and  a  quarter  milliouH  remain  for  divi- 
dcml.  Mr.  I'olk  stated  that  tliis  n  port  was  a 
mere  conqicndlum  of  the  monthly  Imnk  nlnrns, 
nhowiiiK  nothiup;  which  these  returns  did  not 
hhow;  and  eH|K'ciftlly  nothinj!;  of  the  ei^^ht  mil- 
lions of  unavailable  funds't^diieh  had  been  ascer- 
tained to  e.xist,  and  which  had  been  accumulat- 
inp  for  ei};htcen  years,  oii  the  point  of  the 
non-payment  of  the  three  pl-r  cents,  ho  said  : 

'•The  Secretary  of  tho  I^MyKiry  had  j;ivcn 


public  n()tice  that  the  wh()leaiui)UnU7fth»jlir«'('    iu  the  ISank  of  tho  United  States."     Mr.  Polk, 
|)cr  cents  would  Iw  paid  olFon  the  first  (ifTrrrijt_^ne  c/  Mie 


fCT 

The  bank  was   apprised  of  this   arraii^^einenf, 
and  on  its  application  tho  treasury  department 
consented  to   NUS|KMid   the   redemption  of  one 
lliirdof  this  stock  until  the  lirst  of  October,  the 
Jmnk   paying  tho   interest  in  the  mean  while. 
But,  if  t)io  conilition  of  the  bank  was  so  very 
prosperous,  as  has  been  represented,  why  did  it 
make  so  great  a  sacrilico  as  to  pay  interest  on 
that  largt!  amount  for   three   months,  fur  the 
sake  of  deferring  the  payment?    The  Secretary 
of  the  Treasury,  on  tho  lUth  -Mdy,  determined 
timt  two  thirds  of  the  stock  shoidd  be  paid  off 
(in  the  lirst  of  October;  and,  on  the  IHth  of  Ju- 
ly what  did  tho  bai.i.  do?      It  dispatched  an 
a^.'cnt  to  liondon,  with  lut  the  knowledge  of  the 
(riasiiry,  and  for  what?     In  eiii'ct,  to  bori'ow 
Ti.Oi  1(1,(100  dollars,  for  that  was  the  amount  of 
(lie  transaction.     From  this  fact  Mr.  I*,  inferred 
tiiat  the  bank  was  unable  to  go  on  without  the 
imlilie  dep  )sit.s.     They  then  made  a  comniuni- 
catiim  to   the  treasury,  stating  (hat  the  bank 
would  hold  lip  such  certidcates  as  it  could  con- 
trol, to  suit  the  convenience  of  the  government; 
liiit  was  it  on  this  account  that  they  sent  their 
U|,'ent  to  Iiondon  ?     Did  the  president  of  the 
lianlv  himself  assign  this  reas(m?     No;  he  gave 
a  very  dilf'erent  account  of  the  matter;  he  said 
that  the  bank  apprehended  that  the  spread  of 
till'  cholera  might  produce  great  distress  in  the 
oiiuitry,  and  that  the  bank  wished  to  ludd  itself 
i:i  an  attitude  to   meet   the  public  exigencies, 
mid  that  with  this  view  an  agent  was  sent  to 
make  an  arrangement  with  the  IJarings  for  with- 
iiolding  three  millions  of  the  stock." 

The  motion  of  Mr.  Watmough  to  refer  the 
inquiry  to  tho  Committee  of  Ways  and  Means, 
\.as  carried ;  and  th.at  committee  soon  reported : 
Jirntj  on  the  point  of  postponing  tho  payment 
uf  a  part  of  the  throe  per  cents,  that  the  busi- 
i  ness  being  now  closed  by  tho  actual  payment 
i  of  that  stock,  it  no  longer  presented  any  im- 
portant or  practicable  point  of  incpiiry,  and  did 
not  call  for  any  action  uf  Congress  npon  it ;  and. 


lie  d(>positH,  that  there  could  bo  no  doubt  of  tho 
eidire  soundness  of  tho  whole  bank  capital,  after 
meeting  all  demands  upon  it,  either  by  itR  bill 
holders  or  the  government;  and  that  such  was 
the  oiiinion  of  the  committee,  who  felt  great 
cou(i(lenct>  in  the  well-known  t^haracter  and  in- 
telligence of  the  directors,  whose  testimony  Hup- 
purt«'(l  the  facts  on  which  the  committee's  opin- 
ion rested.  And  they  concluded  with  a  resolve 
which  they  reconnnended  to  tho  adoption  of 
the  House,  "That  the  government  deposits  may, 
in  the  oitinion  of  the  House,  lie  safely  continued 


committee,  dis.sented  from  tho  re- 
port, and  argued  thus  against  it: 

"  I  To  hoped  that  gentlemen  who  believed  tho 
time  of  the  House,  at  this  period  of  tho  session, 
to  be  necessarily  valuable,  would  not  press  the 
(Minsideration  of  this  resolution  upon  the  House 
at  this  juncture.  During  the  small  remainder 
of  the  session,  tliere  were  several  measures  of 
the  highest  public  importance  which  remained 
to  be  act«d  on.  For  one,  he  was  extremely 
an.xious  that  tho  session  should  close  by  12 
o'clock  to-night,  in  order  that  a  sitting  upon  tho 
Sabbath  might  be  avoided.  He  would  not  pro- 
ceed in  expressing  his  views  until  he  should  un- 
derstand from  gentlemen  whether  they  intended 
to  press  th(!  House  to  a  vote  upon  this  resolu- 
tion. [A  remark  was  made  by  Mr.  Ingcrsoll, 
which  was  not  heard  distinctly  by  the  reporter.] 
Mr.  I',  proceeded.  As  it  had  l)een  indicated 
that  gentlemen  intended  to  take  a  vote  upon  the 
resolution,  he  would  ask  whether  it  was  possi- 
ble for  tho  memlM?rs  of  the  llouso  to  exprcsa 
their  opinions  on  this  subject  with  an  adequate 
knowledge  of  the  facts.  The  (Jommittee  of 
Ways  and  Means  had  spent  n(  arly  the  wh(de 
session  in  the  examination  of  <»ne  or  two  points 
connected  with  this  subject.  'J'he  range  of  in- 
vestigation had  been,  of  necessity,  much  less, 
extensive  th.an  the  deep  importance  of  the  sub- 
ject required  ;  but,  beftjre  any  opinion  could  be 
properly  expressed,  it  was  important  that  the 
facts  developed  by  the  committee  should  be  un- 
derstood. There  had  been  no  opportunity  for- 
tius, and  there  was  no  necessity  for  the  expres- 
sion of  a  premature  opinion  unless  it  was  consi- 
dered essential  to  whitewash  the  bank.  If  the 
friends  of  the  bank  deemed  it  indispensably  neces- 
sary, in  order  to  sustain  the  })ank,  to  call  for  an 
expression  of  opinion,  where  the  Hou.se  had  en- 
joyed no  opportunity  of  examining  the  testimony 
and  proof  upon  which  ahme  a  correct  opinion 
could  be  formed,  he  should  be  compelled,  briefly, 
to  jiresent  one  or  two  facts  to  the  House.  1 1  had 
been  one  of  the  objects  of  the  Committee  of  Ways 
and  Means  to  ascertain  the  circumstances  relative 
to  tho  postponement  of  the  redemption  of  the 


^Stcondli/,  on  the  p(/int  of  the  safety  of  the  pub-  i  threepercent.  stock  by  the  bank..  With  the  mass, 

Vol.  I.— 19 


1  ! 


«*ii! 


290 


THIRTY  YFARS'  V.EW. 


i 


:ft 


'if 


of  otiicr  iinpoitnnt  duties  dovolviiip;  upon  the 
comniittoo,  hh  full  mi  invostipiition  of  tlie  cmi- 
dition  (if  the  bunk  us  wus  desirable  could  not  be 
exiM-'cted.     Tlie  coimnittec,  theiefore,  hud  been 
obliged  to  limit  tlieir  iiiquiries  to  tliiH  (subject 
of  tlie  three  per  cents ;  the  other  subjectH  of 
investi<i;utioii  were  only  incidentul.     Upon  this 
main  Hubject  of  inquiry'  the  whole  commit  tee, 
ninjority  as  well  as  nunority,  were  of  opinion 
that  the  bunk  had  exceede(l  its  lej^itininte  au- 
thority, and  hud  taken  measures  which  were  in 
direct  violation  of  its  charter.     He  would  read 
a  Rinple  sentence  from  the  report  of  the  major- 
ity, which  conclusively  established  this  position. 
In  the  transactions  upon  this  subject,  the  ma- 
jority of  the  committee  expressly  say,  in  their 
report,  that  '  the  bank  exceeded  its  legitimate 
authority',  and  that  this  proceeding  had  no  suf- 
ficient warrant  in   the  correspondence  of  the 
Secretary  of  the  Treasury.'    Could  language  be 
more  explicit  ?  It  was  then  the  unanimous  opin- 
ion of  tin-  committee,  upon  this  main  topio  of 
inquiry,  that  the  bunk  had  cxceeiled  its  legiti- 
mate authority,  and  that  its  proceedings  relutive 
to  the  three  per  cents  had  no  suflicient  warrant 
in  the  correspondence  of  the  Secretary  of  the 
Treasury.     The  Bank  of  the  United  States,  it 
must  be  remembered,  had  been  made  the  place 
of  deposit  for  the  public  revenues,  for  the  pur- 
pose of  meeting  the  expenditures  of  the  govern- 
ment.   With  the  public  mone}-^  in  its  vaults,  it 
was  bound  to  pay  the  demands  of  the  govern- 
ment.   Among  these  demands  upon  the  public 
money  in  the  bank,  was  that  portion  of  the  pub- 
lic debt  of  which  the  redemption  had  been  or- 
dered.    Had  the  bank  manifesteu  a  willingness 
to  pay  out  the  public  money  in  its  possession 
for  this  object  ?    On  examination  of  the  evi- 
dence it  would  be  found  that,  as  early  as  March, 
1832,  the  president  of  the  bank,  without  the 
knowledge  of  the  government  directors,  had  in- 
stituted a  correspon'lencc  with  certain  holders 
of  the  public  debt,  for  the  purpose  of  procuring 
a  postponement  of  its  redemption.    There  was, 
at  that  time,  no  cholei-a,  which  could  be  charged 
with   giving  occasion  to  the    correspondence. 
When  public  notice  had  been  given  by  the  Sec- 
retary of  the  Treasury  of  the  redemption  of  the 
debt,  the  president  of  the  bank  immediately  came 
to  Washington,  and  requested  that  the  redemp- 
tion might  be  postponed.    And  what  was  the 
reason  then  assigned  by  the  president  of  the 
bank  for  this  postponement?    Why,  that  the 
measure  would  enable  the  bank  to  afford  the 
merchants  great  facilities  vjt  the  transaction  of 
their  business  under  an  extraordinary  pressure 
upon  the  money  market.     What  was  the  evi- 
dence upon  this  point  ?    The  proof  distinctly 
showed  that  there  was  no  extraordinary  pres- 
sure.   The  monthly  statements  of  the  bank  es- 
tablished that  there  was,  in  fact,  a  very  consider- 
able curtailment  of  the  facilities  given  to  the 
merchants  in  the  commercial  cities. 

"  The  minority  of  the  Committee  of  Ways 
and  Means  had  not  disputed  the  ability  of  the 


bunk  to  discharge  its  dtbts  in  its  own  convenient 
time  ;  but  had  the  bunk  promptly  paid  the  public 
money  deposited  in  its  vaults  when  called  for? 
As  early  as  October,  IS31,  the  bunk  had  antici- 
pated that  during  the  course  of  18.'i2  it  would 
not  be  allowed  the  tnidisturbed  and  permilhcnt 
u.«c  of  the  public  dejioHits,     In  the  circular  orders 
to  the  several  brunches  which  were  then  issued, 
the  necessity  wus  stuted  for  collecting  the  means 
for   refunding   those  dejmsits   from   the   loans 
which   were   then  outstanding.     Efforts   were 
made  by  the  brunches  of  the  West  to  mako 
collections  for  that  object ;  but  those  efforts  en- 
tirely failed.     The  debts  due  upon  loans  made 
by  the  >V\'stern  branches  had  not  been  curtailed. 
It  was  found  impo.ssiblc  to  curtail  them.    As 
the  list  of  discounts  had  gone  down,  the  list  of 
domestic  bills  of  exchange  had  gone  up.     Tho 
application  before  allude(l  to  was  made  in  March 
to  Mr.  Ludlow,  of  New-York,  who  represented 
about  1,7()(),()00  of  tho  public  debt  to  postpone 
its  redemption.   This  expedient  also  failed.    Then 
the  president  of  the  bank  came  to  Washington 
for  the  purpose  of  procuring  the  postponement 
of  the  period  of  redemption,  upon  the  grouml 
that  an  extraordinary  pressure  existed,  and  the 
public  interest  would   be  promoted  by  enublin): 
the  bank  to  use  the  public  money  in  aflbrdinir 
facilities   to  the  merchants  of  the  commercial 
cities.     And  what  next  ?     In  •Mily,  the  president 
of  the  bank  and  the  cxehiinge  committee,  without 
the  knowledge  of  the  heiiil  of  the  treasury,  or 
of  the  board  of  directois  of  the  bank,  institutiMJ 
a  secret  mission  to  England,  for  the  pin'po.so  of 
negotiating  in  eilect  a  loan  of  five  millions  of 
dollars,  for  which  the  bank  was  to  pay  interest. 
The  propriety  or  object  of  this  mission  was  not 
laid  before  the  board  of  directors,  and  no  clue 
was  afforded  to  the  government.    Mr.  Cadwal- 
ader  went  to  England  upon  this  secret  mission. 
On  the  1st  of  October  the  bank  was  advised  of 
the  arrangement  made  by  Mr.  Cadwalader,  by 
which  it  was  agreed,  in  behalf  of  the  bank,  to 
purchase  a  {)art  of  the  debt  of  the  foreign  holders, 
and  to  defer  the  redemption  of  a  part.     Now,  it 
was  well  known  to  every  one  who  had  taken 
the  trouble  to  read  the  charter  of  the  bank,  that 
it  was  expressly   prohibited  from  purchasing 
public  stock.    On  the  15th  October  it  was  dis- 
covered that  Cadwalader  had  exceeded  his  in- 
structions.   This  discovery  by  the  bank  took 
place  immediately  after  tho  circular  letter  of 
Baring,  Brothers,  &  Co.,  of  London,  announcing 
that  the  uirangement  had  been  pubhshed  in  one 
of  the  New-York  papers.     This  circular  gave  lisc 
first  information  to  the  government,  or  to  any  one 
in  this  country,  as  far  as  he  was  advised,  excepting 
the   exchange  connnittee  of  the  bank,  of  tlie 
object  of  Cadwalader's  mission.     In  the  liniitcil 
time  wluch  could  now  be  spared  for  this  discus- 
sion, it  was  impossible  to  go  through  the  parti- 
culars of  this  scheme.    It  would  be  seen,  on 
examination  of  the  transaction,  that  the  bank 
had  directly  interfered  with  the  redemption  of 
the  public  debt,  for  the  obvious  reason  that  it 


ANNO  1833,     ANDREW  JACK80N,  TOFSIDENT. 


291 


.  own  convenient 
y  \m\  the  public 
^vhcn  called  fori 
Imnk  hnd  nntici- 
,f  \W.V2  it  would 
d  nnd  permanent 
he  circular  orders 
rt'cre  then  isrtuea, 
lecting  the  means 
from  the  loans 
y.     Efforts   were 
oAVcst  to  make 
t  those  cllbrta  cn- 
upon  loanH  made 
not  been  curtailed, 
curtail  them.    As 
,  down,  the  list  of 
ad  gone  up.    Tho 
vas  made  m  March 
who  represented 
c  debt  to  postpone 
,t  also  failed.    Then 
xme  to  Washington 
the  postponement 
I  upon  the  ground 
irc  existed,  and  the 
omoted  by  emiblinir 
money  in  aftbrdiii!: 
(,f  the  comnierciul 
rt.lidv,thepresi(lent 
ecomuiittee.  without 
of  the  treasury,  or 
the  bank,  instituteil 
I  for  the  piu'posc  of 
I  of  five  millions  of 
was  to  pay  intciest. 
itiiis  mission  was  not 
Erectors,  and  no  clue 
Imcnt.    Mr.  Cadwal- 
this  secret  mission. 
,ankwas  advised  of 
I  Mr.  Cadwalader,  by 
[half  of  the  bank,  to 
,f  the  foreign  holders, 
of  a  part.    Now,  il 
one  who  had  taken 
Irter  of  the  bank,  that 
[ud  from  purcha.smg 
'  October  it  was  dis- 
lad  exceeded  his  ui- 
iv  by  the  bank  took 
Kic  circular  letter  of 
London,  annoimcin? 
neen  published  in  one 
prhis  circular  gave  the 
.rnment,ortoanyom 
ivas  advised,  excepting 
of  the  bank,  ol  Hie 
Ission.    In  the  limited 
spared  for  this  discu- 
KO  through  the  parti- 
%  would  be  seen,  on 
Lction,that  the  hank 
[th  the  redemption  0 
bvious  reason  that « 


wftfl  unable  to  refund  the  public  dcpoBits.  Tlie 
ciioli  ni  was  not  the  urouiid  of  the  correspondence 
with  I<udl()w.  It  was  not  the  cholera  which 
brought  the  president  of  the  bank  to  Washington, 
to  nqiiest  tlie  postponement  of  the  redemption 
uf  tlie  debt ;  nor  wa.s  it  the  cholera  which  led  to 
the  resolution  of  the  exchange  committee  of  the 
bank  to  send  Cadwalfuler  to  England.  The  true 
disorder  was,  the  impossibility  in  which  the 
bank  found  itself  to  concentrate  its  funds  and 
diminish  its  loans.  It  hud  been  stated  in  the 
report  of  the  majority  of  the  committee,  that  the 
cirtiflcates  of  the  greater  portion  of  the  three 
jicr  cents  liad  been  surrendered.  It  had  been 
said  that  there  was  now  less  than  a  million  of 
this  debt  outstanding.  In  point  of  fact,  it  would 
sciin.  from  the  correspondence,  that  between  one 
and  two  millions  of  the  debts  of  which  the  cer- 
tiliciites  had  been  surrendered,  had  been  paid  by 
tlie  bank  becoming  debtor  to  the  foreign  holder 
instead  of  the  government.  The  directors  appear 
to  ciippt)sc  this  has  not  been  the  case,  but  the 
correspondence  shows  that  the  certificates  have 
been  sent  homo  under  this  arrunf^ement.  After 
this  brief  explanation  of  the  conduct  of  the  bank 
in  relation  to  the  public  deposits,  he  would  ask 
whether  it  was  necessary  to  sustain  the  credit 
uf  the  bahk  by  adopting  this  resolution." 

The  vote  on  the  resolution  was  taken,  and 
resulted  in  a  large  majority  for  it — 109  to  40. 
Those  who  voted  in  the  negative  were :  John 
Anderson  of  Maine ;  William  G.  Angel  of  New- 
York;  William  S.  Archer  of  Virginia;  James 
Bates  of  Maine;  Samuel  Beardsley  of  New- 
York  ;  John  T.  Bergen  of  New- York  ;  Laughlia 
Bethune  of  Nortli  Carolina;  John  Blair  of 
Tennessee ;  Joseph  Bouok  of  New- York ;  John 
C.  Brodhead  of  New- York;  John  Carr  of 
Indiana;  Clement  C.  Clay  of  Alabama;  Henry 
V.  Connor  of  North  Carolina ;  Charles  Dayan 
of  New-York ;  Thomas  Davenport  of  Virginia  ; 
William  Fitzgerald  of  Tennessee ;  —  Clayton 
cf  Georgia  ;  Nathan  Gaither  of  Kentucky  ; 
AVilliam  F.  Gordon  of  Virginia;  Thomas  H. 
Hall  of  North  Carolina;  Joseph  W.  Harper 
of  New  Hampshire  ;  —  Hawkins ;  Michael 
Ilotfman  of  New-York  ;  Henry  Horn  of  Penn- 
sylvania ;  Henry  Hubbard  of  New  Hampshire ; 
Adam  King  of  Pennsylvania ;  Joseph  Lecompte 
of  Kentucky ;  Chittenden  Lyon  of  Kentucky ; 
Joel  K.  Mann  of  Kentucky ;  Samuel  W.  Mardis 
of  Alabama ;  John  Y.  Mason  of  Virginia ;  Jon- 
athan McCarty  of  Indiana ;  Thomas  R.  Mitchell 
of  South  Carolina ;  Job  Pierson  of  New- York ; 
James  K.  Polk  of  Tennessee;  Edward  C.  Reed 
of  New- York ;  Nathan  Soule  of  New-York ; 
Jesse  Speight  of  North  Carolina;  Jas.  Standifer 


of  Tcnnessoe ;  Francis  Thomas  of  Maryland  ; 
Wiley  Thompson  of  (Jeornia ;  Daniel  Wardwell 
of  New- York  ;  James  M.  Wayne  of  (leorgia; 
John  W.  WtH'ks  of  Now  Hampshire  ;  Campbell 
P.  White  (.f  New-York :  J.  T.  H.  Worthington 
of  Maryland.  And  thus  the  bank  not  only  es- 
caped without  cci:sure,  but  received  high  com- 
mendation ;  while  its  conduct  in  relation  to  the 
three  per  cents  placed  it  unequivocally  in  the 
category  of  an  unfaithful  and  prevaricating  agent; 
and  only  left  open  the  inquiry  whether  its  con- 
duct was  the  result  of  inability  to  pay  the  sum 
required,  or  a  di.'-'position  to  make  something  for 
itself,  or  to  favor  its  debtors — the  most  innocent 
of  these  motives  being  negatived  by  the  sinister 
concealment  of  the  whole  tran,saction  from  the 
government  (after  getting  delay  from  it),  its 
concealment  from  the  public,  its  concealment 
even  from  its  own  board  of  directors — its  entire 
secrecy  from  beginning  to  end — until  accidentally 
discovered  through  a  London  letter  published  in 
New-York.  These  are  the  same  three  per  cents, 
the  redemption  of  which  through  an  enlargement 
of  the  powers  of  the  sinking  fund  commissioners 
I  had  endeavored  to  effect  some  years  before, 
when  they  could  have  been  bought  at  about 
sixty-six  cents  in  the  dollar,  and  when  my  at- 
tempt was  defeated  by  the  friends  of  the  bank. 
They  were  now  paid  at  the  rate  of  one  hundred 
cents  to  the  dollar,  losing  all  the  time  the  inter- 
est on  the  deposits,  in  bank,  and  about  four 
millions  for  the  appreciation  of  the  stock.  The 
attempt  to  get  this  stock  redeemed,  or  interest 
on  the  deposits,  was  one  of  my  first  financial 
movements  after  I  came  into  the  Senate ;  and  the 
ease  with  which  the  bank  defeated  me,  preventing 
both  the  extinction  of  the  debt  and  the  payment 
of  interest  on  the  deposits,  convinced  me  how 
futile  it  was  to  attempt  any  legislation  unfavor- 
able to  the  bank  in  a  case  which  concerned  itself. 


CHAPTER     LXXVI. 

ABOLITION   OF  IMPEISONMENT   FOB  DEBT. 

The  philanthropic  Col.  R.  M.  Johnson,  of  Ken- 
tucky, had  labored  for  years  at  this  humane 
consummation ;  and  finally  saw  his  labors  suc- 
cessful. An  act  of  Congress  was  passed  abol- 
ishing all  imprisonment  for  debt,  under  process 


292 


Tllin'n-  YEARS'  VIEW. 


,  ■;•■ 


VH 


IVoin  the  courtH  of  tlio  I'nitud  Stutcx :  tlio  only 
extent  to  wliich  an  oi't  of  Cunj^ruHH  (;oiiI(l  go, 
by  force  of  itN  enactnit-iitN  ;  but  it  coiiM  ^o  much 
ftirthcr,  and  <liil,  in  the  forw  of  cxnnipli'  and  in- 
flut-nce;  and  has  k-d  to  the  cessation  of  thu  prac- 
tice of  imprisoning  the  debtors,  in  all,  or  nearly 
all,  of  the  StatcH  and  Territories  of  the  Union  ; 
and  witliout  tho  evil  conseciuenccs  which  had 
been  dreaded  from  the  h)ss  of  tliis  retnedy  over 
tJie  person.  It  led  to  a  great  many  oppressions 
while  it  existed,  and  was  often  relied  upon  in  ex- 
tending credit,  or  inducing  improvi<lent  people 
to  incur  debt,  where  there  was  no  means  to  pay 
it,  or  pro|)erty  to  meet  it,  in  the  hands  of  the 
debtor  himself ;  but  reliance  wholly  placed  npon 
the  sympathies  of  third  i)ersons,  to  save  a  friend 
or  relative  from  confinement  in  a  prison.  The 
dower  of  wives,  and  the  puises  of  fathers,  bro- 
fhers,  sisters,  friends,  were  thus  laid  under  con- 
tribution by  heartless  creditors  ;  and  scenes  of 
cniel  oppression  were  witnessed  in  every  State. 
Insolvent  laws  and  bankrupt  laws  were  invented 
to  cover  the  evil,  and  to  separate  the  unfortunate 
from  the  fraudulent  debtor ;  but  they  were  slow 
aud  imperfect  in  operation,  and  did  not  reach 
the  cases  in  which  a  cold  and  cruel  calculation 
was  made  upon  the  sympathies  of  friends  and 
rel.'i lives,  or  upon  the  chances  of  catching  tho 
debtor  in  some  strange  and  unbefiionded  place. 
A  broader  remedy  was  wanted,  and  it  was  found 
in  the  total  abolition  of  the  practice,  leaving  in 
full  force  all  the  remedies  against  fraudulent 
evasions  of  debt.  In  one  of  his  reports  on  the 
subject,  Col.  Johnson  thus  deduced  the  history 
of  this  custom,  called  "  barbarous,"  but  only  to 
be  finmd  in  civilized  countries : 

"In  ancient  Greece,  the  power  of  creditors 
over  the  persons  of  their  debtors  was  absolute ; 
and,  as  in  all  cases  where  despotic  control  is  toler- 
ated, their  rapacity  was  boundless.  They  com- 
pelled the  insolvent  debtors  to  cultivate  their 
lands  like  cattle,  to  perform  the  service  of  beasts 
of  burden,  and  to  transfer  to  them  their  sons  and 
daughters,  whom  they  exported  as  slaves  to  for- 
eign countries. 

"These  actsof  cruelty  were  tolerated  in  Athens, 
during  her  more  barbarous  state,  and  in  perfi'ct 
:;onsonance  with  the  character  of  a  people  who 
could  elevate  a  Draco,  and  bow  to  his  mandates, 
registered  in  blood.  But  the  wisdom  of  Solon 
corrected  the  evil.  Athens  felt  the  benefit  of 
the  reform ;  and  the  pen  of  the  historian  has  re- 
corded the  name  of  her  lawgiver  as  the  benefac- 
tor of  man.  In  ancient  Rome,  the  condition  of 
the  unfortunate  poor  was  still  more  abject.  The 
cruelty  of  the  Twelve  Tables  against  insolvent 


debtors  should  be  held  up  as  a  beacon  of  warn* 
ing  to  all  mo<Iem  nations.  After  judgment  was 
obtained,  thirty  days  of  grace  were  allowed  l)e- 
fore  a  Roman  wau  delivered  into  the  power  of  ttiH 
creditor.  After  this  period,  he  wa.s  retained  in 
a  private  prison,  with  twelve  ounces  of  rice  for 
his  daily  sustenar  'e.  He  might  be  1>oimd  with 
a  chain  of  ilfleen  iraunds  weight ;  and  his  misery 
wafl  three  times  exposed  in  the  market-place,  to 
excite  the  compassion  of  his  friends.  At  tho 
expiration  of  sixty  days,  the  debt  was  discharged 
by  the  loss  of  lilwrty  or  life.  The  insolvent 
debtor  was  either  i)ut  to  death  or  sold  in  for- 
eign slavery  beyond  the  Tiber.  But,  if  several 
creditors  were  alike  obstinate  and  unrelenting, 
they  might  legally  dismember  his  l>ody,  ami 
satiate  their  revenge  l)y  this  horrid  partition. 
Though  tho  refinements  of  modem  crilieisnis 
have  endeavored  to  divest  this  ancient  cruelty  of 
its  horrors,  the  faithful  Gibbon,  who  is  not  re- 
markable for  his  partiality  to  the  poorer  class, 
preferring  tho  liberal  sense  of  antitpiity,  draws 
this  dark  picture  of  the  effect  of  giving  the  cre- 
ditor power  over  the  person  of  the  debtor.  No 
sooner  was  the  Roman  empire  subverted  than 
the  delusion  of  Roman  perfection  bi'gan  to  vani>Ii, 
and  then  the  absiirdity  and  cruelty  of  this  sys- 
tem began  to  be  exploded — a  system  which  con- 
vulsed Greece  and  Rome,  aud  filled  the  world 
with  niisory,  and,  without  one  redeeming  bene- 
fit, could  no  longer  be  endured — and,  to  tlic 
honor  of  humanity,  f(,r  about  one  thousand 
years,  during  the  middle  ages,  impiisonment  for 
debt  was  generally  abolished.  They  .neemed  to 
have  understood  what,  in  more  modern  times, 
we  are  less  nady  to  compiehend,  that  power,  in 
any  degree,  over  the  jwrson  of  the  debtor,  is  tiie 
same  in  principle,  varying  only  in  degree,  whether 
it  be  to  imprison,  to  enslave,  to  brand,  to  dis- 
member, or  to  diviile  his  botly.  But,  as  tlie  lapse 
of  time  removed  to  a  greater  distance  the  cruel- 
ties which  had  been  suffered,  the  cujmlity  of  the 
affluent  found  means  again  to  introduce  the  sys- 
tem ;  but  by  such  slow  gradations,  that  tho  uii- 
suspv'Cting  poor  were  scarcely  conscious  of  tiie 
change. 

"The  history  of  English  jurisprudence  fur- 
nishes the  remarkable  fact,  that,  for  many  cen- 
turies, personal  liberty  could  not  be  violated  for 
debt.  Property  alone  could  be  taken  to  satisfy 
a  pecuniary  demand.  It  was  not  until  the  rei^'n 
of  Henry  III.,  >u  the  thirteenth  century,  that  the 
principle  of  imprisonment  for  debt  was  lecognizeil 
in  the  land  of  our  ancestors,  and  that  was  in 
favor  of  the  barons  alone  ;  the  nobility  against 
their  bailiffs,  who  had  received  their  rents  ami 
had  appropriated  them  to  their  own  use.  Here 
was  the  shadow  of  a  pretext.  The  great  objec- 
tion to  the  punishmeiit  was,  that  it  was  intiicteil 
at  the  pleasure  of  the  baron,  without  a  trial :  an 
evil  incident  to  aristocracies,  but  obnoxious  to 
republics.  The  courts,  imder  the  pretext  ol' im- 
puted crime,  or  constructive  violence,  on  the  iiart 
of  the  debtor,  soon  began  to  extend  the  principle, 
but  without  legislative  sanction.   In  the  eleventh 


ANNO  183a.     ANDRKW  JACKSON,  PIM'.SIDKNT. 


293 


icacon  of  wam- 
T  j»iilKnicnt  was 
t-re  nUowtMl  l»c- 
Uie  power  of  l>m 
wan  rctaint'd  iu 
iiiccs  of  rice  for 
t  l)c  l)Otmtl  with 
,;  and  Ills  miHcry 
niarket-i>lace,  to 
friemls.     At  Uio 
|)t  waH  tlischarKed 
,     The  iuHoWent 
th  or  sold  in  for- 
..    But,  if  several 
and  unrelenting, 
er  liirt  l)ody,  and 
1  horrid  partition, 
modem  crilieisnis 
ancient  cruelty  of 
on,  who  is  not  rc- 
to  the  poorer  class, 
„f  anti(iuity,  draws 
t  of  Kivmp  the  cn>- 
of  the  debtor.    >o 
lire  subverted  thiui 
lionU•gantovalli^ll, 
cruelty  of  this  sys- 
V  system  which  coii- 
,ul  Idled  the  world 
)ne  redeeminp;  benc- 
idurcd— and    to  the 
ibout  one  thousand 
es.  imprisonment  for 
•a!    They  seemed  to 
more  modern  times, 
jhend,  that  powei- m 

of  the  debtor,  is  the 
»ly  in  degree,  whetkr 
ive,  to  brand,  to  dis- 
ly.  But,  as  the  laiise 
t-r  distance  the  cruel- 
i\  the  cupidity  of  the 
to  introduce  the  sys- 
wlations,  that  the  un- 
ccly  conscious  of  the 

h  jurisprudence  fur- 
;,  that,  for  many  cmi- 
1(1  not  be  violated  for 
Id  be  taken  to  satisfy 
[as  not  until  the  rei^'n 
Uh  century,  that  the 
pr  debt  was  rcco|;ni/x;ii 
tors,  and  that  was  in 
J;  the  nobility  a-rniiis 
eived  their  rents  niM 
jtheir  own  use.    IKtc 
kt.    The  great  oiiiec- 
L  that  it  was  intlicti'' 
U,  without  a  trial:  an 
tics,  but  obnoxious  to 
Ider  the  pretext  (It  mi- 
te violence,  on  the  van 

Lo  extend  the  principle, 
tction.  In  the  eleventh 


year  of  tho  rclffn  of  Edward  I.,  the  Immediate 
wK'ivssor  of  Henry,  the  right  of  imprir<oninK 
(lil>t(>rH  was  extended  to  merchants  —  Jewish 
nu'H'haiits  i'xce|)teil,  on  account  of  their  hetero- 
doxy in  religiini— and  was  exercised  with  great 
sivi'iity.  This  extension  was  an  act  of  \*>\\cy 
o;i  tlie  iMirt  of  tho  monarch.  Tlic  ascendency 
oliliiiiK'd  by  tlio  barons  menaced  the  power  of 
tlic  throue  ;  and,  to  counteract  their  mfluence, 
the  mcrcliants,  a  numerous  and  wealthy  class, 
wiTo  selected  liy  the  monarcli,  anil  invested  with 
till'  Slime  authority  over  their  debtors. 

"  Hut  Kiigiaiid  was  not  yet  prepared  for  the 
yolvc.   She  could  L'lidure  an  hereditary  nobility ; 
shi'  could  tolerate  a  monarchy ;  but  she  could 
not  yet  resign  her  unfortuiiatu  sons,  indiscriini- 
iiiitofy,  to  tho  prison.    The  barons  and  the  nier- 
cliiints  had  gained  the  power  over  their  victims  ; 
yet  more  tlian  sixty  years  elapsed  before  Parlia- 
uioiit  dared  to  venture  another  act  recognizing 
tho  principle.      During  this  period,  imprison- 
iiieiit  for  debt  had,  in  some  degree,  lost  its  no- 
velty.   'I'ho  incarceration  of  the  debtor  began 
to  make  the  impression  that  fraud,  and  not  mis- 
fortune, had  brought  on  his  catastrophe,  and 
that  he  was,  therefore,  unwo'thy  of  tho  protec- 
tion of  the  law,  and  too  degra<led  for  the  society 
of  tiie  world.     Parliament  then  ventured,  in  tho 
ruij;ii  of  Kdward  III.,  in  the  fourteenth  century, 
to  extend  the  principle  to  two  other  cases — debt 
and  detinue.     This  measure  ojK'ued  the  door 
for  the  impositions  which  were  gradually  intro- 
(liici'il  by  judicial  usurpation,  and  have  resulted 
in  tlie  most  cruel  oppression.     Parliament,  for 
one  luindred  and  fifty  years  afterwards,  did  not 
venture  to  outrage  the  sentiments  of  an  injured 
and  indignant  jieopio,  by  extending  the  power 
to  ordinary  creditors.     But  they  had  laid  tho 
foundation,  and  an  irresponsible  judiciary  reared 
the  superstructure.      From  tlie  twenty-fourth 
year  of  the  reign  of  Edward  III.,  to  the  nine- 
teenth of  Henry  VIII.,  the  subject  slumbered 
in  Parliament.     In  the  mean  time,  all  the  inge- 
nuity of  the  courts  was  employed,  by  the  intro- 
duction of  artificial  forms  and  legal  fictions,  to 
extend  the  [lower  of  imprisonment  for  debt  in 
cases  not  provided  for  by  statute.     The  juris- 
diction of  the  court  called  the  King's  Bench,  ex- 
tended to  all  crimes  or  disturbances  against  the 
peace.    Under  this  court  of  criminal  jurisdic- 
tion, the  debtor  was  arrested  by  what  was 
called  the  writ  of  Middlesex,  upon  a  suppo.scd 
trespass  or  outrage  against  the  peace  and  dig- 
nity of  the  crown.      Thus,  by  a  fictitious  con- 
struction, the  person  who  owed  his  neighbor 
was  supposed  to  be,  what  every  one  knew  him 
not  to  be,  a  violator  of  the  peace,  and  an  of- 
fender against  the  dignity  of  the  crown ;  and 
while  his  body  was   held  in  custody  for  this 
crime,  he  was  proceeded  against  in  a  civil  action, 
fur  which  he  was  not  liable  to  arrest  under 
statute.    The  jurisdiction  of  the  court  of  com- 
mon pleas  extended  to  civil  actions  arising  be- 
tween individuals    upon  private  transactions. 
To  sustain  its  importance  upon  a  scale  ccjual 


with  that  of  its  rival,  this  court  also  adopted  it* 
fictions,  and  extciuled  its  power  upon  art itieial 
coustiuction,  (piitc  as  fur  beyond  its  statutory 
premgative ;  and  upon  the  fictitious  plea  of 
trespass,  constituting  u  legal  supposition  of  out- 
rage against  tlu!  peiu-e  of  the  kingdom,  auti.or- 
izud  the  writ  of  capias,  and  subsetjuent  iiiipri- 
sonmeiit,  in  cases  where  u  summons  only  was 
warranted  by  law.  The  court  of  exchecpu'r 
was  designed  to  protect  the  king's  revenue,  and 
had  no  legal  jurisdiction,  except  in  casi-s  of 
debtors  to  the  public.  The  ingenuity  of  this 
court  found  means  to  extend  its  jurisdiction  to 
all  ca.ses  of  debt  between  individuals,  u|M)n  tho 
fictitious  plea  that  the  plaintitl',  who  instituted 
the  suit,  was  a  debtor  to  the  king,  and  rendered 
the  less  aole  to  discharge  the  debt  by  the  de- 
fault of  the  <lefendant.  (d)on  this  artificial  pre- 
text, that  tho  defendant  was  debtor  to  tho 
king's  debtor,  the  court  of  exchecjuer,  to  seciiro 
the  king's  revenue,  usuria'd  the  jiower  of  ar- 
raigning and  imprisoning  debtors  of  every  de- 
scription. Thus,  the.se  rival  courts,  each  ambi- 
tious to  sustain  its  relative  imiKirtance,  and  ex- 
tend its  jurisdiction,  introduced,  as  legal  facts, 
the  most  palpable  fictions,  and  sustained  tho 
most  absurd  solecis  .is  as  legal  syllogisms. 

"  AVhere  the  person  of  the  debtor  was,  liy 
statute,  held  sacred,  the  courts  devised  tho 
means  of  construing  the  demand  of  a  debt  into 
the  supposition  of  a  crime,  for  which  he  was 
subject  to  arrest  on  mesne  jirocess ;  and  tho 
evidence  of  debt,  into  the  conviction  of  a  crime 
against  the  peace  of  the  kingdom,  for  which  he 
was  deprived  of  his  liberty  at  the  pleasure  of 
the  ofiend"d  party.  These  practices  of  the 
courts  obtained  by  regular  f  radation.  Each  act 
of  usurpation  was  a  precedent  for  similar  out- 
rages, until  the  .system  became  general,  and  at 
lengtii  received  the  sanction  of  Parliament. 
Tlie  spirit  of  avarice  finally  gained  a  complete  tri- 
umph over  personal  liberty.  The  sacred  claims 
of  misfortune  were  disregarded,  and,  to  the  iron 
grasj)  of  poverty,  were  added  tlie  degrada- 
tiou  of  infamy,  and  the  misery  of  the  dungeon. 

"  While  imprisonment  for  debt  is  sanctioned, 
tho  threats  of  the  creditor  are  a  source  of  pcr- 
petiial  distress  to  the  dependent,  friendless 
debtor,  holding  his  liberty  by  sufferance  alone. 
Temptations  to  opitression  are  constantly  in 
view.  The  means  of  injustice  are  always  at 
hand ;  and  even  helpless  females  are  not  ex- 
empted from  the  barbarous  practice.  In  a  land 
of  liberty,  enjoying,  in  all  other  respects,  tho 
freest  and  happiest  government  with  which  the 
world  was  ever  blessed,  it  is  matter  of  astonish- 
ment that  this  cruel  custom,  so  anomalous  to 
all  our  institutions,  inflicting  so  much  misery 
upon  society,  should  have  been  bo  long  endured." 

Tho  act  was  passed  soon  after  this  masterly 
report  was  made,  followed  by  similar  acts  in 
most  of  the  States;  and  has  been  attended 
every  where  with  the  beneficial  efiect  resulting 


294 


THIRTY  YEARS'  VIEW. 


'^yfi 


from  the  suppression  of  any  false  and  vicious 
principle  in  legislation.  It  is  a  false  and  vicious 
principle  in  the  system  of  credit  to  admit  a  cal- 
culation for  the  chance  of  payment,  founded  on 
the  sympathy  and  alarms  of  third  parties,  or  on 
the  degradation  and  incarceration  of  the  debtor 
himself.  Such  a  principle  is  morally  wrong, 
and  practically  unjust ;  and  there  is  no  excuse 
for  it  in  the  plea  of  fraud.  The  idea  of  fraud 
does  not  enter  into  the  contract  at  its  original 
formation ;  and  if  occurring  afterwards,  and  the 
debtor  undertakes  to  defraud  his  creditor,  there 
is  a  code  of  law  made  for  the  case  ;  and  every 
case  should  rest  upon  its  own  circumstances. 
As  an  element  of  credit,  imprisonment  for  debt  is 
condemned  by  morality,  by  humanity,  and  by  the 
science  of  political  economy ;  and  its  abolition 
has  worked  well  in  reducing  the  elements  of  cre- 
dit to  their  legitimate  derivation  in  the  personal 
character,  visible  means,  and  present  securities 
of  the  contracting  debtor.  And,  if  in  that  way, 
it  has  diminished  in  any  degree  the  wide  circle 
of  credit,  that  is  an  additional  advantage  gained 
to  the  good  order  of  society  and  to  the  solidity 
of  the  social  edifice.  And  thus,  as  in  so  many 
other  instances,  American  legislation  has  ame- 
liorated the  law  derived  from  our  English  ances- 
tors, and  jriven  an  example  which  British  legis- 
lation may  some  day  follow. — In  addition  to 
the  honor  of  seeing  this  humane  act  passed 
during  his  administration,  General  Jackson  had 
the  further  and  higher  honor  of  having  twice 
recommended  it  to  the  favorable  consideration 
of  Congress. 


CHAPTER    LXXVII. 

SALE  OF  UNITED  STATES  STOCK   IN  THE  NA- 
TIONAL   Bank. 

The  President  in  his  annual  message  had  re- 
commended the  sale  of  this  stock,  and  all  other 
stock  held  by  the  United  States  in  corporate 
companies,  with  the  view  to  disconnecting  the 
government  from  such  corporations,  and  from 
all  pursuits  properly  belonging  to  individuals. 
And  he  made  the  recommendation  upon  the  po- 
litical principle  which  condemns  the  partnership 
of  the  government  with  a  corporation;  and 
upon  the  economical  principle  which  condemns 


the  national  pursuit  of  any  branch  of  industr}', 
and  leaves  the  profit,  or  loss  of  all  such  pursuits 
to  individual  enterprise ;  and  upon  the  belief,  in 
this  instance,  that  the  partnership  was  unsafe — 
that  the  firm  would  fail — and  the  stockholders 
lose  their  investment.  In  conformity  to  this 
recommendation,  a  bill  was  brought  into  the 
House  of  Representatives  to  sell  the  public  st(jck 
held  in  the  Bank  of  the  United  Statei;,  being 
seven  millions  of  dollars  in  amount,  and  consist- 
ing of  a  national  stock  bearing  five  per  centum 
interest.  The  bill  was  met  at  the  threshold  by 
the  parliamentary  motion  which  implies  the  lui- 
worthi  icss  of  the  subject  to  be  considered; 
namely,  the  motion  to  reject  the  bill  at  the  first 
reading.  That  reading  is  never  for  considera- 
tion, but  for  information  only;  and,  although 
debatable,  carries  the  implication  of  unfitness 
for  debate,  and  of  some  flagrant  enormity 
which  requires  rejection,  without  the  honor  of 
the  usual  forms  of  legislation.  That  motion  was 
made  by  a  friend  of  the  bank,  and  seconded  by 
the  member  (Mr.  Watmough)  supposed  to  be 
familiar  with  the  wishes  of  the  bank  director}'. 
The  speakers  on  each  side  gave  vent  to  cxjjres- 
sions  which  showed  that  i,hey  felt  the  indignity- 
that  was  offered  to  the  bill,  one  side  in  promot- 
ing— the  other  in  opposing  the  motion.  Mr. 
Wickliffe,  the  mover,  said*  "He  was  impelled, 
by  a  sense  of  duty  .  his  constituents  and  to  his 
country,  to  do  in  this  case,  what  he  had  never 
done  before — to  move  the  rejection  of  a  bill  at 
its  first  reading.  Tiiere  arc  cases  in  which 
courtesy  should  yield  to  the  demands  of  justice 
and  public  duty ;  and  this,  in  my  humble  opin- 
ion, is  one  of  them.  U  is  a  bill  fraught  with 
ni'.n  to  all  private  in.  rests,  except  the  interest 
of  the  stockjobbers  of  Wall-street."  Mr.  "'.Vut- 
mough  expressed  his  indignation  and  amaze- 
ment at  the  appearance  of  such  a  bill,  and  even 
fell  upon  the  committee  which  reported  it  with 
so  much  personality  as  drew  a  call  to  order  from 
the  Speaker  of  the  House.  "  He  expressed  liis 
sincere  regret  at  the  neccessity  which  compelled 
him  to  intrude  upon  the  House,  and  to  express 
his  opinion  on  the  bill,  and  his  indignation 
against  this  persecution  of  a  national  institu- 
tion. He  was  at  a  loss  to  say  which  feelin;: 
predominated  in  his  bosom — amazement,  at  thi 
want  of  financial  skill  in  the  supporters  of  the  bill 
— or  detestation  of  the  unrelenting  spirit  of  tlu' 
administration  persecution  on  that  floor  of  an  iu- 


ANNO  1833.    AKDREW  JACKSON,  PR1>^1DF,NT, 


295 


branch  of  industry, 
of  all  such  pursuits 
(1  upon  the  belief,  in 
n-ship  was  unsafe- 
id  the  stockholders 
confonnity  to  this 
s  brought   into  the 
sell  the  public  stock 
United  Statci;,  being 
amount,  and  consist- 
iring  five  per  centum 
t  at  the  threshold  by 
vhich  implies  the  mi- 
t  to  be  considered; 
ct  the  bill  at  the  first 
never  for  considcra- 
only ;  and,  although 
plication  of  unfitness 
e    flagrant    enormity 
without  the  honor  of 
ion.    That  motion  was 
bank,  and  seconded  by 
ough)  supposed  to  be 
of  the  bank  directory. 
Ic  gave  vent  to  expres- 
i.hey  felt  the  indignity 
ill,  one  side  in  proniot- 
sing  the  motion.    Mr. 
(i.  "He  was  impelled, 
constituents  and  to  his 
,se,  what  he  had  never 
le  rejection  of  a  bill  at 
le  are  cases  in  which 
the  demands  of  justice 
lis  in  my  humble  opiu- 
.  is  a  bill  fraught  with 
!sts,  except  the  interest 
all-strert."    Mr.  '^Vat- 
idignation  and  amaze- 
,f  such  a  bill,  and  even 
which  reported  it  with 
rew  a  call  to  order  from 
|se.    "lie  expressed  hi* 
[cessity  which  compelled 
House,  and  to  express 
[1,  and  his  indignation 
.  of  a  national  institu- 
18  to  say  which  feelini: 
;om— amazement,  at  i\v 
the  supporters  of  tlie  Ml 
lunrelenting  spirit  of  tho 
ion  on  that  floor  of  an  in- 


stitution admitted  by  the  wisest  and  the  best 
men  of  the  times  to  be  absolutelj"  essential  to  the 
existence  and  safety  of  this  Union,  and  almost 
to  that  of  the  constitution  itself  which  formed 
its  basis.  lie  said,  lie  was  amazed  that  such  a 
bill,  at  such  a  crisis,  could  emanate  from  any 
committee  of  this  House ;  but  his  amazement 
was  diminished  when  he  recalled  to  mind  the 
source  from  which  it  came.  It  came  from  the 
Committee  of  Ways  and  Means,  and  was  under 
the  parental  care  of  the  gentleman  from  Ten- 
neessec.    Need  he  say  more  ?  " 

Now,  the  member  thus  referred  to,  and  %vho, 
after  being  pointed  out  as  the  guardian  of  the 
bill  required  nothing  more  to  be  said,  was  Mr. 
Polk,  afterwards  President  of  the  United  States. 
But  parliamentary  law  is  no  respecter  of  per- 
sons, and  would  consider  the  indecorum  and 
outrage  of  the  allusion  equally  reprehensible  in 
the  case  of  the  youngest  and  least  considerable 
member;  and  the  language  is  noted  here  to 
show  the  indignities  to  which  members  were 
subjected  in  the  House  for  presuming  to  take 
any  step  concerning  the  bank  which  militated 
against  that  corporation.  The  sale  of  the  gov- 
ernment stock  was  no  injury  to  the  capital  of 
tlie  bank :  it  was  no  extinction  of  seven  milliou.s 
of  capital  but  a  mere  transfer  of  that  amount 
to  private  stockholders — such  transfer  as  took 
place  daily  among  the  private  stockholders.  The 
ouly  injury  could  be  to  the  market  price  of  the 
slock  in  the  possible  decline  involved  in  the 
withdrawal  of  a  large  stockholder ;  but  that  was 
a  damage,  in  the  eye  of  the  law  and  of  morality, 
without  injury ;  that  is,  without  injustice — 
the  stockholder  having  a  right  to  do  so  without 
the  assignment  of  reasons  to  be  judged  of  by  the 
corporation;  and  consequently  a  right  to  sell 
out  and  withdraw  when  he  judged  his  money  to 
be  unsafe,  or  unprofitably  placed,  and  suscepti- 
ble of  a  better  investment. 

Mr.  Polk  remarked  upon  the  unusual  but  not 
unexpected  opposition  to  the  bill ;  and  said  if  the 
House  was  now  forced  to  a  decision,  it  would  be 
done  without  opportunity  for  deliberation.  lie 
vindicated  the  bill  from  any  necessary  connection 
with  the  bank — with  its  eulogy  or  censure. 
This  eulogy  or  censure  had  no  necessary  con- 
nection with  a  proposition  to  sell  the  government 
stociv.  It  was  a  plain  business  proceeding.  The 
bill  autliorized  the  Secretary  of  tlie  Treasury  to 
sell  the  stock  upon  such  terms  as  he  should  deem 


best  for  the  government.  It  was  an  isolated 
proposition.  It  proposed  to  disenthral  the  gov- 
ernment from  a  partnership  with  this  incorporat- 
ed company.  It  proposed  to  get  rid  of  the  in- 
terest which  the  government  had  in  this  moneyed 
monopoly ;  and  to  do  so  by  a  sale  of  the  govern- 
ment stocks,  aiid  on  terms  not  below  the  market 
price.  Ho  was  not  disposed  to  depreciate  the 
value  of  the  article  which  he  wished  to  sell.  Ho 
was  willing  to  rest  upon  the  right  to  sell.  The 
friends  of  the  bank  themselves  raised  the  question 
of  solvency,  it  would  seem,  that  they  might  have 
an  opportunity,  to  eulog'- "  the  institution  under 
the  forms  of  a  defence.  This  was  not  the  time 
for  such  a  discus j  ion — for  an  iiiquiry  into  the 
conduct  and  condition  af  tho  bank. 

The  argument  and  the  right  were  with  the 
supporters  of  the  bill ;  but  they  signified  nothing 
against  the  firm  majority,  wliich  not  only  stood 
by  the  corporation  in  its  trials,  but  supported  it 
in  its  wishes.  The  bill  was  immediately  rejected, 
and  by  a  summary  process  which  inflicted  a  new 
indignity.  It  was  voted  down  under  the  opera- 
tion of  the  "  previous  question,"  which,  cutting 
off  all  debate,  and  all  amendments,  consigns  a 
measure  to  instant  and  silent  decision — like  tho 
"  luort  sans  phrase  "  (death  without  talk)  of  the 
Abbe  Sieyes,  at  the  condemnation  of  Louis  tho 
Sixteenth.  But  the  vote  was  not  very  triumph- 
ant— one  of  the  leanest  majorities,  in  fact,  which 
the  bank  had  received :  one  hundred  and  two  to 
ninety-one. 

The  negative  votes  were : 

"  Messrs.  Adair,  Alexander,  R.  Allen.  Anderson, 
Angel.  Archer,  Barnwell,  James  Bates,  Beardsley, 
Bell,  Bergen,  Bethune,  James  Blair,  John  Blair, 
Boon,  Bcuck,  Bouldin,  Jolui  Brodhead,  John  C. 
Brodhead,  Cambreleng,  Chandler,  Chinn,  Clai- 
borne, Clay,  Clayton,  Coke,  Connor,  Davenport, 
Dayan,  Doubleday,  Draper,  Felder,  Ford,  Foster, 
Gaither,  Gilmore,  Gordon,  Griflin,  Thomas  II. 
Hall,  William  Hall,  Harper,  Hawkins,  Hoflman, 
Holland,  Horn,  Howard,  Hubbard,  I'^acks,  Jar- 
vis,  Jewett,  Richard  M.  Johnson,  Cave  John- 
son, Kavanagl^  Kennon,  Adam  King,  John  King, 
Lamar,  Lansing,  Leavitt,  Lecompte,  Lewis,  Lyon, 
Mann,  Mardis,  Mason,  McCarty,  Wni.  McCoy, 
Mclntire,  McKay,  Mitchell,  Newnan,  Nuckolls, 
Patton,  Pierson,  Plummer,  Polk,  Edward  C. 
Reed,  Po,\ne,  Soulc,  Speight,  Standifer,  John 
Thompson,  Verplanck,  Ward,  Wardwell,  Wayne, 
Weeks,  Campbell,  P.  White,  Worthington. — 

Such  was  the  result  of  this  attempt,  on  tho 
part  of  tho  government,  to  exercise  the  most  or- 


296 


THIRIT  YEARS*  VIEW, 


I        I 


■'V 


r.  ■:!) 


■•*^ 


dinary  right  of  a  stockholder  to  sell  its  sharos : 
opposed,  insulted,  defeated ;  and  by  the  power 
of  the  bank  in  Conpress,  of  whose  members 
subsequent  investigations  showed  above  fifty  to 
be  borrowers  from  the  institution  ;  and  many  to 
bo  on  the  list  of  its  retained  attorneys.  But 
this  was  not  the  first  time  the  government  had 
been  so  treated.  The  same  thing  had  happened 
once  before,  and  about  in  the  same  way ;  but 
without  the  same  excuse  of  persecution  and  en- 
mity to  the  corporation ;  for,  it  was  before  the 
time  of  General  Jackson's  Presidency ;  to  wit.  in 
the  year  1827,  and  under  the  Presidency  of  ]Mr. 
Quiucy  Adams.  Mr.  Philip  P.  Barbour, represen- 
tative from  Virginia,  moved  an  inquiry,  at  that 
time,  into  the  expediency  of  selling  the  United 
States  stock  in  the  bank  :  the  consideration  of  the 
resolution  was  delayed  a  week,  the  time  necessary 
for  acomnnmication  with  Philadelphia.  At  the 
end  of  the  week,  the  resolution  was  taken  up, 
and  summarily  rejected.  Mr.  Barbour  had  placed 
his  proposition  wholly  upon  the  ground  of  a 
public  advantage  in  selling  its  stock,  unconnected 
with  any  reason  disparaging  to  the  bank,  and  in 
a  way  to  avoid,  as  he  believed,  any  opposition. 
lie  said : 

"  The  House  were  aware  that  the  government 
holds,  at  this  time,  stock  of  the  Bank  of  the 
United  States,  to  the  amount  of  seven  millions  of 
dollars,  which  stock  was  at  present  worth  in 
market  about  twent3'-three  and  one  hall"  per 
cent,  advance  above  its  par  value.  If  the  whole 
of  this  stock  should  now  be  sold  by  the  govern- 
ment, it  would  net  a  profit  of  one  million  and 
six  hundred  thousand  dollars  above  the  nominal 
amount  of  the  stock.  Such  being  the  case,  he 
thought  it  deserved  the  serious  consideration  of 
the  House,  whether  it  would  not  be  a  prudent 
and  proper  measure  now  to  sell  out  that  stock. 
It  had  been  said,  Mr.  B.  obsen-ed,  by  one  of  the 
best  writers  on  political  economy,  with  whom 
he  was  acquainted,  tliat  the  pecimiary  alfairs  of 
nations  bore  a  close  analogy  to  those  of  private 
households:  in  both,  their  prosperity  mainly 
depended  on  a  vigilant  and  cU'ective  management 
of  their  resources.  There  is,  said  Mr.  B..  an 
amount  of  between  seventeen  and  eighteen  mil- 
lions of  the  stock  of  the  United  States  now  re- 
deemable, and  an  amotint  of  nine  millions  moix;. 
which  will  he  redeemable  next  year.  If  the  in- 
terest paid  by  the  United  States  on  this  debt  is 
compared  with  the  dividend  it  receives  on  its 
stock  in  the  Bank  of  the  United  States,  it  will 
be  found  that  a  small  advantage  would  be  gained 


by  the  sale  of  the  latter,  in  this  respcrt ;  since 
the  dividends  on  bank  stock  are  received  scnii- 
amnially,  while  the  interest  of  the  United  States' 
securities  is  paid  quarterly ;  this,  however,  he 
waived  as  a  matter  of  comparatively  small  mo- 
ment. It  must  be  obvious,  he  said,  that  the  ad- 
dition of  one  million  six  hundred  thousand  dol- 
lars to  the  available  funds  of  the  United  States 
will  produce  the  extinguishment  of  an  equiva- 
lent amount  of  the  public  debt,  ^d  consequently 
relieve  the  interest  payable  thereon,  by  which  a 
saving  would  accnio  of  about  one  hundred  thou- 
sand dollars  per  annum." 

This  was  what  Mr.  Barbour  said,  at  the  time 
of  ofl'ering  the  resolution.  When  it  came  up  for 
consideration,  u  week  after,  he  found  his  motion 
not  only  opposed,  but  his  motives  impeached,  and 
the  most  sinister  designs  imputed  to  himself— 
to  him  !  a  Virginian  country  gentleman,  honest 
and  modest ;  ignorant  of  all  indirection ;  upright 
and  open  ;  a  stranger  to  all  guile  ;  and  with  the 
simplicity  and  integrity  of  a  child.  He  deeply 
felt  this  impeachment  of  motives,  certainly  the 
first  lime  in  his  life  that  an  indecent  impntatiou 
had  ever  fallen  upon  him ;  and  he  feelingly  depre- 
cated the  intensity  of  the  outn  ^e.    He  said: 

"  We  shall  have  fallen  on  evil  times,  indeed,  if 
a  mend)er  of  this  House  might  not,  in  the  in- 
tegrity of  his  heart,  rise  in  his  place,  and  ofter 
for  consideration  a  measure  which  he  believed 
to  be  for  the  public  weal,  without  having  all  that 
he  .«aid  and  did  imputed  to  some  hidden  motive, 
and  referred  to  some  secret  purpose  which  wa. 
never  piv-sented  to  the  public  eye." 

His  proposition  was  put  to  the  vote,  and  re- 
ceived eight  votes  besides  his  own.  The)'  were : 
Jlessrs.  Mark  Alexander,  John  Floyd,  John 
lloane.  and  himself,  from  Virginia ;  Thomas  II. 
Ilall,  and  Daniel  Turner,  of  North  Carolina; 
Tomlinson  Foot  of  Connecticut;  Joseph  Le- 
compte,  and  Henry  Daniel,  of  Kentucky.  And 
this  was  the  result  of  that  first  attempt  to  sell 
the  United  States  stock  in  a  bank  chartered  by 
itself  and  bearing  its  name.  And  now,  why  re- 
suscitate these  buried  recollections?  I  answer: 
for  the  benefit  of  posterity  !  that  they  may  liiive 
the  benefit  of  our  experience  without  the  humi- 
liation of  having  undei^one  it,  and  know  what 
kind  of  a  master  seeks  to  rule  over  them  i*" 
another  national  bank  shall  ever  seek  incorpora< 
lion  at  their  hands. 


Jli 


ANNO  1832.    ANDREW  JACKSON,  PRESIDENT. 


297 


thi.s  resiicct ;  since 
arc  rc'ccivod  sinii- 
)f  the  UnitcMl  Sink's' 
;  thin,  howc'viT,  Ik; 
anitivcly  small  ino- 
hc  said.that  the  ad- 
ndred  thousand  dol- 
,f  the  United  States 
imont  of  an  eqniva- 
bt,  ^d  consequently 
thereon,  by  which  a 
it  one  hundred  thou- 

our  said,  at  the  time 
When  it  came  up  for 
,  he  found  his  motion 
otives  impeached,  and 
mputed  to  himself— 
,ry  gentleman,  honest 

I  indirection ;  upright 

II  guile  ;  and  with  the 
^  a  child.  He  deeply 
motives,  certainly  the 
in  indecent  imputation 
and  he  feelingly  depre- 

outrii'e.    He  said: 

)n  evil  times,  indeed,  if 
I  might  not,  in  the  m- 
in  his  place,  and  ofier 
ire  which  he  believed 
without  having  all  that 
,0  some  hidden  motive, 
•et  purpose  which  wa. 
blic  eye." 

ut  to  the  vote,  and  re- 
his  own.  They  were : 
John  Floyd,  John 
Virginia;  Thomas  II. 
r,  of  North  Carolina; 

■necticut;    Joseph  Lo- 
L-1,  of  Kentucky.    Ami 
,at  first  attempt  to  .«ell 
in  a  bank  chartered  by 
le.    And  now,  why  re- 
jollections?    I  answer: 
y!  that  they  may  have 
ence  without  the  humi- 
onc  it,  and  know  what 
to  rule  over  them  i' 
lall  ever  seek  incorpora- 


CHAPTER   LXXVIII. 

NULLIFICATION  OBDINANCE  IN   80UTU   CAKO- 
LINA. 

It  has  been  seen  that  the  whole  question  of  the 
American  system,  and  especially  its  prominent 
feature  of  a  high  protective  tariff,  was  put  in 
issue  in  the  presidential  canvass  of  1832 ;  and 
tluit  the  long  session  of  Congress  of  that  year 
was  occupied  by  the  friends  of  this  system  in 
bringing  forward  to  the  best  advantage  all  its 
points,  and  staking  its  fate  upon  the  issue  of  tlie 
election.  That  issue  was  against  the  system ; 
and  the  Congress  elections  taking  place  contem- 
poraneously with  the  presidential  were  of  the 
same  character.  The  fate  of  the  American  sys- 
tem was  sealed.  Its  domination  in  federal 
legislation  was  to  cease.  This  was  acknowledged 
on  all  hands ;  and  it  was  naturally  expected 
that  all  the  States,  dissatisfied  with  that  system, 
would  be  satisfied  with  the  view  of  its  speedy 
and  regular  extinction,  under  the  legislation  of 
the  approaching  session  of  Congress ;  and  that 
expectation  was  only  disappointed  in  a  single 
State — that  of  South  Carolina.  She  had  held 
aloof  from  the  presidential  election — throwing 
away  her  vote  upon  citizens  who  were  not  can- 
didates— and  doing  nothing  to  aid  the  election 
of  General  Jackson,  with  whose  success  her 
interests  and  wishes  were  apparently  identified. 
Instead  of  quieting  her  apprehensions,  and  mode- 
rating her  passion  for  violent  remedies,  the 
success  of  the  election  seemed  to  inflame  them ; 
and  the  24th  of  November,  just  a  fortnight  after 
the  election  which  decided  the  fate  of  the  tariff", 
slie  issued  her  ordinance  of  nullification  agsiinst 
it,  taking  into  her  own  hands  the  sudden  and 
violent  redress  which  she  prescribed  for  herself. 
That  ordinance  makes  an  era  in  the  history^  of 
our  Union,  which  requiivs  to  be  studied  in  order 
to  understand  t'  e  events  of  the  times,  and  the 
history  of  subsequent  events.  It  was  in  these 
words ; 

"onniNANCE. 

"  An  ordinance  to  nullify  certain  acts  of  the 
Congress  of  the  United  IStates,  purporting  to 
k  laws  laying  duties  and  imposts  on  the  im- 
furtation  of  foreign  commodities. 

"  Whereas  the  Congress  of  the  United  States, 
by  various  acts,  purportbg  to  be  acts  laying 


duties  and  imposts  on  foreign  imjiorts,  but  in 
reality  intended  for  the  protection  f)f  domestic 
manufactures,  and  the  giving  of  bounties  to 
classes  and  individuals  engaged  in  particular 
employments,  at  the  expense  and  to  the  injury 
ami  oppression  of  other  classes  and  individuals, 
and  by  wholly  exempting  from  taxation  certain 
foreign  commodities,  such  as  are  not  produced 
or  manufactured  in  the  United  States,  to  afi'ord 
a  pretext  for  imi>08ing  higher  and  excessive 
duties  on  articles  similar  to  those  intended  to 
be  protected,  hath  exceeded  its  just  powers  inidor 
the  constitution,  which  confers  on  it  no  authority 
to  afford  such  protection,  and  hath  violated  the 
true  meaning  and  intent  of  the  constitution, 
which  provides  for  equality  in  imposing  the  bur- 
dens of  taxation  upon  the  several  StatCi  and 
portions  of  the  confederacy :  And  whereas  the 
said  Congress,  exceeding  its  just  power  to  impose 
taxes  and  collect  revenue  for  the  purpose  of 
eir^'cting  and  accomplishing  the  specific  objects 
and  purposes  which  the  constitution  of  the 
United  States  authorizes  it  to  effect  and  accom- 
plish, hath  raised  and  collected  unnecessary 
revenue  for  objects  unauthorized  by  the  consti- 
tution. 

"We,  thereforCj  the  people  of  the  State  of 
South  Carolina,  m  convention  assembled,  do 
declare  and  ordain,  and  it  is  hereby  declared  and 
ordained,  that  the  several  acts  and  parts  of  acts 
of  the  Congress  of  the  United  States,  purporting 
to  be  laws  for  the  imposing  of  duties  and  imposts 
on  the  importation  of  foreign  commodities,  and 
now  having  actual  operation  and  effect  within 
the  United  States,  and,  more  especially,  an  act 
entitled  '  An  acv  in  alteration  of  the  several  acta 
imposing  duties  on  imports,'  approved  on  the 
nineteenth  day  of  May,  one  thousand  eight  hun- 
dred and  twenty-eight,  and  also  an  act  entitled 
'An  act  to  alter  and  amend  the  several  acts 
imposing  duties  on  imiwrts,'  approved  on  the 
fourteenth  day  of  July,  one  thousand  eight 
hundred  and  thirtj'-two,  are  unauthorized  by 
the  constitution  of  the  United  States,  and  violate 
the  true  mettning  and  intent  thereof,  and  are 
null,  void,  anl  no  law,  nor  binding  upon  this 
State,  its  ofiiiers  or  citizens  ;  and  all  promises, 
contracts,  and  obligations,  made  or  entered  into, 
or  to  be  made  or  entered  into,  with  {»urpose  to 
secure  the  duties  imposed  by  the  said  acts,  and 
all  judicial  proceedings  which  shall  be  hereafter 
had  in  affirmance  thereof,  are  and  shall  be  held 
utterly  null  and  void. 

"  ^ind  it  is  further  ordained,  that  it  shall  not 
be  lawful  for  any  of  the  constituted  authorities, 
whether  of  this  State  or  of  the  United  States,  to 
enforce  the  payment  of  duties  imposed  by  the 
said  acts  within  the  limits  of  this  State  ;  but  it 
shall  be  the  duty  of  the  legislature  to  adopt  such 
measures  and  pass  such  acts  as  may  bo  necessa- 
ry to  give  full  effect  to  this  ordinance,  and  to 
prevent  the  enforcement  and  arrest  the  opera- 
tion of  the  said  acts  and  parts  of  acts  of  the  Con- 
gress of  the  United  States  within  the  limits  of 
tills  State,  from  and  after  the  1st  day  of  Feb- 


298 


THIRTY  YEARS'  VIEW. 


ruaryncxt,  niul  the  duty  of  all  other  constituted 
authorities,  and  of  all  persons  residing  or  bcinp 
within  the  limits  of  this  State,  and  they  are 
hereby  required  and  enjoined  to  ohcy  and  give 
effect  to  this  ordinance,  and  such  acts  and  niea- 
surcn  of  the  le{];islature  as  may  be  passed  or 
adopted  in  obedience  thereto. 

"  And  it  is  further  ordained,  that  in  no  >so 
of  law  or  e(juity,  decided  in  the  courts  of  tuis 
State,  wherein  shall  be  drawn  in  question  the 
authority  of  this  ordinance,  or  the  validity  of 
such  act  or  acts  of  the  legislature  as  may  be 
passed  for  the  purjjosc  of  giving  effect  thereto, 
or  the  validity  of  the  aforesaid  acts  of  Congress, 
imposing  duties,  shall  anj'  appeal  bo  taken  or 
allowed  to  the  Supreme  Court  of  the  United 
States,  nor  shall  any  copy  of  the  record  be  per- 
mitted or  allowed  for  that  purpose;  and  if  any 
8uch  ap|)eal  shall  be  attempted  to  be  taken,  the 
courts  of  this  State  shall  proceed  to  execute  and 
enforce  their  judgments,  according  to  the  laws 
and  usages  of  the  State,  without  reference  to 
such  attempted  appeal,  and  the  person  or  per- 
sons attempting  to  take  such  appeal  may  be 
dealt  with  ua  for  a  contempt  of  the  court. 

"  And  it  is  further  ordained,  that  all  persons 
now  holding  any  office  of  honor,  profit,  or  trust, 
civil  or  military,  under  this  State  (members  of 
the  legislature  excepted),  shall,  within  such 
time,  and  in  such  manner  as  the  legislature  shall 
prescribe,  take  an  oath  well  and  truly  to  obey, 
execute,  and  enforce  this  ordinance,  and  such  act 
or  acts  of  the  legislature  as  may  be  passed  in 
jiursuance  thereof,  according  to  the  true  intent 
and  meaning  of  the  same ;  and  on  the  neglect 
or  omission  of  any  such  person  or  persons  so  to 
do,  his  or  their  office  or  offices  shall  be  forth- 
with vacated,  and  shall  be  filled  up  as  if  such 
person  or  persons  were  dead  or  had  resigned ; 
and  no  person  hereafter  elected  to  any  office  of 
honor,  profit,  or  trust,  civil  or  military  (mem- 
bers of  the  legislature  excepted),  shall,  until  the 
legislature  shall  otherwise  provide  and  direct, 
enter  on  the  execution  of  his  office,  or  be  in  any 
respect  competent  to  discharge  the  duties  there- 
of, until  he  shall,  in  like  manner,  have  taken  a 
similar  oath  ;  and  no  juror  shall  be  empannelled 
in  any  of  the  courts  of  this  State,  in  any  cause 
in  whir-h  shall  be  in  question  this  ordinance,  or 
any  act  of  the  legislature  passed  in  pursuance 
thereof,  unless  he  shall  first,  in  addition  to  the 
usual  oath,  have  taken  an  oath  that  he  will  well 
and  trul}'  obey,  execute,  and  enforce  this  ordi- 
nance, and  such  act  or  acts  of  the  legislature  as 
nia}'^  be  passetl  to  carry  the  same  into  operation 
ami  effect,  according  to  the  true  intent  and 
meaning  thereof. 

''  And  we,  the  people  of  South  Carolina,  to  the 
end  that  it  may  be  fully  understood  by  th?  gov- 
ernment of  the  United  States,  and  the  people  of 
the  co-States,  that  we  are  determined  to  main- 
tain this  our  ordinance  and  declaration,  at  every 
hazard,  do  further  declare  that  wc  will  not  sub- 
mit to  the  application  of  force,  on  the  part  of 
tho  federal  government,  to  reduce  this  State  to 


obedience ;  but  that  we  will  consider  the  pas- 
sage, by  Congress,  of  any  act  authorizing  the 
employment  of  a  military  or  naval  force  against 
the  State  of  South  Carolina,  her  constitutional 
authorities  or  citizens ;  or  any  act  abolishing  or 
closing  the  ports  of  this  State,  or  any  of  them, 
or  otherwise  obstructing  the  free  ingress  and 
egress  of  vessels  to  and  from  the  said  ports,  or 
any  other  act  on  the  part  of  the  federal  govern- 
ment, to  coerce  the  State,  shut  up  her  ports,  de- 
stroy or  harass  her  commerce,  or  to  enforce  the 
acts  hereby  declared  to  be  null  and  void,  other- 
wise than  through  the  civil  tribunals  of  tlic 
country,  as  inconsistent  with  the  longer  con- 
tinuance of  South  Carolina  in  the  Union ;  and 
that  the  people  of  this  State  will  thenceforth 
hold  themselves  absolved  from  all  further  obli- 
gation to  maintain  or  preserve  their  political 
connection  with  the  people  of  the  otlier  States, 
and  will  forthwith  proceed  to  organize  a  sepa- 
rate government,  and  do  all  other  acts  and  things 
which  sovereign  and  independent  States  may  of 
right  do. 

"  Done  in  convention  at  Columbia,  the  twen- 
ty-fourth day  of  November,  in  the  year  of  our 
Lord  one  thousand  eight  hundred  and  thirty- 
two,  and  in  the  fifty-seventh  year  of  the  decla- 
ration of  the  independence  of  tho  United  States 
of  America." 

This  ordinance  placed  the  State  in  the  atti- 
tude of  open,  forcible  resistance  to  the  laws  of 
the  United  States,  to  take  effect  on  the  first  day 
of  February  next  ensuing — a  period  within 
which  it  was  hardly  possible  fc  r  the  existing 
Congress,  even  if  so  disposed,  to  ameliorate  ob- 
noxious laws ;  and  a  period  a  month  earlier 
than  the  commencement  of  the  legal  existence 
of  the  new  Congress,  on  \i'hich  all  reliance  was 
placed.  And,  in  the  mean  time,  if  any  attempt 
should  be  made  in  any  way  to  enforce  the  ob- 
noxious laws  except  through  her  own  tribunals 
sworn  against  them,  the  fact  of  such  attempt 
was  to  terminate  the  continuance  of  South  Caro- 
lina in  the  Union — to  absolve  her  from  all  con- 
nection with  the  federal  government — and  to 
establish  her  as  a  separate  government,  not  only 
unconnected  with  the  United  States,  but  uncon- 
nected with  any  one  State.  This  ordinance, 
signed  by  more  than  a  hundred  citizans  of  the 
greatest  respectability,  was  officially  communi- 
cated to  the  President  of  the  United  States; 
and  a  case  presented  to  him  to  test  his  patriot- 
ism, his  courage,  and  his  fidelity  to  his  inaugu- 
ration oath — an  oath  taken  in  the  presence  of 
God  and  man,  of  Ileavien  and  earth,  "  to  lake 
care  that  the  laws  of  the  Union  were  faithfully 
executed.''^    That  President  was  Jackson ;  and 


Mm 


m:-^^' 


mf 


ANNO  1833.    ANDREW  JACKSON,  PRESIDENT. 


299 


consider  the  pas- 
3t  authorizing  the 
naval  force  against 

her  constitutional 
jr  act  abolishing  or 
ite,  or  any  of  them, 
c  free  ingress  and 

the  said  ports,  or 
the  federal  govcrn- 
it  up  her  ports,  de- 
:e,  or  to  enforce  the 
luil  and  void,  other- 
il  tribunals  of  tlic 
th  the  longer  con- 
in  the  Union;  and 
itc  will  thenceforth 
om  all  further  obli- 
;erve  their  political 
}(  the  other  States, 

to  organize  a  sepa- 
jther  acts  and  things 
ndent  States  may  of 

Columbia,  the  twcn- 
,  in  the  year  of  our 
Imndrcd  and  thirty- 
li  year  of  the  declar 
of  the  United  States 


he  State  in  the  atti- 
Itance  to  the  laws  of 
;ffect  on  the  first  day 
ig — a  period    within 
ible  fcr  the  existing 
sed,  to  ameliorate  ob- 
■iod  a  month  earlier 
f  the  legal  existence 
'hich  all  reliance  was 
time,  if  any  attempt 
ly  to  enforce  the  ob- 
gh  her  own  tribunals 
act  of  such  attempt 
uance  of  South  Curo- 
Ive  her  from  all  con- 
government — and  to 
government,  not  only 
ed  States,  but  uncon- 
te.     This  ordinance, 
ndrcd  citiz-ans  of  the 
s  officially  communir 
the  United  States; 
m  to  test  his  patriot- 
Pidclity  to  his  inaugu- 
ininthe  presence  of 
and  earth,  "  to  hike 
Inion  were  faithfully 
[nt  was  Jackson ;  and 


the  event  soon  proved,  what  in  fact  no  one  doubt- 
r)d  that  he  was  not  false  to  his  duty,  his  coun- 
try, and  his  oath.  Without  calling  on  Congress 
for  extraordinary  powers,  he  merely  adverted 
in  his  animal  message  to  the  attitude  of  the 
State,  and  proceeded  to  meet  the  exigency  by 
the  exercise  of  the  powers  he  already  possessed. 


CHAPTER    LXXIX. 

PROCLAMATION  AGAINST  NULLIFICATION. 

The  ordinance  of  nullification  reached  Presi- 
dent Jackson  in  the  first  days  of  December, 
and  on  the  tenth  of  that  month  the  proclama- 
tion was  issued,  of  which  the  following  are  the 
essential  and  leading  parts : 

"Whereas  a  convention  assembled  in  the  State 
of  South  Carolina  have  passed  an  ordinance,  by 
whicli  they  declare  '  that  the  several  acts  and 
parts  of  acts  of  the  Congress  of  the  United  States, 
purporting  to  be  laws  Ibr  the  imposing  of  duties 
and  imposts  on  the  importation  of  foreign  com- 
modities, and  now  having  actual  operation  and 
ctl'ect  within  the  United  States,  aiid  more  es- 
pcciall}^ '  two  acts  for  the  same  purposes,  p'assed 
on  the  29th  of  May,  1828,  and  on  the  14th  of 
July,  1832,  'are.  unauthorized  by  the  constitu- 
tion of  the  United  States,  and  violate  the  true 
meaning  and  intent  thereof,  and  are  null  and 
void,  and  no  law,'  nor  binding  on  the  citizens  of 
that  State,  or  its  officers :  and  by  the  said  ordi- 
nance, it  is  further  declared  to  be  unlawful  for 
any  of  the  constituted  authorities  of  the  State  or 
of  the  United  States  to  enforce  the  payment  of 
the  duties  imposed  by  the  said  acts  within  the 
same  State,  and  that  it  is  the  duty  of  the  legisla- 
ture to  pass  such  laws  as  may  be  necessary  to 
give  full  effect  to  the  said  ordinance : 

■'  And  whereas,  by  the  said  ordinance,  it  is 
further  ordained,  that  in  no  case  of  law  or  equity 
decided  in  the  courts  of  said  State,  wherein  shall 
be  drawn  in  question  the  validity  of  the  said  or- 
dinance, or  of  the  acts  of  the  legislature  that  may 
be  passed  to  give  it  effect,  or  of  the  said  laws  of 
the  United  States,  no  appeal  shall  be  allowed  to 
the  Supreme  Court  of  the  United  States,  nor 
shall  any  copy  of  the  record  be  permitted  or  al- 
lowed for  that  purpose,  and  that  any  person  at- 
tempting to  take  such  appeal  shall  be  punished 
as  for  a  contempt  of  court : 

"  And,  finally,  the  said  ordinance  declares  that 
the  people  of  South  Carolina  will  maintain  the 
saiil  ordinance  at  every  hazard ;  and  that  they 
will  consider  the  passage  of  any  act,  by  Congress, 
abolishing  or  closing  the  ports  of  the  said  State, 
or  otherwise  obstructing  the  free  ingress  or 


egress  of  vessels  to  and  from  the  said  ports,  or 
any  other  act  of  the  federal  goverimient  to  coerce 
the  State,  shut  up  her  ports,  destroy  or  harass 
her  commerce,  or  to  enforce  the  said  acts  other- 
wise than  through  the  civil  tribunals  of  the  coun- 
try, as  inconsistent  with  the  longer  continuance 
of  South  Carolina  in  the  Union ;  and  that  the 
people  of  the  said  State  will  thenceforth  hold 
themselves  absolved  from  all  further  obligation 
to  maintain  or  preserve  their  political  con- 
nection with  the  people  of  the  other  States, 
and  will  forthwith  proceed  to  organize  a  sepa- 
rate government,  and  do  all  other  acts  and  things 
which  sovereign  and  independent  States  may  of 
right  do : 

"  And  whereas  the  said  ordinance  prescribes 
to  the  people  of  South  Carolina  a  course  of  con- 
duct in  direct  violation  of  their  duty  as  citizens 
of  the  United  States,  contrary  to  the  laws  of 
their  country,  subversive  of  its  constitution, 
and  having  for  its  object  the  destruction  of  the 
Union — that  Union  which,  coeval  with  our  j)o- 
litical  existence,  led  our  fathers,  without  any 
other  ties  to  unite  them  than  those  of  patriotism 
and  a  common  cause,  through  a  sanguinary 
struggle  to  a  glorious  independence — that  sacred 
Union,  hitherto  inviolate,  which,  perfected  by 
our  happy  constitution,  has  brought  us,  by  the 


favor  of  Heaven,  to  a  state  of  prosperity  at 
home,  and  high  consideration  abroad,  rarely,  if 
ever,  equalled  in  the  history  of  nations :  To 
preserve  this  bond  of  our  political  existence  from 
destruction,  to  maintain  inviolate  this  state  of 
national  honor  and  prosperity,  and  to  justify  the 
confidence  my  fellow-citizens  have  reposed  in  me, 
I,  Andrew  Jackson,  President  of  the  United 
States,  have  thought  proper  to  issue  tliis  my 
proclamation,  stating  my  views  of  the  constitu- 
tion and  laws  applicable  to  the  measuies  adopt- 
ed by  the  convention  of  South  Carolina,  and  to 
the  reasons  they  have  put  forth  to  sustain  them, 
declaring  the  course  which  duty  will  require  mo 
to  pursue,  and,  appealing  to  the  understanding 
and  patriotism  of  the  people,  warn  them  of  the 
consequences  that  must  inevitably  result  from 
an  observance  of  the  dictates  of  the  convention. 

"  Strict  duty  would  require  of  me  nothing 
more  than  the  exercise  of  those  powers  with 
which  I  am  now,  or  may  hereafter  be,  invested, 
for  preserving  the  peace  of  the  Union,  and  for 
the  execution  of  the  laws.  But  the  imposing  as- 
pect which  opposition  has  assumed  in  this  case, 
by  clothing  itself  with  State  authority,  and  the 
deep  interest  which  the  people  of  the  United 
States  must  all  feel  in  preventing  a  resort  to 
stronger  measures,  while  there  is  a  hope  that 
any  thing  will  be  yielded  to  reasoning  and  re- 
monstrance, perhaps  demanded,  and  will  certain- 
ly justify,  a  full  exposition  to  South  Carolina 
and  the  nation  of  the  views  I  entertain  of  this 
important  question,  as  well  as  a  distinct  enun- 
ciation of  the  course  which  my  sense  of  duty 
will  require  me  to  pursue. 

"  The  ordinance  is  founded,  not  on  the  inde- 
feasible right  of  resisting  acts  which  are  plainly 


300 


THIRTY  YEAllS'  VIKW. 


uncnnstitntioniil  and  too  oppri'ssivc  to  he  endur- 
ed, but  on  tlic  stranfre  pf»sition  that  any  one 
State  ma}"  not  only  declare  an  act  of  Congress 
void,  hut  jn'oliihit  its  execution ;  that  they  may 
do  this  consistently  with  the  constitution  ;  that 
the  true  construction  of  that  instrument  jwrmits 
a  State  to  retain  its  place  in  the  Union,  and  yet 
he  hoimd  by  no  other  of  its  laws  than  those  it 
may  choose  to  ccnsider  as  constitutional.  It  is 
true,  they  add,  that  t:)  justify  this  abrogation  of 
a  liuv,  it  nnist  be  palpably  contrary  to  the  con- 
stitution ;  but  it  is  evident,  that  to  give  the  right 
of  resisting  laws  of  that  description,  coupled  with 
the  uncontrolled  right  to  decide  what  laws  ue- 
serve  that  character,  is  to  give  the  {jowcr  of  re- 
sisting all  laws.  For  as,  by  the  theory,  there  is 
no  appeal,  the  reasons  alleged  by  the  State,  good 
or  bad,  nnist  prevail.  If  it  should  be  said  that 
public  opinion  is  a  sufficient  check  against  the 
abuse  of  this  power,  it  may  be  asked  why  it  is 
not  deemed  a  sufficient  guard  against  the  passage 
of  an  unconstitutional  act  by  Congress.  There 
is,  however,  a  restraint  in  this  last  case,  which 
makes  the  assumed  power  of  a  State  more  inde- 
fensible, and  which  dws  not  exist  in  the  other. 
There  are  two  appeals  from  an  unconstitutional 
act  passed  by  Congress — one  to  the  judiciary, 
the  other  to  the  people  and  the  States.  There 
is  no  appeal  from  the  State  decision  in  tlicory, 
and  the  practical  illustration  shows  that  the 
courts  are  closed  against  an  application  to  review 
it,  both  judges  and  jurors  being  sworn  to  decide 
in  its  fit',  or.  But  reasoning  on  this  subject  is 
superfluous,  when  our  socin.l  compact,  in  express 
terms,  declares  that  the  laws  of  the  United  States, 
its  Ciinstitution,  and  treaties  made  imder  it,  are 
the  supreme  law  of  the  land ;  and,  for  greater 
caution,  adds  '  that  the  judges  in  every  State 
shall  be  bound  thereby,  any  thing  in  the  consti- 
tution or  laws  of  any  State  to  the  contrary  not- 
withstanding.' And  it  may  lie  asserted  with- 
out fear  of  refutation,  that  no  federative  govern- 
ment could  exist  without  a  similar  provision. 
Look  for  a  moment  to  the  consequence.  If  South 
Carolina  considers  the  revenue  laws  unconstitu- 
tional, and  has  a  right  to  prevent  their  execution 
in  the  port  of  Charleston,  there  would  be  a  clear 
constitutional  objection  to  their  collection  in 
everv  other  port,  and  no  revenue  could  be  col- 
lected anj'  where ;  for  all  imposts  must  be  equal. 
It  is  no  answer  to  repeat,  that  an  unconstitution- 
al law  is  no  law,  so  long  as  the  question  of  its 
Icgalitj'  is  to  be  decided  by  the  State  itself;  for 
every  law  operating  injuriously  upon  any  local 
interest  will  be  perhaps  thought,  and  certainly 
represented,  as  unconstitutional,  and,  as  has  been 
shown,  there  is  no  appeal. 

"  If  this  doctrine  had  been  established  at  an 
earliei-  day,  the  Union  would  hi  ve  been  dissolved 
in  its  infancy.  The  excise  law  in  Pennsylvania, 
the  embargo  and  non-intercourse  law  in  the 
Eastern  States,  the  carriage  tax  in  Virginia,  were 
all  deemed  unconstitutional,  and  were  more  un- 
equal in  their  operation  than  any  of  the  laws 
now  complained  of;  but  fortunately  none  of 


those  States  discovered  that  they  had  the  right 
now  claimed  by  South  Carolina.  The  war,  into 
which  we  were  forced  to  support  the  dignity  of 
the  nation  and  the  rights  of  our  citizens,  might 
have  ended  in  defeat  and  disgrace,  inste  .d  of  vic- 
tory and  honor,  if  the  States  who  supposed  it  a 
runious  and  unconstitutional  measure,  had 
thought  they  po.^scssed  the  right  of  nullifying 
the  act  by  which  it  was  declared,  and  denying 
supplies  for  its  pro.secution.  Hardly  and  un- 
equally as  thoMj  measures  bore  upon  several 
mendiers  of  the  Union,  to  the  legislatures  of  none 
did  this  efficient  and  peaceable  remedy,  as  it  is 
called,  suggest  itself.  The  discovery  of  this  im- 
portant feature  in  our  constitiition  was  reserved 
to  the  present  day.  To  the  statesmen  of  South 
Carolina  belongs  the  invention,  and  upon  the 
citizens  of  that  State  will  unfortunately  fall  the 
evils  of  reducing  it  to  practice. 

"If  the  doctrine  o*'a  State  veto  upon  the  laws 
of  the  Union  carries  with  it  internal  evidence  of 
its  impracticable  absurdity,  our  constitutional 
history  will  also  afford  abundant  {)roof  that  it 
would  have  been  repudiated  with  indignation 
had  it  been  proposed  to  form  a  feature  in  our 
government. 

"  In  our  colonial  state,  although  dependent  on 
another  power,  we  very  early  considered  our- 
selves as  connected  by  common  in;,erest  with  each 
other.  Leagues  were  formed  for  common  do- 
fence,  and,  before  the  declaration  of  indepen- 
dence, we  were  known  in  our  aggregate  character 
as  the  United  Colonies  of  America.  That  de- 
cisive and  important  step  was  taken  jointly 
We  declared  ourselves  a  nation  by  a  joint,  not 
by  several  acts,  and  when  the  terms  of  our  con- 
federation were  reduced  to  form,  it  was  in  that 
of  a  solemn  league  of  several  States,  by  which 
they  agreed  that  they  would  collectively  form 
one  nation  for  the  purpose  of  conducting  some 
certain  domestic  concerns  and  all  foreign  rela- 
tions. In  the  instrument  forming  that  Union 
is  found  an  article  which  declares  that  'every 
State  shall  abide  by  the  determinations  of  Con- 
gress on  all  questions  which,  by  that  confedera- 
tion, should  be  submitted  to  ihem.' 

"  Under  the  confederation,  then,  no  State  could 
legally  annul  a  decision  of  the  Congress,  or  re- 
fuse to  submit  to  its  execution ;  but  no  provi.'^ion 
was  made  to  enforce  these  decisions.  Congress 
made  requisitions,  but  they  were  not  complied 
with.  The  government  could  not  operate  on  in- 
dividuals. They  had  no  judiciary,  no  means  of 
collecting  revenue. 

"  But  the  defects  of  the  confederation  need 
not  be  detailed.  Under  its  operation  we  could 
scarcely  be  called  a  nation.  We  had  neither 
prosperity  at  home,  nor  consideration  abroad. 
This  state  of  things  could  not  be  endured,  and 
our  present  happy  constitution  was  formed,  but 
formed  in  vain,  if  this  fatal  doctrine  prevail.  It 
was  formed  for  important  objects  that  are  an- 
nounced in  the  preamble  made  in  the  name  and 
by  the  authority  of  the  people  of  the  United 
States,  whose  delegates  framed,  and  whose  con- 


;!     :*■<:      \ 


ANNO  1833.     ANDREW  JACKSON,  PRESIDENT. 


tlicy  had  the  rifiht 
ilia.     The  war,  into 
(jioit  the  dignity  of 
our  citizens,  might 
trace,  insted  of  vic- 
who  supposed  it  a 
nal    measure,    had 
right  of  nuHifyiiig 
clared,  and  denying 
1.     Hardly  and  uu- 
bore  tipon   s-everal 
;  legislatures  of  none 
blc  remedy,  as  it  is 
liscovcry  of  tliis  ini- 
itution  was  reserved 
Btatesmen  of  Soutli 
ition,  and  upon   the 
nfortunately  fall  the 
ice. 

e  veto  upon  the  laws 
internal  evidence  of 
,,  our  constitutional 
lundant  proof  that  it 
ed  with  indignation 
irra  a  feature  in  our 

though  dependent  on 
arly  considered  our- 
[lon  in-„crcst  with  each 
ned  for  common  de- 
jlaration   of  indepeu- 
iir  aggregate  charaeter 
i"  America.     That  do- 
V)  was  taken  jointly 
lation  by  a  joint,  not 
the  terras  of  our  con- 
form, it  was  in  that 
ral  States,  by  which 
uld  collectively  form 
I  of  conducting  sonic 
and  all  foreign  rela- 
forming  that  Union 
declares  that  •  every 
terminations  of  Con- 
1,  by  that  confedera- 
te ihcm.' 

1,  then,  no  State  could 
the  Congress,  or  re- 
ion  ;  but  no  provision 
decisions.  Congress 
were  not  complied 
uld  not  operate  on  in- 
idiciary,  no  means  of 

confederation  need 
operation  we  could 
,A.    We  had  neither 
;onsideration  abroad, 
not  be  endured,  ami 
ition  was  formed,  but 
doctrine  prevail.    It 
objects  that  are  an- 
■uade  in  the  name  and 
people  of  the  United 
imed,  and  whose  con- 


301 


jn 


ventions    approved   it.      The    most   important 
aniDiig  these  objects,  that  which  is  placed  first 
in  rank,  on  which  all  the  others  rest,  is  '  to  form 
a  more  iwrfect  Union.'    Now,  is  it  possible  that 
even  if  there  were  no  express  provision  giving 
supremacy  to  the  constitution  and  laws  of  the 
I'liited  States  over  those  of  the  States — can  it 
III'  conceived  that  an  instrument  made  for  the 
|)tiil)()se  of ' forming  a  more  perfect  Union'  than 
tliat  of  the  confederation,  could  be  so  construct- 
ed by  the  assembled  wisdom  of  our  country,  as 
to  substitute  for  that  confederation  a  form  of 
government  dependent  for  its  existence  on  the 
local  interest,  the  party  spirit  of  a  State,  or  of  a 
prevailing  faction  in  a  State  ?     Every  man  of 
plain,  unsophisticated  understanding,  who  hears 
the  question,  will  give  such  an  answer  as  will 
preserve  the  Union.     Metaphysical  subtlety,  in 
pursuit  of  an  impracticable  theory,  could  alone 
have  devised  one  that  is  calculated  to  destroy  it. 
"The  constitution  declares  that  the  judicial 
powers  of  the  United  States  extend  to  cases 
arising  under  the  laws  of  the  United  States,  and 
that  such  laws,  the  constitution  and  treaties  shall 
be  paramount  to  the  State  constitutions  and  laws. 
The  judiciary  act  prescribes  the  mode  by  which 
the  case  may  be  brought  before  a  court  of  the 
United  States :  by  appeal,  when  a  State  tribunal 
shall  decide  against  this  provision  of  the  consti- 
tution.   'J'he  ordinance  declares  there  shall  be 
jio  ajipcal ;  makes  the  State  law  paramount  to 
the  constitution  and  laws  of  the  United  States  ; 
I'lprct's  judges  and  jurors  to  swear  that  they  will 
disregard  their  provisions;  and  even  makes  it 
])t'iial  in  a  suitor  to  attenqit  relief  by  appeal.    It 
huther  declares  that  it  shall  not  be  lawful  for 
the  authorities  of  the  United  States,  or  of  that 
State,  to  enforce  the  payment  of  duties  imposed 
Dy  the  revenue  laws  within  its  limits. 

"  Here  is  a  law  of  the  United  States,  not  even 
pretended  to  be  unconstitutional,  repealed  by  the 
authority  of  u  small  majority  of  the  voters  of  a 
single  State.  Here  is  a  provision  of  the  consti- 
tution which  is  solemnly  abrogated  by  the  same 
authority. 

"  On  such  expositions  and  reasonings,  the  or- 
dinance grounds  not  only  an  assertion  of  the 
right  to  annul  the  laws  of  which  it  complains, 
but  to  enforce  it  by  a  threat  of  seceding  from  the 
L'uion,  if  any  attempt  is  made  to  execute  them. 
"  This  right  to  .secede  is  deduced  from  the  na- 
ture of  the  constitution,  which,  they  say,  is  a 
compact  between  sovereign  States,  who  have  pre- 
served their  whole  sovereignty,  and,  therefore, 
are  subject  to  no  superior ;  that,  because  they 
made  the  compact,  they  can  break  it  when,  in 
their  opinion,  it  has  been  departed  from,  by  the 
other  States.  Fallacious  as  this  course  of  rea- 
soning is,  it  enlists  State  piide,  and  finds  advo- 
cates in  the  honest  prejudices  of  those  who  have 
not  studied  the  nature  of  our  government  suffi- 
ciently to  see  the  radical  error  on  which  it  rests. 
"  The  people  of  the  United  States  formed  the 
constitution,  acting  through  the  State  legisla- 
tures in  making  the  compact,  to  meet  and  discuss 


its  provisions,  and  acting  in  separate  conventiona 
when  they  ratified  those  provisions ;  but,  the 
terms  used  in  its  construction  show  it  to  be  a 
government  in  which  the  people  of  all  the  States 
collectively  are  represented.  We  are  one  people 
in  the  choice  of  the  President  and  Vice-President. 
Hero  the  States  have  no  other  agency  than  to 
direct  the  mode  in  which  the  votes  shall  bo 
given.  Candidates  having  the  majority  oi  all 
the  votes  are  chosen.  The  electoi m  of  u  majority 
of  States  may  have  given  their  votes  for  one 
candidate,  and  yet  another  may  be  chosen.  The 
people,  then,  and  not  the  States,  are  represented 
in  the  executive  branch. 

'•  In  the  House  of  Representatives,  there  is 
this  difference:  that  the  people  of  one  State  do 
not,  as  in  the  case  of  President  and  Vice-Presi- 
dent, all  vote  for  the  same  ofiiceiH.  The  people 
of  all  the  States  do  not  vote  for  all  the  members, 
each  State  electing  only  its  own  repivsentatives. 
But  this  creates  no  material  distinction.  AVhen 
chosen,  they  are  all  representatives  of  the  United 
States,  not  rejiresentatives  of  the  particular 
State  from  which  they  come.  They  are  paid  by 
the  United  States,  not  by  the  State,  nor  are  they 
accountable  to  it  for  any  act  done  in  the  per- 
formance of  their  legislative  functions ;  and 
however  they  may  in  practice,  as  it  is  their 
duty  to  do,  consult  and  prefer  the  interests  of 
their  particular  constituents,  when  they  come  in 
conflict  with  any  other  partial  or  local  interest, 
yet  it  is  their  first  and  highest  duty,  as  repre- 
sentatives of  the  United  States,  to  promote  the 
general  good. 

"  The  constitution  of  the  United  States,  then, 
forms  a  government,  not  a  league ;  and  whether 
it  be  formed  by  compact  between  the  States,  or 
in  any  other  manner,  its  character  is  the  same. 
It  is  a  government  in  which  all  the  people  are 
represented,  which  operates  directly  on  the  peo- 
ple individually,  not  upon  the  States — they  re- 
tained all  the  power  they  did  not  grant.    But 
each  State,  having  expressly   parted  with  so 
many  powers  as  to  constitute,  jt/intly  with  the 
other  States,  a  single  nation,  cannot,  from  that 
period,  possess  any  right  to  secede,  because 
such  secession  does  not  break  a  league,  but  de- 
stroys the  unity  of  a  nation ;  and  any  injury  to 
that  unity  is  not  only  a  breach  which  would  re- 
sult from  the  contravention  of  a  compact,  but  it 
is  an  offence  against  the  whole  Union.     To  say 
that  any  State  may  at  pleasure  secede  from  the 
Union,  is  to  say  that  the  United  States  are  not 
a  nation ;  bed^use  it  would  be  a  solecism  to  con- 
tend that  any  part  of  a  nation  might  dissolve  its 
connection  with  the  other  parts,  to  their  injury 
or  ruin,  without  committing  any  offence.    Seces- 
sion, like  any  other  revolutionary  act,  may  be 
morally  justified  by  the  extremity  of  oppression ; 
but,  to  call  it  a  constitutional  right,  is  confound- 
ing the  meaning  of  terms ;  and  can  only  be  done 
through  gross  error,  or  to  deceive  those  who  are 
willing  to  assert  a  right,  but  would  pause  before 
they  made  a  revolution,  or  incur  the  penalties 
consequent  on  a  failure. 


302 


THIRTY  YEARS'  VIEW. 


'i 


''III  iiilliilli 


jiiiiii 


hi  H 


^ililitiili! 


"  Follow-citizcns  of  my  native  State,  let  me 
not  only  admonish  you,  as  the  First  IMagistratc 
of  our  common  country,  not  to  incur  the  penalty 
of  its  laws,  but  use  the  influence  that  a  father 
would  over  his  children  whom  he  saw  rushing 
to  certain  ruin.  In  that  paternal  language,  with 
that  paternal  feeling,  let  me  tell  you,  my  coun- 
tiymen,  that  you  are  deluded  by  men  who  are 
eitlier  deceived  themselves,  or  wish  to  deceive 

{'^ou.  Mark  under  what  pretences  you  have  been 
ed  on  to  the  brink  of  insurrection  and  treason, 
on  which  j'ou  stand !  First,  a  diminution  of  the 
value  of  your  staple  commodity,  lowered  by  over 
production  in  other  quarters,  and  the  consequent 
diminution  in  the  value  of  your  lands,  were  the 
sole  effect  of  the  tariff"  laws. 

"  The  efrcct  of  those  laws  was  confessedly  in- 
jurious, but  the  evil  was  greatly  exaggerated  by 
the  unfounded  theory  you  were  taught  to  believe, 
that  its  burdens  were  in  proportion  to  your  ex- 
ports, not  to  your  consumption  of  imported 
articles.  Your  pride  was  roused  by  the  assertion 
that  a  submission  to  those  laws  was  a  state  of 
vassalage,  and  that  resistance  to  them  was  equal, 
in  patriotic  merit,  to  the  oppositions  our  fathers 
offered  to  the  oppressive  laws  of  Great  Britain. 
You  were  told  tfiis  opposition  might  be  peace- 
ably, might  be  constitutionally  made ;  that  you 
might  enjoy  all  the  advantages  of  the  Union, 
and  bear  none  of  its  burdens.  Eloquent  appeals 
to  your  piissions,  to  your  State  pride,  to  your 
native  courage,  to  your  sense  of  real  injury, 
were  used  to  prepare  you  for  the  period  when 
the  mask,  which  concealed  the  hideous  features 
of  disunion,  should  be  taken  off.  It  fell,  and  you 
were  made  to  look  with  complacency  on  objects 
which,  not  long  since,  you  would  have  regarded 
with  horror.  Look  back  to  the  arts  which  have 
brought  you  to  this  state ;  look  forward  to  the 
consequences  to  which  it  must  inevitably  lead  ! 
Look  back  to  what  was  first  told  you  as  an  in- 
ducement to  enter  into  this  dangercus  course. 
Tlie  great  political  truth  was  repeated  to  you, 
that  you  had  the  revolutionary  right  of  resisting 
all  laws  that  wee  palpably  unconstitutional  and 
intolerably  oppressive  ;  it  was  added  that  the 
right  to  nullify  a  law  rested  on  the  same  prin- 
ciple, but  that  it  was  a  peaceable  remedy  !  This 
character  which  was  given  to  it,  made  you  re- 
ceive with  too  much  confidence  the  assertions 
that  were  made  of  the  unconstitutionality  of  the 
law,  and  its  oppressive  effects.  Mark,  my  fellow- 
citizens,  that,  by  the  admission  of  your  leaders, 
the  unconstitutionality  must  be  palpable,  or  it 
will  not  justify  either  resistance  or  nullification ! 
What  is  the  meaning  of  the  word  palpable,  in 
the  sense  in  which  it  is  here  used  ?  That  which 
is  apparent  to  every  one ;  that  which  no  man 
of  ordipary  intellect  will  fail  to  perceive.  Is 
the  unconstitutionality  of  these  laws  of  that 
description  ?  Let  those  among  your  leaders 
who  once  approved  and  advocated  the  principle 
of  protective  duties,  answer  the  question ;  and 
let  them  choose  whether  they  will  be  considered 
as  incapable,  then,  of  perceiving  that  which  must 


have  been  apparent  to  every  man  of  common 
understanding,  or  as  imposing  upon  your  confl 
dence,  and  endeavoring  to  mislead  you  now. 
In  either  case  they  are  unsafe  guides  in  the 
perilous  path  they  urge  you  to  tread.  Pondci 
well  on  this  circumstance,  and  yon  will  know 
how  to  appreciate  the  exaggerated  language 
they  address  to  you.  They  are  not  champions 
of  liberty  emulating  the  fame  of  our  revolution- 
ary fathers ;  nor  are  you  an  oppressed  people, 
contending,  as  they  repeat  to  you,  against  worse 
than  colonial  vassalage. 

"  You  are  free  members  of  a  flourishing  and 
happy  Union.  There  is  no  settled  design  to 
oppress  you.  You  have  indeed  felt  the  unequal 
operation  of  laws  which  may  have  been  unwisely, 
not  unconstitutionally  passed  ;  but  that  ine- 
quality must  necessarily  be  removed.  At  the 
very  moment  when  you  were  madly  urged  on 
to  the  unfortunate  course  you  have  begun,  a 
change  in  public  opinion  had  commenced.  Tlie 
nearly  approaching  payment  of  the  public  debt, 
and  the  consequent  necessity  of  a  diminution 
of  duties,  had  already  produced  a  considerable 
reduction,  and  that,  too,  on  some  articles  of 
general  consumption  in  your  State.  The  impor- 
tance of  this  change  was  underrated,  and  you 
were  authoritatively  told  that  no  furtner  allevi- 
ation of  your  burdens  was  to  be  expected,  at  tlie 
very  time  when  the  condition  of  the  country 
imperiously  demanded  such  a  modification  of 
the  duties  as  should  reduce  them  to  a  just  and 
equitable  scale.  But,  as  if  ajjprehensive  if  the 
efl'cct  of  this  change  in  allaying  your  discontents, 
you  were  precipitated  into  the  fearful  state  in 
which  you  now  find  yourselves. 

"  I  adjure  you,  as  you  honor  their  memory ; 
as  you  love  the  cause  of  freedom,  to  which  they 
dedicated  their  lives ;  as  you  prize  the  peace  of 
your  country,  the  lives  of  its  best  citizens,  and 
your  own  fair  fame,  to  retrace  your  steps. 
Snatch  from  the  archives  of  your  State  the  dis- 
organizing edict  of  its  convention;  bid  its  mem- 
bers to  reassemble,  and  promulgate  the  decidi-d 
expressions  of  your  will  to  remain  in  the  path 
which  alone  can  conduct  you  to  safety,  prosperity 
and  honor.  Tell  them  that,  compared  to  dis- 
union, all  other  evils  are  light,  because  tliat 
brings  with  it  an  accumulation  of  all.  Declare 
that  you  will  never  take  the  field  unlctss  the 
star-spangled  banner  of  your  country  shall  float 
over  )'^ou  ;  that  you  will  not  be  stigmatized  when 
dead,  and  dishonored  and  scorned  while  you 
live,  as  tl.u  authors  of  the  first  attack  on  the 
constitution  of  your  country.  Its  destroyers 
you  cannot  be.  You  may  disturb  its  peace,  you 
may  interrupt  the  course  of  its  prosperity,  you 
may  cloud  its  reputation  for  stability,  but  its 
tranquillity  will  be  restored,  its  prosperity  will 
return,  and  the  stain  upon  its  national  character 
will  be  transferred,  and  remain  an  eteriuil  blot 
on  the  memoiy  of  those  who  caused  the  disorder. 

"  Fellow-citizens  of  the  United  States,  the 
threat  of  unhallowed  disunion,  the  names  of 
those,  once  respected,  by  whom  it  is  uttered, 


ANNO  ie.l3.    ANDREW  JACKSOX,  PRESIDKNT. 


303 


y  man  of  coininon 
g  upon  yotir  confl 
miBlead  you  now. 
safe  guides  in  the 
to  tread.  Pondei 
nd  you  will  know 
iggerated  language 
are  not  champions 
B  of  our  revolution- 
i  oppressed  people, 
>  you,  against  worse 

if  a  flourishing  and 
0  settled  design  to 
ced  felt  the  unequal 
have  been  unwisely, 
5cd  ;  but  that  ine- 
j  removed.  At  the 
ere  madly  urged  on 
you  have  begun,  a 
d  commenced.  The 
t  of  the  public  debt, 
ity  of  a  diminution 
uced  a  considerable 
)n  some  articles  of 
ir  State.  The  impor- 
underrated,  and  you 
tiat  no  further  allevi- 
to  be  expected,  at  the 
ition  of  the  country 
;h  a  modification  of 
e  them  to  a  just  and 
apprehensive  if  the 
ying  your  discontents, 
the  fearful  state  iu 
Ives. 

honor  their  memory ; 
;edom,  to  which  they 
)u  prize  the  peace  of 
its  best  citizens,  and 
retrace  yOur  steps. 
f  your  State  the  dis- 
ention ;  bid  its  mem- 
omulgate  the  decided 
;o  remain  iu  the  path 
a  to  safety,  prosperity 
lat,  compared  to  dis- 
e  light,  because  that 
ation  of  all.    Declare 
the  field  unless  the 
lur  country  shallfloat 
t  be  stigmatized  when 
1  scorned  while  you 
!  first  attack  on  the 
itry.    Its  destroyers 
disturb  its  peace,  you 
of  its  prosperity,  you 
for  stability,  but  its 
id,  its  prosperity  will 
.  its  national  character 
■main  an  eternal  blot 
lio  caused  the  <lisorder. 
United  States,  the 
|union,  the  names  of 
whom  it  is  uttered, 


the  array  of  military  force  to  support  it,  denote 
the  approach  of  a  crisis  in  our  affairs,  on  which 
the  continuance  of  our  unexampled  prosperity, 
our  political  existence,  and  perhaps  that  of  all 
free  governments,  may  depend.  The  conjunc- 
ture demanded  a  free,  a  full,  and  explicit  enun- 
ciation, not  only  of  my  intentions,  but  of  my 
principles  of  action ;  and,  as  the  claim  was 
asserted  of  a  right  by  a  State  to  annul  the  laws 
of  the  Union,  and  even  to  secede  from  it  at 
pleasure,  a  frank  exposition  of  my  opinions  in 
relation  to  the  origin  and  form  of  our  government, 
and  the  construction  I  give  to  the  instrument 
by  which  it  was  created,  seemed  to  be  proper. 
Having  the  fullest  confidence  in  the  justness  of 
the  legal  and  constitutional  opinion  of  my  duties, 
which  has  been  expressed,  I  rely,  with  equal 
confidence,  on  your  undivided  support  in  my 
determination  to  execute  the  laws,  to  preserve 
tlie  Union  by  all  constitutional  meaas,  to  arrest, 
if  possible,  by  moderate,  but  firm  measures,  tiie 
nocesj-ity  of  a  recourse  to  force  ;  and,  if  it  be  the 
will  of  Heaven  that  the  recurrence  of  its  primeval 
curse  on  man  for  the  shedding  of  a  brother's 
blood  should  fall  upon  our  land,  that  it  be  not 
called  down  by  any  offensive  act  on  the  part  of 
tlic  United  States. 

"  Fellow-citizens :  The  momentous  ca.so  is 
before  you.  On  your  undivided  support  of  your 
government  depends  the  decision  of  the  great 
question  it  involves,  whether  your  sacred  Union 
will  be  preserved,  and  the  blessings  it  secures  to 
us  ns  one  people  shall  be  perpetuated.  No  one 
cau  doubt  that  the  unanimity  with  which  that 
(leci.<ion  will  bo  expressed,  will  be  such  as  to 
in.»pire  new  confidence  in  republican  institutions, 
and  that  the  prudence,  the  wisdom,  and  the 
courage  which  it  will  bring  to  their  defence,  will 
transmit  them  unimpaired  and  invigorated  to 
our  children." 


CHAPTER    LXXX. 

MESSAGE  ON  TIIE  SOUTH  CAKOLINA  PKOCEED- 
1NG8. 

In  his  annual  message  to  Congress  at  the  open- 
ing of  the  session  1832-'33,  the  President  had 
adverted  to  the  proceedings  in  South  Carolina, 
hinting  at  their  character  as  inimical  to  the 
Union,  expressing  his  belief  that  the  action  in 
reducing  the  duties  which  the  extinction  of  the 
public  debt  would  permit  and  require,  would 
put  an  end  to  tho.se  proceedings ;  and  if  they 
did  not,  and  those  proceedings  continued,  and 
the  executive  government  should  need  greater 
powers  than  it  possessed  to  overcome  them,  he 
promised  to  make  a  communication  to  Congress, 


showing  the  state  of  the  question, — what  had 
been  done  to  compose  it, — and  asking  for  the 
powers  which  the  exigency  demanded.  The 
proceedings  not  ceasing,  and  taking  daily  a  more 
aggravated  fonu  in  the  organization  of  troops, 
the  collection  of  arms  and  of  munitions  of  war, 
and  in  declarations  hostile  to  the  Union,  lie  found 
himself  required,  early  in  January,  to  make  the 
promised  communication  ;  and  did  so  in  a  mes- 
sage to  both  Houses,  of  which  the  following  arc 
the  essential  parts  which  belong  tc  hi:story  and 
posterity : 

"  Since  the  date  of  my  last  annual  message,  I 
have  had  officially  transmitted  to  me  by  the 
Governor  of  South  Carolina,  which  I  now  com- 
municate to  Congress,  a  copy  of  the  ordinance 
passed  by  the  con-cnticm  which  assembled  at 
Columbia,  in  the  State  of  South  Carolina,  in 
November  last,  declaring  certain  acts  of  Congress 
therein  mentioned,  within  the  liiiiits  of  that 
State,  to  be  absolutely  null  and  void,  and  mak- 
ing it  the  dnty  of  the  legislature  to  pass  such 
laws  as  would  be  necessary  to  carry  the  same 
into  etl'ect  from  and  after  the  1st  of  Febi  uaiy 
next 

"  The  consequences  to  which  this  extraordi- 
nary defiance  of  the  just  authority  of  the  gov- 
ernment might  too  surely  lead,  were  clearly 
foreseen,  and  it  was  impossible  for  me  to  hesi- 
tate as  to  my  own  duty  in  such  an  emergency. 

"The  ordinance  had  been  passed,  however, 
without  any  certain  knowledge  of  the  recom- 
mendation which,  from  a  view  of  the  interests 
of  the  nation  at  large,  the  Executive  had  deter- 
mined to  submit  to  Congress;  and  a  hope  was 
indulged  that,  by  frankly  explaining  his  senti- 
ments, and  the  nature  of  those  duties  which  the 
crisis  would  devolve  upcm  him.  the  autiiorities 
of  South  Carolina  might  be  induced  to  i  etraco 
their  steps.  In  this  hope,  1  determined  to  issue 
my  proclamation  of  the  10th  of  December  last, 
a  copy  of  which  I  now  lay  before  Congiess. 

"  1  regret  to  inform  you  that  these  reasonable 
expectations  have  not  been  realized,  and  that 
the  several  acts  of  the  legislature  of  South 
Carolina,  which  I  now  lay  before  you,  and  which 
have,  all  and  each  of  them,  finally  passed,  after 
a  knowledge  of  the  desire  of  the  administration 
to  modify  the  laws  complained  of,  are  too  well 
calculated,  both  in  their  positive  enactments, 
and  in  the  spirit  of  opposition  which  they  obvi- 
ously encourage,  wholly  to  obstruct  the  collec- 
tion of  the  revenue  within  the  limits  of  that 
State. 

"  Up  to  this  period,  neither  the  recommenda- 
tion of  the  Executive  in  regard  to  our  financial 
policy  and  impost  system,  nor  the  disposition 
manifested  by  Congress  promptly  to  act  upon 
that  subject,  nor  the  unequivocal  expression  of 
the  public  will,  in  all  parts  of  the  Union,  ap- 
pears to  have  produced  any  relaxation  in  the 


'il 


304 


THIIITY  YKAR8'  VIKW. 


m 


r|.%!  if 

|«  £;;;ji„ 


mcnHuroa  of  oppdsition  odoptofl  l)y  tho  State  of 
South  Giiroliiia ;  nor  is  t!uTi«  any  reason  to  hope 
that  the  orrlinaiicu  and  laws  will  he  ahiiiidonea. 

"  I  have  no  knowle(ljj;e  that  nn  iittenipt  has 
been  made,  or  that  it  is  in  contemplation,  to 
reassemble  either  the  convention  or  the  legis- 
lature ;  and  it  will  he  perceived  that  the  inter- 
val before  the  1st  of  Fel)ruary  is  too  short  to 
admit  of  the  |)rcliminary  steps  necessary  for 
that  purpose.  It  appears,  miceover,  that  the 
State  authorities  are  actively  organizing  their 
military  resources,  and  pi-oviding  the  means, 
and  giving  the  most  solenui  assurances  of  pro- 
tection and  support  to  all  who  shall  enlist  in 
opposition  to  the  revenue  laws. 

"A  recent  jiroclamation  of  the  present  Oover- 
nor  of  Soiith  Carolina  has  openly  defied  the  au- 
thority of  the  K.\ccHtive  of  tiie  Union,  nnd  gene- 
ral oi-ders  from  the  head  quarters  of  the  State 
announi'L'd  liis  determination  to  accept  the  ser- 
vices of  volinitccrs,  and  his  belief  that,  should 
their  country  need  their  services  they  will  be 
found  at  the  post  of  honor  and  duty,  ready  to 
lay  down  their  lives  in  her  defence.  Under 
these  orders,  the  forces  referred  to  are  directed 
to  '  hold  themselves  in  readiness  to  take  the 
field  at  a  moment's  warning ;'  and  in  the  city  of 
Charleston,  within  a  collection  district  and  a 
port  of  entry,  a  rendezvous  has  been  opened  for 
the  pur|)ose  of  enlisting  men  for  the  magazine 
and  municipal  guard.  Thus,  South  Carolina 
presents  herself  in  the  attitude  of  hostile  prepa- 
ration, and  ready  even  for  military  violence,  if 
need  be,  to  enforce  her  laws  for  preventing  the 
collectioi-  of  the  duties  '.'ithin  her  limits. 

"Proceedings  thus  a,r  unced  and  matured 
must  be  distinguished  from  menaces  of  unlawful 
resistance  b}'  irregular  bodies  of  people,  who, 
acting  under  temporary  delusion,  may  lie  re- 
strained by  reflection,  and  the  influence  of  public 
opinion,  from  the  commission  of  actual  outrage. 
In  the  present  instance,  aggression  may  be  re- 
garded as  committed  Avhen  it  is  officially  au- 
thorized, and  the  means  of  enforcing  it  fully 
provided. 

'  Under  these  circumstances,  there  can  be  no 
doubt  that  it  is  the  determination  of  the  autho- 
rities of  South  Carolina  fully  to  carry  into  eft'ect 
their  ordinance  and  laws  after  the  1st  of  Fcbru- 
ar}'.  It  therefore  becomes  my  duty  to  bring  the 
subject  to  the  serious  consideration  of  Congress, 
in  order  that  such  measures  as  they,  in  their 
wisdom,  may  deem  fit,  shall  be  seasonably  pro- 
vided ;  and  that  it  rr.ay  be  thereby  understood 
that,  while  the  government  is  disposed  to  re- 
move all  just  cause  of  complaint,  as  far  as  may 
be  practicable  consistently  with  a  proper  regard 
to  the  interests  of  the  communitj'  at  large,  it  is, 
nevertheless,  determined  that  the  supremacy  of 
the  laws  shall  be  maintained. 

"  In  making  this  communication,  it  appears  to 
me  to  be  proper  not  only  that  I  should  lay  be- 
fore you  the  acts  and  proceedings  of  South  Ca- 
rolina, but  that  I  should  also  fully  acquaint  you 
with  those  steps  which  I  liave  already  caused  to 


bo  taken  for  the  due  collection  of  the  revenue, 
and  with  my  views  of  the  subject  generally,  that 
the  suggestions  which  the  constitution  re(iuires 
me  to  make,  in  regard  to  your  future  legislation, 
may  be  better  understooa. 

"  This  subject,  having  early  attracted  the  anx- 
ious attention  of  the  Executive,  as  soon  as  it  was 
probable  that  the  authorities  of  South  Carolina 
seriously  meditated  resistance  to  the  faithful  exe- 
cution of  the  revenue  laws,  it  was  deemed  ad- 
visable that  the  Secretary  of  the  Treasury  sliould 
particularly  instruct  the  officers  of  the  United 
States,  in  that  part  of  the  Union,  as  to  the  na- 
ture of  the  duties  prescribed  by  the  existing 
laws. 

"  Instructions  were  accordingly  issued,  on  the 
sixth  of  November,  to  the  collectors  in  that 
State,  pointing  out  their  respective  duties,  and 
enjoining  upon  each  a  firm  and  vigilant,  but  <liH- 
creet  performance  of  them  in  the  emergency  then 
apprehended. 

"  I  herewith  ti'ansmit  copies  of  these  instnio- 
tions,  and  of  the  letter  addressed  to  the  district 
attorney,  requesting  his  co-operation.  These 
instructions  were  dictated  in  the  hope  that,  a.s 
the  opposition  to  the  laws,  by  the  anomalous 
proceeding  of  nullification,  was  represented  to 
be  of  a  pacific  nature,  to  be  pursued,  substan- 
tially, according  to  the  forms  of  the  constitution, 
and  without  resorting,  in  any  event,  to  force  or 
violence,  the  measures  of  its  advocates  woidd  l)c 
taken  in  conformity  with  that  profession ;  and, 
on  such  supposition,  the  means  afforded  by  tiio 
existing  laws  would  have  been  adequate  to  meet 
any  emergency  likely  to  arise. 

"  It  was,  however,  not  possible  altogether  to 
suppress  apprehension  of  the  excesses  to  whicii 
the  excitement  prevailing  in  that  quarter  mijrlit 
lead  ;  but  it  certainly  was  not  foreseen  that  the 
meditated  obstruction  to  the  laws  would  so  soon 
openly  assume  its  present  character. 

"  Subsequently  to  the  date  of  those  instruc- 
tions, however,  the  ordinance  of  tlie  convention 
was  passed,  which,  if  complied  with  by  the  peo- 
ple of  that  State,  must  effectually  render  in- 
operative the  present  revenue  laws  within  her 
limits. 

"  This  solemn  denunciation  of  the  laws  and 
authority  of  the  United  States  has  been  follow- 
ed up  by  a  series  of  acts,  on  the  part  of  the 
authorities  of  that  State,  which  manifest  a  de- 
termination to  render  inevitable  a  resort  to  those 
measures  of  self-defence  which  the  paramount 
duty  of  the  federal  government  requires  ;  but. 
upon  the  adoption  of  which,  that  State  will 
proceed  to  execute  the  purpose  it  has  avowed  in 
this  ordinance,  of  withdrawing  from  the  Union. 

"On  the  27th  of  November,  the  legislature 
assembled  at  Columbia ;  and,  on  their  meeting, 
the  Governor  laid  before  them  the  ordinance  of 
the  convention.  In  his  message,  on  that  occa- 
sion, he  acquaints  them  that '  this  ordinance  lias 
thus  become  a  pait  of  the  fundamental  law  of 
South  Carolina  ; '  that '  the  die  has  been  at  lust 
cast,  and  South  Carolina  has  at  length  appealed 


ANNO  1838.    ANDREW  JACKSON,  PRIiSIUENT. 


305 


of  the  revenue, 
ct  generally,  that 
ititution  rc'nuires 
future  legislation, 

,ttracted  the  anx- 

ns  Koon  as  it  was 

,f  Sotith  Carolina 

0  the  faithful  cxo- 
t  was  (leemetl  ml- 
L'  Treasury  shoiild 
crs  of  the  Ignited 
lon,  as  to  the  nar 
\  by  the  existing 

igly  issued,  on  the 
collectors  in  that 
nective  duties,  and 
idviRilnnt.hutdis- 
ihc  emergency  then 

!8  of  these  instmo- 
sscd  to  the  district 
-operation.     These 

1  the  hope  that,  as 
by  the  anomalous 

was  represented  to 
3  pursued,  suhstnii- 
i  of  the  constitution, 
y  event,  to  force  or 
,  advocates  would  Iw 
iiat  profession-,  and, 
;ans  afforded  by  tiie 
■en  adequate  to  meet 

Usible  altogether  to 
Le  excesses  to  which 
li  that  quarter  mi|:ht 
lot  foreseen  that  the 
laws  would  so  soon 
Iharacter. 

Ite  of  those  instmc- 
•e  of  the  convention 
Jed  with  by  the  peo- 
frectually  render  in- 
line laws  withm  her 

Ln  of  the  laws  and 
[tes  has  been  follow- 
i  on  the  part  of  the 
krhich  manifest  a  de- 
Jable  a  resort  to  those 
Ihich  the  paramount 
Iment  requires  -,  but 
lich,  that  State  ^ylU 
Vse  it  has  avowed  in 
ling  from  the  "Union. 
nber,  the  legislature 
pd,  on  their  meeting, 
tern  the  ordinance  of 
Lsage,  on  that  occa- 
tt '  this  ordinance  has 
Je  fundamental  law  of 
|e  die  has  been  at  last 
las  at  length  appealed 


to  her  ulterior  sovereignty  as  a  meinlxr  of  this 
confederacy,  and  has  planted  herself  on  her  re- 
served rights.  The  rightful  exercise  of  this 
t)owcr  is  not  a  ({uestion  which  wu  shall  any 
onger  argue.  It  is  sufficient  that  she  has  willed 
it,  and  tliat  the  act  is  done;  nor  is  its  strict 
compatibility  with  our  constitutional  ohligation 
to  oil  laws  passed  by  the  general  government, 
within  the  authori/.ed  grants  of  power,  to  be 
drawn  in  question,  when  this  interposition  is 
exerted  in  a  case  in  which  the  compact  has  been 
palpably,  delibi-rately,  and  dangerously  violated. 
That  it  brings  up  a  conjuncture  of  deej)  and  mo- 
mcntoub  interest,  is  neither  to  be  concealed  nor 
denied.  This  crisis  presents  a  class  of  duties 
which  is  referable  t(j  yourselves.  You  have 
been  commanded  by  the  f/cople,  in  their  highest 
govurcignty,  to  take  cure  that,  within  the  limits 
of  this  State,  their  will  shall  be  obeyed.'  '  The 
measure  of  legislation,'  he  says, '  which  you  have 
to  employ  at  this  crisis,  is  the  precise  amount  of 
such  enactments  as  may  bo  necessary  to  render 
it  utterly  impossible  to  collect,  within  our  limits, 
the  duties  imposed  by  the  protective  tariffs  thus 
nullified.'  lie  proceeds :  '  That  you  should  arm 
every  citizen  with  a  civil  process,  by  which  lie 
may  claim,  if  ho  pleases,  a  restitution  of  his 
goods,  seized  under  the  existing  imposts,  on  his 
giving  security  to  abide  the  issue  of  a  suit  at 
law,  and,  at  the  same  time,  deliuu  what  shall 
constitute  treason  against  the  State,  and,  by  a 
bill  of  pains  and  penalties,  compel  obedience, 
and  punish  disobedience  to  your  own  laws,  are 
points  too  obvious  to  require  any  discussion.  In 
one  word,  you  nmst  survey  the  whole  ground. 
You  must  look  to  and  provide  for  all  possible 
contingencies.  In  your  own  limits,  your  own 
courts  of  judicature  must  not  only  be  supreme, 
but  you  must  look  to  the  ultimate  issue  of  any 
conllict  of  jurisdiction  and  power  between  them 
ami  the  courts  of  the  United  States.' 

'•  The  Governor  also  asks  for  power  to  grant 
clearances,  in  violation  of  the  laws  of  tlie  Union ; 
and,  to  prepare  for  the  alternative  which  must 
happen,  unless  the  United  States  shall  passively 
surrender  their  authority,  and  the  Executive, 
disregarding  his  oath,  refrain  from  executing  the 
laws  of  the  Union,  he  recommends  a  thorough 
revision  of  the  militia  system,  and  that  the  Go- 
vernor "  be  authorized  to  accept,  for  the  defence 
of  Charleston  anu  its  deijendencies,  the  services 
of  two  thousand  volunteers,  either  by  companies 
or  files;'  and  that  they  be  formed  into  a  legion- 
ary brigade,  consisting  of  infantry,  riflemen,  ca- 
valry, field  and  heavy  artillery  ;  and  that  they 
be 'armed  and  equipped,  from  the  public  arse- 
nals, completely  for  the  field ;  and  that  appro- 
priations be  made  for  supplying  all  dificieiicies 
in  our  munitions  of  war.'  In  addition  to  these 
voli'"t,eer  draughts,  he  recommends  that  the 
Governor  be  authorized  '  to  accept  the  services 
of  ten  thousand  volunteers  from  the  other  di- 
visions of  the  State,  to  be  oigauized  and  ar- 
ranged in  regiments  and  brigades;'  the  olli- 
oerB  to  be  selected  by  the  commauder-in-chief ; 

Vol.  I.— 20 


and  that  this  whole  force  be  ealhtd  the  '  State 
Guard.' 

"  1  f  these  measures  cannot  bo  defeated  and 
overcome,  by  the  power  conferred  by  the  con- 
stitution on  the  federal  government,  the  consti- 
tution must  be  considered  as  incomiH'tent  to  its 
own  defence,  the  supremacy  of  the  laws  is  at  an 
end,  and  the  rights  and  lilx>rties  of  the  citizeuH 
can  no  longer  receive  protection  from  the  go- 
vernment of  the  Union.  They  not  only  abro- 
gate the  acts  of  Congress,  commonly  called  the 
tariff  acts  of  1828  and  1832,  but  they  prostrate 
and  sweep  away,  at  once,  and  without  exception, 
every  act,  and  every  part  of  every  act,  imposing 
any  amount  whatever  of  duty  on  any  foreign 
nu'rchandise  ;  and,  virtually,  every  existing  act 
■,vhich  has  ever  been  passed  authorizing  the  col- 
lection of  the  revenue,  including  the  act  of  1810, 
and,  also,  the  collection  law  of  1799,  the  consti- 
tutionality of  which  has  never  been  questioned. 
It  is  not  only  those  duties  which  are  charged  to 
have  been  inqiosed  for  the  protection  of  manu- 
factures that  are  thereby  repealed,  but  all  others, 
though  laid  for  the  purpose  of  revenue  merely, 
and  upon  articles  in  no  degree  suspected  of  being 
objects  of  pidtection.  The  whole  revenue  sys- 
tem of  the  United  States,  in  South  Carolina,  is 
obstructed  and  overthrown ;  and  the  govern- 
ment is  absolutely  prohibited  from  collecting 
any  part  of  the  public  revenue  within  the  limita 
of  that  State.  Ilencefortli,  not  only  the  citizens 
of  South  Carolina  and  of  the  Unite'*  "States,  but 
the  subjects  of  foreign  ftates,  may  .<iiport  any 
description  or  quantity  of  merchandise  into  the 
ports  of  South  Carolina,  without  the  payment 
of  any  duty  whatsoever.  That  State  is  thus  re- 
lieved from  the  payment  of  any  part  of  the  pub- 
lic burdens,  and  duties  and  imposts  are  not  only 
rendered  not  uniform  throughout  the  United 
States,  but  a  direct  and  ruinous  preference  is 
given  to  the  ports  of  that  State  over  those  of  all 
the  other  States  of  the  Union,  in  manifest  viola- 
tion of  the  positive  provisions  of  the  constitution. 

"  In  point  of  duration,  also,  those  aggressions 
upon  the  autliority  of  Congress,  which,  by  tho 
ordinance,  are  made  part  of  the  fundamental  law 
of  South  Carolina,  are  absolute,  indefinite,  and 
without  limitation.  They  neither  prescribe  tho 
period  when  they  shall  cease,  nor  indicate  any 
conditions  upon  which  those  who  have  thus  un- 
dertaken to  arrest  t!ie  operation  of  the  laws  are 
to  retjare  their  steps,  and  rescind  their  measures. 
They  offer  to  the  United  States  no  alternative 
but  unconditional  submission.  If  the  scope  of 
the  ordinance  is  to  be  receivetl  as  the  .scale  of 
concession,  their  demands  can  lie  satisfied  only 
by  a  repeal  of  the  whole  system  of  revenue  law^s, 
and  by  abstaining  from  the  collection  of  any 
duties  or  imposts  whatsoever. 

"  liy  these  various  proceedings,  therefore,  the 
State  of  South  Carolina  has  forced  the  general 
government,  unavoidably,  to  decide  the  new 
and  dangerous  alternative  of  permitting  a  State 
to  obstruct  the  execution  of  the  laws  within  its 
limits,  or  seeing  it  attempt  to  execute  a  threat. 


r^'^C- 


306 


THIRTY  YEARS'  VIKW. 


of  wiflidriuviiijr  fioiii  flic  I'liion.  TImt  portion 
of  tin'  |icn|il('  ii(  |in";i'iif  i'.\i  rci>iinr  llu>  milliority 
of  till'  Stiitc,  soii'iiiiily  assiit  llicir  ri>rlit  (o  ilo 
fiflicr,  niKJ  MS  .Koli'innly  aimoimcf  tlnir  di'turiiii- 
nntioii  to  i|o  otic  or  t!ii'  utlur. 

"Ill  iiiv  ii|iiniciii,  Itoth  |Hir|ios('s  niv  to  lie  ri'- 
par.icil  IIS  rcvoliitioiiiirv  in  llicir  oliaractcv  and 
tondnicv .  :iM(!  ^iil>\crsivc  of  llic  finprcniacy  of 
tlic  law-i  :iii(|  of  flic  iiifcfirify  of  flic  I'liion. 
Tiic  rcsiili  of  cacli  is  tlic  same  ;  Hinco  n  Stafc  in 
wliicli,  l)v  a  iHurpation  of  power,  the  conHtitii- 
tional  aiilliority  of  the  federal  government  in 
0|>ciily  (Iclicd  and  set  aside,  wants  only  tlie 
form  to  he  independent  of  the  Tnioii. 

"The  ripht  of  the  people  of  n  ninjile  State  to 
absolve  llieiiisclvcs  at  will,  and  without  the 
consent  of  the  other  States,  from  flieir  most 
Bolemn  olili;;ations,  and  hazard  the  liberties  and 
happiness  of  the  millions  composing  this  I'nion, 
cannot  be  ncknowlcdfred.  Such  authority  is 
believed  to  bi-  lift  rly  repiij;imnt  both  to  the 
principles  npoii  which  the  general  government 
IS  con  -titiited,  and  to  the  objects  which  it  is  ex- 
pressly formed  to  attain. 

"Against  all  acts  which  may  be  alleged  to 
transcend  the  constitutional  power  of  the  gov- 
ernment, or  w  liicli  may  be  inconvenient  or  op- 
pressive in  their  operation,  the  constitution  it- 
self has  prescribed  the  modes  of  reilress.  It  is 
the  acknowledged  attribute  of  free  institutions, 
that,  uinlcr  them,  the  cmpiR'  of  reason  and  law 
is  substituted  for  t!ie  jiower  of  the  sword.  To 
no  other  souive  can  appeals  for  supposed  wrongs 
be  made,  consistently  with  the  obligations  of 
South  Carolina  ;  to  no  other  can  such  apjKvils 
bo  made  with  safity  at  any  time  ;  and  to  their 
decisions,  when  ciuistitutionally  pronounced,  it 
becomes  the  duty,  no  less  of  the  public  authori- 
ties than  of  the  people,  in  every  case  to  yield  a 
patriotic  submission. 

"  In  deciding  upon  the  course  which  a  high 
sense  of  duty  to  all  the  people  of  the  United 
St^ites  imposes  upon  the  authorities  of  the 
Union,  in  this  emergency,  it  cannot  be  ovor- 
looked  that  there  is  no  sutlicient  cause  for  the 
acts  of  South  Carolina,  or  for  her  thus  placing 
In  jeopardy  the  happiness  of  so  many  millions  of 
people.  Misrule  and  oppression,  to  warrant 
die  disruption  of  the  frev  institutions  of  the 
Cnion  of  these  States,  six  uld  be  great  and  last- 
ing, defying  nil  other  rcr,iedy.  For  causes  of 
minor  character,  the  government  could  not  sub- 
mit to  such  a  catastroj)he  without  a  violation  of 
its  most  sacred  obligations  to  tlie  other  States 
of  the  Union  who  have  submitted  their  destiny 
to  its  hands. 

'"There  is.  in  the  prc.^-ent  instance,  no  such 
cause,  either  in  the  degree  of  misrule  or  oppres- 
sion complained  of,  or  iu  tlic  l,ojxMessness  of  re- 
dress by  constitutional  means.  The  long  sanc- 
tion they  have  received  from  the  proper  author- 
ities, and  from  the  people,  not  less  than  the  un- 
exampled growth  and  increasing  prosperity  of 
so  man}-  millions  of  freemen,  attest  that  no 
such  oppression  as  would  justify  or  even  palliate 


such  a  resort,  can  be  justly  imputed  either  to 
the  preseiii  policy  or  past  measure.s  «)f  the  fede- 
ral govemniciit.  The  same  mode  of  colli>ctinp 
duties,  and  fm'  the  same  general  objectw,  whien 
licgan  with  the  fomidation  of  the  goverrrnrnt, 
and  which  has  condiicfcfl  the  country,  through 
its  subsccpieiif  steps,  fo  its  jireseiit  t'nviablecon 
ditioii  of  hap|iincss  and  ivnown,  liaH  not  been 
changed.  Ta.xation  and  representation,  the 
givat  principle  of  the  American  Hevohition,  have 
continually  gone  hand  in  band ;  and  at  all  times, 
and  in  every  instance,  no  tax,  of  any  kind,  has 
been  imposed  without  their  participation;  and 
in  some  instances,  which  have  been  coinplained 
of,  with  the  express  as.sent  of  a  part  of  the  rep- 
resentatives of  South  Carolina  in  the  councils 
of  the  government.  I'p  to  the  present  jieriod, 
no  revenue  has  been  raised  beyond  the  necessa 
ry  wants  of  the  country,  and  the  authorized  ex- 
penditures of  the  government.  And  as  soon  as 
the  burden  of  tlio  public  debt  is  removed,  those 
charged  with  the  administration  have  pronijifly 
recommended  a  corresponding  reduction  of  rev- 
enue. 

"That  this  system,  thus  piuflue*!, has  resulted 
in  im  such  oppressiotj  upon  South  Carolina, 
needs  no  olhei'  proof  than  the  solemn  andofliciii! 
declaration  of  the  late  Chief  ^lagistiiite  of  that 
State,  in  his  address  to  the  legislature.  In  that 
he  says,  that  '  the  occurrt'uces  of  the  past  year. 
in  connection  with  our  domestic  concerns,  uiv 
to  be  reviewed  w  ith  a  sentiment  of  fervent  gra- 
titude to  the  (Ireat  Disposer  (»f  human  events; 
that  tributes  of  grateful  acknowledgment  ari> 
due  for  the  various  and  mtdtiplied  blessinirs  ho 
has  been  pleased  to  bestow  on  our  jn'ople ;  that 
abundant  harvests,  in  every  quarter  t)f  the  State, 
have  cmwned  the  exertions  of  agricultural  labor ; 
that  health,  almost  beyond  Conner  precedent, 
has  bles.sed  our  homes ;  and  that  there  is  not 
less  reason  for  thankfidness  in  surveying  our 
social  condition.'  I  mid,  indeed,  be  difficult 
to  imagine  oppres.Mon  where,  in  the  social  con- 
dition of  a  peojile,  there  was  equal  cau.se  of 
thankfulness  as  for  abmidant  harvest.'',  and  varied 
and  multiplieil  blessings  with  which  a  kind  Pro- 
vidence had  favored  them. 

"  Independently  of  these  considerations,  it  will 
not  escape  ob.scrvation  that  South  Carolina  still 
claims  to  be  a  component  part  of  the  Union,  to 
participate  in  the  national  councils,  and  to  share 
in  the  public  benefits,  without  contributing  to 
the  public  burdens;  thus  asserting  the  danger- 
ous anomaly  of  continuing  in  an  association 
without  acknowledging  any  other  obligation  to 
its  laws  than  what  depends  upon  her  own  will. 

"  In  this  posture  of  afl'airs,  the  duty  of  the 
goveinment  seems  to  be  plain.  It  inculcates  a 
recognition  of  that  State  as  a  member  of  tlie 
Union,  and  subject  to  its  authorit)' ;  a  vindica- 
tion of  the  just  power  of  the  constitution  ;  tbe 
preservation  of  the  integrity  of  the  Union ;  ami 
the  execution  of  the  laws  by  all  constitutional 
means. 

"  The  constitution,  whicli  bi6  oath  of  offi« 


ANNO  1h;iS.     ANDUKW  JACKSON,  PRFJ^IDKNT. 


307 


imi((\ti>(l  fit^T  to 

inntU'  of  coJU-ctine 
•ral  (lUji'otK,  wl»H'l> 
,f  tlic  poviTrmciit, 
.  roiintry,  throuiih 
csi'iit  I'nvinbic  con 

i.wn.  hn«  ""<•  ''•■•'" 
ptniTScntiition,  the 
im  lU'Vt)l"tion,havi! 
Ill ;  niul  at  uU  tiiiicx, 
IX.  of  nny  kind,  has 
•  imrticipntUm ;  and 
vo  U'cw  coin|»liuiu(l 
,f  n  imrt  of  l»»t«  ri])- 
Viiia  in  tho  ('(mncils 
the  iirt'ccnt  iwriod. 
luvonil  tho  m'cosca- 
,1  tho  luithorizod  cx- 
.nt.    And  uk  noon  as 
"lit  is  ri'tnovi'd,  tl\osc 
ntion  have  iiromittly 
ing  Induction  of  rtv- 

pin  MU'd.  hnB  ri-suUe<l 
p'on  South    ^-'i'voli')"; 

till' .'oloni"  •*"'''*"'*'"" 
iof  Ma}ristn>te  of  Hint 
I.  U'^islatm-o.  In  that 
Mii-i's  of  the  raf«l  year, 
lomostic  cont'oru!*.  «iv 
.tiuKHt  of  forvont  p-a- 
wiT  of  hmnan  ovcntf ; 

mUnowU'dtiniont  arc 
uultirlii'd  l.U>ssim:s  he 
rt-ononr  iH<opU>;  that 
,.V(iuartori.f  the  State. 
V'of  aiiricultural  hil»or ; 
31,(1  fonner  precedent. 

and  that  there  is  not 
Ik-s^s  in  surveying  our 

lid,  indeed,  be  difficult 
lore,  in  the  social  con- 

L'  Avaa  eqiml  cause  ol 

Lt  harvests,  and  varied 

,vith  which  a  kind  Pro- 
le considerations,  it  wiU 
lilt  South  Carolina  still 
:  part  of  the  Union,  to 
,1  councils,  and  to  share 

ithout  contributini;  to 
s  asserting  the  danjicr- 
'iihiK  in  an  association 
any  other  obbpation  o 
nds  upon  her  own  ^^•.. 
'iflair8,the  duty  of  the 
plain.    It  inculcates  a 
as  a  member  ot  the 
IS  authority,  a  vi'wl'ff 
If  the  constitution  ;  tho 
Irityof  thcUnion-,/"' 
^vs  by  all  constitutional 

Licb  his  oath  of  offi« 


ijWiKOd  him  ♦,o  mipport.  declares  that  the  Kxecu- 
tive  ' shall  take  laro  tjial  the  laws  lie  fuithriiliy 
executed;'  anil,  in  pnividiii^  tlial  lie  shall,  iKHn 
time  to  time,  j^ivi-  to  ConjiiesH  iiifoiiiuitioti  of 
the  state  of  the  riiion,  and  reeoninieud  to  their 
cii!i>ideratioii  such  measures  uh  he  shall  .jud^e 
nei-essary  and  expedient,  iiii|H>si'H  (he  additional 
ohiipitioii  of  ivcDiiimeiidin;;  to  ('oiinn-ss  such 
more  '.'(lleieiit  jiruviwioii  for  exirutinn  the  laws 
lis  may,  from  ti  le  to  time,  he  found  re(|uisite. 

'•It  heiii^;  (Iiuk  shown  to  he  the  duty  of  (he 
Kxi'cutive  to  e.veciite  llie  law.s  by  all  eoiinlitu- 
tiiMial  meuiH,  >i,  remains  to  con.sider  the  extent 
of  those  alriMdy  at  his  disposal,  and  what  it  may 
he  proper  f-uther  to  provide. 

••  111  tli<>  instructions  of  the  Secretary  of  the 
Tn>asiiry  to  the  eolleetors  in  South  Carolina,  the 
jimvisions  and  re;;uIatioiis  made  by  the  act  <if 
]7!l'.>,  and  also  the  lines,  penalties,  and  forfeitures, 
for  tiieir  eiiloreenieiit,  are  particularly  detailed 
mid  explained.  It  may  be  well  apprehended, 
tiowever,  that  these  provisions  may  prove  inad- 
cijuate  to  meet  sueh  an  open,  powerful,  ornanizeil 
opiiosition  as  is  to  be  commenced  after  tlie  first 
(liiy  of  February  next. 

••  I'lider  these  circumstances,  and  the  provi- 
sions of  the  acts  of  South  Carolina,  the  execution 
of  the  laws  is  rendered  impracticable  even 
tliroupih  the  ordinary  judicial  tribunals  of  the 
(lilted  States.  There  would  certainly  be  fewer 
(lilllculties,  and  less  opportunity  of  actual  colli- 
sion between  the  oflicers  of  the  United  States 
Rud  of  the  State,  and  the  collection  of  the  revenue 
would  be  more  ed'ectually  .secured — if  indeed  it 
can  lie  done  in  any  other  way — by  placing  the 
custom-house  beyond  the  immediate  jKiwer  of 
tiie  county. 

"  For  this  purpose,  it  might  be  proper  to  pro- 
vide that  whenever,  by  any  unlawful  combination 
or  obstruction  in  any  State,  or  in  any  port,  it 
should  become  impracticable  faithfully  to  collect 
the  duties,  tlic  President  of  the  United  States 
should  be  authorized  to  alter  and  abolish  such 
of  the  districts  and  ports  of  entry  as  should  be 
necessary,  and  to  establish  the  custom-hou.se  at 
some  .secure  place  within  some  port  or  harbor 
of  such  State  ;  and,  in  such  ea.ses,  it  should  be 
the  duty  of  the  collector  to  reside  ut  such  place, 
mid  to  detain  all  vessels  and  cargoes  until  the 
duties  imposed  by  law  should  be  properly  se- 
cured or  paid  in  cash,  deducting  interest ;  that, 
in  such  cases  it  should  be  u.ihuvful  to  take  the 
vessel  and  cargo  from  the  custody  of  the  proper 
officer  of  the  customs,  unless  by  process  from 
the  ordinary  judicial  tribunals  of  the  United 
States ;  and  that,  in  case  of  an  attempt  otherwise 
to  take  the  property  by  a  force  too  great  to  be 
overcome  by  the  olHcers  of  the  customs,  it  should 
be  lawful  to  protect  tlu  possession  of  the  officers 
by  the  employment  of  the  land  and  naval  forces, 
and  militia,  under  provi.sions  similar  to  those 
authorized  by  the  11th  section  of  the  act  of  the 
ninth  of  January,  1809. 

"It  may,  therefore,  be  desirable  to  revive, 
with  some  modifications  better  adapted  to  the 


occasion,  the  Oth  seetifin  of  tlio  act  of  the  .^d  of 
.March,  IK  IT),  which  expired  on  thetthof  March. 
IHI7.  bv  the  limitation  of  that  of  the  l>7lh  of 
Aiiril,  IKI(i;  and  to  {irovide  that,  in  aiiv  caso 
wliere  suit  shall  lie  broii);ht  against  any  indivi- 
dual in  the  courts  of  the  Slate,  for  any  act  done 
under  the  laws  of  the  United  Stales,  he  should 
be  authorized  to  remove  tin-  naid  cause,  by  |)eti 
tion,  into  the  Cir(!uit  Court  of  the  United  States, 
without  any  copy  of  the  record,  and  that  the 
courts  should  proceed  to  hear  and  determine  the 
.same  as  if  it  had  been  originally  instilule<l 
theii'in.  And  that  in  all  cases  of  injuries  to  tho 
persons  or  jiroperty  of  in'lividuals  for  disolM-di- 
ence  to  the  ordinance,  and  laws  of  South  Carolina 
in  pursuance  thereof,  redress  may  be  sought  in 
the  coiirtd  of  the  tnited  States.  It  may  Imj 
expedient,  also,  by  modifying  the  resolution  of 
the  15(1  of  Marcli,  171M,  to  authorize  the  marshals 
to  make  the  necessary  jirovision  for  the  safa 
keeping  of  prisoners  committed  under  tho  au 
Ihority  of  the  United  States. 

"  Provisions  less  than  these,  consist  ini;,  as  they 
do,  for  the  most  part,  rather  of  a  revival  of 
the  iK)licy  of  former  acts  called  for  by  the  exist- 
ing emergency,  than  of  the  introduction  of  any 
unusual  or  rigorous  enactments,  would  notcau.so 
the  laws  of  the  Union  to  be  properly  resjiecled 
or  enforced.  It  is  believed  these  would  provo 
ade(juate,  unless  the  military  forces  of  the  Stato 
of  South  Carolina,  authorized  by  the  late  act  of 
the  legislature,  should  lie  actually  embodied  and 
called  out  in  aid  of  their  proceedings,  and  of  the 
provisions  of  the  ordinance  generally.  Even  in 
that  case,  however,  it  is  believed  that  no  more 
will  bo  necessary  than  a  few  modifications  of 
its  ternus,  to  adapt  the  act  of  1 795  to  the  present 
emergency,  as,  by  the  act,  the  provisions  of  tho 
law  of  1792  were  accommodated  to  the  crisis 
then  existing ;  and  by  conferring  authority  upon 
the  President  to  give  it  operation  during  the  .ses- 
sion of  Congress,  and  without  the  ceremony  of 
u  proclamation,  whenever  it  shall  be  officially 
made  known  to  him  by  the  authority  of  any 
State,  or  by  the  courts  of  the  United  States, 
that,  within  the  limits  of  such  State,  the  laws 
of  the  United  States  will  be  openly  opposed,  and 
their  execution  obstructed,  by  the  actual  em- 
ployment of  military  force,  or  by  any  unlawful 
means  whatsoever,  too  great  to  be  otherwise 
overcome. 

"  In  closing  this  communication,  I  should  do 
injustice  to  my  own  feelings  not  to  express  my 
confident  reliance  upon  the  disposition  of  each 
department  of  the  government  to  perform  its 
duty,  and  to  co-ojierate  in  all  measui-es  necessary 
in  the  present  emergency. 

"  The  crisis  undoubtedly  invokes  the  fidelity 
of  the  patriot  and  the  sagacity  oi  the  statesman, 
not  more  in  removing  such  portion  of  the  public 
burden  as  may  be  necessary,  than  in  preserving 
the  good  order  of  society,  and  in  the  mainte- 
nance of  well-regulated  liberty. 

"While  a  forbearing  spirit  may,  and  I  trust 
will  be  exercised  towards  the  errors  of  our 


308 


TIllRTT  YEARS'  VIEW. 


a  t 


/»/ 


r'« 


(*■! 


Bi' 

r 

i  !'     ■:•' 

1 

w 

1     "ill; 


brethren  in  a  particular  quarter,  duty  to  the  rest 
of  the  Union  demands  that  open  and  organized 
resistance  to  the  laws  should  not  be  executed 
with  impunity.*' 

Such  was  the  message  which  President  Jack- 
son sent  to  the  two  Houses,  in  relation  to  the 
South  Carolina  proceedings,  and  his  own  to 
counteract  them  ;  and  it  was  worthy  to  follow 
the  proclamation,  and  conceived  in  the  same 
spirit  of  justice  and  patriotism,  and,  therefore, 
wise  and  moderate.  He  knew  that  there  was  a 
deep  feeling  of  discontent  in  the  South,  founded 
in  a  conviction  that  the  federal  government  was 
working  disadvantageously  to  that  part  of  the 
Union  in  the  vital  points  of  the  levy,  and  the 
ex))«ndituro  of  the  federal  revenue ;  and  that  it 
wiis  upon  this  feeling  that  politicians  operated 
t)  produce  disaffection  to  the  Union.  That 
feeling  of  the  masses  he  knew  to  be  just  and 
reasonable,  and  removable  by  the  action  of 
Congress  in  removing  its  cause  ;  and  when  re- 
moved the  politicians  who  stirred  up  discontent 
for  ''''personal  and  ambitious  objects"  would 
become  harmless  for  want  of  followers,  or  man- 
ageable by  the  ordinary  process  of  law.  His 
proclamation,  his  message,  and  all  his  proceedings 
therefore  bore  a  two-fold  aspect — one  of  relief 
and  justice  in  reducing  the  revenue  to  the  wants 
of  the  government  in  the  economical  adminis- 
tration of  its  affairs ;  the  other  of  firm  and  mild 
authority  in  enforcing  the  laws  against  offenders. 
He  drew  no  line  between  the  honest  discontented 
masses,  wanting  only  relief  and  justice,  and  the 
ambitious  politicians  inflaming  this  discontent 
for  ulterior  and  personal  objects.  He  merely 
affirmed  the  existence  of  these  two  classes  of 
discontent,  leaving  to  every  one  to  classify  him- 
self by  his  conduct ;  and,  certain  that  the  honest 
discontents  were  the  mass,  and  only  wanted 
relief  from  a  real  grievance,  he  theretbre  pursued 
the  measures  necessary  to  extend  that  relief  while 
preparing  to  execute  t.'C  laws  upon  those  who 
shijuld  violate  them.  Bills  for  the  reduction  of 
the  tarifiT— one  commenced  in  the  Finance  Com- 
mittee of  the  Senate,  and  one  reported  from  the 
Committee  of  Ways  and  Means  of  the  House  of 
Representatives — and  both  moved  in  the  first 
days  of  the  session,  and  by  committees  politically 
and  personally  favorable  to  the  President,  went 
hand  in  hand  with  the  exhortations  in  the  pro- 
clamation and  the  steady  preparations  for  enforc- 


appcals  of  icason  ai:d  patriotism  should  prova 
insufficient.  Many  tht'igl't  that  he  ought  to 
relax  in  his  civil  measures  for  allaying  discontent 
while  South  Carolina  held  the  military  attitude 
of  armed  defiance  to  the  United  States — and 
among  them  Mr.  Quincy  Adams.  But  he  ad- 
hered steadily  to  his  purpose  of  going  on  with 
what  justice  required  for  the  relief  of  the  South, 
and  promoted,  by  all  the  means  in  his  power, 
the  success  of  the  bills  to  reduce  the  revenue, 
especially  the  bill  in  the  viouse;  and  which, 
being  framed  upon  that  of  181C  (which  had 
the  support  of  Mr.  Calhoun),  and  which  was 
(now  that  the  public  debt  was  paid),  sufficient 
both  for  revenue  and  the  incidental  protection 
which  manufactures  required,  and  for  the  relief 
of  the  South,  must  have  the  effect  of  satisfying 
every  honest  discontent,  and  of  exposing  and 
estopping  that  which  was  not. 


ing  the  lawa,  if  the  extension  of  justice  and  the    country,  since  the  late  war    and  stated  that-* 


CHAPTER   LXXXI. 

KED0CTION  OF  DUT1E3.-MI1.  VEKPLANK'8  BILL 

Reduction  of  duties  to  the  estimated  amoiiiit 
of  three  or  four  millions  of  dollars,  had  been 
provided  for  in  the  bill  of  the  preceding  session, 
passed  in  July,  1832,  to  take  effect  on  the  4th 
of  March,  ensuing.  The  amount  of  reduction 
was  not  such  as  the  state  of  the  finances  ad- 
mitted, or  the  voice  of  the  country  demanded, 
but  was  a  step  in  the  right  direction,  and  a  good 
one,  considering  that  the  protective  policy  was 
still  dominant  in  Congress,  and  on  trial,  as  it 
were,  for  its  life,  before  the  people,  as  one  of  tlu 
issues  of  the  presidential  election.  That  elec- 
tion was  over ;  the  issue  had  been  tried ;  had 
been  found  against  the  "  American  hystera,"  and 
with  this  finding,  a  further  and  larger  reduction 
of  duties  was  expected.  The  President  had  re- 
commended it,  in  his  animal  message  ;  and  tiii' 
recommendation,  being  referred  to  the  Commit- 
tee of  Ways  and  Means,  quickly  produwd  a  bill. 
known  as  Mr.  Verplank's,  because  reported  lij 
the  member  of  that  name.  It  was  taken  up 
promptly  by  the  House,  and  received  a  very  per- 
spicuous explanation  from  the  reporter,  wlm 
gave  a  brief  view  of  the  financial  history  of  the 


ANNO  1883.    ANDREW  JACKSON,  PRESIDENT. 


309 


should  pro4,j 
he  ought  to 
ing  discontent 
litary  attitude 
1  States— and 
.    But  he  ad- 
going  on  with 
if  of  the  South, 
i  in  his  power, 
;c  the  revenue, 
b;  and  which, 
C   (which  had 
ind  which  was 
paid),  sufficient 
ental  protection 
nd  for  the  relief 
ect  of  satisfying 
of  exposing  and 


XXXI. 

VEUPLANi^"8  BIU, 

estimated  amouut 
dollars,  had  been 
preceding  session, 
,  effect  on  the  4th 
lount  of  reductioB 
of  the  finances  ad- 
country  demanded, 
liroction,  and  a  good 
jotective  policy  was 
and  on  trial,  as  it 
;ople,asoncoftk 
lection.    That  eke- 
Ad  been  tried;  had 
ferican  system,"  and 
Ind  larger  reduction 
Ic  President  had  re- 
[l  message  ;  and  the 
pred  to  the  Conmiit- 
:k)y  produced  a  bill 
Because  reported  i>y 
It  was  taken  "P 
received  a  very  F^ 
the  reporter,  who 
lancial  history  of  the 

and  stated  that- 


"  During  the  la.«t  .«ix  years,  an  annual  average 
income  of  27,000,000  of  dollars  had  been  re- 
ceived ;  the  far  greater  part  from  the  customs. 
That  tills  sum  had  been  appropriated,  the  one 
half  towards  the  necessary  expenses  of  the  go- 
rernment,  and  tlic  other  half  in  the  payment  of 
the  public  debt.    In  reviewing  the  regular  calls 
upon  the  treasury,  during  the  last  seven  years, 
for  the  civil,  naval,  and  military  departments  of 
the  government,  including  all  ordinary  contin- 
gencies, about  13,000,000  of  dollars  a  year  had 
been  expended.     The  amount  of  13,000,000  of 
dollars  would  Fcem,  eveti  now,  sufficient  to  cover 
tlie  standing  nca-ssaiy  expenses  of  government. 
A  long  delayed  debt  of  public  justice,  for  he 
would  not  call  it  bounty,  to  the  soldiers  of  the 
lU'vchition,  had  added,  for  the  present,  .^ince  it 
could  be  but  for  a  few  j'ears  only,  an  additional 
annual  million.     Fourteen  millions  of  dollars 
then  covered  the  necessary  expenditures  of  our 
government.    But,  however  rigid  and  economi- 
cal we  ought  to  be  in  actual  expenditures,  in 
providing  the  pources  of  the  revenue,  which 
niifiht  Iw  called  upon  for  unforeseen  contingen- 
cies, it  was  wise  to  arrange  it  on  a  liberal  scale. 
This  would  be  done  by  allowing  an  additional 
million,  which  would  cover,  not  only  extra  ex- 
ponses  in  time  of  peace,  but  meet  those  of 
Indian  warfare,  if  such  should  arise,  as  well  as 
thosii  of  increased  naval  expenditure,  from  tem- 
[loiary  collisions  with  foreign  powers,  short  of 
permanent  warfare.    We  are  not,  therefore,  jus- 
tifiable in  ra'~ing  more  than  15,000,000  dollars 
a3  a  permanent  revenue.    In  other  words,  at 
least  13,000,000  dollars  of  the  revenue  that 
would  have  been  collected,  under  the  tariff  sys- 
tem of  1828,  may  now  be  dispensed  with ;  and, 
in  yeard  of  great  importation,  a  much  larger 
sum.    The  act  of  last  summer  removed  a  large 
po'tion  of  this  excess ;  yet,  taking  the  importa- 
tion of  the  last  year  as  a  standard,  the  revenues 
derived  from  that  source,  if  calculated  according 
to  the  act  of  1832,  would  produce  19,500,000, 
and,  with  the  other  sources  of  revenue,  an  in- 
come of  22,000,000  dollars.    This  is,  at  least^ 
seven  millions  above  the  wants  of  the  treasury." 

This  was  a  very  satisfactory  statement.  The 
public  debt  paid  off;  thirteen  millions  (the  one 
half)  of  our  revenue  rendered  unnecessary  ;  its 
reduction  provided  fi3r  in  the  bill ;  and  the  tariff 
or  duties  by  that  reduction  brought  down  to  the 
standard  subtantially  of  1816.  It  was  carrying 
hack  the  protective  sj'stem  to  the  year  of  its 
commencement,  a  little  increased  in  some  parti- 
culars, as  in  the  article  of  iron,  but  more  than 
compensatea  for,  in  this  increase,  in  the  total 
abolition  of  the  minimuma,  or  abritrary  valua- 
tions—first introduced  into  that  act,  and  after- 
wards greatly  extended— by  which  goods  costir}, 
below  a  certain  sum  were  to  be  assumed  to  have 


cost  that  sum,  and  rated  for  duty  accordingly. 
Such  a  bill,  in  the  judgment  of  the  practical  and 
experienced  legislator  (Generp!  Smith,  of  Mary- 
land, himself  a  friend  lo  the  mnaufacturing  in- 
terest), was  entirely  suffic'nnl  for  the  manufac- 
turer— the  man  engaged  in  the  business,  and  un- 
derstanding it — though  not  sufficient  for    ho 
capitalists  who  turned  their  money  into  that 
channel,  under  the  stimulus  of  legislative  pro- 
tection, and  lacked  skill  and  care  to  conduct  their 
enterprise  with  the  economy  which  gives  legiti- 
mate profit ;  and  to  such  real  manufacturers,  it 
was  bound  to  be  satisfactory.    To  the  great  op- 
ponents of  the  tariff  (the  South  Carolina  school), 
it  was  also  bound  to  be  satisfactory,  as  it  carried 
back  the  whole  system  of  duties  to  the  standard 
at  which  that  school  hac'  tixed  them,  with  the 
great  amelioration  of  the  total  abolition  of  the 
arbritrary  and  injurious  minimums.     The  bill, 
then,  seemed  boimd  to  conciliate  every  fair  inte- 
rest:  the  government,  because  it  gave  all  the 
revenue  it  needed ;  the  real  manufacturers,  be- 
cause it  gave  them  an  adequate  incidental  pro 
tection ;  the  South,  because  it  gave  them  their 
own  bill,  and  that  ameliorated.    A  prompt  pa.s- 
sage  of  the  bill  might  have  been  expected ;  on 
the  contrary,  it  lingered  in  the  House,  under  in- 
terminable debates  on  systems  and  theories,  in 
which  ominous  signs  of  conjunction  were  seen 
between  the  two  extremes  which  had  been  1  tely 
pitted  against  each  other,  for  and  against  the 
protective  system.    The  immediate  friends  of 
the  administration  seemed  to  be  the  only  ones 
hearty  in  the  support  of  the  bill ;  but  they  were 
no  match,  in  numbers,  for  those  who  acted  in 
concert  against  it — spinning  out  the  time  in  ste- 
rile and  vagvnnt  debate.     The  25th  of  February 
had  arrived,  and  found  the  bill  stir  afloat  upon 
the  wordy  sea  of  stormy  debate,  when,  all  of  a 
sudden,  it  was  arrested,  knocked  over,  run  un- 
der, and  merged  and  lost  in  a  new  one  which 
expunged  the  old  one  and  tu>  c  its  place.   It  was 
late  in  the  afternoon  of  that  day  (Monday,  the 
25th  of  February),  and  within  a  week  of  the 
end  of  the  Congress,  when  Mr.  Letcher,  of  Ken- 
tucky, the  fast  friend  of  Mr.  Clay,  rose  in  his 
place,  and  moved  to  strike  out  the  whole  Ver- 
plank  bill — every  word,   except  the   enacting 
clause — and  insert,  in  lieu  of  it,  a  bill  offered  in 
the  Senate  by  Mr.  (  ay,  since  called  the  "com- 
promise," and  which  lingered  at  the  door  of  the 
Senate,  upon  a  question  of  leave  for  its  admit* 


2 


310 


THIRTY  YEARS'  VIEW. 


■  I  <  . 


tance,  and  opposition  to  its  entrance  there,  on 
account  of  its  revenue  character.  This  was  of- 
fered in  the  House,  without  notice,  without  sig- 
nal, without  premonitory  symptom,  and  just  as 
the  members  were  preparing  to  adjourn.  Some 
were  taken  by  surprise,  and  looked  about  in 
amazement ;  but  the  majority  showed  conscious- 
ness, and,  what  was  more,  readiness  for  action. 
The  Northern  members,  from  the  great  manu- 
facturing States,  were  nstounded,  and  asked  for 
delay,  which,  not  being  granted,  Mr.  John  Davis, 
of  Massachusetts,  one  of  their  number,  thus 
gave  vent  to  his  amazed  feelings  : 

"He  was  greatly  surprised  at  the  sudden 
movement  made  in  this  House.  One  short  hour 
ago,  said  he,  we  were  collecting  our  papers,  and 
putting  on  our  outside  garments  to  go  home, 
when  the  gentleman  from  Kentucky  rose,  and 
proposed  to  send  this  bill  to  a  Committee  of  the 
Whole  on  the  state  of  the  Union,  with  instruc- 
tions to  strike  it  all  out,  and  insert,  by  way  of 
amendment,  an  entire  new  bill,  formed  upon 
entirely  different  principles;  yes,  to  insert,  I 
believe,  the  bill  which  the  Senate  now  have  un- 
der consideration.  This  motion  was  carried; 
the  business  has  passed  through  the  hands  of  the 
committee,  is  now  in  the  House,  and  there  is  a 
cry  of  question,  question,  around  me,  upon  the 
engrossment  of  the  bill.  Who  that  was  not  a 
party  to  I'Js  arrangement,  could  one  hour  ago 
have  credited  this  ?  We  have,  I  believe,  been 
laboriously  engaged  for  eight  weeks  upon  this 
topic,  discussing  and  amending  the  bill  which 
has  been  before  the  House.  Such  obstacles  and 
difficulties  have  been  met  at  every  move,  that, 
I  believe,  very  little  hope  has  of  late  been  enter- 
tained of  th*^  passage  of  any  bill.  But  a  gleam 
of  light  has  suddenly  burst  upon  us ;  those  that 
groped  in  the  dark  seemed  suddenly  to  see  their 
course;  those  that  halted,  doubted,  hesitated, 
are  in  a  moment  made  firm ;  and  even  some  of 
those  that  have  made  an  immediate  abandonment 
of  the  protective  system  a  sine  qua  non  of  their 
approbation  of  any  legislation,  .seem  almost  to 
favor  this  measure.  I  am  obliged  to  acknowl- 
edge that  gentleman  have  sprung  the  proposition 
upon  us  at  a  moment  when  I  did  not  expect 
it.  And  as  the  measure  is  one  of  great  interest 
to  the  people  of  the  United  States,  I  must,  even 
at  this  late  hour,  when  I  know  the  House  is 
both  hungry  and  impatient,  and  when  I  per- 
ceive distinctly  it  is  their  pleasure  to  vote 
rather  than  debate,  beg  their  indulgence  for  a 
few  minutes  while  1  state  some  of  the  reasons 
which  impose  on  me  the  <luty  of  opposing  the 
passage  of  this  act.  [Cries  from  different 
parts  of  the  House,  'go  on,  go  on,  we  will 
hear.'] 

"Mr.  Speaker,  T  do  not  approve  of  hasty 
legislation  under  an}-  circumstances,  but  it  1;^ 
especially  to  be  deprecated  in  matters  of  great  im- 


portance. That  this  is  a  measure  of  great  import- 
ance, affecting,  more  or  less,  the  entiro  popula- 
tion of  the  United  States,  will  not  be  denied, 
and  ou^iit,  therefore,  to  be  matured  with  care, 
and  V,  ell  understood  by  every  gentleman  who 
votes  upon  it.  And  yet,  sir,  a  copy  has,  for  tlio 
first  time,  been  laid  upon  our  tables,  since  I 
rose  to  address  you ;  and  this  is  the  first  oppor- 
tunity we  have  had  even  to  read  it.  I  hop« 
others  feel  well  prepared  to  act  in  this  precipi- 
tate matter ;  but  I  am  obliged  to  acknowledge 
I  do  not ;  for  I  hold  e  .'en  the  best  of  intentions 
will  not,  in  legislation,  excuse  the  eri'ors  of 
haste. 

"  I  am  aware  that  this  measure  assumes  an 
imposing  attitude.  It  is  called  a  bill  of  com- 
promise ;  a  measure  of  harmony,  of  conciliation ; 
a  measure  to  heal  disaffection,  and  to  save 
the  Union.  Sir,  I  am  aware  of  the  imposing 
effect  of  these  bland  titles;  men  love  to  be 
thought  generous,  noble,  magnanimous;  but 
they  ought  to  be  equally  anxious  to  acquire  the 
reputation  of  being  just.  While  they  are 
iflxions  to  compose  diflBculties  in  one  direction. 
I  entreat  them  not  to  oppress  and  wrong  the 
people  in  another.  In  their  efforts  to  save  the 
Union,  I  hope  their  zeal  will  not  go  so  far  as  to 
create  stronger  and  better-founded  discontents 
than  those  they  compose.  Peacemakers,  media- 
tors, men  who  allay  excitements,  and  tran- 
quillize public  feeling,  should,  above  all  conside- 
rations, study  to  do  it  by  means  not  oflensivj 
to  the  contending  parties,  by  means  which  will 
not  inflict  a  deeper  wound  than  the  one  whici 
is  healed.  Sir,  what  is  demanded  by  those  thai 
threaten  the  integrity  of  the  Union  i  An  aban- 
donment of  the  American  system;  a  formal 
renunciation  of  the  right  to  protect  Anerican 
industry.  This  is  the  language  of  the  nullifica- 
tion corivention ;  they  declare  they  regard  the 
abandonment  of  the  principle  as  vastly  more 
important  than  any  other  matter ;  they  look  to 
that,  and  not  to  an  abatement  of  duties  without 
it;  and  the  gentleman  from  South  Carolina 
[Mr.  Davis],  with  his  usual  frankness,  told  us 
this  morning  it  was  not  a  question  of  dollars 
and  cents ;  the  money  they  regarded  not,  but 
they  required  a  change  of  policy. 

"  This  is  a  bill  to  tranquillize  feeling,  to  har- 
monize jarring  opinions ;  it  is  oil  poured  into 
inflamed  wounds ;  it  is  to  definitively  settle  the 
matters  of  complaint.  What  a.ssurance  have  we 
of  that  ?  Have  those  who  threatened  the  Union 
accepted  it  ?  Has  any  one  here  risen  in  his 
place,  and  announced  his  satisfaction  and  his  de- 
termination to  abide  by  it  ?  Not  a  word  has 
been  uttered,  nor  any  sign  or  assurance  of  satis- 
faction given.  Suppose  they  should  vote  for  tiie 
bill,  what  then  ?  They  voted  for  the  bill  of  July 
last,  and  that  was  a  bill  passed  expresslj'  to  save 
the  Union  ;  but  did  they  not  flout  at  it?  l^id 
they  not  spurn  it  with  contempt  ?  And  did  not 
South  Cr.rolina,  in  derision  of  that  coniprouiia'. 
nullify  the  law?  This  is  a  practical  illiistratioi) 
of  the  exercise  of  a  philanthropic  spirit  of  con- 


ANNO  1833.    ANDREW  JACKSON,  PRESIDENT. 


311 


re  of  great  import- 
[he  entiro  popula- 
ill  not  be  denied, 
latured  with  care, 
•y  gentleman  who 
a  copy  has,  for  tho 
3ur  tables,  since  I 
5  is  the  first  oppor- 
3  read  it.    I  hop« 
act  in  this  precipi- 
ed  to  acknowledgo 
e  best  of  intentions 
;use  the  en-ors  of 

leasure  assumes  an 
died  a  bill  of  com- 
lony,  of  conciliation; 
-ction,  and  to  save 
ire  of  the  imposing 
IS ;  men  love   to  be 
magnanimous;   but 
nxious  to  acquire  the 
;.     "While  they  are 
ties  in  one  direction, 
press  and  wrong  the 
■ir  efforts  to  save  the 
ill  not  go  so  far  as  to 
r-founded  discontents 
Peacemakers,  media- 
citements,  and  tran- 
uld  above  all  conside- 
y  means  not  oil'ensivt 
by  means  which  will 
I  than  the  one  whid 
mandod  by  those  thai 
he  Union  7     An  aim- 
,  system;   a  formal 
I,  to  protect  Ariericaii 
iRuage  of  the  nuliifica- 
iclare  they  regard  the 
nciple  as  vastly  more 
•  matter;  they  look  to 
nent  of  duties  without 
from  South  Carolina 
ual  frankness,  told  us 
a  question  of  dollars 
hey  regarded  not,  but 

f  policy.  ^   , 

iquillize  feeling,  to  liar- 
'  it  is  oil  poured  into 
-u  definitively  settle  the 
l^hat  assurance  have  we 
,0  threatened  the  Uniou 

one  here  risen  m  his 
satisfaction  and  his  lic- 
it ?    Not  a  word  has 
en  or  assurance  of  satis- 
they  should  vot«f«_;r  the 
rotedforthc  bill  of  July 
.assed  expressly  to  «ive 
ynot  tloutatit?    D>< 
ont^mpt?     And  did  not 
on  of  that  comprouuse, 
La  practical  illustration 
anthropic  spirit  of  coft 


dcscension  to  save  the  Union.  Your  folly  and 
^  our  imbecility  was  treated  as  a  jest.  It  has 
already  been  said  that  this  law  will  be  no  more 
binding  than  any  other,  and  may  be  altered  and 
modified  at  pleasure  by  any  subsequent  legisla- 
ture. In  what  sense  then  is  it  a  compromise  ? 
Does  not  a  compromise  imply  an  adiustmcnt  on 
terms  of  agreement  ?  Suppose,  the  ^  that  South 
Carolina  should  abide  by  the  com;  i'omise  while 
she  supposes  it  beneficial  to  the  tariff"  States,  and 
injurious  to  her;  and  when  that  period  shall 
close,  the  friends  of  protection  shall  then  pro- 
pose to  re-establish  the  system.  What  honor- 
able man,  who  votes  for  this  bill,  could  sustain 
such  a  measure  ?  Would  not  South  Carolina 
say,  you  have  no  right  to  change  this  law,  it  was 
founded  on  compromise ;  you  have  had  the  bene- 
fit of  your  side  of  the  bargains,  and  now  I  de- 
mand mine  ?  Who  could  answer  such  a  declara- 
tion? If,  under  such  circumstances,  you  were 
to  proceed  to  abolish  the  law,  would  not  South 
Carolina  have  much  m  yie  just  cause  of  complaiut 
and  disaffectioii  than  she  now  has  ? 

"  It  has  been  said,  we  ought  to  legislate  now, 
because  the  next  Congress  will  be  hostile  to  the 
tariff.  I  am  aware  that  such  a  sentiment  has 
been  industriously  circulated,  and  we  have  been 
exhorted  to  esca[)e  from  the  hands  of  that  body 
as  from  a  lion.  But,  sir,  who  knows  the  senti- 
ments of  that  body  on  this  question  ?  Do  you, 
or  does  any  one,  possess  any  information  which 
justifies  him  in  asserting  that  it  is  more  unfriend- 
ly than  this  House  ?  There  is,  in  my  opinion, 
little  known  about  this  matter.  But  suppose 
the  members  shall  prove  as  ferocious  towards 
the  tariff"  as  those  who  profess  to  know  their 
opinions  represent,  will  the  passage  of  this  bill 
stop  their  action  ?  Can  you  tie  their  hands  ? 
Give  what  pledges  you  please,  make  what  bar- 
gains you  may,  and  that  body  will  act  its  plea- 
sure without  respecting  them.  If  you  fall  short 
of  their  wishes  in  warring  upon  the  tarifij  they 
will  not  stay  their  hand ;  but  all  attempts  to 
limit  their  power  by  abiding  conij.romises,  will 
be  considered  by  them  as  a  stimulus  to  act  up- 
(u  the  subject,  that  they  may  manifest  their  dis- 
approbation. It  seems  to  me.  therefore,  that  if 
the  next  Congress  is  to  be  feared,  we  are  pur- 
suing the  right  course  to  rouse  their  jealousy, 
and  e.vci'e  them  to  action. 

"Mr.  Speaker,  I  rose  to  express  my  views  on 
this  very  important  question,  I  regret  to  say, 
without  the  slightest  preparation,  as  it  is  drawn 
before  us  at  a  very  unexpected  moment.  But, 
as  some  things  in  this  bill  are  at  variance  with 
the  principles  of  public  policy  which  I  have  uni- 
formly maintained,  I  could  not  sufi'er  it  to  pass 
into  a  law  without  stating  such  objections  as 
have  hastily  occurred  to  me. 

•'Let  me,  however,  before  sitting  down,  be  un- 
ikTstood  on  one  point.  1  do  not  object  to  a  rea- 
jonablc  adjustment  of  the  controversies  which 
ixist.  1  have  said  repeatedly  on  this  floor,  that 
1  would  go  for  a  gradual  reduction  on  protected 
irticlus;  but  it  must  be  very  gradual,  so  that  no 


violence  shall  be  done  to  business ;  for  all  re 
duction  is  necessarily  full  of  hazard.  My  objec- 
tions to  this  bill  are  not  so  much  ngamst  tho 
first  seven  years,  for  I  would  take  the  conse- 
quences of  that  experiment,  if  the  provisions  be- 
yond that  were  not  of  that  fatal  character  which 
will  at  once  stop  all  enterprise.  But  I  do  ob- 
ject to  a  compromise  which  destines  the  Ea.st 
for  the  altar.  No  victim,  in  my  judgement,  is 
required,  none  is  necessary ;  and  yet  you  pro- 
pose to  bind  us,  hand  and  foot,  to  pour  out  our 
blood  upon  the  altar,  and  sacrifice  us  as  a  burnt 
offering,  to  appease  the  unnatural  and  unfounded 
discontent  of  the  South  j  a  discontent,  I  fear, 
having  deeper  root  than  the  tariff,  and  will 
continue  when  ttiut  its  forgotten.  lam  far  from 
meaning  to  use  the  language  o^  menace,  when  1 
say  such  a  compromise  cannot  endure,  nor  can 
any  adjustment  endure,  which  disregards  the  in- 
terests, and  sports  with  the  rights  of  a  large 
portion  of  the  people  of  the  United  States.  It 
has  been  said  that  we  shall  never  reach  the  low- 
est point  of  reduction,  before  the  country  will 
become  satisfied  of  the  folly  of  the  experiment, 
and  will  restore  the  protective  policy ;  and  it 
seems  to  me  a  large  number  in  this  body  act 
under  the  influence  of  that  opinion.  But  I  cannot 
vote  down  my  principles,  oh  the  ground  that 
some  one  may  come  after  me  who  will  vote  them 
up." 

This  is  one  of  the  most  sensible  speeches  ever 
delivered  in  Congress ;  and,  for  the  side  on  which 
it  was  delivered,  perfect ;  containing  also  much 
that  was  valuable  to  the  other  side.  The  dan- 
gers of  hasty  legislation  are  well  adverted  to 
The  seductive  and  treacherous  nature  of  compro 
mise  legislation,  and  the  probable  fate  of  the  act 
of  legislation  then  so  called,  so  pointedly  foretold, 
was  only  writing  history  a  few  years  in  advance. 
The  foUy  of  attempting  to  bind  future  Conf^resscs 
by  extending  ordinary  laws  years  ahead,  with  a 
prohibition  to  touch  them,  was  also  a  judicious 
reflectioK,  soon  to  become  history ;  while  tho 
fear  expressed  that  South  Carolina  would  not  be 
satisfied  with  the  overthrow  of  the  protective 
policy — ^'' that  the  root  of  her  discontent  lay 
deeper  than  the  tariff,  and  woxdd  continue 
when  that  wae  forgotten  " — was  an  apprehen- 
sion felt  in  common  with  many  others,  and  to 
which  subsequent  events  gave  a  sad  realization. 
But  all  in  vain.  The  bill  which  mr.de  its  first 
appearance  in  the  House  late  in  the  evening, 
when  members  were  gathering  up  their  over- 
coats for  a  walk  home  to  their  dinners,  was  pass- 
ed before  those  coats  had  got  n  the  back ;  and 
the  dinner  which  was  waiting  had  but  little  time 
to  cool  before  the  astonished  members,  their 
work  done,  were  at  the  table  to  eat  it.    A  bill 


i.:'m 


iV  i 


312 


THIRTY  YFAUS'  VIKW. 


without  itn'ocdinl,  in  the  itiiiiuLs  of  our  U'gislii- 
tion,aiul  |iroti'ii(liii(;  to  liio  sanctity  of  a  com- 
promise, ant  I  to  Hcltle  (Xivnt  (niostioim  forever, 
wont  tl>ron{jh  to  its  consummiuion  in  the  fnij^- 
ment  of  tin  eveninj;  session,  williout  tiie  coniph- 
ance  with  any  form  which  e.\|»crience  and  jiar- 
liamvntary  hiw  have  ficvised  for  the  safety  of 
K'j^isiation.  Tliis  evasion  of  all  salutary  forms 
was  elfected  under  the  idea  of  an  amendment  to 
a  hill,  though  the  substitute  introduced  was  an 
entire  hill  in  itself,  no  wayaincndinj;  the  other, 
or  even  conneclin>!;  with  it,  hut  ruhhiu};;  it  all 
out  from  the  eimclin;;  clause,  and  suhstituting  a 
new  hill  entirely  foreign,  inconsistent,  and  in- 
congruous to  i(.  The  proceeding  was  a  gross 
pcrvci-sion  of  the  idea  of  an  amendment,  whicli 
always  imi)lies  an  improvement  and  not  a  de- 
struction of  the  hill  lo  lie  amended,  liut  there 
was  a  majority  in  waiting,  ready  to  consumnuito 
what  had  been  agreed  upon,  and  the  vote  was 
immediately  taKcii.  and  the  suhstitnle  passed — 
H)5  to  71  : — till'  mass  cf  the  manufacturing  in- 
ten-st  voting  against  it.  And  this  was  called  a 
"compromis","  a  species  of  arrangement  hereto- 
fore always  considered  as  founded  in  tl-.o  mutual 
coiiteut  « if  adversaries — an  agreement  hy  which 
contending  parl'cs  voluntarily  settle  disputes  or 
questions.  IJut  hero  one  of  the  parties  dissent- 
ed, or  rather  was  never  asked  for  assent,  nor 
had  any  knowledge  of  the  compromise  by  which 
they  were  to  he  bound,  until  it  was  revealed  to 
tlieir  vision,  and  executed  iipon  their  consciences, 
in  the  style  of  a  sur|)rise  from  a  vigilar.t  foe  up- 
on a  sleeping  advers,\ry.  To  call  this  a  '"  com- 
promise" was  to  make  sport  of  language — to 
hnrlesquo  misfortune — to  turn  force  into  stip- 
ulation—  and  to  confound  fraud  and  violence 
w"th  concession  and  contract.  It  was  hke  call- 
ing the  rajH;  of  the  Ilomans  upon  the  Sabine 
women,  a  marriage.  The  suddenness  of  the 
movement,  and  the  want  of  all  time  for  reflection 
or  concert — even  one  night  for  private  coiunm- 
nion — led  to  the  most  incongruous  association 
of  voters — to  such  u  mixtui-e  of  persons  and  par- 
ties as  had  never  been  seen  confounded  together 
before,  or  since :  and  the  n-ading  of  which  nnist 
be  a  puzzle  to  any  nuvn  actjuainted  with  the  po- 
litical actors  of  that  day,  the  unravelling  of 
which  would  set  at  dcfiaucu  both  his  knowledge 
and  his  ingenuity.  The  following  is  the  list — 
the  voters  with  Mr.  Clay,  headetl  by  Mr.  Jlark 
Alexander  of  Virginia,  one  of  hiix  stiflbst  oppon- 


ents: the  voters  against  him,  headed  hy  Mr.  Jolir 
Quincy  Adams,  for  eight  years  past  his  indis- 
.soluble  colleague  in  every  system  of  policy,  in 
every  measure  of  jiuhlic  conceni,  and  in  every 
enterpri.se  of  political  victory  or  defeat.  Here  is 
the  list! 

YicAs. — Messrs.  Mark  Alexander,  Chilton  Al- 
Ian,  Robert  Allen,  John  Anderson,  William  (J. 
Angel,  William  S.  Archer,  John  S,  harbour, 
Daniel  K.  Harriiiger,  James  ]iatcH,  John  Bell, 
John  T.  Bergen,  Laughlin  Bethunc,  James  Blair, 
•lohn  Blair,  Katlilf  Boon,  Joseph  Boiick,  Thcmiai 
T.  Bouldin,  John  Branch,  Henry  A.  BnllanI, 
Churchill  C.  Canibreleng,  John  Carr,  Jo.scph 
W.  Chimi,  Nathaniel  H.  Claiborne,  Clement  C. 
(May,  Augustin  S.  Clayton,  Richard  Coke,  jr., 
Ileniy  W.  (^(mnor,  Th»miaH  Corwin,  Uicliara 
t'oulter,  Robert  Craig,  William  Cn-ighton,  jr., 
Henry  Daniel,  Thomas  Davenport,  Warren  K. 
Davis,  I'lysses  F.  Doubleday,  Joseph  Drajwr, 
John  M.  Felder,  James  Fin<llay,  William  Fitz- 
gerald, Nathan  (laither,  John  (Jilnu.ro,  William 
F.  (iord(m,  Thomas  H.  Hall,  William  Hall,  Jo- 
seph iM.  Harper,  Alitert  C  Hawes.  Micajah  T. 
Hawkins,  Michael  Hoilman,  Cornelius  Holland, 
Henry  Horn,  Benjamin  C.  Howard,  Henry 
Hubbard,  William  W.  Irvin,  Jacob  V.  Isaacs, 
Leonard  Jarvis,  Daniel  Jenifer,  liichard  iM. 
Joimson.  Cave  Johnson,  Jo.seph  Johnstm,  Ed- 
ward Kavanagh,  John  Leeds  Kerr,  Henry  tl. 
Lamar,  fianet  V.  Lansing,  Joseph  Lecompt-o, 
Robert  I'.  Letcher.  Dixon  H.  Lewi.s.  Chitten- 
den l-you,  Samuel  W.  Mardis,  John  Y.  Mason, 
Thonuis  A.  Marshall,  Lewis  Maxwell,  Rnfu- 
^Iclntire,  James  McKa},  'J'homas  Newton,  Wil- 
liam T.  Nuckolls,  John  M.  Patt<m,  Franklin  E. 
I'hnnuier,  James  K.  Polk,  Abraham  Renclur. 
.John  .).  Roane,  Fivastus  Root,  Charles  S.  Sewall, 
William  B.  Shepard,  Augustine  H.  Shei)penl, 
Sanuiel  A.  Smith,  Isaac  Southard.  Jesse  Speight, 
John  S.  SpencL,  William  Stauberry,  James 
Standi'fer,  Francis  Thoma.s,  AYiley  Thompson, 
John  Thomson,  Christo|thei-  Tomjjkins,  IMiineas 
L.  Tracy,  Joseph  Yance.  (iulian  C.  Verplanck, 
Aaron  Ward,  (ieor^e  C.  Washington,  James  Jl. 
Wayne,  .lohn  W.  Weeks,  Elisha  Whittlesey, 
Campbell  P.  White,  Charles  A.  AV'ickhH'e,  John 
T.  H.  Worthington. 

Navs. — Messr.s.  John  Q.  Adams,  Heman  Al- 
len, Robert  Allison,  Nathan  Aj)pleton,  'ihonias 
D.    Arnold,    William    JJabcock,    John    Banks, 
Noyes  ]3arber,  Gamaliel  H.  Barstow,  Thoniw 
Chandler,   Bates    Cooke,   liichard   M,   Conpei 
Jo.seph  H.  ".'ane,  Thomas  H.  Crawford,  John 
Davis,  Charles  Dayan,  Henry  A.  S.  Dearlmrn, 
Harmar  Denny,  Lewis  Dewart,  John  Dickson, 
William  W.  Ellsworth,  Ceoi-ge  Evans,  Josliiiii 
Evans,  Edward  Everett,  Horace  Everett,  (leoi-j,'" 
(ireimell,  jr.,  Hiland  Hull,  William  Heister,  Jh 
chael   Hotinian,  Thomas  H.  Hughes,  Jabez  Vt 
Huntington,  Peter  Ihrie,  jr.,  Jtalph  L  Ingersoli 
.Joseph  a.  Kendall,  Henry  King,  Hmnphrcy  II 


^  ^' 


§ 


m 


ANNO  1K33.     ANDREW  JACKSON,  I'Ur.SIDr.NT. 


■>  1 1 


.•(Uiy  Mr.  JoliT 
[Mint  his  iiidis- 
II  of  jjolicy,  in 
1,  and  in  «viry 
k'fciit.    IIl'I'c  is 


ler,  Cliilton  Al- 
ien, WiUiain  (I. 
Iiii  S.  Warbour, 
itcH,  .'olin  lii'll, 
no,  .FniiK'S  Blair, 
1  Houck,  Thomas 
iiry  A.  Hiillanl, 
,n  Onrr,  .loscith 
iriie,  Olomcut  0. 
ichartl  Coke,  jr.. 
Uovwiu,  Uichard 
n  Oivinhton,  jr., 
I  port,  Warren  U. 
JoHL'iih  DrajH-r, 
ly,  William  Fitz- 
(JilnK.re,  William 
kVilliam  Hull  ')<)- 
[awes,  Micajah  T. 
%>rnelius  Holland, 
Howard,   Henry 
Jacoh  0.  IwuR's, 
lifer,   Uichard  M. 
cjih  .Johnson,  Ed- 
s  Kerr,  Henry  (i. 
Jdseidi   Lecomi''*;) 
I.  Lewis.  t'hitUn- 
la,  .lohn  Y.  Mason, 
'  ^hl.\well,    Unfu" 
iniis  Newton,  Wil- 
iitton,  Franklin  E. 
'.bralumi   Uenclur. 
]  Charles  S.  Sewall. 
Itino  H.  Shepperd, 
lard,.! esse  Speight, 
iStanlierry,    Jauies 
Wiley  Thompson, 
[rompkins,  IMiineiis 
lian  C.  Virplanik, 
hinjjton,  James  M. 


inisha  Whittlesey 
A.  Wickliffe,  Jolm 

Idams.  Heman  Al- 
1  Apideton,  Thomas 
Lk,    John    Hanks. 
]  Barstow,  Thonia* 
lehard   M.   Coopoi 
ll.  Crawford,  .lohn 
|ry  A.  S.  Dearhorn, 
[irt,  -Tohn  Dickson, 
W  Evans,  .loslniu 
(lee  Everett,  (ieoii;'' 
[illiani  Heister,  M' 
Hunhes,  .Jahez  « 
Kalph  I.  Ingersol 
Ling,  Humphrey  U 


Learitt,  Robert  McCoy,  Thoinns  M.  T.  JIcKen- 
niin.  .John  J.  Millipian,  Ifeiiry  A.  MnhlenherR, 
Jeremiah  N  'son,  Dntee  .1.  I'earce,  Kdnmnd  H. 
IVndletiin,  Job  I'iersoii,  David  I'otts,  Jr.,  James 
F.  Randolph,  John  Heed,  Edward  C.  Heed,  Wil- 
liam Slade,  Nathan  Snule,  William  L.  Storrs. 
Joel  H.  Sutherland,  .John  W.  Taylor,  Samnel 
F.  Vint(m,  Daniel  Wardwell,  .Fohn  G.  Wat- 
iiiotigh,  (Irattan  H,  Wheeler,  Frederick  Whit- 
lli'sey,  Ebonezer  Young. 


I'liin  by 
lie  sml- 


OH  AFTER    LXXXIT. 

KEDUCTION  OF  DUTIKS.— MR.  CLAV8  lilLL. 

On  the  12th  of  February  Mr.  Clay  asked  leave 
to  introduce  a  bill  for  the  reduction  of  duties, 
styled  by  liim  a  "compromise"  measure ;  and 
prefaced  the  question  with  a  speech,  of  wliich 
the  following  are  parts  : 

"  In  presenting  the  modifl(m,tion  of  the  tariff 
laws  which  I  am  now  about  to  submit,  I  have 
two  great  objects  in  view.      My  first  object 
looks  to  the  tariff.     I  am  ccmipellcd  to  express 
the  opinion,  formed  after  the  nutst  deliberate 
rcllection,  and  on  a  full  survey  of  the  whole 
roiintry,  that,  whether  rightfully  or  wrongfully, 
the  tariff  stands  in   imminent  danger.      If  it 
should  even  be  preservid  during  this  session, 
it  nnist  fall  at  the  next  session.     By  what  cir- 
nunstancos,  and  through  what  causes,  has  arisen 
the  necessity  for  this  change  in  the  policy  of  our 
oonntry,  I   will  not  pretend  now  to  elucidate. 
Others  there  arc  who  may  differ  from  the  im- 
pressions which  my  mind  has  received  upon  this 
point.     Owing,  however,  to  a  variety  of  concur- 
rent causes,  the  tariff,  as  it  now  exists,  is  in  im- 
minent danger ;  and  if  the  system  can  be  pre- 
served l)cyond  the  next  session,  it  must  be  by 
some  means  not  now  within  the  resu'h  of  human 
i;iij;acity.     The  fall  of  that  policy,  sir,  would  be 
productive  of  consequences  en  I  m  nitons  indeed. 
When  1  look  to  the  variety  ot  interests  which 
arc  involve<l,  to  the  number  of  individuals  in- 
teri'sted,  the  amount  of  capital    invested,  the 
vnluc  of  the  buildings  erected,  and  the  whole 
irrangement  of  (he  business  for  the  pro.secution 
of  the  various  branches  of  the  manufacturing 
art  which  have  sprung  up  under  the  fostering 
care  of  this  government.  T  cannot  contemjilate 
any  evil  ctpial  to  the  sudden  overthrow  of  all 
those  interests.     History  can  jiroduce  no  paral- 
lel to  the  extent  of  the  mischief  which  would 
be  prodixed  by  su"h  a  disaster.     The  repeal  of 
thi-  Edict  of  Nantes  itself  was  nothing  in  com- 
parison with  it.     That  condemned  to  exile  and 
brought  to   ruin  a  great  number  of  persons. 
The  most  rcspecUiblc  portion  of  the  populutiou 


that  measure.  But  in  my  ojtiniou,  sir,  tin 
den  rejwal  of  the  tariff  policy  would  bring  ruin 
and  destruction  on  the  whole  jn'ople  of  this 
cot.ntry.  There  is  no  evil,  in  my  opinion,  ecjiial 
to  the  consequences  whicli  would  result  from 
such  a  catastroplie. 

"  F  Id'lieve  the  American  system  to  be  in  the 
greatest  ilanger;  and  I  believe  it  can  be  placed 
on  a  better  and'  safer  foundation  at  this  ,ses>ioii 
than  at  the  next.     I  heard,  with  sur|)rise,  my 
frieini  from  Mas.sachusctts  say  that  nothing  had 
occurred  within  the  last  six  months  to  increa.sc 
its  hazard.    I  entreat  him  to  review  that  opinion. 
Is  it  correct?     Is  the  is.sue  of  numerous  elec- 
tions, including  that  of  the  highest  officer  of  iho 
government,  nothing  ?    Ts  the  explicit  i-ecom- 
mendati»m  of  that  officer,  in  his  message  at  tho 
ojH'ning  of  the  session,  sustained,  as  he  is,  by  a 
recent  triumphant  election,  nothing  ?     Is  his  de- 
claration in  his  ])roc!amati()n,  that  the  burdens 
of  tho  South  ought  to  be  relieved,  nothing  ?     Is 
the  introduction  of  the  bill  in  the  House  of  Rep- 
resentatives during  this  session,  sanctioned  by 
the  head  of  the  treasury  and  the  administration, 
prostrating  the  greater  part  of  the  manufactures 
of  the  country,  nothing?     Are  the  increasing 
discontents,  nothing  ?     Is  the  tendency  of  w- 
cent  events  to  miitc  the  whole  South,  nothing? 
What  have  we  not  witnes,sed  in  this  (;hamber? 
Friends  of  the  administration  bursting  all  the 
ties  which  seemed  indissolubly  to  unite  Iheni 
to  its  chi«f,  and,  with  few  exceptions  south  of 
the  Potomac,  opposing,  and  vehemently  oppos- 
ing, a  favorite  measure  of  that  administralitm, 
which  thri'e  short  months  ago  they  contributecl 
to  establish  ?     Let  us  not  deceive   ourselves. 
Now  is  the  time  to  adjust  the  (juestion  in  a 
manner  satisfactory  to  both  parties.     Put  it  off 
until  the  next  session,  and  the  alternative  may, 
and  probably  then  would  be,  a  speedy  and  ruin- 
ous reduction  of  the  taiitl",  or  a  civil  war  with 
the  entire  Sotith. 

"It  is  well  known  that  the  majority  of  tho 
dominant  party  is  adverse  to  the  tarill'.  There 
are  man}'  honorable  excejitious,  the  senator  from 
New.Fersey  |.Mr.  Dickeison],  among  them.  IJut 
for  the  exertions  of  the  other  party,  the  tiiriff 
wouhl  have  F)een  long  since  sacrificed.  Now 
let  us  look  at  the  composition  of  the  two 
br.;nches  of  Congre.sa  at  the  next  session.  In 
tills  body  we  lose  three  friends  of  the  jjrotectivo 
policy,  without  being  sure  of  gaining  one.  I  lere, 
judging  from  tho  present  appearances,  we  shidl, 
at  the  next  session,  be  in  the  minority.  In  tho 
House  it  is  notorious  that  there  is  a  considera- 
ble accession  to  the  number  of  the  dominant 
party.  How,  then,  I  ask,  is  the  system  to  Ik 
sustained  against  numlwrs,  against  the  wholo 
weight  of  the  administration,  against  the  imited 
South,  and  against  the  uicreased  impending  dan- 
ger of  civil  war  ? 

"  I  have  l)een  represented  as  the  father  of  thi 
system,  and  I  am  charged  with  an  unnatunil 
abandonment  of  my  own  ofl'spring.      I   huv« 


314 


TIIIUTY  YEARS'  VIEW. 


never  nrmjratcd  to  myself  any  such  intimate 
relation  to  it.  I  have,  indeed,  cherished  it  with 
parental  fondness,  and  my  affection  is  undimin- 
•jshed.  But  in  what  condition  do  I  find  this 
child  ?  It  is  in  the  hands  of  the  Philistines, 
who  would  stranpic  it.  I  fly  to  its  rescue,  to 
snatch  it  froin  their  custody,  and  to  place  it  on 
a  bed  of  security  and  repose  for  nine  years, 
where  it  may  prow  and  strengthen,  and  become 
acceptable  to  the  whole  people.  I  behold  a 
torch  about  being  applied  to  a  favorite  edifice, 
and  I  would  save  it,  if  possible,  before  it  was 
wrapt  in  flames,  or  at  least  preserve  the  precious 
furniture  which  it  contains." 

Jlr.  Clay  further  advanced  another  reason  for 
his  bill,  and  which  was  a  wish  to  separate  the 
tariff  from  politics  and  elections — a  wish  which 
admitted  their  connection — and  which,  being 
afterwards  interpreted  by  events,  was  supposed 
to  be  the  ba.sis  of  the  coalition  with  Mr.  Cal- 
houn ;  both  of  tliem  having  tried  the  virtue  of 
tlie  tarift"  question  in  elections,  and  found  it 
unavailing  either  to  friends  or  foes.  Mr.  Clay, 
its  champion,  could  not  become  President  upon 
its  support.  Mr.  Calhoun,  its  antagonist,  could 
not  become  President  upon  its  opposition.  To 
both  it  was  equally  desirable,  as  an  unavailable 
ekinunt  in  elections,  and  as  a  stumbling-block 
to  both  in  future,  that  it  should  be  withdrawn 
for  some  years  from  the  political  arena;  and 
Mr.  Clay  thus  expressed  himself  in  relation  to 
that  withdrawal : 

"  /  wish  to  see  the  tariff  separated  from  the 
politics  of  the  country,  that  business  men  may 
go  to  work  in  security,  with  some  prospect  of 
stability  in  our  laws,  and  without  erer-y  thing- 
being  staked  on  the  issue  of  elections,  as  it 
were  on  the  hazards  of  the  die." 

Mr.  Clay  then  explained  the  principle  of  his 
bill,  which  was  a  series  of  annual  reductions  of 
one  tenth  per  cent,  on  the  value  of  all  duties  above 
twenty  per  cent,  for  eight  successive  years ;  and 
after  that,  the  reduction  of  all  the  remainder 
above  twenty  per  centam  to  that  rate  by  two 
annual  reductions  of  the  excess :  so  as  to  com- 
plete the  reduction  to  twcntj'  per  centum  on 
the  value  of  all  imported  goods  on  the  30th  day 
of  September,  1842;  with  a  total  abolition  of 
duties  on  about  one  hundred  articles  after  that 
lime;  ar  •  with  a  proviso  in  favor  of  the  right 
of  Congress,  in  the  event  of  war  with  any  foreign 
power  to  impose  such  duties  as  might  be  neces- 
sar}'  to  prosecute  the  war.  And  this  was  called 
a  "  compromise/^  although  there  was  no  stipu- 


lation for  the  permanency  of  the  reduced,  and 
of  the  abolished  duties ;  and  no  su^h  stipulation 
could  be  made  to  bind  future  Congresses ;  and 
the  only  equivalent  which  the  South  received 
from  the  party  of  protection,  was  the  stipulated 
surrender  of  their  principle  in  the  clause  which 
provided  that  after  the  said  30th  of  September, 
1842,  ^'duties  should  only  be  laid  for  raising 
such  revenue  as  might  be  necessary  fur  an 
economical  administration  of  the  goccrn- 
meut ;"  an  attempt  to  bind  future  Congresses, 
the  value  of  which  was  c^en  before  the  time 
was  out.  Mr.  Clay  proceeded  to  touch  the  ten- 
der parts  of  his  plan — the  number  of  years  the 
protective  policy  had  to  run,  and  the  guaa-anties 
for  its  abandonment  at  the  end  of  the  stipulated 
protection.    On  these  points  he  said : 

"Viewing  it  in  this  light,  it  appeared  that 
there  were  eight  years  and  a  half,  and  nine 
years  and  a  hjilf,  taking  the  ultimate  time, 
which  would  be  an  efficient  protection ;  the  re- 
maining duties  would  be  withdrawn  by  a  bien- 
nial reduction.  The  protective  principle  must 
be  said  to  be,  in  some  measure,  relinquished  at 
the  end  of  eight  years  and  a  half.  This  period 
could  not  appear  unreasonable,  and  he  thought 
that  no  member  of  the  Senate,  or  any  portion 
of  the  country,  ought  to  make  the  slightest  ob- 
jection. It  now  remained  for  him  to  consider 
the  other  objection — the  want  of  a  guaranty  to 
there  being  an  ulterior  continuance  of  the 
duties  imposed  by  the  bill,  on  the  expiration  of 
the  term  which  it  prescribes.  The  best  gua- 
ranties would  be  found  in  the  circumstances 
under  which  the  measure  would  be  passed.  If 
it  were  passed  by  common  consent ;  if  it  wcro 
passed  with  the  assent  of  a  portion,  a  consifle- 
rable  portion,  of  those  who  had  hitiierto  di- 
rectly supported  this  system,  and  by  a  consi- 
derable portion  of  those  who  opposed  it;  if 
they  declared  their  satisfaction  with  the  mea- 
sure, he  had  no  doubt  the  rate  of  duties  guaran- 
tied would  be  continued  after  the  expiration  of 
the  term,  if  the  country  continued  at  peace." 

Here  was  a  stipulation  to  continue  the  pro- 
tective principle  for  nine  years  and  a  half,  and 
the  bill  contained  no  stipulation  to  abandon  it 
at  that  time,  and  consequently  no  guaranty  that 
it  would  bo  abandoned ;  and  certainly  the  gua- 
ranty would  have  been  void  if  stipulated,  as  it 
is  not  in  the  power  of  oiie  Congress  to  abridge 
by  law  the  constitutional  power  of  its  succes' 
sors.  Mr.  Clay,  therefore,  had  recourse  to  mo- 
ral guaranties ;  and  found  them  good,  and  best, 
in  the  circumstances  in  which  the  bill  would  ba 
passed,  and  the  common  consent  with  which  it 


ANNO  1833.     ANDREW  JACKSON,  PRESIDENT. 


315 


lio  reduced,  and 
BUih  stipulation 
'ongresses;  and 
I  South  received 
18  the  stipulated 
the  clause  which 
th  of  September, 
laid  fur  raising 
ecessnnj  for  an 
of  the.    govern- 
iture  Congresses, 
before  the  thne 
to  touch  the  tcn- 
mbcr  of  years  the 
md  the  guai-anties 
d  of  the  stipulated 
he  said : 

it  appeared  that 

[  a  half,  and  nine 

he   ultimate  time, 

protection ;  the  re- 

hdrawn  by  a  bien- 

ive  principle  must 

ure,  relinquished  at 

I  half.     This  period 

)le,  and  he  thoupht 

late,  or  any  portion 

ike  the  slightest  ob- 

br  him  to  consider 

nt  of  a  guaranty  to 

lontinuance  of   the 

>n  the  expiration  of 

■8.      The  best  pua- 

i  the  circumstanct-'S 

3uld  be  passed.    K 

consent ;  if  it  weio 

I  portion,  a  considc- 

o  had   hitlierto  di- 

am,  and  by  a  consi- 

s-ho  opposed  it;  if 

:tion  with  the  mca- 

ite  of  duties  guaran- 

cr  the  expiration  of 

itinued  at  peace." 

0  continue  the  pro- 
ears  and  a  half,  and 
lation  to  abandon  it 
tly  no  guaranty  that 
id  certainly  the  gua- 
d  if  stipulated,  as  it 
Congress  to  abridge 
lower  of  its  succcs. 
|had  recourse  to  nio- 
Ithem  good,  and  best. 
lich  the  bill  would  ba 

pnsent  with  which  it 


was  expected  to  be  done — a  calculation  which 
found  its  value,  as  to  the  "common  consent," 
before  the  bill  was  passed;  as  to  its  binding 
force  before  the  time  fixcft  for  its  efficacy  to 
begin. 

Mr.  Forsyth,  of  Georgia,  replied  to  Mr.  Clay, 
and  said : 

"  The  avowed  object  of  the  bill  would  meet 
with  universal  approbation.  It  was  a  project  to 
harmonize  the  people,  and  it  could  have  come 
from  no  better  source  than  from  the  gentleman 
from  Kentucky :  for  to  no  one  were  wc  more 
indebted  than  to  him  for  the  discord  and  dis- 
content which  agitate  us.  But  a  few  months 
ago  it  was  in  the  power  of  the  gentleman,  and 
those  with  whom  he  acted,  to  settle  this  question 
at  once  and  for  ever.  The  opportunity  was  not 
seized,  but  he  hoped  it  was  not  passed.  In  the 
project  now  ofiered,  he  could  not  see  the  elements 
of  success.  The  time  was  not  auspicious.  But 
fourteen  days  remained  to  the  session ;  and  we 
had  better  wait  the  action  of  the  House  on  the 
bill  before  them,  than  by  taking  up  this  new 
measure  here,  produce  a  cessation  of  their  action. 
Was  there  not  danger  that  the  fourteen  days 
would  be  exhausted  in  useless  debate  ?  Why, 
twenty  men,  with  a  suflBciency  of  breath  (for 
words  they  would  not  want),  could  annihilate 
the  bill,  though  a  majority  in  both  Houses  were 
in  favor  of  it.  He  objected,  too,  that  the  bill 
was  a  violation  of  the  constitution,  because  the 
Senate  had  no  power  to  raise  revenue.  Two 
years  ago,  the  same  senator  made  a  proposition, 
wiiich  was  rejected  on  this  very  ground.  The 
offer,  however,  would  not  be  useless ;  it  would 
be  attended  with  all  the  advantages  which  could 
follow  its  discussion  here.  We  shall  see  it,  and 
take  it  into  consideration  as  the  offer  of  the 
manufacturers.  The  other  party,  as  we  are 
called,  will  view  it  as  a  scheme  of  diplomacy ; 
not  as  their  ultimatum,  but  as  their  lirst  offer. 
But  the  bargjiin  was  all  on  one  side.  After  they 
are  defeated,  and  can  no  longer  sustain  a  conflict, 
they  come  to  make  the  best  bargain  they  can. 
The  senator  from  Kentucky  says,  the  tariff  is 
in  danger  ;  aye,  sir,  it  is  at  its  last  gasp.  It  has 
received  the  immedicable  wound  ;  no  hellebore 
can  cure  it.  He  considered  the  confession  of  the 
gentleman  to  be  of  immense  importance.  Yes, 
sir,  the  whole  feeling  of  the  country  is  opposed 
to  the  high  protective  system.  The  wily  serpent 
that  crept  into  our  Eden  has  been  touched  by 
the  spear  of  Ithuriel.  The  senator  is  anxious 
to  prevent  the  ruin  which  a  sudden  abolition  of 
the  system  will  produce.  No  one  desires  to 
intiict  ruin  upon  the  manufacturers  ;  but  suppose 
tlie  Southern  people,  having  the  power  to  control 
the  subject,  should  totally  and  suddenly  abolish 
the  system ;  what  right  would  those  have  to 
cumpliiin  who  had  combined  to  oppress  the 
South  ?  What  has  the  tariff  led  us  to  already  ? 
From  one  end  of  the  country  to  the  other,  it  has 
Droduced  evils  which  are  worse  than  a  thousand 


tariffs.  The  necessity  of  appealing  now  to  fra- 
ternal feeling  shows  that  that  feeling  is  not 
sleeping,  but  nearly  extinguished.  He  ojiposed 
the  introduction  of  the  bill  as  a  revenue  measure, 
and  upon  it  demanded  the  yeas  and  nays:  which 
were  ordered." 

The  practical,  clear-headed,  straightforward 
Oen.  Smith,  of  Maryland,  put  his  linger  at  once 
upon  the  fallacy  and  insecurity  of  the  whole 
scheme,  and  used  a  word,  the  point  and  ajiplica- 
tion  of  which  was  more  visible  afterwards  tha  .i 
at  the  time  it  was  uttered.    lie  said : 

"  That  the  bill  was  no  cure  at  all  for  the  evils 
complained  of  by  the  South.  They  wished  to 
try  the  constitutionality  of  protecting  duties. 
In  this  bill  there  was  nothing  but  protection, 
from  beginning  to  end.  We  had  been  told  that 
if  the  bill  passed  with  common  consent,  the  sys- 
tem established  by  it  would  not  be  touched. 
But  he  had  once  been  cheated  in  that  way,  and 
would  not  be  cheated  again.  In  18in  it  was 
said  the  manufacturers  would  be  satisfied  with 
the  protection  afforded  by  the  bill  of  that  year; 
but  in  a  few  years  after  they  came  and  insisted 
for  more,  and  got  more.  After  the  first  four 
years,  an  attempt  would  be  made  to  repeal  all 
the  balance  of  this  bill.  Ho  would  go  no  further 
than  four  years  in  prospective  reduction.  The 
reduction  was  on  some  articles  too  gi-eat." 

He  spoke  history,  except  in  the  time.  Tha 
manufacturers  retained  the  benefits  of  the  bill 
to  the  end  of  the  protection  which  it  gave  them  , 
and  then  re-established  the  protective  system  ia 
more  amplitude  than  ever. 

"  Mr.  Calhoun  rose  and  said,  he  would  make 
but  one  or  two  observations.  Entirely  approving 
of  the  object  for  which  this  bill  was  introduced, 
he  should  give  his  vote  m  favor  of  the  motion 
for  leave  to  introduce  it.  He  who  loved  the 
Union  must  desire  to  see  this  agitating  question 
brought  to  a  termination.  Until  it  should  bo 
terminated,  we  could  not  expect  the  re.>-toration 
of  peace  or  harmony,  or  a  sound  condition  of 
things,  throughout  the  country.  He  believed 
that  to  the  unhappy  divisions  which  had  kept 
the  Northern  and  Southern  States  apart  from 
each  other,  the  present  entirely  degraded  condi- 
tion of  the  country  (for  entirely  degraded  he 
believed  it  to  be)  was  solely  attributable.  The 
general  principles  of  this  bill  received  his  appro- 
bation.  He  believed  that  if  the  present  difficul- 
ties were  to  be  adjusted,  they  must  be  adjusted 
on  the  principles  embraced  hi  the  bill,  of  fixing 
ad  valorem  duties,  except  in  the  few  cases  in 
the  bill  to  which  specific  duties  were  assigned. 
He  said  that  it  had  boen  his  fate  to  occupy  a 
position  as  hostile  as  any  one  could,  in  reference 
to  the  protecting  policy ;  but,  if  it  depended 
on  his  will,  he  would  not  give  his  vote  for  the 


316 


THIRTY  YEARS'  VIHW. 


i'mr  t 


(      f    'W: 


■i*'   ''' 

n^ 

<  i^ 


prostration  of  the  manufacturing  interest.  A 
very  lar^e  rapitnl  liad  been  invested  in  nianu- 
facuires,  which  liad  been  of  great  service  to  the 
country  ;  and  he  would  never  give  his  vote  to 
suddenly  withdraw  all  tliose  duties  by  which 
that  capital  was  sustained  in  the  channel  into 
which  it  had  been  directed.  But  he  would  only 
vote  for  the  ad  valorem  system  of  duties,  which 
he  deemed  the  most  beneficial  and  the  njost 
e(|uitablo.  At  this  time,  he  did  not  rise  to  go 
into  a  consideration  of  any  of  the  details  of  this 
bill,  as  such  a  course  would  be  premature,  and 
contrary  to  the  practice  of  the  Senate.  There 
were  some  of  the  provisions  which  had  his  entire 
approbation,  and  there  were  some  to  which  he 
objected,  liut  he  looked  upon  these  minor 
points  of  difference  as  points  in  the  settlement 
of  which  no  difflculty  would  occur,  when  gen- 
tlemen meet  together  in  that  spirit  of  mutual 
compromise  which,  he  doubted  not,  would  be 
brought  into  their  delil)erations,  without  at  all 
yielding  the  constitutional  question  as  to  the 
right  of  protection." 

This  union  of  Mr.  Calhoun  and  Mr.  Clay  in 
the  belief  of  the  harmony  and  brotherly  affection 
which  this  bill  would  produce,  professing  as  it 
^lid,  and  bearing  on  its  face  the  termination  of 
the  American  system,  afforded  a  strong  instance 
of  the  fallibility  of  political  opinions.  It  was 
only  six  mctnths  before  that  the  dissolution  of 
the  Union  would  be  the  effect,  in  the  opinion  of 
one  of  the  in,  of  the  continuance  of  the  American 
system — and  of  its  abandonment  in  the  opinion 
of  the  other.  Now,  both  agreed  that  the  bill 
which  professed  to  destroy  it  would  restore 
peace  and  harmony  to  a  distracted  country. 
How  far  Mr.  Clay  then  saw  the  preservation, 
and  not  the  destruction,  of  the  American  system 
in  the  compromise  he  was  making,  may  be 
judged  by  what  he  said  two  weeks  later,  when 
he  declared  that  he  looked  forward  to  a  re-action 
which  would  restore  the  protective  system  at 
the  end  of  the  time. 

The  first  news  of  Mr.  Clay's  bill  was  heard 
with  dismay  by  the  manufacturers.  Niles'  Re- 
gister, the  most  authentic  organ  and  devoted 
advocate  of  that  class,  heralded  it  thus  :  "  Mr. 
Ctay^s  new  tariff  project  will  be  received  like 
a  ci'osh  of  thunder  in  the  winter  season,  and 
some  will  hardly  trust  the  evidence  of  their 
senses  on  a  first  examination  of  it — so  radical 
and  sudden  is  tlie  change  of  policy  proposed 
because  of  a  combination  of  circumstances 
which,  in  the  judgment  of  Mr.  Clay,  has  ren- 
dered such  a  change  necessary.  If  may  be 
that  our  favorite  systems  are  all  to  be  destroy- 


ed. If  en  the  majority  determine — so  he  it* 
The  manufacturers  flocked  in  crowds  to  Washmg. 
ton  City — leaving  home  to  stop  the  bill — annvinf* 
at  Washington  to  promote  it.  Those  practical 
men  soon  saw  that  they  had  gaini'd  a  ripricvo 
of  nine  years  and  a  half  in  the  benefits  of  protec- 
tion, with  a  certainty  of  the  rc-establishinent  of 
the  system  at  the  end  of  that  time,  from  the 
revulsion  which  would  be  made  in  the  revenue 
— in  the  abrupt  plunge  at  the  end  of  that  time 
in  the  scale  of  duties  from  a  higli  rate  to  an  ad 
valorem  of  twenty  per  centum  ;  and  that  leaving 
one  hundred  articles  free.  This  nine  years  and 
a  half  reprieve,  with  the  certain  chance  for  tlie 
revulsion,  they  found  to  be  a  good  escape  from 
the  possible  passage  of  Mr.  Verplank's  bill,  or 
its  equivalent,  at  that  sessif  .i ;  and  its  certain 
passage,  if  it  failed  then,  at  the  ensuing  scssiou 
of  the  new  Congress.  They  found  the  i)rotective 
sj-^stem  dead  without  this  reprieve,  and  now  re- 
ceived as  a  deliverance  what  had  been  viewed  as 
a  sentence  of  execution ;  and  having  helped  tho 
bill  through,  they  went  home  rejoicing,  and  uiure 
devoted  to  Mr.  Clay  than  ever. 

Mr.  Webster  had  not  been  consulted,  in  the 
formation  of  this  bill,  and  was  strongly  opposed 
to  it,  as  well  as  naturally  dissatisfied  at  the  nt- 
glect  with  which  he  had  been  treated.  As  the 
ablest  champion  of  the  tariff,  and  the  represen- 
tative of  the  chief  seat  of  manufactures,  ho 
would  naturally  have  been  consulted,  and  made 
a  party,  and  a  leading  one,  in  any  scheme  of 
tariff  adjustment ;  on  the  contrary,  the  ^vholo 
concoction  of  the  bill  between  Mr.  Clay  and  Mr. 
Calhoun  had  been  entirely  concealed  from  him. 
Symptoms  of  discontent  appeared,  at  times,  in 
their  speeches ;  and,  on  the  night  of  the  23d, 
some  sharp  words  passed — compo.sed  the  next 
day  1  y  their  friends :  but  it  was  a  strange  idea 
of  a  "  compromise,"  from  which  the  main  party 
was  to  be  excluded  in  its  formation,  and  bound 
in  its  conclusion.  And  Mr.  Webster  took  an 
immediate  opportunity  to  show  that  he  had  not 
been  consulted,  and  would  not  be  bound  by  the 
arrangement  that  had  been  made.    He  said : 

"  It  is  impossible  that  this  proposition  of  the 
honorable  member  from  Kentucky  should  not  ex- 
cite in  the  country  avery  strong  sensation ;  and,in 
the  relation  in  wnich  I  stand  to  the  subject,  I  am 
anxious,  at  an  early  moment,  to  say,  that,  as  far 
as  I  understand  the  bill,  from  the  gentleman's 
statement  of  it,  there  are  principles  in  it  to 
which  I  do  not  at  present  see  how  I  can  evei 


I 


ANNO  1833.     ANDREW  JACKSON,  PRlvSIDENT. 


317 


ne— so  be  it* 
rds  to  Washing- 
ic  bill— arriving 
Those  pinctical 
aini'd  a  ri'livievo 
jneflts  of  protcc- 
jstablusbintnt  of 

time,  from  the 
I  in  the  revenue 
end  of  that  time 
gh  rate  to  an  ad 

and  that  leaving 
is  nine  years  and 
in  chance  for  the 
good  escape  from 
'erplank's  bill,  or 

;  and  its  certain 
;ie  ensuing  session 
)und  the  protective 
rieve,  and  now  rc- 
lad  been  viewed  as 
having  helped  tho 

rejoicing,  and  mule 

;r. 

n  considted,  in  the 
IS  strongly  oppo>od 
Bsatisfied  at  the  iie- 
n  treated.    A«  the 
;  and  the  rcproncn- 
f  manufactures,  ho 
lonsulted,  and  made 
in  any  scheme  of 
•ontrary,  the  whole 
,n  Mr.  Clay  and  Mr. 
:oncealcd  from  him. 
►peafcH,  at  times,  in 
2  night  of  the  23d, 
-composed  the  next 
t  was  a  strange  idea 
lich  the  main  party 
nnation,  and  bound 
r.  Webster  took  an 
LOW  that  he  had  not 
lot  be  bound  by  the 
Jmade.    He  said: 

Is  proposition  of  the 
Itncky  should  not  ex- 

Ine  sensation  -,  au(l,m 
I  to  the  subject,  I  am 
It,  to  say,  that,  as  far 
lorn  the  gentleman » 
■  principles  m  it  to 
see  how  I  can  evej 


concur.  If  I  understand  the  plan,  the  result 
of  it  will  bo  a  well-understood  surrender  of 
the  power  of  di.scrimination,  or  a  stipulation 
not  to  use  that  power,  in  the  laying  duties  on 
imports,  after  the  eight  or  nine  years  have  ex- 
pired. This  appears  to  me  to  be  matter  of  great 
moment.  I  hesitate  to  be  a  party  to  any  such 
stipulation.  The  honorable  member  admits, 
that  though  there  will  be  no  (Msitive  surren- 
der of  the  power,  there  will  be  a  stipulation  not 
to  exercise  it ;  a  treaty  of  peace  and  amity,  an 
he  says,  which  no  American  statesman  can,  here- 
after, stand  up  to  violate.  For  one,  sir,  I  am 
not  ready  to  enter  into  the  treaty.  I  propose, 
so  far  as  de|N2nds  on  me,  to  leave  all  our  succes- 
Rors  in  Congress  as  free  to  act  as  we  are  our- 
selves. 

"  The  honorable  member  from  Kentucky  says 
the  taritf  is  in  imminent  danger ;  that,  if  not 
destroyed  this  session,  it  cannot  hope  to  survive 
the  next.  This  may  be  so,  sir.  This  may  be 
so.  But,  if  it  be  so,  it  is  because  the  American 
people  will  not  sanction  the  tariff;  and,  if  they 
will  not,  why,  then,  sir,  it  cannot  be  sustained 
at  all.  I  am  not  quite  so  despairing  as  the  hon- 
orable member  seems  to  be.  I  know  nothing 
which  has  happened,  within  the  last  six  or  eight 
months,  changing  so  materially  the  prospects  of 
the  tariff.  I  do  not  despair  of  the  success  of  an 
appeal  to  the  American  people,  to  take  a  just 
caiHJ  of  their  own  interest,  and  not  to  sacritice 
those  vast  interests  which  have  grown  up  under 
the  laws  of  Congress." 

There  was  a  significant  intimation  in  these  few 
remarks,  that  Mr.  Webster  had  not  been  con- 
sulted in  the  preparation  of  this  bill.  He  shows 
that  he  had  no  knowledge  of  it,  except  from  j\Ir. 
Clay's  statement  of  its  contents,  on  the  floor,  for 
it  had  not  then  been  read ;  and  the  statement 
made  by  Mr.  Clay  was  his  only  means  of  under- 
standing it.  This  is  the  only  public  intimation 
which  he  gave  of  that  exclusion  of  himself  from 
all  knowledge  of  what  Mr.  Clay  and  Mr.  Cal- 
boun  were  doing;  but,  on  the  Sunday  after  the 
sliarp  words  between  him  and  Mr.  Clay,  the  fact 
(vas  fully  communicated  to  me,  by  a  mutual 
friend,  and  as  an  injurious  exclusion  which  Mr. 
Webster  naturally  and  sensibly  felt.  On  the 
next  day,  he  delivered  his  opinions  of  the  bill, 
in  an  unusually  formal  manner — in  a  set  of  re- 
eolutions,  instead  of  a  speech — thus : 

''Resolved,  That  the  annual  revenues  of  the 
country  ought  not  to  be  allowed  to  exceed  a 
just  estimate  of  the  wants  of  the  government ; 
and  that,  as  soon  as  it  shall  be  usccrtained,  with 
reasonable  certainty,  that  the  rates  of  duties  on 
imports,  as  established  by  the  act  of  July,  1832, 
will  yield  an  excess;  over  those  wants,  provision 
ought  to  ho  made  for  their  reduction ;  and  that, 


in  making  this  reduction,  just  regard  should  b« 
had  to  the  various  interests  and  opinions  of  dif< 
ferent  parts  of  the  country,  so  as  most  effectu* 
ally  to  preserve  the  integrity  and  harmony  of 
the  Union,  and  to  provide  for  the  common  de« 
fence,  and  promote  the  general  welfare  of  the 
whole. 

"  But,  whereas  it  is  certaii  that  the  diminu- 
tion of  the  rates  of  duties  on  some  articles 
would  increase,  instead  of  reducing,  the  aggre- 
gate amount  of  revenue  on  such  articles ;  nnd 
whereas,  in  regard  to  such  articles  as  it  has 
been  the  policy  of  the  country  to  protect,  a 
slight  reduction  on  one  might  produce  essential 
injury,  and  even  distress,  to  large  classes  of  the 
community,  while  another  might  bear  a  larger 
reduction  without  any  such  consequences ;  nnd 
whereas,  also,  there  are  many  articles,  the  duties 
on  which  might  be  reduced,  or  altogether  abol- 
ished, without  producing  any  other  cHect  than 
the  reduction  of  revenue  :  Therefore, 

"liesolced,  That,  in  reducing  the  rates  of  du- 
ties im[)Osed  on  imports,  by  the  act  of  the  14th 
of  July  aforesaid,  it  is  not  wise  or  judicious  to 
proceed  b}'^  way  of  an  equal  reduction  per  centum 
on  all  articles ;  but  that,  as  well  the  amount  as 
the  time  of  reduction  ought  to  be  fixed,  in  re- 
spect to  the  several  articles,  distinctly,  having 
due  regard,  in  each  case,  to  the  questions  whether 
the  propo.sed  reduction  will  affect  revenue  alone, 
or  how  far  it  will  operate  injuriously  on  those 
domestic  manufactures  hitherto  protected;  es- 
pecially such  as  are  essential  in  time  of  war,  and 
such,  also,  as  have  been  established  on  the  faith 
of  existing  laws ;  and,  above  all,  how  far  such 
proposed  reduction  will  affect  the  rates  of  wages 
and  the  earnings  of  American  manual  labor. 

"/feso/uefi.  That  it  is  unwise  and  injudicious, 
in  regulating  imposts,  to  adopt  a  plan,  hitherto 
equally  unknown  in  the  history  of  this  govern- 
ment, and  in  the  practice  of  all  enlightened  na- 
tions, which  shall,  either  immediately  or  pros- 
pectively, reject  all  di.scrimination  on  articles  to 
be  taxed,  whether  they  be  articles  of  necessity 
or  of  luxury,  of  general  consumption  or  of  limit- 
ed consumption  ;  and  whether  they  be  or  be  not 
such  as  are  manufactured  and  produced  at  home ; 
and  which  shall  confine  all  duties  to  one  equal 
rate  per  centum  on  all  articles. 

'■'■  Resolved,  That,  since  the  people  of  the  United 
States  have  deprived  the  State  governments  of 
all  power  of  fostering  manufactures,  however 
indispensable  in  peace  or  in  war,  or  however  im- 
portant to  national  independence,  by  commercial 
regulations,  or  by  laying  duties  on  imports,  and 
have  transferred  the  whole  authority  to  make 
such  regulations,  and  to  lay  such  duties,  to  the 
Congress  of  the  United  States,  Congress  cannot 
surrender  or  abandon  such  power,  compatibly 
with  its  constitutional  duty ;  and,  therefore, 

^'Resolved,  That  no  law  ought  to  be  passed  on 
the  subject  of  imposts,  containing  any  stipula- 
tion, express  or  implied,  or  giving  any  pledge  or 
assurance,  direct  or  indirect,  which  shall  tend  to 
restrain  Congress  from  the  full  exercise,  at  uli 


a    ■  '  ■ 


318 


THIRTY  YEARS'  VIEW. 


tiincH  hcroaftor,  of  nil  its  constittitionnl  iiowcra, 
in  Riving  roasonahle  protection  to  American  in- 
dustry, cotintervailing  the  jiolicy  of  foreign  na- 
ti'tiiHj'nnrt  ninintaining  the  Hiibstantial  indepen- 
dence of  the  United  States." 

These  resolutions  brought  the  sentiments  of 
Mr.  Webster,  on  the  tariff  and  federal  revenuo, 
very  nearly  to  the  standard  recommended  by 
General  Jackson,  in  his  annual  message ;  which 
was  a  limitation  of  the  revenue  to  the  wants  of 
the  goveriiincnt,  with  incidental  protection  to 
essential  articles;  and  this  approximation  of 
policy,  with  that  which  had  already  taken  place 
on  the  doctrine  of  nullification  and  its  measures, 
and  his  present  support  of  the  "  Force  Bill,"  may 
have  occasioned  tlio  exclusion  of  Mr.  Webster 
from  all  knowledge  of  this  "  compromise."  Cer- 
tain it  is,  that,  with  these  sentiments  on  the  sub- 
ject of  the  tariff  and  the  revenue,  and  with  the 
decision  of  the  people,  in  their  late  elections 
against  the  American  system,  that  Mr.  Webster 
n.nd  his  friends  would  have  acted  with  the  friends 
of  General  Jackson  and  the  democratic  party, 
in  the  ensuiiig  Congress,  in  reducing  the  duties 
in  a  way  to  be  satisfuctoi-y  to  every  reasonable 
interest ;  and,  above  all,  to  be  stable ;  and  to 
free  the  country  from  the  agitation  of  the  tariff 
question,  the  mainifacturers  from  uncertainty, 
and  the  revenue  from  fluctu&tions  which  alter- 
uately  gave  overflowing  and  empty  treasuries. 
It  was  a  consummation  devoutly  to  be  wished ; 
and  frustrated  by  the  intervention  of  the  delu- 
sive "  compromise,"  concocted  out  of  doors,  and 
in  conclave  by  two  senators ;  and  to  be  carried 
through  Congress  by  their  joint  adherents,  and 
by  the  fears  of  some  and  the  interests  of  others. 

Jlr.  Wright,  of  Xew-York,  saw  objections  to 
the  bill,  which  would  be  insurmountable  in  other 
circumstances.  He  proceeded  to  state  these  ob- 
jections, and  the  reason  which  would  outweigh 
them  in  his  mind : 

'•  He  thought  the  reduction  too  slow  for  the 
first  eight  years,  and  vastly  too  rapid  afterwards. 
Again,  he  objected  to  the  inequality  of  the  rule 
of  reduction  which  had  been  adopted.  It  will 
be  seen,  at  once,  that  on  articles  paying  one 
hundred  per  cent,  duty,  the  reduction  is  danger- 
ously rapid.  There  was  uniformity  in  the  rule 
adopted  by  the  bill,  as  regards  its  operation  on 
existing  laws.  The  first  object  of  the  bill  was 
to  ett'ect  a  compromise  between  the  conflicting 
views  of  the  friends  and  the  opponents  of  pro- 
tection. It  purports  to  extend  relief  to  Southern 
interest ;  and  yet  it  enhances  the  duty  on  one  of 
the  most  material  articles  of  Southern  consump- 


tion— negro  cloths.  Again,  (vhilc  it  increase.! 
this  duty,  it  imposes  no  corresponding  <luty  on 
the  raw  material  fiom  which  the  fabric  is  made. 

"Another  objection  arose  from  his  mature 
conviction  that  the  principle  of  home  valuation 
was  absurd,  impracticable,  and  of  very  unecjunl 
operation.  The  reduction  on  some  articles  of 
prime  necessity — iron,  for  example — was  so  great 
and  so  rapid,  that  he  was  perfectly  satisfied  that 
it  would  stop  all  further  production  before  the 
expiration  of  eight  years.  The  principle  of  dis- 
crimination was  one  of  the  points  introduced 
into  the  discussion ;  and,  as  to  this,  he  would  say 
that  the  bill  did  not  recognize,  after  a  limited 
period,  the  power  of  Congress  to  afford  protec- 
tion by  discriminating  duties.  It  provides  pro- 
tection for  a  certain  length  of  time,  but  does  not 
ultimately  recognize  the  principle  of  jirotectioii. 
The  bill  proposes  idtimately  to  reduce  all  arti- 
cles which  pay  duty  to  the  same  rate  of  dut}'. 
This  principle  of  revenue  was  entirely  unknown 
to  our  laws,  and,  in  his  opinion,  was  an  unwar- 
rantable innovation.  Gentlemen  advocating  tlic 
principle  and  policy  of  free  trade  admit  the  power 
of  Congress  to  lay  and  collect  such  duties  as  mc 
necessary  for  the  purpose  of  revenue ;  and  to 
that  extent  they  will  incidentally  allbrd  pro- 
tection to  manufactures.  He  would,  upon  all 
occasions,  contend  that  no  more  money  should 
be  raised  from  duties  on  imports  than  the  gov- 
ernment needs ;  and  this  principle  he  wished 
now  to  state  in  jdain  terms.  He  adverted  to 
the  proceedings  of  the  Free  Trade  Cc.ivention 
to  show  that,  by  a  large  majority,  (12U  to  7.) 
they  recognized  the  constitutional  power  of  Con- 
gress to  afford  incidental  protection  to  domestic 
manufactures.  They  expressly  agreed  that  tlic 
principle  of  discrimination  was  in  consonance 
with  the  constitution. 

"  Still  another  objection  he  had  to  the  bill.  It 
proposed  on  its  face,  and,  as  '.  -  thought,  directly, 
to  restrict  the  action  of  our  successors,  ^\'e  had 
no  power,  he  contended,  to  bind  our  successoisj. 
We  might  legislate  prospectively,  and  a  future 
Congress  could  stop  the  course  of  this  prospec- 
tive legislation.  He  had,  however,  no  alternative 
but  to  vote  for  the  bill,  with  all  its  deficts,  be- 
cause it  contained  some  provisions  which  tlie 
state  of  tho  country  rendered  indispensably  ne- 
cessary." 

He  then  stated  the  reason  which  would  induce 
him  to  vote  for  the  bill  notwithstinding  these 
objections.  It  was  found  in  the  attitude  of  South 
Carolina,  and  in  the  extreme  desire  wliich  he 
had  to  remove  all  cause  of  discontent  in  that 
State,  and  to  enable  her  to  return  to  the  state  of 
feeling  which  belonged  to  an  afl'ectionate  member 
of  the  Union.  For  tiiat  reason  lie  would  do  what 
was  satisfactory  to  her,  though  not  agreeable  to 
himself. 

W^hile  the  bill  was  still  depending  befoi« 
the  Senate,  the  bill  itself  for  which  the  leav» 


Air>:0  18.13.    ANDUnW  .TACKSOy,  IMIKSIDF.NT. 


319 


0  it  increase* 
ndinp  duty  on 
fabric  is  made, 
im  hix  nmt\iru 
lionic  vulinilion 
f  very  uncnunl 
jine  articles  of 
e_wns  so  (ireat 
ly  satisfied  that 
uon  before  the 
principle  of  dis- 
mts  introduced 
lis,  ho  wonhl  say 
^  after  a  limited 
to  afford  protec- 
It  provides  pro- 
me,  but  does  not 
)le  of  protectioii. 
)  reduce  all  arti- 
me  rate  of  duty, 
ntirely  unknown 

1  was  an  tinwur- 
m  advocatiujr  the 
c  admit  the  power 
juch  duties  as  ari; 

revenue ;   and  to 
itally  alVord  pro- 
;  would,  upon  all 
ore  money  should 
)rts  than  the  (:ot- 
inciple  he  wisheil 
He  adverted  to 
Trade  Cc.ivention 
Ljority,(12Uto7) 
onal  power  ol  ton- 

tection  to  domi'stic 
y  agreed  that  the 

vas  in  consonauce 


liadto  thebill.  It 
thought,  directly, 
iccessors.  AVe  had 
ind  our  successors'. 
ively,  antl  a  future 
i-se  of  this  prospec- 
irever.  no  allernativo 
I  all  its  di  f«  cts.  be- 
nisions  which  the 
indispensably  no- 

which  would  induce 
twithst'mding  these 
he  attitude  of  South 
ic  desire  which  ho 
■  discontent  in  that 
itiirn  to  the  state  of 
aflectionale  member 
n  he  would  do  what 
gh  not  a<,neeable  to 

depending   hefoie 
tor  which  the  leav» 


rw  bcinj;  asked,  made  its  ap|)earancj  ot  the 
door  of  tiic  chander,  'vith  a  ri(;lit  to  enter  it, 
in  tlie  shape  of  an  act  pa.s8ed  by  tlie  IIouso, 
and  sent  to  theSrnato  for  concurrence.  This 
was  a  new  feature  in  the  pamc,  and  occasioned 
the  .Senr.te  bill  to  bo  immediately  dropj)ed,  and 
tho  House  bill  put  in  its  place;  and  which,  iK'ing 
quickly  put  to  the  vote,  was  passed,  29  to  10. 

"Ykas. — Messrs.  Bell,  BiCb,  Black,  Calhoun, 
Chambers,  Clay,  Clayton,  Ewinn,  Foot,  Forsyth, 
Frelinphuyscn,  Grundy,  Ilill,  Holmes,  Johnston, 
King,  Mangum,  Miller,  Moore,  Maudain,  I'oin- 
dcxter.  Rives,  Robinson,  Spraguc,  Tomlinson, 
Tyler,  Waggaman,  White,  Wright. 

"Nays. — Messrs.  Benton,  Biickner,  Dallas, 
Dickerson,  Dudley,  Hendricks,  Knight,  Prentiss, 
Kobbins,  RuggleSj  Seymour,  Silsbec,  Smith,  Tip- 
ton, Webster,  Wilkins." 

And  the  bill  was  then  called  a  "compromise," 
which  the  dictionaries  define  to  be  an  "agreement 
without  the  intervention  of  arbitrators ; "  and  so 
called,  it  was  immediately  proclaimed  to  be 
r-acred  and  inviolable,  as  founded  on  mutual  con- 
sent, although  the  only  share  which  the  manu- 
fiicturing  States  (Pennsylvania,  New  Jersey, 
Maryland,  Massachusetts,  Rhode  Island,  Ver- 
mont) had  in  making  this  "  compromise,"  was 
to  sec  it  sprung  upon  them  without  notice,  ex- 
ecuted upon  them  as  a  surprise,  and  forced  upon 
them  by  anti-tarift"  votes,  against  the  strenuous 
resistance  of  their  senators  and  representatives 
in  both  Houses  of  Congress. 

An  incident  which  attended  tho  discussion  of 
this  bill  shows  the  manner  in  which  great  meas- 
ures—especially a  bill  of  many  particulars,  like 
the  tariff,  which  affords  an  opportunity  of  grati- 
fying fcmall  interests — may  be  worked  tlirough 
a  legislative  body,  even  the  Senate  of  the  United 
States,  by  other  reasons  than  those  derived  from 
its  merits.  The  case  was  this :  There  were  a 
few  small  manufactories  in  Connecticut  and  some 
other  New  England  States,  of  a  coarse  cloth  call- 
ed, not  Kendall  green,  but  Kendall  cotton — 
quite  antithetically,  aa  the  article  was  made 
wlioUy  of  wool — of  which  much  was  also  import- 
ed. As  it  was  an  article  exclusively  ftjr  the  la- 
boring population,  the  tarift*  of  the  preceding 
session  made  it  virtually  free,  imposing  only  a 
duty  of  five  per  centum  on  the  value  of  the  cloth 
aud  the  same  on  the  wool  of  which  it  was  made. 
Now  this  article  was  put  up  in  this  '•  compro- 
mise "  bill  which  was  to  reduce  duties,  to  fifty 
per  Centura,  aggravated  by  an  arbitrary  minimum 


valuation,  and  by  the  legerdemain  of  n'tainiiig 
the  live  per  centum  duty  on  the  foreign  wool 
which  they  used,  and  which  was  equivalent  to 
making  it  free,  and  reduced  to  that  low  rate  to 
harmonize  the  duty  on  the  raw  material  and 
the  cloth.  General  Smith,  of  Maryland,  moved 
to  strike  out  this  duty,  so  flagrantly  in  con- 
trast to  the  professed  objects  of  the  bill,  and 
in  fraud  of  tho  wo(d  duty;  and  that  motion 
brought  out  tho  reason  why  it  was  put  thero 
— which  was,  that  it  was  necessary  to  securo 
the  passage  of  the  bill.  Mr.  Foot,  of  Con- 
necticut, .said:  "  7Va'»  was  an  importanl 
feature  nf  the  bill,  in  which  his  conslituenta 
hud  a  great  interest.  Gentlemen  from  the 
South  had  agreed  to  it;  and  they  were  com- 
petent to  guard  their  own  interest"  Mr.  Clay 
said :  "  The  provision  proposed  to  be  stricken 
out  was  an  essential  part  of  the  compromise, 
which,  if  struck  out,  would  dcstroi/  the  whole." 
Mr.  Boll  of  New  Hampshire,  said :  "  The  pas- 
sage of  the  bill  depended  upon  it.  If  struck 
out,  he  shoidd  feel  himself  compelled  to  vote 
against  the  bill."  So  it  was  admitted  by  those 
who  knew  what  they  said,  that  this  item  had 
been  put  into  the  bill  while  in  a  state  of  concoc- 
tion out  of  doors,  and  as  a  douceur  to  conciliate 
the  votes  which  were  to  pass  it.  Tlicreupon 
Mr.  Benton  stood  up,  and 

"  Animadverted  on  the  reason  which  was  al- 
leged for  this  extraordinary  augn.entation  of 
duties  in  a  bill  which  was  to  redr.ci;  duties.  The 
reason  was  candidly  expressed  ou  this  floor. 
There  were  a  few  small  mauufactoiies  of  these 
woollens  in  Connecticut ;  aud  unless  these  man- 
ufactories be  protected  by  an  increase  of  duties, 
certain  members  avow  their  determination  to 
vote  against  the  whole  bill !  This  is  the  secret 
— no!  not  a  secret,  for  it  is  proclaimed.  It  was 
.1  secret,  but  is  not  now.  Two  or  three  littlo 
factoiies  in  Connecticut  must  be  protected ;  and 
that  by  imposing  an  annual  tax  upon  the  wearers 
of  these  coarse  woollens  of  four  or  five  times  the 
value  of  the  fee-simple  estate  of  the  factories. 
Better  far,  as  a  point  of  economy  and  justice,  to 
purchase  them  and  burn  them.  The  whole 
American  system  is  to  be  given  up  in  tho  year 
1842 ;  and  why  impose  an  oimual  tax  of  near 
five  hundred  thousand  dollars,  upon  the  laboring 
conmumity,  to  prolong,  for  a  few  years,  a  (cw 
small  branches  of  that  system,  when  the  whole 
bill  has  the  axe  to  the  root,  and  nods  to  its  fall? 
But,  said  Mr.  B.,  these  manufactories  of  coarse 
woollens,  to  be  protected  by  this  bill,  are  not 
even  American ;  they  are  rather  Asiatic  estab- 
lishments in  America ;  for  they  get  their  wool 
from  Asia,  and  not  from  America.    The  impor* 


'1 


320 


THIRTY  YEARS'  VIEW. 


^, 


it    f 


tation  of  llii.s  W(M)1  is  one  million  two  liiiiidri'd 
ftiiii  titty  tlioiiHiuiil  (M)iiii(lr4  wt'i);ht ;  it  roincH 
cliii'tly  from  iSmvrim,  luul  coHts  Iohh  thnn  cinlit 
cciitrt  a  pound.  \t  was  made  free  of  duty  at  thi- 
lant  Hi'Msion  of  CongnsHH,  an  an  I'fpiivalont  to  thi'wu 
vi-ry  manufuctoricH  for  the  reduction  of  the  (hity 
on  coarse  wooileuK  to  live  percent.  Tlu'  two 
niea.xureM  went  tOfretlier,  and  were,  each,  ii  con- 
Kiderution  for  the  other.  IJefore  tliat  time,  and 
by  tiie  act  of  IH'2H,  this  coarno  wool  was  heavily 
duf  ied  for  the  iK-iielit  of  the  home  wool  growers. 
It  wa.s  Hul)jected  to  a  double  duty,  one  of  four 
cents  on  the  iM)und,  and  the  other  of  fifty  ikt 
cent,  on  the  value.  As  a  measure  of  compromise, 
this  double  duty  was  abolisheil  at  the  last  session. 
The  wool  for  these  factories  was  admitted  duty 
free,  and,  as  an  ctiuivalent  to  the  community, 
the  woollens  niadeout  of  the  corresponding  kii'd 
of  wool  were  admitted  nt  a  nominal  duty.  It 
was  a  bar^tftin,  entered  into  in  o|H'n  Congress, 
and  sealed  with  all  the  forms  of  law.  Now,  'n 
six  months  after  the  bar(;ain  was  made,  it  is  to 
be  broken.  The  manufacturers  are  to  have  the 
duty  on  woidlens  run  up  to  fifty  per  cent,  for 
protection,  and  are  still  to  receive  tlie  foreipi 
wool  free  of  duty.  In  plain  Kn;ilish,  they  are 
to  retain  the  pay  which  was  given  them  for  re- 
ducing the  duties  on  these  coarse  woollens,  and 
they  are  to  have  the  tluties  restored. 

"  He  said  it  was  contrary  to  the  wliole  tenor 
and  policy  of  the  bill,  and  presented  the  strange 
contradiction  of  multiplying  duties  tenfold,  upon 
an  article  of  prime  necessity,  used  exclusively 
by  the  laboring  part  of  the  community,  while 
reducing  duties,  or  abolishing  them  in  folt>,  upon 
every  article  vised  by  the  rich  and  luxurious. 
Silks  were  to  be  free ;  cambrics  and  tine  linens 
were  to  be  free ;  muslins,  and  casimeres,  and 
broad  cloths  were  to  be  reduced  ;  but  the  coarse 
woollens,  worn  by  the  laborers  of  every  color 
and  every  occupation,  of  every  sex  and  of  every 
ape,  bond  or  fret — these  coarse  woollens,  neces- 
sary to  shelter  the  exposed  laborer  from  cold 
and  damp,  are  to  be  put  up  tenfold  in  point  of 
tax,  and  the  cost  of  procuring  them  doubled  to 
the  wearer. 

"  The  American  value,  and  not  the  foreign 
co.st,  will  be  the  basis  of  computation  for  the 
twenty  per  cent.  The  difference,  when  all  is  fair, 
is  about  thirty-five  per  cent,  in  the  value ;  so 
that  an  importation  of  coarse  woollens,  costing 
one  million  in  Europe,  and  now  to  pay  five  per 
cent,  on  that  cost,  will  be  valued,  if  all  is  fair,  at 
one  million  three  hundred  and  fifty  thousand 
dollars ;  and  the  twenty  per  cent,  will  be  cal- 
culated on  that  sum,  and  will  give  two  hundred 
and  seventy  thousand  dollars,  instead  of  two 
hundred  thousand  dollars,  for  the  quantum  of 
the  tax.  It  will  be  near  sixfold,  instead  of  four- 
fold, and  that  if  all  is  fair ;  but  if  there  are  gross 
errors  or  gross  frauds  in  the  valuation,  as  every 
human  being  knows  there  must  be,  the  real  tax 
may  be  far  above  sixfold.  On  this  very  floor, 
and  in  this  very  debate,  we  hear  it  computed,  by 
waj  of  recomiucnding  this  bill  to  the  manufac- 


turers, that  the  twenty  per  cent,  on  the  Rtatut« 
book  will  exceed  thirty  in  the  cuMtom-house. 

'*  Mr.  R.  took  a  view  of  the  circimiBtancea 
which  had  attended  (he  duties  on  these  coarne 
woollens  since  he  bad  Ix-en  in  Congress.  Kverjr 
act  had  discriminated  in  favor  of  these  goods, 
Ix'cause  they  were  used  by  the  poor  and  thu 
laborer.  The  act  of  IH'21  fl,\ed  the  duties  u|Min 
them  at  a  rateont>  third  less  than  on  other  wool- 
lens ;  the  a<'t  of  IHiiH  flxeil  it  at  upwards  of  one 
hairless;  the  mt  of  IH:\'2  fixed  it  nine  tenth* 
less.  All  these  discriujinations  in  favor  of  coai-so 
woollens  were  made  \i\Hm  the  avowed  principle 
of  favoring  the  laborers,  bond  ami  five, — the 
slave  which  works  the  field  for  his  master,  the 
mariner,  the  miner,  the  steamboat  hand,  the 
worker  in  stone  and  wood,  and  every  out-door 
i)crupation.  It  was  intended  by  the  framers  of 
all  these  acts,  and  especially  by  the  supjHiiters 
of  the  act  of  18."{2,  that  this  class  of  our  popula- 
tion, so  meritorioiis  from  their  daily  labor,  so 
much  overlooked  in  tlu!  opirations  of  the  gov- 
ernment, because  of  their  little  weight  in  the 
|M)litical  scale,  shoukl  at  least  rective  one  boon 
i'rom  Congress — they  shotd<l  receive  their  work- 
ing clothes  free  of  tax.  This  was  the  intention 
of  successive  Congresses ;  it  was  the  jierforniancu 
of  this  Congress  in  its  act  of  the  last  session; 
and  now,  in  six  short  months  since  this  boon 
was  granted,  before  the  act  hail  gon(>  Into  ift'cct, 
the  very  week  before  the  act  was  to  go  into 
elTect,  the  boon  so  lately  grantiMl.  is  to  be  mi;iI<1i('i| 
away,  and  the  day  laborer  taxed  higher  than  ever; 
taxed  fifty  i)er  cent,  upon  his  working  clothes! 
while  gentlemen  and  ladies  are  to  have  silks  and 
ciunbrics,  and  fine  linen,  free  of  any  tax  at  all ! 

"  In  allusion  to  the  alleged  competency  of 
the  South  to  guard  its  own  interest,  i\s  averrd 
by  Mr.  Foot,  Mr.  Benton  said  that  was  a  sptcits 
of  ability  not  confined  to  the  South,  but  existint 
aLso  in  the  North — whether  indigenous  or  exotio 
he  could  not  say — but  certainly  existent  there, 
at  least  in  .some  of  the  small  States  ;  and  active 
when  duties  were  to  be  raised  on  Kendal  cottou 
cloth,  and  the  wool  of  which  it  was  made  to  re- 
main free." 

The  motion  of  General  Smith  was  rejected, 
of  course,  and  by  the  same  vote  which  passed 
the  bill,  no  one  of  those  giving  way  an  inch  of 
ground  in  the  House  who  had  promised  out  of 
doors  to  stand  by  the  bill.  Another  incident  to 
which  the  discussion  of  this  bill  gave  rise,  and 
the  memory  of  which  is  necessary  to  the  under- 
standing of  the  times,  was  the  character  of 
^^ protections^  which  Mr.  Clay  openly  claimed 
for  it ;  and  the  peremptory  manner  in  which  ho 
and  his  friends  vindicated  that  claim  in  open 
Senate,  and  to  the  face  of  Mr.  Calhoun.  The 
circumstances  were  these :  Mr.  Forsyth  object- 
ed to  the  leave  asked  by  Mi-.  Clay  to  introduw  j 
his  bill,  because  it  was  a  revenue  bill,  the  orig^ 


ji  ..isiiua, 

mm 


ANNO  18311.     ANDREW  JACKSON,  rRlvSlDENT. 


321 


;,  the  BtotuU 
«tom-houHo. 
:ircvm»Btftnce« 
thcHC  coari"? 
ercBH.     Kvory 

,r  tl\C8C   |!0"''«l 

i,oov  BUil  tl>e 
l,c  autii's  uiH.n 
„n  ..tlurwwl- 
inwnrtlrt  of  one 

it  nine  lti»t'>» 
,r,ivor<'f  ccmrso 

mkI  frve,— the 
•  hu*  inft'*^*^''')  ^'"' 
jlKUvt  liixnil,  l^»« 
I  every  (>"l-*>o"' 
,y  thi-  frnini'rs  of 
Y  the  suriHMti-M 

ia  «if  <">'■  V"l'"''^" 
;,.  (luily  ItiVx)!-,  S.) 

itioi.s  oV  the  nuv- 

tie  woi!;:ht  "»  tlie 

ri.ci.ivf  owe  Iwxin 

was  Uw  intent  inn 
ftsthcverfonuance 
f  the  l»«t  section ; 
1,^  H-inco  t\iis  l.o.m 
■n,l  non<!  into  elWct, 
„..t  was  to  t:..  "'to 

U.,l  Wtolii'^n'''"''''"' 
ccdhiKhcr  than  ever; 

;'sUrkmp  clothes 

^rc  to  have  silks  uuJ 

of  any  tax  lit  ttU. 

.interest,  as  ftvenxHl 
iathatwasasiKWS 

.Sonlh,b"t«X"*^^'"' 
indi-enousoroxotio 

ainlj- existent  there 

^/on  Kendal  cotton 
it  was  made  to  rc- 

IStnith  was  rejected, 
vote  which  vasscd 


vins  way  an 


inch  of 


[had  promised  out  ot 
Another  incident  to 

k  bill  gave  rise,  and 
IccEsarytothemuler- 
las  the  character  of 
:iay  openly  cluhned 
manner  in  which  ho 
that  claim  in  open 
Mr.Calhoim.    ihe 
Mr.  Forsyth  ohject- 


Mr.  Clay  to  in' 


troduM 


bvcnue  bill,  the  origv 


nation  of  which  under  the  constitution  exclu- 
sively bc'loii;;e(l  to   tlie    IIoiLsu  of   Uepresciita- 
tiveH,  the  immediate  reprcBcntative  of  tliu  |H!o- 
plc.     And  thJH  Rave  rise  to  an  episodicsil  debate, 
in  which  Mr,  Clay  said  :  "  Thi'  vuiin  ohjtrt  of 
thf  bill  I"  ""'  revenue,  hut  prolccliim." — In  aii- 
swiT  to  several  Henators  who  said  tlic  bill  w»s 
an  abandonment  of  the  protective  principlo,  Mr. 
Clny  said  :  "  The  lans^udf^e  af  the  hill  duthor- 
{zed  »(0  such  const ntction,  imd  that  no  one 
voulil  be  jualijied  in  inferriuff  that  there  wan 
to  be  an  abandonment  of  the  mjHtein  (f  protec- 
tion."— And  Mr.  Clayton,  of  Delaware,  a  Biip- 
jiorter  of  the  bill,  said ;  "  The  gorernuie.nt  can- 
mi  be  kept  together  if  the  principle  of  protcc- 
tcction  were  to  be  discarded  in  our  policy; 
and  declared  that  he  would  pause  before  he 
mrrrndered  that  principle,  even  to  save  the 
Lmun."—Mr.   Webster    said :     "  The    bill   is 
brought  forward  by  the  distinguished  senator 
from   Kentucky,  who   profetmes  to   hare  re- 
nounced none  of  his  former  viinious  as  to  the 
cnnstitutionulity  and   e.rpcdie  icy  of  protec- 
tion."—Awd  Mr.  Clay  said  further :  "  The  bill 
asitumes,  as  a  Inisis,  adeipiate  protection  for 
nine  years,  and  less  (protectimi)  beyond  that 
turiit.     The  friends  of  protection  say  to  their 
ifpommts,  we  are  willing  to  lake  a  lease  of 
nine  years,  with  the  long  chapter  of  accidents 
hi'ijond  that  period,  inclwling  the  chance  of 
•j-ar,  the  restoration  of  concord,  and  along 
mlh  it  a  conciclion  common  to  all.  of  the  util- 
ity of  protection  ;  and  in  consideration  of  it, 
if.  in  1842  none  of  these  contingencies  shall 
hiire  been  realized,  we  are  willing  to  submit, 
(W  long  as  Congress  may  think  proper,  with  a 
maximum  of  twenty  per  centum,"  &c. — "//e 
(imced  his  object  in  framing  the  bill  was  to 
s'fiire  that  protection  to  manufactures  wihich 
ihry  one  foresaw  must  otherwise  soon  be  sicept 
amy."    So  that  the  bill  was  declared  to  be  one 
4 protection  (and  tipon  sufficient  data),  upon 
a  lease  of  nine  years  and  a  half,  with  many 
cliances  for  converting  the  lease  into  a  fee  sim- 
ple at  the  end  of  its  run ;  which,  in  fact,  was 
done ;  but  with  such  excess  of  protection  as  to 
produce  a  revulsion,  and  another  tariff  catastro- 
phe in  1846.     The  continuance  of  protection 
T;is  claimed  in  ailment  by  Mr.  Clay  and  his 
friends  throughout  the  discussion,  but  here  it 
ws  made  a  point  on  which  the  fate  of  the  bill 
depended,  and  on  which  enough  of  its  friends  to 

Vol.  I.— 21 


defeat  it  declared  they  would  .tot  support  it  ex- 
cept as  a  protective  meitMiire.  Mr.  Calhoun  in 
other  parts  of  the  debate  had  <leclared  the  bill 
to  bo  an  abandonment  of  protection  5  but  at 
this  critical  point,  when  such  a  denial  from  him 
would  have  been  the  instant  death  warrant  of 
the  bill,  he  said  nothing.  Ilix  desire  for  its  pas- 
sago  must  ha>e  been  oyerpowering  when  he 
could  Iiear  such  declarations  without  repeating 
his  denial. 

On  the  main  point,  that  of  the  constitutionali- 
ty of  originating  the  bill  in  the  iSenato,  Mr.  Web- 
ster spoke  the  law  of  Parliament  when  ho  said : 

"  It  was  purely  a  question  of  privilege,  and 
the  decision  of  it  belonged  alone  to  the  other 
House.  The  Senate,  by  the  constitution,  could 
not  originate  bills  for  raising  revenue.  It  was 
of  no  consequence  whether  the  rate  of  duty 
were  increased  or  derrea.'fed  ;  if  it  was  a  money 
bill  it  iR'Ionged  to  the  House  to  originate  it. 
In  the  House  there  was  a  Committee  of  Ways 
and  Means  organized  expressly  for  such  objects. 
There  was  no  such  committee  in  the  ■  enate. 
The  constitutional  provision  was  taken  '' om  tho 
practif'  of  the  British  Parliament,  whose  usages 
were  w  ell  known  to  the  framers  of  the  constitu- 
tion, with  the  modification  that  the  Senate  might 
alter  and  amend  money  bills,  which  was  denied 
by  tho  House  of  Commons  to  the  Lords.  This 
subject  belongs  exclusively  to  the  House  of 
Representatives.  The  attempt  to  evade  tho 
question,  by  contending  that  tho  present  bill 
was  intended  for  protection  and  not  for  revenue, 
all'orded  no  relief,  for  it  was  protection  by  means 
of  revenue,  it  was  not  the  less  a  money  bill' 
from  its  object  being  protection.  After  1842 
this  bill  would  raise  the  revenue,  or  it  would 
not  be  raised  by  existing  laws.  He  was  alto- 
gether opposed  to  the  provisions  of  this  bill ; 
but  this  objection  was  one  which  belonged  to 
the  House  of  Kepresentatives." 

Another  incident  which  illustrates  tho  vice 
and  tyranny  of  this  outside  concoction  of  mea- 
sures between  chiefs,  to  be  supported  in  tho^ 
House  by  their  adherents  as  they  fix  it,  occur- 
red in  the  progress  of  this  bill.  Mr.  Benton, 
perceiving  that  there  was  no  corresponding  re- 
duction of  drawback  provided  for  on  the  expor- 
tation of  the  manufactured  article  made  out  of 
an  imported  material  on  which  duty  was  to  be 
reduced,  and  supposing  it  to  have  been  an  over- 
sight in  the  framing  of  the  bill,  moved  an 
amendmeut  to  that  effect ;  and  meeting  resist- 
ance, stood  up,  and  said : 

"His  motion  did  not  extend  to  the  general 
bystcm  of  drawbacks,  but  oulj^  to  those  special: 


■  ( 


322 


TniRTY  YEARS'  VIEW. 


cascR  in  which  tho  cxpor  nr  was  authnri/od  to 
draw  from  the  treasury  he  amount  of  money 
which  he  had  paid  into  it  on  the  importation  of 
the  matcriais  which  he  had  manufactured.  The 
amount  of  drawback  to  be  allowed  in  every  case 
liad  been  adjusted  to  the  amount  of  duty  paid, 
and  as  all  these  duties  were  to  be  periodically 
reduced  by  the  bill,  it  would  follow,  as  a  regti- 
l;ir  con.sequence,  that  the  drawback  should  un- 
dergo equal  reductions  at  the  same  time.  Jlr. 
IJ.  would  illustrate  his  motion  by  stating  a  sin- 
pic  case — the  case  of  refined  sugar.  The  draw- 
back payable  on  this  sugar  was  five  cents  a 
pound.  These  five  cents  rested  upon  a  duty  of 
tlrr>'e  cents,  now  payable  on  the  importation  of 
foreign  brown  sugar.  It  was  a&certained  that 
it  required  nearly  two  pounds  of  brown  sugar 
to  make  a  pound  of  refined  sugar,  and  five  cents 
was  held  to  be  the  amount  of  duty  paid  on  the 
quantity  of  brown  sugar  which  made  the  pound 
of  refined  sugar.  It  was  simjily  a,  reimburse- 
ment of  what  he  had  paid.  By  this  bill  the 
duty  of  foreign  brown  sugar  will  be  reduced  im- 
mediately to  two  and  a  half  cents  a  pound,  and 
afterwards  will  be  periodically  reduced  until  the 
year  1842.  when  it  will  be  but  six-tenths  of  a 
cent,  very  little  more  than  one-sixth  of  the  duty 
when  five  cents  the  pound  were  allowed  for  a 
drawback.  Now,  if  the  drawback  is  not  re- 
duced in  proportion  to  the  reduction  of  tho  duty 
on  the  raw  sugar,  two  very  injurious  conse- 
quences will  result  to  the  public :  first,  that  a 
large  sum  of  money  will  be  annually  taken  out 
of  the  treasury  in  gratuitous  bounties  to  sugar 
refiners ;  and  next,  that  the  consumers  of  refin- 
ed sugar  wi!!  h,ive  to  pay  more  for  American 
refined  .  ".g?r  thiin  foreigners  will ;  for  the  re- 
finers getting  a  bounty  of  five  cents  a  pound  on 
all  that  is  exported,  will  export  all,  unless  the 
American  consumer  will  pay  the  bounty  also. 
Mr.  B.  could  not  undertake  to  say  how  much 
money  would  be  drawn  from  the  treasury,  as  a 
mei-e  bounty,  if  this  amendment  did  not  prevail. 
It  must,  however,  be  great.  The  drawback  was 
now  frequently  a  hundred  thousar.d  dollars  a 
year,  and  great  frauds  were  committed  to  obtain 
it.  Frauds  to  the  amount  of  forty  thousand 
dollars  a  year  had  been  detected,  and  this  while 
the  inducement  was  small  and  inconsiderable; 
but,  as  fast  as  that  inducement  swells  from  year 
to  year,  the  temptation  to  commit  frauds  must 
increase ;  and  the  amount  drawn  by  fraud,  add- 
ed to  that  drawn  by  the  letter  of  the  law,  must 
be  enormous.  Mr.  B.  did  not  think  it  necessary 
to  illustrate  his  motion  by  further  examples, 
but  said  there  were  other  cases  which  would  be 
as  strong  as  that  of  refined  sugar;  and  justice 
to  the  public  required  all  to  be  checked  at  once, 
by  adopting  the  amendment  he  had  otlered." 

This  amendment  was  lost,  although  its  neces- 
sity was  self-evident,  and  supported  by  Mr.  Cal- 
houn's vote  ;  but  Mr.  Clay  was  inexorable,  and 
would  allow  uf  no  amendment  which  was  not 


offered  by  friends  of  tho  bill ;  a  qtialification 
which  usually  attends  all  this  class  of  outside 
legislation.  In  the  end,  I  saw  the  amendment 
adopte<l,  as  it  regarded  refined  sugars,  after  ii 
began  to  take  hundn-ds  of  tiiousands  per  annum 
from  the  treasury,  and  was  hastening  on  to  mil- 
lions per  annum.  The  vote  on  its  rejection  in 
the  compromise  bill,  was : 

"  Yeas. — Messrs.  Benton,  Buckner,  Calhoun 
Dallas,  Dickerson,  Dudley,  Forsyth,  Johnson,' 
Kane,  King,  Rives,  Rob'nson,  Seymour,  Tomlin- 
son,  Webster,  White,  Wilkins,  Wright.— 18. 

"Nays.— Messrs.  Bell,Bilb,  Black,  Clay,  Clay- 
ton, Ewiug,  Foot,  Grundy,  Hendricks,  Holmes, 
Knight,  Mangum,  Miller.,  Moore,  Naudain,  Poin- 
dextei  Prentiss,  Bobbins,  Silsbee,  Smith 
Sprague,  Tipton,  Troup,  Tyler.— 24."  ' 

But  the  protective  feature  of  the  bill,  which 
sat  hardest  upon  tht  Southern  members,  and,  at 
one  time,  seemed  to  put  an  end  to  the  "compro- 
mise," was  a  proposition,  by  Mr.  Clay,  to  sub- 
stitute home  \  Tluations  for  foreign  on  imported 
goods ;  and  on  which  home  valuation,  the  dutv 
was  tc  Ik)  computed.     This  was  no  part  of  the 
bill  concocted  by  Mr.  Clay  and  Mr.  Calhoun; 
and,  when  offered,  evidently  took  the  latter  gen- 
tleman by  surprise,  who  pronounced  it  uncon- 
stitutional, unequal,  and  unjust ;  averred  the  ob- 
jections to  the  proposition  to  be  insurmount- 
able ;  ar  d  doclared  that,  if  adopted,  would  compel 
him  to  vote  against  the  whole  bill.    On  the 
other  hand,  !Mr.  Clayton  and  others,  declared 
the  adoption  of  the  amendmeut  to  be  indispensa- 
ble ;  and  boldly  made  known  their  determina- 
tion tc  sacrifice  the  bill,  if  it  was  not  adojitcd, 
A  brief  and  shaip  debute  took  place,  in  the  I 
course  of  which  Mr.  Calhcun  declared  his  opi  i- 
ions    to   remain    unaltered,  and  Mr,  Clayton  I 
moved  to  lay  the  bill  upon  the  table.    Its  fate 
seemed,  at  that  time,  to  be  scaled ;  and  certainlj  I 
would  have  been,  if  the  vote  on  its  passage  had! 
then   been  taken;   but   an  adjournment  wasl 
moved,  and  carried ;  and,  on  the  next  day,  andl 
after  fi;rther  debate,  and  the  question  on  Jir.[ 
Clay's  proposition  about  to  be  taken,  Mr.  Cal-f 
houn  declared  that  it  had  become  necessary  fori 
him  to  determine  whether  he  would  vote  foror| 
against  it ;  said  he  would  vote  for  it,  otherwis 
the  bill  would  be  lost.     He  then  called  upon! 
the  reporters  in  the  gallery  to  notice  well  whal 
he  said,  as  he  intended  his  declaration  to  bcpai 
of  the  proceedings :  and  that  ho  voted  upon  t 
conditions :  first,  that  no  valoation  should  1 


ANXO  1833.    ANDREW  JACKSON,  PRESIDENT. 


323 


U:  a  qualification 
lis  class  of  outside 
aw  the  amcndmenl 
icd  sugars,  after  ii 
lousands  per  annum 
lastcning  on  to  mil- 
,  on  its  rejection  in 

Buckner,  Calhoun, 
'  Forsyth,  Johnson, 
,n,  Seymour,  Tomlin- 
:ins,  Wright  -18. 
lb,  Black,  Clay,  Clay- 

Ilendricks,  Holmes, 
ioorc,  Naudain,  Poin- 
ds, Silslx^e,  Smith, 
ry\er.-2-l." 

ure  of  the  bill,  which 

them  members,  and,  at 

,nendtothe"compro- 

,,  by  Mr.  Clay,  to  sulj- 

br  foreign  on  imported 

,nie  valuation,  the  duty 

his  was  no  part  of  the 

Jlay  and  Mr.  Calhoun: 

ntly  took  the  latter  gen- 

o  pronounced  it  uncon- 

unjust;  averred  the  ob- 

itioii  to  be  insurmount- 

if  adopted,  would  compel 

he  whole  bill.    On  the 

on  and  others,  declared 

ndmeiittoboindispcnsa- 

known  their  dctermina- 

,1,  if  it  was  not  adoptol. 

fate  took  place,  in  vV 

llhcun  declared  his  opii- 

[tered,  and  Mr.  Clayton 

upon  the  table.    Its  fate 

p  be  scaled;  and  certainly 

[c  vote  on  its  passage  had 
ut  an  adjournment  was 
nd,on  the  next  day,  and 

ind  the  question  on  >ir. 
,ut  to  be  taken,  Mr.  Cal- 
lad  become  necessary  for 
■vher  he  would  vote  foror| 

,«ld  vote  for  it,  otheofw 
,t.  He  then  called  «F 
Llcryto  notice  wclWM 
I  his  declaration  to  be  pf 
ind  that  ho  voted  uponj 
t  no  valuation  should 


adopted,  which  would  make  the  duties  unequal 
in  different  parts ;  and.  secondly,  that  the  duties 
themselves  should  not  become  an  dement  in  the 
Taluation.  The  practical  sense  of  C  eneral  Smith 
immediately  exposed  the  futility  of  these  con- 
ditions, which  were  looked  upon,  on  all  sides,  as 
a  mere  salvo  for  un  inevitable  vote,  extorted  frora 
him  by  the  exigencies  of  his  position ;  and  seve- 
ral senators  reminaod  him  that  his  intentions 
and  motives  could  have  no  cfiFect  upon  the  law, 
which  would  be  executed  according  to  its  own 
words.  The  following  is  the  debate  on  this 
point,  very  ourious  in  itself,  even  in  the  outside 
view  it  gives  of  the  manner  of  affecting  great 
national  legislation  ;  and  much  more  so  in  the  in- 
siJe  view  of  the  manner  of  passing  this  particular 
measure,  so  lauded  in  its  day ;  and  to  understand 
wliich,  the  outside  view  must  first  be  seen.  It 
appears  thus,  in  the  prepared  debates : 

"  Mr.  Clay  now  rose  to  propose  the  amend- 
ment, of  which  he  had  previously  given  notice. 
Tlie  object  was,  that,  after  the  period  prescribed 
by  the  bill,  all  duties  should  thereafter  be  as- 
si'ssed  on  a  valuation  made  at  the  port  in  which 
the  goods  are  first  im|)orte(l,  and  under  '  such 
regulations  as  may  be  prescribed  by  law.'    Mr. 
C,  said  it  would  be  seen,  by  this  amendment, 
that,  in  place  of  having  a  foreign  valuation,  it 
was  intended  +o  have  a  home  one.    It  was  be- 
lieved by  the  niends  of  the  protective  system, 
that  such  a  regulation  was  necessary.    It  was 
k'lievod  by  many  of  the  friends  of  the  system, 
that,  iifter  the  period  of  nine  and  a  half  years, 
the  most  of  our  manufactures  will  be  sufficiently 
^own  to  bo  aMe  to  support  themselves  ''.iider  a 
duty  of  twenty  per  cent.,  "f  properly  laid ;  but 
that,  under  a  system  of  foreign  valuation,  such 
would  not  !)&  the  case.     They  say  that  it  would 
kmore  d.'tW.ncntal  to  their  interests  than  the 
lowest  sct.le  of  dy  *ies  that  could  be  imposed ;  and 
rai  propose  to  fix  a  standard  of  duties.     They 
are  willing  to  take  you  at  your  word,  provided 
Toil  regulate  this  in  a  way  to  do  them  justice. 

".Mr.  Smith  opposed  the  amendment,  m  the 
IfTOiind  th»t  it  would  be  an  increase  of  duties ; 
|tkt  it  hai  been  tried  before;  that  it  would  be 

mpracticable,  '.ti:equal,  unjust,  and  productive 

»f  confusion,  inasmuch  as  imported  goods  were 

)D>tantly  varying  in  value,  and  were  well  known 
be,  at  all  timos,  cheaper  in  New- York  than  in 

ie  commercial  cities  south  of  it.    This  would 

bve  the  etl'ect  of  drawing  all  the  trade  of  the 

"iiited  States  to  New-York. 
"Mr.  Clay  said  he  did  not  think  it  expedient, 
deciding  this  question,  to  go  forward  five  or 
ye!;rs,  and  make  that  an  obstacle  to  the  pas- 

i^  of  h  great  national  measure,  which  is  not 
go  into  operation  until  after  that  period.   The 

snorable  senator  from  Maryland  said  that  the 
»sure  would  be  impracticable.    Well,  sir,  if 


80,  it  will  not  be  adopted.  We  do  not  adopt 
it  now,  said  Mr  C. ;  we  only  adopt  the  princi- 
ple, leaving  it  to  future  legislaticn  to  adjust  the 
details.  Besides,  it  would  be  the  restoration  of 
an  ancient  principle,  known  since  the  foinida- 
tion  of  the  government.  It  was  but  at  the  last 
session  that  the  discriminating  duty  on  goods 
coming  from  this  side,  and  beyond  the  Cape  of 
Good  Hope,  ten  per  cant,  on  one,  and  twenty 
per  cent,  on  the  other,  was  repealed.  On  what 
principle  was  it,  said  he,  that  this  discrimination 
ever  prevailed  ?  On  the  principle  of  the  home 
value.  Were  it  not  for  the  fraudulent  invoices 
which  every  gentleman  in  this  country  was  fa- 
miliar with,  he  would  not  urge  the  amendment ; 
but  it  was  to  detect  and  pi  ti vent  these  frauds 
that  he  looked  upon  the  insertion  of  the  clause 
as  essentially  necessary. 

"  Mr.  Smith  replied  that  he  had  not  said  that 
the  measure  was  impracticable.  He  only  in- 
tended to  say  that  it  would  bo  inconvenient  and 
unjust.  Neither  did  he  say  that  it  would  be 
adopted  by  a  future  Congress ;  but  he  said,  if 
the  principle  was  adopted  now,  it  would  be  an 
entering  wedge  that  might  lead  to  the  adoption 
of  the  measure.    Wo  all 


recollect,  said  Mr. 


S., 


that  appropriations  were  madn  for  surveys  for 
internal  improvements ;  and  that  these  oj)crated 
as  entering  wedges,  and  led  to  appropriations 
for  roads  and  canals.  The  adoption  of  the  prin- 
ple  contended  for,  by  the  senator  from  Kentu')ky, 
would  not,  in  his  (Mr.  S.'i')  opinion,  prevent 
frauds  in  the  invoices.  That  very  principle  was 
the  foundation  of  all  the  frauds  on  the  revenue 
of  France  and  Spain,  wb  re  the  duties  were  as- 
sessed according  to  the  value  of  the  goods  in  the 
ports  where  entered.  He  again  said  that  the 
effect  of  the  amendment  would  be  to  draw  the 
principal  commerce  of  the  country  to  the  great 
city  of  Ne.7-  York,  where  goods  were  cheaper. 

''Mr.  Forsyth  understood,  from  what  had 
fallen  from  the  senator  froir  Kentucky,  that  this 
was  a  vital  question,  and  on  it  depended  the  suc- 
cess of  this  measure  of  conciliation  and  compro- 
mise, which  was  said  to  settle  the  distracted  con- 
dition of  the  country.  In  one  respect,  it  was 
said  to  be  a  vital  question  ;  and  the  next  was,  it 
was  useful ;  and  a  strange  contradiction  follow- 
ed :  that  the  fate  of  this  measure,  to  unite  the 
jarrings  of  brother  with  brother,  depended  on 
the  adoption  of  a  principle  which  might  or  might 
not  be  adopted.  He  c(»nsidered  the  amendment 
wrong  in  principle,  because  it  would  be  both 
unequal  and  unjust  in  its  ojMjration,  and  because 
it  would  raise  the  revenie :  as  the  duties  would 
be  ash'  ssed,  not  only  on  the  value  of  the  goods 
»t  the  place  whence  imported,  but  on  their  value 
at  the  plane  of  importation.  He  would,  htnvever, 
vote  for  the  bill,  even  if  the  amciidment  were  in- 
corporated in  it,  provided  lie  had  the  assurances, 
from  the  proper  quarter,  that  it  would  efloct  the 
conciliation  and  compromise  it  was  intended  lor. 

"Mr.  Clay  had  brought  forward  this  measure, 
with  tlie  hope  that,  in  the  course  of  its  disous- 
eion,  it  would  ultimitlely  assume  such  a  shapo 


324 


THIRTY  YEARS'  VIEW. 


<!'        .'™ 


as  to  reconcile  all  parties  to  its  adoption,  and 
tend  to  end  the  agitation  of  this  unsettled  ques- 
tion. If  there  be  any  member  of  this  Congress 
(Mr.  C.  said),  who  says  that  he  will  take  this 
bill  now  for  as  much  as  it  is  ir*h,  and  that  he 
will,  at  the  next  Congress,  n£  .  open  the  ques- 
lion,  for  the  purpose  of  gettuig  a  better  bill,  of 
biinging  down  the  tariff  to  a  lower  standard, 
without  considering  it  as  a  final  measure  of  com- 
promise and  conciliation,  calculated  also  to  give 
stability  to  a  man  of  business,  the  bill,  in  his 
eyes,  would  lose  all  its  value,  and  he  should  be 
constrained  to  vote  against  it. 

"  It  was  for  the  salte  of  conciliation,  of  nine 
years  of  peace,  to  give  tranquility  to  a  disturbed 
and  agitated  country,  that  he  had,  even  at  this 
late  period  of  the  session,  introduced  this  mea- 
sure, which,  his  respect  for  the  other  branch  of 
the  legislature,  now  sitting  in  that  building,  and 
who  had  a  measure,  looking  to  the  same  end,  be- 
fore them,  had  prevented  him  from  bringing  for- 
ward at  an  earlier  period.  But,  when  he  had 
seen  the  session  wearing  away,  without  the 
prospect  of  any  action  in  that  other  body,  he 
felt  himself  compelled  to  come  forward,  though 
contrary  to  his  wishes,  and  the  advice  of  some 
of  his  best  friends,  with  whom  he  had  acted  in 
the  most  perilous  times. 

"  Mr.  Calhoun  said,  he  regretted,  exceedingly, 
that  the  senator  from  Kentucky  had  felt  it  his 
duty  to  move  the  amendment.  According  to  his 
present  impressions,  the  objections  to  it  were 
insurmomitable ;  and,  unless  these  were  remov- 
ed, he  should  be  compelled  to  vote  against  the 
whole  bill,  should  the  amendment  be  adopted. 
The  measure  proposed  was,  in  his  opinion,  un- 
constitutional. The  constitution  expressly  pro- 
vided that  no  preference  should  Ije  given,  by  any 
regulation  of  commerce,  to  the  ports  of  one  State 
over  those  of  another ;  and  this  would  be  the 
efl'ect  of  adopting  the  amendment.  Thus,  great 
injustice  and  inequality  must  necessarily  result 
from  it ;  for  the  price  of  goods  being  cheaper  in 
the  Xorthcrn  tl<  in  in  the  Southern  cities,  a  home 
valuation  would  give  to  the  former  a  preference 
in  the  payment  of  duties.  Again,  the  price  of 
goods  being  higher  at  New  Orleans  and  Charles- 
ton than  at  New-York,  the  freight  and  insurance 
also  being  higher,  together  with  the  increased 
expenses  of  a  sickly  climate,  would  give  such 
advantages  in  the  amount  of  duties  to  the  Nor- 
thern city,  as  to  draw  to  it  much  of  the  trade  of 
the  Southern  ones.  In  his  view  of  the  subject,  this 
was  not  all.  He  was  not  merchant  enough  to 
say  what  would  be  the  extent  of  duties  under 
this  system  of  home  valuation ;  but,  as  he  under- 
stood it,  they  must,  of  consequence,  be  progress- 
ive. For  instance,  an  article  is  brought  into 
New- York,  value  there  100  dollars.  Twenty 
per  cent,  on  that  would  raise  the  value  of  the 
article  to  one  hundred  and  twenty  dollars,  on 
which  value  a  duty  of  twenty  per  cent,  would 
be  assessed  at  the  next  importation,  and  so  on. 
It  would,  therefore,  be  impossible  to  say  to  what ; 
extent  the  duties  would  run  up.  Ho  regretted  the ' 


more  that  the  senator  from  Kentucky  had  feit  jt 
his  duty  to  offer  this  amendment,  as  he  ^.\  as  willing 
to  leave  the  matter  to  the  decision  of  a  future  Con- 
gress, though  he  did  not  see  how  they  could  get 
over  the  insuperable  constitutional  objections  he 
lud  glanced  at.    Mr.  C.  appealed  to  the  senator 
from  Kentucky,  whether,  with  these  views,  i;e 
would  press  his  amendment,  when  he  had  eight 
or  nine  years  in  advance  before  it  could  take  ef- 
fect.   He  understood  the  argument  of  the  senator 
from  Kentucky  to  be  an  admission  that  tlie 
amendment  was  not  now  absolutely  necessary. 
With  respect  to  the  apprehension  of  frauds  on 
the  revenue,  Mr.  C.  said  that  every  future  Con- 
gress would  have  the  strongest  dispcsition  to 
guard  against  them.    The  very  reduction  of  du- 
ties,  he  said,  would  have  that  effect;  h  woiiW 
strike  at  the  root  of  the  evil.    Mr.  0.  said  ht 
agreed  with  the  senator  from  Kentucky,  that 
this  bill  will  be  the  final  effort  at  conciliation  and 
compromise ;  and  he,  for  one,  was  not  disposecL 
if  it  passed,  to  violate  it  by  future  legislation. 

"Sir.  Clayton  said  that  he  could  not  vote  for 
this  bill  without  this  amendment,  nor  would  lie 
admit  any  idea  of  an  abandonment  of  the  protec- 
tive system  ;  while  he  was  willing  to  pass  thi, 
measure,  as  one  of  concession  from  the  strounr 
to  the  weaker  party,  he  never  could  agree  tiiat 
twenty  per  cent,  was  adequate  protection  to  our 
domestic  manufactures.  He  had  been  auxions 
to  do  something  to  relieve  South  Carolina  from 
her  present  perilous  position;  thouj^h  he  had 
never  been  driven  by  the  taunts  of  Soiithirn 
gentlemen  to  do  that  which  he  now  did,  for  tlio 
sake  of  conciliation.  I  vote  for  this  bill,  said  I 
Mr.  C,  only  on  the  ground  that  it  may  save  | 
South  Carolina  from  herself. 

"  Here  Mr.  C.  j'ielded  the  floor  to  Mr.  Calhom  I 
who  said.  He  hoped  the  gentleman  would  not 
touch  that  question.  He  entreated  him  to  ll^  | 
lieve  that  South  Carolina  had  no  fears  for  her- 
self. The  noble  and  disinterested  attitude  she  I 
had  assumed  was  intended  for  the  whole  nation,  i 
while  it  was  also  calculated  to  relieve  herself,  as  [ 
well  as  them,  from  oppressive  legislation.  Itl 
was  not  for  them  to  consider  the  condition  cfl 
South  Carolina  only,  in  passing  on  a  measure  of  | 
this  importance. 

"  Mr.  Clayton  resumed.    Sir,  said  he,  I  ran-ll 
be  permitted  to  explain,  in  my  own  way.  tkil 
reasons  which  will  govern  me  in  the  vote  I  aaj 
about  to  give.     As  I  said  before,  I  never  liawl 
permitted  the  fears  of  losing  the  protective  >y\ 
tcm,  as  expressed  by  the  senator  from  Gcor.'iil 
when  he  taunted  us  \vith  the  majority  that  tiierl 
would  have  in  the  next  Congress,  when  tliejl 
would  get  a  better  bill,  to  influence  my  oiiiiii  nl 
upon  this  occasion.    That  we  have  been  drin/ 
by  our  fears  into  this  act  of  concession,  I  niilj 
not  admit.    Sir.  I  tell  gentlemen  that  tluy  nujj 
never  get  such  another  offer  as  the  present ;  kj 
though  they  may  think  otherwise,  1  do  nut  i 
lieve  that  the  people  of  this  country  will  everl 
brought  to  consent  to  the  abandonment  of  \]i 
protective  system. 


ANNO  1833.     ANDREW  JACKSON,  PRESIDENT. 


325 


mcd.  Sir,  saidhe,Iramtl 
ain.in  my  own  way  thsl 
vera  me  in  the  vote  aal 
said  before,  I  never  \ml 
losing  the  i.votective  >}vl 
the  senator  from  C.ciir;al 
ith  the  majority  that  theyl 
icxt  Congress,  wlicn  tlieyl 
ill  to  inflneuce  my  oimii  nl 
That  wc  ha\c  hecn  Jn'^y 
s  act  of  concession,  I  wufl 
1  gentlemen  that  tluy  M 
T  offer  as  the  present;  I'ij 

ink  otherwise,  I  do  »«"f 
of  this  country  will  ever 
to  the  abandonment utiu 


"  Does  any  man  believe  that  fifty  per  cent,  is 
an  adequate  protection  on  woollens  ?  No,  sir ; 
the  protection  is  brought  down  to  twent;  per 
c,..nt. :  and  when  gentlemen  come  to  me  and  say 
that  this  is  a  compromise,  I  answer,  with  my 
frii'iid  from  Maine,  that  I  will  not  vote  for  it,  un- 
lesr<  you  will  give  me  the  fair  twenty  per  cent. ; 
gild  this  cannot  be  done  without  adopting  the 
nriiifiple  of  a  home  valuation.  I  do  not  vote  for 
this  bill  because  I  think  it  better  ^an  the 
tariff  of  1832,  nor  because  I  fear  nulUfication  or 
secession ;  but  from  a  motive  of  concession,  yield- 
in?  my  own  opinions.  But  if  Southern  gentle- 
men will  not  accept  this  measure  in  the  spirit 
for  which  it  was  tendered,  I  have  no  re.ason  to 
vote  for  it.  I  voted,  m  id  Mr.  C,  against  the  bill 
of  '32.  for  the  very  reason  that  Southern  gentle- 
men declared  that  it  was  no  concession ;  and  I 
may  vote  against  this  for  the  same  rea.sons.  I 
tliought  it  bad  j)olicy  to  pass  the  bill  of  '32.  I 
thought  it  a  baxl  bargain,  and  [  think  so  now. 
I  liave  no  fear  of  nullification  or  secession ;  I  am 
not  to  be  intimidated  by  threats  of  Southern 
gentlemen,  that  they  will  get  a  better  bill  at  the 
next  session.    "  Kebellion  made  young  Harry 


Percy's  spurs  gro  iv  cold."  I  will  vote  for  this 
measure  as  one  of  conciliation  and  compromise ; 
but  if  the  clause  of  the  senator  from  Kentucky 
is  not  inserted,  I  sliall  be  compelled  to  vote 
ai;ainst  it.  The  protective  system  never  can  be 
abandoned ;  and  I,  for  one,  will  not  now,  or  at 
any  time,  admit  the  idea. 

"Mr.  Dallas  wasopposedtothepropositionfrom 
tlic  c(inHi>tttee,  and  agreed  with  Mr.  Calhoun.  He 
would  state  briefly  his  objection  to  the  proposition 
of  the  committee.  Although  he  was  from  a  State 
jtronjrly  disposed  to  maintain  the  protective  po- 
licy, he  labored  under  an  impression,  that  if  any 
thing  could  be  done  to  conciliate  the  Southern 
States,  it  was  his  duty  to  go  for  a  measure  for 
that  purpose  ;  but  he  should  not  go  beyond  it. 
He  could  do  nothing  in  this  way,  as  representing 
his  particular  district  of  the  country,  but  only 
for  the  {general  good.  He  could  not  agree  to  in- 
corporate in  the  bill  any  principle  which  he 
thought  erroneous  or  improper.  He  would  sanc- 
tion nothing  in  the  bill  iis  an  abandonment  of 
the  principle  of  protection.  Mr.  P  then  made  a 
ft'wr  remarks  on  home  and  foreign  valuation,  to 
show  the  ground  of  his  objections  to  the  amend- 
ment of  Mr.  Clay,  though  it  did  not  prevent  his 
strong  desire  to  compromise  and  conciliation. 

"Mi-.  Clay  thought  it  was  premature  to  agi- 
tate now  the  details  of  a  legislation  which  might 
take  place  nine  years  hence.  The  senator  from 
South  Carolina  had  objected  to  the  amendment 
on  const! i:utional  grounds.  He  thought  he  could 
satisfy  him,  and  every  senator,  that  there  was 
no  objection  from  the  constitution. 

'■  lie  asked  if  it  was  probable  that  a  valuation 
in  Liverpool  could  escape  a  constitutional  objec- 
tion, if  a  home  valuation  were  unconstitutional  ? 
Tlierv  was  a  distinction  in  the  foreign  value,  and 
in  the  hing  valued.  An  invoice  might  be  made 
of  articles  r«t  one  price  in  one  port  of  England, 


and  in  another  port  at  another  price.  The  price, 
too,  must  vary  with  the  time.  But  all  this  could 
not  affect  the  rule.  There  was  a  distinction 
wiiich  gentlemen  did  not  observe,  between  the 
value  and  the  rule  of  valuation ;  one  uf  these 
might  vary,  while  the  other  continued  always 
the  same.  The  rule  was  uniform  with  regrud  to 
direct  taxation ;  yet  the  value  of  houses  and 
lands  of  the  same  quality  arc  very  different  in 
different  places.  One  mode  of  home  valuation 
was,  to  give  the  government,  or  its  officers,  iho 
right  to  make  the  valuation  after  the  one  which 
the  importer'had  given.  It  would  prevent  fraud, 
and  the  rule  would  not  violate  the  constitution. 
It  was  an  error  that  it  was  unconstitutional ; 
the  constitution  said  nothing  about  it.  It  was 
absurd  thct  all  values  must  be  established  in 
foreign  countries;  no  other  coimtry  on  earth 
should  assume  the  right  of  judging.  Objections 
had  been  made  to  leaving  the  business  of  valua- 
tion in  the  hands  of  a  few  executive  officers;  but 
the  objections  were  at  least  equally  great  to  leav- 
ing it  in  the  hands  of  Ibreigners.  He  thought  there 
was  nothing  in  the  constitutional  objection,  and 
hoped  the  measure  would  not  be  embarrassed  by 
such  objections. 

'■  Mr.  Calhoun  said  that  he  listened  with  great 
care  to  the  remarks  of  the  gentleman  from  Ken- 
tucky, and  other  gentlemen,  who  had  advocated 
the  same  sid';,  in  hopes  of  having  his  objection  to 
the  mode  of  valuation  proposed  in  the  amend- 
ment removed ;  but  he  must  say,  that  the  diffi- 
culties he  first  expressed  still  remained.  Pag- 
ing over  what  seemed  to  him  to  be  a  constitu- 
tional objection,  he  would  direct  his  observation 
to  what  appeared  to  him  to  be  its  unequal  opera- 
tion. If  by  the  home  valuation  be  meant  the 
foreign  price,  with  the  addition  of  freight,  insur- 
ance, and  other  expenses  at  the  port  of  destina- 
tion, it  is  manifest  that  as  these  arc  unequal  be- 
tween the  several  ports  in  the  Union — for  in- 
stance, between  the  ports  New-York  and  New 
Orleans — the  duty  must  also  be  unequal  in  the 
same  degree,  if  laid  on  value  thus  estimated. 
But  if,  by  the  home  valuation  be  meant  the  prices 
current  at  the  place  of  importation,  then,  in  ad- 
dition to  the  inequality  already  stated,  there 
would  have  to  bo  added  the  additional  inequality 
resulting  from  the  different  rates  of  profits,  and 
other  circumstances,  which  must  necessarily 
render  prices  very  unequal  in  the  several  ports 
of  this  widely-extended  country.  There  would, 
in  the  same  view,  be  another  and  a  stronger  ob- 
jection, which  he  alluded  to  in  his  former  re- 
marks, which  remained  unanswered — that  the 
duties  themselves  constitute  part  of  the  elements 
of  the  current  prices  of  the  imported  articles ; 
and  that,  to  impose  a  duty  on  a  valuation  ascer- 
tained by  the  current  prices,  would  be  to  impose, 
in  reality,  a  duty  upon  a  duty,  and  nmst  neces- 
sarily produce  that  increased  progression  in 
duties,  which  he  bad  already  attempted  to  illus- 
trate. 

"  He  knew  it  had  been  stated,  in  reply,  that 
a  system  which  would  produce  such  absurd  re- 


32G 


THIRTY  YDARS'  VIEW. 


¥'■§ 


miltB  could  not  bo  roiitoinpliitod ;  that  Oongn'sa, 
uiidiT  tlio  i)()wer  of  iTjjiiIntinp;,  rvacrvcd  in  tlic 
nim>n<lnM'iit,  would  ndojit  Home  mode  tluit  would 
obviate  these  ohjtvtioiis ;  nnd,  if  none  Hiich  could 
he  devlHcd,  thnt  the  |)n)visi(Mis  of  the  ainendiiient 
would  bo  simply  useless.  His  difliculty  was  not 
removed  by  the  answer  to  (he  objection,  lie 
was  at  a  loss  to  uiiderstnud  what  mode  coidd  Ih' 
devised  free  fi-oiu  objection  ;  and,  as  he  wished 
to  be  cjuidid  and  cxi)licit,  he  felt  the  <li(llcuUy, 
AS  an  honest  man,  to  assent  to  a  pMUTal  measure, 
which,  in  all  the  niodidcations  under  which  he 
had  viewed  it,  was  (ibjectionable.     He  nfjain  re- 

E Dated,  that  he  re;;rcttcd  the  amei'dment  had 
ecu  oticivd.  as  he  felt  a  solicitude  that  (he  i)re- 
sent  controversy  .should  be  honorably  an<l  fairly 
terminated.  It  was  not  his  wish  that  theiv 
should  be  a  feeliiifj;  of  victory  on  either  side. 
T?ut,  in  thus  expressing  his  solicitJide  for  an  ad- 
justment, he  was  not  (governed  by  motives  de- 
rived from  the  attitude  which  South  Carolina 
occupied,  and  which  the  senator  from  Delaware 
stated  to  intlucnce  him.  He  wished  that  i«enator, 
as  well  as  all  others,  to  understand  that  that  gal- 
lant and  patriotic  State  was  far  from  considering 
her  situation  as  one  rcijuiring  symi)athy,  an<l 
was  e(iually  far  from  desiring  that  any  .'nljust- 
ment  of  this  question  should  tsike  place  witli  tiic 
view  of  relieving  her,  or  with  Jiny  oilier  iiiotive 
than  a  regard  to  the  general  intcrei^ts  of  tin- 
coiuitry.  So  far  from  re(|uiri!ig  conuniscrntioi', 
she  reganled  her  position  witti  very  oppositi' 
lijiht,  as  one  of  high  responsibility,  and  exposing 
iur  to  no  inconsiderable  danger  ;  Imt  ii  position 
voluntarily  and  tinnly  assumed,  with  a  lull  vii'xv 
of  consiMjuences,  and  which  she  was  detennined 
to  n\!iiiitain  till  the  opj)ression  under  whidi  she 
and  the  other  Southern  States  were  suffering 
was  ivmoved. 

''  In  wishing,  then,  to  sco  a  termination  to 
the  present  stiito  of  things,  !;•;  turned  not  his  eyes 
to  South  Carolina,  but  to  tlui  general  interests 
of  the  country.  lie  did  not  oelievc  it  was  pos- 
sible to  maintain  our  institi.tiona  and  our  liber- 
ty, imder  the  continuance  of  the  controversy 
which  had  for  so  long  a  time  distracted  us,  and 
brought  into  conflict  the  two  great  sections  of 
the  country.  J^c  was  in  the  last  stage  of  mad- 
ness who  did  not  .see,  if  not  terminated,  that  this 
admir.-^ble  system  of  ours,  reared  by  the  wisdom 
and  virtue  of  our  ancestors — virtue,  he  feared, 
which  had  fled  forever — would  fall  under  its 
shocks.  It  was  to  arrest  this  cata.strophe,  if  pos- 
sible, by  restoring  peace  and  harmony  to  the 
Union,  that  governed  him  in  desiring  to  see  an 
adjustment  of  the  question. 

"  Mr.  Clayton  said,  this  point  had  been  dis- 
cussed in  the  committee;  and  it  was  because 
this  amendment  was  not  adopted  that  he  had 
withheld  his  assent  from  the  bill.  Th^-y  h.id 
now  but  seven  business  days  of  this  session  re- 
m.aining ;  and  it  would  require  the  greatest  imani- 
mity,  both  in  that  bcxlyand  in  the  other  House, 
to  pass  any  bill  on  this  subject.  Were  gentle- 
men coming  from  the  opposite  eictrcmes  of  tlic 


Union,  and  rejircscnting  opposite  intercsti,  to 
agree  to  cond)ine  togelhc,  (here  would  hardly 
bo  time  (o  pass  this  bill  into  a  law;  yet  if  ho 
.saw  that  it  could  be  done,  he  would  gladly  go  on 
with  the  consi<leration  of  the  bill,  and  with  tliu 
determination  to  do  all  that  couhl  i)e  done.  Tlio 
lionorable  mend)cr  from  South  Carolina  had 
founil  insuiierable  obstacles  whero  he  (Mr.  C.) 
had  foimd  none.  On  their  part,  if  they  agretil 
to  this  bill,  it  would  only  be  for  the  sake  of  con- 
ciliation ;  if  South  Carolina  would  not  accept  tlio 
measure  in  that  light,  then  their  motive  for  ar- 
rangement was  at  an  end.  Ho  (Mr.  C.)  appre- 
hended, however,  that  good  might  restdt  (Vom 
bringing  the  jtroposition  forward  at  that  time. 
It  wonltl  be  placinl  before  the  view  of  (he  people 
who  wotdd  have  time  to  reflect  and  m.ike  up 
their  'iiinds  upon  it  against  the  meeting  of  the 
next  Congress.  He  did  not  hold  any  man  a.« 
pledged  by  their  actiim  at  this  time.  Ifthoiw 
iiuigement  was  foinid  to  be  a  proper  one,  the 
next  Congress  might  adopt  it.  Ibit,  for  (he 
reasons  he  had  ahvady  stated,  ho  liad  little  ho|K 
that  any  bill  would  be  pa.ssed  at  this  .session ; 
a>id,  to  go  on  debating  it,  day  after  <l)iy,  would 
only  have  the  effect  of  defeating  the  many  pri- 
vate bills  and  other  business  which  were  waitiii;; 
the  action  of  Congress.  He  would  therefore 
propo.sc  to  lay  the  bill  for  the  pre.«eni  on  tliu 
table ;  if  it  were  found,  at  a  futuiv  period,  befmc 
the  expirati<m  of  the  .session,  that  there  was  .1 
prospect  of  overcoming  the  difticulties  which  now 
j)re.sented  themselves,  and  of  acting  upon  it,  the 
bill  might  be  again  taken  up.  If  no  other  gen- 
tleman wished  to  make  any  ob.servations  on  tlio 
amendment,  he  would  move  to  lay  the  bill  on  tlie 
table. 

"  Mr.  Bibb  reqjiested  the  senator  from  Dela- 
ware to  withdraw  his  motion,  whilst  he  (.Mr.  1!.) 
olfcred  an  amendment  to  the  amendment,  liavin.,' 
for  its  object  to  get  rid  of  that  interminiibic 
series  of  duties  of  which  gentlemen  had  spoken. 

"  Mr.  Clayton  withdrew  his  motion. 

"  Mr.  liibb  proceeded  to  say,  that  his  desii;n 
was  to  obviate  the  objection  of  the  great  incrca-io 
that  would  arise  from  a  .systcni  of  home  valua- 
tion. He  hoped  that  something  satisfaclorv 
would  be  done  this  session  yet.  lie  should  vote 
for  every  respectable  projiosition  calculated  to 
settle  the  difliculty.  He  hoped  there  would  Ic 
corresponding  concessions  on  both  sides ;  he 
wished  much  for  the  harmony  of  the  country. 
It  was  well  known  that  he  (Mr.  B.)  wasopiW^J 
to  any  tariff  .system  other  than  one  for  revenue. 
and  such  incidental  protection  as  that  niitilit 
afford.  His  hope  was  to  strike  out  a  niidiilc 
course ;  othcrwi.se.  he  would  concur  in  the  mo- 
tion (hat  had  been  made  by  the  senator  from 
Delaware  [Mr.  Clayton].  Mr.  B.  then  subniittiHi 
his  amendment,  to  insert  the  words  '  before  pay 
ment  of,'  &c. 

"  Mr.  Clay  was  opposed  to  the  amendment. 
and  he  hoped  his  worthy  colleague  would  witii- 
draw  it.  If  one  amendment  were  offered  and 
dclwtod,  another,  and  another  would  follow ;  aud 


ANNO  1833.    ANDREW  JACKSON,  TURSIDKNT. 


327 


oHitc  intcicf»t»,  to 
leiT  woultl  Imvdly 
)  a  liiw ;  yet  if  ho 
wouM  gladly  po  on 
.  hill,  and  with  tlic 
Mihl  i)i'  done.  Tlio 
uth  Carolina  hud 
whevj  he  (Mr.  C.) 
part,  if  tla-y  nurw-d 
for  the  wike  of  C(in- 
roiild  not  accent  tliu 
ihi'ir  motive  for  m- 
He  (Mr.  C.)  appri- 

nnnht  result  from 
rward  at  that  tiiiio. 
eview  of  the  jicoplu, 
reflect  and  make  u\) 

the  meetinp  of  the 
r)t  l>old  any  man  iis 
his  time.     If  thoiP' 
;>e  a  projter  one,  tlic 
)t  it.      15'it,  for  llic 
lhI,  he  hail  little  Uojk' 
ssed  at  this  session ; 
lay  after  di>y,  would 
eatinp  the  many  |»ri- 
is  which  were  wailin;; 
He   would  therefoit 
•  the  prescni  ou  tlm 
1  futuiv  period,  before 
ion,  that  there  was  a 
difticuUies  which  now 
of  actiu}!;  upon  it,  Iho 
up.     If  no  other  jjiii- 
yr  observations  on  tlio 
0  to  lay  the  bill  on  Ik 

ic  senator  from  Dela- 
on.  whilst  he  (.Mr.  I!.) 
le  amendment,  having 
of  that  interminiiWc 
■ntlemen  had  spoktn. 
his  motion. 
0  say,  that  his  desipii 
11  of  the  great  inciea* 
stem  of  home  valiin- 
jmethinR  salislacloiy 
.  yet.     lie  should  voto 
iwsition  calculated  to 
oped  there  would  k 
on  both  sides;  he 
mony  of  the  country. 
(Mr.  B.)  wasoppoHil 
than  one  for  revonue, 
.ection    as  that  nii):lit 
strike  out  a  iiiiiKik 
iild  concur  in  the  mo- 
by  the  senator  from 
Mr,  B.  then  submittcJ 
the  words  '  before  pay- 
id  to  the  amendment, 
colleague  would  with- 
ncnt  were  offered  and 
.her  would  follow ;  and 


thuit,  the  remaining  time  would  be  wasted.  To 
fix  any  precise  system  would  be  extremel v  difll- 
cidt  at  present.  He  only  wislied  the  pruiciple 
to  Ik'  adopted. 

"  Mr.  Bill!)  acceded  to  the  wi.sh  of  the  senator 
from  Kentucky,  and  withdrew  his  amendment 
nccordinply. 

"Mr.  Tyler  wtts  opposed  to  the  principle  of 
this  home  valuation.  The  duties  would  be  taken 
into  consideration  in  making  the  valuations  ;  and 
thus,  after  going  down  liill  for  nine  and  a  half 
years,  we  would  as  suddenly  rise  up  again  to 
prohibition.  He  complained  tiiat  there  were  not 
merchants  enough  on  this  floor  from  the  iSouth ; 
and,  in  this  respect,  the  Northern  Slates  had  the 
advantage.  But  satisfy  me,  sai<l  Mr.  T..  that 
the  views  of  the  senator  from  South  Carolina 
[Mr.  CalhounJ  are  not  correct,  and  I  shall  vote 
fur  the  jiroposition. 

"Mr.  Moore  .said  he  would  move  an  amend- 
ment which  lie  hoiied  would  meet  the  views 
of  the  gentlemen  on  the  other  side ;  it  was  to 
this  eflect : 

"  I'roridinl,  Tliat  no  valuation  be  adopted  that 
will  operate  unequally  in  dilFcrent  ports  of  the 
United  States. 

"Mr.  Calhoun  also  wished  that  the  amend- 
ment would  prevail,  though  he  felt  it  would  be  ; 
inctl'ectual  to  counteract  the  inecpiality  of  the 
sy.stem.  But  he  would  rai.se  no  cavilling  ob- 
jections ;  he  wished  to  act  in  perfect  good 
faith ;  and  he  only  wished  to  see  what  could 
be  done. 

"  Mr.  Moore  said  he  liad  but  two  motives  in 
offering  the  amendment  to  the  amendment  of 
the  senator.  The  first  was,  to  get  rid  of  the 
constitutional  objections  to  the  amendment  of 
the  senator  from  Kentucky ;  and  the  second 
was,  to  do  justice  to  those  he  had  the  honor  to 
re|)resent.  The  honorable  gentleman  .said  that 
Mobile  and  New  Orleans  would  not  pay  higher 
duties,  because  the  goods  imported  there  would 
be  of  more  value ;  and  this  was  the  very  reason, 
Mr.  M.  contended,  why  the  duties  would  be 
higher.  Did  not  every  one  sec  that  if  the  same 
article  was  valued  in  New- York  at  one  hundred 
dollars,  and  in  Mobile  at  one  hundred  and  thirty- 
five  dollars,  the  duty  of  twenty  per  cent,  would 
be  higher  at  the  latter  place?  He  had  nothing 
but  the  spirit  of  compromise  in  view,  and  hoped 
pentlemen  would  meet  him  in  the  same  spirit, 
lie  would  now  propose,  with  the  permission  of 
the  senator  from  Maine,  to  vary  his  motion,  and 
offer  a  substitute  in  exact  conformity  with  the 
language  of  the  constitution.  This  proposition 
being  admitted  by  general  consent,  Mr.  Moore 
raodiiied  his  amendment  accordingly.  (It  was 
an  affirmation  of  the  constitution,  tlmt  all  duties 
•liouM  be  uniform,  &c). 

'  Mr.  Forsyth  supported  the  amendment  of  the 
viiator  from  Alabama,  and  hoped  it  would  meet 
the  approbation  of  the  Senate.  It  would  get  rid 
uf  all  ditlicidty  about  words.  No  one,  he  pre- 
sumed, wished  to  violate  the  constitution  ;  and 
if  tiie  measure  of  the  senator  from  Kentucky  was 


consistent  with  theconstitulion,  it  would  prevail; 
if  not,  it  would  not  be  adopted. 

"Mr.  Holmes  moved  an  adjournment. 

"  Mr.  Moore  asked  for  the  yeas  and  nays  on 
the  motion  to  adjourn,  and  they  were  accord- 
ingly ordered,  when  the  (piestion  was  taken  and 
decided  in  the  aflirmative — Yeas  22,  nays  1'.',  aa 
follows  : 

"Ykah.— Messrs.  Bell,  Clayton,  Dallas,  Dick- 
cr.soii,  Ewing,  Foot,  Frelinghuysen,  Ilolmea, 
Johnston,  Kane.  Knight,  Naudain,  Prentiss, 
Uobbins,  Robinson,  Silsbeo,  Smith,  Tipton, Toni- 
linson,  Waggaman,  Webste-,  Wilkins. — 22. 

"  Nays.— Messrs.  Bibb,  lilack,  Huckner,  Cal- 
houn, Clay,  Dudley,  Crundy,  Hendrick.s,  Hill, 
King,  Miller,  Moore,  Poindextcr,  Sjiiugue,  ]live«, 
Troup,  Tyler,  White,  Wriglit.— 1!». 

"  'i'lie  Senate  then,  at  half-pa.st  four  o'clock, 
adjourned. 

"/•ViWoy,  February  22. 

"  Mr.  Smith  (of  Md.)  said,  the  motion  to  amend 
by  the  word  '  uniform  '  was  unnecessary.  That 
was  provi<led  for  by  the  constitution.  'All 
duties  must  Ijc  uniform.'  An  addition  to  the 
cost  of  goods  of  forty,  fifty,  or  sixty  jHjr  cent. 
woiiM  be  uniform,  but  would  not  prevent  fraud, 
nor  the  certainty  of  great  inerjuality  in  the  valu- 
ation in  t!ie  several  ports.  The  value  of  goods 
at  New  Orleans  particularly,  and  at  almost  every 
other  i)ort,  will  be  higher  than  at  New- York. 
I  have  not  said  that  such  mode  was  unconstitu- 
tional, nor  have  1  said  that  it  was  impracticable ; 
few  things  are  .so.  But  I  have  .said,  and  do  now 
say,  that  the  mode  is  open  to  fraud,  and  more 
so  than  the  present.  At  present  the  merchant 
enters  his  good.s,  and  swears  to  the  truth  of  his 
invoice.  One  package  in  every  live  or  ten  is  .sent 
to  the  public  warehouse,  and  there  carefully 
examined  by  two  apjirai.'-ers  on  oath.  If  they 
find  fraud,  or  susj)ect  fraud,  then  all  the  good.s 
belonging  to  such  merchants  are  .sent  to  the  ap- 
praisers ;  and  if  frauds  be  discovered,  the  goods 
are  forfeited.  No  American  merchant  has  ever 
been  convicted  of  such  fraud.  Foreigners  have 
even  been  severely  punished  by  loss  of  their 
property.  The  laws  are  good  and  sufliciently 
safe  as  they  now  stand  on  our  statutes.  1  wish 
no  stronger  ;  we  know  the  one,  we  are  ignorant 
h(»w  the  other  will  work.  Such  a  mode  of 
valuation  is  unknown  to  any  nation  except 
Spain,  where  the  valuation  is  arbitrary ;  and  the 
g(K)d8  arc  valued  agreeably  to  the  amount  of  the 
bribe  given.  This  is  perfectly  understood  and 
practised.  It  is  in  the  natui-e  of  such  mode  of 
valuation  to  be  arbitrary.  No  rule  can  be  es- 
tablished that  will  make  such  mode  uniform 
throughout  the  Union,  and  some  of  the  small 
ports  will  value  low  to  bring  business  to  their 
towns.  A  scene  of  connivance  and  injustice  will 
take  place  that  no  law  can  prevent. 

"  The  merchant  will  be  put  to  great  incon- 
venience by  the  mode  proposed.  All  his  goods 
must  be  sent  to  the  public  warehouses,  and  there 
opened  piece  by  piece  j  by  which  process  they 


m  !■ 


•'  m'' 


328 


TIIIUTV  VKAllS'  VFKW. 


M^] 


,.  m 


will  («us(!iin  I'SHCiilinI  injury.  Tho  pocds  will 
1m>  (Iclnincd  from  liio  owners  for  ii  week  or  n. 
iiionti),  or  slill  nior«>,  unless  yon  Imve  one  or  two 
hnnilred  iippraiserH  in  New-VorI<,  iukI  propor- 
tioimlely  in  other  ports;  thus  inerensinfrpiifron- 
npo  ;  iind  with  sneli  u  host,  can  we  expect  either 
nnilonnity  or  er|nalily  in  the  vnlniilion?  All 
will  not  he  honest,  ninl  the  Spanish  mode  will 
he  adopt ed.  ( hie  set  of  ap|)raisers.  who  vaino 
low,  will  have  ii  pii.iiity.  In  fact,  if  this  mode 
whonlil  ever  he  adopted,  it  will  eanse  j,'reat  dis- 
oonfenl.  arul  must  soon  he  rhanp-d.  As  all 
understand  the  cause  to  he  ti>  tiatter  the  nunni- 
I'actnrers  with  a  jilan  which  they  think  will  he 
henel'icial  to  them,  hut  which,  we  all  know,  can 
never  h(>  realized,  it  is  d(<c(>ption  on  its  fa«'e,  as 
is  almost  the  whole  of  the  hill  now  under  our 
consideration. 

"  lU'inemher,  Mr.  President,  (hat  the  senators 
from  K«'Utucky  and  South  ('ai*olina  [Mr.  Clay 
and  .Mr.  ('alhonn|.  have  declared  this  hill  (if  it 
•honid  hecome  ii  law),  to  he  permanent,  and 
that  no  honoral)l<>  n<au  who  shall  vote  for  it  can 
ever  attempt  n  chaufre ;  yet,  sir,  the  pressure 
anainsl  it  will  he  .such  at  the  ne,\t  .sessicui  that 
('onjrivss  will  he  <'oinpelli'(l  to  n-vise  it  ;  and  as 
the  storm  may  then  have  ]>assed  ovei'  Congress, 
a  new  ('onjrn-ss,  with  helter  feelin^rs,  will  he 
«hle  to  act  with  more  delih(>ration,  and  may 
pass  II  law  that  will  lu>  jit'uerallv  njiproved. 
Nearly  all  ajrree  that  this  hill  isa  )>ad  hill.  A 
similar  opinion  pii<vailcd  on  the  passaj^je  of  the 
tariff  of  I S'JS.  and  yet  it  passed,  and  caused  all 
our  jmsent  d.iu;;er  and  dillicidties.  All  admit 
that  the  act  of  I  S'JS.  as  it  stands  on  our  statutes, 
is  constitutional.  Ihit  the  ,<enator  [Mr.  Cal- 
liounj  has  .said  that  it  is  unconstitutional,  he- 
Ciiuse  of  the  motive  under  which  it  pas.sed  ;  and 
he  .«aid  that  that  motive  was  pi-otection  to  the 
maiiufactnn>rs.  Mow.  sir,  1  ask,  are  wo  to  know 
tho  motives  of  men  7  I  thought  then,  and  think 
now,  that  the  approachiuf;;  election  for  I'resident 
tended  gn-atly  ti>  the  en.'ictments  of  the  acts  <if 
IH'24  and  IHl2H;  many  of  my  friends  thought  so 
nt  the  time.  1  have  somewhere  nad  of  the 
minister  of  a  king  or  emperor  in  Asia,  who  was 
anxious  to  he  oon.sidered  a  man  of  truth,  and  al- 
ways hoasted  of  his  veracity.  He  hypocriti<'nI- 
ly  prayed  to  (Jod  that  he  might  always  s|H'!ik 
the  truth.  A  g«Miii  appeared  and  told  him  that 
his  prayer  had  been  heard,  touched  him  with 
his  .sjH'ar,  and  said,  hereafter  you  will  speak 
tnith  on  all  occasions.  The  next  day  he  waiti'd 
on  his  majesty  and  said,  Sire,  1  intended  to 
have  as.sa.ssimited  you  yesterday,  but  was  j)re- 
vented  by  the  nod  of  the  «)flicer  behind  you, 
who  i.s  to  kill  you  to-morrow.  The  result  1 
will  not  mention.  Now,  Mr.  I'resident,  if  the 
same  genii  was  to  touch  with  his  sjiear  each  of 
the  senators  who  voted  for  the  net  of  1828,  and 
an  interrogator  wa.s  ap|X)intcHl,  he  would  ask. 
what  induced  you  to  give  that  vote  ?  Wl'.v,  sir, 
I  acted  on  sound  principles.  I  believe  it  is  the 
duty  of  every  gootl  government  to  jiromote  the 
uuuiufuctureB  of  thu  nation ;  all  historians  eulo- 


gize the  kings  who  liave  flone  so,  and  censiiro 
those  kings  who  have  neglected  tlii-m.  I  ii  (or 
you  to  the  history  of  AlfVe<l.  It  is  known  tliut 
the  staple  of  Kngliind  was  wool,  which  was  sent 
to  ['"landers  to  be  exchange<l  fiir  cloths.  The 
civil  win's,  by  the  invasions  of  that  nation,  kept 
them  long  dependent  on  the  Flemings  for  the 
cloths  they  won-.  At  length  a  good  king  gov- 
eriieil ;  and  he  invited  Flemish  mamifactnrer.s 
to  I'lngland,  and  gave  them  gnat  privilegcii. 
They  taught  the  youth  of  F.nglaiid,  (he  mami- 
faeture  succeeded,  and  now  F]ngland  snpjdies  all 
the  world  with  woollen  cloth.  The  interroga- 
tor aske<l  another  the  same  question.  His  an- 
swer mijrht  have  been,  that  he  thought  the  pas.s- 
ing  of  the  law  would  .secure  the  votes  of  the 
mamifacturirs  in  favor  of  his  fri«'nd  who  waiit- 
e<l  to  be  the  President.  Another  answer  might 
have  been,  a  large  duty  was  imjjosed  on  an  ar- 
ticle which  my  constituents  rai.sed  ;  and  i  voted 
for  it,  although  I  dislike<l  all  the  residue  of  the 
bill.  Sir,  the  motives,  no  doubt,  were  different 
that  induced  the  voting  for  (hat  bill,  and  were, 
as  we  all  know,  not  con(lne<l  (o  (he  protective 
system.  Many  voted  on  political  gnnmds,  ns 
many  will  on  this  bill,  and  as  (hey  did  on  tliu 
tntbicing  bill.  We  cannot  declaix'  a  bill  nneoii- 
stitiitional,  because  of  fh<!  motives  that  may  gov- 
ern the  voters.  It  is  idle  to  assign  such  a  cause 
for  tlu'  ])ar(  (hat  is  now  ucling  in  South  ('iiroli- 
iia.  I  know,  Mr.  President,  that  no  argiiinent 
will  have  any  cllict  on  the  jtassage  of  this  bill. 
The  high  contracting  parties  havt'  agreed.  IJiit 
I  owed  it  to  my.self  (o  make  these  ri'uiarks. 

".Mr.  Webst«'r  said,  Uiat  he  held  (he  home 
valuation  to  be,  to  any  extent,  impracticnbit-: 
and  that  it  was  unprecedented,  and  unknown  in 
any  legislation,  lloth  the  Ixime  and  foreign 
valuation  ought  to  be  excluded  as  far  as  possi- 
ble, and  specific  duties  should  be  resorted  td. 
This  keeping  out  of  view  specific  duties,  niid 
turning  us  back  to  the  principle  of  a  vahiat ion 
was,  in  his  view,  the  great  vice  of  ibis  l)ill.  In 
Kugland  live  out  of  six,  or  nine  out  of  ten  arti- 
cles, jiay  specific  duties,  and  the  valuation  is  on 
the  renniant.  Among  the  articles  which  \my 
a<l  rttliircni  duties  in  F]iigland  aix?  silk  goods, 
which  air  imjiorted  either  fi'otn  India,  whence 
they  are  brought  to  one  port  oidy  ;  or  I'roin  Ku- 
ropc,  in  which  case  there  is  a  specific  and  an  ml 
I'ltlDirin  duty  ;  and  the  oftieer  has  the  option  to 
take  either  the  one  or  the  other.  He  suggested 
that  the  Senate,  before  they  adopted  the  iid  la- 
lorein  principle,  sho\dd  K)ok  to  the  effects  on 
the  i:iiportation  of  the  country. 

"He  took  a  view  of  the  iron  trade,  to  show 
that  evil  would  result  to  that  branch  from  ft 
substitution  of  the  od  valorem  for  the  specific 
system  of  (hitics.  He  admitti'd  himself  to  be 
unable  to  coiniirehend  the  elements  of  a  home 
vahmtion.  and  inenti«mcd  ca.ses  where  it  would 
be  impossible  to  find  an  accurate  standard  of 
valuation  of  this  character.  The  plan  was  im- 
practicable and  illusory. 

"Mr.  Clayton  said,  1  would  go  for  this  bill 


ANNO  18^3.     ANDREW  JACKSON,  PRRHTDrNT. 


329 


u'  so,  niul  cciiHuro 
IimI  tin-in.     I  Mvr 
It  \>*  known  tlmt 
ol.  wliicli  was  Hctit 
I  fur  clotlis.    Tlic 
•  tl\ut  nntion,  kept 
Fli'n\in(rs  for  Uie 
,  II  giKMl  kinjr  iiov- 
lisli  nmnufartnviTS 
1   frnut  priviloKrti. 
Inpliinil,  till-  iimnu- 
'.nplnnfl  siijtiilit'H  nil 
111.    Tlif  inli-rrona- 
rjncstion.     11  in  un- 
11-  ilionnlii  the  pnns- 
•c  till-  voloH  of  OlP 
s  friend  who  wnnt- 
Dtlior  nnnwiT  iniftlil 
I  inipow*!  on  iin  ar- 
raisf<l ;  and  1  voti-d 
I  tlif  rcHidiH'  of  the 
lonht,  were  dilfcrcnt. 
tliiit  bill,  iii»*l  were, 
d  to  tlio  jirolcotivo 
)oliticii?  gronndH,  ns 
I  as  tlu'V  <lid  <>»  <!'« 
di-olatv  n  bill  niuoii- 
lolivi'H  that  may  (lov- 
o  a.ssi(:n  stub  ariuisp 
(iiirr  in  Sontb  ('iivdli- 
i,  that  no  arpiiirinit 
jiassajio  of  ibis  Mil. 
L's  bavf  atriTi'd.    But 
i-  tlu'so  remarks, 
t,  bo  bi'bl   tlu«  lioine 
xtcnt,  i]ni)ia('ticaliii' ; 
tod,  and  nid<nown  in 
boinc  and   foroitrn 
Indod  as  far  as  possi- 
onld  bo  rosortod  U<. 
Kjuriiir  dntios,  and 
.nciplo  of  a  valuation 
vioo  of  ibis  bill.    In 
nino  ont  of  ton  arti- 
d  tbo  valuation  is  on 
juliclos  wbicb  jmy 
;land  a IV  silk  (joods, 
•  from  Inilia  wlu-nrc 
rt  oidy  ;  or  from  Ku- 
^  a.  spccifio  and  an  nd 
ifor  bas  tbo  ojiticn  ti> 
otbor.     Ilo  snfr}:ostc(l 
■y  adoptod  tbo  ml  m- 
wk  to  tbo  oflocts  on 
ntry. 

>  iron  trade,  to  show 
1  tbat  brnncb  from  a 
'orem  for  tbo  spociiir 
inittod  binisolf  to  bt> 
,  olomonts  of  a  liome 
co.'ies  wboro  it  would 
accurate  standard  of 
Ir.    Tl\c  plan  w  a.s  ini- 

lould  go  for  this  bill 


s 


only  for  tbo  sako  of  coiKTssion.  The  wnntor 
from  South  Carolina  can  tell  whotbor  it  is  like- 
ly to  bo  rocoivod  as  sncli,  and  to  attain  tbo  ol»- 
jccl  proposed  ;  if  not,  I  liavo  a  plain  oonrso  to 
iiursiio;  I  am  opposed  to  tbo  bill.  Iltdoss  I  can 
olilain  for  the  maiuifaitiirors  tho  assurance  that 
tlio  principle  of  tbo  bill  will  not  bo  disturbed, 
and  that  it  will  bo  received  in  tho  light  of  a  eon- 
cession,  I  shall  oppose  it. 

"  Mr.  Henton  objoetod  to  tho  ln»nie  valuation, 
ns  tending  to  a  violation  of  the  constitution  of 
the  United  Slates,  and  cited  tlio  following 
clause:  'Congress  shall  hav(!  power  to  lay  and 
collect  ta.\es,  dutioH,  imposts,  an(!  excises  ;  but 
nil  duties,  imposts,  and  excises  shall  bo  uniform 
thnuighout  tho  United  States.'  All  uniformity 
of  duties  and  imposts,  he  eouton<Ied,  would  bo 
(li'stroyoil  by  this  amendment.  No  human  judg- 
ment could  fix  tlu^  value  of  the  same  goods  at 
tlie  same  rate,  in  all  tho  various  ports  of  tho 
United  States.  If  tho  snino  individmil  valued 
tho  goods  in  every  port,  and  every  cargo  in 
every  port,  lie  would  c(mimit  iunnmorable  er- 
rors and  mintakoK  in  the  valuation  ;  and,  accord- 
ing; to  tho  diversity  of  these  errors  and  mis- 
tnkes,  would  bo  the  diversity  in  the  amount  of 
duties  and  imposts  laid  und  collected  in  the  dif- 
ferent ports. 

"  Mr.  B.  objected  to  the  home  valuation,  lie- 
rniise  it  would  bo  injurious  and  almost  fatal  to 
tlic  southern  ports,  lie  confined  his  remarks 
to  New  Orleans.  The  standard  of  valuation 
woidd  bo  fifteen  or  twenty  per  cent,  higher  in 
New  Orleans  than  in  New-York,  and  other 
iiortliorn  jK)rts.  All  im|iorters  will  go  to  the 
northeastern  cities,  to  evade  high  tluties  at  Now 
Orleans ;  and  that  great  emporium  of  the  West 
will  be  doomed  to  sink  into  a  mere  exporting 
city,  while  all  tho  money  which  it  pays  for  ex- 
prts  nnist  bo  carrio<l  off  and  expended  elsewhere 
for  imjiorts.  AVithout  an  im|iort  trade,  no  city 
can  flourish,  or  even  furnish  a  good  market  for 
OA|iorts.  It  will  bt  draine<l  of  its  ellectivo  cash, 
nnil  deprived  of  its  legitimate  gains,  and  must 
Linguish  far  in  the  roar  of  what  it  would  bo,  if 
enriched  with  the  profits  of  an  import  trade. 
As  !ui  exporter,  it  will  buy ;  as  an  iiujiorter,  it 
will  sell.  All  buying,  and  no  soiling,  must  im- 
poverish cities  as  well  as  individuals.  New  Or- 
leans is  now  a  great  exporting  city;  she  exiM)rts 
more  domestic  productions  than  any  city  in  the 
Union ;  her  imports  have  been  increasing,  for 
some  years  ;  and,  with  fair  play,  woidd  soon  be- 
come next  to  Now- York,  and  furnish  the  whole 
valley  of  the  Mississippi  with  it  i  inunense  suj)- 
plie:!  of  foreign  goods ;  but,  under  the  influence 
of  a  liome  valuation,  it  »nust  lo.se  a  greater  part 
of  tho  import  trade  which  it  now  po.sse.s.ses.  In 
that  loss,  it.s  wealth  must  decline ;  its  capacity 
to  |)urchii.sc  produce  for  exportation  must  de- 
cline ;  and  as  the  western  produce  must  go  there, 
at  all  events,  every  western  farmer  will  sutler  a 
decline  in  tho  valuo  of  his  own  production.s,  in 
proportion  to  liio  decline  of  the  ability  of  New 
Orleans  to  purchase  it.    It  was  as  a  western 


citizen  that  he  pleaded  the  cause  of  New  Orleans, 
and  objected  to  this  measure  of  home  valuation, 
which  was  to  have  the  most  baneful  eflect  upon 
her  i)rospority. 

"Air.  II.  further  objeefed  tothe  home  valiuition, 
on  ac(!ount  of  tho  groat  additional  oxiwuso  it 
would  create ;  the  amount  of  patronagi;  it  would 
Confer ;  the  rivalry  it  would  Ingot  b(tw(!on  im- 
jiorting  (;ities ;  and  the  injury  it  would  occasion 
to  merchants,  from  the  detention  and  handling 
of  their  goods  ;  and  conchulofl  with  saying,  that 
the  homo  valuation  was  tho  most  obnoxiouH 
I  roature  over  introduced  into  tho  tariff  acts;  that 
it  was  it.solf  o(|uivah'nt  to  a  separate  tariff  of  ten 
per  cent. ;  that  it  had  always  In'on  resisted,  and 
successfully  resistofl,  l>y  tho  anti-tariff  interest, 
in  Mio  highest  ami  iin»st  palmy  days  of  the  Ameri- 
can system,  and  ought  not  now  to  be  introduced 
when  that  systoju  is  adinitt<'d  to  be  nodding  to 
its  fall ;  when  its  death  is  actually  fixed  to  tho 
SOtli  flay  of  .lune,  IH42,  and  when  the  restora- 
tion of  harmonious  feelings  is  proclaimed  to  bo 
tho  wli(do  objed  of  this  bill. 

"  Mr.  15.  said  this  was  a  strange  princi|)lc  to 
bring  into  a  bill  to  reduce  duties.  It  was  an  in- 
crease, in  a  new  form — an  indefinable  form — 
and  would  bo  tax  upon  tax, as  the  whole  cost  of 
getting  tho  goods  ready  for  a  market  valuation 
here,  would  have  to  )>e  included :  original  cost, 
freight,  insurance,  commissions,  «luties  hen-.  It 
was  new  protection,  in  a  new  form,  and  in  an 
extraordinary  form,  and  such  as  never  could  be 
carried  before.  It  had  oflen  boon  attempted,  as 
as  a  part  of  the  American  system,  but  never  re- 
ceived counton.ance  before. 
"Mr.  (/'alhoun  rose  and  said  : 
"As  the  (|uostion  is  now  about  to  be  put  on 
the  amendment  offered  by  the  senator  from 
Kentucky,  it  became  necessary  for  him  to  de- 
termine whether  ho  should  vote  for  or  against 
it.  He  must  be  jurmitted  again  to  oxprosn  his 
regret  that  tho  .senator  h.'id  thought  proper  to 
move  it.  Ilis  objection  still  remained  strong 
against  it ;  but,  as  it  seemed  to  be  admitled,  on 
all  hands,  that  the  fate  of  the  bill  depended  on 
llie  fate  of  the  amendment,  feeling,  as  he  did,  a 
solicitude  to  see  tluMiuestion  terminated,  be  had 
made  up  his  mind,  not,  however,  without  much 
hesitation,  not  to  interpose  his  vote  against  the 
adoption  of  the  amendment;  but,  in  voting  for 
it,  he  wished  to  bo  distinctly  understood,  he  <li(l 
it  upon  two  conditions:  first,  that  no  valuation 
would  be  adoptod  that  should  come  in  conflict 
with  the  provision  in  the  constitution  which  de- 
clares that  duties,  exci.ses,  and  imposts  shall  be 
uniform  ;  an<l,  in  the  next  place,  that  none  would 
be  adoptod  which  would  make  the  duties  them- 
selves u  part  o:'  the  element  of  a  home  valuation. 
He  felt  him.seif  justified  in  concluding  that  none 
such  w-ould  bo  adopted  ;  as  it  had  been  declared 
by  the  supporters  of  the  amendment,  that  no 
'  such  regulation  was  contemplated ;  and,  in  fact, 
'  he  could  not  imagine  that  any  such  could  be 
'  contemplated,  whatever  interpretation  mijdit  bo 
;  attempted  hereafter  to  be  given  to  the  expression 


'W- 


I'  ■; 


330 


THIRTY  YEARS'  VIEW. 


of  the  home  mnrkct.  The  first  could  scarcely 
be  contoni|t!atc(l,  ns  it  woulJ  bo  in  violation  of 
the  constitiition  itself;  nor  the  latter,  as  it 
would,  by  necessary  consequence,  restore  the 
very  duties,  which  it  was  the  object  of  this  bill 
to  reduce,  and  woidd  involve  the  glaring  ab- 
surdity of  imposing  duties  on  duties,  taxes  on 
taxes.  He  wished  the  reporters  fcr  the  public 
press  to  notice  partiodarly  what  he  said,  as  he 
intended  his  declaration  to  bo  part  of  the  pro- 
ceedings. 

"  Ik'Iicving.  then,  for  the  reasons  which  he  had 
stated,  that  it  was  not  contemjjlated  that  any 
regulation  of  the  home  valuation  should  come 
in  conflict  with  the  provisions  of  the  constitution 
M'hich  he  had  cited,  nor  involve  the  absurdity 
of  Inying  taxes  upon  taxes,  he  had  made  up  his 
uiind  to  vote  in  fivor  of  the  amendment. 

"  Mr.  Smitli  said,  any  declaration  of  the  views 
and  motives,  under  which  any  individual  senator 
might  now  vote,  could  have  no  irjfluencc,  in 
1842;  they  woidd  be  forgotten  long  before  that 
time  had  nrrivod.  The  Ian  mu;;t  vest  upon  the 
intcrpretntioii  of  its  words  i-lonc. 

"Mr.  Cal:..)un  said  he  could  not  help  that;  he 
should  endeavor  to  do  his  duty. 

"  Mr.  Clayton  said  there  was  certainly  no  am- 
biguity whatever  in  thephraseologyof  the  amend- 
ment. In  advocating  it,  he  had  desired  to  de- 
ceive no  man  ;  he  sincerely  hoped  no  one  would 
sutt'or  liimself  to  be  deceived  by  it. 

"Mr.  Wilkins  said,  if  it  had  been  his  intention 
to  have  voted  against  the  amendment,  he  should 
have  remained  silent;  but.  after  the  cxplii.t  de- 
claration of  the  honorable  gentleman  from  South 
Carolina  [  ir.  Calho'm]  of  the  reason  of  his 
vote,  and  believing,  himself,  that  the  amend- 
ment would  have  a  different  construction  from 
that  given  it  by  the  gentleman,  he  [Mr.  W.] 
would  H6  expressly  state,  that  he  would  vote  on 
the  question,  with  the  impression  that  it  would 
not  iiereaftcr  be  expounded  by  the  declaration 
of  any  senator  on  this  floor,  but  by  the  plain 
meaning  of  the  words  in  the  text. 

"  The  amendment  of  Mr.  Cl.ay,  fixing  the  prin- 
ciple of  home  valuation  as  a  part  of  the  bill,  was 
then  adopted,  by  the  following  vote  : 

"Yk AS.— Messrs.  Bell,  Black,  Bibb,  Calhoun. 
Chambers,  Clay,  Clayton,  Ewing,  Foot,  Freling- 
huy.sen.  Hill,  Hoimes,  Johnson,  King,  Knight, 
Miller,  Moore,  Naudain,  Poindexter,  Prentiss, 
Rives,  Robbing,  Sprague,  Tomlinson,  Tyler,  Wil-  : 
kins.— 2G.  ' 

"Nays. — Messrs.  Benton,  Buckner,  i)allas,  ' 
Dickerson,   Dudley,   Forsyth,   Grundy,    Kane,  I 
Robinson.  Seymour,  Silsbee,  Smith,  AVaggaman, 
Webster,  White,  Wright.— IG." 

And  thus  a  new  principle  of  protection,  never  | 
before  engraftea  ou  the  American  systeni,  and  j 
to  get  at  which  the  constitution  had  to  bo  vio-  ; 
lated  in  the  article  of  the  uniformity  of  duties,  j 
was  established  and  established  by  the  aid  of  | 
those  who  declared  all  protection  to  be  uncon-  , 


stitutional,  and  just  cause  for  the  secession  of  a 
State  from  the  Union  !  and  were  then  acting  ott 
that  assumption. 


CHAPTER    LXXXIII. 

REVENUE  COLLECTION,  OR  FOKCE  BILL. 

Thk  President  in  his  message  on  the  South 
Caiolina  j  roceedings  had  recommended  to  Con- 
gress 'he  revival  of  some  acts,  heretofore  in  force, 
to  enable  him  to  execute  the  laws  in  that  State ; 
and  the  Senate's  con.initiec  on  the  Judiciary 
hati  .eported  a  bill  accordingly  early  in  the  ses- 
sion. It  was  immediately  assailed  by  .several 
members  as  violent  and  unconstitutional,  tending 
to  civil  war,  and  denounced  as  '•  the  !'l<  ody  bill " 
— '=  the  force  bill,"  Xc.  Mr.  Wilkins  of  Pcmi- 
syivaiiia,  the  rep'  rter  of  the  bill,  vindicated  it 
from  this  injurious  character,  showed  that  it 
war  mtA<i  out  of  previous  laws,  and  contained 
nothing  novel  but  the  harmless  contingent  au- 
thority to  remove  the  oflBce  of  the  customs  from 
one  building  to  another  in  the  case  of  need.  IIo 
said : 

"  The  Judiciary  Committee,  in  framing  it,  had 
been  particularly  anxious  not  to  introduce  any 
novel  principle — any  which  could  not  be  found 
on  the  statute  book.  The  only  novel  one  wliich 
the  bill  presented  was  one  of  a  very  simple 
nature.  It  was  that  which  authorized  the  Pres- 
ident, under  the  particular  circumstances  which 
were  specified  in  the  bill,  to  remove  the  custom- 
house. This  was  the  only  novel  princii)!e,  and 
care  was  taken  that  in  providing  for  such  re- 
moval no  t.uthority  was  given  to  use  force. 

"  The  committee  were  apprehensive  that  some 
collision  ndght  take  place  after  the  1st  of  Feb- 
ruary, either  betwtcu  the  confiictiiig  parties  of 
the  citizeus  of  South  Carolina,  or  between  the 
officers  of  the  federal  ^  vernment  and  tbo 
citizf^nf..  And  to  remove,  as  far  as  possibk,  a,l 
chanc'j  of  such  coIlWon,  provision  was  made 
that  the  collector  might,  at  the  moment  of  im- 
minent danger,  remove  the  custom-house  to  ft 
place  of  security  ;  or,  to  use  a  plain  phrase,  ^nt 
it  out  of  hann'h  way.  He  admitted  the  >:;.i  it- 
ance  of  this  bill ;  but  he  viewed  its  importance 
as  arising  not  out  of  the  provisions  of  the  bill 
itself,  bi't  out  of  the  state  o*"  affairs  in  South 
Carolina,  to  w'lich  the  bill  had  reference.  In 
this  view,  it   .  .8  of  paramount  importance. 

"It  had  become  necessary  to  legislate  on  this 
subject ;  whether  ;t  was  neccssaiy  to  pass  the 
bill  or  not,  he  would  not  say ;  but  legislation,  in 


\.  ^^^. 


ANNO  1833.    ANDREW  JACKSON,  PRESIDENT. 


331 


he  secession  of  a 
ro  then  acting  on 


XXIII. 

I  FOKCE  BILL. 

igo  on  the  South 
immended  to  Con- 
hcretofore  in  force, 
laws  in  that  State ; 

on  the  Judiciary 
y  eiii'ly  in  the  scs- 
^ssailed  by  several 
istitutional,  temliiiK 
IS '-till' !'l';ody  hill" 
.  "VVilkinrt  of  Peim- 
ic  hill,  vindicated  it 
tor,  showed  that  it 
laws,  and  contained 
des.s  continjrcnt  au- 

of  the  customs  fioin 
,he  case  of  need,  llg 


sc,  in  framing  it,  had 
ot  to  introduce  any 
could  not  he  fi^und 
mly  novel  one  which 
e  of  a  very  siinvle 
authorized  the  Ties- 
circum.«tances  which 
)  remove  the  custom- 
novel  princiiile,  and 
oviding  for  such  re- 
en  to  use  force, 
prehensive  that  some 
[after  the  1st  of  Feh- 
3(mliicting  parties  of 
lina,  or  between  the 
vernment  nnd   tho 
fis  far  as  possibk,  a.l 
provision  was  niiide 
the  mcm'.-nt  of  im- 
^  cnstom-house  to  h 
ie  a  plain  phrase,  i  ut 
[admitted  the '-...I'i't- 
tewed  its  importance 
hrovisions  of  the  bill 

I  0*"  affairs  in  South 

II  had  reference.  In 
lunt  importance. 

[y  to  legislate  on  this 
lecfesavy  to  pass  tiie 
Yy;  hut  legislation,  in 


reference  to  Soutli  Carolina,  previous  to  the  Ist 
of  February,  had  become  necensar}'.  Something 
must  lie  done;  and  it  behooves  the  government 
to  ailopt  every  measure  of  precaution,  to  pre- ; 
rent  those  awful  consequences  which  all  must  | 
foresee  as  necessarily  resulting  from  the  position 
which  South  Carolina  has  thought  pioper  to 
assume. 

"  Here  nullification  is  declaimed,  on  one  hand, 
unless  we  abolish  our  revenue  system.  We 
con.senting  to  do  this,  they  remain  quiet.  But 
if  we  go  a  hair's  breadth  towards  enforcing  that 
system,  they  present  secession.  We  have  seces- 
sion on  one  liand,  and  nullidcation  on  the  other. 
The  senator  from  South  Carolina  admitted  the 
other  day  tliat  no  such  thing  as  constitutional 
secession  coidd  exist.  Then  civil  war,  disunion, 
and  anarchy  must  accompany  secession.  No 
one  denies  the  right  of  revolution.  That  is  a 
natund,  indefea-sible,  inherent  right — a  right 
which  we  have  exercised  and  held  out,  by  our 
example,  to  the  civilized  world.  Who  denies 
it?  Then  we  have  revolution  by  force,  not  con- 
stitutional secession.  That  violence  must  come 
by  secession  is  certain.  Another  law  passed  by 
the  legislature  of  South  Carolina,  is  entitled  a 
bill  to  provide  for  the  safety  of  the  people  of 
South  Carolina.  It  advises  them  to  put  on  their 
armor.  It  puts  them  in  nzilitary  array ;  and 
for  wliat  purpose  but  for  the  use  of  force  1  The 
provisions  of  these  laws  are  infinitely  worse  than 
those  of  the  feudal  system,  so  far  as  they  apply 
to  the  citizens  of  Carolina.  But  with  its  opera- 
tions oil  their  f)',vn  citizens  he  had  nothing  to 
do.  Resistance  was  just  as  inevitable  as  the 
nrrival  of  the  day  on  the  calendar.  In  addition 
to  these  documents,  what  did  rumor  say — ru- 
mor, which  often  falsifies,  but  sometimes  utters 
trutn.  If  we  judge  by  newspajwr  and  other 
reports,  more  men  were  now  ready  to  take  up 
arms  in  Carolina,  than  there  were  during  the  re- 
volutionary struggle.  The  whole  State  was  at 
this  moment  in  arms,  and  its  citizens  are  ready  to 
be  embattled  the  moment  any  attempt  was  made 
to  enforce  the  revenue  laws.  The  city  of  Charles- 
ton wore  the  appearance  of  a  military  depot." 

The  Bill  was  opposed  with  a  vehemence  rare'y 
witnessed,  and  every  effort  made  to  render  it 
odious  to  the  people,  and  even  to  extend  the 
:■  lium  to  the  President,  and  to  all  persons  in- 
stnimental  in  bringing  it  forward,  or  urging  it 
through.  Mr.  Tyler  of  Virginia,  was  one  of  its 
warmest  opposers,  and  in  the  course  of  an  elabo- 
rate speech,  said : 

"In  the  course  of  the  examination  I  have 
made  into  this  subject,  I  have  been  led  to  analyze 
(.ertain  doctrines  which  have  gone  out  to  the 
world  over  the  signature  of  the  President.  I 
know  that  my  language  may  be  seized  on  by 
tliose  who  arc  disposed  to  carp  at  mj'  course 
and  to  misrepresent  me.  Since  I  have  held  a 
place  on  this  tioor,  I  have  not  courted  the  smiles 


of  the  Executive;  but  whenever  ho  had  done 
any  act  in  violation  of  the  constitutional  rights 
of  the  citizen,  or  trenching  on  the  rights  of  the 
Senate,  I  have  been  found  in  opp«)sition  to  him. 
When  he  appointed  corps  of  editors  to  otiice,  I 
thought  it  was  my  duty  to  oppose  his  C(jurse. 
When  he  appointed  a  minister  to  a  foreipi  court 
without  the  sanction  of  the  law,  I  also  went 
against  him,  because,  on  my  conscience,  1  be- 
lieved that  the  act  was  wrong.  Such  was  my 
course,  acting,  as  I  did,  under  a  sense  of  the 
duty  I  owed  to  my  constituents  ;  and  1  will  now 
say,  I  care  not  how  loudly  the  triunpet  may  bo 
sounded,  nor  how  low  the  priests  may  bend  their 
knees  before  the  object  of  their  idolatry.  I  will 
be  at  the  side  of  the  President,  crying  in  nis  ear, 
'  Remember,  Philip,  thou  art  mortal ! ' 

"  I  object  to  the  first  section,  because  it  con- 
fers on  the  President  the  power  of  closing  old 
ports  of  entry  and  establishing  new  ones.  It 
has  been  rightly  said  by  the  gentleman  from 
Kentucky  [Mr.  Bibb]  that  this  was  a  prominent 
cause  which  led  to  the  Revolution.  The  Boston 
port  hill,  which  removed  the  custom-house  from 
Boston  to  Salem,  first  roused  the  people  to  re- 
sistance. To  guard  against  this  very  abuse,  the 
constitution  had  confided  to  Congress  the  power 
to  regulate  commerce  ;  the  establishment  of 
ports  of  entry  formed  a  material  part  of  this 
power,  and  one  which  required  legislative  enact- 
ment. Now  I  deny  that  Congress  can  deputize 
its  legislative  powers.  If  it  may  one,  it  may  all ; 
and  thus,  a  majority  here  can,  at  their  pleasure, 
change  the  very  character  of  the  government. 
The  President  might  come  to  be  invested  with 
authoritj'  to  make  all  laws  which  his  discretion 
might  dictate.  It  is  vain  to  tell  me  (said  Mr. 
T.)  that  I  imagine  a  case  which  will  never  exist. 
I  tell  you,  sir,  that  power  is  cumulative,  and  that 
patronage  begets  power.  The  reasoning  is  un- 
answerable. If  you  can  part  with  your  power 
in  one  instance,  you  may  in  another  and  another. 
You  may  confer  upon  the  President  the  right  to 
declare  war ;  and  this  very  provision  may  fairly 
be  considered  as  investing  hira  with  authority 
to  make  war  at  his  mere  will  and  pleasure  on 
cities,  towns,  and  villages.  The  prosperity  of  a 
city  depends  on  the  position  of  its  custom-houso 
and  port  of  entry.  Take  the  case  of  Norfolk, 
Richmond,  and  Fredericksburg,  in  my  own 
State;  who  doubts  but  that  to  remove  tho 
custom-house  from  Norfolk  to  Old  Point  Com- 
fort, of  Richmond  to  the  mouth  of  Chickah 
or  of  Fredericksburg  to  Tappahannock  or  Ur- 
banna,  would  utterly  annihilate  those  towns  1 
I  have  no  tongue  to  express  my  sense  of  the  pro- 
bable injustice  of  the  measure.  Sir,  it  involves  tho 
innocent  with  the  guilty.  Take  the  case  of 
Charleston ;  what  if  ninety-nine  merchants  were 
ready  and  willing  to  comply  with  your  revenue 
laws,  and  that  but  one  man  could  be  found  to 
resist  them;  would  you  run  the  hazard  of 
destroying  the  ninety-nine  in  order  to  punish 
one  ?  Trade  is  a  delicate  subject  to  touch ; 
once  divert  it  out,  of  its  regular  channels,  and 


"n 


r  «^^ 


'A     .  I 


n 

i 


'iSv    ., 

"I!       »' 


332 


TniRTV  YEARS'  VIRW. 


■  k  .'■'. 

^  b% 

1'. 
1  ■ 

■'M 

1 

t  -fi 


nolliint:  is  inoro  tliflicult  tliiin  to  restore  it. 
Tills  luoiisiirc  iiiny  involve  the  actniJ  ]>roi)erty 
of  every  iiiiin,  woiiinn,  nnd  child  in  timt  city  ; 
aii'l  this,  too.  when  you  have  a  reihinduncy  of 
millions  in  your  treasury,  and  when  no  interest 
can  sustain  injiny  liy  awaiting  the  actual  occur- 
ri'uce  of  a  case  of  resistance  to  your  laws,  hefore 
you  would  iiavo  an  opportunity  to  lexislato. 

'•  lie  isfurther  nnpowered  to  employ  the  land 
and  naval  forces,  to  ])ut  down  all  'aidi-rs  and 
abettors.'  How  far  will  this  authority  extend  ? 
Supi>ose  the  le^islatiire  of  South  Carohna  should 
hapjK'n  to  1r'  in  session  :  I  will  not  hlink  the 
question,  suppose  the  legislature  to  l»c  in  sesBion 
at  the  time  of  any  disturbance,  passinj;  laws  in 
furtherance  of  the  onlinanco  which  ha.s  been 
adopted  by  the  convention  of  that  State;  minht 
they  not  be  considered  b}'  the  I'resident  an  aiders 
ami  abettors  ?  The  I'lvsident  inipht  not,  |H'r- 
haps,  march  at  tiie  head  of  his  troop.s,  with  a 
flourish  of  drums  and  triun|tets,  and  with  bayo- 
nets lixt'd.  into  the  state-house  yard,  at  Colum- 
bia ;  but.  if  l>e  did  so,  he  would  iiiid  a  precedent 
for  it  in  Knplish  history. 

"  There  was  no  anibij^uity  about  this  measure. 
The  prophecy  had  already  gone  forth ;  the  Pre- 
sident has  said  that  the  laws  will  be  obstructed. 
The  I'resident  had  not  only  foretold  the  coming 
dirticulties,  but  he  has  also  assendded  an  army. 
The  city  of  Charleston,  if  report  s|ioke  true,  was 
now  a  lieleagured  city ;  the  cannon  of  Fort 
I'inckivy  are  jtoiutiug  at  it ;  and  although  tliey 
are  now  quietly  sleeping,  they  are  ready  to  open 
their  thunders  whenever  the  voice  of  authority 
shall  give  the  conunaud.  And  shall  these  ter- 
rors 1h'  let  loose  because  some  one  man  may  re- 
fuse to  pay  some  small  modicum  of  revenue, 
which  Congress,  the  day  after  it  came  into  the 
treasury,  might  vote  in  satisfaction  of  .some  un- 
founded claim  ?  Shall  we  set  so  small  a  value 
upon  the  lives  of  the  i)eople  ?  Let  us  at  least  wait 
to  see  the  cour.<e  of  measures.  AVe  can  never 
be  too  tardy  in  commencing  the  work  of  blood. 

"If  the  majority  shall  pass  this  bill,  thev 
must  do  it  on  their  own  responsibility ;  I  will 
have  no  part  in  it.  When  gentlemen  recount 
the  bkvsings  of  union  ;  when  they  dwell  upon 
the  past,  and  sketch  out,  in  bright  perspective, 
the  future,  they  awaken  in  my  breast  all  the 
pride  of  an  American  ;  my  pul.-<e  beats  respon- 
sive to  theii-s,  and  I  regard  union,  next  to  iix'e- 
dom,  as  the  greatest  of  ble.i.sings.  Yes.  sir.  'the 
federal  Union  mii.-t  be  preserved.'  Hut  how  ? 
Will  you  seek  to  i)re.seive  it  by  force ?  AV'ill 
you  appease  the  angry  spirit  of  discord  by  an 
oblation  of  blood  ?  Suppo.se  that  the  proud 
and  haughty  spirit  of  South  Carolina  shall  not 
bend  to  your  high  edicts  in  token  of  fealty ;  that 
you  make  war  upon  her,  hang  her  Governor,  her 
legislators,  and  judges,  as  traitors,  and  reduce 
her  to  the  condition  of  a  conqueivd  province — 
have  you  preserved  the  Union  1  This  Union 
consists  of  twenty-four  States  ;  would  you  have 
preserved  the  Union  by  striking  out  one  of  the 
States — one  of  the  old  thirteen?     Gentlemen 


had  boasted  of  the  flag  of  our  country,  with  it* 
thirteen  stars.  When  the  liglit  of  one  of  these 
stars  shall  have  been  extinguished,  will  the  Hag 
wavt-  ovei'  us.  under  which  our  fathers  fought? 
If  we  are  to  go  im  triking  out  star  after  star, 
what  will  liiuilly  remain  but  a  central  and  a 
burning  sun,  blighting  and  distioying  every 
germ  of  liberty  ?  The  Hag  which  I  wish  to 
wave  over  me,  is  that  which  floated  in  triunqih 
at  Saratoga  and  Yorktown.  It  bore  upon  it 
thirteen  States,  of  which  South  Carolina  v.as 
one.  Sir,  there  is  a  great  dillerence  between  pr»'- 
serving  Union  and  i>re.serviiig  governuient ;  the 
Union  may  be  anmhilated,  yet  goveriunent  pre- 
.served  ;  but,  under  such  a  government,  no  man 
ought  to  desire  to  live." 

Mr.  Webster,  one  (»f  the  committee  which  re- 
ported the  bill,  jastly  rebuked  all  this  vitup«Ta- 
tion,  and  justified  the  bill,  both  for  the  equity 
of  its  provision..,  and  the  necessity  for  enacting 
them.     Ho  said : 

"The  President,  charged  by  the  constitutior. 
with  the  duty  of  executing  the  laws,  has  sent 
us  a  me.'Jsage,  alleging  that  powerful  combina- 
tions are  forming  to  re.si.st  their  execution  ;  tliat 
the  existing  laws  are  not  sufliclent  to  meet  the 
crisis ;  and  recouunending  sundry  enactiiicut.s 
as  necessary  for  the  occasion.  The  message  be- 
ing referred  to  the  Judiciary  Conuuittte.  tlint 
conunittee  has  reported  a  bill  in  compliance  with 
the  President's  recommendation.  It  has  nut 
gone  beyond  the  message.  Every  ihing  in  the 
bill,  ever}-  single  i)rovision,  which  is  n.)vv  com- 
plained of,  is  in  the  mes.sage.  Yet  the  whole 
war  is  rai.sed  against  the  bill,  and  against  the 
committee,  a.s  if^  the  conunittee  had  originated 
the  whole  matter,  (lentlemen  get  up  and  ad- 
dress us,  lUH  if  they  wen*  arguing  against  some 
measure  of  a  factious  oppositicm.  They  look 
the  same  way,  sir,  and  speak  with  the  same  ve- 
hemence, as  they  used  to  do  when  they  rai.sed 
their  ])atriotic  voices  against  what  they  called  a 
'coalition.' 

'•  Now,  sir,  let  it  be  known,  once  for  all,  that 
this  is  an  administration  measure ;  that  it  is 
the  President's  own  measure ;  and  I  i)ray  gen- 
tlemen to  have  the  goodness  if  they  call  it  hard 
names,  and  talk  loudly  agamst  its  friend.s,  not 
to  overlook  its  source.  Let  them  attack  it,  if 
they  choo.xc  to  attack  it.  in  its  origin. 

''  Let  it  be  known,  also,  that  a  majority  of  the 
committee  reporting  the  bill  are  friends  and 
supporters  of  the  administration  ;  and  that  it  is 
maintained  in  this  house  \>j  tho,sc  who  are 
among  liis  steadfast  frienc'.-:,  of  long  standing. 

"It  is.  sir,  as  I  have  already  said,  the  Presi- 
dent's own  measure.  Ix-t  those  who  oppose  it, 
oppose  it  as  such.  Let  them  fairly  acknowledge 
its  origin,  and  meet  it  accordingly. 

"  The  honorable  member  from  Kentucky,  who 
spoke  first  against  the  bill,  said  he  found  in  it 
another  Jersey  prison-ship ;  let  him  state,  then, 


ANNO  IPnn.     ANDREW  JACKSON,  PRI-SIDKNT. 


333 


that  the  ProHidont  lins  scut  a  nioHHnpo  to  Con- 
pri'ss,  rt'coininoiidinp  a  ri-nowul  of  tin*  HiitlVriiif^H 
and  liorrorH  of  tlu'  tlt-rsey  prison-sliin,  IU>. 
fiayH,  too,  timt  tliu  bill  KiinirH  of  t)ii>  aliun  niul 
Hoilitioii  law.  Hut  the  bill  Ih  friinraiit  of  no 
flower  cxcopt  the  wiiiu'  whirh  m'rfuiiu'H  the 
ini'HHftKe.  Lot  him,  then,  nay,  if  he  thinkH  ho, 
tliut  (Jenerul  Jiu'kHon  lulvises  a  revival  of  the 
prineiplcH  of  the  alien  and  sedition  lawH. 

"  'l"he  honorable  nieinber  from  Virginia  [Mr. 
Tyler],  linds  out  a  rosemblanee  la'tween  this 
hill  and  the  Ilost(m  port  bill.  Sir,  if  one  of 
tlu'!»o  be  inxitated  from  the  other,  the  imitation 
is  the  President's.  Tlie  bill  makes  the  I'resi- 
(lent,  be  says,  sole  jndjte  of  tlie  eonstitution. 
Does  be  mean  to  say  that  the  President  has 
reeonniieiided  a  measure  which  is  to  make  him 
Kole  judf;e  of  the  constitution  ?  The  bill,  be  dc- 
ciai'es,  sucrilices  every  tbinn  to  arbitrary  power 
— he  will  lend  no  aid  to  its  passage — he  would 
rather  'be  a  doj:,  and  bay  the  moon,  than  such 
a  Homan.'  He  did  not  say  'the  old  Uoinan.' 
Yet  tlie  (jentlt man  well  knows,  that  if  i.ny  thing 
is  sacriliceil  to  arbitrary  power,  the  sacrillce 
lias  been  demanded  by  the 'old  lloman,' as  he 
and  others  have  called  him  ;  by  the  President 
whom  he  has  supported,  so  often  and  so  ably, 
for  the  chief  magistracy  of  the  country.  lie 
says,  too,  that  one  of  the  sections  is  an  English 
Jiotany  IJay  law,  except  that  it  is  much  wor.se. 
This  .section,  sir,  whatever  it  nuiy  be,  is  just 
what  the  President's  message  recommended. 
Similar  observations  are  applicable  to  the  re- 
marks of  both  the  honorable  gentlemen  from 
North  Carolina.  It  is  not  necessary  to  particu- 
!aii/e  those  remarks.  They  were  in  the  same 
btrain. 

"Therefore,  sir,  let  it  be  understood,  let  it  bo 
known,  that  the  war  which  these  gentlemen 
choose  to  wage,  is  waged  against  the  measures 
of  the  adjnini.stration,  against  the  President  of 
their  own  choice.  The  controversy  has  ari.scn 
between  him  and  them,  and,  in  its  jirogrcss, 
they  will  probably  conic  to  a  distinct  under- 
standing. 

"  Mr.  President,  I  am  not  to  be  understood  as 
admitting  that  the.se  charges  against  the  bill  are 
just,  or  that  they  would  l>e  just  if  made  against 
the  mes.sage.  On  the  contrary,  F  think  them 
wholly  unjust.  No  one  of  them,  in  my  opinion, 
can  be  made  good.  I  think  the  bill,  or  some 
similar  measure,  had  become  indisj)ensable,  and 
that  the  President  could  not  do  otherwise  than 
to  recommend  it  to  the  consideration  of  Con- 
press,  lie  was  not  at  liberty  to  look  on  and 
be  silent,  while  dangers  threatened  the  Union, 
which  existing  laws  were  not  competent,  in  his 
judgment,  to  avert. 

"  Mr.  President,  I  take  this  occasion  to  say, 
that  I  support  this  measure,  as  an  independent 
member  of  the  Senate,  in  the  discharge  of  the 
dictates  of  my  own  conscience.  I  am  no  man's 
leader ;  and,  on  the  other  haml.  I  follow  no  lead, 
but  that  of  public  duty,  and  tJie  star  of  the  con- 
stitution.   1  believe  the  country  is  in  consider- 


able danger;  T  believe  an  unlawful  combination 
threatens  the  integrity  of  the  I'nion.  I  In-lieve 
the  crisis  calls  for  a  mild,  ten»|H'rate.  forlic>aring, 
but  inflexibly  firm  execution  of  the  lawH.  And, 
under  this  conviction,  I  give  a  hearty  r<upport 
to  the  atlministration,  in  all  mea^iures  which  I 
<leem  to  be  fair,  just,  and  nw-essnr}'.  And  in 
supporting  these  measures.  1  mean  to  tak«'  my 
fair  share  of  res|)onsibility,  to  support  thiin 
frankly  and  fairly,  without  reflections  on  the 
past,  and  without  mixing  other  topics  in  their 
discussion. 

•'Mr.  I'resident,  I  think  I  understand  the 
sentiment  of  the  country  on  this  subject.  I 
think  public  opinion  sets  with  an  irresistibln 
force  in  favor  of  the  l'ui(m,  in  favor  of  the 
measures  recommended  by  the  President,  aii<l 
against  the  new  «loctrines  which  threaten  the 
dissolution  of  the  Union.  1  think  the  ]ieople 
of  the  United  States  demand  of  us,  who  are  in- 
trusted with  the  government,  to  maintain  tliat 
government ;  to  be  just,  and  fear  not ;  to  make 
all  and  suitable  provisions  for  the  execution  of 
the  laws,  and  to  sustain  the  Union  and  the 
constitution  against  whatswver  may  endanger 
them.  For  one,  1  oljey  this  public  voice  ;  I 
comply  with  this  demand  of  the  people.  I  sup- 
i)ort  the  administration  in  measures  which  I 
believe  to  be  necessary ;  and,  while  pursuing 
this  course,  I  look  unhesitatingly,  and  with  the 
utmost  confidence,  for  the  approbation  of  the 
country. 

The  support  which  Air.  Webster  gave  to  all 
the  President's  measures  in  relation  to  South 
Carolina,  and  his  exposure  of  the  doctrine  of 
nullification,  being  the  first  to  detect  and  de- 
nounce that  heresy,  made  him  extremely  obnox- 
ious to  Mr.  Calhoun,  and  his  friends  ;  and  must 
have  been  the  main  cause  of  his  exclusion  from 
the  confidence  of  Mr.  Clay  and  Mr.  Calhoun  in 
the  concoction  of  their  bill,  called  acompromi.se. 
His  motives  a.s  well  as  his  actions  were  attacked, 
and  fie  was  accused  of  subserviency  to  the  Presi- 
dent for  the  sake  of  future  favor.  At  the  same 
time  all  the  support  which  he  gave  to  these 
measures  was  the  regular  result  of  the  principles 
whicli  he  laid  down  in  his  first  speeches  against 
nullification  in  the  debate  with  Mr.  Hayne,  and 
he  could  not  have  done  less  without  being  dere- 
lict to  his  own  principles  then  avowed.  It  was 
a  proud  era  in  his  life,  supporting  with  tran- 
scendent ability  the  cause  of  the  constitution 
and  of  the  conntry,  in  the  person  of  a  chief 
magistrate  to  vshom  he  was  politically  opposed 
bursting  the  bonds  of  party  at  the  call  of  duty, 
and  displaying  a  patriotism  worthy  of  admira- 
tion and  imitation.  General  Jackson  felt  the 
debt  of  gratitude  and  admiration    which  he 


'    i 

I*; 


884 


THIRTY  YEARS'  VIKW. 


II 


'Ni 


owed  him  ;  the  country,  without  didttnction  of 
party,  felt  the  mmv ;  mul  the  univt'iKality  of 
tho  fvoling  wnM  one  of  tliu  grutofiil  inHtanrea  of 
popular  applause  and  jiiHtiov  wlien  (jrcat  taloutn 
are  neon  exerting  themwlvea  for  tho  good  of 
tho  country.  IIo  was  the  colopsal  figure  ou  the 
political  stage  during  that  eventful  time ;  and 
hi«  labors,  splendid  in  th«ir  day,  Burvivj  for  the 
benefit  of  distant  posterity. 


CHAPTER    LXXXIV. 

Mn.  CALIIOUN'8  NULLIFICATION  RESOLUTIONS. 

Simultaneously  with  the  commencomcnt  of  tho 
discussions  on  the  South  Carolina  proceeding.^, 
was  tho  introduction  in  the  Senate  of  a  set  of 
resolutions  by  Mr.  Calhoun,  entitled  by  him, 
^  ResoUuiona  on  the  powers  of  the  guvemuient  j  " 
but  all  involving  the  doctrine  of  nulliiication ; 
and  tho  debate  upon  them  deriving  its  point  and 
character  from  the  di.scussion  of  that  doctrine. 
The  following  were  the  resolutions : 

"  y?(?srt/iTf/.  That  tho  people  of  the  several 
States  composing  these  United  States  are  imitod 
as  parties  to  a  constitutional  compact,  to  which 
tho  people  of  each  State  acceded  as  a  separate 
sovereign  community,  each  binding  itself  by  its 
own  particular  ratification  ;  and  that  the  Union, 
of  which  the  said  compact  is  the  bond,  is  a  union 
between  tho  States  ratifying  the  same. 

" //<'so/re.'</.  That  the  people  of  the  several 
States,  thus  united  by  tho  constitutional  com- 
pact, in  forming  that  instrument,  and  in  creating 
a  general  government  to  carry  into  effect  the 
objects  for  which  they  were  formed,  delegated 
to  that  government,  for  that  purpose,  certain 
definite  powers,  to  be  exercised  jointly,  reserving 
at  the  same  time,  each  State  to  itself,  the  residu- 
ary mass  of  powers,  to  be  exercised  by  its  own 
separate  government;  and  that  whenever  the 
general  government  assumes  the  exercise  of 
powers  not  delegated  by  the  compact,  its  acts 
are  unauthorized,  and  are  of  no  effect ;  and  that 
tho  same  government  is  not  made  the  final 
judge  of  the  powers  delegated  to  it,  since  that 
would  make  its  discretion,  and  not  the  constitu- 
tion, the  measure  of  its  powers ;  but  that,  as  in 
all  other  cases  of  compact  among  sovereign  par- 
ties, without  any  common  jmlge,  each  has  an 
equal  right  to  judge  for  itself,  as  well  as  of  the 
infraction  as  of  the  mode  and  measure  of  redre-ss. 

'•  Resolced,  That  the  assertions  that  the  people 
of  these  United  States,  taken  collectively  as  in- 


dividuals, ore  now,  or  ever  have  Im-ch,  unite<l  on 
tho  principle  of  the  sociul  compact,  an«l  as  such 
arc  now  formed  into  one  nation  or  people,  or 
that  they  have  ever  been  so  united  in  any  »mo 
Btogo  of  their  political  exitttencc ;  that  the  |)eoplu 
of  the  several  States  comjwsing  the  Unicm  huvo 
not,  a«  members  thereof,  retained  their  sovereign- 
ty ;  that  the  allegiance  of  their  citizens  has  been 
transferred  to  tho  general  government ;  that 
they  have  parted  with  the  right  of  punishing 
treason  through  their  respective  State  govern- 
ments ;  and  that  they  have  not  the  right  of  judg- 
ing in  the  last  resort  as  to  the  exteJit  of  the 
powers  reserved,  and,  of  consequence,  of  those 
delegated;  arc  noi  oidy  without  foundation  in 
truth,  but  are  contrary  to  tho  most  certain  and 
plain  historical  facts,  and  tho  clearest  deductions 
of  reason  ;  and  that  all  exercise  of  power  on  tlio 
part  of  the  general  government,  or  any  of  its 
departments,  claiming  authority  from  so  erro- 
neous assumptions,  nuist  of  necessity  be  uncon- 
stitutional, nuist  tend  directly  and  inevitably  to 
subvert  the  sovereignty  of  the  States,  to  destroy 
the  federal  character  of  the  Union,  and  to  rear 
on  its  ruins  a  consolidated  government,  without 
constitutional  check  or  limitation,  and  which 
must  necessarily  terminate  in  the  loss  of  liberty 
itself." 

To  which  Mr.  Grundy  ofTcrcd  a  counter  set, 
as  follows: 

"1.  Ri'solved,  That  by  tho  constitution  of  the 
United  States,  certain  powers  arc  delegated  to 
tho  general  government,  and  those  not  delega- 
ted, or  prohibited  to  the  States,  are  reserved 
to  the  States  respectively,  or  to  tho  people. 

"2.  lienolced,  That  one  of  the  powers  express- 
ly granted  by  the  constitution  to  the  general 
government,  and  prohibiied  to  tho  States,  is 
that  of  laying  duties  on  imports. 

"  3.  licsolvcd,  That  the  power  to  lay  imposts  is 
by  tho  constitution  wholly  transferred  from  the 
State  authorities  to  tho  general  government, 
without  any  reservation  of  power  or  right  on 
the  part  of  the  State. 

"4.  Jfesolced,  That  the  tariff  laws  of  1828 
and  1832  are  exercises  of  the  constitutional 
power  possessed  by  tho  Congress  of  the  United 
States,  whatever  various  opinions  may  exist  us 
to  their  policy  and  justice. 

"  5.  liesolced,  That  an  attempt  on  tho  part  of 
a  State  to  annul  an  act  of  Congress  passed  up- 
on any  subject  exclusively  confided  by  the  con- 
stitution to  Congress,  is  an  encrooxjhnicnt  on  the 
rights  of  the  general  government. 

'•  G.  liesolvcd,  That  attempts  to  obstruct  or 
prevent  the  execution  of  the  several  acts  of  Con- 
gress imposing  duties  on  imports,  whether  by 
ordinances  of  conventions  or  legislative  enact- 
ments, are  not  warranted  by  the  constitution, 
and  are  dangerous  to  the  political  institutions  of 
the  country." 

It  w^as  La  the  discussion  of  these  resolutions, 


...'"'  .,i;'ss^iiL^ 


T-. 


ANNO  1838.     ANimr'.W  JACKSON,  IMU'.SIDF.NT. 


335 


ire  ^M'cn,  uniti'd  on 
ipnct,  niul  an  such 
tion  or  pfO|»k',  or 
uiiifi'il  in  any  one 
» ;  that  the  iicoplo 
ig  the  Union  huvo 
led  their  sovereign- 
r  citizenH  has  hein 
government ;   that 
right  of  iiuniMhing 
:tivo  State  govern- 
)t  the  right  ofjudg- 
tlie  extent  of  the 
isequcnce,  of  those 
hout  foundation  in 
ic  most  certain  and 
clearest  dediietioiis 
ise  of  power  on  the 
nent,  or  any  of  its 
rity  from  so  erro- 
necessily  he  nncoii- 
y  and  inevitahly  to 
le  States,  to  tk'stroy 

I  Union,  and  to  rear 
Kvernment,  without 
itation,  and   which 

II  the  loss  yf  hhcrty 


Percd  a  counter  set, 

e  constitution  of  the 
rs  arc  delegated  to 
d  those  not  delega- 
statea,  are  reserved 
r  to  the  people, 
the  powers  exprcss- 
tion  to  the  general 
1  to  the  States,  is 
lorts. 

wer  to  lay  imposts  is 
ransferred  from  the 
:eneral  government, 
'  power  or  right  on 

tariff  laws  of  1828 
the  constitutional 
gress  of  the  United 
)inion8  may  exist  as 

empt  on  the  part  of 
Congress  passed  up- 
onfided  by  the  con- 

ncroachuient  on  the 

nnent. 

nptfi  to  obstruct  or 

several  acts  of  Con- 
mports,  whether  by 
or  legislative  enact- 

)y  the  constitution, 
litical  institutions  of 

)f  these  resolutions, 


and  the  kindred  «ul»JectH  of  the  "force  bill"  and 
the  "  revenue  collection  bill,"  that  Mr.  Calhoun 
flret  publicly  revealed  the  nource  from  which 
he  obtained  tlie  seminal  idea  of  nullification  ox 
n  remedy  in  a  government.  The  Virginia  reso- 
lutions of  "J8-'(>!),  were  the  asHumed  source  of 
the  power  itself  oh  applicable  to  our  federal  and 
State  governments ;  but  the  essential  idea  of  n<d- 
lillcation  as  a  peaceful  and  lawful  mode  of  arrest- 
ing a  measure  of  the  general  government  by  the 
action  of  one  of  the  States,  was  derived  from  the 
Vfto  power  of  the  tribiniea  of  the  per)ple  in  the 
Iloman  government.  T  had  often  hc^rd  him  talk 
of  (hat  tribunitian  power,  and  celebrate  it  as  the 
perfection  of  good  government — as  being  for  the 
benefit  of  the  weaker  part,  and  operating  nega- 
tively to  prevent  oppression,  and  not  positively  to 
di)  injustice — but  I  never  saw  him  carry  that  idea 
into  a  public  speech  but  once,  and  that  was  on 
the  discussion  of  his  resolutions  of  this  session ; 
for  though  actually  delivered  while  the  "force 
bill"  was  before  the  Senate,  yet  all  his  doctrinal 
argument  on  that  bill  was  the  amplification  of 
Ilia  nullification  resolutions.  On  that  occasion 
lie  traced  the  Roman  tribunitian  power,  and  con- 
sidered it  a  euro  for  all  the  disorders  to  which 
the  Uomai\  state  had  been  subject,  and  the  cause 
to  which  all  her  subsequent  greatness  was  to  bo 
attributed.  This  remarkable  speech  was  deliver- 
ed February  15th,  18.33,  and  after  depicting  a 
government  of  the  majority — a  majorrty  uncheck- 
ed by  a  right  in  the  minority  of  staying  their 
measures — to  bo  unmitigated  despotism,  ho  then 
proceofled  to  argue  in  favor  of  the  excellence  of  the 
nlii  and  the  secenaion  power;  and  thus  deliver- 
ed himself: 

"  He  might  appeal  to  history  for  the  truth  of 
those  remarks,  of  which  the  Roman  furnished 
tlic  most  familiar  and  striking.  It  was  a  well- 
known  fact,  that,  from  the  expidsion  of  the  Tar- 
quins,  to  the  time  of  the  establishment  of  the 
trinunitian  power,  the  government  fell  into  a 
state  of  the  greatest  disorder  and  distraction, 
and,  he  might  add,  corruption.  IIow  did  th'" 
happen  ?  The  explanation  will  throw  important 
Ijijht  on  the  subject  under  consideration.  The 
community  was  divided  into  two  parts,  the  pa- 
tricians and  the  plebeians,  with  the  jiowers  of 
the  state  principally  in  the  hands  of  the  former, 
without  adequate  check  to  protect  the  rights  of 
the  latter.  The  result  was  as  might  be  expected. 
The  patricians  converted  tin  |iowers  of  the  go- 
vernment into  the  means  of  making  money,  to 
enrich  themselves  and  their  dependants.  They, 
in  a  word,  had  their  American  system,  growing 
out  of  the  peculiar  character  of  the  government 


and  condition  of  the  countiy.     This  requlreii 
explanation.     At  that  {MTiod,  according  to  tlio 
laws  of  nations,  when  one  nation  conquered  an- 
other, the  lands  of  the  vanquished  bdonged  to 
the  victors ;  and,  according  to  the  Itomun  law, 
the  luntls  thus  uc(|uired  were  divided  into  partn, 
one  allotte<l  to  the  iMM)rer  class  of  the  piople, 
and  the  other  asHigned  to  the  use  of  the  trea- 
sury, of  which  the  patricians  had  the  distribu- 
tion and  administration.    The  patricians  abused 
their  power,  by  withholding  from  the  |itoplo 
that  which  ought  to  have  been  allotted  to  them, 
and  by  converting  to  their  own  use  that  which 
ought  to  Imve  gone  to  the  treasury.    In  a  word, 
they  tiMik  to  themselves  the  entire  spoils  of  vic- 
tory, and  they  hud  thus  the  most  jiowerful  mo- 
tive to  keep  the  state  perpetually  involved  in 
war,  to  the  utter  hnpoverishment  an<l  oppret<sion 
of  the  people.  After  resisting  the  abuse  of  jwwer, 
by  all  peaceable  means,  and  the  oppression  be- 
coming intolerable,  the  jieople  at  last  withdrew 
from  the  city ;  they,  in  a  word,  seceded ;  and, 
to  induce  them  to  reunite,  the  patricians  con- 
ceded to  the  plebeians,  as  the  means  of  protect- 
ing their  separate  interests,  the  very  power  which 
ho  contended  is  necessary  to  protect  the  rights 
of  the  States,  but  which  is  now  represented  as 
necessarily  leading  to  disunion.     They  granted 
to  the  people  the  right  of  choosing  three  tri- 
bunes from  among  themselves,  whose  persona 
should  be  sacred,  and  who   sliould   have   the 
right  of  interjiosing  their  veto,  not  only  against 
the  passage  of  laws,  but  even  against  their  exe- 
cution ;  a  power  which  those  who  take  a  shal- 
low insight  into  human  nature  would  pronounce 
inconsistent  with  the  strength  and  unity  of  the 
state,  if  not  utterly  impracticable.    Yet,  so  far 
from  that  being  the  efll'ct,  from  that  day  tho 
genius  of  Rome  becatne  ascendant,  and  victory 
fidlowcd  her  steps  till  she  had  established  an 
almost  universal  dominion. 

"IIow  can  a  result  so  continr}-^  to  all  antici- 
pation bo  explained  ?  The  explanation  appear- 
ed to  him  to  be  simple.  No  measure  or  move- 
ment could  be  adopted  without  the  concurring 
consent  of  both  the  patricians  and  plebeians, 
and  each  thus  became  dependent  on  the  other, 
and,  of  consequence,  the  desire  and  objects  of 
neither  could  be  eflected  without  the  concur- 
rence of  the  other.  To  obtain  this  concurrence, 
each  was  compelled  to  consult  the  good  will  of 
the  other,  ancl  to  elevate  to  office  not  simjily 
those  who  might  have  the  confidence  of  the  or- 
der to  which  he  belongo<l,  but  also  that  of  the 
other.  The  result  was,  that  men  possessing 
those  qualities  which  would  naturally  command 
confidence,  moderation,  wisdom,  justice,  and  pa- 
triotism, were  elevated  to  office  ;  and  these,  by 
the  weight  of  their  authority  ami  the  pnidencc 
of  their  counsel,  together  with  that  spirit  of 
unanimity  necessarily  resulting  from  the  con- 
curring assent  of  tho  two  orders,  furnishes  tho 
real  explanation  of  the  power  of  the  Roman 
state,  and  of  that  extraordinary  wisdom,  mode- 
ration, and  firmness,  which  in  so  remarkable  a 


i 


^ 


336 


THIRTY  YEARS'  VIEW. 


■Milk 


degree  characterized  her  public  men.  lie  might 
ilhistratc  tho  truth  of  the  position  which  he  Imd 
laid  down,  by  a  reference  to  the  history  of  all 
free  states,  ancient  and  modem,  distinguished 
for  their  power  and  patriotism  ;  and  conclusive- 
ly show  not  only  that  ihcre  was  not  one  which 
had  not  some  contrivance,  under  some  form,  by 
which  the  concurring  as£ent  of  the  different 
portions  of  the  community  was  made  necessary 
in  the  action  of  government,  but  also  that  the 
virtue,  patriotism,  and  strength  of  the  state 
were  in  direct  propc:  lor  .0  the  strength  of  the 
means  of  securing  suck^  assent.  In  estimating 
the  operation  of  tijis  principle  in  our  system, 
which  depends,  as  he  had  stated,  on  the  right 
of  interposition  on  the  part  of  the  State,  we 
must  not  omit  to  take  into  consideration  the 
amending  power,  bv  which  new  jtowers  may  be 
granted,  or  any  derangement  of  the  system  be 
corrected,  by  the  concurring  assent  of  three- 
fourths  oi'  the  States ;  and  thus,  in  the  same 
<li'gree,  strengthening  the  power  of  repairing 
any  derani^enjent  occasioned  by  the  executive 
action  of  a  State.  In  fact,  the  power  of  inter- 
position, fairly  understood,  may  be  considered 
in  the  light  of  an  appeal  agrinst  the  usuq>ations 
of  the  general  government,  the  joint  agent  of  all 
the  States,  to  the  States  themselves,  to  be  de- 
cided, under  the  amending  power,  affirmatively, 
in  favor  of  the  government,  by  the  voice  of 
■if,:ee-fourthsof  the  States,  as  the  highest  power 
known  under  the  system. 

"Mr.  C,  said  that  he  knew  the  difficulty,  in 
our  country,  of  establishing  the  truth  of  the 
l)r'ncip!c  for  which  he  contended,  though  rest- 
ing upon  the  clearest  reason,  and  tested  by  the 
universal  experience  of  free  nations.  !fe  knew 
that  the  governments  of  the  several  St.ttes  would 
be  cited  ns  an  argument  against  the  orclusion 
to  which  he  had  arrived,  ar.d  which,  for  the 
most  part,  were  constructed  on  tbt  principle  of 
the  absolute  majority ;  but,  in  his  opinion,  a 
satisfactory  answer  could  be  given ;  that  the 
objects  of  expenditure  which  fell  within  the 
sphere  of  a  State  government  were  few  and  in- 
considerable ;  so  that,  be  their  action  ever  so 
irr'.'gulrr  it  could  occasion  but  little  derange- 
ment. If,  instead  of  being  memlwrs  of  this 
great  confederacy,  they  'brmed  distinct  commu- 
nities, and  were  compelled  to  raise  armies,  and 
incur  other  expenses  ncces.sary  for  their  ''ofence, 
the  laws  which  he  had  laid  down  as  necessarily 
controlling  the  action  of  a  S  .te,  where  the  will 
of  fiU  absolute  and  unchecked  majority  prevailed, 
would  speedily  disclose  themselves  in  faction, 
anarchy,  and  cormption.  Even  as  the  case  is, 
tho  opcation  of  the  causes  to  which  he  had  re- 
ferred were  perceptible  1::  some  of  the  larger 
and  more  populous  members  of  the  Union,  whc'se 
governments  had  a  powerful  central  action,  ami 
which  already  showed  a  strong  tendency  to  that 
moneyed  action  which  is  the  invariable  forerun- 
ner of  corruption  and  convulsions. 

"But  to  return  to  the  general  gove.iui.rv* ; 
wo  have  now  sufSciont  experience  to  ascertain 


that  the  tendency  to  conflict  in  this  action  is 
between  Southern  on.l  other  sections.  The  lat- 
ter. h"7ing  ii  decided  majority,  must  habitually 
be  possessed  of  the  powers  of  the  government, 
both  in  this  and  in  the  other  House ;  and,  being 
governed  by  that  instinctive  love  of  power  so 
natural  to  the  human  breast,  tiiey  must  become 
the  advocates  of  the  power  of  government,  and 
in  the  same  degree  opposed  to  tho  limitvtions ; 
while  the  otiier  and  weaker  section  is  as  nea>H- 
.sarily  thrown  on  the  side  of  the  limitations.  In 
one  rt'ord,  the  one  section  is  the  natural  guar- 
dian of  the  delegated  powers,  and  the  other  of 
the  reserved ;  and  the  struggle  on  the  side  of 
the  former  will  be  to  enlarge  the  powers,  while 
that  on  the  oi)posite  side  will  be  to  restrain 
them  within  their  constitutional  liniits.  The 
contest  will,  in  fact,  be  a  contest  between  power 
and  liberty',  and  such  he  considered  the  present ; 
a  contest  m  which  the  weaker  section,  with  its 
peculiar  labor,  productions,  and  situation,  has  at 
stake  all  that  can  be  dear  to  freemen.  Should 
they  be  able  to  maintain  in  their  full  vigor  their 
reserved  rigl'.'s,  liberty  and  prospi-rily  will  Ije 
their  portion ;  but  if  they  yield,  and  permit  the 
stronger  interest  to  consolidate  within  itself  ail 
the  powers  of  the  government,  then  will  its  fate 
lie  more  wretched  thim  that  of  the  aborigines 
whom  they  have  expL-lled,  or  of  their  slaves. 
In  this  great  struggle  between  the  delegated  and 
reserved  powers,  so  far  from  repining  that  his  lot 
and  that  of  those  whom  he  re])ri>sented  is  east  on 
the  side  of  the  latter,  he  rtjoiced  that  such  is  (he 
fact;  for  tliough  wc  participate  in  but  fi".v  of 
the  advantages  o^  the  government,  we  fire  nmi- 
pensatcd,  and  nuire  tlmn  compensated,  in  not 
ln.'ing  BO  much  exposed  to  its  corruption.  \,.r 
(lid  he  repine  that  the  duty,  so  difficult  to  he 
discharged,  as  the  defence  of  the  reserved  powers 
against,  apparently,  such  fearful  odds,  had  Ikth 
assigned  to  them.  To  discharge  successfully 
this  high  duty  requires  the  highest  qualitieis. 
moral  and  intellectual ;  and,  should  you  perfdrni 
it  with  a  zeal  and  ability  in  proportion  to  its 
magnitude,  instead  of  bv?ing  mere  planters,  our 
section  will  become  distii>guishcMl  for  its  patriot!! 
and  statesmen.  But,  on  the  other  hand,  if  we 
prove  unworthy  of  this  high  destiny,  if  wc  yield 
to  the  steady  encroachment  of  power,  the  se- 
verest and  most  debasing  calamity  ..m1  cornip- 
tion  will  overspread  the  land.  Every  iSoutliirn 
man,  true  to  the  interests  of  his  section,  and 
faithful  to  the  duties  which  Providence  has 
allotted  him,  will  Ik*  for  ever  excluded  from  the 
hont)rs  and  enjoluinents  of  this  government. 
which  will  be  reserved  for  those  only  who  have 
qualified  themselws,  by  political  prostitution, 
for  admission  into  the  Magdalen  Asylum." 

In  this  extract  from  that  remarkable  speech, 
the  first  one  in  which  Mr.  Calhoun  defendinl 
nullification  and  secetfsion  in  the  Senate,  and  in 
v.iiicn  every  word  bears  the  impress  of  intciiw 
thought,  there  is  distinctly  to  be  seen  his  opin- 


■'I     .:i 


ANNO  1888.     ANDREW  JACKSON,  PRESIDENT. 


337 


;  in  this  action  is 
icctions.     The  lat- 
f  must  habitually 
if  the  government, 
House;  and, being 
love  of  power  so 
tiicy  must  become 
f  government,  and 
to  the  limitfc'.tions ; 
section  is  as  nca-s- 
the  limitations.   In 
8  the  natural  guar- 
s,  and  the  other  of 
gie  on  the  side  of 
c  the  powers,  while 
will  be  to  restrain 
itional  limits.    The 
litest  between  power 
isidcred  the  present; 
ker  section,  with  its 
and  situation,  has  at 
to  freemen.     Should 
their  full  vigor  their 
d  prosperity  will  k 
yield,  and  permit  the 
date  within  itself  all 
ent,  then  will  its  fate 
»at  of  the  aborigints 
\    or  of  their  slaves, 
e'en  the  delegated  and 
u  repining  that  his  lot 
rcpresenU'd  is  east  on 
joiced  that  such  is  tlic 
icipate  in  but  f<".v  cf 
eminent,  we  fiiv  com- 
compensateil,  in  not 
its  corruption.    N.r 
Lity,  so  dilliciilt  to  lie 
of  the  reserved  powors 
fearful  odds,  had  been 
lischarge  successfully 
the  highest  qualities, 
ul,  should  you  perform 
|y  in  proportion  to  its 
^g  mere  planters,  our 
guished  for  its  patriots 
the  other  haml,  if  «e 
igh  destiny,  if  we  yield 
lent  of  power,  the  «•• 
calamity    ..^d  cornip- 
land.    Every  vSontliern 
Xs  of  his  section,  and 
A'hich  Providence  lias 
Ivcr  excluded  from  the 
of  this  government, 
,r  those  only  who  have 
political  prostitution, 
agdalen  Asylum." 

liat  remarkable  spocob, 
iMr.  Calhoun  defended 
L  in  the  Senate,  and  in 
1  the  impress  of  intense 
lly  to  be  seen  his  opin- 


ion of  the  defects  of  our  duplicate  form  of  go- 
vernment (State  and  federal),  and  of  the  remedy 
for  those  defects.  I  say,  in  our  form  of  govern- 
ment; for  his  speech  had  a  practical  application 
to  ourselves,  and  was  a  defence,  or  justification 
of  the  actual  raeasures  of  the  State  he  lepix'sentcd. 
And  this  defect  was,  the  unchecked  authmity 
of  a  majority ;  and  the  remedy  was,  an  au- 
thority in  the  minority  to  check  that  majority, 
and  to  secede.  This  clearly  was  an  absolute 
condemnation  of  the  fundamcnta.  principle  upon 
which  the  administration  of  the  federal  consti- 
tution, and  of  the  State  con^->titutions  rested. 
But  he  did  not  limit  himself  to  the  benefits  of 
the  veto  and  of  aeceaaion,  as  shown  in  Roman 
history ;  h-i  had  recourse  to  the  Jewish  for  the 
game  purpose — and  found  it — not  in  a  veto  in 
each  of  the  twe've  tribes,  but  in  the  right  of 
secession ;  and  found  it,  not  in  the  minority,  but 
the  majority,  in  the  reign  of  Jeroboam,  when 
ten  tribes  seceded.  That  example  is  thus  intro- 
duced : 

"  Among  the  few  exceptions  in  the  Asiatic 
nations,  the  government  of  the  twelve  tribes  of 
Isra.'l,  in  its  early  period,  was  the  most  striking. 
Their  government,  at  first,  was  vi  mere  confedera- 
tion, without  any  central  power,  till  a  military 
chieftain,  with  the  title  of  king,  was  placed  at 
its  head,  without,  however,  merging  the  original 
organization  of  the  twelve  distinct  tribes.    This 
was  the  conmienccment  of  thr»t  central  action 
among  that  peculiar  people,  which,   in   three 
generations,  terminated  in  a  permanent  tlivision 
of  their  tribes.     It  is  impossible  even  for  a  care- 
less reader  to  peruse  the  history  of  that  event 
without  being  forcibly  struck  with  the  analogy 
in  the  causes  which  led  to  their  separation,  and 
those  which  now  threaten  us  with  a  similar 
calamity.     With  the  establishment  of  the  central 
]io\ver  in  the  king  commenced  a  system  of  tax- 
ation, which,  under  king  Solomon,  vvi's  greatly 
increased,  to  defray  the  expense  of  rearing  the 
temple,  of  enlarging  and  cmlnllishing  Jerusalem, 
tlie  seat  of  the  central  governinc  it,  and  the  other 
profuse  expenditures  of  his  magnilieent  reign. 
lncrca.sed  taxation  was  followed  by  its  natural 
ponsequenres — discontent  anfi  complaint,  which 
k'fore  his  death  began  to  excite  resista-.^-e.     ( )n 
tlie  succession  of  his  son,  Ueliohoani,  the  ten 
tiilies,  headed   by  Jeroboam,  <ieinanded   a  re- 
duction of  the  taxes ;  the  temple  heinp;  finished, 
and  the  emlxdlishment  of  Jerusalem  coiiipletod, 
and  the  money  which  had  been  raised  for  that 
purpose  being  no  longer  reiiuired,  or,  in  other 
V.I  rds,  the  debt  being  paiil,  they  tUnianded  a 
riduclion  of  the  duties — a  reiK-al  of  the  tarill'. 
Tlic  demand  was  taken  under  consideration,  and, 
after  consulting  the  ohi  iiien  (the  counsellors  of 
'98),  who  advised  a  reduction,  he  then  took  the 
Vol.  I.— 22 


opinion  of  the  younger  politicians,  who  had  since 
grown  up,  and  knew  not  the  doctrines  of  their 
fathers.  Ho  hearkened  unto  their  counsel,  and 
refused  to  make  the  reduction ;  and  the  secession 
of  the  ten  tribes,  under  Jeroboam,  followed. 
The  tribes  of  Judah  and  Benjamin,  which  had 
received  the  disbursements,  alone  remained  to 
the  house  of  David." 

This  example  also  had  a  practical  applicalion, 
and  a  squint  at  the  Virginia  resolutions  of  '98- 
"JO,  and  at  the  military  chieftain  then  at  the 
head  of  our  government,  with  a  broad  intimation 
of  what  was  to  happen  if  the  taxes  were  not 
reduced ;  and  that  happened  to  be  seceaaion.  And 
all  this,  and  the  elaborate  s])eech  from  which  it 
is  taken,  and  many  others  of  the  same  character 
at  the  same  time,  was  delivered  at  a  time  when 
the  elections  had  decided  for  a  reduction  of  the 
taxes — when  a  bill  in  th<>  House  was  under  con- 
sideration for  that  purpose — and  when  his  own 
"  compromise  "  bill  was  in  a  state  of  concoction, 
and  advanced  to  a  stage  to  assure  its  final  pa8B< 
ing.     Strong  must  have  been    Mr.  Calhoun's 
desire  for  his  favorite  remedy,  when  he  could 
contend  for  it  under  such  circumstances — under 
circumstances  which  showed  that  it  could  not 
be  wantetl  for  the  purpose  which  he  then  avowed. 
Satisfied  of  the  excellence,  and  even  necessity  in 
our  system,  of  this  remedy,  the  next  (luestion 
was  to  create  it,  or  to  find  it ;  create  it,  by  an 
amendment  to  the  constitution ;  or  find  it  alre.idy 
existing  there ;  and  this  latter  was  done  by  a 
new  reading  of  the  famous  Virginia  resolutions 
of  '98-'00.     The  right  in  any  State  to  arrest  an 
act  of  Congress,  and  to  stay  it  until  three  fourths 
of  the  States  ordered  it  to  proceed,  and  with  a 
light  forcibly  to  resist  if  any  attempt  was  made 
in  the  mean  time  to  enforce  it,  with  the  correla- 
tive right  of  secession  and  permanent  separation, 
were  all  found  by  him  in  these  resolutions — the 
third  especially,  which  was  rend,  and  commented 
upon  for  the  purpose.     Mr.  Rives,  of  ^'irginia, 
repulsed  that  interpretation  of  the  act  of  his 
State,  and  showed  that  an  apiieal  to  public  opin- 
ion was  all  that  w.is  intended  ;  and  quoted  the 
message  of  G  ovenior  Jlonroc  to  show  that  the 
judgment  of  the  federal  court,  under  one  cf  the 
acts  declared  to  he  unconstitutional,  was  curried 
into  etlect  in  the  cajntal  of  Virginia  with  the 
onler  and  tran(iuiility  of  any  other  judgment. 
He  said : 

"  But,  sir,  the  proceedings  of  my  State,  on 
onother  occasion  of  far  higher  miportauce,  havft 


338 


THIRTY  YEAllS'  VIEW. 


flW' 


>■:*■■■ 


1  i- 


been  so  frequently  referred  tOj  in  the  course  of 
this  debate,  as  an  example  to  justify  the  present 
proceedinp^s  of  South  Carolina,  that  I  may  be 
excused  for  saying  something  of  them.  What, 
then,  was  the  conduct  of  Virginia,  in  the  me- 
morable era  of  '98  and  '99  ?  She  solemnly  pro- 
tested against  the  alien  and  sedition  acts,  as '  pal- 
pable and  alarming  infractions  of  the  constitu- 
tion ; '  she  communicated  that  protest  to  the 
other  States  of  the  Union,  and  earnestly  appealed 
to  them  to  unite  with  her  in  a  like  declaration, 
that  this  deliberate  and  solemn  expression  of  the 
opinion  of  the  States,  as  parties  to  the  constitu- 
tional compact,  should  have  its  proper  effect  on 
the  councils  of  the  nation,  in  procuring  a  revi- 
sion and  repeal  of  the  obnoxious  acts.  This 
was 'the  head  and  front  of  her  offending' — no 
more.  The  whole  object  of  the  proceedings  was, 
by  the  peaceful  force  of  public  opinion,  embodied 
through  the  organ  of  the  State  legislatures,  to 
obtain  a  repeal  of  the  laws  in  question,  not  to 
oppose  or  arrest  their  execution,  wliile  they  re- 
mained unrepealed.  That  this  was  the  true 
spirit  and  real  purpose  of  the  proceeding,  is 
abundantly  manifested  by  the  whole  of  the  able 
debate  wliich  took  place  in  the  legislature  of  the 
State,  on  the  occasion.  All  the  speakers,  who 
advocated  the  resolutions  which  were  finally 
adopted,  distinctly  placed  them  on  that  legiti- 
mate, constitutional  ground.  I  need  only  refer 
to  the  emphatic  declaration  of  John  Taylor,  of 
Caroline,  the  distinguished  mover  and  able 
champion  of  the  resolutions.  He  said  '  the  ap- 
peal was  to  public  opinion ;  if  that  is  against 
us,  we  must  yield.'  The  same  sentiment  was 
avowed  and  maintained  by  everj'  friend  of  the 
resolutions,  throughout  the  debate. 

"But.  sir,  the  rcal  intentions  and  policy  of 
Virginia  were  proved,  not  by  declarations  and 
speeches  merely,  but  by  facts.  If  there  ever 
was  a  law  odious  to  a  whole  people,  by  its 
daring  violation  of  the  fimdamental  guaranties 
of  public  liberty,  the  freedom  of  speech  and  free- 
dom of  the  press,  it  was  the  sedition  law  to  the 
people  of  Virginia.  Yet,  amid  all  this  indignant 
dissatisfaction,  "after  the  solemn  protest  of  the 
legislature,  in  '98,  and  the  renewal  of  that  pro- 
test, iu  '99,  this  most  odious  and  arbitrary  law 
was  peaceabh'^  carried  into  execution,  in  the 
capital  of  the  State,  by  the  pro.secution  and  pim- 
ishmcnt  of  Callender,  who  was  fined  and  im- 
prisoned for  daring  to  canvass  the  conduct  of 
our  public  men  (a.s  Lyon  and  Cooper  had  been 
elsewhere),  and  was  still  actually  imprisoned, 
when  the  legislature  assembled,  in  December, 
1800.  Notwithstanding  the  excited  sensibility 
of  the  public  mind,  no  popular  tumult,  no  legis- 
lative interfoi'ence,  disturbed,  in  any  manner,  the 
full  and  peaceable  execution  of  the  law.  The 
Senate  will  excuse  me,  I  trust,  for  calling  their 
attention  to  a  most  forcible  commentary  on  the 
true  cliarjictor  of  the  Virginia  proceedings  of  98 
and  '99  (;is  illustrated  in  this  tran.sactioii),  which 
was  coiitJiined  in  the  official  communication  of 
Mr.  Monroe,  then  GoTcruor  of  the  State,  to  the 


legislature,  at  its  assembling,  in  December,  1800. 
After  referring  to  the  distribution  which  had 
been  ordered  to  be  made  among  the  people,  of 
Mr.  Madison's  celebrated  report,  of  '99,  he  says : 
'  In  connection  with  this  subject,  it  is  proper  to 
add,  that,  since  your  last  session,  the  sedition 
law,  one  of  the  e  ts  complained  of,  has  been  car- 
ried into  effect  m  this  commonwealth,  by  the 
decision  of  a  <",deral  court.  I  notice  this  event, 
not  with  a  view  of  censuring  or  criticising  it. 
The  transaction  has  gone  to  the  world,  and  the 
impartial  will  judge  bf  it  as  it  deserves.  I  no- 
tice it  for  the  purpose  of  remarking  that  tl 
decision  was  executed  with  the  same  order  and 
tranquil  submission,  on  the  part  of  the  people, 
as  could  have  been  shown  by  them,  on  a  similar 
occasion,  to  any  the  most  necessary,  constitu- 
tional, and  popular  acts  of  the  government.' " 

!Mr.  Webster,  in  denying  the  derivation  of  nul- 
lification and  secession  from  the  constitution, 
said: 

"  The  constitution  does  not  provide  for  events 
which  must  be  pi\ceded  by  its  own  destruction. 
Secession,  therefore,  since  it  must  bring  these 
consequences  with  it,  is  revolutionary.  And 
nullification  is  equally  revolutionary.  AVhat  is 
revolution  ?  Why,  sir,  that  is  revolution  which 
overturns,  or  controls,  or  succes.«fully  resists  the 
existing  public  authority  ;  that  which  arrests 
the  exercise  of  the  supreme  jwwer ;  that  wliicli 
introduces  a  new  paramount  authority  into  tlic 
rule  of  the  state.  Now,  sir,  this  is  the  precise 
object  of  nullification.  It  attempts  to  supersede 
the  supreme  legislative  authority.  It  arrestii 
the  ann  of  the  Executive  Magistrate.  It  inter- 
rupts the  exercise  of  the  accustomed  judicial 
power.  Under  the  name  of  an  ordinance,  it  de- 
clares null  and  void,  within  the  State,  all  the 
revenue  laws  of  the  United  States.  Is  not  this 
revolutionary  ?  Sir,  so  soon  as  this  ordinance 
shall  be  carried  into  effect,  a  revolution  will  have 
commenced  in  South  Carolina.  She  will  have 
thrown  off  the  authority  to  which  her  citizens 
have,  heretofore,  been  subject.  She  will  have 
declared  her  own  opinions  and  her  own  will  to 
be  above  the  laws,  and  above  the  p^^wer  of  those 
who  are  intrusted  with  their  administnition. 
If  she  makes  good  these  declarations,  she  is  re- 
volutionized. As  to  her,  it  is  as  distinctly  a 
change  of  the  supreme  power  as  the  American 
llevolution,  of  177().  That  revolution  did  not 
subvft  government,  in  all  its  forms.  It  did'' 
si'.'n'crt  local  laws  and  municipal  administia- 
tiu;is.  It  only  threw  off  the  dominion  of  a  power 
claiming  to  be  superior,  and  to  have  a  right,  in 
many  important  respects,  to  exercise  legislative 
authority.  Thinking  this  authority  to  have 
been  usurped  or  abused,  the  American  colonies. 
now  the  United  States,  bade  it  defiance,  and 
fieetl  themselves  from  it,  by  means  of  a  revolu- 
tion. But  that  revolution  left  them  with  their 
own  municipal  laws  still,  and  the  forms  of  lncal 
government.    If  Carolina  now  shall  effcctuall/ 


r-^- 


ANNO  1883.    ANDREW  JACKaON,  PRESmENT. 


339 


December,  1800. 
ition  which  had 
ng  the  people,  of 
t,  of  '99,  he  says : 
ct,  it  is  proper  to 
sion,  the  sedition 
>  of,  has  been  car- 
onwealth,  by  the 
notice  this  event, 

or  criticising  it. 
the  world,  and  the 
t  deserves.  I  no- 
marking  that  tl 
he  same  order  and 
part  of  the  people, 

them,  on  a  similar 
iccessary,  constitu- 
te government.' " 

le  derivation  of  nul- 
m  the  constitution, 

)t  provide  for  events 
its  own  destruction, 
it  must  bring  these 
evolutionary.     And 
lutionary.    What  is 
t  is  revolution  which 
accessfuUy  resists  the 
;  that  which  arrests 
c  iwwer ;  that  winch 
nt  authority  into  the 
ir,  this  is  the  prcciM' 
attempts  to  superswk 
uthority.     It  arrestii 
ilagistrate.    It  nittr- 
accustomed  judicial 
l)f  an  ordinance,  it  dc- 
lin  the  State,  all  the 
d  States.    Is  not  tins 
,on  as  this  ordinance 
a  revolution  will  have 
alina.    She  will  have 
Ito  which  her  citizens 
)ject.    She  will  have 
;  and  her  own  will  to 
ke  the  r^wcr  of  those 
their  administration, 
cclarations,  she  is  rc- 
it  is  as  distinctly  a 
pwer  as  the  American 
Iftt  revolution  did  not 
its  Torms.    It  did '' 
unicipal  administu- 
,e  dominion  of  a  power 
l,id  to  have  a  right,  m 
to  exercise  legislative 
lis  authority  to  have 
the  American  colonies. 
bade  it  dettauoc,  and 
by  means  of  ft  revolu- 
,n  left  them  with  their 
and  the  forms  of  h'cal 
now  shaU  effcctu»Uy 


resist  the  laws  of  Congress — if  she  shall  be  her 
own  judge,  take  her  remedy  into  her  own  hands, 
obey  the  laws  of  the  Union  when  she  pleases, 
and  disobey  them  when  she  pleases — she  will 
relieve  herself  from  a  paramount  power,  as  dis- 
tinctly as  did  the  American  colonics,  in  177G. 
In  other  words,  she  will  achieve,  as  to  herself,  a 
revolution." 

The  speaker  then  proceeded  to  show  what 
nullification  was,  as  Induced  to  practice  in  the 
ordinance,  and  other  proceedings  of  South  Caro- 
lina ;  and  said : 


m 


"  But,  sir,  while  practical  nullificat'x  n  ... 
South  Carolina  would  be,  as  to  herself,  actual 
and  distinct  revolution,  its  necessary  tendency 
must  also  be  to  spread  revolution,  and  to  break 
up  the  constitution,  as  to  all  the  other  States. 
It  strikes  a  deadly  blow  at  the  vital  principle  of 
the  whole  Union.  To  allow  State  resistance  to 
the  laws  of  Congress  to  be  rightful  and  proper, 
to  admit  nullification  in  some  States,  and  yet 
not  expect  to  sec  a  dismemberment  of  the  en- 
tire government,  appears  to  me  the  wildest  illu- 
BJon  and  the  most  extravagant  folly.  The  gen- 
tleman seems  not  conscious  of  the  direction  or 
the  rapidity  of  his  own  course.  The  current  of 
his  opinions  sweeps  him  along,  he  knows  not 
whither.  To  begin  with  nullihcation,  with  the 
avowed  intent,  nevertheless,  not  to  p'Dceed  to 
Rccssion,  dismemberment,  and  general  revolu- 
tion, is  as  if  one  were  to  take  the  plunge  of 
Niagara,  a*id  cry  out  that  he  would  stop  half- 
way down.  In  the  one  case,  as  in  the  other, 
tlie  rash  adventurer  must  go  to  the  bottom  of 
the  dark  abyss  below,  were  it  not  that  that 
abvss  has  no  discovered  bottom. 

''Nullification,  if  successful,  arrests  the  power 
of  the  law,  absolves  citizens  from  their  duty, 
subverts  the  foundation  both  of  protection  and 
obedience,  dispenses  with  oaths  and  obligations 
of  allegiance,  and  elevates  another  authority  to 
supreme  command.      Is  not  this  revolution  ? 
kni  it  raises  to  supreme  command  four-and- 
twciity  distinct  powers,  each  professing  to  be 
under  a  general  government,  and  yet  each  set- 
ting its  laws  at  defiance  at  pleasure.     lu  not 
this  anarchy,  as  well  as  revolution  ?    Sir,  the 
Constitution  of  the  United  States  was  received 
as  a  whole,  and  for  the  whole  country.     If  it 
cannot   stand   altogether,  it  cannot   stand  in 
piirts ;  and,   if  the   laws  cannot  be  executed 
tvery  where,  they  cannot  long  be  executed  any 
wliuR'.    The  gentleman  very  well  knows  that 
all  duties  and  imposts  must  be  uniform  through- 
out the  country.     He  knows  that  we  cannot 
have  one  rule  or  one  law  for  South  Carolina, 
and  another  for  other  States.     lie  mu.st  .  i-e, 
tlimfore,  and  does  see — every  man  sees — that 
the  only  alter  lative  is  a  repeal  of  the  laws 
throughout  the  whole  Union,  or  their  execution 
I  in  Carolina  as  well  as  elsswhere.    And  this  re- 
peal is  demanded,  because  a  single  State  inter- 
(oses  her  vcto^  and  tlm^teos  resistance  !    The 


result  of  tic  gentleman's  opinions,  or  rather  the 
very  text  of  his  doctrine,  is,  that  no  act  of  Con- 
gress can  Vindall  the  States,  the  constitutionali- 
ty of  whicii  is  not  admitted  by  all ;  or,  in  other 
words,  that  no  single  State  is  bound,  against  its 
own  dissent,  by  a  law  of  imposts.  This  was 
precisely  the  evil  experienced  under  the  old 
confederation,  and  for  remedy  of  which  this 
constitution  was  adopted.  The  leading  object 
in  establishing  this  government,  an  object  forced 
on  the  country  by  the  condition  of  the  times, 
and  the  absolute  necessity  of  the  law,  was  to 
give  to  Congress  power  to  lay  and  collect  im- 
posts without  the  consent  of  particular  States. 
The  revolutionary  debt  remained  unpaid ;  the 
national  treasury  was  bankrupt;  the  country 
was  destitute  of  credit ;  Congress  issued  its 
requisitions  on  the  States,  and  the  States  neg- 
lected them ;  there  was  no  power  of  coercion 
but  war;  Congress  could  not  lay  imposts,  or 
other  taxes,  by  its  own  authority;  the  whole 
general  government,  therefore,  was  little  more 
than  a  name.  The  articles  of  confederation,  as 
to  purposes  of  revenue  and  finance,  were  nearly 
a  dead  letter.  The  country  sought  to  escape 
from  this  condition,  at  once  feeble  and  disgrace- 
ful, by  constituting  a  government  which  should 
have  power  of  itself  to  lay  duties  and  taxes,  and 
to  pay  the  public  debt,  and  provide  for  the  gen- 
eral welfare  ;  and  to  lay  these  duties  and  taxes 
in  all  the  States,  without  asking  the  consent 
of  the  State  goverments.  This  was  the  very 
power  on  which  the  new  constitution  was  to  de- 
pend for  all  its  ability  to  do  good ;  and,  without 
it,  it  can  be  no  government,  now  or  at  any  time. 
Yet,  sir,  it  is  precisely  against  this  power,  so 
absolutely  indisj)cnsablc  to  the  very  being  of 
the  government,  that  South  Carolina  directs  her 
ordinance.  She  attacks  the  government  in  its 
authority  to  raise  revenue,  the  very  mainspring 
of  the  whole  system  ;  and,  if  she  succeed,  every 
movement  of  that  system  must  inevitably  cease. 
It  is  of  no  avail  that  she  declares  that  she  does 
not  resist  the  law  as  a  revenue  law,  but  as  a 
law  for  protecting  manufactures.  It  is  a  reve- 
nue kw ;  it  is  the  very  law  by  force  of  which 
the  revenue  is  collected  ;  if  it  be  arrested  in  any 
State,  the  revenue  ceases  in  that  State ;  it  is,  in 
a  word,  the  cole  reliance  of  the  government  for 
the  means  of  maintaining  itself  and  performing 
its  duties." 

Mr.  Webster  condensed  into  four  brief  and 
pointed  propositions  his  opinion  of  the  nature 
of  our  federal  government,  as  being  a  Union 
in  contradistinction  to  a  Leaguk,  and  as  acting 
upon  INDIVIDUALS  in  contradistinction  to  States, 
and  as  being,  in  these  features  discriminated 
from  the  old  confederation. 

"  1.  That  the  constitution  of  the  United  States 
is  not  a  league,  confederacy,  or  compact,  between 
the  people  of  the  several  States  in  their  sove- 
reign  capacities ;    but  a  governmcut   propcTi 


340 


TIIIRIT  YEARS'  VIKW. 


>,■  .■; 


foiiinlod  on  tlic  ndoption  of  the  pi'oplc,  ninl 
CTiMtiiip  direct  rclutionB  between  itself  and  in- 
dividnnlH. 

*•  2.  That  no  Stale  authority  has  power  to  dis- 
solve thvnc  relations  ;  that  nothing  can  dissolve 
them  l)ut  revolution  ;  and  that,  consequently, 
there  can  be  no  such  thing  as  secession  without 
revolution. 

"  3.  That  there  is  a  supreme  law,  consisting 
of  the  constitution  of  the  United  States,  acts  of 
Congress  j)ussed  in  pursuance  of  it,  and  trea- 
ties ;  antl  that,  in  cases  not  capable  of  assuming 
the  character  of  a  suit  in  law  or  equity,  Con- 
gress nuist  judge  of,  and  finally  interpret,  this 
su|)reme  law,  so  often  as  it  has  occasion  to  piuss 
acts  of  legislation  ;  and,  in  cases  ca])ablc  of  as- 
suming, and  actuall)'  assuming,  the  character  of 
a  suit,  the  Supreme  Court  of  the  Unitc<i  States 
is  the  final  interpreter. 

'•4.  That  an  attempt  by  a  State  to  abrogate, 
annul,  or  nullify  an  act  of  Congress,  or  to  arrest 
its  operation  within  her  limits,  on  the  ground 
that,  in  her  opinion,  such  law  is  unconstitu- 
tional, is  a  direct  usurpation  on  the  just  powers 
of  the  general  goveniment.  and  on  the  equal 
rights  of  other  States ;  a  plain  violation  of  the 
constitution,  and  a  proceeding  essentially  pevo- 
hitionary  in  its  character  and  tendency." 

Mr.  Webster  concluded  his  speech,  an  elabo- 
rate and  able  one,  in  which  he  apjwai'ed  in  the 
high  character  of  patriot  still  more  than  that  of 
orator,  in  which  he  intimated  that  some  other 
cause,  K'sides  the  alleged  one,  must  be  at  the 
bottom  of  this  desire  for  secessi(m.  He  was 
explicit  that  the  world  could  hardly  Iwlievo  in 
Buch  a  reason,  and  that  we  ourselves  who  hoar 
and  see  all  that  is  said  and  done,  could  not  be- 
lieve it.     lie  concluded  thus : 

"  Sir,  the  world  will  scarcely  believe  that  this 
whole  controversy,  and  all  the  desperate  mea- 
sures which  its  support  requires,  have  no  other 
foundation  than  a  diirerence  of  opinion,  uiH>n  a 
provision  of  the  constitution,  between  a  majori- 
ty of  the  people  of  South  Carolina,  on  one  side, 
and  a  vast  majority  of  the  whole  people  of  the 
United  States  on  the  other.  It  will  not  credit 
the  fact,  it  will  not  admit  the  possibility,  that, 
in  an  enlightened  age,  in  a  free,  popular  repub- 
lic, under  a  government  whore  the  jjoople  gov- 
ern, ns  they  must  always  govern,  under  such 
systems,  by  majorities,  at  a  time  of  unpreoe- 
dentcd  happiness,  without  practical  oppression, 
without  evils,  such  as  may  not  only  be  pretend- 
ed, but  felt  and  experienced  ;  evils  not  slight  or 
temporary,  but  deep,  pennancnt,  and  intolera- 
ble ;  a  single  State  shoidd  rush  into  contiict 
with  all  the  rest,  attempt  to  put  down  the 
power  of  the  Union  by  her  own  laws,  and  to 
6up|)ort  those  laws  by  her  military  jiower,  ami 
thus  break  up  and  destroy  the  world's  last 
hop«.    Aud  well  the  world  may  bo  incredulous. 


We,  who  hear  and  see  it,  can  oureelves  hardly 
yet  In-lieve  it.  Even  after  all  that  had  preced- 
ed it,  this  ordinanco  struck  the  country  with 
amazement.  It  was  incredible  and  inconceiva- 
ble, that  South  (Carolina  should  thus  pliuigc 
headlong  into  resistance  to  the  laws,  on  a  mat- 
ter of  opinion,  and  on  a  question  in  which  tlio 
preiwndcrancc  of  opinion,  both  «if  the  present 
day  and  of  all  past  time,  was  so  overwhelming- 
ly against  her.  The  ordinance  declares  that 
Congress  has  oxcoedcd  its  just  power,  by  laying 
duties  on  imports,  intended  for  the  protection 
of  manufactures.  This  is  the  opinion  of  South 
Carolina ;  and  on  the  strength  of  that  opinion 
she  nullifies  the  laws.  Yet  has  the  rest  of  the 
count rj' no  right  to  its  opinions  also  ?  Is  one 
State  to  sit  solo  aibitress  ?  She  maintains  that 
those  laws  are  plain,  deliberate,  and  palpable 
violations  of  the  constitution ;  that  she  has  a 
sovereign  right  to  <lecide  this  matter  j  and,  that, 
having  so  decided,  she  is  authorized  to  resi,st 
their  execution,  by  her  own  sovereign  power; 
and  she  declares  that  .she  will  n<sist  it,  though 
such  resistance  should  shatter  the  Union  into 
atom.s." 

Mr.  Davis,  of  Massachusetts,  had  been  still 
more  explicit,  in  the  oxjjression  of  the  belief 
already  given  (in  the  extract  from  his  spcccli 
contained  in  this  work),  that  the  discontent  in 
South  Carolina  had  a  root  deeper  than  that  of 
the  tariff;  and  General  Jackson  intimated  the 
same  thing  in  his  message  to  the  two  IIoui>es  on 
the  South  Carolina  proceedings,  and  in  which 
he  alluded  to  the  ambitious  and  personal  fvelinpi 
which  might  be  involved  in  them.  Certaiidy  it 
wa.s  absolutely  incomprehensible  tliat  this  doc- 
trine of  nullification  and  secession,  prcfigua>d  in 
the  Roman  secession  to  the  sacred  mount,  antl 
the  .Jewish  disruption  of  the  twelve  tribes,  tihould 
be  thus  enfora-d,  and  impressed,  for  that  cause 
of  the  tariff  alone ;  when,  to  say  nothing  of  the 
intention  of  the  President,  the  Congress  ond  the 
country  to  reduce  it,  Mr.  Calhoun  himself  had 
provided  for  its  reduction,  satisfactorily  to  him- 
self, in  the  act  called  a  '"compromise;"  to  which 
he  was  a  full  contracting  party.  It  was  ini])os- 
.sible  to  believe  in  the  soleness  of  that  reason,  in 
the  presence  of  circumstances  which  annulled  it ; 
and  Mr.  Calhoun  himself,  in  a  part  of  his  spcccli 
which  had  been  quoted,  seemed  to  revoiil  & 
glimpse  of  two  others — slavery,  about  which 
there  was  at  that  time  no  agitation — and  ihu 
presidency,  to  which  patriotic  Southern  nun 
could  not  be  elected.  The  glimpse  exhibited  of 
the  first  of  these  causes,  was  in  this  sentence ; 
"  T/ie  conti'st  (l)etween  the  North  and  the 
South)  will,  infuctfbe  aconleal  between  jjoKtr 


ANNO  1888.    ANDREW  JACKSON,  PRESIDENT. 


341 


ourncWos  hnrdlv 
Ihftt  had  prcced- 
hc  country  with 

I  and  inconceiva- 
uld  thus  pUiiih'c 
0  liiwB,  on  a  niat- 
tion  in  vrliich  the 

h  of  t*>o  pi'c'ic"* 
BO  overwhelming- 
ncc  dcclures  that 
L  itower,  hy  laying 
[br  the  pn^tection 
.  opinion  of  So\ith 
til  of  that  opinion 
hius  the  rest  of  the 
ions  also  1    la  one 
She  maintains  that 
raU',  and  palpable 
n ;   that  she  has  a 
4  matter;  and, that, 
uthorized  to  resist 
„  sovereign  power  -, 
;\W  resist  it,  thoush 
tter  the  Union  u>to 

,ctt8,  had  been  still 
ression  of  the  belief 
ract  from  his  speech 
lat  the  discontent  in 
,  deeper  than  that  of 
ickson  intimated  the 
to  the  two  Ilouyes  on 
cdinpa,  and  in  which 
and  personal  feelings 

II  them.    Certainly  it 
[ensiblc  that  this  <loc- 

■cession,  prctiguivd  in 
[l,e  sacred  mount,  and 
»c  twelve  tribes,  should 
^>res8ed,for  that  cMse 
to  say  nothing  of  the 
the  Congress  and  llic 
Calhoun  himself  had 
I  satisfactorily  to  him- 
'.mpromise;"  to  which 

Iparty.    U  was  imiws- 
Lnessofthat  reason,  m 
[ices  which  annulled  it; 
in  a  part  of  his  speech 
seemed  to  reveal  & 
.slavery,  about  which 
no  agitation— ami  the 
Atriotic  Southern  mn 
L  glimpse  exhibited  ol 
was  in  this  sentence '. 
'  the   North   and   tlie 
conlesl  beliceeii  jjoirir 


and  Uherlij,  and  such  he  considered  the  pre- 
gcnt;  a  content  in  which  t/ie  ueaker  section, 
with  its  peculiar  labor,  productions  and  situ- 
ation, ha.t  at  stake  all  that  is  dear  to  freemen,'''' 
Here  is  a  distinct  declaration  that  there  was 
tlien  a  contest  between   the  two  sections  of  the 
Union,  and  that  that  contest  was  bel ween  power 
and  lilK-Tty,  in  wiiich  the  fivcdoni  and  the  slave 
proi)erty  of  the  South  were  at  stake.     This  de- 
claration at  the  time  attracted  but  little  atten- 
tion,  there   being   then   no  sign   of  a  slavery 
agitation ;    but   to  close  observers   it  was  an 
ominous  revelation  of  something  to  come,  and  ati 
a|)i)arent  laying  an  anchor  <o  windward  for  a 
new  agiUition  on  a  new  subject,  after  the  tarifl" 
was  done  witli.     The  second  intimation  which 
he  gave  out,  and  which  referred  to  the  exclusion 
of  the  patriotic  men  of  the  South  from  the  presi- 
dency was  in  this  sentence :  "  Every  Southern 
man,  true  to  the  intcrest,i  of  his  section,  and 
faithful  to  the  duties  which  Providence  luis 
allotted  hint,  will  be  forever  crcluded  from  the 
honors  and  emoluments  of  this  government, 
vchich  will  be  reserved  for  those  only  who  have 
qualified  themselves,  by  political  prostitution, 
for  admission   into  the  Magdalen  asylum?'' 
This  waa  bitter ;  and  while  revealing  his  own 
feelings  at  the  pros|)ect  of  his  own  failure  for 
the  presidency  (which  from  the  brightness  of 
the  noon-flay    sun  was  dimning  down  to  the 
obscurity  of  dark  night),  was,  at  the  same  time, 
unjust,  and  contradicted  by  all  history,  previous 
and  subsequent,  of  our  national  elections ;  and 
by  his  own  history  in  connection  with  them. 
The  North  had  supported  Southern  men  for 
President — a  long  succession  of  them — and  even 
twice  concurre<l  in  dropping  a  Northern  Presi- 
dent at  the  end  of  a  single  term,  and  taking  a 
Southern  in  his  place     lie  himself  had  had 
signal  proolii  of  g()od  will  from  the  North  iu  his 
two  elections  to  the  vice-presidency ;  in  which 
he  had  been  better  supported  in  the  North  than 
in  the  South,  getting  the  whole  j)arty  vote  in 
the  fonner  while  losing  part  of  it  in  the  latter. 
It  was  evident  then,  that  the  protective  tariit' 
was  not  the  sole,  ur  the  main  cause  of  the  South 
Carolina  discontent ;  that  nulliticution  and  scce:^- 
i;ion  were  to  continue,  though  their  ostensible 
cause  ceased ;  that  resistance  was  to  continue  on 
a  new  ground,  upon  the  same  principle,  until  a 
ucw  and  impossible  point  was  attained.    This 
was  declared  by  Mr.  Calhoun  in  his  place,  on  tho 


day  of  tho  passage  of  the  "  compromistt '' 


bill 


and  on  hearing  that  the  "  force  bill "  had  finally 
passed  the  House  of  IleprcsentutiveK.  He  then 
stood  up,  and  B{K)ke  thus : 

"  He  had  said,  that  as  far  as  this  subject  was 
concerned,  he  bc^Iieved  that  jience  and  harmony 
would  follow,  liul  there  is  another  connected 
with  it,  which  had  jassed  this  Hcnise,  and  whi(;h 
had  just  Itcen  reported  as  having  passed  the  other, 
which  would  prevent  the  return  of  quiet.  He 
considered  the  measure  to  which  he  referred  as 
a  virtual  i%ix!al  of  the  constitution  ;  and,  in  fact, 
worse  than  a  positive  and  dire<;t  repeal ;  as  it 
woidd  leave  the  majority  without  any  shackles 
on  its  power,  while  the  minority,  hoping  to  shel- 
ter itstdf  under  its  protection,  an<l  having  still 
some  res|)ect  left  for  'he  instrument,  would  be 
trammelled  without  being  protected  by  its  pro- 
visions. It  would  he  idle  to  attempt  to  disguiso 
that  tho  bill  will  be  a  practical  assertion  of  one 
theory  of  the  fi 'institution  against  another — tho 
theory  advocated  by  thu  supporters  of  the  bill, 
that  ours  is  a  consoliiialed  government,  in  which 
the  States  have  no  rights,  and  in  which,  in  fact, 
they  l»ear  tho  same  rel.ition  to  the  whole  com- 
munity ns  the  counties  do  to  the  States  ;  and 
against  that  view  of  the  constitution  which  con- 
siders it  as  a  compact  formed  by  the  States  as 
separate  comnnmities,  and  binding  between  the 
States,  and  not  between  the  individual  citiz  •'«. 
No  man  of  candor,  who  admitted  that  our  con- 
.Ktitution  is  a  compact,  and  was  formed  and  is 
binding  in  the  manner  he  had  just  stated,  but 
must  acknowledge  that  this  bill  utterly  over- 
throws and  prostrates  the  constitution ;  and 
that  it  leaves  the  government  under  the  control 
of  the  will  of  an  absolute  majority. 

"  If  the  measure  Ije  acquiesced  in,  it  will  be 
the  termination  of  that  long  controversy  which 
began  in  the  convention,  and  which  has  been 
continued  under  various  fortunes  until  the  pre- 
sent day.  But  it  <night  not — it  will  not — it 
cannot  be  acquiesced  in — unless  the  South  is 
dead  to  the  .sense  of  her  liberty,  and  blind  to 
those  dangers  which  surround  and  menace  them  ; 
she  never  will  cease  resistance  until  the  act  is 
era.sed  from  the  statute  book.  To  suppose  that 
the  entire  power  of  the  Union  may  be  placed  in 
the  hands  of  this  government,  and  that  all  tho 
various  interests  in  this  widely  extended  country 
may  be  safely  placed  under  the  will  of  an  un- 
checked majority,  is  the  extreme  of  folly  and 
madness.  The  result  would  be  inevitable,  that 
power  would  be  exclusively  centered  in  the 
dominant  interest  north  of  this  river,  and  that 
all  the  south  of  it  would  be  held  as  subjected 
provinces,  to  bo  controlled  for  the  exclusive 
bcnctit  of  the  stronger  section.  Such  a  state  of 
things  could  not  endure  ;  and  the  constitution 
and  liberty  of  the  country  would  fall  m  the  con- 
test, if  permitted  to  continue. 

"  He  trusted  that  that  would  not  be  the  case, 
but  that  (be  advocates  of  liberty  every  where, 


342 


THIRTY  YEARS'  VIEW. 


3  i*iP''%."' 


as  well  in  tho  Nortli  us  in  the  Suuth ;  that  those 
who  maintained  the  doctrines  of  '98,  and  the 
Bovereignties  of  the  States  ;  that  the  republican 
party  throiif^hout  the  country  would  rally  against 
this  attempt  lo  establish,  by  law,  doctrines  which 
must  subvert  the  principles  on  wliich  free  insti- 
tutions could  be  maintained." 

Here  vras.  a  new  departure,  upon  a  new  point, 
as  violent  an  the  former  complaint,  looking  to 
the  same  remedy,  and  unfounded  and  impossible. 
This  force  bill,  which  was  a  repeal  of  the  con- 
stitution, in  the  eyes  of  Mr.  Calhoun,  was  a 
mere  revival  of  formerly  existing  statutes,  and 
could  have  no  operation,  if  resistance  to  the  tariff 
laws  ceased.  Yet,  nullification  and  secession 
were  to  proceed  until  it  was  erased  from  thi! 
statute  book ;  and  all  the  morbid  views  of  the 
constitution,  and  of  the  Virginia  resolutions  of 
^98  and  '99,  were  to  hold  their  places  in  Mr.  r!al- 
houn's  imagination,  and  dominate  his  conduct  in 
all  his  political  action,  until  this  statute  was 
erased.  But  it  is  due  to  many  of  his  friends 
and  followers,  to  say  that,  while  concurring  in 
his  complaints  against  tho  federal  government, 
and  in  his  remedies,  they  dissented  from  his 
source  of  derivation  of  these  remedies.  He 
fou'^J  them  in  the  constitution,  shown  to  be 
there  by  the  '98-'99  Virginia  resolutions ;  the 
manly  sense  of  McDuffio,  and  some  others,  re- 
jected that  sophistry,  and  found  their  justifica- 
tion wholly  in  the  revolutionary  right  of  self- 
defence  from  intolerable  oppression. 


CHAPTER    LXXXV. 

SECRET  niSTOEYOF  THE  "  COMPBOMISE  "  OF  1888. 

Mb.  Calhoun  and  Mr.  Clay  were  early,  and 
long,  rival  aspirants  for  the  Presidency,  and  an- 
tagonistic leaders  in  opposite  political  systems ; 
and  the  coalition  between  them  in  1833  was 
only  a  hollow  truce  (embittered  by  the  humilia- 
tions to  which  Mr.  Calhoun  was  subjected  in  the 
protective  features  of  the  "  compromise  ")  and 
onlj'  kept  alive  for  a  few  years  by  their  mutual 
interest  with  respect  to  General  Jackson  and  Mr. 
Van  Burcn.  A  rupture  was  foreseen  by  every 
observer ;  and  In  a  few  years  it  took  place,  and 
in  open  Senate,  and  in  a  way  to  give  the  key  to 
the  secret  motives  which  led  to  that  compromise. 


It  became  a  question  between  them  which  had 
tho  upper  hand  of  the  other — in  their  own  lan- 
guage— which  was  master  of  the  other — on  that 
occasion.  Mr.  Calhoun  declared  that  he  had 
Mr.  Clay  down — had  him  on  his  back — was  his 
master.  Mr.  Clay  retorted :  He  my  master !  \ 
would  not  own  him  for  the  meanest  of  my  sluves. 
Of  course,  there  were  calls  to  order  about  that 
time;  but  the  question  of  mastery,  and  the 
causes  which  produced  tho  pa.ssago  of  thv<;  act, 
were  still  points  of  contestation  between  them, 
and  came  up  for  altercation  in  other  forms.  Mr. 
Calhoun  claimed  a  controling  influence  for  tho 
miUtary  attitude  of  South  Carolina,  and  its  in- 
timidating cfibct  upon  the  federal  government. 
Mr.  Clay  ridiculed  this  idea  of  iiitimidation,  and 
said  the  little  boys  that  muster  in  the  streets  with 
their  tiny  wooden  swords,  had  as  well  pretend 
to  terrify  the  grand  army  of  Bonaparte :  ami 
afterwards  said  he  would  tell  how  it  hapiieiieil, 
wliich  was  thus :  His  friend  from  Delaware  (Mr. 
John  M.  Clayton),  said  to  him  one  day — these 
South  Carolinians  act  very  badly,  but  they  ai^ 
good  fellows,  and  it  is  a  pity  to  let  Jackson  hang 
them.  This  was  after  Mr.  Clay  had  brought  in 
his  bill,  and  while  it  lingered  without  the  lca.st 
apparent  chance  of  passing — paralyzed  by  the 
vehement  opposition  of  the  maimfacturers  :  and 
he  urged  Mr.  Clay  to  take  a  new  move  with  liis 
bill — to  get  it  referred  to  a  committee — and  by 
them  got  into  a  shape  in  which  it  could  pass. 
Mr.  CUiy  did  so — had  the  reference  made — and 
a  committee  appointed  suitable  for  the  measure 
— some  of  strong  will,  and  earnest  for  the  bill, 
and  some  of  gentle  temperament,  inclined  to  easy 
measures  on  hard  occasions.  They  were: 
Messrs.  Clay,  Calhoun,  Clayton,  Dallas,  Grundy, 
Rives. 

This  was  the  movement,  and  tho  inducing 
cause  on  one  side :  now  for  the  cause  on  the 
other.  Mr.  Letcher,  a  representative  from  Ken- 
tucky, was  tho  first  to  conceive  an  idea  of  some 
compromise  to  release  South  Carolina  from  her 
position;  and  communicated  it  to  Mr.  Clay; 
who  received  it  at  first  coolly  and  doubtfully. 
Afterwards,  beginning  to  entertain  the  idea.  l.e 
mentioned  it  to  Mr.  Webster,  who  repulsed  it 
entirely,  saying — "It  would  be  yielding  great 
principles  to  faction;  and  that  the  time  had 
come  to  test  the  strength  of  the  constitution 
and  the  govei-nment."  After  that  he  was  no 
more  consulted.    Mr.  Clay  drew  up  his  bill,  and 


ANNO  1^88.     ANDREW  JACKSON,  PRESTDENT. 


343 


thorn  which  had 
n  their  own  lan- 
le  other— on  that 
red  that  ho  had 
kis  back— was  his 
tlo  ray  master  I  \ 
incst  of  my  slaves. 
»  order  about  that 
mastery,  and  the 
passage  of  th«  act, 
ion  between  them, 
otlier  forms.    Mr. 
ig  influence  for  the 
irolina,  and  its  in- 
ideral  government. 
)f  intimidation,  and 
ir  in  the  streets  with 
ad  as  well  pretend 
of  Bonaparte :  and 
ell  how  it  hapiieueil, 
from  Delaware  (Mr. 
him  one  day — these 
badly,  but  they  are 
,rtolet  Jackson  hang 
Clay  had  brought  in 
xi  without  the  least 
,g— paralyzed  by  the 
1  manufacturers :  and 
a  new  move  with  liis 
committee— and  by 
which  it  could  pass. 
reference  made— and 
table  for  the  measure 
.  earnest  for  the  bill, 
iment,  inclined  to  easy 

sions.      Tliey    were: 
yton,  Dallas,  Grundy, 

jt,  and  the  inducing 
for  the  cause  on  tlia 
resentative  from  Kcn- 
iceivoanideaofsomc 

ith  Carolina  from  her 

ated  it  to  Mr.  Clay, 

;oolly  and  doubtfully. 

entertain  the  idea,  l.e 

)ster,  who  repulsed  it 

jild  be  yielding  great 

[d  that  the  time  had 

|h  of  the  constitution 

After  that  he  was  no 

Ly  drew  up  his  bill,  and 


sent  it  to  Mr.  Calhoun  through  Mr.  Letcher — 
he  and  Mr.  Calhoun  not  being  on  speaking  terms. 
lie  objected  decidedly  to  parts  of  the  bill  j  and 
said,  if  Mr.  Clay  knew  his  reasons,  he  certainly 
would  yield  the  objectionable  parts.     Mr.  Letch- 
er undertook  to  arrange  an  interview; — which 
was  effected — to  take  place  in  Mr.  Clay's  room. 
The  meeting  wac  cold,  distant  and  civil.    M' . 
Clay  rose,  bowed  to  his  visitor,  and  asked  him 
to  take  a  scat.    Mr.  Letcher,  to  relievo  the  on.- 
barrassment,  immediately  opened  the  business  of 
the  interview:   which  ended  without  results. 
Mr.  Clay  remained  inflexible,  saying  that  if  he 
gave  up  the  parts  of  the  bill  objected  to,  it  could 
not  be  passed ;  and  that  it  would  Ix!  better  to 
give  it  up  at  once.     In  the  mean  time  Mr.  Let- 
cher had  seen  the  President,  and  sounded  him 
on  the  subject  of  a  compromise:  the  President 
answered,  he  would  have   no  negotiation,  and 
would  execute  the  laws.    Thit)  was  told  by  Mr. 
Letcher  to  Mr.  McDuiSe,  to  go  to  Mr.  Calhoun. 
Soon  after,  Mr.  Letcher  found  himself  required 
to  make  a  direct  communication  to  Mr.  Calhwun. 
Mr.  Josiah  S.  Johnson,  senator  from  Louisiana, 
came  to  his  room  in  the  night,  after  he  had  gone  to 
bed — and  informed  him  of  *vhat  be  had  jusc  learnt : 
—which  was,  thai  General  Jackson  would  ad- 
mit of  no  further  delay,  and  was  determined  to 
take  at  once  a  decided  course  with  Mr.  Calhoun 
(&n  arrest  and  trial  for  high    treason  being 
understood).     Mr.  Johnson  deemed  it  of  the 
utmost  moment  that  Mr.  Calhoun  should  be 
instantly  warned  of  his  danger;  and  urged  Mr. 
Letcher  to  go  and  apprise  him.   He  went — found 
Mr.  Calhoun  in  bed — was  admitted  to  him — in- 
formed him.     "lie   was  evidently  disturl)ed." 
Mr.  Letcher  and  Mr.  Clay  were  in  constant  com- 
munication with  Mr.  Clayton. 

After  the  committee  had  l)ecn  appointee^  Mr. 
Clayton  assembled  the  manufacturers,  for  w  Uh- 
out  their  consent  nothing  could  be  done;  and 
in  the  meeting  with  them  it  was  resolved  to 
pass  the  bill,  provided  the  Southern  senators, 
including  the  n»  lliflers.  should  vote  both  for  the 
amendments  which  should  be  proposed,  and  for 
the  passage  of  the  bill  it-sclf— the  amendments  be- 
ing the  same  afterwards  offered  in  the  Senate 
1)T  Mr.  Clay,  and  especially  the  home  valuation 
feature.  When  these  amendments,  thus  agreed 
upon  by  the  friends  of  the  tariff,  were  proposed  in 
tlie  committee,  they  were  voted  tlown ;  and  not 
being  able  to  agree  upon  any  thing,  the  bill  was 


carried  back  to  the  senate  without  alteration. 
But  Mr.  Clayton  did  not  give  up.    Moved  by  a 
feeling  of  concern  for  those  who  were  in  peril, 
and  for  the  state  of  the  country,  and  for  the 
safety  of  the  protective  system  of  which  he  was 
the  decided  advoca*je,  he  determined  to  have  the 
same  amendments,  so  agreed  upon  by  the  friends 
of  the  tariff  and  rejected  by  the  committee, 
offered  in  the  Senate  ;  and,  to  help  Mr.  Clay  with 
lliO  manufacturers,  he  put  them  into  his  handa 
to  be  so  offered — notifying  Mr.  Calhoun  and 
Mr.  Clay  that  unless  the  amendments   were 
adopted,  and  that  by  the  Southern  vote,  every 
nuUificr  inclusively,  that  the  bill   should  not 
pass — that  he  himself  would  move  to  lay  it  on 
the  tabic.     His  reasons  for  making  tlie  nul- 
lification vote  a  ai)ie  qua  non  both  on  the 
amendments  and  on  the  bill,  and  for  them  all, 
separately  and  collectively,  was  to  cut  them  off 
from  pleading  their  unconstitutionality  after  they 
were  passed ;  and  to  make  the  authors  of  dis- 
turbance and  armed  resistance,  after  resistance, 
parties  upon  the  record  to  the  measures,  and 
every  part  of  the  measures,  which  were  to  pacify 
them.    Unless  these  leaders  were  thus  bound, 
he  looked  upon  any  pacification  as  a  hollow  truoo, 
to  be  succeeded  by  some  new  disturbance  in  a 
short  time;  and  therefore  he  was  peremptory 
with  both  Ma  Clay  and  Mr.  Calhoun,  denounc- 
ing the  sacrifice  of  the  bill  if  his  terms  were  not 
complied  with ;  and  letting  them  know  that  he 
had  friends  enough  bound  to  his  support.   They 
wished  to  know  the  names  of  the  senators  who 
were  to  stand  by  him  in  this  extreme  course^ 
which  he  refused  to  give ;  no  doubt  restrained 
by  an  injunction  of  secrecy,  there  being  many 
men  of  gentle  temperaments  who  are  unwilling 
tc  commit  themselves  to  a  measure  until  they 
see  its  issue,  that  the  eclat  of  success  may  con- 
secrate what  the  gloom  of  defeat  would  damn. 
Being  inexorable  in  his  claims,  Mr.  Clay  and 
Mr.  Calhoun  agreed  to  the  amendments,  and  all 
voted  for  them,  one  by  one,  as  Mr.  Clay  offered 
them,  until  it  came  to  the  last — that  revolting 
measure  of  the  home  valuation.    As  soon  as  it 
was  proposed,  Mr.  Calhoun  and  his  friends  met 
it  with  violent  opposition,  declaring  it  to  be 
unconstitutional,  and  an  insurmountable  obstacle 
to  their  votes  for  tht'  bill  if  i)ut  into  it.    It  was 
then  late  in  the  day,  .'xnd  the  last  day  but  one 
of  the  session,  and  Mr.  Clayton  found  himself 
in  the  predicament  which  required  the  execu-> 


844 


TniRTY  YEARS'  VIEW. 


tion  of  his  threat.  He  oxTcutcd  it,  and  in'ivt'<l 
to  lay  it  on  the  Uible.  witli  the  (locljirtitinn  that 
it  was  to  lie  tlu-rc.  Mr.  Clay  went  to  him  and 
bcxouglit  liitn  to  v.itlidraw  the  motion  ;  but  in 
yain.  lie  remainel  indexible;  and  the  bill  then 
Hppeared  to  be  dead.  In  'his  (!XtivHiity,  tlie 
Calhoun  winp  retind  to  the  rolonnadc  behind 
the  Vice-President's  ohair,  and  licld  a  brief  cnn- 
eultition  anionj^  theuK^elves:  an<l  presently  Mr. 
Bibb,  of  KentiK'ky,  eame  out,  and  went  to  Mr. 
Clayton  and  asked  him  to  withdraw  his  motion 
to  give  him  time  to  eonsider  the  amendnu'iit. 
Seeing  this  sign  of  yieU.'iiig,  Mr.  Cla'  «on  witli- 
dre'.v  'i     motion — to  be  renewed  if  mie-.: 

nient  wa.i  not  voted  tor.  A  fri-jiidol  lU:  }•...(  (:ies 
immediately  moved  an  adjiiirnment  wlu-h  v.i.' 
carried ;  and  that  night's  rilleetions  Icniriit 
them  to  the  conclusion  that  the  amendment 
must  be  passed  ;  but  still  with  the  belief,  that, 
there  l>eiug  enough  to  pass  it  without  him,  Mr. 
Calhoun  ehould  be  spaivd  the  humiliation  of 
appcarhig  on  the  record  in  its  favor.  This  was 
told  to  Mr.  Clayton,  wlio  declared  it  to  be  im- 
jjossible — that  Mr.  Calhoun's  vote  was  indis- 
iwnsable,  as  nothing  would  be  considered  secured 
by  the  passage  of  the  bill  unless  his  vote  appeared 
for  every  amendment  separately,  and  for  the 
whole  bill  collectively.  When  the  Senate  met, 
and  the  bill  was  taken  up,  it  was  still  unknown 
what  ho  would  .'lo  ;  but  his  friends  fell  in,  one 
after  the  other,  'ielding  their  objections  upon 
diflerent  grounds,  ind  giving  their  assent  to  this 
most  flagrant  ir stance  (and  that  a  new  one),  of 
that  protective  legislation,  against  which  they 
were  then  raising  ♦  roops  in  South  Carolina !  and 
limiting  a  day,  and  that  a  short  one,  on  which 
bIio  was  to  be,  ip.to  facto,  a  seeeder  from  the 
Union.  Mr.  Calhoun  remained  to  the  last,  and 
only  rose  when  the  vote  was  ready  to  1k'  taken. 
and  prefaced  a  few  remarks  with  the  very  notable 
declaration  that  he  hivd  then  to  "deteniiine" 
which  way  he  would  vote.  He  then  declared 
in  favor  of  the  amendment,  but  upon  conditions 
which  he  desired  the  reporters  to  note ;  and 
which  being  futile  in  themselves,  only  showed 
ihe  desperation  of  his  conditicm,  and  the  stjite 
of  Jrapossibility  to  which  he  was  reduced.  Sev- 
eral :^enator8  let  him  know  immediately  the 
futility  cf  his  conditions ;  and  without  saying 
more,  he  vc^ed  on  ayes  and  noes  for  the  amend- 
ment ;  and  afterwards  for  the  whole  bill.  And 
ithia  ooncludinj,'  scene  appears  quite  correctly 


reported  in  the  authentic  d'hatcs.  And  thu<) 
the  (|uestion  of  mastery  iu  this  famous  "com- 
piomisc,"  mooted  in  the  Senate  by  Mr.  Clay  and 
.Mr,  Calhoun  as  a  problem  U'tween  themselves, 
is  shown  by  the  inside  view  of  this  bit  of  history 
to  iHflong  to  neither  of  them,  but  to  Mr.  John 
M.  Cliiyton,  under  the  instrumentality  of  Oen. 
•Jackson,  who,  in  the  presidential  election,  had 
uidiorscd  ^Ir.  Clay  and  all  his  systems  ;  and  iu 
Ms  uetermination  to  execute  the  laws  upon  Mr 
Calhoun,  had  left  him  without  remedy,  except 
in  the  resource  of  this  "compromise."  Upon 
the  "iitsidc  history  of  this  mca.sure  whi?h  I  havt 
•oni;  iled,  likeaf 'ironicler  from  the  docuu)entary 
m.  (eiials,  Mr.  Calhoun  and  Air.  Clay  appear  a.s 
aster  spirits,  appeasing  the  storm  which  thoy 
l.id  '-aiseil ;  on  the  in.side  view  they  appear  us 
siiS  "u  agents  dominated  by  the  necessities 
of  their  (vrndition,  and  providing  for  themselves 
instead  of  their  country — Mr.  Clay,  in  .-^^iving 
the  protective  policy,  and  preserving  the  support 
of  the  manufacturers;  and  Mr.  Calhoun,  in  sav- 
ing himself  from  the  perils  of  his  condition  :  and 
both,  in  leaving  themselves  at  liberty  to  act  to- 
getl'.cr  in  future  against  General  Jackson  and 
Mr.  Van  Buren. 


CHAPTER    LXXXTI. 

Co.\Il'UOMISE  LKCISLATION;  AND  THE  ACT,  BO 
CALLKl),  OK  1833. 

This  is  a  species  of  legislation  which  wears  a 
misiiomei — which  has  no  foundation  in  the  con- 
stitution— and  which  generally'  begets  more  mis- 
chief than  it  assumes  to  prevent ;  and  which, 
nevertheless,  is  very  jmpular — the  name,  though 
fictitious,  being  generally  accepted  for  the  reali- 
ty. Tlk're  are  compromises  in  the  constitution, 
(i)iuided  uj)on  what  gives  them  validity',  namely, 
uuitual  consent ;  and  they  arc  sacred.  All  com- 
promises arc  agreements,  made  voluntarily  by 
indt  pendent  parties— not  Jmpo.«ed  by  one  upon 
another.  They  may  be  made  by  compact — not 
by  votes.  Tlie  majority  cannot  subject  the  mi- 
nority to  its  will,  except  in  the  present  decision 
— cannot  bind  future  Congres.ses — cannot  claiin 
any  sanctity  for  their  acts  beyond  that  which 
grows  out  of  the  circumstances  in  wh'ch  they 
originate,  and  which  address  themselves  to  the 


ANNO  1833.    ANDREW  JACKSON,  PRESIDENT. 


345 


lmt<'»».     And  thus 
irt   famous  "coiii- 
L'by  Mr.  Cluyund 
wi-en  tbemselves, 
this  bit  of  historj', 
but  to  Mr.  John 
mentality  of  Gen. 
■ntial  election,  had 
i  systems  ;  and  iu 
the  laws  ujwn  Mr 
Hit  remedy,  except 
mpromise."    Upon 
;a.surc  \vhi?'i  I  havt 
in  the  documentary 
Mr.  Clay  appear  as 
storm  which  they 
iew  they  ajjpear  U8 
i  by  the  necessities 
ding  for  themselves 
Jr.  Clay,  in  ?Aving 
cservinp  the  support 
Mr.  Calhoun,  in  sav- 
f  his  condition  :  and 
at  liberty  to  act  to- 
cneral  Jackson  and 


XXXTI. 

AND  fllK  ACT,  80 

1833. 

fttion  which  wears  a 

jundation  in  the  con- 
lly  begets  more  mis- 

pirvent;  and  which, 
r— the  name,  though 

iccepted  for  the  rcali- 
in  the  constitution, 

hem  validity,  namely, 
are  sacri'd.     All  coin- 
made  voluntarily  by 
imposed  by  one  upon 
adc  by  compact— not 
aniiot  subject  the  nii- 
tho  present  decision 
grcsses — cannot  claim 
beyond  that  which 
tances  in  wh'eh  they 
■ess  themselves  to  the 


!S 


moral  sens*  of  their  successors,  and  to  reasons 
of  jusiice  or  policy  which  hhoidfl  o.xempt  an  act 
from  the  inherent  fate  of  all  ligislation.  The 
net  of  1^20,  called  the  Missouri  ('omi)roinisc,  is  ' 
one  of  the  most  respictable  and  intelligilih!  of  | 
tlii.-i  species  T  le("  lation.  it  corr.posed  t;  na- 
tional com  (.rsy,  and  uimn  .v  coii.sid<>rali  )n. 
It  divided  /real  province,  and  I'mut  «M|iial- 
ly,  be'.wen  luveholding  and  non-slaveholding 
States.  It  Imitted  a  Stale  into  the  I'nion ; 
and  that  Si  "■  accep  vd  that  admission  uiwn  the 
condition  *  lidelity  to  that  compromise.  And 
'teiiit,  foundeil  in  the  inatcrial  'ik"  .on  of  a  line 
drawn  upon  the  earth  under  an  astronomical 
law,  subject  to  no  change  and  open  to  all  nbser- 
ration.  visible  and  tangible,  it  became  an  object 
susceptible  of  certainty,  both  in  its  breach  and 
in  its  observance.  That  act  is  entitled  to  re- 
spect, espcciallj  from  the  party  which  impose<l 
it  upon  the  other  ;  and  lias  been  respected  ;  for 
it  has  remained  inviolate  for  thirty  years — 
neither  side  attempting  to  break  or  abolish  it — 
each  having  the  advantage  of  it — and  receiving 
all  the  while,  like  the  first  magna  charta,  many 
contirmations  from  successive  Congresses,  and 
from  Stat-"  legislatures. 

The  act  of  1833,  called  a  "  compromise,"  was 
a  breach  of  all  the  rules,  and  all  the  principles 
of  legislation — concocted  out  of  doors,  managed 
by  politicians  dominated  by  an  outside  '-.^erest 
—kept  a  secret — passed  by  a  majority  pledged 
to  its  support,  and  pledged  against  any  amend- 
ment except  fiom  its  managers ; — and  issuing 
from  the  conjunction  of  rival  pcjlitieians  who 
hud  lately,  and  long,  been  in  the  most  violent 
state  of  legislative  as  well  as  political  aiitago- 
iiisni.  It  comprised  every  title  necessary  to 
«tiimp  a  vicious  and  reprehensible  act — bad  in 
tlie  matter — foul  in  the  manner — full  of  abuse — 
<nd  carried  through  upon  the  terrors  of  some, 
tlic  interests  of  others,  the  political  calculations 
of  many,  and  the  dupery  of  more  ;  and  all  upon 
a  pica  which  was  an  outrage  uj)on  representa- 
tive government — ujwn  the  actual  government 
—and  ujion  the  people  of  the  States.  That  plea 
\r.is,  that  the  elections  (presidential  and  con- 
pri'ssional),  had  decided  the  fate  of  the  protec- 
tive system — had  condemned  it — had  sentenced 
it  to  death — and  charged  a  new  Congress  with 
the  execution  of  the  sentence ;  and,  therefoiv, 
tiiat  it  should  be  taken  out  of  the  hands  of  that 
new  Congress,  withdrawn  from  "t  before  it  met 


— and  laid  away  for  nine  ynrs  and  a  half  under 
the  sanction  of  a,  so  railed,  compromise — intan- 
I'ibje  to  the  people — .safe  in  its  existence  during 
all  that  time  ;  and  trusting  to  the  chapter  of  ac- 
cidents, and    the   skill  of  management,-  for  its 
complete  restoration  "t  the  end  of  the  term. 
This  wa^  an  outrage     pon  popular  representa- 
tion— an  estoppel  upon  the  jiopular  will — fho 
arrest  of    judgment  which  the  people  had  given 
— the  iisurpation  of  the  rights  of  ensuing  Con- 
gr  sses.    It  was  the  conception  of  .some  rival 
iraliticians  who  had  lately  distracted  the  coun- 
try by  their  contention,  and  now  undertook  to 
eomjiose  it  by  their  conjunction  ;   and  having 
failed  in  the  game  of  agitation,  threw  it  up  for 
the  game  of  pacification  ;  and,  in  this  new  char- 
acter, undertook  to  settle  and  regulate  the  af- 
fairs of  tlieir  country  for  a  term  only  half  o  year 
less  than  the  duration  of  the  siege  of  Tro      n.. ' 
long  enough  to  cover  two  presidentir.l  eU   lioc-- 
This  was  a  bold  pretension.     Rome  ha     .xisti'i 
above  five  hundi  A  years,  and  citizen.^  h,i-    be- 
come masters  of  armies,  and  the  peo^  .  Ii-'iro'ed 
to  the  cry  of  ;)a«em  et  circe/wes- breu     an  J 
the  circus — before  two  or  three  rivi      could  go 
together  in  a  corner,  and  arrange  li      .!  ars  of 
the  republic  for  five  years :  now  this  was  done 
among  us  for  double  that  time,  and  in  the  forty- 
fourth  year  of  our  age,  and  by  citizens  neither 
of  whom  had  headed,  though  one  had  raised,  an 
army.     And  now  how  could  this  be  effected, 
and  in  a  country  so  vast  and  intelligent  ?     I 
answer :  The  inside  view  »fhich  I  have  given  of 
the  transaction  explains 't.    It  was  an  operation 
upon  the  best,  as  well  as  ui)on  the  worst  feelings 
of  our  nature — ujwn   the   jmtriotic  alarms  of 
many,  the  political  calculation-s  of  others,  the 
interested  schemes  of  more,  and  the  proclivity 
of  multitudes  to  be  deceived.     Some  political 
rivals  linding  tariff  no  longer  available  for  po- 
litical elevation,  either  in  its  attack  or  defence  ; 
and.  from  a  ladder  to  climb  on,  become  a  stum- 
bling-block to  fall  over,  and  a  pit  to  fall  into, 
agiTC  to  lay  it  aside  for  the  term  of  two  presi- 
dential elections ;  upon  the  pretext  of  quieting 
the  country  whi  '..  they  hid  been  ''.isiurbing ; 
but  in  reality  to  get  the  crippled  liobby  out  of 
the  way,  and  act  in  con  evt  against  an  oM  foe 
in  power,  and  a  new  adversary,  late!}'  supposed 
to  have  been  killed  off,  but  now  appearing  high 
in  the  political  firmament,  and  verging  to  its  ze- 
nith.   That  new  adversary  was  Mr.  Van  Buren, 


346 


THIRTY  YEARS'  VIEW. 


i,!a!iar,'"'i.i  .,i 


juBt  elected  Vice-President,  and  in  the  lino  of 
old  precedents  for  the  presidency ;  and  the  main 
object  to  bo  able  to  work  against  him,  and  for 
themselves,  with  preservation  to  tho  tariff,  and 
extrication  of  Mr.  Calhotm.  The  masses  were 
alarmed  at  the  cry  of  civil  war,  concerted  and 
spread  for  tho  purpose  of  alarm  ;  and  therefore 
ready  to  hail  any  scheme  of  deliverance  from 
that  calamity.  The  manufacturers  saw  their 
advantage  in  saving  their  high  protecting  duties 
from  immediate  reduction.  Tho  friends  of  Mr. 
Clay  believed  that  the  title  of  pacificator,  which 
ho  was  to  cam,  would  win  for  him  a  return  of 
tho  glory  of  tlio  Missouri  compromise.  Mr. 
Calhoun's  friends  saw,  for  hir  ,  in  any  arrange- 
ment, a  release  from  his  untenable  and  perilous 
position.  Members  of  gentle  temperaments  in 
both  Houses,  saw  relief  in  middle  courses,  and 
felt  safety  in  the  very  word  "  compromise,"  no 
matter  how  fictitious  and  fallacious.  The  friends 
of  Mr.  Van  Buren  saw  his  advantage  at  getting 
the  tariff  out  of  his  way  also  ;  and  General 
Jackson  felt  a  positive  relief  in  being  spared 
the  dire  necessity  of  enforcing  tho  laws  l)y  tho 
sword  and  by  criminal  prosecutions.  All  these 
parties  united  to  pass  the  act ;  and  after  it  was 
passed,  to  praise  it ;  and  so  it  passed  easily,  and 
was  ushered  into  life  in  the  midst  of  thundering 
applause.  Only  a  few  of  the  well-known  sena- 
tors voted  against  it — Mr.  Webster,  Mr.  Dick- 
erson,  General  Samuel  Smith,  Mr.  Benton. 

My  objections  to  this  bill,  and  its  mode  of 
being  passed,  were  deep  and  abiding,  and  s  <  nt 
far  beyond  its  own  obnoxious  provisions,  t  nd  i^ll 
tho  transient  and  temporary  considerations  con- 
nected with  it.  As  a  friend  to  popular  repre- 
sentative government,  I  could  not  see,  without 
insurmountable  repugnance,  two  citizens  set 
themselves  up  for  a  poxcer  in  the  State,  and 
undertake  to  regulate,  by  their  private  agree- 
ment (to  be  invested  with  the  forms  of  law), 
the  public  affairs  for  years  to  come.  I  admit  no 
man  to  stand  for  a  power  in  our  country,  and  to 
assume  to  be  able  to  save  the  Union.  Its  safety 
does  not  depend  upon  the  bargains  of  any  two 
men.  Its  safety  is  in  its  own  constitution — in 
its  laws — and  in  the  affections  of  the  people ; 
and  all  that  is  wanted  in  public  men  is  to  ad- 
minister the  constitution  in  its  integrity,  and  to 
enforce  the  laws  without  fear  or  affection.  A 
compromise  made  with  a  State  in  arms,  is  a 
capitulation  to  that  State ;  and  in  this  light,  Mr. 


Calhoun  constantly  presented  the  act  of  1833' 
and  if  it  had  emanated  from  the  government,  hu 
would  have  been  right  in  his  fact,  and  in  IiIh 
inductions ;  and  all  discontented  States  would 
have  been  justified,  so  far  as  successful  precedent 
was  concerned,  in  all  future  interpositions  of  its 
Jiat  to  arrest  the  action  of  the  federal  govern- 
ment. But  it  did  not  emanate  from  the  govern- 
ment. It  (the  government)  was  proceeding 
wisely,  justly,  constitutionally  in  settling  with 
South  Carolina,  by  removing  the  cause  of  her 
real  grievance,  and  by  enforcing  tho  laws  against 
their  violators.  It  (the  constituted  government) 
was  proceeding  regularly  in  this  way,  witii  a 
prospect  of  a  successful  issue  at  the  actual  ses- 
sion, and  a  certainty  of  it  at  the  next  one,  when 
the  whole  subject  was  taken  out  of  its  hands  by 
an  arrangement  between  a  few  membeis.  Tha 
injury  was  great  then,  and  of  permanent  evil 
example.  It  remitted  the  government  to  the 
condition  of  the  old  confederation,  acting  upon 
sovereignties  instead  of  individuals.  It  violated 
the  feature  of  our  Union  which  discriminated  it 
from  all  confederacies  which  ever  existed,  and 
which  was  wisely  and  patriotically  put  into  the 
constitution  to  save  it  from  the  fate  which  had 
attended  all  confederacies,  ancient  and  modern. 
All  these  previous  confederacies  in  their  general 
or  collective  capacity,  acted  upon  communities, 
and  met  organized  resistance  as  often  as  they 
decreed  any  thing  disagreeable  to  one  of  its  strong 
members.  This  opposition  could  only  be  sub- 
dued by  force  ;  and  the  application  of  force  has 
always  brought  on  civil  war ;  which  has  ended 
in  the  destruction  of  the  confederacy.  Tlie 
framers  of  our  constitutional  Union  knew  ail 
thl  and  had  seen  tho  danger  of  it  in  history, 
and  lei t  the  danger  of  it  in  our  confederation; 
and  therefore  established  a  U.mon  instead  of  a 
Leaouk — to  be  sovereign  and  independent  within 
its  sphere,  acting  upon  persons  through  its  own 
laws  and  courts,  instead  of  acting  on  con,  muni- 
ties  through  persuasion  or  force.  It  was  tho 
crowning  wisdom  of  the  new  constitution ;  and 
the  effect  of  ihis  compromise  legislation,  was  to 
destroy  that  great  feature  of  our  Union — to  bring 
the  general  and  State  governments  into  conflict 
— and  to  substitute  a  sovereign  State  for  an  of- 
fending individual  as  often  as  a  State  chose  to 
make  the  cause  of  that  individual  her  own.  A 
State  cannot  commit  treason,  but  a  citizen  can, 
and  that  against  the  laws  of  the  United  States; 


*'f 


ANXO  1888.     ANDREW  JACKSON,  PRESIDENT. 


347 


dthe  act  of  1833; 
;ho  government,  hu 
is  fact,  and  in  his 
ntcd  States  would 
uccessful  precedent 
nterposilions  of  its 
the  federal  govern- 
,te  from  the  govcrn- 
t)  was  proceeding 
lly  in  settling  with 
g  the  cause  of  her 
:ing  the  laws  against 
tituted  government) 
n  this  way,  witli  a 
10  at  the  actual  near 
.  the  next  one,  when 
1  out  of  its  hands  by 
few  members.    The 
d  of  permanent  evil 
government  to  the 
leration,  acting  upon 
ividuals.    It  violated 
•hich  discriminated  it 
ch  ever  existed,  and 
•iotically  put  into  the 
a  the  fate  which  had 
ancient  and  modern, 
i-acies  in  their  general, 
d  upon  communities, 
ice  as  often  a.s  they 
e  to  one  of  its  strong 
could  only  be  sub- 
ication  of  force  has 
ar ;  which  has  ended 
confederacy.     Tli« 
anal  Union  knew  all 
iger  of  it  in   history, 
our  confederation; 
a  Union  instead  of  a 
id  independent  within 
•sons  through  its  own 
acting  on  coiiimuni- 
)r  foix;e.    It  was  tho 
lew  constitution ;  and 
ise  legi-slation,  was  to 
if  our  Union— to  bring 
ernments  into  conflict 
a'ign  State  for  an  of- 
as  a  State  chose  to 
lividual  her  own.    A 
ion,  but  a  citizen  can, 
of  the  United  States; 


and  so,  if  a  citizen  commits  tix-awon  against  the 
United  .'^tiitr.s  ho  may  (if  this  interposition  •<» 
admitted),  1)0  shielded  by  a  State.  Our  whole 
fnime  of  government  is  unhinged  when  the 
fudenil  govornnient  shifts  from  its  foundation, 
aud  goes  to  acting  upon  .States  instead  of  indi- 
viduals ;  and,  therefore,  the  "  compromise,"  as 
it  was  called,  with  South  Carolina  in  1833  was 
in  violation  of  the  great  Union  principle  of  our 
government — remitting  it  to  the  imbecility  of 
the  old  confederation,  giving  inducement  of  the 
Nashville  convention  of  the  present  year  (1850) ; 
and  which  has  only  to  be  followed  up  to  sec  the 
States  of  this  Union,  like  those  of  the  Mexican 
republic,  issuing  their  prominriainienloa  at 
every  discontent ;  and  bringing  tho  general 
government  to  a  fight,  or  a  capitulation,  as 
often  as  they  please. 

I  omit  all  consideration  of  tho  minor  vices  of 
the  act — great  and  flagrant  in  themselves,  but 
subordinate  in  comparison  to  the  mischiefs  done 
to  the  frame  of  our  govei  iiment.  At  any  other 
♦'me  these  vices  of  matter,  and  manner,  would 
have  been  crushing  to  a  bill.  No  bill  containing 
8  tithe  of  the  vices,  crowded  into  this  one,  coula 
ever  have  got  through  Congress  before.  The 
overthrow  of  the  old  revenue  principle,  that 
duties  were  to  be  levied  on  luxuries,  and  not  on 
necessaries — substitution  of  universal  ad  viilo- 
reiim  to  the  exclusion  of  all  si)ecific  duties — the 
substitution  of  the  home  for  the  foreign  valuation 
—tho  abolition  of  all  discrimination  upon  articles 
in  the  imposition  of  duties — the  preposterous 
btipulation  against  protection,  while  giving  pro- 
tection, and  even  in  new  and  unheard  of  forms ; 
all  these  were  flagrant  vices  of  tho  bill,  no  one 
of  which  could  ever  have  been  carried  through 
in  a  bill  before ;  and  wddch  iJorished  in  this  one 
before  they  arrived  p*  ♦heir  period  of  operation. 
The  year  1842  was  to  have  been  the  jubilee  of 
all  these  inventions,  and  set  them  all  olT  in  their 
career  of  usefulness  ;  but  that  year  saw  all  these 
Gne  anticipations  fail !  saw  the  high  protective 
policy  re-established,  more  burthensomc  than 
ever :  but  of  this  hereafter.  Then  the  vices  in 
the  passage  of  the  bill,  being  a  political,  not  a 
legislative  action — dominated  by  an  outside  in- 
teicst  of  manid'acturers — and  openly  carried  in 
tlie  Senate  by  a  douceur  to  .some  men,  not  in 

Kendal  Green,"  but  Kendal  cotton.  Yet  it 
was  received  by  the  countr}-  as  a  deliverance, 
aud  the  ostensible  authors  of  it  greeted  as  public 


benefactors ;  and  their  work  declared  by  legis- 
latures to  1k>  Hucred  anil  inviolab'r,  and  every 
citizen  doomed  to  political  outlawry  that  did  not 
give  in  his  adhesion,  and  bind  himself  to  tho 
perpetuity  of  the  act.  I  was  one  of  those  who 
refused  this  adhesion — who  continued  to  s|H<ak 
of  the  act  as  I  thought — an«l  who,  in  a  fowyeai-s, 
saw  it  sink  into  neglect  and  oblivion — die  with- 
out tho  Btdare  of  pity  or  sorrow — and  go  into 
the  grave  without  mourners  or  witnesses,  or  a 
stono  to  mark  the  place  of  its  interment. 


CHAPTER    LXXXVII. 

VIKGINIA  KKPOLirTIONS  OK  "09-l)l)-I)I9Ani;8KI)  OF 
TIIKIU  SillTII  CAltOLlN.V  INTKUPKETATION-1. 
UPON  TIIKIK  OWN  WOKDH-a.  Ul'ON  CONTEM 
roKANEOLd  INTEUl'KETATlON. 

Thk  debate  in  the  Senate,  in  1830,  on  Mr.  Foot's 
resolutions,  has  been  i-egarded  as  the  dawn  of 
those  ideas  which,  three  years  later,  under  tho 
name  of  "  nulliflcation,"  but  with  the  character 
and  bearing  the  seeds  of  disorganization  and 
civil  war,  agitated  and  endangered  the  Union. 
In  that  debate,  Mr.  Ilaync,  as  heretofore  stated, 
quoted  the  third  clause  of  the  Virginia  resolu- 
tions of  1708,  as  the  extent  of  the  doctrines  he 
intended  to  avow.  Though  Mr.  Webster,  at  tho 
time,  gave  a  different  and  more  portentous  in- 
terpretation to  Mr.  Ilayne's  course  of  argument, 
I  did  not  believe  that  Mr.  Ilayne  purposed  to  use 
those  rcsolutious  to  any  other  effect  than  that 
intended  by  their  authors  and  adopters ;  and 
they,  I  well  knew,  never  supposed  any  right  in 
a  State  of  tho  Union,  of  its  own  motion,  to  annul 
an  act  of  Congress,  or  resist  its  operation.  Soon 
after  the  discussion  of  1830,  however,  nulliflca- 
tion assumed  its  name,  with  o  clear  annunciation 
of  its  purpose,  namely,  to  maintain  an  inherent 
right  m  a  State  to  annul  the  acts  of  the  federal 
government,  and  resist  their  operation,  in  any 
case  in  which  the  State  might  judge  an  act  of 
Congress  to  exceed  the  limits  of  the  constitution. 
And  to  support  this  disorganizing  doctrine,  tho 
resolutions  of  1798,  were  boldly  and  persever- 
ingly  appealed  to,  and  attempted  to  be  wrested 
from  their  real  intent.  Nor  is  this  eflbrt  yet 
abandoned ;  nor  can  we  expect  it  to  be  whilst 
nulliflcation  still  exists,  either  avowed  or  covert. 


348 


THIRTY  YEARS'  VIEW. 


The  illustrlouB  ftuthorHliip  of  thu  RcRoliitions  of 
17(IH  ;  tilt'  character  nn»l  reinitation  of  the  legis- 
laturs  who  adopted  tliein ;  their  general  aea-pt- 
anco  by  the  repuhhcan  party  ;  the  inlluencc 
they  exercised,  not  only  on  questions  of  the  day, 
but  on  the  fate  of  parties,  and  in  Hhaping  the 
government  itself,  all  combine  to  give  them  im- 
portance, and  a  high  place  in  public  esteem  ;  and 
would  go  fur  to  iKTBuudc  the  country  that  nulli- 
fication was  right,  if  l/wy  were  nullification.  In 
connection,  therefore,  with  the  pcrio<l  and  events 
in  which  nullification  had  itt  rise,  the  necessity 
is  imposed  of  an  examination  into  the  scope  and 
objects  of  those  resolutions  ;  and  the  same  rea- 
sons that  have  made,  and  make,  the  partisans 
of  nullification  so  urgent  to  identify  their  fal- 
lacies with  the  resolutions,  must  make  every 
patriot  solicitous  for  the  vindication  of  them  and 
their  author  and  adopters  from  any  such  affinity. 
Fortunately,  the  material  is  at  hand,  and 
abundant.  The  resolutions  are  vindicated  on 
their  text  alone ;  and  contemporaneous  authen- 
tic interpretation,  and  the  reiterated,  earnest — 
even  indignant — disclaimers  of  the  illustrious 
author  himself,  utterly  repudiate  the  intent 
that  nullification  attempts  to  impute  to  them. 
I  propose,  therefore,  to  treat  them  in  these  three 
aspects: 

I.  Vindicated  on  their  text. 

The  clause  of  the  resolutions,  chiefly  relied  on 
as  countenancing  nullification,  is  the  third  reso- 
lution of  the  series,  and  is  as  follows : 

"That  this  assembly  doth  explicitly  and  per- 
emptorily declare  that  it  views  the  powers  of  the 
federal  government,  as  resulting  from  the  com- 
pact, to  which  the  States  are  parties,  as  limited 
by  the  plain  sense  and  intention  of  the  instru- 
ment constituting  that  compact ;  and  that,  in 
case  of  a  deliberate,  palpable,  and  dangerous  ex- 
ercise of  other  powers  not  granted  by  the  said 
compact,  the  States,  who  are  the  parties  thereto, 
have  the  right,  and  are  in  duty  bound,  to  inter- 
pose for  arresting  the  progress  of  the  evil,  and 
for  maintaining,  within  tlieir  respective  limits, 
the  authorities,  rights,  and  liberties  appertaining 
to  them." 

The  right  and  duty  of  interposition  is  cer- 
tainly here  claimed  for  the  States,  in  case  of  a 
"deliberate,  palpable,  and  dangerous  assumption 
of  powers,  by  the  federal  government;"  but, 
looking  alone  to  the  words  of  the  text,  it  is  an 
unreasonable  inference,  that  forcible  or  nullify- 
ing interposition  is  meant.    Tbo  word  docs  not 


import  resistance,  but  rather  the  contrary  j  um] 
can  only  be  wndir«ti)od  in  a  hostile  sense,  whm 
the  connection  in  which  it  is  used  necessurlly 
implies  fom*.  Such  i^  nut  the  case  in  this  rtsi^- 
lution  ;  and  no  one  has  u  right  to  suppose  lliut 
if  its  authors  had  intended  to  assert  a  princi|ili.> 
of  such  transcendent  importance,  as  that  tiiv 
States  were  severally  possessed  of  the  right  to 
annul  an  act  of  Congress,  and  resist  its  extcii- 
tion,  they  would  noi  have  used  words  to  declare 
that  meaning  explicitly,  or,  that  they  would  ju. 
timate  covertly  a  doctrine  they  dared  not  avow. 

The  constitution  itself  suggests  several  niwUs 
of  inter|K)sition,  competent  for  either  the  Stat*  h 
or  the  people.  It  provides  for  the  election  (l,y 
a  ixived  system,  popular  and  State),  ut  brief  in- 
tervals, <'f  all  the  functionaries  of  the  fedcrul 
government ;  and  hence,  the  interposition  of  tiie 
will  of  the  States  and  people  to  ellect  a  cliuii).'u 
of  rulers ;  hence,  of  policy.  It  provides  timt 
freedom  of  speech  and  the  press,  shall  not  Ixt 
abridged,  which  is  eciuivulent  to  a  provi.^ion  tluit 
those  powerful  means  be  |H-rpetuully  intcrpdnd 
to  affect  the  public  conscience  and  sentiment— 
to  counsel  and  alarm  the  public  servants ;  to 
influence  public  policy — to  restrain  and  remedy 
government  abuses.  It  ri'cognizes  the  rif:lit, 
and  provides  that  it  shall  not  be  abridged,  of  the 
people  "  to  assemble  and  petition  the  goviiii- 
ment  for  the  redress  of  grievances ; "  hence,  con- 
templating that  there  may  be  grievances  on  the 
part  of  the  government,  and  suggesting  a  means 
of  meeting  and  overcoming  them.  Finally,  it 
provides  that,  on  the  application  of  u  designated 
proportion  of  the  States,  C(mgress  shall  cause  a 
convention  to  be  called,  to  provide,  in  the  con- 
stitution itself,  ghofdd  it  be  judged  necessary, 
additional  securitiiK  tr  the  States  and  the  peo- 
ple, and  additional  restraints  on  the  govern- 
ment. 

To  act  on  the  sentiments  of  the  country, 
then ;  to  bring  to  their  aid  the  potent  engineji 
of  the  press  and  public  harangues  ;  to  move 
the  people  to  jHitition  and  remonstrance  against 
the  obnoxious  measures ;  to  draw  the  attention 
of  other  States  to  the  abuses  complained  of,  and 
to  the  latitudinous  construction  the  federal  au- 
thorities were  giving  to  their  powers  ;  and  thns 
bring  those  States,  in  like  manner,  to  act  on 
their  .senators  and  representatives,  and  on  tiic 
public  voice,  so  as  to  produce  an  unmcdiate 
remedy,  or  to  co-opcrato  in  calling  a  convention 


ANNO  1838.    A!a)REW  JACKSON,  PRESIDENT. 


349 


to  provide  further  HcciiritivH — one  or  both ;  tlicno 
aloiiu  aru  thu  ino<Ic>M  of  "  hitvrposition  "  tho  Vir- 
ginik  ri'sohitionM  of  1798  contemplated  ;  all  they 
profesHotl ;  all  they  attempted ;  all  that  tho  ro- 
golutioiiH,  or  their  hintory,  warrant  to  1>o  im- 
puti'd  to  them.  These  motleii  of  interposition 
nro  all  consistent  with  peace  and  order ;  with 
obedience  to  tho  laws,  and  rc8i)ect  to  the  law- 
ful authoriticN ;  tho  very  means,  as  was  well 
Brpucd  by  tho  supporters  of  the  resolutions, 
to  prevent  civil  strife,  iuKubordinatinn,  or  revo- 
lution ;  in  all  respects,  the  antiprMlea  of  nulli- 
fication. 

To  enlarge  somewhat  on  the  force  of  the 
words  of  tho  rcscilutions :  The  ripht  and  duty 
of"  tho  States"  to  inter|)Ose,  certainly  docs  not 
mcnn  tho  right  of  "o  State"  ti»  nullify  and  set  at 
nought.  The  States — lens  than  tho  whole  num- 
ber— have  n  right  to  intorposo,  secured,  as  al- 
ready shown,  in  the  constitution ;  and  this,  not 
only  persuo-sively,  but  peremptorily  ;  to  compel 
the  action  they  may  desire ;  and  it  is  demon- 
i^troblc,  that  it  was  this  constitutional  provision 
that  the  Virginia  legislature  harl  in  mind,  as  a 
list  resort.  The  resolutions  do  not  speak  any 
where  of  the  right  of  a  State  ;  but  use  tho  plural 
iiiuuiHjr,  States.  Virginia  exercises  the  right 
that  iKTtnins  to  a  Statc^all  the  right  that,  in 
the  premises,  she  pretends  to — in  passing  the 
resolutions,  declaring  her  views,  and  inviting  the 
like  action  of  her  co-States.  Instead,  therefore, 
of  the  resolutions  being  identical  with  nullifi- 
cation, the  two  doctrines  are  not  merely  hostile, 
but  exactly  opposites ;  the  sum  of  tho  Virginia 
doctrine  Ix^ing,  that  it  belongs  to  a  State  to 
take,  08  Virginia  does  in  this  instance,  tho  initia- 
tive in  impeaching  any  objoctionnble  action  of 
the  fetleral  government,  and  to  ask  her  co-States 
to  co-operate  in  procuring  the  repeal  of  a  law, 
a  change  of  policy,  or  an  amendment  of  the 
constitution — according  as  one  or  the  other,  or 
all,  may  1)0  required  to  remedy  '  ^•  evil  com- 
plained of;  whereas,  nullification  ci ,  Ims,  that  a 
single  State  may,  of  its  own  motion,  nullify  any 
act  of  the  federal  government  it  object  to,  and 
stay  its  o]X!ration,  until  three  fourths  of  all  the 
States  como  to  tho  aid  of  the  nati.yiiul  authority, 
and  re-enact  the  nullifitnl  measure.  One  submits 
to  tho  law,  till  a  mojority  repeal  it,  or  a  conven- 
tion provides  a  constitutional  remedy  for  it;  tho 
other  undertakes  to  annul  the  law,  and  suspend 
Its  operation,  so  long  as  three  fourths  of  the 


States  arc  not  brought  into  active  c(H)peratioa 
to  declare  it  valid.  Tho  rvRolutionn  maintaia 
tho  government  in  all  its  function.s,  only  .necking 
to  call  into  uho  tho  particular  function  of  repi'al 
or  amendment:  nullification  would  stop  tho 
functions  of  government,  and  arrest  luws  indefi- 
nitely ;  and  is  incapable  of  being  brought  to  ac- 
tual experiment,  in  a  single  instance,  without  a 
subversion  of  authority,  or  civil  war.  To  this 
essential,  radical,  antagonistic  degree  do  the  Vir- 
ginia resolutions  and  the  doctrine  of  nullification 
differ,  one  from  the  other ;  and  thus  unjustly 
arc  the  Virginia  republicans,  of  1708,  accused  of 
planting  tho  seeds  of  dissoltitio;  -a  "  deadly 
poison,"  OS  Mr.  Madison,  himself,  emphatically 
calls  the  doctrine  of  nullification — in  tho  insti- 
tutions they  had  so  labored  to  construct. 

II.  Upon  their  contemporaneojit  interpreta- 
tion. 

Tho  contemporaneous  constniction  of  the  reso- 
lutions is  found  in  tho  debates  on  their  adoption; 
in  tho  responses  to  them  of  other  State  legisla- 
tures ;  and  in  the  confirmatory  report  prepared 
by  the  same  author,  and  adopte<l  by  the  Virginia 
general  assembly,  in  January,  1800 ;  and  by  tho 
conduct  of  tho  State,  in  the  case  of  Cullender. 
And  it  \n  remarkable  (when  wo  consider  tho 
uses  to  which  the  resolutions  have  subsequently 
been  turned),  that,  while  the  friends  of  the  reso- 
lutions nowhere  claim  more  than  a  declaratory 
right  for  the  legislature,  and  deny  all  idea  of 
force  or  resistance,  their  adversaries,  in  the  heat 
of  debate,  nor  tho  States  which  manifested  tho 
utmost  bitterness  in  their  responses,  have  not 
attributed  to  tho  resolutions  any  doctrine  like 
that  of  nullification.  Both  in  tho  debates  and 
in  tlio  State  responses,  tho  opponents  of  the  re- 
solutions denounce  them  as  inflamatory,  and 
"tending"  to  produce  insubordination,  and  what- 
ever other  evil  could  then  be  thought  of,  con- 
cerning them;  but  no  one  attributes  to  them 
the  absurdity  of  claiming  for  the  State  a  right 
to  arrest,  of  its  own  motion,  the  oiwration  of  the 
acts  of  Congress. 

Tho  principal  sjKiakcrs,  in  the  Virginia  legisla- 
ture, in  opposition  to  the  resolutions,  were : 
Mr.  George  Keith  Taylor,  ^Ir.  Magill,  Mr.  Broolco, 
Mr.  Cowan,  Gen.  Henry  Lee,  and  Mr.  Cureton. 
Nearly  the  whole  debate  turned,  not  on  the  ^b- 
stract  propriety  or  expediency  of  such  re.sn;u- 
tions,  on  the  question  whether  the  acta  of  Con- 


350 


THIRTY  TEARS*  VIEW. 


ij 


grc88,  which  were  specially  complaini-il  of,  were, 
in  fiict,  unconstitutional,  it  was  ndinittod,  in- 
deed, by  'ieu.  Lee,  who  spoke  cluftorately  and 
argumentuiively  against  the  resolutions,  that,  if 
the  acts  were  unconstitutional,  it  woh  "  proper 
to  interfere;"  hut  the  extreme  notioiis  of  the 
powers  of  the  federal  government  that  then 
prevailed  in  the  federal  par  y,  led  them  to  con- 
tend t!iat  those  powers  extended  to  the  acts  in 
question,  though,  m  this  day,  they  are  univcr- 
f<ul]y  acknowledged  to  be  out  of  the  pale  of  fede- 
ral legislation.  Beyond  the  discussion  of  this 
point,  and  one  or  two  others  not  pertinent  to 
t'.ie  present  matter,  the  s|)eakers  dwelt  only  on 
the  supposed  "  tendency "  of  such  declarations 
to  excite  the  p<>ople  to  insubordination  and  non- 
submissi  >n  to  the  IiViir. 

Mr.  (ieorge  K  Taylor  complained  at  the  com- 
mencement of  his  speech,  that  the  resolutions 
"  contained  a  declaration,  not  of  opinion,  but  of 
fact ;  "  and  he  appn-hended  that  ''  the  conse- 
quences of  pursuing  the  advice  of  the  resolutions 
would  be  insurrection,  confusion,  and  anarchy  ;  " 
but  the  legal  elllct  and  character  that  he  at- 
tributed to  thu  resolutions,  is  shown  in  his 
concluding  sentence,  as  follows : 

"Tho  uioiuliers  of  tliat  Congrcps  which  had 
jiassed  those  laws,  had  lieen,  so  far  as  he  could 
undirstaud.  since  gt-nerally  nM-lectwl ;  therefore 
lie  thought  the  |)i>opli-  of  the  United  States  had 
decided  in  favor  of  their  constittitionality,  ami 
that  siichan  attempt  as  they  were  then  making 
to  induce  Congress  Ic  n.'iK'al  tho  laws  would 
be  nugiitory." 

Mr.  Brooke  thought  resolutions  "declaring 
laws  whicli  had  been  made  by  the  government 
of  the  United  States  to  be  unconstitutional,  null 
and  void,"  were  "dangerous  and  improper;" 
that  they  had  a  "  tendency  to  inflame  the  pub- 
lic mind  ;  "  to  lessen  the  confidence  that  ought 
to  subsist  iK'tween  the  repu'sentatives  of  the 
pi'ople  in  the  general  government  and  their 
coutitituents  ;  and  to  "'  sap  the  very  foumiations 
of  the  govermucnt,  by  producing  resistance  to 
its  laws."  Hilt  that  he  did  not  apprehend  the 
resolutions  to  be,  or  to  intend,  any  thing  Insyond 
an  expn'ssion  of  sentiment,  is  evident  from  his 
further  declaration,  that  he  was  opposed  to  the 
resolutions,  and  e(jually  op])08ed  to  any  mollifi- 
cation of  them,  that  should  be  "  intended  as  an 
expression  of  the  general  sentiment  on  the  «ul>- 
juct,  iH.>causu  he  conceived  t  to  be  an  improper 


mode  by  which  to  express  the  wishes  of  the 
people  of  the  State  on  the  subject." 

General  Lee  thought  tho  alien  and  sedition 
laws  "  not  unconstitutional ;  "  but  if  they  were 
unconstitutional  ho  ''  admitted  the  right  of  in- 
terposition on  the  part  of  the  general  assemblf" 
But  ho  thought  these  resolutions  showed  *'  in- 
decorum and  hostility,"  and  were  "  not  tho 
likeliest  way  to  obtain  a  repeal  of  the  laws." 
IIo  "suspected,"  in  fact,  that  "  the  repeal  of  tho 
laws  was  not  tho  loading  point  in  view,"  hut 
that  they  •'  covered  "  tho  objects  of  "  promotion 
of  disunion  and  separation  of  tho  States."  The 
resolutions  "struck  him  as  recommending  resist- 
ance. They  declared  the  laws  null  and  void. 
Our  citizens  thus  thinking  would  disolx-y  tho 
laws."  His  plan  would  be,  if  he  thought  tho 
laws  unconstitutional,  to  let  the  people  petition, 
or  that  the  legislature  come  forward  at  once 
"with  a  proposition  for  amending  the  dcubifui 
parts  of  the  cor  stitulion  ;  "  or  with  a  "  respiclfiil 
or  friendly  memorial,  urging  Congress  to  rejR'nl 
the  laws."  But  he  "  admitte<l "  the  only  riglit 
which  tho  resolutions  assert  for  the  .St-.tc, 
namely,  the  right  "  to  interpose."  The  reniiirk.>i 
of  the  other  opponents  to  tho  resolutions  were 
to  the  same  elfect. 

On  behalf  of  the  resolutions,  the  principal 
speakers  were,  Mr.  John  Taylor,  of  Caroline, 
who  had  intrmluced  them,  Mr.  Kuflin,  Mr.  .Nler- 
cer,  Mr.  Pope,  Mr.  roushee,  Mr.  Daniel,  Mr. 
Peter  Johnston,  Mr.  GiK's,  Mr.  James  Barbour. 

They  obviated  tho  objection  of  the  BjKakers 
on  the  other  side,  that  the  resolutions  "  contuincd 
a  de<-laration,  not  of  opinion,  but  of  fact."  hy 
striking  out  the  words  which,  in  the  original 
draft,  declared  the  acts  in  question  to  be  "nui!, 
voifl,  and  of  no  force  or  cH'ect ;"  so  a.s  to  make 
it  manifest,  as  the  advocates  of  the  resolutions 
Maintained,  that  they  intended  nothing  iH'yond 
ail  expression  of  sentiment.  They  oliviatetl 
another  objection  which  appeared  in  the  original 
draft,  which  asserted  the  States  aloiif  to  l»e  the 
parties  to  the  constitution,  by  striking  out  the 
word  "alone."  They  thoroughly  and  siica'.'isfiil- 
ly  combated  both  tho  "suspicion"  that  they  hid 
any'  ulterior  object  of  dissent!  )n  or  disunion,  and 
the  "apprehension"  that  ■  .  lesolutioiis  would 
encourage  insubordination  among  the  im'()|>Ii'. 
They  acceded  to  and  afl'itmed,  that  their  object 
wa«  to  obtain  a  repeal  of  the  ollensive  measures ; 
tluit  ths  reiiolutioiis  might  ultimately  lead  to  a 


ANXO  1833.     ANDREW  JACKSON,  PRESIDENT. 


351 


»c  wishca  of  the 

JCt." 

lien  aiul  sedition 
but  if  they  were 
I  the  ripht  of  in- 
encrul  assoinbly" 
ons  showed  ''  iu- 
were   "  not  the 
)cbI  of  the  laws." 
•'  the  repeal  of  the 
lint  in  view,"  but 
ctH  of  "  promotion 
the  States."    The 
loniroending  resist- 
,WH  null  and  void, 
ivould  disolx-y  the 
if  he  thoujiht  the 
the  people  petition, 
«  forward  at  once, 
ndinR  the  doublfui 
r  with  a  "'  resiKctful 
Coui^resH  to  ri'iu'id 
ed  "   the  only  ri(;lit 
crt   for  the    St-.te, 
ose."    The  renitirk.H 
the  resolutions  were 

tions,  the  principal 
L'aylor,  <>f  Caroline, 
^Ir.  Kutlln,  Mr.  .^Il•r- 
■c    Mr.  Panii'l,  Mr. 
Blr.  James  Barbour. 
Itiun  of  the  speakers 
solutions  "  contiuned 
|)n.  but  of  fact;'  by 
liich,  in  the  original 
Lestion  to  be  "null, 
ect ; "  BO  as  to  make 
8  of  the  restdulions 
Ided  nothin},'  beyond 
it.      They    obviated 
ari'd  in  the  oripnal 
;ales  (ilmir  to  be  tlie 
by  striking  out  the 
ighly  and  siieccssful- 
jicion"  that  they  hid 
mm  or  disunion,  and 
„  resolutions  would 
among  the  pioi'l''- 
|ed.  that  their  object 
olVensive  measures; 
ultimately  lead  to  a 


(xmvention  for  aminding  the  conrtitution,  and 
that  they  were  intended  both  to  express  and  to 
.:.Tect  public  opinion ;  but  nothing  more. 
iSay?  Mr.  Taylor,  of  Caroline : 

"  If  Congress  .should,  as  was  certainly  possible, 
h^frislatc  unconstitutionally,  it  was  evident  that 
in  theory  they  have  done  wrong,  and  it  only 
remained  to  consider  whether  the  constitution 
is  so  defective  as  to  have  established  limitations 
and  reservations,  without  the  means  of  enforcing 
tlu-in,  in  a  iuo«le  by  which  they  could  be  made 
practically  useful.  Sup])oso  a  clashing  of  opin- 
ion should  exist  between  Congress  and  the 
Slates,  respecting  the  true  limits  of  their  consti- 
tutional territories,  it  was  easy  to  sec,  that  if 
tlie  right  of  decision  had  been  vested  in  either 
parly,  that  party,  deciding  in  the  spirit  of  party, 
would  inevitably  have  swallowed  up  the  other. 
The  constitution  must  not  only  have  foreseen 
the  possibility  of  such  a  clashing,  but  also  the 
cousequen(«  of  a  preference  on  either  side  as 
to  its  const!  uction.  And  out  of  this  foresight 
must  have  ari.sen  the  ilfth  article,  by  which  two 
tliinls  of  Congress  may  call  upon  the  States  for 
an  explanation  of  any  such  controversy  as  the 
[.rt'sent ;  and  thus  correct  an  crroueo\is  construc- 
tion of  its  own  acts  by  a  minority  of  the  States, 
wliilsl  two  thirds  of  the  States  are  also  allo.ved 
ti  comiHsl  Congress  to  ca..  a  convention,  in 
case  so  many  should  think  an  amendment  neces- 
sary for  the  purpo.se  of  checking  the  unconsti- 

tutonal  acts  of  that  body Congress 

H  the  creature  of  the  States  and  the  people  ■,  but 
iiiihcr  the  States  nor  the  |)eople  are  the  creatures 
if  Congress.  It  wouUI  be  eminently  absurd, 
that  the  creature  should  exclusively  construe 
the  instrument  of  its  own  existence ;  and  there- 
iMc  tiiis  construction  was  reserved  indiscrimi- 
nately to  one  or  the  other  of  those  powers,  of 
whicii  CongresK  was  the  joint  work  ;  namely, 
ti  the  jK-'oplo  whenever  a  convention  was  re- 
Nirti'd  to, or  to  the  States  whenever  theoperatiun 
shoulil  lie  curried  on  by  three  fourths." 

"Mr.  Taylor  then  proceeded  to  apply  these 
(iKstMvations  to  the  threats  of  war,  and  the 
•lipnhension  of  civil  commotion, '  towards  which 
thi  resolutions  were  said  to  have  a  tendency.' 
Xn  the  republicans,  said  he,  ]>ossessed  of  tleets 
ami  armies  ?  If  not,  to  what  could  they  ap|>eal 
f  r  ili'Hiu e  and  support  ?  To  nothing,  except 
|ulilic  opinion.  If  that  should  bi>  against  them, 
they  must  yiehl;  if  for  them,  did  gentlemen 
iiR'uii  to  say,  that  public  will  shouUl  be  us.sailed 
In  force?  ....  And  uguinst  a  State 
«hiih  was  pursuing  the  only  possible  and  or- 
iliiiary  mode  of  ascertaining  the  opinion  of  two 
tiiinls  (if  tiie  States,  by  declaring  its  own  and 
^kinij  theirs  ?  " 

"  IK-  iiloiTved  that  the  n'sohitions  hudlici'n  ob- 
J'"iiil  III  lis  couched  in  language  ttK)  strouf?  oiid 
"iRiiMTe ;  whilst  it  had  alst)  been  said  on  the  same 
Mill,  thai  if  the  laws  were  unconstitutional,  the 
|ivuple  ought  to  lly  to  aruu  aud  reuist  them.    To 


this  he  replied  that  he  was  not  surprised  to  hear 
the  enemies  of  the  resolutions  recommending 
measures  which  were  either  feeble  or  rash.  Tim- 
idity only  8erve<l  to  invite  a  re|)ctitiou  of  injury, 
whilst  an  unconstitutional  resort  to  arn)s  would 
not  only  justly  exasperate  all  good  men,  but 
invite  those  who  ditleivd  from  the  frionds  of  the 
resolutions  to  the  same  ap|K>al,  and  produce  a 
civil  war.  Ilence.  those  who  wished  to  pnscrvc 
the  |ieace,  as  well  as  the  constitution,  bad  re- 
jected both  alternatives,  and  chosen  the  middle 
way.  They  had  uttered  what  they  conceived  to 
be  truth,  and  they  had  pursued  a  .system  which 
was  only  an  appeal  to  public  opiniciu  ;  becau.se 
that  appeal  was  warrouted  by  the  coustitutioa 
and  by  principle." 

Mr.  Mercer,  in  reply  to  Mr.  0.  K.  Taylor, 
said-. 

"  The  gentleman  from  Prince  CSeorgc  had  told 
the  committee  that  the  resolutions  wrre  cal- 
culated to  rouse  the  people  to  resistance,  to 
excite  the  people  of  Virginia  against  the  federal 
government.  Mr.  Mercer  did  not  see  how 
such  consequences  could  result  from  their  adop- 
tion. They  contained  nothing  nmn-  than  the 
sentiment  which  the  jK^oplo  in  many  parts  of 
the  State  had  expK'sscd,  and  which  had  Injen 
c<mveyed  to  the  legislature  in  their  memorials 
and  resolutions  then  lying  on  the  table.  Ho 
would  venture  to  say  that  an  j.ttention  to  the 
resolutions  from  the  committee  would  prove 
that  the  qualities  attempted  to  be  attached  to 
them  by  the  gentleman  could  not  Ik-  founil." 

"  The  right  of  the  State  government  to  inter- 
fere in  the  manner  proposed  by  the  resolutions, 
Mr.  Mercer  coutendeil  was  clear  to  his  mind. 

The   State  believed  sume  of  its 

rights  had  been  invaded  by  the  late  acts  of  the 
general  government,  and  pro|)osed  a  remedy 
will  -eby  to  obtain  a  refK-al  of  tliein.  The  plan 
cor  ained  in  the  resoluti'ins  a]iiH'ari'd  to  .Mr. 
M.  cer  the   most  advisable,     t'oive   was    net 

thought  of  by  any  one The  States 

were  equally  coiuvrneil,  as  their  riu;hts  had 
been  equally  invaded ;  and  nothing  seemed  more 
likely  to  produce  a  teiii[H>r  in  Congress  for  a 
reiH>al." 

"The  object  (of  the  friends  of  the  resolutions), 
in  addressing  the  States,  is  to  obtain  a  similar 
declaration  of  opinion,  with  respect  to  several 
late  acts  of  the  general  governiiient,  .... 
and  thereby  to  obtain  a  repeal." 

Mr.  Harbour,  likewise,  in  reply  to  Mr.  Q.  K. 

Taylor,  said : 

"  The  gentleman  from  Prince  (jeorgc  had  re- 
marked that  tho>:e  ix'solutions  invited  the  |ieoplu 
to  insiirrceliou  and  to  arms;  but,  if  he  could 
conceive  that  the  consequences  foictnld  would 
grow  out  of  the  measure,  he  would  lic-come  its 

bitterest  enemy." '1' he  resolutions 

were  "addressed,  uot  to  the  puoplu  but  to  the 


352 


THIRTY  YEARS'  VI KW. 


'■f| 


iiisfer  Stntofl ;  prnyinp,  in  n  piicific  way,  tlicir 
co-<t|H'rntion,  in  nrn'stinp;  the  U'luloncy  and  cflfeot 
of  unconstitutional  lawf*. 

"  For  his  part,  ho  wan  for  usin«  no  violonco. 
It  wnH  the  |H-culinr  lileHninp:  of  flie  Aniericnn 
jKHipIe  to  Iiavo  redress  within  their  reacli,  by 
ronstitutionul  ant!  iH-«ceful  meauH." 

On  the  Kanio  point,  Mr.  Daniel  spoke  as  fol- 
lows : 

''  If  the  other  States  think,  with  this,  (hat  the 
laws  arn  unconHtitntional,  the  laws  will  Ik-  n-- 
]H>aU'd.  and  the  const itntional  (pieKtioi.  will  be 
Kotiled  hy  this  declaration  of  a  majority  of  the 

States." "If,  on  the  contrary,  a 

Hullicient  innjority  of  the  States  should  declare 
their  o|)ini<>n.  that  the  constitution  ^iive  Con- 
gress antliority  to  jmss  these  laws,  the  constitu- 
tional i|iiestii)n  would  still  bu  settled;  but  an 
attempt,  nii^lit  Ih;  made  so  to  amend  the  consti- 
tution as  to  take  from  Congress  this  authority." 

And,  finally,  Mr.  Taylor  of  Caroline,  in  elos- 
iuR  the  <lebate,  and  in  explanation  of  his  fonner 
remarks  in  res|)e<'t  to  calling  a  conventi(m,  said: 

"He  would  explain,  in  a  few  word<,  what  he 
had  before  said.  That  (he  plan  jiro'iosed  by  (he 
resolutions  would  not  eventuate  in  war.  but 
might  in  a  convention,  lie  did  not  admit,  or 
contemplalt*.  that  a  convention  would  be  called. 
lie  only  .-iuid.  that  if  Congress,  upon  being  nd- 
tlresM'il  lt>  liav<'  these  laws  rei)ealed,  sbnuiil  per- 
sist, tliey  might,  by  a  eoncurr«>iice  of  three 
fourths  of  the  States,  be  ciunpelled  t«)call  a  con- 
vent ion." 

It  is  seen.  (hen.  by  thest>  extracts,  that  the 
opi>osers  of  the  resolutiims  did  not  charge  upon 
them,  nor  their  supjiorters  in  any  manner  eon- 
tend  for.  any  principle  like  that  of  nidliflcation  ; 
that,  on  (he  contrary,  the  supporters  of  (he  re- 
solutions, so  far  fn>m  the  absunl  proposition 
that  each  State  could,  for  itsell",  annul  the  acts 
of  Congress,  and  to  that  extetit  s(op  the  ojK'ra- 
tion  of  the  federal  government,  they  did  not  re- 
cognize that  power  in  a  majority  of  the  Slates, 
nor  even  in  .all  the  States  together,  by  any  extr.a- 
constitulional  couibiuati.n  or  process,  or  lo  an- 
nul a  law  otherwise  than  through  the  preseriU'ii 
forms  of  legislative  rejK^al,  or  constituti(;nal 
•mendment. 

The  n'solulions  were,  however,  vigorously 
•ssailed  by  the  federal  party  throughout  the 
Union,  esjx'cially  in  the  resjxuises  of  st  veral  of 
the  States;  and  at  (he  ensuing  session  of  the 
Virginia  legislature,  those  Statu  responses  were 
sent  to  ft  committee,  who  made  an  elaliorate  ex 
tminfttion  of  the  resolutions,  tod  of  the  objec-  \ 


tions  that  Iiad  Ihhmi  made  to  them,  conchidini' 
by  a  justification  of  them  in  all  particularly 
and  reiterating  their  dcclarationa.  This  re- 
port  was  adopted  by  the  general  aasemldv 
and  is  a  part  of  the  contemporaneous  and  au- 
thentic interpretation  of  the  resolutions.  T]w 
rt>ix)rt  says : 

"  A  declaration  that  proceedings  of  the  federal 
government  aiv  not  warnmted  by  (ho  constitu- 
tion, is  a  novelty  neither  amtrng  the  (ntizi'iis 
nor  among  the  legislatures  of  the  States. 

"  Nor  can  the  det^larations  of  either,  whctlicr 
alllrming  or  dcnving  the  constitutionality  of 
mea»<Hres  of  the  fedend  government,  or  whetliiT 
made  In-fore  or  ader  judicial  decisions  thereon 
be  tieemed,  in  any  point  of  view,  an  assinn|>. 
tion  of  the  ofllce  of  judge.  The  declarations 
in  such  cjises,  are  expressions  of  opinion,  iiium;] 
companied  by  any  other  ell'irt  (ban  what  they 
may  produce  on  oi)inion,  bv  exciting  reflcclion. 
The  expositions  of  the  Judiciary,  on  the  otiicr 
haiul,  are  e.irried  into  immediate  eflect  by  force." 

Again:  '"In  the  example  given  by  the  State 
of  declaring  the  alien  and  sedition  acts  to  lie 
unconstitutional,  and  of  conununicating  the  iln-- 
laration  to  other  States,  no  trace  of  imi(ro|wr 
means  has  appenird.  And  if  the  other  Statis 
had  cotuMured  in  making  a  like  declaration. sii{i- 
ported  too.  by  the  numen)us  applications  IIuh- 
ing  iuMueiliutely  fnun  the  people,  it  can  .'iCiiiri  Iv 
be  doubted,  tliat  these  simple  means  wimlil 
bavi'  been  as  suHicient,  as  they  aro  une.\n'|i 
tionable. 

"  It  is  no  less  certain  that  other  means  mi.-l;i 
have  U'en  employed,  whi<'h  are  strictly  witliin 
the  limits  of  the  constitution.  The  legisliitim. 
of  the  States  might  have  made  a  direct  represen- 
tation to  Congress,  with  a  view  to  obtain  n  n- 
scinding  of  the  two  oU'etisive  acts  ;  or  tluy 
might  have  repivsenled  to  their  res|)eetive  smu 
tors  in  Congress  their  wish,  that  two-tliinl* 
thereof  would  jiropose  an  explanatory  aiMcinl- 
ment  to  the  constitution  ;  or  two-thinls  nf 
themselves,  if  such  had  been  their  option,  ini;:lil. 
by  an  application  to  Congress,  have  obtaiiml  a 
coi'vention  for  the  same  object. 

"  These  several  means,  though  not  equally 
eligible  in  themselves,  nor  probably  to  lli* 
States,  were  all  constitutionally  o|H'n  for  cini- 
sideration.  And  if  the  general  as.-;enilily.  iil'ii  r 
declaring  the  two  acts  to  be  uneonstitiitioii.il, 
the  lirst  and  most  obvious  proceeding  on  iln 
subject,  did  nut  undertake  to  point  out  to  iln 
other  States  a  choice  among  the  farther  iini*  I 
t  ures  that  might  Ixvome  necessary  and  prn|ii  r. 
the  resinirce  will  not  be  mi.-eonslrned  by  lilKnil| 
mimls  into  any  culpable  imputation." 

These  extracts  are  vahinblo,  not  only  fTJ 
their  positive  testimony  that  the  |{e.soliitiiiii.<j 
of  IT'JH,  nor  their  authors,  had  ever  conlnn-j 
pitted  such  a  doctrine  as  Nulliflcatiou ;  l»it| 


'^m^ 


ANNO  isa.l.     ANDREW  JACKSON,  riUCHIUKNT. 


353 


them,  conclntling 
n  all  partuMilarn, 
ttions.  This  re- 
fcnoml  afiscinhly, 
»orancoii8  ami  au- 
rcsolulions.    The 

(linpp  of  the  foikral 
,,1  \)y  the  constit\i- 
moni?  the  citiu-ns, 
f  the  States. 
,  of  either,  whctkr 
'oiistitutioniilily  ui 
rnim-nt,  or  whetliir 
1  (UTiHionH  thcri'oii, 
)f  view,  an  nssiinn)- 
Thc  (leelaralioiis, 
',ns  of  opiniini,  iiniic- 
Urt  than  what  tluy 
V  .'xcitinp;  relUTtimi. 
iiciary,  on  the  otlur 
iliateeiVoothvroiiY." 

0  civen  hy  the  Mali', 

1  Hedition  acts  tn  U 
innmniwitinp  the  iWc- 
,u)  trace  of  imi.roi«T 
„l  if  the  otlier  StuUs 
ivlikeaci-laration.sni- 
•m».  applieatious  ihw 

..eoi.le,  it  can  sei.m  ly 
Biiui.ie  means  wor.ll 
as  they  are  iirn'Mq 

hut,  other  means  ini-^U 
,.h  are  strictly  wulun 
It  ion.    The  IcgisluUin* 
Lu-ie a iliiect  n'l.irs.n- 
'iiview  to  ohtain  «  n- 
i;.„Hive   aelH  ;    or  tli.y 
IT  their  resi^etive  s.;i« 
wis\»,  that   two-Hun « 
,ui  exi.lanatory  ai.uMi.l- 
L  .,    or   two^thu.ls  . 
Lcntiieiroi.tu.n,  ....■•  it. 
nsrress,  i>ave  ohtaiiK.l  x 
ohject.  ., 

,^    thoiiH»>  "'>t  ^^1"=''  -^ 
•;,„r    i,roha».ly,""l- 
UionaUy  oi^"    -'  'T. 
\cwm\  assen.l.ly.ali- 
to  1,0  uncoust.tution,U. 
iouH  oroceetlintr  on  t  «■ 
u"  ,o*  r..int  .ml  to  .1. 
„„,       the  fart>erua> 
,,  „,^ssary  anjl  P^ 
,„i.n.nstruea  by  IiUtaI 
•nni)utation." 

Jvalunhlo,  not   only  f'H 
ly  that   the    Ucsoluti.1,^ 
VhorH,  ha.!  ever  co«t.">- 


lo  »a 


Nullification;  ^'A 


also  for  their  iirecise  definition  anti  enumera- 
tion of  the  powers  which,  in  the  premincs, 
wore  really  claimed  for  the  SlatcH,  by  the  Stale- 
Kif^htH  KepublicanH  of  that  day.  They  are  nil 
disiinctly  laid  down : 

1.  Hy  a  Holenni  declaration  of  opinion,  calcu- 
lated to  o|)eratc  on  the  public  Hcntiment,  and  to 
induce  the  co-operation  of  other  StateH  in  like 
(IvclarationH. 

2.  To  make  a  direct  ntprcKentation  to  Con- 
i;reB8,  with  a  view  to  obtain  a  re|ieal  of  the  acts 
c-oinplained  of. 

3.  To  represent  to  their  resjiectivo  Konators 
ilieir  wish  that  two-thirds  thcrtof  would  pro- 
|)oso  an  explanatory  amendment  to  the  consti- 
tution. 

4.  By  the  conctirrenco  of  two-thinls  of  the 
Elates  to  cause  Congress  to  call  n  convention 
for  the  same  object. 

These   are   the   entire   list  of    the   remedial 
[lowers  snspecti'd,  by  the  Resolutions  of  !7!'8, 
aud  their  author  and  adopters,  to  exist  in  the 
States   with   reference   to   federal    eniutttnents. 
Tlu'ir  variant  character  fmm   the   iM'rcm|)lory 
jrri'st  of  acts  of  Congress  proposed  by  nullitirn- 
;inn,  is  well  illiistratnl  in  the  comparison  made 
m  tiic  report   l>etween  expressions  of  opinion 
like  those  of  tht;  resolutions,  an<l  the  compiil- 
ory  (HKTationof  a  judicial  process.     Supjiosin^', 
-ays  the  iv|H»rt,  "  that  it  Ih'Ioii};s  lo  tlu;  judicia- 
ry uf  the  United  States,  and  nol  the  Stale  lejiis- 
latiires,  to  declare  the  meaning  of  the  federal 
constitution,"  yet  the  declarations  either  of  a 
'>t:(te,  or  the  people,  "whether  alllrnr  ig  or  <lo- 
nyiiig  the  constitutionality  of  measures  of  th(^ 
irtiiral  government,  or  whether  made  In-fore  or 
illcr  judicial   di-cisions   thereon,"  cainiot    "  be 
Iwrncd  in  any  jioint  of  view  an  assumption  of 
;ho  office  of  the  judge  ;"  because,  "the  declara- 
'.ims  ill  such  cases  are  expressions  of  opinions 
iniiccoiiipanied    with    any    other    efl'ect    than 
wlml  they  may  produce  on  opiiiioii,  by  excit- 
!!;:  ri'tieclion  ;" — wherejis,  "the  expositions  of 
ihi'  judiciary  aix)  carried  int«»  innnediate  ell'ect 
I'V  force." 

Till'  Republicans  who  udo])lod  the   Risolu- 

'imis  of  1708,  never contemi>!:il(il  eairying their 

\|iii.siti()iis  iiil(»eli'ect by  force;  iievei  <'oiileiii|ilat- 

"liinip.irting  to  tliem  the  eliaraeler  of  decisions, 

niwTres,  or  the  legal  determinntion  of  a  ijiies- 

r  i!i;  or  of  arresting  by  jiieaiis  uf  them  the  o|ie- 

I ration  of  tiie  acts  (hey  condemned.     The  worst 

Vol.  1.— 23 


the  enemies  of  the  resolutions  undertook  to  any 
of  them,  was  that  they  were  intemperate,  and 
might  mislead  the  p<H>plo  into  disoliedienco  of 
the  laws.  This  was  successfully  combated  ; 
buc  had  it  l)een  true — had  the  authors  of  tho 
resululioiis  even  intended  any  thing  so  baso,  it 
would  still  have  lK>en  nothing  com|>arablc  to 
the  crime  of  State  nullification  ;  of  placing  tlio 
Statu  itself  in  htjstile  array  to  the  federal  gov- 
erni'.K-nt.  Insubordination  of  individuals  may 
UKiially  Ihj  overcome  by  ordinary  judicial  pro- 
.•ess,  or  by  the  pivmc  of  the  county  wlicro  it  oc- 
curs ;  or  even  if  so  extensive  as  to  require  tho 
|)eace-<iiricerd  U)  Ins  aided  by  thi;  military,  it  is 
still  but  a  matter  of  police,  and  in  our  country 
cannot  en<langer  the  existence  of  the  govern- 
ment, lint  the  array  of  a  Stale  of  tho  Union 
against  the  federal  authority,  is  war — a  war  lic- 
tween  |».-wers — Uith  sovereign  in  their  resjicc- 
tive  spheres — and  that  could  oiny  terminate  in 
the  destruction  of  the  one,  or  the  subjugation 
and  abasement  of  the  other. 

Rut  neither  the  one  or  tin;  tither  of  these  crimes 
was  contemplated  by  the  authors  of  the  Resolu- 
tions of  17!>8.  The  remedies  they  claimed  a 
riglit  to  exercise  arc  all  |M>inted  out  in  the  con- 
stitution itself;  capable  of  apjilicatiim  without 
distinbiiig  flic  processes  of  the  law,  or  suggesting 
an  idea  of  iiisiibonliimtioii;  remedies  eajmble  of 
s!>ving  the  liberties  of  the  people  and  tiie  rights 
oV  the  States,  and  bringing  back  the  federal  gov- 
ernment to  its  constitutional  track,  without  a 
jar  or  a  check  to  its  machinery  ;  remedies  felt 
lo  be  suflicient,  a. id  by  <'rowning  experience 
soon  proven  to  Im;  so.  It  is  due  to  (he  nieiiiory 
of  those  men  and  those  times  that  their  acts 
should  no  longer  be  misconstrued  to  cover  a 
diM'trine  synonymous  with  disorganization  and 
civil  war.  The  conduct  both  of  the  government, 
!;nd  the  tx'oplo,  on  the  oc<,usion  of  these  resolu- 
ticnis,  show  how  far  they  were  from  any  nullify- 
ing er  insul)onlinate  intention ;  and  this  fur- 
nishes us  witli  another  convincing  proof  of  the 
contemporaneous  interpretation  of  the  resolu- 
tions. So  far  (as  Mr.  .Madison  justly  sny>  )* 
was  the  State  of  Virginia  from  eoiintenanciiig  tlio 
niillilying  doctrine,  tha*.  the  occasion  was  viewed 
as  a  proper  one  for  extniplifyiiig  its  devotion  to 
public  order,  an<l  acquiescence  in  laws  which  it 
deemed  unconstitutional,  while  those  laws  were 
not  rcjK'aled.     The  language  of  the  Ciovtrnor  of 

*  SvleetioDK  ft'um  Uiu  corrwponUcDM  of  MwliooD,  jk  8tW. 


II 


854 


TltlllTY  YKAUS"  VIKW. 


i. 


*  ^ 


tlu«  SliMo  (Mr.  .laiiu's  Mi.iiiM  ).  in  a  loKor  li>  Mr. 
Madison,  in  May  nml  •Innoof  ISOO,  >vill  nilfst 
till'  |)rinfi|ilt>H  an<l  I'l'cliugH  wliicli  (liclalcil  t)i«' 
course  piu'sni'il  on  ilu"  oiva-^ioii,  ami  wlicllior  (lie 
)H<o|iIi>  nmloi'stoiHl  tlio  I'isolnlitMiH  in  any  inllain- 
iuali>rv  or  \ioions  srnsf. 

On  tlu'  l.ilh  May,  ISOd,  (iovornor  MonrtH< 
writi'N  <«)  Mr.  Mailison  as  CoIIown: 

"  ll«>siil("*,  I  (liiok  tlioivlH  cause  to  NnsjHTt  (lie 
hctlilion  \u\\  will  lio  oarriinl  inio  clUvt  in  lliix 
Slalc  al  tlio  a|i|>roa<liiuir  iVilenil  fourl,  an<l  I 
ou^ltt  lo  he  tluMv  (Kiclnnoutl)  Jo  aid  in  pivvont- 

niji  tnniMo I  jliink  it  |H>ssililcan  idea 

uia>  Ik' entertnineil  ol'o|i|iosition,  and  l>y  uieaus 
wlienH>t'll>e  I'atr  |iro><|>ee(  ol' (lie  n-puMicau  parlv 
may  U-  overea>l.  Hut  in  lliis  lliey  arcd«'eeiv«><l, 
us  eerlnin  i-liamelers  in  Kieliniond  and  sonic 
neiiilibonnc  eomities  are  aln-ady  warned  of 
their  iliinp'r.  so  tluit  an  atlentpt  to  cxeile  n  l\ot- 
waler  lusuireelion  will  tail." 

.\iid  on  the  lih  of.hiu''.  IS(>(\  lie  wrote apiiu, 
ns  tolUnvs : 

"  The  conduct  ol'  tlu-  people  ou  this  o«vasion 
was  cxcr.iplavy,  and  di<es  jlietn  tl'.e  hijihest 
hi>nor.  They  scenu'd  nwave  that  the  crisis  dc- 
iiiandt-d  ol"tliein  a  pr.iol'ot' iheir  resjH-et  tor  law 
and  order,  and  re.-ol\ed  to  >how  ttie\  were  «Mpial 
to  It.  I  am  satistii'd  a  ditiei\'r,te.ind\icf  vas  cx- 
pet'led  iVi'Hi  tht'in,  lor  every  thiiii'  !  (  eoiild 
Wi\,sd.Mi.'  (o  pioNoKe  It.  l!  only  u'm!..n>  that 
llii^  |)ii>mes-  Ih-  ilO'-ed  on  the  part  o("ihe  j-.»'ople, 
as  it  li-i-i  heen  so  far  :»el<'d  ;  th:it  llu'judp',  alter 
tinishiiii;  !'is  i'!in>er,  co  oil'  in  peaet'.  wilhout  cx- 
IHimuMUj:  the  slichJcsl  niMiil  tVom  any  one; 
and  that  this  will  U>  the  ea.se  1  iiavc  no  iKmht." 

(?ovcrnor  Moimv  was  eorn>et  in  tlu*  siipposi 
lion  that  the  sedition  law  would  W  carrii-d  into 
c'.ViVt,  at  the  appi»aehiiic  session  of  (he  t'edi-ral 
i\>iirt.  and  he  was  aKo  ri>;ht  in  the  aiilicipaiioii 
that  the  |vt>ple  would  know  ho\v  lo  ilistingnisli 
KtwiH'u  the  cxenisc  of  incaiis  to  proeiiiv  the 
ivival  of  an  jut,  and  the  exeivise  of  violence  to 
stop  Its  ojvrat ton.  The  act  was  cnfon'id  ;  wa.^ 
••  carrit>d  into  elVeet  "  in  their  inidi»t.  nml  a  fel- 
low vitizi'n  iiuanvnitcd  under  its  odious  pro- 
vision;!, without  a  sujTirestion  of  otlicial  or  other 
iutorferc"<"c.  Tims  we  have  the  coiitcni|H>rane- 
oiis  iiv,.'-i  ctation  of  the  rcsoh.iions  exeniplilied 
and  s<'t  nl  v ••..  iy  tlie  m"st  powerful  of  ar-iu- 
ments:  by  th  ;•:  ,ii\'ssiv  t'act.  that  when  (he 
public  ind'i.nacon  "  :w  al  its  luinht.  siiloi.ni.nt 


eiice  on  tlie  pnlilie  mind  ;  lliat  al  thai  inonienr, 
the  «cl  of  ConurcK  apiinHt  whieli  the  reMilutimiK 
were  cinetly  aimed,  and  the  indi^nntion  of  the 
community  cliieliy  kindled,  wa.s  then  niid  there 
carried  into  execution,  and  that  in  n  form— the 
unjust  deprivation  of  a  cili/en  of  IiIh  liherly 
the  most  olmoxions  lo  a  five  |M<ople,  and  the  nm .( 
likely  to  rouse  their  op|N)siti«)n  ;  yel  ipiielly  and 
|H'ac»'ahly  ilone,  hy  the  Himple,  ordinary  process 
of  the  fedcriil  ••oiirt.  Thin  fad,  so  crcdilalile  lo 
I  the  )M>ople  of  Virginiii,  is  thus  noted  in  the  an 
'  nnal  mcHsnge  of  (lovernor  Monroe,  lo  the  jreiie- 
ral  as.snnlily,  nl  their  next  meeting,  Dunnilier, 
ISOO: 

"  In  connection  with  Ihi.t  snliject  (of  the  n>so 

'  lutions|  it  IN  profH'r  to  add.  that,  since  your  last 

session,  the  nedilion  law,  one  of  the  iictH  com 

I  plained  ot',  has  Iteen  carrii^d  into  clloct  in  this 

I  commoinveallh  l»y  the  dei-isionof  a  federal  eoi;rl. 

I  I  notice  tlii.s  event,  not  with  a  view  of  censnnii'.; 

I  or  «'riticisin).:  it.      The  traiLsnction  has  pnie  !,■ 

i  the  world,  and  the  impartial  will  jndp-  of  n  le- 

'  it  deserves.     I   imtiee  it   for  the  pnrpoKc  of  re 

marking  that  the  ileeisionwasexeeiiled  with  tin 

same  tirder  and  traiupiil  snlimission  on  the  pun 

of  the  |H'opIe,  as  could  have  Iweii  shown  liy  tlieiii 

i  on  a  similar  occasion,  to  any  the  most  nceesviiiv, 

eo\istitutional  and  |Hipoular  acts  of  the);oveni 

ment." 

(Jovernor  Monroe  then  lulds  his  otlicial  :iiiii 

personal    tesliinony   to   the   proper    intent    ainl 

;  character  of  the  proivinlinfrs  of  'I'S,  ''.•,  as  follows : 

I 

'  "  The  p'lieral  asseniltly  and  (he  good  jn'oplc 
'  of  this  eoininonwenlth  have  aetpiilled  iheiiisehts 
to  their  own  consciences,  and  lo  their  hrelliicn 
in  .Vnieriea.  in  sup|H>rl  of  a  <'aiise  which  tluv 
dciin  a  niitioiial  one,  by  the  stand  which  tluv 
maile.  and  the  sentiments  they  expii>ssiHl  of 
these  acts  of  the  p-neral  pivernment ;  Imf  they 
have  looked  for  a  chanp'  in  that  respecl,lo;i 
eliaiifix'  in  ihe  public  opinion,  which  oiinlit  lo  W 
fiw ;  not  to  ineasuivs  of  violciKV,  discord  ami 
disunion,  which  they  abhor.'' 


to  tl', 


o.u'...  ;i>  'Ji 


Mil!  .  ubs»  v.ienl  l-   ,lie 


n^jvMi  kf  '".">  ■! !  ^'t  en  bid  h  .d  Kvn  m  liver- 
sa'.ly  di-  -  ;;,i;kat  d  an-i  r.-ta.  and  tluv  had  bad, 
with  the  d.l  »t*     u    ^n  t''"iu.  their  cut  it    inllu- 


ril.VrTKR    T-X  XXVIII. 

VMIOIMA  i;i>OHTI>>NS  or  IT-.K:     IMSAIU  SKD  OF 
M  l.I.iri*  AllON.  in    TMKIU  AlTimU. 

ViMiu  Aii'i  upon  their  words,  and  upon  con- 
tiiniHiraneoiis  interpivtation,  imotlior  viiulioft- 
ti"n.  sujH'rl'.uous  in  point  of  proof  but  due  to 
those  whose  work  has  been  |K'rvertetl,  awaits 
these  resolutions,  derived  fivm  the  words  uf 


■^^ 


ANNO  Ih:i:«,     ANPRKW  JACKSON,  IMII-HIUKNT. 


355 


at  (hill,  nionu'iif, 
h  {\w  n'Mihitions 
ilinnntio"  <••'  the 
»  UuMi  null  tlu'tf 
t  ill  a  I'ovin-  tl"' 
„r  liiM  IiImtIv 

)|tU«.  lllltl'luMIUi  t 

;   Vt't  <1«1<<'''.V  llll'l 

I  ,)nliiiiir.v  i<nHTss 

i,  w»  oiiMliliihl*'  to 

hoIimI  ill  «li«<  III! 

UH'tiiiH,  l>i«*«t»''«'r. 

iil.jirt  |of  «»»o  nso 
lilt.  Hi"«'«'  >'""■  '""' 

1.    ol"   tt»'    ««'tl»    <'<lll 

in«<>  »»IV'«''  '"  *'''- 
mot*  nf««l»'i'«' •■'"'•'■'• 
a  viow  of  oi'iisiiniiii 
uu-ti«»n  Ims  com-  i" 
I  will  .jii<lp'"f  "  »- 

llio  \>iir|M'«i'  <••  '■'' 
nsrMviilo<l\vitli  till' 
uiiission  I'll  till'  I'iiit 
Imvii  shown  hy  lln'in 

I  hi'  iiio**'  "«■»■«''<-»'>• 

ni-ls  of  tho  nov.rii 

uUls  lii>*  otVifiiil  :iiwl 

jii-ojHr   iiiti'ul    mill 

ol'  ''.'S, ''.», «» l'oll«>ws : 

mil  tho  i:or.«l  iHM.i.K' 

aiHuitU'illlu'iiiMlMs 

1,1  li»  tlu'ir  hiTtlmii 

a  causi'  which  ihcv 

stiiml  whii-h  llu\v 

thi-y  i>siin-ssisl  ol' 
ivonitiu'ut ;  hut  thoy 
ill  (liiil  ivsiwol.  to:i 
n.  whii-h  oiin'it  <"  '"' 

ioK'iuv,  iliM'onl  m\ 


XXXVIII. 

,-,.s.   -KISMU  SKOOF 
TMKIU  AITIIDU. 

vorils.  ami  »1>|'»  «■""■ 

[on.   iinotliiT   Miidioa- 

of  i>roof.  hut   ihio  to 

I  CM    IKTVOliOvl.  rtWliit> 

\\  fivui  the  words  of 


(heir  nu(liiii'(iin<T  Hiciii);  (heir  |M'rvi'rKioii);  nixl 
to  iihsi>lvi'  liiiiiHi'lf  iiikI  liiH  iiMsiH-iiilcH  from  lli«> 
niiiiiuiil  ithHiinlily  iillriliiilcil  to  Ihi'iit. 

'I'hi'  coiiti'iuiioriiry  o|ipoui-uls  of  tlu'  Ili-Hohi- 
tiniisiif  \~W  Hiiiil  nil  (ho  fvil  of  thcni,  and  iv- 
lirrsfiKi'ij  (ill-Ill  ill  vvvvy  oiiioiiH  iif^lit,  ihiit  |K'r- 
scvi'riii);,  Kcrii  iiml  i<iih);h(fnil  op|Hir*iliiiii  coiiM 
(lisroviT  or  ium^riiu'.  Their  dcfi'inli'iH  hiui-i'hh- 
fiilly  n'|M>ll('iI  till'  clmrp'H  thru  iiiikI*'  iif^iiinst 
(lii'iii ;  hu(  i-oiili!  not  viuihciito  (hi'in  fioin  iiitniil- 
iiii;  (hi>  nioilcrii  iliH'(riiu>of  Niilhllnition,  Ikthiisi' 
(hilt  ilo«-(riui>  lull!  lint  (hell  liriu  itivi'Ut)>il,  iiikI 
;'i»'  in}i»'uui(y  of  (hririulviTsiiriiHiiiil  iiotcouivivc 
of  lhii(  prouiiil  of  utdick.  'riuir  vi'in-nihli'  nii- 
(iior,  liowi'vi'r  (hf  iiluK(rioiiH  Maihson* — wuh 
ri(ill  iilivi',  whoii  this  iii'W  |M'rv(*rKii>ii  of  liiw  n-Ko- 
liilious  liiiil  hffii  iiivinti'il,  iiuil  when  they  \v«>iv 
i|iiiitrii  to  Niisliiiii  (liK'triiics  syiionyiiioit.s  with 
tiisorpini/jilioniiiiilihsiiiiion.  Il«<  wiis still nlivi', 
in  n<(iri'iiii'UJ  on  his  fiinu.  His  iiioiioxly  iinil 
m-nsi'  of  |iro|)ri«'ly  hindciiMl  him  from  rnrryiiij^ 
()ii>  |ir<-s(i};«'  and  iiithitiicc  of  his  iiamo  into  (lie 
politics  of  the  day  ;  hut  his  vi|;oroiis  mind  Hiill 
wiitchcd  with  anxious  and  |iii(rio(ic  intcn'st  (he 
riMTcut  of  piihlic  alfairs,  and  recoiled  with  in- 
htiiii'tivo  horror  hoth  from  tlii>  doclrino  and  at- 
t(iii|i(cil  priu'ticcof  Niillitication.andtlicattcmiit- 
rd  ciiuiicclioii  of  his  name  and  aiMs  witli  (heori- 
(;iiia(ii>ii  of  i(.  lie  held  aloof  from  (he  pnlilic 
coiUest ;  hn(  his  seniimeiits  were  no  secret.  Ilin 
private  corii'S|M)iidcnce,  emhaciiij;  in  its  raiiffe 
ilistiuf^iiished  men  of  iill  Hi'C(ions  of  (he  rnion 
iiml  of  all  par(ies,  was  full  of  the  suhject,  from 
(lie  commeucement  of  (ho  Niillilicadon  exoite- 
mrnl  down  (o  (he  tune  of  his  deadi:  sometimeH 
»t  length,  iiiidarfjiimeutatively  ;  sonu-tinies  with 
:i  hrief  indignant  disclaimer;  always  earueslly 
iuiil  uneqiiiviM'aily.  Some  of  (liese  letters,  al- 
llioiigh  private,  wore  piihlished  during  Mr. 
Miulisou's  lifetinio,  os|H>ciallyanelahoi-ato  one  to 
.Mr.  Kdward  Kveivtt ;  and  many  of  (ho  ix<maiii- 
(liT  have  rocoiitly  Ik'oii  put  into  print,  through 
tho  liherality  of  a  jiatrolic  citizen  of  Wa.shiugtou 
{Wr.  ,1.  .Magiiire),  hnt  only  for  private  dislrihu- 
tioii,  and  honoo  not  y,cc»'s.sihle  (o  (ho  puhlic. 
Tlu'v  are  a  comploto  Ht.irohou.se  of  material,  not 

•  Mr.  M:i(ll.«<m  diil  mil  liitriMliico  llio  ticMiliitloiis  Into  tlif 
Vlriiiiilii  IfulsliiUiri'.  Ilo  wi\*  nut  n  iiu'IiiIht  of  lliat  lnp(ly  In 
U'.'S.  Tlio  ri'-nlullimii  worr  ri'iicirtcil  by  John  Tiiylor,  of  i^hm- 
hiiA  Mr  Mmllsiin,  li»wo\i'r,  wiis  mIwiuh  rciniti'd  In  l)o  tliclr 
nullicr,  iin.l  In  n  K'llrr  In  Mr.  .liiiii.H  INiliorlMnii,  wrilliii  In 
M.irili.  KM.  Ik-  ili>tliirtly  «viiw«  It.  lli-  wnn  Imlli  tlic  mitlior 
Mil  r«)H)rtor  of  tliu  Uutiurt  aiiil  lii>«oUiUon  of  tT98-l!K)0. 


only  for  (he  vindica(ion  of  i\hidiNou  mid  his  com- 
jK-ers,  from  tho  doctrine  of  .Nullilication,  hu(  I'f 
argiiniont  and  roasotm  against  Niillificiilion  and 
every  kindred  MiiggeHtion. 

From  the  letter  (o  Mr.  Kverctt,  piihlished  in 
tho  North  American  Hoview,  shortly  aller  it 
was  wri(toii  (August,  IHIIO),  tho  following  ox- 
trac(H  are  lukon: 

"  It  ((ho  constitution  of  tlio  United  Stati's)w(iH 
formed  hy  (he, States,  that  is,  hy  tho  |N'ople  in 
each  of  the  States,  noting  in  their  liighest.  sove- 
reign capacity  ;  and  formed  coiisopiontly  hy  (ho 
same  aiiihority  which  formed  tho  StiiliMton.^ti- 
tiitioiiH. 

"  Heiiig  thus  derived  from  the  same  Koiirco  tm 
the  constitutions  of  tho  Stati-s,  it  has,  within 
eiich  Sdito,  the  snme  authority  as  the  constitution 
of  (he  S(a(o,  and  is  as  much  a  const ilii( ion  in  (ho 
strict  Kciise  of  (he  hi  in  widiin  i(s  presciihed 
Hpheri',  as  tho  constididons  of  (he  .S(ii(es  iiro 
within  their  res|M'c(ive  spheres;  hnt  wi(li  this 
ohvioiiH  and  e.s.sential  diirerence,  (hat  heiiig  a 
compact  among  tho  S(ales  in  their  highoHt 
Bovoroigii  capaeity,  and  cons(i(u(ing  (he  iwoplo 
(hereof  one  {M-oploCorceHiiiii  purposes,  itoaiinot 
he  aKorod  or  annullod  at  (ho  will  (>f  the  States 
individually,  as  (he  constitution  of  a  Stiue  iiiiiy 
Im'  at  its  individual  will." 

"  Nor  is  (he  gov«-riimeiitof  tho  United  S(.a(oH, 
cn'n(«'d  hy  (ho  constitution,  loss  a  government, 
in  tho  strict  .souse  of  (he  (orm,  within  the  ;)hi'ri' 
of  i(s  powers,  (hiiii  tin-  govoriimenis  created  hy 
(ho  coiis(itii(ions  of  (ho  Sla(es  are,  within  their 
several  spheii's.  It  is  like  (hem  organi/'  d  into 
legislative,  exn  iitive  and  jiidioinry  ilopariments. 
It  (iporati'S,  like  (hem,  direi-dy  on  [M-rsoiK  and 
(liings.  And,  like  (hem,  i(  has  at  comiiiuiid  iv 
physical  fon-o  for  executing  tho  jHiwcrs  com- 
mitted to  it. 

"  lli'lween  these  ditli'reiit  conHtitiition  •■•o- 
veriimen(s,  (ho  one  oiKiiidng  in  ail  tho  tc^, 
(ho  odiers  o|(eiatiugsepani(ely  in  each,  w  dio 
aggregido  powers  of  giivernment  divided  l.  vion 
liieiii.  it  could  not  e,s<-a|H>  attontion,  that  it.ro- 
vorsies  would  arise  concerning  the  hoiiniiaricH 
of  jurisdiction." 

'That  to  have  left  a  linal  decisioi  siicli 
oa.so.s,  to  each  of  tho  StatoH,  could  n  tail  to 
make  tho  coiistitiilion  and  lawH  of  ii.  I  nited 
States  ditloront  in  diflerent  .States,  v  ,>  .l)vious, 
and  not  loss  ohvioiis  that  this  divorsuy  of  indi- 
pondoiit  decisions,  must  altogether  distract  tin 
govornmoiit  of  tho  I'liion,  and  H|)ocdily  put  twi 
end  to  tho  Union  ilRoll." 

"To  havo  iniido  tho  decision  under  the  au- 
thority of  the  individual  .Statos,  co-ordinato  in 
all  oases,  with  decisions  under  tho  authority  of 
tho  Uiiitod  .States,  would  iinavoidahly  produce 
oollisionei  incompatihie  with  tlio  (ma.':  "f  so- 
ciety." 

"To  have  referred  every  clashinp;  decision, 
under  tho  two  authorities,  for  a  iinal  dociHion,  to 


^r 


M 


356 


THIRTT  YEARS'  VIEW. 


i?r 


m 

-J 


*  * 


tho  States  as  parties  to  the  constitution,  would 
his  attended  with  delays,  with  inconveniences 
and  expenses,  amounting  to  a  prohibition  of 
the  expedient." 

'-  To  have  trusted  to  '  negotiation '  for  adjust- 
hig  disputes  between  the  government  of  the 
United  States  and  the  State  governments,  as 
between  independent  and  separate  sovereignties, 
would  have  lost  sight  altogether  of  a  constitu- 
tion and  government  of  the  Union,  and  opened 
a  direct  road,  from  a  failure  of  that  resort,  to  the 
ultima  ratiu^  Ijetween  nations  wholly  indepen- 
dent of,  and  alien  to  each  other 

Although  the  issue  of  negotiation  might  somc- 
tinics  avoid  this  extremity,  how  often  would  it 
happen  among  so  many  States,  that  an  unnc- 
coninioduting  spirit  in  some  would  render  that 
ivtiource  unavailing  ?  " 

After  thus  stating,  with  other  powerful  rea- 
sons, why  all  those  fanciful  and  impracticable 
theories  were  rejected  in  tlie  constitution,  tlie 
lctt<?r  proceeds  to  show  what  the  constitution 
does  adopt  and  rely  on,  "  as  a  security  of  the 
rights  and  |)owers  of  the  States,"  namely : 

"1.  The  respoasibility  of  the  senators  and 
representatives  in  the  legislature  of  the  United 
StJites  to  the  legislatures  and  people  of  the 
States :  2.  'I'lie  responsibility  of  the  President 
to  the  people  of  the  United  States  ;  and,  3.  The 
liability  of  the  executive  and  judicial  function- 
aries (if  the  Uniteil  States  to  impeachment  by 
the  representatives  of  the  people  of  the  States 
in  one  bnuieli  of  the  legislature  of  the  United 
States,  and  trial  by  the  repi-esentatives  of  the 
States,  in  the  other  branch." 

And  then,  in  order  to  mark  how  complete 
these  provisions  are  for  the  security  of  the 
States,  shows  that  while  the  States  thus  hold 
the  functionaries  of  the  United  States  to  these 
several  responsibilities,  the  State  functiona- 
ries, un  the  other  hand,  in  their  appointment 
and  resitonsibility,  are  "altogether  indepen- 
dent of  tiic  agency  or  authority  of  the  United 
States." 

Of  the  doctrine  of  nullification,  "the  expedient 
lately  advanced,"  the  letter  says  : 

"  The  distinguished  names  and  high  authorities 
which  appear  to  have  asserted  and  given  a  prac- 
tical scope  to  this  doctrine,  entitle  ii  to  a  resjHct 
which  it  might  be  difilcult  otherwise  to  fuel 
for  it." 

■'  The  resolutions  of  Virginia,  as  vindicated  in 
the  report  on  them,  will  he  foimil  entitled  to  an 
exposition,  showing  a  consistency  in  their  parts, 
and  an  inconsistency  of  the  whole  with  the 
doctrine  under  consideration." 

'•  That  tho  legislature  could  not  have  intend- 
ed to  sanction  any  such  doctrine  is  to  be  infer- 


red from  the  debates  in  the  House  of  Delegates. 
The  tenor  of  the  debates,  which  were  ably  con- 
ducted, discloses  no  reference  wlwtcver  to  a 
constitutional  right  in  an  individual  State  to  ar- 
rest by  force  a  law  of  the  United  States." 

"If  any  further  light  on  the  subject  could  be 
needed,  a  very  strong  one  is  reflected  in  the  an- 
swers to  the  resolutions,  by  the  States  which 

protested  against  them Had  the 

resolutions  been  regarded  as  avowing  and  main- 
taining a  right,  in  an  individual  State,  to  arrest 
by  force  the  execution  of  a  law  of  the  TTnited 
States,  it  must  be  presumed  that  it  would  have 
been  a  conspicuous  object  of  their  denuncia- 
tion." 

In  a  letter  to  Mr.  Joseph  C.  Cabell,  May  31, 
1830,  Mr.  Madison  says : 

"I  received  yesterday  yours  of  the  2f)th. 
Having  never  concealed  my  opinions  of  the  nul- 
lifying doctrines  of  South  Carolina,  I  did  not 
regard  the  allusion  to  it  in  the  Whip,  especially 
as  the  manner  of  the  allusion  showed  that  I  did 

not  obtrude  it I   have  latterly 

been  drawn  into  a  correspondence  with  nn  m- 
vocate  of  the  d<Ktrinc,  which  led  me  to  a  review 
of  it  to  some  extent,  and  particularly  to  a  vin- 
dication of  the  proceedings  of  Virginia  in  1708, 
'99,  against  the  misuse  made  of  them.  Tlmt 
you  may  see  the  views  I  have  taken  of  the  aber- 
rations of  South  Carolina,  I  enclose  you  an  ex- 
tract." 

And  in  a  letter  to  Mr.  Daniel  Webster,  writ- 
ten a  few  days  previously,  he  uses  nearly  the 
same  language  ;  as  also  in  a  letter  in  February, 
1830,  to  Mr.  Trist. 

To  Mr.  James  Robertson,  March  27,  1831, 
Mr.  Madison  writes  as  follows  : 

"  The  veil  which  was  orignally  over  the  draft 
of  the  resolutions  offered  in  1798  to  the  Viiginiu 
Assembly  having  been  long  since  removed,  I 
may  say,  in  answer  to  your  inquiries,  that  it 
was  penned  by  me." 

"With  resja-ct  to  the  tenns  following  the 
term  'unconstitutional,'  viz.,  'not  law,  but  null, 
void,  and  of  no  foree  or  efl'ect,'  which  wvtv 
stricken  out  of  the  seventh  resolution,  my 
memory  cannot  .say  positively  whether  tliiy 
were  or  were  not  in  the  original  draft,  and  no 
copy  of  it  appears  to  have  been  retaiiieti.  On 
the  piesinnption  tliat  tliey  were  in  the  dnift  as 
it  went  from  nie,  I  am  confident  that  they  iiiii>t 
have  been  regarded  only  as  giving  aceun:ulatcd 
emphasis  to  the  <Iecluration,  that  the  alien  wiA 
sedition  acts  had,  in  the  o|)inion  of  the  iissiiii- 
bly.  violated  the  constituti<m  of  the  liiited 
States,  and  not  that  the  addition  of  them  coiiM 
annul  the  acts  or  sanction  a  resistance  of  tli(  ni, 
The  resolution  was  expressly  ilerlunitdry,  awl, 
proceeding  from  the  legislature  only,  which  was 
not  even  a  party  to  the  constitution,  could  bo 
declaratory  of  opinion  only." 


JteaJte. 


ANNO  1833.     ANDREW  JACKSON.  PRESIDENT. 


357 


of  Delegates. 
icTc  ably  con- 
fhatcver  to  a 
b1  SUte  to  ar- 
SUtcs."  I 

bject  could  be 
cted  in  the  an- 

States  which 

.     Had  the 

ving  and  main- 

Stato,  to  arrcht 

of  the  TTnitod 
t  it  would  have 
their  denuncia- 

Cabell,  May  31, 

PR  of  the  2f)th. 
nions  of  the  nul- 
rolina,  I  did  not 
H/ify,  eHpecially 
howed  that  1  did 

1  have  lattorlv 
L-nce  with  an  n<l- 
.>d  me  to  a  rcviow 
ticnlarly  to  a  vin- 

Virpinia  in  1"''H, 
e  of  thein.  That 
taken  of  the  abir- 
jnclose  you  an  ex- 

kicl  Webster,  writ- 
upes  nearly  the 
utter  in  Febniary, 

,  March  27,  1831, 

s : 

lally  over  the  draft 
7'.)8  to  the  Viifriniik 
since  removed,  I 
in<iviirie8,  ihul  it 

rins   following  tl\e 
•  not  law,  but  null, 
pttect,'   whidi   were 
th    resobition,  my 
fclv   whether  tiny 
ijriiial  draft,  and  no 
Urn  reiuined.    On 
were  in  the  dnilt  «« 
lent  that  tliey  n>u>t 
■irivinir  accuninlatiil 
that  the  alien  i.nd 
,inion  of  the  asseui- 
ion  of    the    IniUM 
(lition  of  them  ouM 
ft  resistanw  of  tln'"- 
^y  dechi'dtory.  mvI 
W  only,  which  «!;; 
mstitution,  could  W 


To  Joseph  C.  Cabell,  Sept.  16,  1831 : 

"  I  congratulate  you  on  the  event  which  rc- 
etorcH  you  to  the  public  councils,  where  your 
services  will  bo  vahiablo,  particularly  in  defend- 
ing the  constitution  and  Union  agiainst  the  false 
doctrines  which  assail  them.  That  of  nullifica- 
tion Heems  to  be  gener..'.ly  abandoned  in  Vir- 
ginia, by  those  who  had  most  leaning  towanis 
it.  itut  it  still  flourishes  in  the  hot-bed  where 
it  sprung  u[)." 

"  1  know  not  whence  the  idea  could  proceed 
that  I  concurred  in  the  doctrine,  that  although 
a  State  could  not  nullify  a  law  uf  the  Union,  it 
had  a  right  to  secede  fioin  the  Union.  Both 
spring  from  tho  same  |)oisonou8  root." 

To  Mr.  N.  P.  Trist,  December,  1831 : 

*  I  cannot  sec  the  advantage  of  this  jwrse- 
verance  of  South  Carolina  in  claiming  the  au- 
thority of  the  Virginia  proceedings  in  1798,  '95), 
as  asserting  a  right  in  a  single  State  to  nullify 
an  act  of  the  U  nited  States.  Where,  indeed,  is 
the  fairness  of  attempting  to  palm  on  Virginia 
an  intention  which  is  contradicted  by  such  a 
variety  of  contradictory  proctfs ;  which  has  at 
no  intervening  |ieriod,  received  the  slightest 
countenance  from  her,  and  which  with  one  voice 
she  now  <lisclainiK  ?" 

"To  view  the  doctrine  in  its  true  characte 
it  must  Ik>  n-collected  that  it  asserts  a  right  in  a 
single  State  to  stoj)  the  execution  of  a  federal 
law,  until  a  convention  of  the  States  could  be 
brought  about  by  a  process  requiring  an  uncer- 
tain time  ;  and,  finally,  in  the  convention,  when 
fdinied,  a  vote  of  seven  States,  if  in  favor  of  the 
veto,  to  give  it  a  prevalence  over  the  vast  ma- 
jority of  seventeen  States.  For  this  |ir<'poK- 
teti>us  and  anarchical  pretension  there  is  not  u 
shadow  of  countenance  in  the  constitution  ;  and 
well  that  there  "s  not,  for  it  is  ct^rtAin  that,  with 
sueh  a  deadly  poison  in  it,  no  uuiwtitution  could 
be  sure  of  lasting  a  year." 

To  Mr.  C.  E.  Ilaynes,  Augiwt  20   1832: 

"  In  the  very  crippled  and  feeble  state  of  my 
health,  1  cannot  undertake  an  extend***!  answer  to 
your  inquiries,  nor  should  I  suppose  it  ne<«ssary 
if  you  have  8«'en  my  letter  to  Mr.  Everett,  in 
Aiifjiist,  18U0,  in  which  the  proceedings  of  Vir- 
ginia, in  17'.*8-".)9,  were  explained,  ami  the  novel 
ditotrinc  of  nullillcution  adverted  to. 

'The  distinction  is  obvious  lietwcen  such 
interpositions  on  the  pi'.rt  of  the  States  against 
unjn!«tiliable  acts  of  the  federal  government  as 
arc  within  the  provisions  and  forms  of  the  con- 
stitution. These  provisions  nnd  forms  certainly 
do  not  embrace  tho  nullifying  process  pri>- 
<iaiined  in  South  Carolina  which  l>egins  with  u 
sinjilo  State,  and  ends  witn  the  ascendency  of  u 
minority  of  SUites  over  ii  majority ;  of  seven 
over  seventeen  ;  a  federal  law,  during  the  pro- 
ci'ss,  Iwing  arrested  within  the  nullifying  State  ; 
anil,  if  a  revenue  law,  frustrated  through  all  the 
.Suik'S." 


To  Mr.  Trist,  December  23, 1832: 

"If  one  State  can.  at  will,  withdraw  from  the 
others,  the  others  can,  at  will,  withdraw  from 
her.  and  turn  her  imlentfin  vnlentnn  out  of  the 
Union.  Until  of  \iiU\  there  is  not  a  State  that 
would  have  abhorred  such  a  doctrine  more  than 
South  Carolina,  or  more  dreaded  an  application 
of  it  to  herself.  The  same  may  be  said  of  the 
doctrine  of  nullification  which  she  now  preaches  us 
tho  only  faith  by  which  the  Union  can  bo  Raved." 

In  a  letter  to  Mr.  Joseph  C.  Cabell,  December 
28,  1832 : 

"  It  is  not  probable  that  (in  the  adoption  of 
the  resolutions  of  1798),  such  an  idea  as  tho 
South  Carolina  nullification  had  ever  entered 
the  thoughts  of  a  single  member,  or  even  that 
of  a  citizen  of  South  Carolina  herself." 

To  Andrew  Stevenson,  February  4,  1833  : 

"  I  have  received  >onr  comnuinieation  of  tho 
2*.)th  ultimo,  and  have  read  it  with  much  plea- 
sure. It  presents  the  doctrine  of  millitication 
and  se(x-.s.sion  in  lights  that  must  confound,  if 
failing  to  convince  their  patron.s.  You  have 
done  well  in  rescuing  the  proceedings  of  Vir- 
ginia in  1798-99,  from  tht  many  misconstruc- 
tions and  misa[)pIieations  of  th«*rn." 

'•  Of  late,  attempts  are  ol)s  rvc'  im  shelter  tho 
heresy  of  .xece.ssion  iinilerthe  .  im  ■  •'  xjmtriation, 
from  which  it  essentially  diH'ei*.  The  expatria- 
ting party  removes  only  his  j-eison  and  his  mov- 
able projierty,  and  dws  not  incommode  those 
M^itom  he  lejives.  A  seci-ding  State  nuitilatea 
the  domain,  and  disturbs  the  whole  .>iy.stem  from 
which  it  Si-parates  it.self.  Pushed  to  the  extent 
in  which  tin-  light  is  sometimes  asscrteti,  it 
might  break  into  fragments  every  s'ligle  com- 
munity." 

To  Mr.  Stevenson.  February  10,  1833,  in  refer- 
ence to  the  South  Carolina  nullifying  ordinance: 

"  I  consider  a  succiHsfiil  resistance  to  the  laws 

as  now  attempted,  it   not  immediately   mortal 

;  to  the  Union,  as  at  least  a  mortal  wound  to  it." 

I     To  "  a  Friend  of  the  Uuion  aud  State  rights." 
I  1833: 

I      '•  It  is  not  usual  to  answer  commnnirations 
without  pro{>er  names  to  them.     But  the  ability 
I  and  motives  disclosed  in  the  e.s.says  induce  me 
!  to  say,  in  compliance  with  the  wi.sh  expressed, 
i  that  I  (h)  not  consider  the  proceedings  of  Vir- 
'  ginia,  in  1798-'t>9,  as  countenancing  the  doctrine 
that  a  Statu  may,  at  will,  .secede  from   its  con- 
stitutional compact  with  the  other  Slates." 

To  Mr.  Jo.seph  C.  CaUII,  April  1,  18;'.3  : 

"The  attempt  to  prove  me  a  nullifier,  by  a 
misconstruction  of  the  resolutions  of  1798-'U9, 


I 


I  ill 


m 


i 


ill 


358 


THIRTY  YEARS*  VIEW. 


;     till  15 


I  ' '  -i  '•■      SI 


'    (   V 


th<ivi>;li  so  often  and  so  Inti-Iy  corroctcd,  wuh,  1 
olitiTvi',  icnowe<l  Home  days  apf)  in  the  '  Uich- 
nioiiil  Whig,'  \ty  an  infcrencf  from  an  craniirc 
in  tlw  llouM!  of  Di'U'pntfs  from  one  of  those 
resolutions,  of  tlie  words  'are  null,  void  and  of 
no  effect,'  which  followed  tlie  word  'unconsti- 
tutional.' These  words,  though  synonymoui! 
with  '  unconstitutional,'  were  alleged  by  the 
critic  to  mean  nuUitication  ;  and  being,  of  course, 
ascribed  to  mc,  I  was,  of  course,  a  niilliiler.  It 
seems  not  to  have  occurred,  tliat  if  the  insertion 
of  tht!  words  coulil  convict  me  of  being  n  nulli- 
fler.  th'J  era.s«re  of  them  (unanimous,  3  believe), 
jy  tlie  legislatuii',  was  the  strongest  of  prntests 

ogjiiust  the  d(K'trine The  vote,  in 

tliut  case  seems  not  to  liaveengaged  the  attention 
due  to  it.  It  not  nierelv  deprives  South  Caro- 
lina of  the  authority  of  Vii-gmia,  on  which  she 
has  relied  an«l  exulted  so  nnich  in  support  of 
lier  cause,  but  turns  that  authority  |x)intedly 
against  her." 

From  a  memorandum  ''On  Nullification," 
written  in  1835-';U>: 

"  Although  the  legislature  of  Virginia  declared, 
nt  a  late  session,  almost  unanimou.sly,  that  South 
t'arolinn  was  not  supported  in  her  doctrine  of 
nuUitication  by  the  resolutions  of  171)8,  it  ap- 
l>oarH  that  those  n'solutions  are  still  appealed 
to  as  expressly  or  constructively  favoring  the 
dwtrino ' 

••  And  wiiat  is  the  text  in  the  proceedings  of 
Virginia  which  this  spurious  doctrine  of  nullill- 
i-.'ition  claims  for  its  patronage  ?  It  is  found  in 
the  third  vftUe  resolutions  of  171I8." 

••  Now  is  there  any  thing  heiv  from  which  a 
'  single '  State  can  infer  ;  right  to  arrest  or 
annul  un  act  of  the  genoi  (i  government,  which 
it  may  deem  unconstitutioi.a'  f  So  far  from  it, 
that  the  obvious  and  proper  inference  precludes 
Kuch  a  right." 

'■  In  a  word,  the  millifying  cloims,  if  induced 
to  pnu-'tice,  instead  of  Injing  the  conservative 
principle  of  the  constitution,  would  neces.sarily, 
and  it  may  bo  said,  obviously,  bo  a  lieadly 
poison." 

'  The  true  question,  therefore,  is,  whether 
there  be  a  '  constitution  '.1 '  right  in  a  single  SUite 
to  nullify  a  law  of  the  l'.  nited  States  ?  We  have 
seen  the  absurdity  of  such  u  claim,  in  its  naked 
and  suicidal  form.  Let  us  turn  to  it,  as  moditied 
by  South  Carolina,  into  a  right  in  every  State 
to  Insist  within  itself  the  execution  of  a  federal 
law,  deemed  by  it  to  be  unconstitutional,  and  to 
demand  a  convention  of  the  States  to  decide  the 
question  of  constitutionality,  the  annulment  of 
the  law  to  continue  in  the  mean  time,  and  to  be 
j)ermanent  unless  three  fourths  of  the  States 
coiiciu-  in  overruling  the  annulment. 

"  Thus,  during  the  temporary  nulliflcati(m  of 
the  law,  the  results  would  l»e  tiie  same  as  those 
proci'iMliiig  from  an  un(|ualitie<l  nulliiicatiun,  and 
the  result  t  f  a  convention  might  be  that  se\iM\ 
out  of  twenty -four  States  might  make  the  tem- 


iMirary  results  permanent.  It  follows,  that  any 
.State  which  could  olitain  the  concurrence  of  six 
others,  might  abrogate  any  law  of  the  I 'nited 
States  whatever,  and  give  ti>  the  constitution, 
constnictively,  any  sha|M>  they  plea.seil,  in  oppo- 
sition to  the  construction  and  will  of  the  other 
seventwn.*  Every  feature  of  the  constitution 
might  thus  Ih>  successively  changed  ;  and  after 
a  scene  of  unexampled  confusion  and  distraction, 
what  had  lH>en  unanimously  agreed  to  as  a 
whole,  would  not,  as  a  whole,  be  agreed  to  by  a 
wingle  party." 

To  this  graphic  picture  of  the  disorders  which 
even  the  first  stages  of  millitiration  would  neces- 
sarily pro«luce,  drawn  when  the  graphic  limiur 
was  in  the  eighty -sixth  and  last  ye.ir  of  his  life, 
the  following  warning  jwiges,  written  only  a  few 
months  earlier,  may  be  properly  api>ended : 

"  vVh.\t  more  dangerous  than  nullification,  or 
more  evi<>'ent  than  the  progress  it  continues  to 
make,  citlier  in  its  original  8ha|ie  or  in  the  dis- 
gtiLses  it  fiBsumes  ?  Nullification  ims  the  eflVct 
of  putting  powder  under  the  constitution  ami 
Union,  and  a  match  in  the  hand  of  every  party 
to  blow  them  up,  at  pleasure.  And  for  its  pro- 
gress, hearken  to  the  tone  in  which  it  is  now 
preached ;  cast  your  eyes  on  its  increatsing  mi- 
norities in  most  of  the  Southern  States,  witlmut 
a  decrease  in  any  one  of  them.  Look  at  Vir- 
ginia herself,  and  read  in  the  gazettes,  and  in 
the  proceedings  of  popular  meetings,  the  figure 
which  the  anarchical  principle  now  makes,  in 
contrast  with  the  scouting  reception  given  to  it 
but  n  short  time  ago. 

"It  is  not  probable  that  this  offspring  of  the 
discontents  of  South  Carolina  will  ever  approach 
success  in  a  majority  of  the  States.  But  a  sus- 
ceptibility of  the  contagion  in  the  Sontheni 
States  is  visible  ;  and  the  danger  not  to  be  con- 
cealed, that  the  sympathy  arising  from  known 
cause.s,  and  the  inciilcated  ii'ipression  of  u  per- 
manent incompatibility  of  inteivsts  between  the 
South  and  the  North,  may  put  it  in  the  power 
of  popular  leaders,  aspiring  to  the  highest  sta- 
tions, to  unite  the  South,  on  some  critical  occa- 
sion, in  a  course  that  will  end  in  creating  a  new 
theatre  of  great  though  inferior  extent.  In 
pursuing;  this  course,  the  first  and  most  obvious 
step  is  nullification,  the  next,  secession,  and  the 
last,  a  farewell  separation.  How  near  has  this 
course  been  lately  exemplilied  !  and  the  danger 
of  its  recurix'nce,  in  the  same  or  some  other 
^^uarter,  may  Ikj  increased  by  an  increase  of  rest- 
less aspirants,  and  by  the  increasing  impructi- 

•  Ttic  »boTe  wa«  written  when  Uio  number  i>f  tlic  Stiiles  wm 
twi'iity  fciiir.  Now,  wln-n  lluTi-  «ru  tlilrty-oni'  Slates,  tin'  lir* 
|Hirliiiii  woiiM  bi<  eight  (*>  tiinilij-thief  ',  tlint  1^  tliiit  11  >iii'.:!'i 
Stiitu  iiiillirtInK,  til  I'  '"llU'ntlun  wcmlil  liolil  kihh)  till  u  vm\- 
vi'iitUiu  niTii  vulli'ii,  ml. I  then  If  tli>'  niillilyiiiK  ^tiiti'  cmilil 
liriiviiru  Mtveii  otlicrx  to  Join,  tliu  iiiillilliailmi  woiiM  lit'cume 
kbauluUi— tlio  utglil  SIaU'S  uvurrulliig  Hit'  twiiity-tliruo. 


ANNO  1838.    ANDREW  JACKSON,  PRESIDENT. 


359 


Hows,  that  any 
currcnci.'  of  six 
of  the  Initcd 
ic  constitution, 
tleoseil,  in  oppo- 
{\\\  of  tiie  other 
;he  constitution 
jjjeij ;  ond  »fler 
I  nntl  distraction, 
iigrcetl  to  as  a 
<,  oga'cd  to  by  a 


.  disorders  which 
Lioi»  wouhl  nices- 
le  prajihic  limner 
it  yeiir  of  his  life, 
rritten  only  a  few 
ly  apl)ended : 

n  nullification,  or 
S8  it  continues  to 
ixym  or  in  the  <lis- 
tion  Ims  the  ftUcl 
I  constitution  nntl 
nd  of  every  party 
And  for  it*  pro- 
n  which  it  is  »"W 

its  incrciisinn  mi- 
frn  States,  without 
icm.  Look  at  Vir- 
iie  pazettcH,  and  in 
uectinRS,  the  lipiro 
pic  now  makes,  in 

•ception  given  to  it 

lis  oflsprinp  of  the 
will  ever  approacli 
ISUtcs.    But  a  sus- 
li  in  the  Southern 
npcr  not  to  be  coii- 
Irisini;  from  known 
hpivssion  of  a  pi'i"- 
teit'sts  between  the 
put  it  in  the  power 
to  the  highest  t=ta- 
,  some  critical  occa- 
id  in  creating  a  new 
iifcrior  extent.     1" 
St  and  most  obvious 
t,  Becession,  and  the 
How  near  has  this 
lied !  and  the  diiujier 
ame  or  Kome  o\.\\i;t 
y  an  increaee  of  rest- 
[incrcasing  impracti- 

|tlilrl>-<.m'!*lul<'»,  ll..'I'f'- 

111,..  mimiyii«t5  S*"»''  '^""''' 
liiji  till-  twuuj-lhrtfo. 


cability  of  retaining  in  tho  Union  a  large  ami 
conientetl  fcct'on  against  its  will.  It  may,  in- 
deed, hap|M>n,  that  n  return  of  danger  from 
abroad,  or  a  revived  apprehension  of  danger  at 
home,  may  aid  in  binding  the  States  in  on"  |>oli- 
ticul  system,  or  that  the  geographical  and  com- 
niercial  ligatun-s  may  have  that  etloct,  or  that 
the  pix'sent  discord  of  interests  between  the 
N»)rth  and  the  Soutli  may  give  way  to  a  less 
diversity  in  the  application  of  labor,  or  to  the 
mutual  advantage  of  a  safe  and  constant  inter- 
change of  the  different  pro<lucts  of  labor  in  dif- 
ferent sections.  All  this  may  happen,  and  with 
the  exception  of  foix-ign  hostility,  hojH-d  fur. 
liiit,  in  the  mean  time,  local  prejudices  and  am- 
bitious leaders  may  lie  but  too  successful  in 
linding  or  creating  occasions  for  the  nullifying 
c.\iMMiincnt  of  breaking  a  more  beautifid  Chiiui 
viise*  than  the  British  empire  ever  was,  into 
jiarts  which  a  miracle  only  could  reunite." 

Incidentally,  Mr.  Madison,  in  these  letters, 
vindicates  also  his  compeers,  Mr.  Jefferson  and 
.Mr.  Monroe.  In  the  letter  to  Mr.  Cabell,  of 
.May  31,  1830,  he  says: 

'•  You  will  Bee,  in  vol.  iii.,  page  429,  of  Mr. 
.lelferson's  Correspondence,  a  letter  to  W.  ('. 
Nicholas,  proving  that  he  had  nothing  to  do  with 
the  Kentucky  resolutions,  of  170U,  in  which  the 
word  '  nuUitication '  is  found.  The  resolutions 
of  that  State,  in  1798,  which  were  drawn  by 
him,  and  have  been  republished  with  the  pro- 
ceedings of  Virginia,  do  not  contain  tliis  or  aii^ 
ttiuivalent  wonl." 

In  the  letter  to  Mr.  Trist,  of  December,  1831, 
iilUr  devilo(»ing  at  some  length  the  inconsisten- 
cies and  fatuity  of  the  "  nullification  preroga- 
tive," Mr.  Madison  says : 

"  Yet  this  has  bi  >ldly  sought  a  sanction,  under 
the  name  of  Mr.  Jefferson,  because,  in  his  letter 
tu  Mr.  Cartwright,  he  held  out  a  convention  of 
the  States  as,  with  us,  a  peaceful  remedy,  in 
casi'S  to  be  decided  in  KuroiH.'  by  intestine  wars. 
Who  can  believe  that  Mr.  Jeflerson  referred  to 
a  convention  summoned  at  the  ))leasure  of  a 
HJngle  State,  with  an  interregnum  during  its  de- 
liberations;  and,  above  all,  with  a  rule  of  deci- 
sion subjecting  nearly  three  fourths  to  one 
fourth  ?  No  man's  creed  was  more  opposed  to 
Buch  an  inversion  of  the  republican  order  of 
things." 

In  a  letter  to  Mr.  Townscnd  of  South  Caro- 
lina, December  18,  1831 : 

"  You  ask  '  whether  Mr.  Jefferson  wa.s  really 
the  author  of  the  Kentucky  resolutions,  of 
riKt; '  [in  which  the  word  'nullify'  is  u.sed, 
though  not  in  the  sense  of  South  Caroli.ia  nul- 
litication.]    The  inference  that  he  was  not  is 

*  See  Kranklin's  letter  tu  Lord  lluwe,  In  ITTO. 


as  conclusive  as  it  is  obvious,  from  his  letter  to 
t-ol.  Wilson  Cary  Nicholas,  of  September  5, 
179',),  ill  which  he  exi)ressly  declines,  for  reasons 
statetl,  preparing  any  thing  for  the  legislature 
of  that  year. 

"  That  he  (-Mr.  Jefferson)  ever  asserted  a 
right  in  a  single  State  to  anvst  the  execution 
of  an  net  of  Congrtiss — the  urivst  to  bo  valid 
and  |)ermanent,  unless  ii^vei-sed  by  three  fourths 
of  the  States — is  countenanced  by  nothing  known 
to  have  been  said  or  done  by  him.  In  his  letter 
to  Major  Cartwright,  he  refers  to  a  convention 
as  a  |)eix-cable  remedy  for  conflicting  claims  of 
l>ower  in  our  compound  government ;  but, 
whether  he  alluded  to  a  convention  as  prescribc«i 
by  the  constitution,  or  brought  about  by  any 
other  mode,  his  resjH'ct  for  the  will  of  nmjori- 
ties,  as  the  vital  principle  of  republican  govern- 
ment, nuikes  it  certain  that  he  could  not  have 
meant  a  convenlion  in  which  a  minority  of  seven 
States  was  to  prevail  over  seventeen,  either  in 
amending  or  exiwunding  the  constitution." 

In  the  letter  (l)ofore  quoted)  to  Mr.  Trist,  Dc- 
ceml)er23,  1832: 

"  It  is  remarkable  how  closely  the  nullificni, 
who  make  the  name  of  Mr.  Jeflerson  the  [K;de.s- 
tal  for  their  colossal  heresy,  shut  their  eyes 
and  lips  whenever  his  authority  is  ever  so  clearly 
and  emphatically  against  them.  You  have  no- 
ticed wliat  he  says  in  his  letters  to  Monroe  and 
Carrington,  pages  43  ami  3l)2,  vol.  ii.,  with  n- 
siK-ct  to  the  jwwers  of  the  old  Congress  to  c(H'rce 
delimiuent  Suites,  and  his  reasons  for  preferring 
for  the  purpose  a  naval  to  a  military  force  ;  and, 
moreover,  that  it  was  not  necessary  to  find  a 
right  to  coerce  in  the  federal  articles,  that  being 
inherent  in  the  uiiture  of  a  compact." 

In  another  letter  to  Mr.  Trist,  dated  August 
25,  1834 : 

"  The  letter  from  Mr.  Monroe  to  Mr.  JefTer- 
son,  of  which  you  inclose  an  extract,  is  im|N)r- 
taiit.  I  have  one  from  Mr.  Monroe,  on  the  same 
occasion,  more  in  detail,  and  not  less  emphatic 
in  its  anti-nullifying  language." 

In  the  notes  "Oa  Nullification,"  written  in 
1835-'6: 

"  The  amount  of  this  moilificd  right  of  nulli- 
flcati«>n  is,  that  a  single  State  may  arrest  the 
operation  of  a  law  of  the  United  States,  and  in- 
stitute a  process  which  is  to  terminate  in  the 
ascendency  of  a  minority  over  a  large  majority. 
And  this  new-fangled  theory  is  attempted  to  be 
fathered  on  Mr.  Jeflerson,  the  apostle  of  repub- 
licanism, and  whose  own  words  declare,  that 
'  acquiescence  in  the  decision  of  the  majority  is 
the  vital  principle  of  it.'  Well  may  the  friends 
of  Mr.  .letl'erson  disclaim  any  sanction  to  it,  or 
to  any  constitutional  right  uf  nullification  from 
his  opinions." 


3G0 


Tllliav  YKARS'  VIEW. 


wm 


In  a  paper  drawn  l>y  Mr.  Madlxim,  in  Sfjifcnt- 
bcr.  1821),  when  liii*  unxietioK  Ixpiii  tirst  to  Ik> 
diHturbcd  by  tho  portrntoiiH  appnmch  <>{'  the 
tiulliflration  doctriiio,  lu-  ronoltides  with  this 
varnorit  admonitiun,  appropi  iiitc  to  the  time 
M'hen  it  waH  writt«-M,  and  not  luMd  bo  tu  tho  pre- 
vnt  time,  and  to  posterity; 

"  'n  all  the  views  that  may  lie  taken  of  ipicH- 
tionH  netween  the  Statu  ffOvernuientH  and  the 
pent ral  t?overnn»ent,  the  awlid  conseiimnreM  of 
n  tinul  ruptnnt  an<i  dissolution  of  the  I  iiion 
flioiild  never  for  a  niotiu-nt  Im>  lost  sipht  of. 
Such  a  prosfuvt  niUHt  he  depreeiited — must  Ik- 
shuddered  at  by  every  friend  of  his  eoinitry,  to 
lilierty,  to  the  hiippiness  of  man.  For,  in  the 
event  of  a  disMolution  of  the  (nion,  nn  impos- 
siltility  of  ever  renewing;  it  is  lirinifrht  himie  to 
every  mind  by  the  difiiculties  encounti'ied  in  e»- 
tdilishinK  it.  The  propensity  of  all  conminni- 
lie-*  to  divide,  when  not  pressed  into  a  unity  hv 
i.\t<'ruul  dan^'ers,  ih  a  truth  well  iMidiistond. 
"  :,  re  i .  no  instance  of  a  jKople  iuhabiliiif;  even 
n  small  island,  if  remote  from  toi'ei);n  danger, 
uiid  .'^ometimcH  in  spite  of  that  piT>sure,  who 
uru  ntJt  divided  into  alien,  rival,  hostile  triiiis. 
The  hiippy  union  of  these  States  is  a  wonder; 
their  constitution  a  niiniele;  their  example  the 
ho|ie  of  liberty  throu^^hoMt  the  worlil.  Wo  to 
the  amiiilioii  that  would  meditate  the  destruc- 
tion of  either.' 

Those  extracts,  v(duminons  as  they  are,  nn- 
fiirfi'ome.'dmuHtini;  the  abundant  miiterial  which 
these  admirnble  writings  of  Mr.  .Ma<lison  contJiin, 
on  the  topic  of  tnillilication.  They  come  to  us, 
l\ir  our  admonition  and  (guidance,  with  the  so- 
lemnity of  a  voice  from  the  grave  ;  and  1  leave 
them,  without  comment,  to  be  pondered  in  the 
hearts  of  his  countrymen.  Notwilhstandinj; 
the  advanced  age  and  jjrowiiif;  bo*lily  inlirmitics 
of  Mr.  Madison,  at  the  time  when  the>e  letters 
wore  written,  his  mind  was  never  moi"e  vijrorous 
nor  more  luminous.  Ever}*  genen)us  mind  must 
sympathize  with  him,  in  this  necessity,  in  which 
he  felt  himself  in  his  extreme  aire,  and  whin 
done,  not  only  with  the  public  allair-s  of  the 
country,  but  nearly  done  with  all  the  aflairs  of 
the  world,  to  defend  himHclf  and  associates  from 
the  attempt  to  fasten  upon  him  and  them,  in 
Bpito  of  his  denials,  a  criminal  and  annrchicul 
design — wicked  in  itself,  and  subversive  of  the 
government  which  he  had  labortnl  so  hanl  to 
found,  and  utterly  destructive  to  that  jKirlicuIiu- 
feature  considerec'  ',he  crowning  merit  of  the 
constitution;  and  wliich  wise  men  and  patriotic 
ha<i  RjK'cially  devised  to  save  our  I'ninn  from 
the  fate  of  all  leagties.     We  synipulhiw?  with 


him  In  Huch  a  necessity.    We  should  feel  for 

any  man,  in   the  most  ordinary  case,  to  whoso 

wonis  a  criminal  intention  should  be  imputed 

in  <letiuncc  of  his  disclaimers  ;  but,  in  the  case 

of  .Mr.  .Madison — a  man  so  modest,  so  pure,  w) 

just— of  such  dignity  and  grsTity,  both  for  his 

age,  his  |iersonal  (pialities,  and  the  exalted  offices 

which  he  had  held  ;  and  in  a  ca.^o  which  went 

to  civil  war,  and  to  the  destruction  of  a  govetn- 

ment  of  which  he  was  one  of  the  roost  faithful 

and  /.calous  fouiKlers— in  such  a  care,  an  attempt 

to  force  upon  such  a  man  a  meaning  which  he 

!  disavows,  becomes   not   only  outrageous   and 

odious,  but  criminal  and  impious.     And  if,  after 

the  authentic  disclaimers  which  he  has  made  in 

I  his  advanced  a;^'e,  and  which  aio  now  publishctl, 

any  one  continues  to  attribute  this  heresy  to 

him,  such  a  person  must  be  viewed  by  the  pub- 

\  lie  us  having  a  mind  that  has  lost  its  balance  ! 

or,  as  having  a  heart  void  of  social  duty,  and 

fitnlly  bent  on  a  crime,  the  giiilt  of  which  mu«t 

,  be  thrown  upon   the   tenants  of  the   tomb — 

^  speechless,  but  not  helpless  !  for,  every  just  man 

'  must  feel  tlieir  cause  his  own  I  and  rush  ton 

'  flefence  which  public  duty,  private  honor,  patri- 

1  otisni,  filial  afTccHon,  and  gratitude  to  benefac- 

I  tors  impose  on  every  man  (born  wheresoever 

he  may  have  been)  that  enjoys  the  blessings  of 

tho  government  which  their  labors  gave  us. 


CHAPTER    LXXXIX. 

TlIK  AI'TJIOKS  OWN  VIEW  OK  TIIK  NATURK  OF 
»>ti:  COYKItNMKNT,  AS  HKINO  A  UNIO.N  I.N  CON- 
TliAIHSTI.SflloN  TO  A  I.KAdUK:  rilKSKNTKI) 
IN  A  slIlsKiilK.NT  ttl'KKCU  ON  MlSriOUlCI  KKsO- 
Ll.'TIONS. 

I  no  not  discuss  these  resolutions  at  this  time. 

That  discussion  is  no  part  of  my  present  object. 

I  sjH>ak  of  the  pledge  which  they  contain,  and 
j  call  it  a  mistake  ;  an<l  say,  that  whatever  may 

Is.'  llie  wishes  or  tlio  opinions  of  the  jjcople  of 
j  Missouri  on  the  subject  of  tho  extension  or  non- 

extention  of  slavery   to  tho  Territories,  tlicy 

bav<'  no  idea  of  resisting  any  act  of  Congri'ss  on 
'  llio  subject.    They  abide  the  law,  when  it  comi's, 

be  it  what  it  may,  subject  to  the  decision  of  the 

ballot-box  and  the  judiciary. 
\      I  concur  with  the  people  of  Missouri  in  this 
I  view  of  their  duty,  and  believe  it  to  be  tlu;  only 


A\SO  1888.     ANDREW  JACKSON,  PREaiDENT. 


361 


nhuultl  ficl  for 
CUM',  to  whoHc 
lid  lie  iiiii»iU'il 
jut,  in  U»«  »^>i^^' 
le»t,  Ko  pure,  t*o 
ity,  both  for  h'm 
[le  exalted  ofBccs 
case  which  went 
ion  of  a  Rovetn- 
he  roontfuithfvd 
k  ewe,  an  attempt 
waning  which  he 
outrancous   and 
U9.     And  if,  nfUr 
;h  he  has  made  in 
vj  now  published, 
to  this  herewy  to 
icwed  by  the  pub- 
lout  itH  balance! 
,f  social  duty,  and 
inlt  of  which  must 
ts   of  the   tomb— 
for,  every  just  man 
ffn  !  and  ruHh  t"  n 
rirate  honor,  patri- 
ntitudc  to  bemfttc- 
(born  whcrcBoeviT 
,yH  the  blessiuRS  of 
labors  gave  us. 


XXXIX. 

loK  TlIK  NATUnK  OF 

Ino  a  union  in  con- 

[•AdUK:    I'UK.SKNTKI) 
ON  MlSrtOUUl  KESO- 


lutions  at  thifl  time. 

my  present  object. 
Ill  they  contain,  and 
Ithat  whatever  may 
Ins  of  the  iKJople  of 
flioexU-nsion  or  non- 
lie  Territories,  they 
act  of  Conprc R«  »«n 

J  law,  when  it  comi's*, 
|o  the  decision  of  the 

of  Missouri  in  this 
bve  it  to  bo  tlui  only 


course  coiLsistiiit  with  the  terms  and  intention 
of  <iMr  CdnHlitutii'ii,  iind  the  oidy  (mo  which  can 
nave  thi.s  I'uion  from  tin-  fiitc  of  all  the  confed- 
cnicies  wlii<h  huvu  buccTs.sivcly  iip|ieared  and 
diwippcared  in  the  luHtory  of  nations.  Anarchy 
among  the  members,  and  n«»t  tyranny  in  the 
head,  has  Iteen  the  rock  on  which  all  such  con- 
federacies have  split.  The  authors  of  our  pivsent 
furm  of  government  knew  the  danger  of  this 
rock,  and  they  endeavored  to  provide  ngamst  it. 
They  formed  a  Union — not  a  league — a  federal 
logislaturc  to  act  upon  iktsoub,  not  upon  States; 
and  they  provided  |K'iici'ful  remedies  for  all  the 
questions  which  could  ari.'^v  between  the  |)eop1e 
and  tho  goveniment.  They  provided  a  fediral 
judiciary  to  execute  the  feilenil  laws  when  fouml 
to  be  constitutional ;  and  popular  elections  to  re- 
peal them  when  found  to  be  bud.  They  ('  'nned  a 
government  in  which  the  law  and  the  popular  will, 
and  not  the  sword,  was  to  decide  questions ;  and 
they  looked  upon  the  first  resort  to  the  sword 
fur  the  decision  of  such  quest! m^  as  the  death 
of  the  Union. 

The  old  confederation  was  a  league,  with  a 
legislature  acting  upon   soverei(:,:»tie8,  without 
power  to  enforce  its  decrees,  and  without  union 
i-xccpt  at  tho  will  of  the  parties.     It  was  power- 
k'89  for  government,  n'ul  a   roiH!  of  sand  for 
union.     It  was  to  e.scupo  from  that  helpless  and 
(uttering  government  that  the  present  constitu- 
'  on  was  formed ;  and  no  less  than  ten  numbers  of 
the  federalist — from  the  tenth  to  the  twentictli 
—were  devoted  to  this  defect  of  the  old  system, 
aud  the  necessity  of  the  new  one.     I  will  read 
wmc  extracts  Ihmi  these  nundicrs — the  joint 
imuliict  of  Hamilton  and  .Mudisou — tosho.^  the 
dilTircncc  between  the  league  which  we  abnndon- 
eil  and  the  Union  which  we  formed — the  ilangers 
f '  (he  former  and  the  l)enellts  of  the  latter — that 
it  may  bo  seen  that  the  rescdutions  of  the  gene- 
ral assembly  of  Missouri,  if  carried  out  to  theii 
cmiclusion.s,  carry  back  this  Unioi.  to  the  league 
of  the  confede ration — nuike  it  a  roiHj  of  .-and, 
uid  the  sword  the  arbiter  between  tho  federal 
kail  and  its  members. 
Mr.  B.  then  read  as  follows  : 
"The  great  and  radical  vice,  in  tho  stnicture 
"f  the  existing  confederation,  is  in  tho  principle 
'if  hpislation  for  States  or  governments,  in  their 
I  cor|K)ratc  or  collective  capacities,  and  as  cuntro- 
dlAtinguished  from  the  individuals  of  which  they 
eun.si8t.     Though  this  principle  docs  not  run 


through  all  the  powers  delegated  to  tho  Union, 
yet  it  prevade<  and  governs  tlmse  <m  which  tho 
eftlcacy  of  the  rest  dein-uds.     The  con-^icpiencw 
of  this  is,  that,  though  in  theory  constitutionally 
binding  on   the  inendaTS  of  the  Union,  yet  in 
practice  they  are  more  recumnuinlations,  u  hich 
the  States  observe  or  disregard  at  ll    ir  option. 
Government  implies  the  power  of  making  laws. 
I  It  is  essi>ntial  to  the  idea  of  a  law  that  it  be  at- 
'tended   with  a  samtion,  or,  in  other  wonis,  » 
(lenalty  or  punishment  for  disobedience.    This 
IH-nalty,  whatever  it  may  Im;,  can  only  Ik*  inflict- 
ed in  two  ways — by  tho  agency  of  the  courts 
I  and  ministers  of  justice,  or  by  military  force;  by 
i  the  coercion  of  the  magistracy,  or  by  the  co- 
'  erci(m  of  arms.    The  first  kind  can  evidently 
I  apply  only  to  men  ;  the  last  kind  must  of  ne- 
cessity  1m>  employed  n;,'ainst  bwlies  p<ditir,  or 
1  Muimtnities,  or  States.     It  is  evident  there  is 
I  no  process  of  a  couit  by  which  their  observance 
of  the  laws  can,  in  the  last  resort,  be  enforced. 
Sentences  nuiy  bo  denounced  against  fliem  for 
violations  of  their  duty  ;  but  these  sentences  can 
only  be  carried  into  execution  by  the  sword.     In 
an  association  where    he  general  authority  is 
confined  to  the  collective  bodies  of  the  commu- 
nities that  compose  it,  every  breach  of  the  laws 
must  involve  a  state  of  war ;  and  military  execu- 
tion must  lu'comc  the  cmly  instrument  of  civil 
obedience.     Sucli  a  state  of  things  am  certainly 
I  not  deserve  the  name  of  government,  nor  would 
I  any  prudent  man  choo.>'o  to  conmiit  his  happi- 
ness (.)  it." 

Of  thecertam  destruction  of  the  Union  when 
tho  sword  is  once  «lrawn  U-twecn  the  memliers 
of  a  Union  mid  their  head,  they  speaV  thus: 

"  When  the  swi.;  1  is  once  drawn,  the  passions 
of  men  ob-.erve  n<»  I.  unds  of  moderation.  Tho 
siigge^tion<  of  wounded  pride,  the  instigations 
of  irritateil  ivseiitment,  wouhl  \>'  apt  to  carry 
the  States,  agiiinst  whit  '^  the  nriiir.  of  the  Union 
were  exerted,  to  any  <xtremes  necessary  to 
avenge  the  allnnit,  or  to  avoid  the  <lisgrace  of  sub- 
nji.s.si(m.  The  first  war  of  this  kind  would  pro- 
bably I  .iiitutc  in  a  dissolution  of  the  Union." 
'  Of  the  advnnta;:  ■  and  facility  of  the  working 
of  the  federal  system,  iind  its  peaceful,  efficient, 
.'iid  harmonious  oiwration — if  the  fetlcral  '  vs 
are  made  to  operate  upon  citizens,  and  not  upon 
States — ticy  speak  in  these  terms: 

"  But  if  the  execution  of  the  laws  of  the  na- 
tional government  should  not  require  the  inter' 


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Photographic 

Sciences 

Corporation 


33  WEST  MAIN  STREET 

WEBSTER,  N.Y.  MS80 

(716)  872-4503 


>i,*:.ii'  /2i    f.\ll' 


11 

■   „    1                : 

362 


THIRTY  YEARS'  VIEW. 


vention  of  the  State  legislatures;  if  they  were 
to  pass  into  immediate  ojr'ation  upon  the  citi- 
zens themselves,  the  particular  governments 
could  not  interrupt  their  progress  without  an 
open  and  violent  exertion  of  unconstitutional 
power.  They  would  be  obliged  to  act,  and  in 
such  manner  as  would  leave  no  doubt  that  they 
had  encroached  on  the  national  rights.  An  ex- 
periment of  this  nature  would  always  be  hazard- 
ous in  the  face  of  a  constitution  in  any  degree 
competent  to  its  own  defence,  and  of  a  people 
enlightened  enough  to  distinguish  between  a 
legal  exercise  and  an  illegal  usurpation  of  au- 
thority. The  success  of  it  would  require  not 
merely  a  factious  majority  in  the  legislature,  but 
the  concurrence  of  the  courts  of  justice,  and  of 
the  body  of  the  people.  If  the  judges  were  not 
embarked  in  a  conspiracy  with  the  legislature, 
they  would  pronounce  the  resolutions  of  such  a 
majority  to  be  contrary  to  the  supreme  law  of 
the  land,  unconstitutional  and  void.  If  the  peo- 
ple were  not  tainted  with  the  spirit  of  their  State 
representatives,  they,  as  the  natural  guardians 
of  the  constitution,  would  throw  their  weight 
into  the  national  scale,  and  give  it  a  decided 
preponderance  in  the  contest." 

Of  the  ruinous  effects  of  these  civil  wars 
among  the  members  of  a  republican  confedera- 
cy, and  their  disastrous  influence  upon  the  cause 
of  civil  liberty  itself  throughout  the  world,  they 
thus  speak : 

"  It  is  impossible  to  read  the  history  of  the 
petty  republics  of  Greece  and  Italy,  without 
feeling  sensations  of  disgust  and  horror  at  the 
distractions  with  which  they  were  continually 
agiL  lied,  and  at  the  rapid  succession  of  revolu- 
tions by  which  they  were  kept  continually  vi- 
brating between  the  extremes  of  tyranny  and 
anarchy.  From  the  disorders  whicn  disfigure 
the  annals  of  those  republics,  the  advocates  of 
despotism  have  drawn  arguments,  not  only 
against  the  forms  of  republican  government, 
but  against  the  very  principles  of  civil  liberty. 
They  have  decried  all  free  government  as  incon- 
sistent with  the  order  of  society,  and  have  in- 
dulged themselves  in  malicious  exultation  over 
its  friends  and  partisans." 

And  again  they  say : 

"  It  must  carry  its  agency  to  the  persons  of 
the  citizens.  It  must  stand  in  need  of  no  inter- 
mediate legislation ;  but  mus*^  itself  be  empow- 
ered to  employ  the  arm  of  the  ordinary  magis- 


trate to  execute  its  own  resolutions.  The  ma- 
jesty of  the  national  authority  must  be  mani- 
fested through  the  medium  of  the  courts  oi  jus- 
tice." 

After  reading  these  extracts,  Mr.  B.  said: 
It  was  to  get  rid  of  the  evils  of  the  old  confed- 
eration that  the  present  Union  was  formed ; 
and,  having  formed  it,  they  who  formed  it  un- 
dertook to  make  it  perpetual,  and  for  that  pur- 
pose had  recourse  to  all  the  sanctions  held 
sacred  among  men — commands,  prohibitions, 
oaths.  The  States  were  forbid  to  form  com- 
pacts or  agreements  with  each  other ;  the  con- 
stitution and  the  laws  made  in  pursuance  of  it, 
were  declared  to  be  the  supreme  law  of  the 
land  ;  and  all  authorities,  State  and  federal, 
legislative,  executive,  and  judicial,  were  to  be 
sworn  to  support  it.  The  resolutions  which 
have  been  read  contradict  all  this ;  and  the  Gen- 
eral Assembly  mistook  their  own  powers  as 
much  as  they  mistook  the  sentiments  of  the 
people  of  j^issouri  when  they  adopted  them. 


CHAPTEK   XC. 

PUBLIC  LANDS:— DISTRIBUTION  OF  PE0CEED8.' 

Mr.  Clay  renewed,  at  this  session,  1832-'33,  th 
bill  which  he  had  brought  in  the  session  before, ' 
and  which  had  passed  the  Senate,  to  divide  the^ 
net  proceeds  of  the  sales  of  public  lands  amoujj 
the  States,  to  be  applied  to  such  purposes  as  the! 
legislatures  of  the  respeccive  States  should  think 
proper.     His  principal  arguments,  in  favor  or 
the  bill,  were :  Jirst,  the  aid  which  the  distribu-J 
tion  would  give  to  the  States,  in  developing] 
their  resources  and  promoting  their  prosperitj*;  | 
secondly,  the  advantage  to  the.  federal  govern- 
ment, in  settling  the  question  cf  the  mode  of 
disposing  of  the  public  lands.     He  explained  1 
bill,  which,  at  first,  contained  a  specification  ol 
the  objects  to  which  the  States  should  apply  the 
dividends  they  received,  which  was  struck  out, 
in  the  progress  of  the  bill,  and  stated  its  provi- 
sions to  be  : 

"To  set  apart,  for  the  benefit  of  the  new 
States,  twelve  and  a  half  per  cent.,  out  of  the 
aggregate  proceeds,  in  addition  to  the  five  per  j 
cent.,  which  was  now  allowed  to  them  by  com- 
pact, before  any  division  took  place  among  the 


ANNO  1833.    ANDREW  JACKSON,  PRESIDENT, 


363 


iitions.    The  ma- 
;y  must  be  mani- 
the  courts  oi  jus- 
its,  Mr.  B.  said: 
of  the  old  confed- 
lion  was  formed; 
rho  formed  it  un- 
and  for  that  pur- 
tic   sanctions   held 
mds,   prohibitions, 
rbid  to  form  com- 
ch  other ;  the  con- 
e  in  pursuance  of  it, 
upreme  law  of  the 
State  and  federal, 
judicial,  were  to  be 
2  resolutions  which 
ilthis;  andthcGen- 
leir  own  powers  as 
10  sentiments  of  the 
ley  adopted  them. 


Ib  xc. 

,UTION  OF  PROCEEDS.' 

session,  1832-'33,thft^ 
in  the  session  before, 
_)  Senate,  to  divide  the - 
of  public  lands  among] 
3  such  purposes  as  the! 
ive  States  should  thinb' 
rguments,  in  favor  of 
id  which  the  distribu-J 
States,  in  developing! 
)ting  their  prosperity;' 
to  the.  federal  govern- 
•Btion  cf  the  mode  of 
ids.    He  explained  1^ 
lined  a  specification  o|^ 
Itates  should  apply  the 
.which  was  struck  out, 
k  and  stated  its  provi- 

L  benefit  of  the  new  I 

If  per  cent.,  out  of  the , 

Edition  to  the  five  per 

lowed  to  them  by  com. 

1  took  place  among  the  l 


States  generally.  It  was  thu.s  proposed  to  as- 
sign, in  the  iir.^t  place,  seventeen  and  a  half  per 
cint.  to  the  new  States,  and  then  to  divide  the 
whole  of  the  residue  among  the  twenty-four 
States.  And,  in  order  to  do  away  any  inequality 
among  the  new  Slates,  grants  are  specifically 
made  by  the  bill  to  those  who  had  not  received, 
heretofore,  as  much  lands  as  the  rest  of  the  new 
States,  from  the  general  government,  so  as  to 
put  all  the  new  States  on  an  equal  footing.  This 
twelve  and  a  half  per  cent.,  to  the  new  States, 
to  be  at  their  disposal,  for  either  education  or 
internal  improvement,  and  the  residue  to  be  at 
the  disposition  of  the  States,  subject  to  no  other 
limitation  than  this :  that  it  shall  be  at  their 
option  to  apply  the  amount  received  either  to 
the  purposes  of  education,  or  the  colonization  of 
free  people  of  color,  or  for  internal  improve- 
ments, or  in  debts  which  may  have  been  con- 
tracted for  internal  improvements.  And,  with 
respect  to  the  duration  of  this  scheme  of  distri- 
bution proposed  by  the  bill,  it  is  limited  to  five 
years,  unless  hostilities  shall  occur  between  the 
United  States  and  any  foreign  power ;  in  which 
event,  the  proceeds  are  to  be  applied  to  the  car- 
rying on  such  war,  with  vigor  and  effect,  against 
any  common  enemy  with  whom  we  may  be 
brought  in  contact.    After  the  conclusion  of 

ace,  and  after  the  discharge  of  the  debt  created 

•  any  such  war,  the  aggregate  funds  to  return 
to  that  peaceful  destination  to  which  it  was  the 
intention  of  the  bill  that  they  should  now  be 
idirected,  that  is,  to  the  improvement  of  the  moral 

nd  physical  condition  of  the  country,  and  the 
tromotion  of  the  public  happiness  and  pros- 

erity." 

He  then  spoke  of  the  advantages  of  settling 
[the  question  of  the  manner  of  disposing  of  the 
public  lands,  and  said : 

"  The  first  remark  which  seemed  to  him  to  be 
kcalled  for,  in  reference  to  this  subject,  was  as  to 
Jthe  expediency,  he  would  say  the  necessity,  of 
I  immediate  settlement.  On  this  point,  he  was 
appy  to  believe  that  there  was  a  unanimous 
currence  of  opinion  in  that  body.  However 
fey  might  differ  as  to  the  terms  on  which  the 
Iribution  of  these  lands  should  be  made,  they 
I  agreed  that  it  was  a  question  which  ought  to 
i  promptly  and  finally,  he  hoped  amicably,  ad- 
justed. No  time  more  favorable  than  the  pre- 
;  moment  could  be  selected  for  the  settlement 
ifhis  question.  The  last  session  was  much 
favorable  for  the  accomplishment  of  this 
I  object ;  and  the  reasons  were  sufficiently  obvi- 
I  ous,  without  any  waste  of  time  in  their  specifi- 
cation. If  the  question  were  not  now  settled, 
I  but  if  it  were  to  be  made  the  subject  of  an  an- 
jBual  discussion,  mixing  itself  up  with  all  the 
I  measures  of  legislation,  it  would  be  felt  in  its 
I  influence  upon  all,  would  produce  great  dissen- 
hions  both  in  and  out  of  the  House,  and  affect 
Intensively  all  the  great  and  important  objects 
jvhicL  might  be  before  that  body.    They  had 


had,  in  the  several  States,  some  experience  on 
that  subject ;  and,  without  going  into  any  de- 
tails on  the  subject,  he  would  nurely  state  that 
it  was  known,  that,  for  a  long  period,  the  small 
amount  of  the  public  domain  possessed  by  some 
of  the  States,  in  comparison  with  the  quantity 
possessed  by  the  general  government,  had  been 
a  cause  of  great  agitation  in  the  public  mind, 
and  had  greatly  influenced  the  course  of  legisla- 
tion. Persons  coming  from  the  quarter  of  the 
State  in  which  the  public  land  was  situated, 
united  in  sympathy  and  interest,  constituted  al- 
ways a  body  who  acted  together,  to  promote 
their  common  object,  either  by  donations  to 
settlers,  or  reduction  in  the  price  of  the  public 
lands,  or  the  relief  of  those  who  are  debtors  for 
the  public  domain ;  and  were  always  ready,  as 
men  always  will  be,  to  second  all  those  measures 
which  look  towards  the  accomplishment  of  the 
main  object  which  they  have  in  view.  So,  if 
this  question  were  not  now  settled,  it  would  be 
a  source  of  inexpressible  difficulty  hereafter,  in- 
fluencing all  the  great  interests  of  the  country, 
in  Congress,  affecting  great  events  without,  and 
perhaps  adding  another  to  those  unhappy  causes 
of  division,  which  unfortunately  exist  at  this 
moment." 

In  his  arguments  in  support  of  his  bill,  Mr. 
Clay  looked  to  the  lands  as  a  source  of  revenue 
to  the  States  or  the  federa'  government,  from 
their  sale,  and  not  from  .heir  settlement  and 
cultivation,  and  the  revenue  to  be  derived  from 
the  wealth  and  population  to  which  their  settle- 
ment would  give  rise ;  and,  concluding  with  an 
encomium  on  his  bill  under  the  aspect  of  revenue 
from  sales,  he  said : 

"  He  could  not  conceive  a  more  happy  dispo- 
sition of  the  proceeds  of  the  public  lands,  than 
that  which  was  provided  by  this  bill.  It  was 
supposed  that  five  years  would  be  neither  too 
long  nor  too  short  a  period  for  a  fair  experiment. 
In  case  a  war  should  break  out,  we  may  with- 
draw from  its  peaceful  destination  a  sum  of  from 
two  and  a  half  to  three  and  a  half  millions  of 
dollars  per  annum,  and  apply  it  to  a  vigorous 
prosecution  of  the  war — a  sum  which  would  pay 
the  interest  on  sixty  millions  of  dollars,  which 
might  be  required  to  sustain  the  war,  and  a  sum 
which  is  constantly  and  progressively  increasing. 
It  proposes,  now  that  the  general  government 
has  no  use  for  the  money,  now  that  the  surplus 
treasure  is  really  a  source  of  vexatious  embar- 
rassment to  us,  and  gives  rise  to  a  succession  of 
projects,  to  supply  for  a  short  time  a  fund  to 
the  States  which  want  our  assistance,  to  advance 
to  them  that  which  we  do  not  want,  and  which 
they  will  apply  to  great  beneficial  national  pur- 
poses ;  and,  should  war  take  place,  to  divert  it 
to  the  vigorous  support  of  the  war ;  and,  when 
it  ceases,  to  apply  it  again  to  its  peaceful  pur- 
poses.   And  thus  we  may  grow,  from  time  to 


-<! 


ii<i>,mk£iii 


4: 


'ii        >) 


111 
-'  ''*-'  i  '"III 


364 


THIRTY  YEARS'  VIEW. 


time,  with  a  fund  which  will  endure  for  cen- 
turies, and  which  will  augment  with  the  growth 
of  the  nation,  aiding  the  States  in  scagons  of 
peace,  and  sustaining  the  general  government  in 
periods  of  war." 

Mr.  Calhoun  deprecated  this  distribution  of 
the  land  money  as  being  dangerous  in  itself  and 
unconstitutional,  and  as  leading  to  the  distribu- 
tion of  other  revenue-  *-  which  he  was  pro- 
phetic.   He  said : 

"  He  could  not  yield  his  assent  to  the  mode 
which  this  bill  proposed  to  settle  the  agitated 
question  of  the  public  lands.  In  addition  to 
several  objections  of  a  minor  character,  he  had 
an  insuperable  objection  to  the  leading  principle 
of  the  bill,  which  proposed  to  distribute  the 
proceeds  of  the  lands  among  the  States.  He 
believed  it  to  be  both  dangerous  and  unconsti- 
tutional. He  could  not  assent  to  the  principle, 
that  Congress  had  a  right  to  denationalize  the 
public  funds.  He  agreed  that  the  objection  was 
not  so  decided  in  case  of  the  proceeds  of  lands,  as 
in  that  of  revenue  collected  from  taxes  or  duties. 
The  senator  from  Ohio  had  adduced  evidence 
from  the  deed  of  cession,  which  certainly  coun- 
tenanced the  idea  that  the  proceeds  of  tlie  lands 
migiit  be  subject  to  the  distribution  proposed 
in  the  bill ;  but  he  was  far  from  being  satisfied 
that  the  argument  was  solid  or  conclusive.  If 
the  principle  of  distribution  could  be  confined  to 
the  proceeds  of  the  lands,  he  would  acknowledge 
that  his  objection  to  the  principle  would  be 
weakened. 

"  He  dreaded  the  force  of  precedent,  and  he 
foresaw  that  the  time  would  come  when  the 
example  of  the  distribution  of  the  proceeds  of 
the  public  lands  would  be  urged  as  a  reason  for 
distributing  the  revenue  derived  from  other 
sources.  Nor  would  the  argimient  be  devoid  of 
plausibility.  If  we,  of  the  Atlantic  States,  insist 
that  the  revenue  of  the  West,  derived  from  lands, 
should  be  equally  distributed  among  all  the 
States,  we  must  not  be  surprised  if  the  interior 
States  should,  in  like  manner,  insist  to  distribute 
the  proceeds  of  the  customs,  the  great  source  of 
revenue  in  the  Atlantic  States.  Should  such  a 
movement  be  successful,  i*^  must  be  obvious  to 
every  one,  who  is  the  least  acquainted  with  the 
workings  of  the  human  heart,  and  the  nature  of 
government,  that  nothing  would  more  certainly 
endanger  the  existence  of  the  Union.  The  re- 
venue is  the  power  of  the  State,  and  to  distribute 
its  revenue  is  to  dissolve  its  power  into  its 
original  elements." 

Attempts  were  made  to  postpone  the  bill  to 
the  next  session,  which  failed ;  and  it  passed  the 
Senate  by  a  vote  of  24  to  20. 

Yeas. — Messrs,  Beli,  Chambers,  Clay,  Clay- 
ton, Dallas,  Dickerson,  Dudley,  Ewin;^',  Foot, 
Frelinghuysen,  Hendricks,  Holmes,  JoLnstoUj 


Knight,  Poindexter,  Prentiss,  Robbins,  Ruggles 
Seymour,  Silsbee,  Sprague,  Tomlinson,  Wagga- 
man,  Wilkins — 24. 

Nays. — Messrs.  Benton,  Black.  Brown,  Buck- 
ner,  Calhoun,  Forsyth,  Grundy,  Hill,  Kane,  Kinp 
Mangum,  Miller,  Moore,  Rives,  Robinson.  Smith* 
Tipton,  Tyler,  White,  Wright— 20.  ' 

The  bill  went  to  the  House  and  received 
amendments,  which  did  not  obtain  the  concur- 
rence of  the  Senate  until  midnight  of  the  first 
of  March,  which,  being  the  short  session,  was 
within  twenty-four  hours  of  the  constitutional 
termination  of  the  Congress,  which  was  limited 
to  the  3d — which  falling  this  year  on  Sunday, 
the  Congress  would  adjourn  at  midnight  of  the 
2nd.  Further  efforts  were  made  to  postpone 
it,  and  upon  the  ground  that,  in  a  bill  of  that 
magnitude  and  novelty,  the  President  was  en- 
titled to  +he  full  ten  days  for  the  consideration 
of  it  which  the  constitution  allowed  him,  and 
he  would  have  but  half  a  day ;  for  if  passed 
that  night  it  could  only  reach  him  in  the  fwe- 
noon  of  the  next  day — leaving  him  but  half  a 
day  for  his  consideration  of  the  measure,  wiicre 
the  constitution  allowed  him  ten  ;  and  that  half 
day  engrossed  with  all  crowded  business  of  an 
expiring  session.  The  next  evening,  the  Presi- 
dent attended,  as  usual,  in  a  room  adjoining  tlie 
Senate  chamber,  to  be  at  hand  to  sign  bills  and 
make  nominations.  It  was  some  hours  in  the 
night  when  the  President  sent  for  me,  and  with- 
drawing into  the  recess  of  a  window,  told  me 
that  he  had  a  veto  message  ready  on  the  land 
bill,  but  doubted  about  sending  it  in,  lest  there 
should  not  be  a  full  Senate ;  and  intimated  his 
apprehension  that  Mr.  Calhoun  and  some  of  his 
friends  might  be  absent,  and  endanger  the  bill : 
and  wished  to  consult  me  upon  that  point.  I 
told  him  I  would  go  and  reconnoitre  the  chamber, 
and  adjacent  rooms ;  did  so — found  that  Mr. 
Calhoun  and  his  immediate  friends  were  absent 
— returned  and  informed  him,  when  he  said  he 
would  keep  the  bill  until  the  next  session,  and 
then  return  it  with  a  fully  considered  message 
— his  present  one  being  brief,  and  not  such  as 
to  show  his  views  fully.  I  told  him  I  thought 
he  ought  to  do  so — that  such  a  measure  ought 
not  to  be  passed  in  the  last  hours  of  a  session, 
in  a  thin  Senate,  and  upon  an  imperfect  view  of 
his  objections ;  and  that  the  public  good  required 
it  to  be  held  up.  It  was  so ;  and  during  the , 
long  vacation  of  nine  months  which  intervened 
before  the  next  session,  the  opposition  presses 


ANNO  1833.     ANDREW  JACKSON,  PRESIDENT. 


365 


iS,  Robbing,  Ruggles, 
Tomlinson,  Wagga- 

Black,  Brown,  Buck- 
idy,  llill,  Kane,  King, 
ves,  Robinson.  Smith, 
;ht— 20. 

House  and  received 
ot  obtain  the  concur- 
midnight  of  the  first 
e  short  session,  was 
of  the  constitutional 
ss,  which  wa.s  limited 
this  year  on  Sunday, 
im  at  midnight  of  the 
ire  made  to  postpone 
that,  in  a  bill  of  that 
he  President  was  en- 
3  for  the  consideration 
:ion  allowed  him,  and 
'  a  day ;  for  if  passed 
reach  him  in  the  firre- 
caving  him  but  half  a 
;  of  the  measure,  where 
him  ten ;  and  that  half 
Towded  business  of  an 
lext  evening,  the  Prcsi- 
in  a  room  adjoining  the 
land  to  sign  bills  and 
was  some  hours  in  the 
t  sent  for  me,  and  witli- 
of  a  window,  told  me 
;age  ready  on  the  land 
sending  it  in,  lest  there 
late  ;  and  intimated  his 
alhoun  and  some  of  his 
and  endanger  the  bill : 
me  upon  that  point,   I 
reconnoitre  the  chamber, 
lid  so— found  that  Jlr, 
iate  friends  were  absent 
^d  him,  when  he  said  he 
til  the  next  session,  and 
'ully  considered  message 
brief,  and  not  such  as 
.    I  told  him  I  thought 
such  a  measure  ought 
last  hours  of  a  session, 
(on  an  imperfect  view  of 
,  the  public  good  required 
was  so;  and  during  the 
nonths  which  intervened  j 
I,  the  opposition  presses 


and  orators  kept  the  country  filled  with  denun- 
ciations of  the  enormity  of  his  conduct  in  '^pock- 
eting "  the  bill— as  if  it  had  been  a  case  of  "  flat 
burglary,"  instead  of  being  the  exercise  of  a 
constitutional  right,  rendered  most  just  and 
proper  under  the  extraordinary  circumstances 
which  had  attended  the  passage,  and  intended 
return  of  the  bill.  At  the  commencement  of 
the  ensuing  session  he  returned  the  bill,  with  his 
'.vcll-considcred  objections,  in  an  ample  message, 
which,  after  going  over  a  full  history  of  the 
derivation  of  the  lands,  came  to  the  following 
conclusions :  ' 

"  1.  That  one  of  the  fundamental  principles, 
on  which  the  confederation  of  the  United  States 
was  originally  based,  was,  that  the  waste  lands 
of  tlie  West,  within  their  limits,  should  be  the 
common  property  of  the  United  States. 

"  2.  That  those  lands  were  ceded  to  the  United 
States  by  the  States  which  claimed  them,  and 
the  cessions  were  accepted,  on  the  express  con- 
dition that  they  should  be  disposed  of  for  the 
common  benefit  of  the  States,  according  to  their 
respective  proportions  in  the  general  charge  and 
expenditure,  and  for  no  other  purpose  what- 
soever. 

"  3.  That,  in  execution  of  these  solemn  com- 
pacts, the  Congress  of  the  United  States  did, 
under  the  confederation,  proceed  to  sell  these 
lands,  and  put  the  avails  into  the  common  trea- 
sury ;  and,  under  the  new  constitution,  did  re- 
peatedly pledge  them  for  the  payment  of  the 
public  debt  of  the  United  States,  by  which 
pledge  each  State  was  expected  to  profit  in  pro- 
portion to  the  general  charge  to  be  made  upon 
it  for  that  object. 

"These  arc  the  first  principles  of  this  whole 
subject,  which,  I  think,  cannot  be  contested  by 
any  one  who  examines  the  proceedings  of  the 
revolutionary  Congress,  the  sessions  of  the 
several  States,  and  the  acts  of  Congress,  under 
the  new  constitution.  Keeping  them  deeply  im- 
pressed upon  the  mind,  let  us  proceed  to  exam- 
ine how  far  the  objects  of  the  cessions  have  been 
completed,  and  see  whether  those  compacts  are 
not  still  obligatory  upon  the  United  States. 

"The  debt,  for  which  these  lands  were  pledged 
bv  Congress,  may  be  considered  as  paid,  and 
they  are  consequently  released  from  that  lien. 
But  that  pledge  formed  no  part  of  the  compacts 
with  the  States,  or  of  the  conditions  upon  which 
the  cessions  were  made.  It  was  a  contract  be- 
tween new  parties — between  the  United  States 
and  their  creditors.  Upon  payment  of  the  debt, 
the  compacts  remain  in  full  force,  and  the  obli- 
sration  of  the  United  States  to  dispose  of  the 
lands  for  the  common  benefit,  is  neither  des- 
troyed nor  impaired.  As  they  cannot  now  be 
executed  in  that  mode,  the  only  legitimate  ques- 
tion which  can  arise  is,  in  what  other  way  are 
these  lands  to  be  hereafter  disposed  of  for  the 


common  benefit  of  the  several  States, '  according 
to  their  respective  and  usual  proportion  in  th« 
general  charge  and  expenditure  ? '  The  a<8sions 
of  Virginia,  North  Carolina,  and  Georgia,  in  ex- 
press terms,  and  all  the  rest  impliedly,  not  onlj 
provide  thus  specifically  the  proportion,  accord- 
ing to  which  each  State  shall  profit  by  the  pro- 
ceeds of  the  land  sales,  but  they  proceed  to  de- 
clare that  they  shall  be  'faithfully  and  bona 
fide  disposed  of  for  that  purpose,  and  for  no 
other  use  or  purpose  whatsoever.'  This  is  the 
fundamental  law  of  the  land,  at  this  moment, 
growing  out  of  compacts  which  are  older  than 
the  constitution,  and  formed  the  corner  stone 
on  which  the  Union  itself  was  erected. 

"  In  the  practice  of  the  government,  the  pro- 
ceeds of  tlie  public  lands  have  not  been  set 
apart  as  a  separate  fund  for  the  payment  of  the 
public  debt,  but  have  been,  and  are  now,  paid 
into  the  treasury,  where  they  constitute  a  part 
of  the  aggregate  of  revenue,  upon  which  the 
government  draws,  as  well  for  its  current  ex- 
penditures as  for  payment  of  the  public  debt. 
In  this  manner,  they  have  heretofore,  and  do 
now,  lessen  the  general  charge  upon  the  people 
of  the  several  States,  in  the  exact  proportions 
stipulated  in  the  compacts. 

''  These  general  charges  have  been  composed, 
not  only  of  the  public  debt  and  the  usual  ex- 
penditures attending  the  civil  and  military  ad- 
ministrations of  the  government,  but  of  the 
amounts  paid  to  the  States,  with  which  these 
compacts  were  formed ;  the  amounts  paid  the  In- 
dians for  their  right  of  possession ;  the  amounts 
paid  for  the  purchase  of  Louisiana  and  Florida ; 
and  the  amounts  paid  burveyors,  registers,  re- 
ceivers, clerks,  &c.,  cmplo3'ed  in  preparing  for 
market,  and  selling,  the  western  domain.  From 
the  origin  of  the  land  system,  down  to  the  30th 
September,  1832,  the  amount  expended  fur  all 
these  purpose  has  been  about  $49,701,280  and 
the  amount  received  from  the  sales,  deducting 
payments  on  account  of  roads,  Ac,  about  $38,- 
386,024.  The  revenue  arising  from  the  public 
lands,  therefore,  has  not  been  sufficient  to  meet 
the  general  charges  on  the  treasury,  which  have 
grown  out  of  them,  by  about  $11,314,050.  Yet, 
in  having  been  applied  to  lessen  those  charges, 
the  conditions  of  the  compacts  have  been  thus 
far  fulfilled,  and  each  State  has  profited  accord- 
ing to  its  usual  proportion  in  the  general  chaise 
and  expenditure.  The  annual  proceeds  of  land 
sales  have  increased,  and  the  charges  have  dimin- 
ished ;  so  that,  at  a  reduced  price,  those  lands 
would  now  defray  all  current  charges  growing 
out  of  them,  and  save  the  treasury  from  further 
advances  on  their  account.  Their  original  intent 
and  object,  therefore,  would  be  accomplished,  as 
fully  as  it  has  hitherto  been,  by  reducing  the 
price,  and  hereafter,  as  heretofore,  bringing  the 
proceeds  into  the  treasury.  Indeed,  as  this  is 
the  only  mode  in  which  the  objects  of  the  origi- 
nal compact  can  be  attained,  it  may  be  consi- 
dered, for  all  practical  purposes,  that  it  is  one  of 
their  requirements. 


WWW    i\ 


■;•   "ill! 


366 


THIRTY  YEARS'  VIEW. 


"  The  bill  before  me  begins  with  nn  entire  sub- 
version of  every  one  of  the  compiicts  by  which 
the  United  StJitcs  became  possessed  of  their 
western  domain,  and  treats  the  subject  as  if 
they  never  had  existence,  and  as  if  the  United 
States  were  the  original  and  unconditional  own- 
ers of  all  the  public  lands.  The  first  section 
directs — 

"•That,  from  and  after  the  31st  day  of  De- 
cember, 1832,  there  shall  be  allowed  and  paid 
to  each  of  the  States  of  Ohio,  Indiana,  Illinois, 
Alabama,  Missouri.  Mississippi,  and  Louisiana, 
over  and  above  what  each  of  the  said  States  is 
entitled  to  by  the  terms  of  the  compacts  entered 
into  between  them,  respectively,  upon  their  ad- 
mission into  the  Union  and  the  United  States, 
the  sum  of  twelve  and  a  half  per  centum  upon 
the  net  amount  of  the  sales  of  the  public  lands, 
which,  subsequent  to  the  day  afoscsaid,  shall  be 
made  within  the  several  limits  of  the  said  States ; 
M'hich  said  sum  of  twelve  and  a  half  per  centum 
shall  be  applied  to  some  object  or  objects  of  in- 
ternal improvement  or  education,  within  the 
said  States,  under  the  direction  of  their  several 
legislatures.' 

"  This  twelve  and  a  half  per  centum  is  to  be 
taken  out  of  the  net  proceeds  of  the  land  sales, 
before  any  apportionment  is  made ;  and  the  same 
seven  States,  which  are  first  to  receive  this  pro- 
portion, arc  also  to  receive  their  due  proportion 
of  the  residue,  according  to  the  ratio  of  general 
distribution. 

"  Now,  waiving  all  considerations  of  equity 
or  policy',  in  regard  to  this  provision,  what  more 
need  be  said  to  demonstrate  its  objectionable 
character,  than  that  it  is  in  direct  and  undis- 
guised violation  of  the  pledge  given  by  Congress 
to  the  States,  before  a  single  cession  was  made ; 
that  it  abrogates  the  condition  upon  which  some 
of  the  States  came  into  the  Union ;  and  that  it 
sets  at  nought  the  terms  of  cession  spread  upon 
the  face  of  every  grant  under  which  the  title  to 
that  portion  of  the  public  land  is  held  by  the 
federal  government  ? 

"  In  the  apportionment  of  the  remaining  seven 
eighths  of  the  proceeds,  this  bill,  in  a  manner 
equally  undisguised,  violates  the  conditions  upon 
which  the  United  States  acquired  title  to  the 
ceded  lands.  Abandoning  altogether  the  ratio 
of  distribution,  according  to  the  general  charge 
and  expenditure  provided  by  the  compacts,  it 
adopts  that  of  the  federal  representative  popu- 
lation. Virginia,  and  other  States,  which  ceded 
their  lands  upon  the  express  condition  that  they 
should  receive  a  benefit  from  their  sales,  in  pro- 
portion to  their  part  of  the  general  charge,  arc, 
by  the  bill,  allowed  only  a  portion  of  seven 
eighths  of  their  proceeds,  and  that  not  in  the 
proportion  of  general  charge  and  expenditure, 
but  in  the  ratio  of  their  federal  representative 
population. 

"The  constitution  of  the  United  States  did 
not  delegate  to  Congress  the  power  to  abrogate 
these  compacts.  On  the  contrary,  by  declaring 
that  nothing  in  it '  shall  be  so  construed  as  to 


prejudice  any  claims  of  the  United  States,  or  of 
any  particular  State,'  it  virtually  provides  that 
these  compacts,  and  the  rights  they  secure,  shall 
remain  untouched  by  the  legislative  power,  which 
shall  only  make  all '  needful  rules  and  regula- 
tions '  for  carrying  them  into  effect.  All  be- 
yond  this,  would  seem  to  be  an  assumption  of 
undelegated  power. 

'•  These  ancient  compacts  are  invaluable  monu- 
ments of  an  age  of  virtue,  patriotism,  and  disin- 
terestedness. They  exhibit  the  price  that  great 
States,  which  had  won  liberty,  were  willinfc  to 
pay  for  that  Union,  without  which,  they  plainly 
saw,  it  could  not  be  preserved.  It  was  not  for 
tei  ritory  or  State  power  that  our  revolutionary 
fathers  took  up  arms;  it  was  for  individual 
liberty,  and  the  right  of  .'^elf-government.  Tlie 
expulsion,  from  the  continent,  of  British  armies 
and  British  power  was  to  them  a  barren  con- 
quest, if,  through  the  collisions  of  the  redeemed 
States,  the  individual  rights  for  which  tliey 
fought  should  become  the  prey  of  petty  military 
tyrannies  established  at  home.  To  avert  such 
consequences,  and  throw  around  libeity  tlie 
shield  of  union,  States,  whose  relative  strenptli, 
at  the  time,  gave  them  a  preponderating  power 
magnanimously  sacrificed  domains  which  would 
have  made  them  the  rivals  of  empires,  only 
stipulating  that  they  should  be  disposed  of  for 
the  common  benefit  of  themselves  and  the  other 
confederated  States.  This  enlightened  policy 
produced  union,  and  has  secured  liberty.  It  has 
made  our  waste  lands  to  swarm  with  a  busy 
people,  and  added  many  powerful  States  to  our 
confederation.  As  well  for  the  fruits  which 
these  noble  works  of  our  ancestors  have  pro- 
duced, as  for  the  devotedness  in  which  tlicy 
originated,  we  should  hesitate  before  we  demol- 
ish them. 

"  But  there  are  other  principles  asserted  in 
the  bill,  which  would  have  impelled  me  to  with- 
hold my  signature,  had  I  not  seen  in  it  a  viola- 
tion of  the  compacts  by  which  the  United  States 
acquired  title  to  a  large  portion  of  the  public 
lands.  It  reasserts  the  principle  contained  in 
the  bill  authorizing  a  subscription  to  the  stock 
of  the  Maysville,  Washington,  Paris,  and  Lex- 
ington Turnpike  Road  Company,  from  which  I 
was  compelled  to  withhold  my  consent,  fur  rea- 
sons contained  in  my  message  of  the  27th  Jlay, 
1830,  to  the  House  of  Representatives.  The 
leading  principle,  then  asserted,  was,  that  Cod- 
gress  possesses  no  constitutional  power  to  ap- 
propriate any  part  of  the  moneys  of  the  United 
States  for  objects  of  a  local  character  within  the 
States.  That  principle,  I  cannot  be  mistaken  in 
supposing,  has  received  the  unequivocal  sanction 
of  the  American  people,  and  all  subsequent  re- 
flection has  but  satisfied  me  more  thoroughly 
that  the  interests  of  our  people,  and  the  purity 
'  of  our  government,  if  not  its  existence,  depend 
on  its  observance.  The  public  lands  are  the 
common  property  of  the  United  States,  and  the 
moneys  arising  from  their  sales  are  a  part  of  the 
public  revenue.    This  bill  proposes  to  raise  from, 


ANNO  1833.    ANDREW  JACKSON,  PRESIDENT. 


367 


nited  States,  or  of 
lally  provides  that 
s  they  secure,  shall 
lative  power,  which 
rules  and  regula- 
te effect.  All  be- 
s  an  assumption  of 

re  invaluable  monu- 
itriotism.  and  disin- 
thc  price  that  great 
rty,  were  willin};  to 

which,  they  plainly 
ed.  It  was  not  for 
it  our  revolutionary 

was  for  individual 
If-government.  The 
lit.  of  British  armies 

them  a  baiTcn  con- 
ions  of  the  redeemed 
hts  for  which  they 
^rey  of  petty  military 
ome.    To  avert  such 

around  liberty  tlie 
lose  relative  strenfith, 
ireponderatinp:  power, 
domains  which  would 
als  of  empires,  only 
Id  be  disposed  of  for 
mselves  and  the  other 
lis  enlightened  policy 
bcured  hberty.    It  has 

swarm  with  a  busy 
lowerful  States  to  our 

for  the  fruits  which 
ancestors  have  pro- 

dness  in  which  they 

itate  before  we  dcmol- 

principles  asserted  in 
!  impelled  me  to  with- 
not  seen  in  it  a  viola- 
lich  the  United  States 
portion  of  the  public 
principle  contained  in 
)Scription  to  the  stock 
ngton,  Paris,  and  Lcx- 
■ompany,  from  which  1 
Id  my  consent,  for  rca- 
ssage  of  the  27  th  ilay, 
Representatives.    The 
;serted,  was,  that  Cod- 
itutional  power  to  ap- 
p  moneys  of  the  United 
al  character  within  the 
cannot  be  mistaken  in 
.le  unequivocal  sanction 
and  all  subsequent  re- 
il  me  more  thoroughly 
people,  and  the  purity 
t  its  existence,  depend 
public  lands  are  the 
United  States,  and  the 
i,r  sales  are  a  part  of  the 
I  proposes  to  raise  from, 


and  appropriate  a  portion  of,  this  public  revenue 
to  certain  States,  providing  expressly  that  it 
shall  '1)6  applied  to  objects  of  internal  improve- 
nient  or  education  within  those  States,'  and  then 
proceeds  to  appropriate  the  balance  to  all  the 
States,  with  the  declaration  that  it  shall  be  ap- 
plied '  to  such  purposes  as  the  legislatures  of 
the  said  respective  States  shall  deem  proper.' 
The  former  appropriation  is  expressly  for  inter- 
nal improvements  or  education,  without  qualifi- 
cation as  to  the  kind  of  improvements,  and, 
therefore,  in  express  violation  of  the  principle 
maintained  in  my  objections  to  the  turnpike 
road  bill,  above  referred  to.  The  latter  appro- 
priation is  more  broad,  and  gives  the  money  to 
be  applied  to  any  local  purpose  whatsoever.  It 
will  not  be  denied,  that,  under  the  provisions  of 
the  bill,  a  portion  of  the  money  might  have  been 
applied  to  making  the  very  road  to  which  the 
bill  of  1830  had  reference,  and  must,  of  course, 
come  within  the  scope  of  the  same  principle. 
If  the  money  of  the  United  States  cannot  be  ap- 
plied to  local  purposes  through  its  own  agents, 
as  little  can  it  be  permitted  to  be  thus  expended 
through  th"  agencj'  of  the  State  governments. 

"It  has  been  supposed  that,  with  all  the  reduc- 
tions in  our  revenue  which  could  be  speedily 
eBccted  by  Congress,  without  injury  to  the  sub- 
stantial interests  of  the  country,  there  might  be, 
for  some  years  to  come,  a  surplus  of  moneys  in 
the  treasury ;  and  that  there  was,  in  principle, 
no  objection  to  returning  them  to  the  people  by 
whom  they  were  paitl  As  the  literal  accom- 
plishment of  such  an  object  is  obviously  imprac- 
ticable, it  was  thought  admissible,  as  the  nearest 
approximation  to  it,  to  hand  them  over  to  the 
State  governments,  the  more  immediate  repre- 
sentatives of  the  people,  to  be  by  them  applied 
to  the  benefit  of  those  to  whom  they  properly 
belonged.  The  principle  and  the  object  was,  to 
return  to  the  people  an  unavoidable  surplus  of 
revenue  which  might  have  been  paid  by  them 
under  a  system  wliich  could  not  at  once  be  aban- 
doned ;  but  even  this  resource,  which  at  one  time 
seemed  to  be  almost  the  only  alternative  to  save 
the  general  government  from  grasping  unlimited 
power  over  internal  improvements,  was  suggest- 
ed with  doubts  of  its  constitutionality. 

"  But  this  bill  assumes  a  new  principle.  Its 
object  is  not  to  return  to  the  people  an  unavoidable 
surplus  of  revenue  paid  in  by  them,  but  to  create 
a  surplus  for  distribution  among  the  States.  It 
seizes  the  entire  proceeds  of  one  source  of  reven- 
ue, and  sets  them  apart  as  a  surplus,  making  it 
necessary  to  raise  the  money  for  supporting  the 
jrovernment,  and  meeting  the  general  charges, 
from  other  sources.  It  even  throws  the  entire 
land  system  upon  the  customs  for  its  support, 
and  makes  the  public  lands  a  perpetual  charge 
upon  the  treasury.  It  docs  not  return  to  the 
people  moneys  accidentally  or  unavoidably  paid 
by  them  to  the  government  by  which  they  are 
not  wanted ;  but  compels  the  people  to  pay 
moneys  into  the  treasury  for  the  mere  purpose 
of  creating  a  surplus  for  distribution  to  their 


State  governments.  If  this  principle  bo  onco 
admitted,  it  is  not  difficult  to  perceive  to  what 
consequences  it  m?.y  lead.  Already  this  bill,  by 
throwing  the  land  system  on  the  revenues  from 
imports  for  support,  virtually  distributes  among 
the  States  a  part  of  those  revenues.  The  pro- 
portion may  be  increased  from  time  to  time, 
without  any  departure  from  the  principle  now 
asserted,  until  the  State  governments  shall  de- 
rive all  the  funds  necessary  for  their  support 
from  the  treasury  of  the  United  States  ;  or,  if  a 
sufficient  supply  should  be  obtained  by  some 
States  and  not  by  others,  the  deficient  States 
might  complain,  and,  to  put  an  end  to  all  fur- 
ther difficulty,  Congress,  without  assuming  any 
new  principle,  need  go  but  one  step  fuither,  and 
put  the  salaries  of  all  the  State  governors,  judg- 
es, and  other  officers,  with  a  sufficient  sum  for 
other  expenses,  in  their  general  appropriation  bill. 

"  It  appears  to  me  that  a  more  direct  road  to 
consolidation  cannot  be  devised.  Money  is 
power,  and  in  that  government  which  pays  all 
the  public  officers  of  the  States,  will  all  political 
power  be  substantially  concentrated.'  The  State 
governments,  if  governments  they  might  be  call- 
ed, would  lose  all  their  independence  and  digni- 
ty. The  economy  which  now  distinguishes  thero 
would  be  converted  into  a  profusion,  limited  only 
by  the  extent  of  the  supply.  Being  the  depen- 
dants of  the  general  government,  and  looking  to 
its  treasury  as  the  source  of  all  their  emolu- 
ments, the  State  officers,  under  whatever  names 
they  might  pass,  and  by  whatever  forms  their 
duties  might  be  prescribed,  would,  in  eflcct,  bo 
the  mere  stipendaries  and  instruments  of  the 
central  power. 

"  I  am  quite  sure  that  the  intelligent  people 
of  our  several  States  will  be  satisfied,  on  a  little 
reflection,  that  it  is  neither  wise  nor  safe  to  re- 
lease the  members  of  their  local  legislatures  from 
the  responsibility  of  levying  the  taxes  necessary 
to  support  their  State  governments,  and  vest  it 
in  Congress,  over  most  of  whose  members  they 
have  no  control.  They  will  not  think  it  ex- 
pedient that  Congress  shall  be  the  tax-gatherer 
and  i)aymaster  of  all  their  State  governments, 
thus  amalgamating  all  their  officers  into  one  mass 
of  common  interest  and  common  feeling.  It  is 
too  obvious  that  such  a  course  would  subvei  t 
our  well-balanced  system  of  government,  and 
ultimately  deprive  us  of  the  blessings  now  de- 
rived from  our  happy  union. 

"  However  willing  I  might  be  that  anj'  un- 
avoidable surplus  in  the  treasury  should  be  re- 
turned to  the  people  through  their  State  govern- 
ments, I  cannot  assent  to  the  principle  that  a 
surplus  may  be  created  for  the  purpose  of  dis- 
tributi'  n.  Viewing  this  bill  as,  inefJect,  assum- 
ing the  right  not  only  to  create  a  surplus  for 
that  purpose,  but  to  divide  the  contents  of  tho 
treasury  among  the  States  w  ithout  limitation, 
from  whatever  source  they  may  be  derived,  and 
asserting  the  power  to  raise  and  appropriat« 
money  for  the  support  of  every  State  govern- 
ment and  institution,  as  well  as  for  making  every 


lit 


ti 


368 


THIRTY  YEARS'  VIEW. 


ill..     :^ 


i"s* 


iM   '  .(   '■'.  *^/ 


■'^;-?-,UH 


m:  \ 


f  W' 


a,     ;'! 


■* 

li 

■» 

'  is 

n 

'€ 

11 

te-  i 

local  improvement,  however  trivial,  T  cannot  give 
it  my  assent. 

''It  is  (iifflcnlt  to  perceive  v.liat  advantajres 
would  accrue  to  the  old  States  or  the  new  fiom 
tlie  system  of  distribution  which  this  hill  pro- 
poses, if  it  were  otherwise  nnohjectioniihle.  It 
rciiuires  no  arj^ument  to  prove,  tiiat  if  triree  mil- 
lions of  dollars  ayear,oriuiy  other  sum,  sliull  Iw 
taken  outof  the  treasury  hy'this  bill  fordistribu- 
tion.  it  must  be  replaced  by  the  same  sum  collect- 
ed from  the  people  through  some  other  means. 
The  old  States  will  receive  annually  a  sum  of 
money  from  the  treasury,  but  they  will  pay  in 
a  larger  sum,  together  with  the  expenses  of  col- 
lection and  distribution.  It  is  only  tlicir  pro- 
portion of  seven  eights  of  the  proceeds  of  land 
sales  which  they  are  to  receive,  but  they  must 
pay  their  due  proportion  of  the  whole.  Disguise 
it  as  we  may,  the  bill  proposes  to  them  a  dead 
loss  in  tiie  ratio  of  eight  to  seven,  in  addition  to 
expenses  and  other  incidental  losses.  This  as- 
sertion is  not  the  less  true  because  it  may  not 
at  first  be  palpable.  Their  receipts  will  be  in 
large  sums,  but  their  payments  in  small  ones. 
The  governments  of  the  States  will  receive  seven 
dollars,  for  which  the  people  of  the  "tates  will  pay 
eight.  The  large  sums  received  will  be  palpable 
to  the  senses ;  the  small  sums  paid,  it  requires 
thought  to  identify.  But  a  little  consideration 
will  satisfy  the  people  thattheellect  is  the  same 
as  if  seven  hundnsd  dollars  were  given  them  from 
the  public  treasury,  for  which  they  were  at  the 
same  time  reciuired  to  pay  in  taxes,  direct  or  in- 
direct, eight  hundred. 

"  1  deceive  myself  greatly  if  the  new  States 
would  find  their  interests  promoted  by  such  a 
system  as  this  bill  proposes.  Their  true  policy 
consists  in  the  rapid  settling  and  imj)rovement 
of  the  waste  lands  within  their  limits.  As  a 
means  of  hastening  those  events,  they  have  long 
been  looking  to  a  reduction  in  the  price  of  public 
lands  ujTOn  the  final  payment  of  the  national 
debt.  The  efl'ect  of  the  proposed  syctem  would 
be  to  prevent  that  reduction.  It  is  true,  the  bill 
reserves  to  Congress  the  power  to  reduce  the 
price,  but  the  efl'ect  of  its  details,  as  now  ar- 
ranged, would  probably  be  forever  to  prevent  its 
exercise. 

"With  the  just  men  who  inhabit  the  new 
States,  it  is  a  sufficient  reason  to  reject  this 
system,  that  it  is  in  violation  of  the  fundamental 
laws  of  the  republic  and  its  constitution.  But 
if  it  were  a  mere  question  of  interest  or  expe- 
diency, they  would  still  reject  it.  They  would 
not  sell  their  bright  prospect  of  increasing  wealth 
and  growing  power  at  such  a  price.  They 
would  not  place  a  sum  of  money  to  be  paid  into 
their  treasuries,  in  competition  with  the  settle- 
ment of  their  waste  lands,  and  the  increase  of 
their  population.  They  would  not  consider  a 
small  or  large  annual  sum  to  be  paid  to  their 
governments,  and  immediately  expended,  as  an 
equivalent  for  that  enduring  wealth  which  is 
composed  of  flocks  and  herds,  and  cultivated 
farms.    No  temptation  will  allure  them  from 


-J^ 


that  object  of  abiding  interest,  the  Hettlemcnt  of 
their  waste  lands,  and  the  increase  of  a  hardv 
race  of  free  citizens,  their  glory  in  peace  and 
their  defence  in  war. 

"  On  the  whole,  I  adhere  to  the  opinioji  ex- 
pressed by  me  in  my  annual  message  of  1 8;i2 
that  it  is  our  true  policy  that  the  public  lands 
sliall  cease,  as  soon  as  practicable,  to  be  a  source 
of  revenue,  except  for  the  payment  of  those  gen- 
enil  charges  which  grow  out  of  the  acquisition 
of  the  lands,  their  survey,  and  sale.  Although 
these  expenses  have  not  been  met  by  the  j)ro- 
ceeda  of  sales  heretofore,  it  is  quite  certain  they 
will  be  hereafter,  even  after  a  considerable  reduc- 
tion in  the  price.  By  meeting  in  the  tn-asury  so 
much  of  the  general  charge  as  arises  from  that 
source,  they  will  be  hereafter,  as  they  have  l)ecn 
heretofore,  disposed  of  for  the  conmion  bene- 
fit of  the  United  States,  according  to  tue  coin- 
pacts  of  cession.  I  do  not  doubt  that  it  is  the 
real  interest  of  each  and  all  the  States  in  the 
Union,  and  particularly  of  the  new  States,  that 
the  price  of  these  lands  shall  be  reduced  and 
graduated;  and  that,  after  they  have  been  ofl'ir- 
ed  for  a  certain  number  of  j'cars,  the  refuse,  re- 
maining unsold,  shall  be  abandoned  to  the  States 
and  the  machinery  of  our  land  system  entirely 
withdrawn.  It  cannot  be  supposed  the  coin- 
pacts  intended  that  the  United  States  should 
retain  forever  a  title  to  lands  within  the  States, 
which  are  of  no  value ;  and  no  doubt  is  en- 
tertained that  the  general  interest  would  \m 
best  promoted  by  surrendering  such  lands  to 
the  States. 

"  This  plan  for  disposing  of  the  public  lamls 
impairs  no  principle,  violates  no  compact,  and 
deranges  no  sj'stem.  Already  has  the  price  of 
those  lands  been  reduced  from  two  dollars  per 
acre  to  one  dollar  and  a  quarter ;  and  upon  tiio 
will  of  Congress,  it  depends  whether  there  shall 
be  a  further  reduction.  While  the  burdens  of 
the  East  are  diminishing  by  the  reduction  of  the 
duties  upon  imports,  it  seems  but  equal  justice 
that  the  chief  burden  of  the  West  should  bu 
lightened  in  an  equal  degree  at  least.  It  would 
be  just  to  the  old  States  and  the  new,  conciliate 
every  interest,  disarm  the  subject  of  all  its  dan- 
gers, and  add  another  guaranty  to  the  perpetu- 
ity of  our  happy  Union." 

Statement  respecting  the  revenue  derived  from 
the  public  7a«(/s,  accompanying  the  I^rcsi- 
denVs  Message  to  the  Senate,  December  4M, 
1833,  stating  his  reasons  for  not  approving 
the  Ijand  Bill : 

Statement  of  the  amount  of  money  which  has 
been  paid  by  the  United  States  for  the  title  to 
the  public  lands,  including  the  payments  made 
under  the  Louisiana  and  Florida  treaties;  the 
compact  with  Georgia ;  the  settlement  with  the 
Yazoo  claimants;  the  contracts  with  the  Indian 
tribes ;  and  the  expenditures  for  comiiensaticn 
to  commissioners,  clerks,  surveyors,  and  otlier 
officers,  employed  by  the  United  States  for  tho 


ANNO  1833.     ANDREW  JACKSON,  IMlESTni^NT. 


369 


\e  settlcmput  of 
aso  of  a  hardy 
■y  in  peace  and 

Uic  opinion  cx- 
lU'Hsape  of  \K\2, 
the  public  lands 
lie,  to  be  a  so\iicc 
icnt  of  those  pen- 
iftho  acquisition 

sale.    AUhouph 

niet  by  the  pro- 
rinite  certain  they 
onsidcrable  rcdiio- 
in  the  treasury  so 
i  arises  from  that 

as  they  have  been 
he  common  bene- 
rding  to  tae  com- 
oiibf  that  it  is  tl\c 

the  States  in  the 
ic  new  States,  that 
all  be  reduced  imd 
[u>y  have  been  o«i.r- 
eiirs,  the  refuse,  re- 
iidoned  to  the  States, 
and  system  entirely 

supposed  the  cum- 
nited  States  should 
1^  within  the  States, 
lud  no  doubt  i-'  en- 
il  interest  would  be 
cring  such  lands  to 

r  of  the  public  lands 
tes  no  compact,  iu\d 
owly  has  the  price  of 
■from  two  dollars  per 
Liter;  and  upon  the 
8  whether  there  shall 
R' bile  the  burdens  of 
V  the  reduction  of  tlic 
;ma  but  equal  justice 
the  West  should  be 
he  at  least.    It  would 
Ind  the  new,  conciliate 
subject  of  all  its  daii- 
'iranty  to  the  pcrpetu- 


Irevenue  derived  from 
Kpanying  the  I'rcsv- 
Senate,  December  Mh, 
Ins  for  not  approving 

Lt  of  money  which  has 
rstates  for  the  title  t^ 
\  the  payments  maje 
■'Florida  treaties;  the 
L  settlement  with  the 
Itracts  with  the  Indian 
lures  for  compensation 

surveyors,  i^"^!  «;'£ 
.United  States  for thft 


manapcment  and  sale  of  the  Western  doiimin  ; 
the  gross  amount  of  money  received  into  the 
treasury,  as  the  proceeds  of  public  lands,  to  the 
30th  of  SeptemlxT,  18.'52;  also,  the  net  amount, 
after  dedueting  five  jH-r  cent.,  expended  on  ac- 
count of  roads  within,  and  leading  to  the  West- 
ern States,  Ac,  and  sums  refunded  on  account 
of  errors  in  the  entries  of  public  lands. 

Payment  on  account  of  the  purchase  of  Louis- 
iana: 

PrlnHpnl. |l4,ns4,S72  2S 

Ijitt.riMton  |lt,25(),O00         H,.V.'lVt.W  4:» 

123,614,225  Tl 

Payment  on  account  of  the  purchase  of  Florida: 

rrinollMl, »4,!)S.'i,.'.n!)  S2 

lulcru.st  to  HOtli  Sfpteinbisr,  1832,  l,48«,7(i.S  «« 

$0,475,303  4H 

Pnyniont  of  compact  with  fl»or(fl«,  .  -  .  .  I,mj,'),l84  OB 
i'Hyiiient  of  tlio  Huttleiiient  witli  tliu  Yiuoo 

cl«lmanl^ 1,830,808  04 

rftvriieiiti)f  cimtrads  with  t!..i<evcnil  Inilliiti 

tribes  (III!  i'.\|K'nsi'!i  on  lu'.coiint  of  Indiiitis),      13,004,077  45 
I'ayinciit  at  coiniiil-^liiners,  cWrk-s  iinil  iilliur 

oIlli'tTs,  t'lnployi'd  by  tlio    llnllc(l  Stall's  for 

tlio  inaiiH);eMu-iit  aiul  snin  of  tho  Western 

(luuiahi, 3,760,710  43 

$49,701,280  17 

Amnunt  of  money  received  Into  tho  treasury 
»»  thti  proceoiW' of  public  lundx  to  30th  Sui>- 
teinber,  1882, $39,614,000  07 

Dediivt  payintintH  from  tho  trvatiury  on  ac- 
count of  roads,  4c.,    1.227,375  94 

$8a,380,(>24  18 

T.  L.  Smith,  Jieg. 
Trf.asury  Department, 
Register's  Office,  Mavck  1,  1833, 

Such  was    this    ample    and  wcU-considcrcd 
message,  one  of  the  wisest  and  most  patriotic 
ever  delivered  by  any  President,  and  presenting 
General  Jackson  under  the  aspect  of  an  immense 
elevation  over  the  ordinary  arts  of  men  who  run 
a  popular  career,  and  become    candidates  for 
popular  votes.    Such  arts  require  addresses  to 
popular  interests,  the  conciliation  of  the  interest- 
ed passions,  the  gratification  of  cupidity,  the 
favoring  of  the  masses  in  the  distribution  of 
money  or  property  as  well  as  the  enrichment  of 
classes  in  undue  advantages.     General  Jackson 
exhibits  himself  as  equally  elevated  above  all 
these  arts — as  fiir  above  seducing  the  masses 
with  agrarian  laws  as  above  enriching  the  few 
with  the  plundering  legislation  of  banks  and 
tariffs ;  and  the  people  felt  this  elevation,  and 
did  honor  to  themselves  in  the  manner  in  which 
they  appreciated  it.    Far  from  losing  his  popular- 
ity, he  increased  it,  by  every  act  of  disdain 
which  he  exhibited  for  the  ordinary  arts  of  con- 
ciliating popular  favor.     His  veto  message,  on 
I  this  occasion  was  an  exemplification  of  all  the 

Vol.  I.— 24 


higli  qualities  of  the  public  man.  lie  sat  out 
with  showing  that  thest!  lands,  so  far  as  they 
were  divided  from  the  States,  were  granted  as 
a  common  fund,  to  be  di«po.sod  of  for  the  benefit 
of  all  tho  States,  a.^cording  to  their  usual  respect- 
ive proportions  in  the  general  charge  and  ex- 
penditure, and  for  no  other  use  or  purpose  what- 
soever ;  and  that  by  tho  principles  of  our  gov- 
ernment and  sound  policy,  those  acquired  from 
foreign  governments  could  only  bo  dispo.sed  of 
in  the  same  manner.  In  addition  to  these  great 
reasons  of  jtrinciple  and  policy,  the  message 
clearly  points  out  the  mischief  which  any  scheme 
of  distribution  will  inflict  upon  the  new  States 
in  preventing  reductions  in  tho  price  of  the 
public  lands — in  preventing  donations  to  settlers 
— and  in  preventing  the  cession  of  the  unsalable 
lands  to  the  States  in  which  they  lie ;  and  re- 
curs to  his  early  messages  in  support  of  the 
policy,  now  that  the  public  debt  was  paid,  of 
looking  to  settlement  and  population  as  tho  chief 
objects  to  be  derived  from  these  lands,  and  for 
that  purpose  that  they  be  sold  to  settlers  at  cost. 


CHAPTER    XCI. 

COMMENCEMENT  OF  THE  TWENTY-TIIIP.D  CON- 
GUESS.— TUE  MEMBEUS,  AND  PUKSIUENTS  MES- 
SAGE. 

On  the  second  day  of  December,  1833,  com- 
menced the  first  session  of  the  Twenty-third 
Congress,  commonly  called  the  Panic  session — 
one  of  the  most  eventful  and  exciting  which  tho 
country  had  ever  seen,  and  abounding  with  high, 
talent    The  following  is  the  list  of  members : 

SENATE. 

Maine — Peleg  Sprague,  Ether  Shepley. 

New  Hampshire — Samuel  Bell,  Isaac  Hilll. 

Massachusetts — Daniel  Webster,  Nathaniel' 
Silsbec. 

Rhode  Island — Nehemiah  R.  Knight,  Asher 
Robbins. 

Co.nnf.cticut — Gideon  Tonilinson,  Nathan 
Smith. 

Vermont — Samuel  Prentiss,  Benjamin  Swift. 

New  York— Silas  Wright,  N.  P.  Tallmadge. 

New  .Jeusev — Theodore  Frelinghuysen,  S.  L. 
Southard. 

Pennsvlvania — William  Wilkins,  Samuel 
McKean. 

Delaware — John  M.  Clayton,  Arnold  Niaur- 
daiu. 


■i^tahmm-' 


^aiJKPiiSp', 


370 


TiniiTY  YKAIIS-  VFKW. 


II  <f 


•I 


yf /'I 


.}   ,  ..ai.tiy 


Mauvland — E/A'kic'l  F.  Chanilu-rM,  JoHt-ph 
Kent. 

ViuciNiA— Win.  C.  Rivfs,  John  Tylor. 

NoiiTH  Cahoi.ina — Jk'dford  Urown,  AV.  P. 
Mnnpnn. 

South  Cakolina — J.  C.  Culhoiin,  William 
C.  Prc'Hton. 

(Jr.oKciA— John  Forsyth,  John  P.  Kin;?. 

Kkmtc  Kv — (loor;;(!  M.  Kihh,  Ili'nry  ri:iy. 

TiiNNKssKK. — Felix  (liniidy,  llnfj;li  L.  White. 

Oirio — 'I'lioinas  Kwinp,  Tliomiis  MoriiH. 

Louisiana — (I,  A.  Waggunmn,  Aloxandor 
Porter, 

Indiana — Wm.  TTciuhicks,  John  Tijiton. 

Mississii'i'i — (}eor;re  Poindcxter,  John  Ulack. 

Illinois — Klias  K.  Kane,  Jolin  M.  Uohinson. 

Alaua.ma — William  K.  Kinfj,  fJabriel  Moore. 

MissoUKi — Thomas  II.  Henton,  Lewis  F.  Linn. 


noUSK  ()!■'  UKI'KKSEN'TATIVES. 

Maine — fleorp'  Evans,  Joseph  Hall,  I^eonnrd 
Jarvis,  Edwaid  Kavanaiih,  Moses  Mason,  Rufiis 
McTntyie,  (Joiham  Parks,  Francis  ().  J.  Smith. 

Nkw  IlAMrsiMur, — Henning  M.  Bean.  Uobert 
Burns,  Joseph  JI.  Harper,  Ileniy  Hubbard, 
Franklin  Pierce. 

Massacihsktts — .John  Qiiincy  Adams,  Isaac 
C.  Bates,  William  Baylies,  (Jeorpe  N.  Bripgs, 
Kiifiis  Choate,  John  Davis,  Edwarrl  Everett, 
Benjamin  (Jorliam,  (JeorgeOrennell,  jr.,  Gayton 
P.  (isgood.  John  Heed. 

Riioui:  Island — Tristam  Burges,  Dutea  J. 
Pearce. 

CoNNKrTiruT — \03-es  Barber,  William  W. 
Ellsworth,  Samuel  A.  Foot,  Jaboz  W.  Hunting- 
ton, Samuel  Tweedy,  Ebenezcr  Young. 

VnuMONT — Heman  Allen,  Benjamin  F.  Dem- 
ing.  Horace  Everett,  Ililand  Hall,  William  Slade. 

New  York — Joini  Adams.  Samuel  Beardsley, 
Abraham  Bockee,  Charles  Bodle,  John  W. 
Browni.  Churchill  C.  Cambrelcng,  Samuel  Clark, 
John  Cramer,  Itowland  Dav,  John  Dickson, 
Millard  Fillmore,  Philo  C.  Fuller,  William  K. 
B'uller,  Ransom  H.  fiillet,  Nicoll  Halsey,  Gideon 
Hard,  Samuel  C.  Hathaway,  Abncr  Ilazeltino, 
Edward  Howell,  Abel  Huntington,  Noadiah 
Johnson,  Gerrit  Y.  Lansing,  Cornelius  AY.  Law- 
rence, George  AY.  Lay,  Abijah  Mann,  jr.,  Henry 
C.  Martindale,  Charles  McVean,  Henry  Mitchell, 
Sherman  Page,  Job  Pierson,  Dudley  Selden, 
AA'^illiam  Taylor.  Joel  Turrill,  Aaron  A'anderpoel, 
Isaac  B.  A\an  lloutcu,  Aaron  AYard,  Daniel 
AYardwell,  Reuben  Whallon,  Campbell  P.  AYliitc, 
Frederick  AYhittlesey. 

New  JEnsr.v — Philemon  Dickerson,  Samuel 
Fowler,  Thomas  Lee,  James  Parker,  Ferdinand 
S.  Sche.ick,  AYilliam  N.  Shinn. 

Pennsylvania — Joseph  B.  Anthony,  John 
Banks,  Charles  A.  Barnitz,  Andrew  Beaumont, 
Horace  Biniiey.  George  Burd.  George  Cham- 
bers, AYilliam  Clark,  Richard  Coulter,  Edward 
Darlington,  Harm;ir  Denny,  John  Galbraith, 
James  Harper,  Samuel  S.  Harrison,  AA'^illiam 
Hicster,  Joseph  Henderson,  Henry  King,  John 


Laporte,  Joel  K.  Munn,  Thomas  ]M.  T.  MeKennan 
Jesse  Miller,  Henry  A.  Muhlenberg,  David 
Potts,  jr.,  Robert  IJain.say,  Andrew  Stewart 
Joel  B.  Sutherland,  David  E.  AYagener,  John  G. 
AYatmough. 

Dr.LAWAKK, — .John  J.  Milligan. 

Makvlani) — Richard  B.  Cnrmichael,  Littleton 
P.  Dennis,  James  P.  Heath,  William  (Jost.Fohn- 
son,  Isaac  iSIcKim,  John  T.  Stoddert,  Francis 
Thomas,  James  Turner. 

VimuNiA — .lohn  J.  Allen,  AA'illiam  S.  Arclu  r. 
James  M.  II.  Bealc,  Thomas  T.  Bouldtn,  Joscpli 
AY.  Chiiin,  Nathaniel  H.  Claiborne,  Thipiims 
Davenport,  John  II.  Fulton,  James  II.  TihoLsdii, 
AYilliam  F.  Gordon,  George  Loyall,  Edward 
Lucas,  Jolin  Y.  Mason,  AA'illiam  JleCoinus. 
Charles  F.  Mercer,  Samuel  McDowell  ^looie 
John  M.  Patton,  Andrew  Stevenson,  AYilliani 
P.  Taylor,  Edgar  C.  AYilson.  Henry  A.  AYise. 

NoiiTii  Carolina — Daniel  L.  Barringer,  Je.^so 
A.  Bynum,  Henry  A\^  Connor,  Edmund  Debcny 
James  G'raham,  Thomas  11.  Hall,  Micajali  t. 
Hawkins,  James  J.  McKay,  Abraham  Reiielicr, 
AYilliam  B,  Shepard,  Augustine  H.  Shopjicnl 
Jesse  Speight,  Lewis  AVilliams. 

SoL'Tn  Carolina — James  Blair,  AA'illiani  K. 
Clowiuy,  AYarren  R.  Davis,  John  M.  Feldcr 
AYilliam  J.  Cirayson,  -lohn  K.  Griflin,  George 
McDiiffie,  Henry  L.  Pinckney. 

Gkoucia — Augustine S.  Clayton,  JohnCoirec 
Thomas  F.  Foster,  Roger  L.  Gamlile,  George  1!, 
Gilmer,  Seaborn  Jones,  AYilliam  Schley,  James 
M.  AYayne,  Richard  11.  AYilde, 

Ken  rr(  kv — Chilton  Allan,  Martin,  Beaty, 
Thomas  Chilton,  Amos  Davis,  Benjamin  Ilanljn, 
Albert  G.  Hawes,  Richard  M.  Johnson,  Janus 
Love,  Chittenden  Lyon,  Thomas  A.  Marshall, 
Patnck  II.  Pope,  Christopher  Tompkins. 

Tennessee — John  Bell,  John  Blair,  Samuel 
Bunch,  David  Crockett,  David  AY.  Dickinson, 
AYilliam  C.  Dunlap,  John  B.  Forester,  AA'illiam 
31.  Inge,  Cave  Johnson,  Luke  Lea,  Balie  Peyton, 
James  K.  Polk,  James  Standifer. 

Ohio — AYilliam  Allen,  James  M.  Bell,  John 
Chancy,  Thomas  Corwin,  Jo.seph  IL  Crano. 
Thomas  L.  Hamer,  Benjamin  Jones,  Henry  IL 
Lcavitt,  Robert  T.  Lytic,  Jeremiah  McLean. 
Robert  Mitchell,  AYilliam  Patterson,  Jonathan 
Sloaiie,  David  Spangler,  John  Thom.son,  Joseph 
A'ance,  Samuel  F.  A'inton,  Taylor  AA\'bstor, 
Elisha  AYhittlesey. 

Louisiana — Philemon  Thomas,  Edward  D. 
AYhite. 

Indiana — Ratliff  Boon,  John  Carr,  John 
Ewing,  Edward  A.  Hannegan,  George  L.  Kiii- 
nard,  Amos  Lane,  Jonathan  McCarty. 

Mississippi — llarryCage,  Franklin  E,  Plunior. 

Illinois — Zadok  Casey,  Joseph  Duncan. 
Charles  Slade. 

Alabama — Clement  C.  Clay,  Dixon  II.  Lewi?. 
Samuel  AY.  Mardis,  John  Mckinley,  John  Jlur- 
phy. 

JIissouRi — AYilliam  H.  Ashlejy,  John  Bull. 

Lucius  Lyon  also  appeared  as  the  delegate  from 
the  territory  of  Michigan. 


aiK 
aftt 
on  t 

Tl 

proiiii 

servai 

more 

niciit  : 

debt 

the  pr 

cvpenc 

eeonon 

and  th 

that 

friends 

governi 

'Bui 

ther  re( 
provide 
"?stly  a 
importa 


ibhi 


I.  T.  Mf'Konnan. 
loubertr,  Bftviil 
ndrcw  Stewart, 
at^cncr,  John  (). 

nicbacl,  T>ittlrton 
lliiuu  Cost.Iolni- 
;tod«lcrt,  Francis 

rillmm  S.  ArrluT. 
.llouUUn,  .los.iih 
aibornc,  Thniuas 
iinn'P  ll.fiholHin, 

Loyall,   Kdwavd 
'iUiam  McCouuis. 
McT)o\veU  Moon-, 
U'VOUKon,  AVilliain 
llcnrv  A.  Wise. 
L.Bivrvii)pt-'r,JcPso 
•  Kdnminl  Debcvry, 
.'  Hall,  Micajali  T. 

Abraham  Uciuhor. 
slinc  II.  ShciipiTd, 

ns. 

i  Bhiir,  William  K. 
,  John  M.  VV'ldi'r, 
k.  Grilhn,  (icors*. 

CVt 

Mavton,  Jobn  Coifw, 
,  (iamhle,  C.covp- U. 
lUiam  Schley,  James 

llan,  :Martin  ^^'^[Y^ 
■is  Benjamin  llavdiu, 

M.  Johnson.  James 
'homas  A.  Marshall, 

,cr  Tompkins. 

John  Bhiir,  Samuel 
iJavid  W.  Dickinson, 
jB  Forester,  William 
ike  l.oa,Balie  Peyton, 

\ndifer. 

James  M.  Bell  Jolm 
Joseph  n.  Crane, 
"nin  Jones,  Henry  11. 
.  Jeremiah  McLean, 
I 'Patterson,  Jonathan 
ohn  Thomson  Joseph 
»n,    Taylor  Webster, 

iThomas,  Edward  P. 

I,     John    Carr,   John 

Icgan,  acorgc  L.  Km- 

TanMcCarty. 
ieFrankhnE.Plumer, 

[ey,    Joseph    Duncan, 

Clay,  R-^'^^"  "-Jthir' 
McKinlcy,  John  Mur- 

Ashley,  John  Bull. 
.edasthUelcgatcfrom 


ANNO  1833.    ANDREW  JACKSON,  PRKSIDKNT. 


371 


Aiiibrosf  H.  Sevier  also  appeared  ...  the  dele- 
pate  from  tlie  territory  of  Arkan.sas, — Joseph 
M.  White  from  Fioiidii. 

Mr.  Andrew  Stevenson,  who  had  been  chosen 
Speaker  of  the  House  for  tlie  three  succeeding 
Congresses,  w.is  re-elected  by  a  great  majority 
— indicatiii};  the  administration  strength,  and 
his  own  popularity.  The  annual  message  was 
immediately  sent  in,  and  presented  a  gratifying 
view  of  our  foreign  relations — all  i.ations  being 
in  peace  and  amity  with  us,  and  many  giving 
fresh  proofs  of  fricDdship,  either  in  new  treaties 
formed, or  indemnities  made  for  previous  injuries. 
The  state  of  the  finances  was  then  adverted  to, 
and  shown  to  be  in  the  most  favorable  condition. 
The  me.s.sage  said : 

'•It  gives  me  great  pleasure  to  congratulate 
you  upon  the  prosperous  condition  of  the  finan- 
ces of  the  country,  as  will  appear  from  the  report 
which  the  Secretary  of  the  Treasury  will,  indue 
time,  lay  before  you.  The  receipts  into  the 
Tri-'usury  during  the  present  year  will  amount 
to  more  than  thirty-two  millions  of  dollars. 
The  reveime  derived  from  customs  will,  it  is  be- 
lieved, be  more  than  twenty-eight  millions,  and 
the  jjublic  lands  will  yield  about  three  millions. 
Tlie  expenditiires  within  the  ycnr,  for  all  objects, 
including  two  millions  five  hundred  and  seventy- 
two  thousand  two  hundred  and  forty  dollars 
and  ninety-nine  cents  on  account  of  the  public 
debt,  will  not  amount  to  twenty-five  millions, 
and  a  large  balance  will  remain  in  the  Treasury 
after  satisfying  all  the  appropriations  chargeable 
on  the  revenue  for  the  present  year." 

The  act  of  the  last  session,  called  the  "  com- 
promise," the  President  recommended  to  ob- 
servance, "  unless  it  .should  be  found  to  produce 
more  revenue  than  the  necessities  of  the  govern- 
ment required."  The  extinction  of  the  public 
debt  presented,  in  the  opinion  of  the  President, 
the  proper  occasion  for  organizing  a  system  of 
expenditure  on  the  principles  of  the  strictest 
economy  consistent  with  the  public  interest; 
and  the  passage  of  the  message  in  relation  to 
that  point  was  particularly  grateful  to  the  old 
friends  of  an  economical  administration  of  the 
government.    It  said: 

'But,  while  I  forbear  to  recommend  any  fur- 
ther reduction  of  the  duties,  beyond  that  already 
provided  for  by  the  existing  laws,  I  mu.«t  ear- 
"?stly  and  respectfully^  press  upon  Congress  the 
imiwrtance  of  abstaining  from  all  appropriations 
which  are  not  absolutely  required  for  the  public 
interests,  and  authorized  by  the  powers  clearly 
delegated  to  the  United  States.    We  are  begin- 


ning a  new  era  in  our  government.  The  imtional 
debt,  which  has  so  long  been  a  burden  on  the 
Treasury,  will  Ik'  liiialiy  disehargedin  the  course 
of  the  ensuing  vear.  No  moie  money  will 
afterwards  Ix'  needed  than  what  may  be  necissary 
to  meet  the  ordinary  expenses  of  the  govermnent. 
Now  then  is  the  i)roper  moment  to  fix  oiu-  sys- 
tem of  expenditure  on  (inn  and  durable  prin- 
ciples ;  and  I  caimot  too  strongly  urge  the 
necessity  of  a  rigid  economy,  and  an  inflexible 
determination  not  to  eidarge  the  income  beyond 
the  real  necessities  of  the  government,  ancl  not 
to  increa.se  the  wants  of  the  government  by 
unnecessary  and  profuse  expenditures.  If  a 
contrary  course  should  be  |)ursued,  it  may  hap- 
pen that  the  revenue  of  1834  will  fall  short  of 
the  demands  upon  it ;  and  after  reducing  the 
tariff  in  order  to  lighten  the  burdens  of  the 
people,  and  providing  for  a  still  further  reduction 
to  take  effect  hereafter,  it  would  be  much  to  bo 
deplored  if,  at  the  end  of  another  year,  we  .should 
find  our.selves  obliged  to  retrace  our  steps,  and 
impo.se  additional  taxes  to  meet  unnecessary 
expenditures." 

The  part  of  the  message,  however,  which  gave 
the  paper  uncommon  emphasis,  and  caused  it  to 
be  received  with  opposite,  and  violent  emotions 
by  different  parts  of  the  comnnmity,  was  that 
which  related  to  the  Bank  of  the  United  States — 
its  believed  condition — and  the  con.sefpjent  re- 
moval of  the  public  deposits  from  its  keeping. 
The  deposits  had  been  removed — done  in  vaca- 
tion by  the  order  of  the  President — on  the 
ground  of  insecurity,  as  well  as  of  misconduct 
in  the  corporation :  and  as  Congress,  at  the  i)re- 
vious  session  had  declared  its  belief  of  their  safe- 
ty, this  act  of  the  President  had  already  become 
a  point  of  vehement  newspaper  attack  upon  him 
— destined  to  be  ctmtinued  in  the  halls  of  Con- 
gress. His  conduct  in  this  removal,  and  the 
reasons  for  it,  were  thus  communicated : 

"  Since  the  last  adjournment  of  Congress,  tlie 
Secretary  of  the  Treasury  has  di'ccted  the 
money  of  the  United  States  to  be  deposited  in 
certain  State  banks  designated  by  him,  and  he 
will  immediately  lay  before  you  his  reasons  for 
this  direction.  I  concur  with  him  entirely  in 
the  view  he  has  taken  of  the  subject ;  and,  some 
months  before  the  removal,  I  urged  upon  the  de- 
partment the  propriety  of  taking  that  step.  The 
near  approach  of  the  day  on  which  the  charter 
will  expire,  as  well  as  the  conduct  of  the  bank, 
appeared  to  me  to  call  for  this  measure  upon  the 
high  considerations  of  public  interest  and  public 
duty.  The  extent  of  its  misconduct,  however, 
although  known  to  be  great,  was  not  at  that 
time  fidly  developed  by  proof.  It  was  not  until 
late  in  the  month  of  August,  that  I  received 
from  the  government  directors  an  official  report, 


■  ■r 


^i4WBia^*ifck> 


372 


nilRTY  YEAR8'  VIEW. 


i    ,*>^ 


I  -ii 


yliliiii 


pptaMiHliinj?  Itcyoml  qiiostion  that  thiH  great  ixml 
nowerliil  institution  had  been  actiTcly  I'liguged 
m  ntU'\u]mti  to  infliioncc  the  elections  of  the 

[)iiJ)lic  (ifllciTH  tiy  means  of  its  money;  ami  tliat, 
n  violntion  of  the  express  provisions  tif  its  char- 
ter, it  liad,  by  a  formal  resolution,  pluoed  its 
funds  nt  the  disposition  of  its  President,  to  he 
employed  in  sustaining  the  political  power  of  the 
hank.  A  copy  of  this  resolution  is  contained  in 
th'-  rejKjrt  of  the  povernment  directors,  before 
referred  to ;  ami  however  the  object  may  be  dis- 
puised  by  cautious  language,  no  one  can  doubt 
that  this  money  was  in  truth  intended  for  elec- 
tioneering purposes,  and  the  particidar  uses  to 
which  it  was  proved  to  have  lK>en  applied,  abun- 
dantly show  that  it  was  so  imderstood.  Not 
only  was  the  evidence  complete  as  to  the  past 
application  of  the  money  and  power  of  the  bank 
to  electi<(iiecring  purposes,  but  that  the  resolu- 
tion of  the  board  of  directors  authorized  the 
same  course  to  be  pursued  in  future. 

"  It  being  thus  established,  by  unquestionable 
proof,  that  the  Bank  of  the  United  States  was 
converted  into  a  permanent  electioneering  engine, 
it  appeareil  to  me  that  the  path  of  duty  which 
the  Kxx'cutivo  department  of  tho  government 
ought  to  pursue,  was  not  doubtful.  As  by  the 
terms  of  the  bank  charter,  no  officer  but  the 
Secretary  of  the  Treasury  could  remove  the  de- 
posits, it  seemed  to  me  that  this  authority 
ought  to  be  at  once  exerted  to  deprive  that  great 
c  )ri)oration  of  the  support  and  countenance  of 
the  government  in  such  a  use  of  its  funds,  and 
8uch  an  exertion  of  its  power.  In  this  point  of 
the  case,  the  question  is  distinctly  presented, 
whether  the  people  of  the  United  States  are  to 
govern  through  representatives  chosen  by  their 
unbiassed  sult'rages,  or  whether  the  money  and 
power  of  a  great  corporation  are  to  be  secretly 
exerted  to  influence  their  judgment,  and  con- 
trol their  decisions.  It  must  now  be  determin- 
ed wliether  the  bank  is  to  have  its  candidates 
for  all  offices  in  the  country,  from  the  highest  to 
the  lowest,  or  whether  candidates  on  both  sides 
of  political  questions  shall  be  brought  forward 
as  heretofore,  and  supported  by  the  usual  »neans. 

"  At  this  time,  the  efforts  of  the  bank  to  con- 
trol public  opinion,  through  the  distresses  of 
some  and  the  fears  of  others,  are  equally  appar- 
ent, and,  if  possible,  more  objectionable.  By  a 
curtailment  of  its  accommodations,  more  rapid 
than  any  emergency  requires,  and  even  while  it 
retains  specie  to  an  almost  unprecedented  amount 
in  its  vaults,  it  is  attempting  to  produce  great 
embarrassment  in  one  portion  of  the  community, 
while,  through  presses  known  to  have  been  sus- 
tained by  its  money,  it  attempts,  by  unfounded 
alarms,  to  create  a  panic  in  all. 

"  These  are  the  means  by  which  it  seems  to 
expect  that  it  can  force  a  restoration  of  the  de- 
posits, and,  as  a  necessary  consequenco,  extort 
from  Congress  a  renewal  of  its  charter.  I  am 
happy  to  know  that,  through  the  good  sense  of 
our  people,  the  effort  to  get  up  a  panic  has 


hitherto  failed,  and  that,  through  tho  increased 
arconmiodations  which  the  State  banks  have 
iK'eii  enabled  to  atlbrd,  no  public  distress  has 
followed  the  exertions  of  the  bank  ;  and  it  can- 
not be  doubted  that  tho  exercise  of  its  power, 
and  the  exftenditure  of  its  money,  as  well  as  its 
eflbrts  to  siircad  groundless  alarm,  will  be  niei 
and  ivbukeu  as  they  deserve.  In  my  own  sphere 
of  duty,  I  should  feel  myself  called  on,  by  the 
facts  disclosed,  to  order  a  achr  Jiiriutt  against 
the  bank,  with  a  view  to  put  an  end  to  the  char- 
tered rights  it  has  so  palpablv  violated,  were  it 
not  that  the  charter  itself  will  expire  as  soon  as 
a  decision  would  probably  be  obtained  from  tho 
court  of  last  resort. 

"  I  called  tho  attention  of  Congress  to  this 
subject  in  my  last  annual  message,  and  informed 
them  that  such  measures  as  were  within  the 
reach  of  the  Secretary  of  the  Treasury,  had  been 
taken  to  enable  him  to  judge  whether  the  pub- 
lic deposits  in  the  Bank  of  the  United  States 
were  entirely  safe ;  but  that  as  his  single  poweiH 
might  be  inadequate  to  the  object,  1  recom- 
mended the  subject  to  Congress,  as  worthy  of 
their  serious  investigation :  declaring  it  as  my 
opinion  that  an  inquiry  into  the  transactions  of 
that  institution,  embracing  the  branches  as  well 
as  the  principal  bank,  was  called  for  by  the  credit 
which  was  given  throughout  the  country  to 
many  serious  charges  impeaching  their  chamcter, 
and  which,  if  true,  might  justly  excite  the  uj)- 
prehension  that  they  were  no  longer  a  safe  de- 
pository for  the  public  money.  The  extent  to 
which  the  examination,  thus  recommended,  was 
gone  into,  is  spread  upon  your  journals,  and  is 
too  well  known  to  require  to  be  stated.  Such 
as  was  made  resulted  in  a  report  from  a  major- 
ity of  the  Committee  of  Ways  and  Means,  touch- 
ing certain  specified  points  only,  concluding  witli 
a  resolution  that  the  government  deposits  mi^ht 
safely  be  continued  in  the  Bank  of  the  United 
States.  This  resolution  was  adopted  at  the  c'.ose 
of  the  session,  by  the  vote  of  a  majority  of  the 
House  of  Ilepresentatives." 

The  message  concluded  with  renewing  the  re- 
commendation, which  the  President  had  annually 
made  since  his  first  election,  in  favor  of  so 
amending  the  constitution  in  the  article  of  the 
presidential  and  vice-presidential  elections,  as 
to  give  the  choice  of  the  two  first  oflBcers  of  the 
government  to  a  direct  vote  of  the  people,  and 
that  "every  intermediate  agency  in  the  election 
of  those  officers  should  be  removed."  This  re- 
commendation, like  all  which  preceded  it,  remain- 
ed without  practical  results.  For  ten  year? 
committees  had  reported  amendments,  and  num- 
bers had  supported  them,  but  without  obtaining 
in  Congress  the  requisite  two  thirds  to  refer  the 
proposition  of  amendment  to  the  vote  of  the 


ANNO  1883.    ANDREW  JACKSON,  PIIFSIDLXT. 


373 


li  the  imToaso<l 
lite  bankB  havo 
)Uc  diHtix'Hh  has 
ink  ;  ttutl  it  cau- 
;iso  of  its  i)()Wi;r, 
i-y,  art  well  ttH  itH 
nriu,  will  l>«  "'^i 
»  my  own  Hphevc 
called  on,  by  the 
,(■  J'aciuK  aguinst 
n  ontl  to  the  chai- 
r  violated,  were  it 
expire  as  soon  as 
obtained  from  the 

ConRrcsB  to  this 
(soRe,  and  informed 
j  were  within  the 
Treasury,  had  been 
.  whether  the  pub- 
"the  United  Status 
as  his  Hinple  powers 
e  object,  I    recoiu- 
icrcss,  as  worthy  ol 

declaring  it  a«  '"Y 
,  the  transactions  of 
tbe  branches  as  wc'h 
vUcdforby  the  credit 

out  the  country  to 
tching  their  character, 

justly  excite  the  uv 
no  longer  a  safe  Ue- 
,ney.    The  extent  to 
IS  recommended,  was 
your  journals,  ami  is 
'^to  be  stated.     Such 
report  from  a  major- 
ays  and  Means,  touch- 
only,  concluding  with 
■nment  deposits  mi^vh 
Uank  of  the  Lii.t.a 
as  adopted  at  the  close 

of  a  majority  of  the 


with  renewing  the  rc- 
Presidcnt  had  annually 
[ction,  in  favor  of  so 
V  in  the  article  of  the 
Isidential  elections,  as 
Lo  first  officers  of  the 

lote  of  the  people,  and 
agency  in  the  election 

le  removed."     This  re- 
lich  preceded  it,  remain- 

[suits.     For  ten  year? 
[amendments,  and  nuiu- 

l  but  without  obtttimnv 
I' two  thirds  to  refer  the 

L  to  the  vote  of  the 


pcoplo.    Three  causes  combined  always  to  pre- 
vent the  concurrence  of  that  majority :     1.  The 
conservative  spirit  of  many,  who  are  unwilling, 
iiiiiK-r  any  circumstancvs,  to  touch  an  existing 
institution.     2.  The  enemies  of  popular  elections, 
who  deem  it  unsafe  to  lodge  the  high  power  of 
the  presidential  election,  directly  in  tlie  '.lands  of 
tlic   people.      ;5.    The  intriguers,  who  wish   to 
manage  these  elections  fur  their  own   benelit, 
and  have  no  means  of  doing  it  exa-pt  through 
tlie  agency  of  intorniediatc  bodies.     The  most 
potent  of  these  agencies,  and  the  one  in  fact 
whicli  controls  all   the   others,  is  the  one  of 
latest  and   most    sjiontaneouH    growth,   called 
"conventions" — originally  adopted  to  siijjcrsede 
tlic  caucus  system  of  nominations,  but  which 
retains  all  the  evils  of  that  system,  and  others 
peculiar  to  itself.    They  are  still  attended  by 
inemhers  of  Congress,  and  with  less  responsi- 
bility to  their  constituents  than  when  acting  in 
a  Congress  caucus.    A  largo  proportion  of  the 
delegates  are  either  self-appointed  or  so  intri- 
guingly  appointed,  and  by  such  small  number.<), 
as  to  constitute  a  burlesque  upon  popular  repre- 
sentation.    Delegates  even  transfer  their  func- 
tions, and  make  proxies — a  prerogative  only  al- 
lowed to  peers  of  the  realm,  in  England,  in  their 
parliamentary  voting,  because  they  are  legisla- 
tors in  their  own  right,  and  represent,  each  one, 
himself,  as  his  own  constituent  body,  and  owing 
rosponsibility  to  no  one.    They  meet  in  taverns, 
the  delegates  of  some  of  the  large  States,  at- 
tended by  one  or  two  thousand  backers,  sup- 
plied with  money,  and  making  all  the  public  ap- 
pliances of  feasting  and  speaking,  to  conciliate 
or  control  votes,  which  ample  means  and  deter- 
mined zeal  can  supply,  in  a  case  in  which  a  per- 
sonal benefit  is  expected.    The  minority  rules, 
that  is  to  say,  baffles  the  majority  until  it  yields, 
and  consents  to  a  "compromise,"  accepting  for 
that  purpose  the  person  whom  the  minority  has 
held  in  reserve  for  that  purpose ;  and  this  mi- 
nority of  one  third,  which  governs  two  thirds, 
is  itself  usually  governed  by  a  few  managers. 
And  to  complete  the  exclusion  of  the  people  from 
all  efficient  control,  in  the  selection  of  a  presi- 
dential candidate,  an  interlocutory  committee 
is  generally  appointed  out  of  its  members  to 
act  from  one  convention  to  another — during  the 
whole  interval  of  four  years  between  their  period  - 
ical  assemblages — to  guide  and  conduct  the  pub- 


lic mind,  in  the  diflerent  States,  to  the  support  of 
the  jK-rson  on  whom  they  have  Hecretly  agreed. 
After  the  nomination  i.H  over,  and  the  election 
etlected,  the  managers  in  tlu'se  iioniitmtions 
openly  repair  to  tli(«  new  President,  if  they  havo 
been  successful,  and  demand  rewards  for  their 
labor,  in  the  shape  of  otllces  for  themselves  and 
connections.  This  is  the  way  that  presiih-ntial 
elections  r.re  now  made  in  the  I'nited  Stiites ; 
for,  a  ppity  nomination  is  an  election,  if  the 
party  is  strong  enough  to  make  it ;  and,  if  one 
is  not,  the  other  is;  for,  liotli  parties  act  alike, 
and  thus  the  mass  of  the  people  have  no  more 
part  in  selecting  the  person  who  is  to  bo  their 
President  than  the  subjects  of  hereditary  tnon- 
arehs  havo  in  begetting  the  child  who  is  to  rule 
over  them.  To  such  a  point  is  the  greatest  of 
our  elections  now  sunk  by  the  arts  of  "  interme- 
diate agencies  ; "  and  it  may  bo  safely  assumed, 
that  the  history  of  free  elective  governments 
affords  no  instance  of  such  an  abandonment,  on 
the  part  of  legal  voters,  of  their  great  constitu- 
tional privileges,  and  quiet  sinking  down  of  the 
millions  to  the  automaton  performuncc  of  deli- 
vering their  votes  as  the  few  havo  directed. 


CHAPTER    XCII. 

KEMOVAL  OF  THE  DKPOSITS  FKOM  THE  BANK 
OP  THE  UNITED  STATES. 

The  fact  of  this  removal  was  communicated  to 
Congress,  in  the  annual  message  of  the  Presi- 
dent ;  the  reasons  for  it,  and  the  mode  of  doing 
it,  were  reserved  for  a  separate  communication ; 
and  especially  a  report  from  the  Secretary  of 
the  Treasury,  to  whom  belonged  the  absolute 
right  of  the  removal,  without  assignment  of  any 
rea.son8  except  to  Congress,  after  the  act  was 
done.  The  order  for  the  removal,  as  it  was 
called — for  it  was  only  an  order  to  the  collectors 
of  revenue  to  cease  making  their  deposits  in 
that  bank,  leaving  the  amount  actually  in  it,  to 
be  drawn  out  of  intervals,  and  in  different  sums, 
according  to  the  course  at  the  government  dis- 
bursements— was  Lssued  the  22d  of  September, 
and  signed  by  Roger  B.  Taney,  Esq.,  the  new 
Secretary  of  the  Treasury,  appointed  in  place  of 
Mr.  Wm.  J.  Puane,  who,  refusing  to  make  the  ro- 


\AaJei 


-^m^s^ 


374 


THIRTY  YEARS'  VIEW. 


moval,  upon  the  re(iiicst  of  the  President,  was 
himself  removed.  This  measure  (tlie  ceasing  to 
deposit  the  public  nr.oneys  with  the  Bank  of  the 
United  States)  was  the  Picsident's  own  mea- 
sure, conceived  by  him,  carried  out  by  him,  de- 
fended by  him,  and  its  fate  dependent  upon  him. 
He  had  coadjutors  in  every  part  of  the  business, 
but  the  measure  was  his  own ;  for  this  heroic 
civil  measure,  like  a  heroic  military  resolve,  had 
to  be  the  offspring  of  one  great  mind — self-act- 
ing and  poised — seeing  its  way  through  all  diffi- 
culties and  dangers ;  and  discerning  ultimate 
triumph  over  all  obstacles  in  the  determination 
to  conquer  them,  or  to  perish.  Councils  are 
good  for  safety,  not  for  heroism — good  for  es- 
capes from  perils,  and  for  retreats,  but  for  ac- 
tion, and  especially  high  and  daring  action,  but 
one  mind  is  wanted.  The  removal  of  the  depo- 
sits was  an  act  of  that  kind — high  and  daring, 
and  requiring  as  much  nerve  as  any  enterprise 
of  arms,  in  which  the  President  had  ever  been 
engaged.  His  military  exploits  had  been  of  his 
own  conception ;  his  great  civil  acts  were  to  be 
the  same :  more  impeded  than  promoted  by 
councils.  And  thus  it  was  in  this  case.  The 
majority  of  his  cabinet  was  against  him.  His 
Secretary  of  the  Treasury  refused  to  o.vpcute 
his  will.  A  few  only — a  fraction  of  the  cabinet 
and  some  friends — concurred  heartily  in  the 
act :  Mr.  Taney,  attorney  general,  Mr.  Kendall, 
Mr.  Francis  P.  Blair,  editor  of  the  Globe;  and 
some  few  others. 

He  took  his  measures  carefully  and  deliber- 
ately, and  with  due  regard  to  keeping  himself 
demonstrably,  as  well  as  actually  right.  Obser- 
yation  had  only  confirmed  his  opinion,  commu- 
nicated to  the  previous  Congress,  of  the  miscon- 
duct of  the  institution,  and  the  insecurity  of  the 
public  moneys  in  it :  and  the  almost  unanimous 
vote  of  the  House  of  Representatives  to  the 
contrary,  made  no  impression  upon  his  strong 
conviction.  Denied  a  legislative  examination 
into  its  affairs,  he  determined  upon  an  executive 
one,  through  inquiries  put  to  the  government 
directors,  and  the  researches  into  the  state  of 
the  books,  which  the  Secretary  of  the  Trea- 
sury had  a  right  to  make.  Four  of  those  di- 
rectors, namely,  Messrs.  Henry  D.  Gilpin,  John 
T.  Sullivan,  Peter  Wager,  and  Hugh  McEldery, 
made  two  reports  to  the  President,  according  to 
the  duty  assigned  them,  in  which  they  showed 


great  misconduct  in  its  management,  and  a  great 
perversion  of  its  funds  to  undue  and  political 
purposes.  Some  extracts  from  these  reports 
will  show  the  nature  of  this  report,  the  names 
of  persons  to  whom  money  was  paid  being  omit- 
ted, as  the  only  object,  in  making  the  extracts, 
is  to  show  the  conduct  of  the  bank,  and  not  to 
disturb  or  affect  any  individuals. 

"  On  the  30th  November,  1830,  it  is  stated  on 
the  minutes,  that '  the  president  submitted  to 
the  board  a  copy  of  an  article  on  banks  and  cur- 
rency, just  published  in  the  American  (iuarteiiy 
Review  of  this  city,  containing  a  favorable  no- 
tice of  this  institution,  and  suggested  the  expe- 
diency of  making  the  views,of  the  author  more 
extensively  known  to  the  public  than  they  can 
be  by  means  of  the  subscription  list.'  Where- 
upon, it  was,  on  motion,  ^Hesohed,  That  the 
president  be  authorized  to  take  such  niesisnie:<, 
in  regard  to  the  circulation  of  the  contents  of 
the  said  article,  either  in  whole  or  in  part,  as  he 
may  deem  most  for  the  interests  of  the  bank.' 
On  the  11th  March,  1831,  it  again  appears  by 
the  minutes  that  'the  president  stated  to  tlie 
board,  that,  in  consequence  of  the  general  de- 
sire expressed  by  the  directors,  at  one  of  tlioir 
meetings  of  the  last  year,  subsequent  to  the  ad- 
journment of  Congress,  and  a  verbal  understand- 
ing with  the  board,  measures  had  been  taken  by 
him,  in  the  course  of  that  year,  for  furnishing 
numerous  copies  of  the  reports  of  General  Sniitii 
and  Mr.  McDuffie  on  the  subject  of  this  bank, 
and  for  widely  disseminating  their  contents 
throii-h  the  United  States ;  and  that  he  1ms 
since,  by  virtue  of  the  authority  given  him  by 
a  resolution  of  this  board,  on  the  3Cth  day  of 
November  last,  caused  a  large  edition  of  Jlr. 
Gallatin's  essay  on  banks  and  currency  to  be 
published  and  circulated,  in  like  manner,  at  tiic 
expense  of  the  bank.  He  suggested,  at  the  same 
time,  the  propriety  and  expediency  of  extendinj; 
still  more  widely  a  knowledge  of  the  concerns 
of  this  institution,  by  means  of  the  republica- 
tion of  other  valuable  articles,  which  had  issued 
from  the  daily  and  periodical  press.'  Where- 
upon, it  was,*  on  motion, '/^eso/'Y>c/,  That  tiie 
president  is  hereby  authorized  to  cause  to  be 
prepared  and  circulated,  such  documents  and 
papers  as  may  communicate  to  the  people  infor- 
mation, in  regard  to  the  nature  and  operations 
of  the  bank.' 

"  In  pursuance,  it  is  presumed,  of  these  reso- 
lutions, the  item  of  stationary  and  printing  was 
increased,  during  the  first  half  year  of  1831.  to 
the  enormous  sum  of  $29,979  92.  exceeding  that 
of  the  previous  half  year  by  $23,000,  and  t  x- 
ceeding  the  semi-annual  expenditure  of  ISii'J, 
upwards  of  $26,000.  The  expense  account  it- 
self, as  made  up  in  the  book  which  was  submit- 
ted to  us,  contained  very  little  information  rela< 


ANNO  1883.    ANDREW  JACKSON,  PRESIDENT. 


375 


gcment,  and  a  great 
indue  and  political 
rora  these  reports 
3  report,  the  names 
vas  paid  being  omit- 
laking  the  extracts, 
he  bank,  and  not  to 
,uals. 

1830,  it  is  stated  on 
■sident  submitted  to 
^le  on  banks  and  cur- 
^American  liuaittrhj 
ining  a  favorable  no- 
l  suggested  the  expc- 
'S.of  the  author  more 
'.  public  than  they  can 
ription  list.'    Whcre- 

^Resohed,  That  the 

0  take  such  measnrc^. 
on  of  the  contents  of 
whole  or  in  part,  as  he 
interests  of  the  bank.' 

1  it  again  appears  by 
,resident  stated  to  the 
ncc  of  the  general  de- 
rectors,  at  one  of  their 
r  subsequent  to  the  atl- 
andaverbulunderstand- 
mres  had  been  taken  by 
hat  year,  for  furmshu.g 
eports  of  General  Smith 
e  subject  of  this  bank, 
linating   their  contents 
ates;  and  that  he  lias 
authority  given Jiiui  by 
'  jd,  on  the  30th  day  of 

a  large  edition  of  Mr. 
,ks  and  currency  to  be 
1  in  like  manner,  at  the 
[e  suggested,  at  the  sume 
exped:iency  of  extending 
jwledge  of  the  concerns 
[means  of  the  repubhca- 
rticles,  which  had  issued 
riodical  press.'    Where- 
\ion'liesulred,i:\\iii  t  >« 
\thorized  to  cause  to  be 
.d.  such  documents  and 
ki(!ate  to  the  pcoidc  in^r- 
e  nature  and  operations 

presumed,  of  these  reso- 
kUary  and  printmg  wjs 
Jrst  half  year  of  1831.  to 

[oQ  979  92.  excecdmg  wM 
lear  by  $23,000,  and. x- 
Ul  expenditure  ot  l^->, 
fThe  expense  account  u- 
l  book  which  wa.s  submit- 
[ry  little  information  rela- 


tive to  the  particulars  of  this  expenditure,  and 
we  are  obliged,  in  order  to  obtain  them,  to  re- 
sort to  an  inspection  of  the  vouchers.  Among 
other  sums,  was  one  of  $7,801,  stated  to  have 
been  paid  on  orders  of  the  president,  under  the 
resolution  of  Uth  March,  1831,  and  the  orders 
themselvc*  were  the  only  vouchers  of  the  expen- 
diture which  wc  found  on  file.  Some  of  the  or- 
ders, to  the  amoimt  of  about  $1,800.  stated  that 
the  expenditure  was  for  distributing  General 
Smith's  and  Mr.  McDufTie's  reports,  and  Mr. 
Gallatin's  pamphlet ;  but  the  rest  stated  gene- 
rally that  it  was  made  under  the  resolution  of 
11th  of  March,  1831.  There  were  also  numer- 
ous bills  and  receipts  for  expenditures  to  indi- 
viduals :  $1,300  for  distributing  Mr.  Gallatin's 
pamphlet ;  $1,675  75  for  5,000  copies  of  General 
Smith's  and  Mr.  McDuffie's  reports,  &c. ;  $440 
for  11,000  extra  papers ;  of  the  Americnn  Sen- 
tinel, $125  74  for  printing,  folding,  packing,  and 
postage  on  3,000  extras ;  $1,830  27  for  upwards 
of  50,000  copies  of  the  National  Gazette,  and 
supplements  containing  addresses  to  members 
of  State  legislatures,  reviews  of  Mr.  Benton's 
speech,  abstracts  of  Mr.  Gallatin's  article  from 
the  Ami'rican  Quarteiiy  Review,  and  editorial 
article  on  the  project  of  a  Treasury  Bank; 
Sl,447  75  for  25,000  copies  of  the  repogs  of 
Mr.  McDuffie  and  General  Smith,  and  for  ^000 
copies  of  the  address  to  members  of  the  State 
legislatures^  agreeably  to  order;  $2,850  for 
01.000  copies  of  '  Gallatin  on  Banking,'  and 
2,000  copies  of  Professor  Tucker's  article. 

"  During  the  second  half  year  of  1831,  the 
item  of  stationery  and  printing  was  $13,224  87, 
of  which  $5,010  were  paid  on  orders  of  the 
president,  and  stated  generally  to  be  under  the 
resolution  of  11th  March,  1831,  and  other  sums 
were  paid  to  individuals,  as  in  the  previous  ac- 
count, for  printing  and  distributing  documents. 

"  During  the  first  half  year  of  1832,  the  item 
of  stationery  and  printing  was  $12,134  10,  of 
which  $2,150  was  stated  to  have  been  paid  on 
orders  of  the  president,  under  the  resolution  of 
11th  March,  1831.    There  are  also  various  in- 
dividual payments,  of  which  we  noticed  $100  38 
for  one  thousand  copies  of  the  review  of  Mr. 
Benton's  speech ;  $200  for  one  thousand  copies 
of  the  Saturday  Courier ;  $1,176  for  twenty 
thousand  copies  of  a  pamphlet  concerning  the 
bank,  and  six  thousand  copies  of  the  minority 
report  relative  to  the  bank;  $1,800  for  three 
hundred  copies  of  Clarke  &  Hall's  bank  book. 
During  the  last  half  year  of  1832,  tne  item  of 
stationery  and  printing  rose  to  $26,543  72,  of 
which  $6,350  are  stated  to  have  been  paid  on 
orders  of  the  president,  under  the  resolution  of 
11th  March,  1831.    Among  the  specified  charges 
we  observe  $821  78  for  printing  a  review  of  the 
veto ;  $1,371  04  for  four  thousand  copies  of  Mr. 
Ewing's  speech,  bank  documents,  and  review  of 
the  veto;   $4,106  13  for  sixty-three  thousand 
copies  of  Mr.  AVebster's  speech,  Mr.  Adams's 
and  Mr.  McDuffie's  reports,  and  the  majority 


and  minority  rej)orts ;  $205  for  fourteen  thou, 
sand  extras  of  The  Protector,  containing  bank 
documents ;  $2,583  50  for  printing  and  distri- 
buting reports,  Mr.  Webster's  speech,  &c.  ; 
$150  12  for  printing  the  speeches  of  Messrs. 
Clay,  Ewing,  and  Smith,  and  Mr.  Adams's  re- 
port ;  $1,512  75  to  "Sir.  Clark,  fcr  printing  Mr. 
Webster's  speech  and  articles  on  the  veto,  and 
$2,422  65  for  fifty-two  thousand  five  hundred 
copies  of  Mr.  Webster's  sjwech.  There  is  also 
a  charge  of  $4,040  paid  on  orders  of  the  presi- 
dent, stating  that  it  is  for  expenses  in  measures 
for  protecting  the  bank  against  a  run  on  the 
Western  branches. 

"During  the  first  half  year  of  1833,  the  item 
of  stationery  and  printing  was  ^9,093  59,  of 
which  $2,600  are  stated  to  have  been  paid  on 
orders  of  the  president,  under  the  resolution  of 
11th  March,  1831.  There  is  also  a  charge  of 
$800  for  printing  the  report  of  the  exchange 
committee." 

These  various  it"ms,  amounting  to  about 
$80,000,  all  explain  themselves  by  their  names 
and  dates — every  name  of  an  item  referring  to 
a  political  purpose,  and  every  date  correspond- 
ing with  the  impending  questions  of  the  re- 
charter  and  the  presidential  election ;  and  all 
charged  to  the  expense  account  of  the  bank — a 
head  of  account  limited,  by  the  nature  of  the 
institution,  so  far  as  printing  was  concerned,  to 
the  printing  necessary  for  the  conducting  of  its 
own  business ;  yet  in  the  whole  sum,  making 
the  total  of  $80,000,  there  i.s  not  an  item  of  that 
kind  included.  To  expose,  or  correct  these 
abuses,  the  government  directors  submitted  the 
following  resolution  to  the  board : 

"  Whereas,  it  appears  by  the  expense  account 
of  the  bank  for  the  years  1831  and  1832,  that 
upwards  of  $80,000  were  expended  and  charged 
under  the  head  of  stationery  and  printing  dur- 
ing that  period ;  that  a  large  proportion  of  this 
sum  was  paid  to  the  proprietors  of  newspapers 
and  periodical  journals,  and  for  the  printing, 
distribution,  and  postage  of  immense  numbers 
of  pamphlets  and  newspapers  ;  and  that  about 
$20,000  were  expended  under  the  resolutions 
of  30th  November,  1830,  and  11th  March,  1831, 
without  any  account  of  the  manner  in  which, 
or  the  persons  to  wh'>in,  they  were  disbursed : 
and  whereas  it  is  expedient  and  proper  that  the 
particulars  of  this  expenditure,  so  large  and 
unusual,  which  can  now  be  ascertained  only  by 
the  examinaton  of  numerous  bills  and  receipts, 
should  be  so  stated  as  to  be  readily  submitted 
to,  and  examined  by,  the  board  of  directors  and 
the  s;:otikholders :  Therefore,  Resohed,  That  the 
cashier  furnish  to  the  board,  at  as  early  a  day 
as  possible,  a  full  and  particular  statement  of 
all  these  expenditures,  designating  the  sums  ai 


I 


376 


THIRTY  YEARS'  VIEW. 


■    ■  \i 


M 


I        i' 


#1 


FjW;  •  ■  I 


'.i      'r '■.'•[ 


money  paid  to  oa^h  jierison.  Uie  qiif.iitity  nn<l 
naiiics  of  the  dofnnu'nts  riimislu'ii  Jiy  hitii,  and 
his  charges  for  tlie  distribution  and  postage  of 
the  saniu ;  together  with  as  full  a  statement  as 
may  be  of  tlie  expenditures  under  tlie  resohi- 
tions  of  30th  November,  18;iO,  and  11th  March, 
1831.  That  he  ascertain  whether  expenditures 
of  the  same  character  have  been  made  at  any  of 
the  offices,  and  if  so,  procure  similar  statements 
thereof,  with  the  antliority  on  which  they  were 
made.  That  the  said  resolutions  be  rescinded, 
and  no  further  expenditures  made  under  the 
same." 

This  resolutit)n  was  rejeoted  by  the  board, 
and  in  place  of  it  another  was  adopted,  declar- 
ing perfect  confidence  in  the  president  of  the 
bank,  and  directing  him  to  continue  his  expen- 
ditures under  the  two  resolves  of  November 
and  March  according  to  his  di.-crction ; — thus 
continuing  to  him  the  power  of  irrcsponsiblc 
expenditure,  both  in  amount  and  object,  to 
any  extent  that  he  pleased.  The  reports  also 
showed  that  the  government  directors  were 
treated  with  the  iiulignitj-  of  being  virtually 
excluded,  both  from  the  transactions  of  the 
bank,  and  the  knowledge  of  them ;  and  that 
the  charter  was  violated  to  eflect  these  outrages. 
As  an  instance,  this  is  given  :  the  exchange 
committee  was  in  itself,  and  even  confined  to  its 
proper  duties,  that  of  bu3'ing  and  selling  ex- 
change, was  a  very  important  one,  having  the 
application  of  an  immense  amount  of  the  funds 
of  the  bank.  While  confined  to  its  proper  du- 
ties, it  was  changed  monthly,  and  the  directors 
served  upon  it  by  turns  ;  so  that  by  the  process 
of  rotation  and  speedj'  renewal,  every  member 
of  the  directory  was  kept  well  informed  of  the 
transactions  of  this  committee,  and  had  their 
due  share  in  all  its  great  operations.  But  at 
this  time — (time  of  the  renewed  charter  and 
the  presidential  eli'ction) — both  the  duties  of 
the  committee,  and  its  mode  of  appointment 
were  altered  ;  discounting  of  notes  was  permit- 
ted to  it,  and  the  appointment  of  its  members 
was  invested  in  Mr.  Biddle ;  and  no  govern- 
ment director  was  henceforth  put  upon  it. 
Thus,  a  few  directors  made  the  loatis  in  the 
committee's  room,  which  by  the  charter  could 
only  be  made  by  seven  directors  at  the  board ; 
and  the  government  directors,  far  from  having 
any  voice  in  these  exchange  loans,  were  igno- 
rant of  them  until  afterwards  found  on  the 
books.    It  was  in  this  exchange  committee  that 


most  of  the  loans  to  members  of  Congress  were 
made,  and  under  whose  operations  the  greatest 
losses  were  eventually  incurred.  The  report  of 
the  four  directors  also  showed  other  great  mis- 
conduct on  the  part  of  the  bank,  one  of  which 
was  to  nearly  double  its  discounts  at  the  ap- 
proaching tennination  of  the  charter,  miming 
them  up  in  less  than  a  year  and  a  half  from 
about  forty-two  and  a  half  to  about  seventy  end 
a  half  millions  of  dollai-s.  General  Jackson  was 
not  the  man  to  tolerate  these  illegalities,  cor- 
ruptions and  indignities.  He,  therefore,  deter- 
mined on  ceasing  to  use  the  institution  any 
longer  as  a  place  of  deposit  for  the  public 
moneys  ;  and  accordingly  communicated  his  in- 
tention to  the  cabinet,  all  of  whom  had  been 
requested  to  assist  him  in  his  deliberations  on 
the  subject.  The  major  part  of  them  dissented 
from  his  design ;  whereupon  he  assembled  them 
on  the  22nd  of  September,  and  read  to  them  a 
paper,  of  which  the  following  are  the  more  es- 
sential parts : 

"  Having  carefully  and  anxiously  considered 
all  the  facts  and  arguments  which  have  been 
submitted  to  him,  relative  to  a  removal  of  tie 
public  deposits  from  the  Bank  of  the  United 
States,  the  President  deems  it  his  duty  to  com- 
municate in  this  manner  to  his  cabinet  the  final 
conclusions  of  his  own  mind,  and  the  reasons 
On  which  they  arc  founded,  in  oider  to  put 
them  in  durable  form,  and  to  pre^■ent  miscon- 
ceptions. 

"  The  President's  convictions  of  the  dangerous 
tendencies  of  the  Bank  of  the  United  States, 
since  signally  illustrated  by  its  own  acts,  were 
so  overpowering  when  he  enteivd  on  the  duties 
of  chief  magistrate,  that  he  felt  it  his  duty,  not- 
withstiinding  the  objections  of  the  friends  by 
whom  he  was  surrounded,  to  avail  himself  of 
the  first  occasion  to  call  the  attention  of  Con- 
gress and  the  people  to  the  question  of  its  re- 
charter.  The  opinions  expressed  in  his  annual 
message  of  December,  1829,  were  reiterated  in 
those  of  December,  1830  and  1831,  and  in  iliat 
of  1830,  he  threw  out  for  consideration  some 
suggestions  in  relation  to  a  substitute.  At  the 
session  of  1831-'32  an  act  was  passed  b}'^  a  ma- 
jority of  both  Houses  of  Congress  rechartering 
the  present  bank,  upon  which  the  President  felt 
it  his  duty  to  put  hid  constitutional  veto.  In 
his  message,  returning  that  act,  he  repeated  and 
enlarged  upon  the  principles  and  views  briefly 
asserted  in  his  annual  messages,  declaring  the 
bank  to  be,  in  his  opinion,  both  inexpedient  and 
unconstitutional,  and  announcing  to  his  country- 
men, very  unequivocally,  his  firm  determination 
never  to  sanction,  by  his  approval,  the  continu- 


ANNO  1833.    ANDREW  JACKSON,  PRESIDENT. 


377 


f  C(tnp;rcss  were 
>ns  the  preatcBi 
,    The  report  of 
other  great  mis- 
nk,  one  of  which 
aunts  at  the  ap- 
charter,  miming 
and  a  half  from 
ibout  seventy  end 
\eral  Jackson  was 
ie  illegalities,  cor- 
,  therefore,  detcr- 
e  institution  any 
it   for  the   public 
imnnicated  his  in- 
F  whom  had  been 
is  deliberations  on 
of  them  dissented 
he  a.'isembled  them 
nd  read  to  them  a 
g  arc  the  more  cs- 


ixiously  considered 
ts  which  have  been 
to  a  removal  of  tie 
Uank  of  the  United 
.  it  his  duty  to  coni- 
his  cabinet  the  final 
id,  and  the  reasons 
id',  in  order  to  put 
to  prevent  miscou- 

[ons  of  the  dangerous 
■  the  United  States, 
,y  its  own  acts,  wore 
iteivd  on  the  duties 
felt  it  his  duty,  not- 
|s  of  the  friends  by 
,  to  avail  himself  of 
!e  attention  of  Con- 
;  question  of  its  i-e- 
iressed  in  his  annual 
1),  were  reiterated  in 
|id  1831,  and  in  that 
consideration  some 
substitute.    At  the 
was  passed  by  a  nia- 
jongress  rechartennR 
ichthc  President  felt 
Istitutional  veto.    In 
act,  he  repeated  and 
is  and  views  bnetty 
■ssages,  declaring  th« 
)0th  inexpedient  and 
mcing  to  his  country- 
is  firm  determination 
Lpproval,  the  coutmu- 


ance  of  that  institution  oi-  the  establishment  of 
any  other  upon  similar  principles. 

"  There  are  strong  reasons  for  believing  that 
the  motive  of  the  bank  in  asking  for  a  recharter 
at  that  session  of  Oongre.ss,  was  to  make  it  a 
leading  question  in  the  election  of  a  President  of 
the  United  States  the  ensuing  November,  and 
all  steps  deemed  necessary  were  taken  to  pro- 
cnre  from  the  people  a  reversal  of  the  President's 
dt'cision. 

"  Although  the  charter  was  approaching  its 
termination,  and  the  bank  was  aware  that  it  was 
the  intention  of  the  government  to  use  the  public 
deposit  as  fast  as  it  has  accrued,  in  the  pay- 
ment of  the  public  debt,  yet  did  it  extend  its 
loans  from  January,  1831.  to  May,  1832,  from 
$-12,402,304  24  to  $70,428,070  72,  being  an  in- 
crease of  $28,025,760  48,  in  sixteen  months. 
It  is  confidently  believed  that  the  leading  object 
(if  this  immense  extension  of  its  loans  was  to 
bring  as  large  a  portion  of  the  people  as  possible 
under  its  power  and  influence  ;  and  it  has  been 
disclosed  that  some  of  the  largest  sums  were 
pranted  on  very  unusual  terms  to  the  conductors 
of  the  public  pi'css.  In  some  of  these  cases,  the 
motive  was  made  manifest  by  the  nominal  or 
insufficient  security  taken  for  the  loans,  by  the 
large  amounts  discounted,  by  the  extraordinary 
time  allowed  for  payment,  and  especially  bj'  the 
subsequent  conduct  of  those  receiving  the  ac- 
commodations. 

"Having  taken  these  preliminary  steps  to 
obtain  control  over  public  opinion,  the  bank 
came  into  Congress  and  asked  a  new  charter. 
The  object  avowed  by  many  of  the  advocates  of 
tlie  bank,  was  to  put  the  President  to  the  (est, 
that  the  country  might  know  his  final  determina- 
tion relative  to  the  bank  prior  to  the  ensuing 
election.  Many  documents  and  articles  were 
printed  and  circulated  at  the  expense  of  the  bank, 
to  bring  the  people  to  a  favorable  decision  upon 
its  pretensions.  Those  whom  the  bank  appears 
to  have  made  its  debtors  for  the  special  occasion, 
were  warned  of  the  ruin  which  awaited  them, 
fliould  the  President  be  sustained,  and  attempts 
were  made  to  alarm  the  whole  people  b}--  paint- 
ing the  depression  in  the  price  of  property  and 
produce,  and  the  general  loss,  inconvenience,  and 
distress,  which  it  was  represented  would  imme- 
diately follow  the  re-election  of  the  President  in 
opposition  to  the  bank. 

"  Can  it  now  be  said  that  the  question  of  a 
recharter  of  the  bank  was  not  decided  at  liie 
election  which  ensued?  Had  the  veto  been 
equivocal,  or  had  it  not  covered  the  whole 
[rround — if  it  had  merely  taken  exceptions  to 
the  details  of  the  bill,  or  to  the  time  of  its  passage 
—if  it  had  not  met  the  whole  ground  of  consti- 
tutionality and  expediency,  tiien  there  might 
have  been  some  plausibility  for  the  allegation 
that  the  question  was  not  decided  by  the  people. 
It  was  to  compel  the  Presid"nt  to  take  his  stand, 
that  the  question  was  b. ought  forward  at  that 
[articular  time.  He  met  the  challenge,  willingly 
took  the  position  into  which  his  adversaries 


sought  to  force  him,  and  frankly  declared  his 
unalterable  opposition  to  the  bank  as  being  both 
unconstitutional  and  inexpedient.  On  th&i 
ground  the  case  was  argued  to  the  people,  and 
now  that  the  people  havi;  sustained  the  Presi- 
dent, notwithstanding  the  array  of  infiuence  and 
power  which  was  brought  to  bear  upon  him,  it 
is  too  late,  he  confidently  thinks,  to  say  that 
the  question  has  not  been  decided.  AVhatever 
maj'  be  the  opinions  of  others,  the  President  con- 
siders his  re-election  as  a  decision  of  the  people 
against  the  bank.  In  the  concluding  paragraph 
of  his  veto  message  he  said : 

" '  I  have  now  done  my  duty  to  my  country. 
If  sustained  by  my  fellow-citizens,  I  shall  bo 
grateful  and  happy ;  if  not,  I  shall  find  in  the 
motives  which  impel  me,  ample  grounds  for  con- 
tentment and  peace.' 

"  He  was  sustained  by  a  just  people,  and  he 
desires  to  evince  his  gratitude  by  carrying  into  ef- 
fect their  decision,  so  far  as  it  depends  upon  him. 

"  Of  all  the  substitutes  for  the  present  bank, 
which  have  been  suggested,  none  seems  to  have 
united  any  considerable  portion  of  the  public  in 
its  favor.  Most  of  them  ai-e  liable  to  the  same 
constitutional  objections  for  which  the  present 
bank  has  been  condemned,  and  perhaps  to  all 
there  are  strong  objections  on  the  score  of  ex- 
pediency. In  ridding  the  coimtry  of  an  irre- 
sponsible power  which  has  attempted  to  control 
the  government,  care  must  be  taken  not  to  unite 
the  «ame  power  with  the  executive  branch.  To 
give  a  President  the  control  over  the  currency 
and  the  power  over  individuals  now  possessed 
by  the  Bank  of  the  United  States,  even  with  the 
material  difference  that  he  is  responsible  to  the 
people,  would  be  as  objectionable  and  as  danger- 
ous as  to  leave  it  as  it  is.  Neither  the  one  nor 
the  other  is  necessary,  and  therefore  ought  not 
to  be  resorted  to. 

"  But  in  the  conduct  of  the  bank  may  be  found 
other  reasons,  very  imperative  in  their  character, 
and  wliich  require  ])rompt  action.  Developments 
have  been  made  from  time  to  time  of  its  faith- 
lessness as  a  public  agent,  its  misapplication  of 
public  funds,  its  interference  m  elections,  its 
efforts,  by  tire  machinery  of  committees,  to  de- 
prive the  government  directors  of  a  full  know- 
ledge of  its  concerns,  and  above  all,  its  flagrant 
misconduct  as  recently  and  unexpectedly  dis- 
closed, in  placing  all  the  funds  of  the  bank, 
including  the  money  of  the  government,  at  the 
disposition  of  the  president  of  the  bank,  as  means 
of  operating  upon  public  opinion  and  procuring 
a  new  charter  without  requiring  him  to  render 
a  voucher  for  their  disbursement,  A  brief  reca- 
pitulation of  the  facts  which  justify  these  charges 
and  which  have  come  to  the  knowledge  of  the 
public  and  the  President,  will,  he  thinks,  remove 
every  reasonable  doubt  as  to  the  course  which 
it  is  now  the  duty  of  the  President  to  pursue. 

"  We  have  seen  that  in  sixteen  months,  ending 
in  May,  1832.  the  bank  had  extended  its  loans 
more  than  $28,000,000,  although  it  knew  the 
government  intended  to  appropriate  most  of  its 


^^^iii 


>••■ , '  ■* 


378 


THIRTY  YEARS'  VIEW. 


WlP 


B  if::?' 
mm -Mi 


large  deposit  durii.  (^  that  year  in  payment  of 
the  public  debt.  It  was  in  May,  1832,  that  its 
loans  arrived  at  the  maximum,  and  in  the  pre- 
ceding March,  go  sensible  was  the  bank  that  it 
would  not  be  able  to  pay  over  the  public  deposit 
when  it  would  be  required  by  the  government, 
that  it  commenced  a  secret  negotiation  without 
the  approbation  or  knowledge  of  the  government, 
with  the  agents,  for  about  $2,700,000  of  the 
three  per  cent,  stocks  held  in  Holland,  with  a 
view  of  inducing  them  not  to  come  forward  for 
payment  for  one  or  more  years  after  notice  should 
be  given  by  the  Treasury  Department.  This 
arrangement  would  have  enabled  the  bank  to 
keep  and  use  during  that  time  the  public  money 
set  apart  for  the  payment  of  these  stocks. 

"Although  the  charter  and  the  rules  of  the 
bank,  both,  declare  that '  not  less  than  seven  di- 
rectors '  shall  be  necessary  to  the  transaction  of 
business,  yet.  the  most  important  business,  even 
that  of  granting  discounts  to  any  extent,  is  in- 
trusted to  a  committee  of  five  members  who  do 
not  report  to  the  board. 

"  To  cut  off  all  means  of  communication  with 
the  government,  in  relation  to  its  most  important 
acts,  at  the  commencement  of  the  present  year, 
not  one  of  the  government  directors  was  placod 
on  any  one  committee.  And  although  since,  by 
an  unusual  remodelling  of  those  bodies,  some 
of  those  directors  have  been  placed  on  some  of 
the  committees,  they  are  yet  entirely  excluded 
from  the  committee  of  exchange,  through  which 
the  greatest  and  most  objectionable  loans  have 
been  made. 

''  Wiieu  the  government  directors  made  an 
effort  to  bring  back  the  business  of  the  bank 
to  the  board,  in  obedience  to  the  charter  and 
the  existing  regulations,  the  board  not  only  over- 
ruled their  attempt,  but  altered  the  rule  so  as 
to  make  it  conform  to  the  practice,  in  direct  vio- 
lation of  one  of  the  most  important  provisions 
of  the  charter  which  gave  them  existence. 

"  It  has  long  been  known  that  the  president 
of  the  bank,  by  his  single  will,  originates  and 
executes  many  of  the  most  important  measures 
connected  with  the  management  and  credit  of 
the  bank,  and  that  the  committee,  as  well  as  the 
board  of  directors,  are  left  in  entire  ignorance 
of  many  acts  done,  and  correspondence  carried 
on,  in  their  names,  and  apparently  under  their 
authority.  The  fact  has  been  recently  disclosed, 
that  an  unlimited  discretion  has  been,  and  is  now, 
vested  in  the  president  of  the  bank  to  expend 
its  funds  in  payment  for  preparing  and  circulat- 
ing articles,  and  purchasing  pamphlets  and  news- 
papers, calculated  by  their  contents  to  operate 
on  elections  and  secure  a  renewal  of  its  charter. 

"  With  these  facts  before  him,  in  an  official 
report  from  the  government  directors,  the  Pre- 
sident would  feel  that  he  was  not  only  responsi- 
ble for  all  the  abuses  and  corruptions  the  bank 
has  committed,  or  may  commit,  but  almost  an 
accomplice  in  a  conspiracy  against  that  govern- 
ment which  he  has  sworn  honestly  to  administer, 
if  he  did  not  take  every  step,  within  his  consti- 


tutional and  legal  power,  likely  to  be^ efficient 
in  putting  an  end  to  these  enormities.  If  jt  [^q 
possible,  within  the  scope  of  human  afliiirs,  to 
find  a  reason  for  removing  the  government  de- 
posits, and  leaving  the  bank  to  its  own  resource 
for  the  means  of  effecting  its  criminal  designs 
we  have  it  here.  AVas  it  expected,  when  the 
moneys  of  the  United  States  were  directed  to  be 
placed  in  that  bank,  that  they  would  be  put 
under  the  control  of  one  man,  empowered  to 
spend  millions  without  rendering  a  voucher  or 
specifying  the  object  ?  Can  they  bu  considered 
safe,  with  the  evidence  before  u?  that  tens  of 
thousands  have  been  spent  for  highly  improper 
if  not  corrupt,  purposes,  and  that  the  same  mo^ 
tive  may  lead  to  the  expenditure  of  hundreds 
of  thousands  and  even  millions  more?  And 
can  we  justify  ourselves  to  the  people  by  longer 
lending  to  it  the  money  and  power  of  the  govern- 
ment, to  be  employed  for  such  purposes  ? 

"  In  conclusion,  the  President  must  be  per- 
mitted to  remark  that  he  looks  upon  the  pend- 
ing question  as  of  higher  consideration  than  Iho 
mere  transfer  of  a  sum  of  money  from  one  bank 
to  another.  Its  decision  may  atl'ect  the  charac- 
ter of  our  government  for  ages  to  come.  Should 
the  bank  be  suffered  longer  to  use  the  public 
mone}'s,  in  the  accomplishment  of  its  purposes 
with  the  proof  of  its  faithlessness  and  corrup- 
tion before  our  eyes,  the  patriotic  among  our 
citizens  will  despair  of  success  in  struggling 
against  its  power  ;  and  we  shall  be  responsible 
for  entailing  it  upon  our  country  for  ever.  View- 
ing it  as  a  question  of  transcendent  important, 
both  in  the  principles  and  consequences  it  in- 
volves, the  President  could  not,  in  justice  to  the 
responsibility  which  he  owes  to  the  country. 
refrain  from  pressing  upon  the  Secretary  of  thu 
Treasury  his  view  of  the  considerations  which 
impel  to  immediate  action.  Upon  him  has  been 
devolved,  by  the  constitution  and  the  suffrages 
of  the  American  people,  the  duty  of  sni)ern:- 
tending  the  operation  of  the  Executive  depart- 
ments of  the  governments,  and  seeing  that  the 
laws  are  faithfully  executed.  In  the  perform- 
ance of  this  high  trust,  it  is  his  undoubted  rij^ht 
to  express  to  those  whom  the  laws  and  his  own 
choice  have  made  his  associates  in  the  adminis- 
tration of  the  government,  his  opinion  of  their 
duties,  under  circumstances,  as  they  arise.  It 
is  this  right  which  he  now  exercises.  Far  be  it 
from  him  to  expect  or  require  that  any  member 
of  the  cabinet  should,  at  his  request,  order,  or 
dictation,  do  any  act  which  he  believes  unlaw- 
ful, or  in  his  conscience  condemns.  From  thorn, 
and  fi-om  his  fellow-citizens  in  general,  he  de- 
sires only  that  aid  and  support  which  their  rea- 
son approves  and  their  conscience  sanctions. 

"  The  President  again  repeats  that  he  begs  his 
cabinet  to  consider  the  proposed  measure  as  his 
own,  in  the  support  of  which  he  shall  require 
no  one  of  them  to  make  a  sacrifice  of  opinion  or 
principle.  Its  responsil'lity  has  been  assumed, 
after  the  most  mature  deliberation  and  reflec- 
tion, as  necessary  to  preserve  the  morals  of  the 


»•,•>;  Vl,   .  :<- 


■'     'V 


ANNO  1833.    ANDREW  JACKSON,  PRESIDENT. 


379 


ely  to  be^cffick'iit 
)rmitics.     If  it  bo 
hmiuin  alliiirs,  to 
e  povcinmcnt  Uc- 
i)  its  own  resource 
criminal  designs, 
xpccted,  when  the 
ft-ore  directed  to  bo 
hey  would  be  put 
lan,  empowered  to 
erinp  a  voucher  or 
they  bi!  considered 
•e  us  that  tens  of 
)r  highly  improper, 
1  that  the  same  mo- 
iditure  of  hundreds 
llions  more?    And 
he  people  by  longer 
power  of  the  govern- 
ch  purposes  ? 
ident  must  be  per- 
oks  upon  the  pend- 
nsideration  than  Iho 
loney  from  one  bank 
ay  atlect  the  charac- 
gcs  to  come.    Should 
rcr  to  use  the  public 
nent  of  its  purposes, 
lessness  and  corrup- 
patriotic  among  our 
uccess   in   struggling 
.  shall  bo  responsible 
luntry  for  ever.  Vicw- 
ipcendent  importance, 
d  consequences  it  in- 
not,  in  justice  to  the 
iwes  to  the  country, 
the  Secretary  of  the 
considerations  which 
Upon  him  has  been 
ion  and  the  suffrages 
he  duty  of  superu-.- 
the  Executive  dopart- 
and  seeing  that  the 
ed.    In  the  jierforni- 
s  his  undoubted  right 
the  laws  and  his  own 
liates  in  the  adminis- 
;  his  opinion  of  their 
e's,  as  they  arise.    It 
;  exercises.    Far  be  it 
luire  that  any  member 
his  request,  order,  or 
•h  he  believes  unlaw- 
ndemns.    From  them, 
ens  in  general,  he  de- 
pport  which  their  rea- 
nscience  sanctions, 
epeats  that  he  begs  his 
oposed  measure  as  his 
rhich  he  shall  require 
sacrifice  of  opinion  or 
Jity  has  been  assumed, 
eliberation  and  i-eflec- 
lerve  the  morals  of  the 


people,  the  freedom  of  the  press,  and  the  purity 
of  the  elective  franchise,  without  which,  all  will 
jiiite  in  saying  that  the  blood  and  treasure  ex- 
pended by  our  forefathers,  in  the  establishment 
of  our  happy  system  of  government,  will  have 
been  vain  and  fruitless.  Under  these  convictions, 
he  feels  that  a  measure  so  important  to  the  Ame- 
rican people  cannot  be  commenced  too  soon ; 
and  he,  therefore,  names  the  first  day  of  October 
next  as  a  period  proper  for  the  change  of  the 
deposits,  or  sooner,  provided  the  necessary  ar- 
rangements with  the  State  banks  can  be  made." 

I  was  in  the  State  of  Virginia,  when  the  Globe 
ncw.spaper  arrived,  towards  the  end  of  Septem- 
ber, bringing  this  "  paper,"  which  the  President 
had  read  to  his  cabinet,  and  the  further  informa- 
tion that  he  had  carried  his  announced  design 
into  effect.  I  felt  an  emotion  of  the  moral  sub- 
lime at  beholding  such  an  instance  of  civic  hero- 
ism. Here  was  a  President,  not  bred  up  in  the 
pelitical  profession,  taking  a  great  step  upon  his 
own  responsibility  from  which  many  of  his  ad- 
visers shrunk ;  and  magnanimously,  in  the  act 
itself,  releasing  all  from  the  peril  that  he  en- 
countered, and  boldly  taking  the  whole  upon 
himself.  I  say  peril ;  for  if  the  bank  should 
conquer,  there  was  an  end  to  the  political  pros- 
pects of  every  public  man  concurring  in  the  re- 
moval. He  believed  the  act  to  be  necessary ; 
and  believing  that,  he  did  the  act — leaving  the 
consequences  to  God  and  the  country.  I  felt 
that  a  great  blow  had  been  struck,  and  that  a 
great  contest  must  come  on,  which  could  only 
1)6  crowned  with  success  by  acting  up  to  the 
spirit  with  which  it  had  commenced.  And  I 
repaired  to  Washington  at  the  approach  of  the 
session  with  a  full  determination  to  stand  by 
the  President,  which  I  believed  to  be  standing 
by  the  country ;  and  to  do  my  part  in  justify- 
ing his  conduct,  and  in  exposing  and  resisting 
the  powerful  combination  which  it  was  certain 
would  be  formed  against  him. 


CHAPTER    XCIII. 

BANK  PROOKEDINOS,  ON  SEEING  THE  DEv'tSION 
OF  THE  PUESIDENT,  IN  RELATION  TO  Tilt  RE- 
MOVAL OF  THE  DEPOSITS. 

Immediately  on  the  publication  in  the  Globe 
of  the  "  Paper  read  to  the  Cabinet,"  the  bank 
took  it  into  consideration  in  all  the  forms  of  a 


co-ordinate  body.  It  summoned  a  meeting  of 
the  directors — appointed  a  committee — referred 
the  President's  "Paper"  to  it — ordered  it  to  re- 
port— held  another  meeting  to  receive  the  re- 
port— adopted  it  (the  government  directors, 
Gilpin,  Wager,  and  Sullivan  voting  against  it) — 
and  ordered  five  thousand  copies  of  the  report 
to  be  printed.  A  few  extracts  from  the  report, 
entitled  a  Memorial  to  Congress,  are  here  given, 
for  the  purpose  of  showing,  First^  The  temper 
and  style  in  which  this  moneyed  corporation, 
deriving  its  existence  from  the  national  Con- 
gress, indulged  itself,  and  that  in  its  corporate 
capacity,  in  speaking  of  the  President  of  the 
United  States  and  his  cabinet  ;  and,  »(e.r/,  to 
show  the  lead  which  it  gave  to  the  proceedings 
which  were  to  be  had  in  Congress.  Under  the 
first  head,  the  following  passages  arc  given : 

"  The  committee  to  whom  was  referred  on  the 
24th  of  September,  a  paper  signed  'Andrew  -Jack- 
son,' purporting  to  have  been  read  to  a  cabinet  on 
the  18th,  and  also  another  paper  signed  '  II.  D. 
Gilpin,  John  T.  Sullivan,  Peter  Wager,  and  Hugh 
McEldery,'  bearing  date  August  19th,  1833 — 
with  instructions  to  consider  the  same,  and  re- 
port to  the  board '  whether  any,  and  what  steps 
may  be  deemed  necessary  on  the  part  of  the 
board  in  consequence  of  the  publication  of  said 
letter  and  report,'  beg  leave  to  state — 

•'  To  justify  this  measure  is  the  purpose  of  the 
paper  signed  '  Andrew  Jackson.'  Of  the  paper 
itself,  and  of  the  individual  who  has  signed  it, 
the  committee  find  it  difficult  to  speak  with  the 
plainness  by  which  alone  such  a  document,  from 
such  a  source,  should  be  described,  without 
wounding  their  own  self-respect,  and  violating 
the  consideration  which  all  American  citizens 
must  feel  for  the  chief  magistracy  of  their  coun- 
try. Subduing,  however,  their  feelings  and  their 
language  down  to  that  respectful  tone  which  is 
due  to  the  office,  they  will  proceed  to  examine 
the  history  of  this  measure,  its  character  and 
the  pretexts  offered  in  palliation  of  it. 

"  1st.  It  would  appear  from  its  contents  and 
from  other  sources  of  Information,  that  the  Pre- 
sident had  a  meeting  of  what  is  called  the  cabi- 
net, on  Wednesday,  the  18th  September,  and 
there  read  this  paper.  Finding  that  it  made  no 
impression  on  the  majority  of  persons  assembled, 
the  subject  was  postponed,  and  in  the  mean  time 
this  document  was  put  into  the  newspapers.  It 
was  obviously  published  for  two  reasons.  The 
first  was  to  infiuence  the  members  of  the  cabinet 
by  bringing  to  bear  upon  their  immediate  decis- 
ion the  first  public  impression  excited  by  misre- 
presentations, which  the  objects  of  them  could 
not  refute  in  time — the  second  was,  by  the  same 
excitement,  to  affect  the  approaching  elections  in 
Pennsylvania.  Maryland  and  New  Jersey.    Its 


380 


THIRTY  YEARS'  VIEW. 


^i 


;■r•^^^^ 


fi  hi: 


aRRailants  arc  what  arc  called  politicians  (1.  c, 
the  assailants  of  the  bank)." 

Such  is  the  temper  and  style  in  which  the 
President  of  the  United  States  is  spoken  of  by 
this  great  moneyed  corporation,  in  a  memorial 
addressed  to  Congress.  Erecting  itself  into  a  co- 
ordinate body,  and  assuming  in  its  corporate 
capacity  an  authority  over  the  President's  act, 
it  does  not  even  condescend  to  call  him  President. 
It  is  "  Andrew  Jackson,"  and  the  name  always 
placed  between  inverted  commas  to  mark  the 
higher  degree  of  contempt.  Then  the  corporation 
shrinks  from  remarking  on  the  "  paper "  itself, 
and  the  "  individual "  who  signed  it,  as  a  thing 
injurious  to  their  own  self-respect,  and  only  to  be 
done  in  consideration  of  the  "  office  "  which  he 
fills,  and  that  after  "  subduing  "  their  feelings — 
and  this  was  the  insolence  of  the  moneyed  power 
in  defeat,  when  its  champion  had  received  but 
forty-nine  votes  for  the  Presidency  out  of  two 
hundred  and  eighty-eight  given  in!  AVhat 
would  it  have  been  in  victory  ?  The  lead  which 
it  gave  to  the  intended  proceedings  in  Congress, 
is  well  indicated  in  these  two  paragraphs,  and 
the  specifications  under  them : 

"  The  indelicacy  of  the  form  of  those  proceed- 
ings corresponds  well  with  the  substance  of 
them,  which  is  equally  in  violation  of  the  rights 
of  the  bank  and  the  laws  of  the  country. 

"  The  committee  willingly  leave  to  the  Con- 
gress of  the  United  States,  the  assertion  of  their 
own  constitutional  power,  and  the  vindication  of 
the  principl  vs  of  our  government,  against  the  most 
violent  assault  they  have  ever  yet  encountered  ; 
and  will  now  confine  themselves  to  the  more  limit- 
ed purpose  of  showing  that  the  reasons  assigned 
for  this  measure  arc  as  unfounded  as  the  object 
itself  is  illegal." 

The  illegality  of  the  proceeding,  and  the  vin- 
dication of  the  constitution,  and  the  principles 
of  the  government,  from  a  most  violent  assault, 
are  the  main  objects  left  by  the  bank  to  the  Con- 
gress ;  the  invalidity  of  the  reasons  assigned  for 
the  removal,  are  more  limited,  and  lest  the  Con- 
gress might  not  discover  these  violations  of  law 
and  constitution,  the  corporation  proceeds  to 
enumerate  and  establish  them.    It  says : 

"  Certainly  since  the  foundation  of  this  gov- 
ernment, nothing  has  ever  been  done  which 
more  deeply  wounds  the  spirit  of  our  free  insti- 
tutions. It,  in  fact,  resolves  itself  into  this — that 
whenever  the  laws  prescribe  certain  duties  to  an 
officer,  if  that  officer,  actiiig  under  the  sanctions 
of  his  official  oath  and  his  private  character,  re- 


fuses to  violate  that  law,  the  President  of  the 
United  States  may  dismiss  him  and  appoint 
another  ;  and  if  he  too  should  prove  to  be  a  ''re- 
fractory subordinate,'  to  continue  his  removals 
until  he  at  last  discovers  in  the  descending  scale 
of  degradation  some  irres|M)nsib!o  individual  tit 
to  be  the  tool  of  his  designs.  Unhappily,  there 
are  never  wanting  men  who  will  think  as  their 
superiors  wish  them  to  think — men  who  re^'ard 
more  the  compensation  than  the  duties  of  their 
office — men  to  whom  daily  bread  is  sufficient 
consolation  for  daily  shame. 

"The  present  state  of  this  question  is  a  fearful 
illustration  of  the  danger  of  it.  At  this  moment 
the  whole  revenue  of  this  country  is  at  the  dis- 
posal — the  absolute,  uncontrolled  disposal — of 
the  President  of  the  United  States.  The  laws 
declare  that  the  public  funds  shall  be  placed  in 
the  Bank  of  the  United  States,  unless  the  Secre- 
tary of  tl;e  Treasury  forbids  it.  The  Secretary 
of  the  Treasury  will  not  forbid  it.  The  Presi- 
dent dismisses  him,  and  api)oints  somebody  who 
will.  So  the  laws  declare  that  no  money  shall 
be  drawn  from  the  Treasury,  except  on  warrants 
for  appropriations  made  by  law.  If  the  Tieas- 
urer  refuses  to  draw  his  warrant  for  any  dis- 
bursement, the  President  may  dismiss  him  and 
appoint  some  more  flexible  agent,  who  will  not 
hesitate  to  gratify  his  patron.  The  text  is  in  the 
official  gazette,  announcing  the  fate  of  the  dis- 
missed Secretary  to  all  who  follow  him.  '  The 
agent  cannot  conscientiously  perform  the  service, 
and  refuses  to  co-operate,  and  desires  to  remain 
to  thwart  the  President's  measures.  To  put  an 
end  to  this  difficulty  between  the  head  and  the 
hands  of  the  executive  department,  the  constitu- 
tion arms  the  chief  magistrate  with  authority 
to  remove  the  refractory  subordinate.'  The 
theory  thus  avowed,  and  the  recent  practice  un- 
der it,  convert  the  whole  free  institutions  of  this 
country  into  the  mere  absolute  will  of  a  single 
individu.d.  They  break  down  all  the  restraints 
which  the  franiers  of  the  government  hoped  they 
had  imposed  on  arbitrary  power,  and  place 
the  whole  revenue  of  the  United  States  in  the 
hands  of  the  President. 

"  For  it  is  manifest  that  this  removal  of  the 
deposits  is  not  made  by  the  order  of  the  Secretary 
of  the  Treasury.  It  is  a  perversion  of  languapie  so 
to  describe  it.  On  the  contrary,  the  reverse  is 
openly  avowed.  The  Secretary  of  the  Treasury  re- 
fused to  remove  them,  believing,  as  his  published 
letter  declares,  that  the  removal  was  '  unneces- 
sary, unwise,  vindictive,  arbitrary  and  unjust.' 
He  was  then  dismissed  because  he  would  not  re- 
move them,  and  another  was  appointed  because 
he  wor.ld  remove  them.  Now  this  is  a  palpable 
viola'-ion  of  the  charter.  The  bank  and  Congress 
agr  e  upon  certain  terms,  which  no  one  can 
change  but  a  particular  officer;  who,  although 
necessarily  nominated  to  the  Senate  by  the  Pre- 
sident, was  designated  by  the  bank  and  by  Con- 
gress as  the  umpire  between  them.  Both  Con- 
gress and  the  bank  have  a  right  to  the  free  and 
honest  and  impartial  judgment  of  that  ofiBcer, 


p-4i 


111 


A!^NO  1838.    ANDREW  JACKSON,  PRESIDENT. 


3Sl 


s  rrcsitleut  of  the 

him  and  appoint 

])r()vc  to  be  a  ''  re- 
tintie  his  rtMnovals 
lie  (lescentlins  scale 
sil)le  iniliviihial  tit 
i:nlmi)pily,  tlure 
will  think  as  their 
; — men  who  re^rard 

the  duties  of  thoir 

bread  is  sntficitnt 

question  is  a  fearful 
it.  At  this  moment 
ountry  is  at  the  dis- 
Lrolltd  disjiosal— of 
d  States.  The  laws 
Is  shall  l>e  placed  in 
tes,  unless  the  Secre- 
8  it.  The  Secretary 
,rbidit.  The  Presi- 
)oints  somebody  who 
that  no  money  shall 
y,  except  on  warrants 
r  law.  If  the  Treas- 
warrant  for  any  dis- 
may dismiss  him  and 
;  agent,  who  will  nut 
on.  The  text  is  in  the 
;  the  fate  of  the  dis- 
10  follow  him.  'The 
ly  perform  the  service, 
and  desires  to  remain 
measures.  To  put  an 
een  the  head  and  the 
Mrtment,  the  constitu- 
stratc  with  authority 
f  subordinate.'  Tiie 
he  recent  practice  \\\\- 
(Vee  institvitions  of  this 
solute  will  of  a  single 
town  all  the  restraints 
overhmcnt  hoped  they 
rv  power,  and  place 
United  States  in  the 

[t  this  removal  of  the 
border  of  the  Secretary 
rrversionoflangnajteso 

lontrarv,  the  reverse  is 
Itary  of  the  Treasury  re- 
lieving, as  his  published 
(cmoval  was'unneccs- 
larbitrary  and  unjust. 
l^aiise  he  would  notrc- 
ikvas  apiwinted  because 
I  Now  this  is  a  palpable 
h'he  bank  and  Conirress 
Is    which  no  one  can 
officer;  who,  although 
the  Senate  by  the  Pre- 
\  the  bank  and  by  Con- 
een  them.    Both  Con- 
la  right  to  the  free  and 
ignient  of  that  officer, 


whoeTcr  ho  may  be — the  bank,  because  the  re- 
moval may  injure  its  interests — the  Congress, 
because  the  removal  n<Hy  greatly  incommode 
and  distress  their  constituents.  In  this  case, 
they  are  deprived  of  it  by  the  unlawful  interfer- 
ence of  the  President,  who  'assumes  the  respon- 
sibility,' which,  being  interpreted,  means,  usurps 
the  power  of  the  Secretary. 

'•  The  whole  structure  of  the  Treasury  shows 
that  the  design  of  Congress  was  to  make  the 
Secretary  as  independent  as  possible  of  the  Pre- 
sident. The  other  Secretaries  are  merely  execu- 
tive officers  ;  but  the  Secretary  of  the  Treasury, 
the  guardian  of  the  public  revenue,  comes  into 
more  immediate  sympathy  with  the  representa- 
tives of  the  people  who  pay  that  revenue ;  and 
although,  according  to  the  general  scheme  of  ap- 
pintment,  he  is  nominated  by  the  President  to 
tiie  Senate,  yet  he  is  in  fact  the  officer  of  Con- 


gress, 


not  the  officer  of  the  President. 


"This  independence  of  the  Secretary  of  the 
Treasury — if  it  be  true  in  general — is  more 
especially  true  in  regard  to  the  bank.  It  was 
in  fact  the  leading  principle  in  organizing  the 
bank,  that  the  President  should  be  excluded 
from  all  control  of  it.  The  question  which  most 
divided  the  House  of  Representives  was,  whether 
there  should  be  a»y  government  directors  at  all ; 
and  although  thi  i  was  finally  adopted,  yet  its 
tendency  to  create  executive  influence  over  the 
bank  was  qualified  by  two  restrictions:  first, 
that  no  more  than  three  directors  should  be  ap- 
pointed from  any  one  State ;  and,  second,  that 
tiie  president  of  the  bank  should  not  be,  as  was 
originally  designed  by  the  Secretary  of  the 
Treasury,  chosen  from  among  the  government 
directors.  Accordingly,  by  the  charter,  the 
Secretary  of  the  Treasury  is  every  thing — the 
President  comparatively  noiulng.  The  Secretary 
has  the  exclusive  supervision  of  all  the  relations 
of  the  bank  with  the  government." 

These  extracts  are  sufficient  to  show  that  the 
corporation  charged  the  President  with  illegal 
and  unconstitutional  conduct,  subversive  of  the 
principles  of  our  government,  and  dangerous  to 
our  liberties  in  causing  the  deposits  to  be  re- 
moved— that  they  looked  upon  this  illegal,  un- 
constitu^'onal,  and  dangerous  conduct  as  the 
principal  wrong — and  left  to  Congress  the  as- 
sertion of  its  own  constitutional  power,  and  the 
vindication  of  the  principles  of  the  government 
from  the  assault  which  they  had  received.  And 
tills  in  a  memorial  addressed  to  Congress,  of 
which  five  thousand  copies,  in  pamphlet  form, 
were  printed,  and  the  members  of  Congress 
liberally  supplied  with  copies.  It  will  be  seen, 
when  we  come  to  the  proceedings  of  Congress, 
liow  far  the  intiirations  of  the  memorial  in 
ihowing  what  ought  to  be  done,  and  leaving 


Congress  to  do  it,  was  complied  with  by  that 
body. 


CHAPTER    XCIV. 

BKPOKT  OF  TIIE  SECRETARY  OF  THE  TREAStfRT 
TO  CONGRESS  ON  THE  REMOVAL  OF  THE  DK- 

rosiTs. 

Br  the  clause  in  the  charter  authorizing  the 
Secretary  of  the  Treasury  to  remove  the  de- 
posits, that  officer  was  required  to  communicate 
the  fact  immediately  to  Congress,  if  in  session, 
if  not,  at  the  first  meeting ;  together  with  his 
reasons  for  so  doing.  The  act  which  had  lieen 
done  was  not  a  "  removal,"  in  the  sense  of  that 
word  ;  for  not  a  dollar  was  taken  from  the 
Bank  of  the  United  States  to  be  deposited  else- 
where ;  and  the  order  given  was  not  for  a  "  re- 
moval," but  for  a  cessation  of  deposits  in  that 
institution,  leaving  the  public  moneys  which 
were  in  it  to  be  drawn  out  in  the  r^ular  course 
of  expenditure.  An  immediate  and  total  re- 
moval might  have  been  well  justified  by  the 
misconduct  of  the  bank ;  a  cessation  to  deposit 
might  have  been  equally  well  justified  on  the 
ground  of  the  approaching  expinition  of  the 
charter,  and  the  propriety  of  providing  in  time 
for  the  new  places  of  deposit  which  that  expira- 
tion would  render  necessary.  The  two  reasons 
put  together  made  a  clear  case,  both  of  justifi- 
cation and  of  propriety,  for  the  order  which  had 
been  given ;  and  the  secretary,  Mr.  Taney,  well 
set  them  forth  in  the  report  which  he  made, 
and  wliich  was  laid  before  Congress  on  the  day 
after  its  meeting.  The  following  are  extracts 
from  it: 

"  The  Treasury  department  being  intrusted 
with  the  administration  of  the  finances  of  the 
country,  it  was  always  the  duty  of  the  Secreta- 
ry, in  the  absence  of  any  legislative  provision  on 
the  subject,  to  take  care  that  the  public  money 
was  deposited  in  safe  keeping,  in  the  hands  of 
faithful  agents,  and  in  convenient  places,  ready 
to  be  applied  according  to  the  wants  of  the  gov- 
ernment. The  law  incorporating  the  bank  has 
reserved  to  him,  in  its  full  extent,  the  power  ho 
before  possessed.  It  does  not  confer  on  him  a 
new  power,  but  reserves  to  him  his  former  au- 
thority, without  any  new  limitation.  The  obli- 
gation to  assign  the  reasons  for  his  direction  to 
deposit  the  money  of  the  United  States  else- 
where, cannot  be  considered  as  a  restriction  of 


!i!! 


HI 


''!?;    ill 


382 


raiRTY  YEARS'  VIEW. 


'0  ■•:■.,;;?(      • 


|;«^ 

■'■ 

Wi'-' 

fi 

l^'afcij- ' 

'i^ 

l';A»'t  k 

Wi 

IubAI 

m'i   r 

the  power,  liccaiise  the  right  of  the  Secretary  to 
desiffiiiite  the  place  of  deposit  was  always  neces- 
sarily subject  to  the  control  of  Congress.  And 
as  the  Secretary  of  the  Treasury  presides  over 
one  of  the  executive  dei)arMnents  dI'  tlie  jtovern- 
ment,  and  his  power  over  this  subject  forms  a 
part  of  the  executive  .luties  of  his  ofiice,  the 
manner  in  which  it  is  exercised  must  be  subject 
to  the  supervision  of  the  ofiicer  to  whtmi  the 
constitution  has  confided  the  whole  executive 
power,  and  has  required  to  take  caro  tliat  the 
laws  be  faithfully  executed. 

'"The  faith  of  the  United  States  is,  however, 
pledged,  according  to  the  terms  of  the  section 
above  stated,  that  the  public  money  shall  be  de- 
posited in  tliis  bank,  unless  'the  Secretary  of 
the  Treasuiy  shall  otherwise  order  and  direct.' 
And  as  this  agreement  has  been  entered  into  by 
Congress,  in  behalf  of  the  United  States,  the 

[)liicc  of  deposit  could  not  be  changed  by  a 
egisiative  act,  without  disregarding  a  pledge, 
wiiicli  the  legislature  has  given  ;  and  the  money 
of  the  United  States  must  therefore  continue  to 
be  deposited  in  the  bank,  until  the  last  hour  of 
its  existence,  unless  it  shall  be  otherwise  ordered 
by  the  authority  mentioned  in  the  charter.  The 
power  over  the  place  of  deposit  for  the  public 
money  would  seem  i)roperly  to  belong  to  the 
legislative  department  of  the  govcrnmen  and  it 
is  difficult  to  imagine  why  the  authority  •  j  with- 
draw it  from  tliis  bank  was  confided  exclusively 
to  the  Executive.  lUit  the  terms  of  the  charter 
pear  to  be  too  plain  to  admit  of  question ;  and 
altliough  Congress  should  be  satisfied  that  the 
public  money  wi\.s  not  safe  in  the  care  of  the 
bank,  or  should  be  convinced  that  the  interests 
of  the  people  of  the  United  States  imperiously 
demanded  the  removal,  yet  the  passage  of  a  law 
directing  it  to  be  done,  would  be  a  breach  of  the 
agreement  into  which  they  have  entered. 

'In  deciding  upon  the  course  which  it  was  my 
duty  to  pursue  in  relation  to  the  deposits,  I  did  not 
I'eel  myself  justified  in  anticipating  the  renewal 
of  the  charter  on  either  of  the  above-mentioned 
grounds.  It  is  very  evident  that  the  bank  has 
no  claim  to  renewal,  founded  on  the  justice  of 
Congress.  For.  independently  of  the  many  .seri- 
ous and  insurmountable  objections,  which  its 
own  conduct  has  furnished,  it  cannot  be  sujiposed 
that  the  grant  to  this  corporation  of  exclusive 
privileges,  at  the  expense  of  the  rest  of  the  com- 
munity, for  twenty  years,  can  give  it  a  right  to 
demand  the  still  further  enjoyment  of  its  profit- 
able monopoly.  Neither  could  I  act  upon  the 
assumption  that  the  public  interest  required  the 
recharter  of  the  bank,  because  I  am  firmly  per- 
suaded that  the  law  which  created  this  corpora- 
tion, in  many  of  its  provisions,  is  not  warranted 
by  the  constitution,  and  that  the  existence  of 
such  a  powerful  moneyed  monopoly,  is  danger- 
ous to  the  liberties  of  the  people,  and  to  the 
purity  of  our  political  institutions. 

''  The  manifestations  of  public  opinion,  instead 
of  being  favorable  to  a  renewal,  have  been  decid- 
edly to  the  contrary.    And  I  have  always  regard- 


ed the  result  of  the  last  election  of  the  Pn^sident 
of  the  Unitetl  States,  as  the  declaration  of  a  ma- 
jority of  the  people  that  the  charter  ought  not  to 
be  renewed.  It  is  not  necessary  to  state  here 
what  is  now  a  matter  of  history.  The  (juestion 
of  the  renewal  of  the  charter  was  introduced 
into  the  election  by  the  corporation  itself  Its 
voluntary  application  to  Congress  for  the  renew- 
al of  its  charter  four  years  before  it  expired,  and 
upon  the  eve  of  the  election  of  President,  was  un- 
derstood on  all  sides  as  bringing  forward  that 
question  for  incidental  decision,  at  the  then  ap- 
proaching election.  It  was  accordingly  argtied 
on  both  sides,  before  the  tribunal  of  the  jKople 
and  their  verdict  pronounced  against  the  bank' 
by  the  election  of  the  candidate  who  was  known 
to  have  been  always  inflexibly  opposed  to  it. 

"  The  monthly  statement  of  the  bank,  of  the 
2(1  September  last,  before  referred  to,  shows  that 
the  notes  of  the  bank  and  its  branches,  then  in 
circulation,  amounted   to    $18,413,287  07,  luid 
that   its  discounts  amounted  to  the    sum   of 
$(j2,G53,35!)  51).    The  immense  circulation  above 
stated,  pervading  every  part  of  the  United  States 
and  most  commonly  u.sed  in  the  business  of  com- 
merce between  distant  places,  must  all  be  willi- 
drawn  from  circulation  when   the  charter  ex- 
pires.   If  any  of  the  notes  then  remain  in  the 
hands  of  individuals,  remote  from  the  branches 
at  which  they  are  payable,  their  immediate  de- 
preciation will  subject  the  holders  to  certain  loss. 
Those  payable  in  the  principal  commercial  cities 
would,  perhaps,  retain  nearly  their  nominal  val- 
ue ;  but  this  would  not  be  the  case  with  the  notes 
of  the  interior  branches,  remote  from  the  great 
marts  of  trade.    And  the  statements  of  the  bank 
will  show  that  a  great  part  of  its  circulation  is 
composed  of  notes  of  this  description.    The  bank 
would  seem  to  have  taken  pains  to  introduce  in- 
to common  use  such  a  description  of  paper  a.s  it 
could'  depreciate,  or  raise  to  its  par  value,  as  best 
suited  its  own  views ;  and  it  is  of  the  first  impor- 
tance to  the  interests  of  the  public  that  these 
notes  should  all  be  taken  out  of  circulation,  he- 
fore  they  depreciate  in  the  hands  of  the  individ- 
uals who  hold  them ;  and  the}'  ought  to  be  with- 
drawn gradually,  and  their  places  sujjplied,  as 
they  retire,  by  the  currency  which  will  become 
the  substitute  for  them.     How  long  will  it  re 
quire,  for  the  ordinary  operations  of  commerce, 
and  the  reduction  of  dibcounts  by  the  bank,  to 
withdraw  the  amount  of  circulation  befoi-e  men- 
tioned, without  giving  a  shock  to  the  currency. 
or  producing  a  distressing  pressure  on  the  com- 
munity? I  am  convinced  that  the  time  which 
remained  for  the  charter  to  run,  after  the  1st  of 
October  (the  day  on  which  the  first  order  for 
removal  took  etiect),  was  not  more  than  was 
proper  to  accomplish  the  object  with  safety  to 
the  community. 

"  There  is,  however,  another  view  of  the  siih- 
ject,  which  in  my  opinion,  made  it  impos.sihle 
further  to  postpone  the  removal.  About  tlie  1st 
of  December,  1832,  it  had  been  ascertained  that 
the  present  Chief  Magistrate  was  re-elected,  and 


ANNO  1833.     ANDREW  JACKSON,  PRESIDENT. 


383 


on  of  the  President 
leclaration  of  a,  nia- 
ihartcr  oupht  not  to 
ssary  to  stato  here, 
ory.    The  (luestion 
ter  was  introduced 
poration  itself.    Its 
press  for  the  rem  w- 
efoiHJ  it  exjiired,  iiiul 
f  President,  was  »m- 
inpinp;  forward  tliat 
sion,  at  the  then  ap- 
i  accordinpily  arpxied 
ibunal  of  tlie  iKople, 
jd  against  the  l)ank, 
date  wlio  was  known 
ibly  opposed  to  it. 
f  of  the  bank,  of  the 
.'ferred  to,  shows  that 
its  branciics,  then  in 
$18,413,287  07,  and 
ted  to  the    sum   of 
lense  circulation  above 
t  of  the  United  States, 
n  the  business  of  com- 
ces,  must  all  be  willi- 
vhen   the  charter  ex- 
;8  then  remain  in  the 
Dtc  from  the  brandies 
e  their  immediate  de- 
holders  to  certain  loss. 
cipal  commercial  cities 
arly  their  nominal  val- 
thc  case  with  the  notes 
remote  from  the  great 
statements  of  the  bank 
xrt  of  its  circulation  is 
ilescription.    The  bank 
1  pains  to  introduce  in- 
sciiption  of  paper  as  it 
to  its  par  value,  as  best 
it  is  of  the  first  impor- 
thc  public  that  these 
,  out  of  circulation,  be- 
|e  hands  of  the  individ- 
1  they  ought  to  be  with- 
feir  places  supplied,  as 
icy  which  will  become 
IIow  long  will  it  re 
pcrations  of  commcice, 
counts  by  the  bank,  to 
circulation  befoi-e  men- 
shock  to  the  currency, 
pressure  on  the  com- 
^  that  the  time  which 
to  run,  after  the  1st  of 
hich  the  first  order  for 
s  not  more  than  was 
object  with  safety  to 

pother  view  of  the  sub- 
lon,  made  it  impossible 
lemoval.  About  the  U 
Id  been  ascertained  tlia 
[rate  was  re-elected,  and 


that  his  decision  against  the  bank  had  thus  been 
sanctioned  by  the  people.  At  that  time  the  di.s- 
eounts  of  the  bank  amounted  to  ,'iJ()l,571,02.5  0(5. 
Although  the  issue  which  the  bank  tooksomuch 
pains  to  frame  had  now  been  tried,  and  the  de- 
cision pronounced  against  it,  yet  no  steps  were 
taken  to  prepare  for  its  approaching  end.  On 
the  contrary,  it  proceeded  to  enlarge  its  discounts, 
and,  on  the  2d  of  August,  1H3;{,  they  amounted 
tn  .'^()4,1C(),.'549  14,  being  an  increase  of  more 
than  two  and  a  half  millions  in  the  eight  months 
immediately  following  the  decision  against  them. 
And  so  far  from  preparing  to  arrange  its  affair-s 
with  a  view  to  wind  up  its  business,  it  seemed 
from  this  course  of  conduct,  to  be  the  design 
of  the  bank  to  put  its  ll"  in  such  an  attitude, 
that,  at  the  close  of  lis  charter,  the  country 
would  be  compelled  to  submit  to  its  renewal,  or 
to  bear  all  the  consequences  of  a  currency  sud- 
denly deranged,  and  also  a  severe  pressure  for  the 
immense  outstanding  claims  which  would  then 
be  due  to  the  corporation.  While  the  bank  was 
thus  proceeding  to  enlarge  its  discounts,  an  agent 
was  appointed  by  the  Secretary  of  tho  Treasury 
to  inquire  ujion  what  terms  the  State  banks 
would  undertake  to  perform  the  services  to  the 
government  which  have  heretofore  been  render- 
ed by  the  Bank  of  the  United  States ;  and  also  to 
ascertain  thc'r  condition  in  four  of  the  principal 
commercial  cities,  for  the  purpose  of  enabling  the 
department  to  judge  whether  they  would  be  safe 
and  convcnier'  depositories  for  the  public  money. 
It  was  deemed  necessary  that  suitable  fiscal 
agents  shouhi  be  prepared  in  due  season,  and  it 
was  proper  that  time  should  be  allowed  them  to 
make  arrangements  with  one  another  throughout 
the  country,  in  order  that  they  might  perform 
their  duties  in  concert,  and  in  a  manner  that 
would  be  convenient  and  acceptable  to  the  pub- 
lic. It  was  essential  that  a  change  so  important 
in  its  character,  and  so  extensive  in  its  operation 
upon  the  financial  concerns  of  the  country, 
should  not  be  introduced  without  timely  prepara- 
tion. 

"  The  United  States,  by  the  charter,  reserved 
the  right  of  appointing  five  directors  of  the  bank. 
It  was  intended  by  this  means  not  only  to  pro- 
Tide  guardians  for  the  interests  of  the  public  in 
tiie  general  administration  of  its  aflairs,  but  also 
to  have  faithful  officers,  whose  situation  would 
enable  them  to  become  intimately  acquainted 
with  all  the  transactions  of  the  institution,  and 
whose  duty  it  would  be  to  apprize  the  proper 
authorities  of  any  misconduct  on  the  part  of  the 
corporation  likely  to  afl'oct  the  public  interest. 
The  fourth  fundamental  article  of  the  constitu- 
tion of  the  corporation  declares  that  not  less 
than  seven  directors  shall  constitute  a  board  for 
the  transaction  of  business.  At  these  meetings 
of  the  board,  the  directors  on  the  part  of  the 
United  States  had  of  course  a  right  to  bo  pre- 
sent ;  and,  consequently,  if  the  business  of  the 
corporation  had  been  transacted  in  the  manner 
which  the  law  requires,  there  was  abundant  se- 
curity that  nothing  could  be  doue,  injuriously 


affecting  the  interests  of  fhe  people,  without  Ih?- 
ing  immediately  comnnmicated  to  the  public 
servants,  who  were  authorized  to  apply  the  re- 
medy. And  if  the  corporation  has  so  arranged 
its  concerns  as  to  conceal  from  the  public  direc- 
tors some  of  its  most  important  operations,  and 
has  thereby  destroyed  tho  safeguards  which 
were  designed  to  secure  the  interests  of  tho 
United  States,  it  would  seem  to  be  very  clear 
that  it  has  forfeited  its  claim  to  confidence,  and 
is  no  longer  worthy  of  trust. 

"  Instead  of  a  board  constituted  of  at  least 
seven  directors,  according  to  the  charter,  at 
which  tho.so  appointed  by  the  United  States 
have  a  right  to  be  present,  many  of  the  most 
important  mcmey  transactions  of  the  bank  have 
been,  and  still  arc,  placed  under  the  control  of  a 
committee,  denominated  the  exchange  commit- 

t,  of  which  no  one  of  tho  public  directors  has 
been  allowed  to  be  a  member  since  the  com- 
mencement of  the  present  year.  This  commit- 
tee is  not  even  elected  by  the  board,  and  tho 
public  directors  have  no  voice  in  their  appoint- 
ment. They  are  chosen  by  the  president  of  the 
bank,  ^nd  the  business  of  the  institution,  which 
ought  to  be  decided  on  by  the  board  of  direc- 
tors, is,  in  many  instances,  transacted  by  this 
conmiittee ;  and  no  one  had  a  right  to  be  pre- 
sent at  their  proceedings  but  the  president,  and 
those  whom  he  shall  please  to  name  as  members 
of  this  committee.  Thus,  loans  are  made,  un- 
known at  the  time  to  a  majority  of  the  board, 
and  paper  discounted  which  might  probably  be 
rejected  at  a  regular  meeting  of  the  directors. 
The  most  im{)ortant  operations  of  the  bank  are 
sometimes  resolved  on  and  executed  by  this 
committee ;  and  its  measures  are,  it  appears, 
designedl}',  and  by  regular  system,  so  arranged, 
as  to  conceal  from  the  oflicers  of  the  govein- 
ment  transactions  in  which  the  public  interests 
are  deeply  involved.  And  this  fact  alone  fur- 
nishes evidence  too  strong  to  be  ixsisted,  that 
the  concealment  of  certain  important  oi)erations 
of  the  corporation  from  the  officers  of  the  gov- 
ernment is  one  of  the  objects  which  is  intended 
to  be  accomplished  by  means  of  this  committee. 
The  plain  words  of  the  cluirter  are  violated,  in 
order  to  deprive  the  jjcople  of  the  United  States 
of  one  of  the  principal  securities  which  the  law 
had  provided  to  guard  their  interests,  and  to 
render  more  safe  the  public  nv)ney  intrusted  to 
the  care  of  the  bank.  Would  any  individual 
of  ordinary  discretion  continue  his  money  in  the 
hands  of  an  agent  who  violated  his  instructions 
for  the  purpose  of  hiding  from  him  the  manner 
in  which  he  was  conducting  the  business  confid- 
ed to  his  charge  ?  Would  he  continue  his  prop- 
erty in  his  hands,  when  he  had  not  only  ascer- 
tained that  concealment  had  been  practised  to- 
wards him,  but  when  the  agent  avowed  his  de- 
termination to  continue  in  the  same  course,  and 
to  withhold  from  him,  as  far  as  he  could,  all 
knowledge  of  the  manner  in  which  he  was  em- 
ploying his  funds  ?  If  an  individual  would  not 
be  expected  to  continue  his  confidence  under 


384 


THIRTY  YEARS'  VIEW. 


such  circunistanccH,  upon  wliat  principle  could  a 
diflbi^Mit  liru!  of  conduct  bo  rcquireff  from  the 
officers  of  the  United  States,  chiirj?cd  with  the 
care  of  the  public  intorcHtH  ?  The  jjublic  money 
is  surely  entitled  to  the  same  care  and  protec- 
tion as  that  of  an  individual ;  and  if  the  latter 
would  bo  bound,  in  justice  to  himself,  to  with- 
draw his  money  from  the  hands  of  an  agent 
thus  rcgardlesH  of  his  duty,  the  same  principle 
requires  that  the  money  of  the  United  States 
should,  under  the  like  circumstances,  bo  with- 
drawn from  the  hands  of  their  fiscal  agent. 

Having  shown  ample  reasons  for  ceasing  to 
make  the  public  deposits  in  the  Bank  of  the 
United  Slates,  and  that  it  was  done,  the  Secre- 
tary proceeds  to  the  next  division  of  his  subject, 
naturally  resulting  f/om  his  aathority  to  re- 
move, though  not  expressed  in  the  charter ;  and 
that  was,  to  show  where  he  had  ordered  them 
to  be  placed. 

"  The  propriety  of  removing  the  deposits  being 
thus  evident,  and  it  being  consequently  my  duty 
to  select  the  places  to  which  they  were  to  be 
removed,  it  became  necessary  that  arrangements 
should  be  immediately  made  with  the  new  de- 
positories of  the  public  money,  which  would  not 
only  render  it  safe,  but  would  at  the  same  time 
secure  to  the  government,  and  to  the  community 
at  large,  the  conveniencies  and  facilities  that 
were  intended  to  be  obtained  by  incorporating 
the  Bank  of  the  United  States  Measures  were 
accordingly  taken  for  that  purpose,  and  copies 
of  the  contracts  which  have  been  made  with  the 
selected  banks,  and  of  the  letters  of  instructions 
to  them  from  this  department,  are  herewith  sub- 
mitted. The  contracts  with  the  banks  in  the 
interior  are  not  precisely  the  same  with  those 
in  the  Atlantic  cities.  The  difference  between 
them  arises  from  the  nature  of  the  business 
transacted  by  the  banks  in  these  different  places. 
The  State  banks  .selected  are  all  institutions  of 
high  character  and  undoubted  strength,  and  are 
under  the  management  and  control  of  persons 
of  unquestioned  probity  and  intelligence.  And, 
in  order  to  insure  the  safety  of  the  public  mo  ley, 
each  of  them  is  required,  and  has  agreed,  to  give 
security  whenever  the  amount  of  the  deposit 
shall  exceed  the  half  of  the  amount  of  the  capital 
actually  paid  in ;  and  this  department  has  re- 
served to  itself  the  right  to  demand  security 
whenever  it  may  think  it  advisable,  although 
the  amount  on  deposit  may  not  be  equal  to  the 
sum  above  stated.  The  banks  selected  have  also 
severally  engaged  to  transmit  money  to  any 
point  at  which  it  may  be  required  by  the  direc- 
tion of  this  department  for  the  public  service, 
and  to  perform  all  the  services  to  the  government 
which  were  heretofore  rendered  by  the  Bank  of 
the  United  States.  And,  by  agreements  among 
themselves  to  honor  each  other's  notes  and 
drafts,  they  are  providing  a  general  currency  at 
least  as  e-ivaxd  as  that  of  the  Bank  of  the  United 


States,  and  will  afford  facilities  to  commerce  and 
in  the  business  of  domestic  exchange,  quite  equal 
to  any  which  the  community  lieretoforo  enjoyed. 
There  has  not  been  yet  sufncient  time  to  pencct 
these  arrangements,  but  enough   has  already 
been  done  to  show  that,  even  on  the  score  of  ex- 
pediency, a  Bank  of  the  United  States  is  not 
necessary,  eilhir  for  the  fiscal  operations  of  the 
government,  or  the   public    convenience ;  and 
that  every  object  which  the  charter  to  the  present 
bank  was  designed  to  attain,  may  be  as  effectually 
accomplished  by  the  State  banks.     And,  if  this 
can  ha  done,  nothing  that  is  useful  will  be  lost 
or  endangered  by  the  change,  while  much  that 
is  desirable  will  be  gained  by  it.     For  no  one 
of  these  corporations  will  possess  that  absolute 
and  almost  unlimited  dominion  over  the  property 
of  the  citizens  of  the  United  States  wliich  the 
present  bank  holds,  and  which  enables  it  at  any 
moment,  at  its  own  pleasure,  to  bring  distnsg 
upon  any  portion  of  the  community  whenever  it 
may  deem  it  useful  to  its  interest  to  make  its 
power  felt.    The  infiuenco  of  each  of  tlie  State 
banks  is  necessarily  limited  to  its  own  imme- 
diate neighborhood,  and  they  will  be  kept  in 
check  by  the  other  local  banks.     They  will  not 
therefore,  be  tempted  by  the  consciousness  tif 
power  to  aspire  to  political  influence,  nor  likely 
to  interfere  in  the  elections  of  the  jniblic  servants. 
They  will,  moreover,  be  managed  by  persons 
who  reside  in  the  midst  of  the  people  who  are 
to  be  immediately  affected  by  tiieir  measures; 
and  they  cannot  be  insensible  or  indifferent  to  tho 
opinions  and  peculiar  interests  of  those  by  whom 
they  arc  daily  surrounded,  and  with  whom  tlicy 
are  constantly  associiited.     These  circumstances 
always   furnish   strong  safeguards   against  an 
oppressive  exercise  of  power,  and  forci'tily  re- 
commend  the  employment  of  State  banks  in  pre- 
ference to  a  Bank  of  the  United  States,  with  its 
numerous  and  distant  branches. 

"  In  the  selection,  therefore,  of  the  State  bunivs 
as  the  fiscal  agents  of  the  government,  no  disud- 
vantages  appear  to  have  been  incurred  on  tlie 
score  of  safety  or  convenience,  or  the  general 
interests  of  the  country,  while  much  that  is 
valuable  will  be  gained  by  the  change.  I  rnii, 
however,  well  aware  of  the  vast  power  of  the 
Bank  of  the  United  States,  and  of  its  ability  to 
bring  distress  and  suffering  on  the  country. 
This  is  one  of  the  evils  of  chartering  a  buiik 
with  such  an  amount  of  capital,  with  the  riftht 
of  shooting  its  branches  into  every  part  of  the 
Union,  so  as  to  extend  its  influence  to  every 
neighborhood.  The  immense  loan  of  more  than 
twenty-eight  millions  of  dollars  suddenly  poured 
out,  chiefly  in  the  Western  States,  in  I80I,  and 
the  first  four  months  in  1832,  sufficiently  attet^ts 
that  the  bank  is  sensible  of  the  power  which  its 
money  gives  it,  and  has  placed  itself  in  an  atti- 
tude to  make  the  people  of  the  United  States 
feel  the  weight  of  its  resentment,  if  they  presume 
to  disappoint  the  wishes  of  the  corporation.  B.v 
a  severe  curtailment  it  has  already  made  it  pro- 
per to  withdraw  a  portion  of  the  money  it  held 


ANNO  1888.    ANDREW  JACKSON,  PRESIDENT. 


385 


^  to  coinincrcc  and 

hanRO.  quite  eqiinl 

licretotoro  enjoyed. 

ent  time  to  iiem-ct 

3Ugh  has  ulreiuly 

on  the  score  of  ex- 
cited Sttttes  is  not 

il  operations  of  the 
convenience;  and 

lartcr  to  the  present 

nay  be  as  effectually 

,anks.    And,  if  this 

,  uscfnl  wdl  be  lost 

B  while  much  that 
by  it.    t'or  no  one 

088CS8  that  absolute 

ion  over  the  property 

cd  States  winch  the 

lich  enables  it  at  any 

lire,  to  briuR  di^tross 

mmunity  whcnovt>r  it 
interest  to  make  its 

'  of  each  of  the  State 

•d  to  its  own  imnio- 

they  will  be  kept  \n 

,anks.    They  will  not 
the  consciousness  ot 

^i  influence,  nor  like  y 

,  of  the  public  servants, 

.  managed  by  persona 

of  the  people  who  arc 

ed  by  their  measures; 

iblcorindifrereiittotho 

■rests  of  those  by  whom 

1  and  with  whom  tlicy 

'   These  circumstances 

TsafcL'uards   asrainst  an 

owc'r,  and  forcit.ly  k- 

t  of  State  banks  in  pre- 

[United  States,  with  Us 

inches.         „    ,  ,     ,. 
.fore,  of  the  State  bank^ 

eovcrnment,  no  disml- 
been  incurred  on  tk 
snience,  or  the  penm 
IV  while  much  that  b 
%  the  change.  Im, 
the  vast  power  ot  the 
Ves!  and  of  its  ability  to 

fering  on  the  country. 

k  of  chartering  a  banK 

'   capital,  with  the  ng  >t 

into  e^ery  part  of  tk 

its  influence  to  every 

nensc  loan  of  more  than 

dollars  suddenly  poured 

.m  States,  in  l»^i;  "'f, 
,1832,  sufficiently  atto^» 

L  of  the  power  which  Its 

'Vaced  itself  in  an  J   - 

,le  of  the  United  Stitu 

;ntment,iftheypre-'>^; 

of  the  corporation,   i^^ 

has  already  made  ipK^ 

Ion  of  the  money  it  h^w 


on  deiiosit,  and  transfer  It  to  the  ciLstodv  of  the 
new  nscal  agcntn,  in  order  to  Ehield  tho  com- 
munity from  the  injuHtico  of  the  Bank  of  the 
United  States.  But  I  have  not  suppo.sed  that 
the  course  of  tho  government  ought  to  be  regu- 
lated by  the  fear  of  the  power  of  the  bank.  If 
such  a  motive  could  bo  allowed  to  influence  tho 
legislation  of  Congress,  or  the  action  of  the  (ex- 
ecutive departments  of  the  goveninieiit,  there  is 
an  end  to  the  sovereignty  of  the  people  ;  and  the 
hberties  of  the  country  are  at  once  surrendered 
at  the  feet  of  a  moneyed  corporation.  They  may 
now  demand  the  jiossession  of  the  public  money, 
or  the  renewal  of  tho  charter  j  and  if  these  ob- 
jects are  yielded  to  them  from  apprehensions 
of  their  power,  or  from  the  suffering  which  rapid 
curtailments  on  their  part  arc  inflicting  on  the 
community,  what  may  they  not  next  require  ? 
Will  submission  render  such  n  cori)Oration  more 
forbearing  in  its  course  ?  What  law  may  it  not 
hereafter  demand,  that  it  will  not,  if  it  pleases, 
be  able  to  enforce  by  the  same  means  ?  " 

Thus  the  keeping  of  tho  public  moneys  went 
to  the  local  banks,  the  system  of  an  independent 
treasury  being  not  then  established;  and  the 
notes  of  these  banks  necessarily  required  their 
notes  to  be  temporarily  u.sed  in  the  federal 
payments,  the  gold  currency  not  being  at  that 
time  revived.    Upon  these  local  banks  the  fede- 
ral government  was  thrown— first,  for  the  safe 
l^eeping  of  its  public  moneys  ;  secondly,  to  sup- 
ply the  place  of  the  nineteen  millions  of  bank 
notes  which  the  national  had  in  circulation; 
thirdly,  to  relievo  the  community  from  the 
Iiressure  which  the  Bank  of  tho  United  States 
had  already  commenced  upon  it,  and  which,  it 
was  known,  was  to  be  pushed  to  the  ultimate 
point  of  oppression.     But  a  difficulty  was  ex- 
perienced in  obtaining  these  local  banks,  which 
would  be  incredible  without  understanding  the 
cause.    Instead  of  a  competition  among  them  to 
obtain  the  deposits,  there  was  holding  off,  and 
an  absolute  refusal  on  the  part  of  many.    Local 
banks  were  shy  of  receiving  them — shy  of  re- 
ceiving the  greatest  possible  apparent  benefit  to 
tliemselves — shy  of  receiving  the  aliment  upon 
which  they  lived  and  grew !  and  why  this  so 
^at  apparent  contradiction  ?    It  was  the  fear 
of  the  Bank  of  the  United  States !  and  of  that 
capacity  to  destroy  them  to  which  Mr.  Biddle 
had  testified  in  his  answers  to  the  Senate's 
Finance  Committee;   and  which  capacity  was 
now  known  to  be  joined  to  the  will ;  for  the 
1  bank  placed  in  the  same  category  all  who  should 
i  b^  concerned  in  the  removal — both  the  govern- 
I  mcut  that  ordered  it,  and  the  local  banks  which 

Vol.  I.— 25 


received  what  it  lost.  But  a  competent  number 
were  found  ;  and  this  flrst  attempt  to  prevent  » 
removal,  by  preventing  a  reception  of  the  do- 
posits  elsewhere,  entirely  failed. 


CHAPTER    XCV. 

NOMINATION  OF  OOVERNMF.NT  DIRECTORS,  AND 
TIIKIR  KEJECTION. 

By  the  charter  of  the  bank,  tho  government  was 
entitled  to  five  directors,  to  be  nominated  an- 
nually by  tho  President,  and  confirmed  by  the 
Senate.  At  the  commencement  of  tho  session 
of  1833-'34,  the  President  nominated  tho  five, 
four  of  them  being  tho  same  who  had  served 
during  the  current  year,  and  who  had  made  the 
report  on  which  the  order  for  the  removal  of  the 
deposits  was  chiefly  founded.  This  drew  upon 
them  the  resentment  of  the  bank,  and  caused 
them  to  receive  a  large  share  of  reproach  and 
condemnation  in  the  report  which  tho  committee 
of  the  bank  drew  up,  and  which  the  board  of 
directors  adopted  and  published.  When  these 
nominations  came  into  the  Senate  it  was  soon 
perceived  that  there  was  to  be  opposition  to 
these  four ;  and  fbr  the  purpose  of  testing  the 
truth  of  the  objections.  Mr.  Kane,  of  Illinois, 
submitted  the  following  resolution : 

"  Resolved,  That  the  nominations  of  IT.  D. 
Gilpin,  John  T,  Sullivan,  Peter  Wager,  and 
Hugh  McEidery,  be  recommitted  to  the  Com- 
mitte  on  Finance,  with  instructions  to  inquire 
into  their  several  qualifications  and  fitness  for  tho 
stations  to  which  they  have  been  nominated ; 
also  into  the  truth  of  all  charges  preferred  by 
them  against  the  board  of  directors  of  the  Bank 
of  the  United  States,  and  into  the  conduct  of 
each  of  the  said  nominees  during  the  time  he  may 
have  acted  as  director  of  the  said  bank ;  and  that 
the  said  nominees  have  notice  of  the  times  and 
places  of  meetings  of  said  committee,  and  have 
leave  to  attend  the  same." 

Which  was  immediately  rejected  by  the  fol- 
lowing vote : 

"Yeas. — Messrs.  Benton,  Brown,  Forsyth,, 
Grundy,  Hendr'  ks.  Hill,  Kane,  King  of  Alaba- 
ma^ Linn,  McKean,  Moor,  Morris,  Bives,  Robin- 
son, Shepley,  Tallmadge,  Tipton,  White,  Wil- 
kins   Wright.— 20. 

"Nays. — Messrs.  Bell,  Bibb,  Black,  Calhoun,. 
Chambers,  Clay,  Clayton,  Ewing,  Frelinghuyseii,. 


''1 


38G 


TIIIftTY  YKAIIS'  VIKW. 


•ly 


Kent,  Kinp;  of  flcor^^iu,  Knight,  ^faiinnni,  Nnii- 
iliiin,  I'oiiuli'xter,  I'orli'r,  PriTitisM,  lloMiiiis, 
SilHbcc,  Smitfi,  Soiitlmril,  Spninuo,  Swift,  Totn- 
linson,  Tylor,  Wuifgiiiiian,  >\cl)8tt'r. — 27. 

And  tliin  ^'solution  bt-inp;  fijecti'd,  roqiiiriiiK 
a  two-fold  exuiiiiixitioii — onu  into  thu  cliaructcr 
and  qiialiflcutioiiM  of  thu  notninocs,  tlic>  other  in- 
to the  trutli  of  their  representations  against  the 
bank,  it  Wiks  i^'uined  pro|H;r  to  subtiut  another, 
limited  to  an  in(|iiiry  into  the  cliaracter  and  Ill- 
ness of  the  nominees;  which  was  rojcctcd  by  tlio 
same  vote.  Tlw  nominations  were  then  voted 
upon  separately,  and  each  of  the  four  was  reject- 
ed by  the  sani«  voto  wliich  applied  to  tho  lirst 
one,  to  wit,  Mr.  Gilpin:  and  which  was  as  fol- 
lows: 

"  Yeas. — Messrs.  IJenton,  Black,  Brown,  For- 
syth, (inindy,  Hendricks,  Hill,  Kane,  Kinn  of 
Alabama,  Linn,  McKean,  Moore,  Morris,  Uobin- 
Ron,  Sheitkv,  Tallmadgc,  Tipton,  White,  Wil- 
kins,  Wright.— 20. 

"  Nays. — Messrs.  Bell,  Bibb,  Calhoun,  Cham- 
bers, Clay.  Ewing,  Frelinuhuysen,  Kent,  Knight, 
!Mangum,  Naudain.  I'oindexter,  Porter,  Prentiss, 
Preston,  Hobbins,  Siishec,  Smith,  Sprague,  Swift, 
Tomlinson,  'J'y'*-''')  Waggaman,  Webster. — 24. 

These  rejections  being  communicated  to  the 
President,  he  hnmediately  felt  that  it  presented 
a  new  case  for  his  energy  and  decision  of  conduct. 
The  w  hole  of  the  rejected  gentlemen  had  been 
confirmed  the  year  before — had  all  acted  as  di- 
rectors for  the  current  year — and  thcro  was  no 
complaint  against  them  except  from  the  Bank  of 
the  United  States ;  and  that  limited  to  their 
conduct  in  giving  information  of  transactions  in 
the  bank  to  President  Jackson  at  his  written 
request.  Their  characters  and  fitness  were  above 
question.  That  was  admitted  by  the  Senate, 
both  by  its  previous  confirmation  for  the  same 
places,  and  its  present  refusal  to  inquire  into 
those  points.  The  information  which  they  had 
given  to  the  President  had  been  copied  from  the 
books  of  the  bank,  and  the  transactions  which 
they  communicated  had  been  objected  to  by  them 
at  the  time  as  illegal  and  improper ;  and  its  truth, 
unimpeachable  in  itself,  was  unimpeached  by  the 
Senafe  in  their  refusal  to  inquire  into  their  con- 
duct while  directors.  It  was  evident  then  that 
they  had  been  rejected  for  the  report  which  they 
made  to  the  President ;  and  this  brought  up  the 
question,  whether  it  was  right  to  punish  them 
for  that  act  ?  and  w^hethcr  the  bank  should  have 
the  virtual  nomination  of  the  government  direc- 


tors by  causing  those  to  be  njtcted  wliich  tho 
govirnau'iit  nominated  ?  and  juTmittitig  none  */> 
M'rve  liut  those  whoso  con<lnrt  should  be  sulior- 
dinatc  to  tho  views  and  i)olicy  of  tho  bank  ? 
These  were  questions,  first,  for  the  Senate,  and 
then  for  the  country  ;  and  the  I'ri'sident  deter- 
mined to  bring  it  before  both  in  a  formal  mes 
sage  of  re-nomination.  lie  accordingly  sent  biuk 
the  names  of  thu  four  rejected  noniinntiotis  in  a 
messago  which  contained,  among  others,  theso 
passages : 

"I  disclaim  all  pretension  of  right  on  tho  part 
of  the  President  oHicially  to  inquire  into,  or  cull 
in  question,  the  reasons  of  tho  Senate  for  reject- 
ing any  nomination  whatsoever.  As  the  Presi- 
dent is  not  responsible  to  them  for  the  n-asons 
which  induce  him  to  make  a  nomination,  so  tlicy 
are  not  responsible  to  him  for  the  reasons  which 
induce  them  to  reject  it.  In  these  respects,  each 
is  independent  of  the  other  and  both  responsililc 
to  their  respective  constittients.  NevertheicsM, 
the  attitude  in  which  certain  vital  interests  of  ijie 
country  are  placed  by  the  njection  of  the  >;eii- 
tlemen  now  re-nominated  require  of  me.  frankly, 
to  communicato  my  views  of  the  consequences 
which  must  necessarily  follow  this  act  of  the 
Senate,  if  it  be  not  reconsidered. 

"  The  characters  and  standing  of  these  gentle- 
men are  well  known  to  the  conununity,  ainl 
eminently  qualify  them  for  the  otlices  to  which 
I  propose  to  appoint  them.  Their  confinimtion 
by  the  Senate  at  its  last  session  to  the  same  offi- 
ces is  proof  that  such  was  the  opinion  of  them 
entertained  by  the  Senate  at  that  time ;  and  un- 
less some  thing  has  occurred  since  to  change  it. 
this  act  may  now  be  .'eferred  to  as  evidence  that 
their  talents  and  pursuits  justified  their  selec- 
tion. 

"  The  refusal,  however,  to  confirm  their  nomi- 
nations to  the  same  ollices,  shows  that  there  is 
something  in  the  conduct  of  these  gentlemen 
during  the  last  year  which,  in  the  ojjinion  of  tho 
Senate,  disqualifies  them  ;  and  as  no  charge  ha.- 
been  made  a 'gainst  them  as  men  or  citizens,  no- 
thing which  impeaches  the  fair  private  character 
they  possessed  when  the  Senate  gave  them  their 
sanction  at  its  last  session,  and  as  it  moreover 
appears  from  the  journal  of  the  Senate  recently 
tran...iutted  for  my  inspection,  that  it  was  deem- 
ed imnece.ssary  to  inquire  into  their  (lualification* 
or  character,  it  is  to  bo  inferred  that  tho  chanpe 
in  the  opinion  of  the  Senate  has  arisen  from  the 
official  conduct  of  these  gentlemen.  The  only 
ciroamstances  in  their  official  conduct  which 
have  been  deemed  of  sufliciont  importance  to  at- 
tract public  attention  are  the  two  rei)orts  made 
by  them  to  the  executive  department  of  the gov- 
etnment,  the  one  bearing  date  the  2'2d  day  of 
April,  and  the  other  the  I'Jth  day  of  August  last ; 
Loth  of  which  reports  wore  communicated  to  the 
Senate  by  the  Secretary  of  the  Treasury  with 
his  reasons  for  removing  the  dcpobits. 


ANNO  1888.    ANDREW  JACKhON,  PRFi^IDKNT. 


387 


ji'Ctetl  which  tho 
LTinittinnnonoto 
Bhoulil  \>c  siihor- 
-y  of  tho  hank? 
r  the  Si-iiati«,  and 

VresiiU'ul  dctpr- 

in  a  foimn'  n\i's 
onrin^ly  f fii'  hmk 
\  Honiiniiii""'*  in  ft 
uong  othcre,  these 

jfriphtt>n  the  part 
inquire  into,  or  cull 
10  Senate  for  rejict- 
vi-r.     Art  IhePresi- 
lom  for  tVic  reasons 
,  nomini.«.ion,80tlity 
,r  the  reasons  which 
J  these  respects,  each 
and  hoth  responsil.lc 
lonts.    Nevertheless, 
,  vital  interests  ol  the 

veieetiou  of  tlie  v.v\\- 
cquive  of  uie.  frankly, 

of  the  consequencrs 

,llow  this  act  of  the 

lereth 

tn-Uni;  of  these  pentle- 

the  conuuiniily,  ana 
Ir  the  olliees  to  which 
Their  conlhnmtion 
ssion  to  the  sanie  otii- 
'  the  opinion  of  them 
at  that  time ;  and  lin- 
ed since  to  change  it. 
•ed  to  as  evidence  that 
justiticd  their  sclcc- 

to  confirm  tlieir  nomi- 
•s  shows  that  there  i> 
et  of  these  pentlemen 
li  in  the  opinion  of  tin 
.  'and  as  no  cliarge  lia^ 
as  men  or  citizens,  no- 
fair  private  characUr 
-senate  gave  them  tkir 
on,  and  as  it  moreover 
of  the  Senate  recently 
•tion,  that  it  was  dccni- 
into  their  qualilication> 

iferrcd  that  the  chan?c 

ito  has  arisen  from  the 

gentlemen.     The  onlv 

.official  conduct  which 

kcient  importance  to  a  - 

the  two  reports  uiaek 

department  of  the  siov- 

,r  date  the  2-2d  day  1 

'ythdayofAupi^l^J' 
.re  communicated  to  tk 

'  of  the  Treasury  wHb 
the  depobits. 


"Tho  truth  of  the  fiicts  stnted  in  these  reports, 
U  not,  I  presume,  (iiiestioned  hy  any  one.  The 
hijifh  character  aiui  standinx  of  tlie  citiwns  hy 
witom  tliey  were  made  pnvent  any  doul)t  ui)on 
the  Kuhject.  Indeed  tho  Htatemcnts  have  not 
lieeii  denied  hy  the  pn-sidenl  of  the  liank,  and 
the  other  directors.  On  the  contrary,  they  have 
insisted  tliat  they  weru  authorized  to  use  the 
money  of  the  hank  in  the  manner  stat*>d  in  tlie 
two  re|torts,  and  Imve  nottlenied  that  the  charges 
there  made  against  tho  coi1)omtion  are  suhstan- 
tially  true. 

'■  It  must  he  taken,  therefore,  as  admitted  that 
tlie  statements  of  the  puhlic  directorH,  in  the  re- 
|iorls  altovo  mentioned,  arc  correct:  mid  tliey 
disclose  tho  most  alarminj?  ahiises  on  tho  part 
of  the  corponition,  and  the  most  strenuous  ex- 
ertions on    thiir  part  to  put  an  end  to  them. 
They  provo  that  enormous  sums  were  secretly 
lavished  in  a  manner,  and   for  purpo,se8   that 
cannot  ho  justified ;  and  tlmt  the  whole  of  the 
iminonse  capital  of  the  hank  has  been  virtually 
placed  at  the  disposal  of  a  6in|<;le  individual,  to  be 
u.scd,  if  lie  thinks  proper,  to  corrupt  the  press, 
and  to  control  the  proceedings  of  the  government 
by  e.vercisinp;  an  undue  influence  over  elections. 
"  The  reports  were  made  in  obedience  to  my 
offlciid    directions ;    and   I   herewith    transmit 
ciipies  of  my  letter  calling  for  information  of 
the  proceedinf^s  of  tho  bank.     Were  they  bound 
to  disregard  tho  call  ?    Was  it  their  duty  to  re- 
main silent  while  abuses  of  the  most  injurious 
and  dangerous  character  were  daily  practised  ? 
Were  tliey  bound  to  conceal  fiom  the  constitut- 
(d  authorities  a  course  of  measures  destructive 
ti)  the  best  interests  of  the  country,  and  inteud- 
cil,  gradually  and  secretly,  to  subvert  the  foun- 
dations of  our  government,  and  to  transfer  its 
powers  from  the  hands  of  the  iwople  to  a  great 
moneyed  corporation?    Was  it  their  duty  to 
sit  in  silence  at  the  board,  and  witness  all  these 
abuses  without  an  attempt  to  correct  them  ;  or, 
in  case  of  failure  there,  not  to  appeal  to  higher 
authority  ?    The  eighth  fundamental  rule  au- 
thorizes any  one  of  the  directors,  whether  elect- 
ed or  appointed,  who  may  have  been  absent 
when  an  excess  of  debt  was  created,  or  who 
may  have  dissented  from  the  act.  to  exonerate 
himself  from  personal  responsibility  Ity  giving 
notice  of  the  fact  to  tho  President  of  the  United 
States ;  thu.s  recognizing  the  propriety  of  com- 
municating to  that  officer  the  proceedings  of  the 
board  in  such  cases.     But,  independently  of  any 
arpiincnt  to  be  derived  from  the  principle  re- 
.ojrnized  in  the  rule  referred  to,  I  cannot  doubt 
fur  a  moment  that  it  is  the  right  and  the  duty 
of  every  director  at  the  board  to  attempt  to 
cnrrect  all  illegal  proceedings,  and  in  case  of 
failure,  to  disclose  them ;  and  that  every  one  of 
them,  whether  elected  by  the  stockholders  or 
appointed  by  the  government,  who  had  know- 
ledge of  the  facts,  and  concealed  them,  would  be 
justly  amenable  to  the  severest  censure. 

'"But,  in  the  case  of  the  public  directors,  it 
vas  their  peculiar  and  official  duty  to  make  the 


disclosures ;  and  the  call  upon  them  for  iiifor- 
mati)Ti could  not  have  been  disregarded  without 
a  flagrant  breach  of  tli«'ir  trust.  The  din>ctors 
appoi!ite<l  by  ttie  ('nited  States  cannot  be  re- 
garded in  tlu!  light  of  the  uiilinary  directors  of 
a  bank  appointed  hy  the  sttH'kholders,  and 
charged  with  the  care  of  their  jHt  iininry  in- 
terests in  the  corporation.  They  have  higher 
and  more  im|K)rtant  duties.  They  t\n^  public 
oftlcers.  They  are  placed  at  the  board  not 
merely  to  repix'seiit  the  stock  held  by  the  I'ni- 
tcd  States,  but  to  observe  the  conduct  of  the 
corporation,  and  to  watch  over  tho  public  in- 
terests. It  was  foreseen  that  this  great  money- 
ed monoiK>ly  might  Im)  so  managed  as  to  endan- 
ger the  interests  of  tho  country  ;  and  it  was 
therefore  deemed  necessary,  as  a  measure  of 
precaution,  to  place  at  tho  board  watchful  sen- 
tinels, who  should  observe  its  conduct,  and 
stand  ready  to  report  to  the  proper  oflicers  of 
the  goverment  every  act  of  the  board  which 
might  affect  injuriously  the  interests  of  the 
people. 

"It  was,  perhaps,  scarcely  neces.sary  to  pre- 
sent to  the  Senate  these  views  of  the  lowers  of 
the  Executive,  and  of  the  duties  of  the  five  tli- 
rectors  appointed  hy  the  United  States.  But 
the  bank  is  I  jlievcd  to  bo  now  striving  to  ob- 
tain for  itself  the  government  of  the  country, 
and  is  seeking,  by  new  and  strained  construc- 
tions, to  wrest  from  the  hands  of  the  constituted 
authorities  the  salutary  control  reserved  by  the 
charter.  And  as  misrepresentation  is  one  of  its 
most  usual  weapons  of  attack,  I  have  deemed  it 
my  duty  to  put  before  the  Senate,  in  a  manner 
not  to  be  misunderstood,  the  principles  on  which 
1  have  acted. 

"Entertaining,  as  T  do,  a  solemn  conviction 
of  tho  truth  of  these  principles,  I  must  adhere 
to  them,  and  act  upon  them,  with  constancy  and 
firmness. 

"  Aware,  as  I  now  am,  of  the  dangerous  ma- 
chinations of  the  bank,  it  is  more  than  ever  my 
duty  to  be  vigilant  in  guarding  the  rights  of  the 
peojile  from  the  impending  danger.  And  I 
slionld  feel  that  I  ought  to  forfeit  the  confi- 
dence with  which  my  coimtrymen  have  honored 
me,  if  I  did  not  require  regular  and  full  reports 
of  every  thing  in  the  proceedings  of  the  bank 
calculated  to  affect  injuriously  tho  public  in- 
terests, from  the  public  directors,  and  if  the  di- 
rectors should  fail  to  give  the  information  called 
for,  it  would  bo  my  imperious  duty  to  exercise 
the  power  conferred  on  me  by  the  law  of  remov- 
ing them  from  ofBce,  and  of  appointing  others 
who  would  discharge  their  duties  with  more 
fidelity  to  the  public.  I  can  never  suffer  any 
one  to  hold  office  under  me,  who  would  connive 
at  corruption,  or  who  should  fail  to  give  tho 
alarm  when  he  saw  the  enemies  of  liberty  en- 
deavoring to  sap  the  foundations  of  our  free  in- 
stitutions, and  to  subject  the  free  people  of  the 
United  States  to  the  dominion  of  a  great  mon- 
eyed corporation. 

"  Any  directors  of  the  bank,  therefore,  who 


IB 


■UM    I 


388 


THIRTY  YEARS'  VIEW. 


■I' 


might  be  appointed  by  the  government,  would 
be  required  to  report  to  the  Executive  as  full)' 
as  the  late  directors  have  done,  and  more  fre- 
quentlj',  because  the  danger  is  more  imminent ; 
and  it  would  be  my  duty  to  require  of  them  a 
full  detail  of  every  part  of  the  proceedings  of 
the  corporation,  of  any  of  its  officers,  in  order 
that  1  might  be  enabled  to  decide  whether  I 
should  exercise  the  power  of  ordering  a  scire 
facias,  wliich  is  reserved  to  the  President  by  the 
charter,  or  adopt  such  other  lawfid  measures  as 
the  interests  of  the  country  might  require.  It 
is  too  obvious  to  bo  doubted,  that  the  miscon- 
duct of  the  corporation  would  never  have  been 
brought  to  light  by  the  aid  of  a  public  procec<l- 
ing  at  the  board  of  directors. 

"  The  board,  when  called  on  by  the  govern- 
ment directors,  refused  to  institute  an  inquiry 
or  reqtiin'  an  account,  and  the  mode  adopted  by 
the  latter  was  the  only  one  by  which  the  ob- 
ject could  be  attained.  It  would  b.'  absurd  to 
admit  the  right  of  the  government  directors  to 
give  information,  and  at  the  same  time  deny  the 
means  of  obtaining  it.  It  would  be  but  another 
mode  of  enabling  the  bank  to  conceal  its  proceed- 
ings, and  practice  with  impunity  its  corruptions. 
Tn  the  mode  of  obtaining  the  information,  there- 
fore, and  in  their  eftbrts  to  put  an  end  to  the 
abuses  disclosed,  as  well  as  in  reporting  them, 
the  conduct  of  the  late  directors  was  judicious 
and  praiseworthy,  and  the  honesty,  firmness, 
and  intelligence,  which  they  have  displayed, 
entitle  them,  in  my  opinion,  to  the  gratitude  of 
the  country. 

"If  the  views  of  the  Senate  be  such  as  I  have 
supposed,  the  difficulty  of  sending  to  the  Senate 
any  other  names  than  those  of  the  late  directors 
will  be  at  once  apparent.  I  cannot  consent  to 
place  before  the  Senate  the  name  of  any  one 
who  is  not  prepared,  with  tirmness  and  honesty, 
to  discharge  the  duties  of  a  public  director  in 
the  manner  they  were  fulfilled  by  those  whom 
the  Senate  have  refused  to  confirm.  If,  for  per- 
forming a  duty  lawfully  required  of  them  by 
the  Executive,  they  are  to  be  punished  by  the 
subsequent  rejection  of  the  Senate,  it  would 
nut  only  be  useless  but  cruel  to  place  men  of 
cliaracter  and  honor  in  that  situation,  if  even 
such  men  could  be  found  to  accept  it.  If  they 
failed  to  give  the  required  information,  or  to 
take  proper  measures  to  obtain  it,  they  would 
be  removed  by  the  Executive.  If  they  gave  the 
information,  and  took  proper  measures  to  ob- 
tain it,  they  would,  upon  the  next  nomination, 
be  rejected  by  the  Senate.  It  would  be  unjust 
in  me  to  place  any  other  citizens  in  the  predic- 
ament in  which  this  unlooked  for  decision  of 
ttie  Senate  has  placed  the  estimable  and  honor- 
able men  who  were  directors  during  the  last 
year. 

"  If  I  am  not  in  error  in  relation  to  the  prin- 
ciples upon  which  these  gentlemen  have  been 
rejected,  the  necessary  consequence  will  be  that 
the  bank  will  hereafter  be  without  government 
directors  and  the  people  of  the  United  States 


must  be  deprived  of  their  chief  means  of  pro- 
tection against  its  abuses ;  for,  whatever  con- 
flicting opinions  may  exist  as  to  the  right  of 
the  directors  appointed  in  January,  1833,  to 
hold  over  until  new  appointments  shall  be  made, 
it  is  very  obvious  that,  whilst  their  rejection 
by  the  Senate  remains  in  force,  they  cannot, 
with  propriety,  attempt  to  exercise  such  a 
power.  In  the  present  state  of  things,  there- 
fore, the  corporation  will  be  enabled  effectually 
to  accomplish  the  object  it  has  been  so  long 
endeavoring  to  attain.  Its  exchange  commit- 
tees, and  its  delegated  powers  to  its  president, 
may  hereafter  be  dispensed  with,  without  in- 
curring the  danger  of  exposing  its  proceedings 
to  the  public  view.  The  sentinels  which  the 
i:»w  had  placed  at  its  board  can  no  longer  appear 
t  here. 

"  Justice  to  myself,  and  to  the  faithful  offi- 
cers by  whom  the  public  has  been  so  well  and 
so  honorably  served,  without  compensation  or 
reward,  during  the  last  year,  has  required  of 
me  this  full  and  frank  exposition  of  my  motives 
for  nominating  them  again  after  their  rejection 
by  the  Senate.  I  repeat,  that  I  do  not  question 
the  right  of  the  Senate  to  confirm  or  reject  at 
their  pleasure ;  and  if  there  had  been  any  rea- 
son to  suppose  that  the  rejection,  in  this  case, 
had  not  been  produced  by  the  causes  to  which 
I  have  attributed  it,  or  of  my  views  of  tluir 
duties,  and  the  present  importance  of  their  rigid 
performance,  were  other  than  they  are,  I  should 
have  cheerfully  acquiesced,  and  attempted  to 
find  others  who  would  accept  the  unenviable 
trust.  But  I  cannot  consent  to  appoint  direc- 
tors of  the  bank  to  be  the  subservient  instru- 
ments, or  silent  spectators,  of  its  abuses  ami 
corruptions,  uor  can  I  ask  honorable  men  to 
undertake  the  thankless  diity,  with  the  certain 
prospect  of  being  rebuked  by  the  Senate  for  its 
faithful  performance,  in  pursuance  of  the  lawful 
directions  of  the  Executive." 

This  message  brought  up  the  question,  vir- 
tually. Which  was  the  nominating  power,  in  the 
case  of  the  government  directors  of  the  bank  ? 
was  it  the  President  and  Senate  ?  or  the  bank 
and  the  Senate?  for  it  was  evident  that  tiio 
four  now  nominated  were  rejected  to  gratify 
the  bank,  and  for  reasons  that  would  apply  to 
every  director  that  would  discharge  his  duties 
in  the  way  these  four  had  done — namely,  as 
government  directors,  representing  its  stock, 
guarding  its  interest,  and  acting  for  the  govcni- 
ment  in  all  cases  which  concerned  the  welfare 
of  an  institution  whose  notes  were  a  national 
currency,  whose  coffers  were  the  depository  if 
the  public  moneys,  and  in  which  it  had  a  direci 
interest  of  seven  millions  of  dollars  in  its  stock. 
It  brought  up  this  question :  and  if  negative!. 
virtually  decided  that  the  nominating  power 


J  ;.  "ii; 


iliWiKiBiiwtiuwMiiiiaii 


ANNO  1833.    ANDREW  JACKSON,  PRESIDENT. 


389 


lief  means  of  pro- 
for,  whatever  con- 
jB  to  the  right  of 
January,  1833,  to 
lents  shall  he  made, 
lilat  their  rejection 
force,  they  cannot, 
0  exercise  sucli  a 
ite  of  things,  therc- 
y  enaliU'd  elVectunhy 
it  has  been  so  hmg 
9  exchange  connuit- 
rers  to  its  prcsuknt, 
■d  with,  without  m- 
jsing  its  proceiHhnps 
sentinels  which  the 
a  can  no  longer  appear 

a  to  the  faithful  ofR- 
has  been  so  well  and 
lout  compensation  or 
year,  has  required  ol 
position  of  my  niotvvea 

in  after  their  rejectum 
thatldonotqucstum 
to  continn  or  reject  at 
[icre  had  been  any  ica- 
rcjection,  in  tins  case 
by  the  causes  to  which 
r  of  my  views  of  their 
importance  of  their  npd 
n  than  they  are,IshouW 
seed,  and  attempted  to 
accept  the  unenviable 
jnsent  to  appoint  direc- 
the  subservient  instru- 
ctors, of  its  abuses  and 
I  ask  honorable  men  to 
;s  duty,  with  the  certain 
ed  by  the  Senate  or  Its 
pursuance  of  the  laNvlul 

ktive." 

Lht  up  the  question,  vir- 
fnomiimting  power,  in  tlic 

It  directors  of  the  bank 
Ld  Senate  1  or  the  bank 
[it  was  evident  that  the 
I  were  rejected  to  gratify 
Isons  that  would  apply  to 
lould  discharge  his  duties 
Vr  had  done-namely,  as 
I   representing   its  slock, 
land  acting  for  the  govm>- 
th  concerned  the  welto 
Le  notes  were  a  natioua 
[rs  were  the  depository  .1 
Linwhichithadadiren 
Ions  of  dollars  in  its  stock. 
luestion:andifnegtttm.l. 
lat  the  nominating  vom'  \ 


should  bo  in  the  bank ;  and  that  the  govern- 
ment directors  should  no  more  give  such  infor- 
niation  to  the  President  as  these  four  had  given. 
And  this  question  it  was  determined  to  try,  and 
that  definitively,  in  the  persons  of  these  four 
nominated  diivctors,  with  the  declared  deter- 
mination to  nominate  no  others  if  they  were 
rejected ;  and  so  leave  the  government  without 
repivsentation  in  the  bank.  This  message  of 
re-iioinination  was  referred  to  the  Senate's  Com- 
mittee of  Finance,  of  which  Mr.  Tyler  was  chair- 
man, and  who  made  a  report  adverse  to  the  re- 
nominations,  and  in  favor  of  again  rejecting  the 
nominees.  The  points  made  in  the  report  were, 
Jirst,  the  absolute  right  of  the  Senafe  to  reject 
nominations ;  secondly,  their  privilege  to  give 
no  reasons  for  their  rejections  (which  the  Pre- 
sident had  not  asked) ;  and,  thirdly,  against  the 
general  impolicy  of  making  re-nominations, 
while  admitting  both  the  right  and  the  practice 
in  cxtrordinary  occasions.  Some  extracts  will 
show  its  character :  thus : 

"The  President  disclaims,  indeed,  in  terms, 
all  right  to  inquire  into  the  reasons  of  the  Sen- 
ate for  rejecting  any  nomination ;  and  yet  the 
message  immediately  undertakes  to  infer,  from 
facts  and  circumstances,  what  those  reasons, 
which  influenced  the  Senate  in  this  case,  must 
have  been ;  and  goes  on  to  argue,  much  at  large, 
against  the  validity  of  such  supposed  reasons. 
The  committee  are  of  opinion  that,  if,  as  the 
President  admits,  he  cannot  inquire  into  the 
reasons  of  the  Senate  for  refusing  its  assent  to 
nominations,  it  is  still  more  clear  that  these 
reasons  cannot,  with  propriety,  be  assumed, 
and  made  subjects  of  comment. 

"  la  cases  in  which  nominations  are  rejected 
for  iwasons  affecting  the  character  of  the  per- 
sons nominated,  the  committee  think  that  no 
inference  is  to  be  drawn  except  what  the  vote 
shows ;  that  is  to  say,  tha  •.  the  Senate  with- 
holds its  advice  and  consent  from  the  nomina- 
tions. And  the  Senat(>,  not  being  bound  to 
give  reasons  for  its  votes  in  these  cases,  it  is 
not  bound,  nor  would  it  lie  proper  for  it,  as  the 
committee  think,  to  give  any  answer  to  remarks 
foinidcd  on  tlie  presumption  of  what  such  rea- 
sons must  have  been  in  the  present  case.  They 
feel  themselves,  therefore,  compelled  to  forego 
any  response  whatever  to  the  message  of  tlie 
President,  in  this  particular,  as  well  by  the  rea- 
sons before  assigned,  as  out  of  respect  to  that 
iiigh  officer, 

"The  President  acts  upon  his  own  views  of 
puliiic  policy,  in  making  nominations  to  the 
iSenate ;  and  the  Senate  does  no  more,  when  it 
confirms  or  rejects  such  nominations. 

"  For  cither  of  these  co-ordinate  departments 
to  enter  into  the  cousideratiuu  of  the  motives 


of  the  other,  would  not,  and  could  not,  fail,  in 
the  end,  to  break  up  all  hannonious  intercourse 
between  them.  This  your  committee  would 
deplore  as  highly  injurious  to  the  lx>st  interests 
of  the  country.  The  President,  doubtless,  asks 
himself,  in  the  case  of  every  nomination  for 
office,  whether  the  person  be  fit  for  the  office ; 
whetiier  he  l)e  actuated  by  correct  views  and 
motives ;  and  whether  he  lie  likely  to  Ito  influ- 
enced by  those  considerations  which  should 
alone  govern  him  in  the  discharge  of  his  duties 
— is  he  honest,  capable,  and  faithful  ?  lUing 
satisfied  in  these  particulars,  the  President  sub- 
mits his  name  to  the  Senate,  where  the  same 
inquiries  arise,  and  its  decision  should  lie  pre- 
sumed to  be  dictp^ -d  by  the  same  high  consi- 
derations as  those  which  govern  the  President 
in  originating  the  nomination. 

'-  For  these  reasons,  the  committee  have  alto- 
gether refrainef.  from  entering  into  any  discus- 
sion of  the  legal  duties  and  obligations  of  direc- 
tors of  the  bank,  appointed  by  the  President 
and  Senate,  which  forms  the  main  topic  of  the 
message. 

"  The  committee  would  not  feel  that  it  had 
fully  acquitted  itself  of  its  obligations,  if  it  did 
not  avail  itself  of  this  occasion  to  call  the  at- 
tention of  the  Senate  to  the  general  subject  of 
renomination. 

"  The  committee  do  not  deny  that  a  right  of 
renomination  exists ;  but  they  are  of  opinion 
that,  in  very  clear  and  strong  cases  only  should 
the  Senate  reverse  decisions  which  it  has  delili- 
erately  formed,  and  officially  communicated  to 
the  President. 

*'  The  committee  perceive,  with  regret,  an  in- 
timation in  the  message  that  the  President  may 
not  see  fit  to  send  to  the  Senate  the  names  of 
any  other  persons  to  be  directors  of  the  bank, 
except  those  whose  nominations  have  lioen  al- 
ready rejected.  While  the  Senate  will  exercise 
its  own  rights  according  to  its  own  views  of  its 
duty,  it  will  leave  to  other  officers  of  the  go- 
vernment to  decide  for  themselves  on  the  man- 
ner they  will  perform  their  duties.  The  com- 
mittee know  no  reasons  why  these  offices  should 
not  be  filled ;  or  why,  in  this  case,  no  further 
nomination  should  be  made,  after  the  Senate 
has  exercised  its  unquestionable  right  of  reject- 
ing particular  persons  who  have  been  nomi- 
nated, any  more  than  in  other  cases.  The  Sen- 
ate will  be  ready  at  all  times  to  receive  and 
consider  any  such  nominations  as  the  President 
may  present  to  it. 

"  The  committee  recommend  that  the  Senate 
do  not  advise  and  consent  to  the  appointment 
of  the  persons  thus  renominated." 

While  these  proceedings  were  going  on  in 
the  Senate,  the  four  rejected  gentlemen  were 
paying  some  attention  to  theii  own  case ;  and, 
in  a  "  memorial "  addressed  to  the  Senate  and 
to  the  House  of  Representatives,  answered  the 
charges  against  them  iu  the  Directors'  Report, 


m 


i'l. ' 


390 


THIRTY  YEARS'  VIEW. 


Nl' 


'y    I 


and  viiidicnted  their  own  conduct  in  giving  the 
infornmtion  which  tho  I'rcsidcnt  requested — 
reasscited  tho  truth  of  tliat  information ;  and 
gave  furtlier  details  upon  the  manner  in  which 
they  had  been  systematically  excluded  from  a 
participation  in  conducting  the  main  business 
of  the  bank,  and  even  from  a  knowledge  of  what 
was  done.    They  said : 

"  Selected  by  the  President  and  Senate  as 
government  directors  of  the  Bank  of  the  United 
States,  we  have  endeavored,  during  tho  present 
year,  faithfully  to  discharge  tho  (hities  of  tluit 
responsible   trust.     Appointed  without  solici- 
tation, deriving  from  the  office  no  emolument, 
we  have  been  guided  in  our  conduct  by  no  views 
but  a  determination  to  uphold,  so  far  as  was  in 
our  power,  those  principles  which  we  believe 
actuated  the  people  of  the  United  States  in  es- 
tablishing a  national  bank,  and  in  providing  by 
its  charter  that  they  should  bo  represented  at 
the   boanl   of  directors.      AVe   have   regardetl 
that  institution,  not  merely  as  a  source  of  profit 
to  individuals,  but  as  an  organ  of  the  govern- 
ment, established  by  the  nation  for  its  own 
benotlt.     We  have  regarded  ourselves,  not  as 
mere  agents  of  those  whose  fimds  have  been 
subscribed  towards  the  capital  of  the  bank,  but 
as  officers  appointed  on  behalf  of  the  American 
people.     We  have  endeavored  to  govern  all  our 
conduct  as   faithful  representatives   of  them. 
We  ha\  e  been  deterred  from  this  by  no  pre- 
coucertod  system  to  deprive  us  of  our  rights, 
by  no  impeachment  of  our  motives,  b>-  no  false 
views  of  policy,  by  no  course  of  management 
which  might  be  supposed  to  promote  the  inter- 
ests of  those  concerned  in  the  institution,  at 
the  danger  or  sacrifice  of  tho  general  good. 
We  have  left  the  other  directors  to  govern 
themselves  as   they  may  think  best  for  the 
interests  of  those  by  whom  they  were  chosen. 
For  ourselves,  we  have  been  detennined,  that 
where  any  differences  have  arisen,  involving  on 
the  one  hand  that  open  and  correct  course 
which  is  beneficill  to  the  whole  community, 
and,  on  the  other,  what  are  supposed  to  be  tho 
interests  of  the  bank,  our  eilbrts  should  be 
steadily  directed  to  uphold  the  former,  our  re- 
monstrances against  the  latter  should  be  re- 
solute and  constant ;  and,  when  they  proved 
unavailing,  our  appeal  should  be  made  to  those 
who  were  more  immediately  intrusted  with  the 
protection  of  the  public  welfare. 

"  In  pursuing  this  course  wo  have  lieen  met 
by  an  organized  system  of  opposition,  on  the 
part  of  the  majority.  Our  efforts  have  been 
thwarted,  our  moti'os  and  actions  have  been 
misrepresented,  our  rights  have  been  denied, 
and  the  limits  of  our  duties  have  been  gratu- 
iauisly  pointed  o»it  to  us,  by  those  who  have 
Bought  to  curtail  them  to  meet  their  own  policy, 
not  that  which  we  believe  led  to  the  creation 
of  the  offices  we  hold.     Asserting  that  injury 


has  been  done  to  them  by  the  late  measure  of 
the  Secretary  of  the  Truii  iry,  in  reniovinjj  the 
public  deposits,  an  elaborate  statemeui  'iik  In  en 
prepared  and  widely  circulated ;  and  taking 
that  as  their  basis,  it  has  been  resolved  l>y  the 
majority  to  present  a  memorial  to  the  Senate 
and  House  of  Representatives.  We  have  not, 
and  do  not  interfere  in  the  controvei"sy  which 
exists  between  the  majority  of  the  board  and 
the  executive  department  of  the  government ; 
but  unjustly  assailed  as  we  have  been  in  the 
statement  to  which  we  have  referred,  we  re- 
spectfully claim  the  same  right  of  submitting 
our  conduct  to  the  same  tribunal,  and  asking 
of  the  assembled  representatives  of  the  Ameri- 
can people  that  impartial  hearing,  and  that  fair 
protection,  which  all  their  officers  and  all 
citizens  have  a  right  to  demand.  We  shall 
endeavor  to  present  the  view  we  have  taken  of 
the  relation  in  which  wo  are  i)laced,  as  well 
towards  tho  institution  in  question  as  towards 
the  government  and  people  of  the  United  States, 
to  prove  that  from  the  moment  we  took  our 
seats  among  tho  directors  of  the  bank,  we  have 
been  the  objects  of  a  systematic  opposition; 
our  rights  trampled  upon,  our  just  interfer- 
ence prevented,  and  our  offices  rendered  utterlj' 
useless,  for  all  the  purposes  required  by  the 
charter ;  .and  to  show  that  the  statements  by 
tho  majority  of  the  board,  in  the  document  to 
which  we  refer,  convey  n  account  of  their  pro- 
ceedings and  conduct  altogether  illusory  and 
incorrect." 

The  four  gentlemen  then  state  their  opinions 
of  their  rights,  and  their  duties,  as  government 
directors — that  they  were  devised  as  instru- 
ments for  tho  attainment  of  public  c'yects— 
that  they  were  ptiblic  directors,  not  elected  by 
stockholders,  but  appointed  by  the  President 
and  Senate — that  their  duties  were  not  merely 
to  represent  a  moneyed  interest  and  promote 
the  largest  dividend  for  stockholders,  but  also 
to  guard  all  the  public  and  political  interest  of 
the  government  in  an  institution  so  largely 
sharing  its  support  and  so  deeply  interested  in 
its  safe  and  honorable  management.  And  in 
support  of  this  opinion  of  their  duties  they 
quoted  the  authority  of  Gen.  Hamilton,  foundur 
of  the  first  bank  of  tho  United  States  ;  and  that 
of  Mr.  Alexander  Dallas,  founder  of  the  second 
and  present  bank  ;  showing  that  each  of  them, 
and  at  tho  time  of  establishing  the  two  banks 
respectively,  considcied  the  government  direc- 
tors as  public  officers,  bound  to  watch  over  the 
opi'rations  of  the  bank,  to  oppose  all  malprac- 
tices, and  to  report  them  to  the  government 
whenever  they  occurred.  And  they  thus  quoted 
the  opinions  of  those  two  gentlemen : 


ANNO  1833.    ANDREW  JACKSON,  PUICSIDI'NT. 


391 


the  Into  measure  of 
try,  in  rftiiovinn  ihc 
e  statenioiu  'm^'  I'lon 
ulated;  and  taking 
)een  rcfolvcd  liy  the 
morinl  to  the  Senate 
lives.  "NVc  have  not, 
e  controvoi-sy  whidi 
•ity  of  the  hoard  and 

o'f  the  povernnient ; 
ive  have  heen  in  the 
have  refencd,  we  re- 
B  rip;ht  of  suhnuttmg 
.  tribunal,  and  askuig 
itatives  of  the  Anievi- 
,  hearinp,  and  that  fair 
heir    oflicers  and   all 
i  demand.    We  shall 
view  we  have  taken  of 
f.e  are  placed,  as  well 
in  question  as  towards 
,le  of  the  United  i>tatu8, 

moment  wc  took  our 
rs  of  the  bank,  wo  have 
systematic  opposition ; 
pon,  our  jtist  interier- 
offices  rendered  utterly 
rpo.'ses  required  by  t he 
that  the  statements  l.y 
,rd  in  the  docinnent  to 

u  account  of  their  pro- 
altogether  illusory  and 

Lhcn  state  their  opinions 
ir  duties,  as  government 
vcre  devised  as  instru- 
icnt  of  public  f/)jccts- 
Jircctors,  not  elected  by 
minted  by  the  rrcsidcnl 
■  duties  were  not  merely 
(1  interest  and  promote 
,r  stockholders,  hut  also 
and  political  interest  of 
institution  so  largely 
so  deeply  interested  in 
^  management.    And  in 
on  of  their  duties  they 
'  Gen.  Hamilton,  fonmht 
United  States;  and  that 
as,  founder  of  the  second 
jwing  that  each  of  them, 
ablishing  the  two  hanl<s 
(d  the  government  dircc- 
bound  to  watch  over  the 
to  oppose  all  malprac- 
Kem  to  the  government 
id.  And  they  thus  quoted 
;wo  gentlemen : 


"In  the  celebrated  report  of  Alexander  Ha- 
milton, in  1790,  that  eminent  statesman  and 
financier,  although  then  impressed  with  a  per- 
fiuasion  that  the  government  of  the  country 
might  well  leave  the  me.nagemcnt  of  a  national 
bank  to  '  the  keen,  steady,  and,  as  it  were,  mag- 
netic sense  of  their  own  interest,'  existing 
among  the  private  stockholders,  yet  holds  the 
following  remarkable  and  pregnant  language : 
'If  the  paper  of  a  bank  is  permitted  to  insinu- 
ate itself  into  all  the  revenues  and  receipts  of  a 
country ;  if  it  is  even  to  bo  tolerated  as  the 
substitute  for  gold  and  silver,  in  all  the  trans- 
actions of  business ;  it  becomes,  in  either  view, 
a  national  concern  of  the  first  magnitude.  As 
such,  the  ordinary  rules  of  prudence  require 
that  the  government  should  possess  the  means 
of  ascertaining,  whenever  it  thinks  fit,  that  so 
delicate  a  trust  is  executed  with  fidelity  and 
care.  A  right  of  this  nature  is  not  only  desir- 
able, as  it  resi)eet8  the  government,  but  it  ought 
to  be  equally  so  to  all  those  concerned  in  the 
institution,  as  an  additional  title  to  public  and 
private  confidence,  and  as  a  thing  which  can 
only  be  formidable  to  practices  that  imply 
mismanagement.' 

"In  the  letter  addressed  by  Alexander  James 
Dallas,  the  author  of  the  existing  bank,  to  the 
chairman  of  the  committee  on  a  national  cur- 
rency, in   1815,  the  sentiments  of  that  truly 
distinguished  and  patriotic  statesman  are  ex- 
plicitly conveyed  upon  this  very  point.    '  Nor 
an  it  be  doubted,'  he  remarks, '  that  the  de- 
partment of  the  government  which  is  invested 
with  the  power  of  appointment  to  all  the  im- 
portant offices  of  the  State,  is  a  proper  depart- 
ment to  exercise  the  power  of  apijointment  in 
relation  to  a  national  trust  of  incalculable  mag- 
nitude.   The  national  bank  ought  not  to  be  re- 
garded simply  as  d.  commercial  bank.     It  will 
not  operate  on  the  funds  of  the  stockholders 
alone,  but  much  more  on  the  funds  of  the  na- 
tion.   Its  conduct,  good  or  bad,  will  not  afl'ect 
the  corporate  credit  and  resources  alone,  but 
much  more  the  credit  and  resources  of  the  go- 
vernment.    In  fine,  it  is  not  an  institution  cre- 
ated for  the  purposes  of  commerce  and  profit 
alone,  but  much  more  for  the  purposes  of  na- 
tional policy,  as  an  auxiliary  in  the  exercise  of 
some  of  the  highest  powers  of  the  government. 
Under  such  circumstances,  the  public  interests 
cannot  be  too  cautiously  guarded,  and  the  guards 
proposed  can  never  be  injurious  to  the  commer- 
cial interests  of  the  institution.    The  right  to 
inspect  the  general  accounts  of  the  bank,  mi'_, 
be  employed  to  detect  the  evils  of  a  mal-admin- 
istratiim,  but  an  interior  agency  in  the  direc- 
tion of  its  afliiirs  will  best  serve  to  prevent 
them.'    This  last  sentence,  extracted  from  the 
able  document  of  Secretary  Dallas,  developes 
at  a  glance  what  had  been  the  experience  of  the 
American  govermnent  and  people,  in  the  period 
which  elapsed  between  the  time  of  Alexander 
Hamilton  and  that  immediately  preceding  the 
formation  of  the  present  bank.     Hamilton  con- 


ceived that '  a  right  to  inspect  the  general  ac- 
counts of  the  bank,'  would  enable  government 
'to  detect  the  evils  of  a  mal-administration,' 
and  their  detection  he  thought  sufficient.  lie 
was  mistaken:  at  leaat  so  thought  Congress 
and  their  constituents,  in  1815.  llencc  the  in- 
flexible spirit  which  prevailed  at  the  organiza- 
tion of  a  new  bank,  in  establishing  '  an  interior 
agency  in  the  direction  of  its  allairs,'  by  the 
appointment  of  public  oflicers,  through  whom 
the  evils  of  a  mal-administration  might  be  care- 
fully watched  and  prevented." 

The  four  gentlemen  also  showed,  in  their  me- 
morial, that  when  the  bill  for  the  charter  of  the 
present  bank  was  under  consideration  in  the 
Senate,  a  motion  was  made  to  st-'ke  out  the 
clause  authorizing  the  appointment  of  the  go- 
vernment directors ;  and  that  that  motion  was 
resisted,  and  successfully,  upon  the  ground  that 
they  were  to  bo  the  guardians  of  the  public  in- 
terests, and  to  secure  a  just  and  honorable  ad- 
ministration of  the  afl'airs  of  the  bank ;  thai 
they  were  not  mere  bank  directors,  but  govern- 
ment officers,  bound  to  watch  over  the  rights 
and  interests  of  the  government,  and  to  secure 
a  safe  and  honest  management  of  an  institution 
which  bore  the  name  of  the  United  States — was 
created  by  it — and  in  which  the  United  States 
had  so  much  at  stake  in  its  stock,  in  its  depo- 
sits, in  its  circulation,  and  in  the  safety  of  the 
community  whicii  put  their  faith  in  it.  Having 
vindicated  the  official  quality  of  their  charac- 
ters, aiid  shown  their  duty  as  well  as  their 
right  to  inform  the  government  of  all  mal-prac- 
tices,  they  enterr  d  upon  an  examination  of  the 
information  actually  given,  showing  the  truth 
of  all  that  was  communicated,  and  declarhig  it 
to  be  susceptible  of  proof,  by  the  inspection  of 
the  books  of  the  institution,  and  by  an  exami- 
nation of  its  directors  and  clerks. 

"  \Ve  confidently  assert  that  there  is  in  it  no 
statement  or  charge  that  can  be  invalidated  j 
that  every  one  is  substantiated  by  the  books 
and  records  of  the  bank ;  that  no  real  error  has 
been  pointed  out  in  this  elaborate  attack  upon 
us  by  the  majority.  It  is  by  suppressing  facts 
well  known  to  them,  by  misrepresenting  what 
we  say,  by  drawing  unjust  and  unfair  inferences 
from  particular  sentences,  by  selecting  insulated 
phrases,  and  by  exhibiting  partial  statements ; 
by  making  unfounded  insinuations,  and  by  un- 
worthily impeaching  our  motives,  that  they  en- 
deavor to  controvert  that  which  they  are  un- 
able to  refute.  When  the  expense  account  shall 
be  truly  and  fully  exhibited  to  any  tribunal,  if 
it  shall  be  found  that  the  charges  we  have 
stated  do  not  exist  v  when  the  minutes  of  the 


m 


392 


THIRTY  YEARS'  VIEW. 


m 


""ii- 


;i'  ■■; 


board  shall  be  laid  open,  if  it  shall  be  found  the 
resolutions  we  have  quoted  are  not  recorded  ; 
we  shall  acknowledge  that  we  have  been  guilty 
of  injustice  and  of  error,  but  not  till  then. 

"AVe  have  thus  endeavored  to  present  to  the 
assembled  representatives  of  the  American  peo- 
ple, a  view  of  the  course  which,  for  nearly  a 
year,  the  majority  in  a  large  n.onev'-d  institu- 
tion, established  by  them  for  their  L  -lefit,  have 
thought  proper  to  pursue  towards  those  who 
have  been  placed  there,  to  guard  their  interests 
and  to  watch  and  control  their  conduct.  We 
have  briefly  stated  the  systematic  series  of  ac- 
tions by  which  they  have  endeavored  to  deprive 
them  of  every  right  that  was  conferred  on  them 
by  the  charter,  and  to  assume  to  themselves  a 
secret,  irresponsible,  and  unlimited  power.  We 
liave  shown  that,  in  endeavoring  to  vindicate  or 
to  save  themselves,  they  have  resorted  to  accu- 
sations against  us,  which  they  are  unable  to 
sustain,  and  left  unanswered  charges  which, 
were  they  not  true,  it  would  be  easy  to  repel. 
We  have  been  urged  to  this  from  no  desire  to 
enter  into  the  lists  with  an  adversary  sustained 
by  all  the  resources  whiclx  boundless  wealth 
afi'ords.  We  have  been  driven  to  it  by  the  na- 
ture and  manner  of  the  attack  made  upon  us, 
in  the  document  on  which  the  intended  memo- 
rial to  Congress  is  founded." 

But  all  their  representations  were  in  vain. 
Their  nominations  were  immediately  rejected,  a 
second  time,  and  the  seal  of  secrecy  preserved 
inviolate  upon  the  reasons  of  the  rejection. 
The  "proceedings  "  of  the  Senate  were  allowed 
to  be  published ;  that  is  to  saj',  the  acts  of  the 
Senate,  as  a  body,  such  as  its  motions,  votes, 
reports,  &c ,  but  nothing  of  what  was  said 
pending  the  nominations.  A  motion  was  made 
by  Mr.  Wright  to  authorize  the  publication  of 
the  debates,  which  was  voted  down;  and  so 
differently  from  what  was  done  in  the  case  of 
Mr.  Van  Buren.  In  that  case,  the  debates  on 
the  nomination  were  published;  the  reasons 
for  the  rejection  were  shown ;  and  the  public 
were  enabled  to  judge  of  their  validity.  In  this 
case  no  publication  of  debates  was  allowed ;  the 
report  presented  by  Mr.  Tyler  gave  no  hint  of 
the  reasons  for  the  rejection ;  and  the  act  re- 
mained where  that  report  put  it — on  the  abso- 
lute right  to  reject,  without  the  exhibition  of 
any  reason. 

And  thus  the  nomination  of  the  government 
directors  was  rejected  by  the  United  States 
Senate,  not  for  the  declared,  but  for  the  known 
reason  of  reporting  the  misconduct  of  the  bank 


to  the  President,  and  especially  as  it  related 
to  the  appointment  and  the  conduct  of  the  ex- 
change committee.  A  few  years  afterwards 
a  committee  of  the  stockholders,  called  the 
"  Committee  of  Investigation,"  made  a  report 
upon  the  conduct  and  condition  of  the  bank,  in 
which  this  exchange  committee  is  thus  spoken 
of:  "The  mode  in  which  the  committee  of  ex- 
change transacted  their  business,  shows  that 
there  really  existed  no  check  whatever  upon 
the  officers,  and  that  the  funds  of  the  bank 
were  almost  entirely  at  their  disposition.  That 
committee  met  daily,  and  were  attended  by  the 
cashier,  and  at  times,  by  the  president.  They 
exercised  the  power  of  making  the  loans  and 
settlements,  to  full  as  great  an  extent  as  the 
boai-d  itself.  They  kept  no  minutes  of  their 
proceedings — no  book  in  which  the  loans  made, 
and  business  done,  were  entered ;  but  their 
decisions  and  directions  were  given  verbally  to 
the  officers,  to  be  by  them  carried  into  ex- 
ecution. The  established  course  of  business 
seems  to  have  been,  for  the  first  teller  to  pay 
on  presentation  at  the  counter,  all  checks, 
notes,  or  due  bills  having  indorsed  the  order, 
or  the  initials,  of  one  of  the  cashiers,  and  to 
place  these  as  vouchers  in  his  drawer,  for  so 
much  cash,  where  they  remained,  until  just 
before  the  regular  periodical  courting  of  the 
cash  by  the  standing  committee  of  the  board 
on  the  state  of  the  bank.  These  vouchers 
were  then  taken  out,  and  entered  as  '  bills  re- 
ceivable,' in  a  small  memorandum-book,  under 
the  charge  of  one  of  the  clerks.  These  bills 
were  not  discounted,  but  bore  interest  semi-an- 
nuall}^,  and  were  secured  by  a  pledge  of  stock, 
or  some  other  kind  of  property.  It  is  evident- 
ly impossible  under  such  circumstances,  to  as- 
certain or  be  assured,  in  regard  to  any  particu- 
lar loan  or  settlement,  that  it  was  authorized 
by  a  majority  of  the  exchange  committee.  It 
can  be  said,  however,  with  entire  certainty, 
that  t}ie  very  large  business  transacted  in 
this  way  does  not  appear  upon  the  face  of 
the  discount  books — was  rever  submitted  to 
the  examination  of  the  members  of  the  board 
at  its  regular  meetings,  nor  is  any  where  en- 
tered on  the  minutes  as  having  been  reported 
to  tliat  body  for  their  information  or  appro- 
bation," 


ANNO  1833.    ANDREW  JACKSON,  PRESIDENT. 


393 


cially  as  it  related 
conduct  of  the  ex- 
f  years  afterwards 
holderg,  called  the 
on,"  made  a  report 
ition  of  the  bank,  in 
Attec  is  thus  spoken 
he  committee  of  cx- 
usiness,  shows  that 
leck  whatever  upon 
)  funds  of  the  bank 
ir  disposition.    That 
were  attended  by  the 
the  president.    They 
taking  the  loans  and 
eat  an  extent  as  the 
no  minutes  of  their 
vhich  the  loans  made, 
e  entered;  but  their 
were  given  verbally  to 
hem  carried  into  ex- 
ed  course  of  business 
the  first  teller  to  pay 
,   counter,   all  checks, 
ig  indorsed  the  order, 
■)f  the  cashiers,  and  to 
I  in  his  drawer,  for  so 
r  remained,  until  just 
odical  courting  of  the 
mmittee  of  the  board 
ink.     These    vouchers 
ad  entered  as 'bills  re- 
morandum-book,  under 
te  clerks.    These  bills 
,  bore  interest  scmi-an- 
id  by  a  pledge  of  stock, 
[roperty.    It  is  evident- 
;h  circumstances,  to  as- 
regard  to  any  particu- 
ihat  it  was  authorized 
xhange  committee.    It 
with  entire  certainty, 
jusiness   transacted  in 
|pear  upon  the  face  of 
•as  rever  submitted  to 
members  of  the  board 
|b,  nor  is  any  where  en- 
having  been  reported 
information  or  appro- 


CHAPTER    XCVI. 

SECRETAEY'S  EEPORT  ON  THE  REMOVAL  OF 
THE  DEPOSITS. 

In  the  first  days  of  the  session  Mr.  Clay  called 
the  attention  of  the  Senate  to  tho  report  of  the 
Secretary  of  the  Treasury,  communicating  the 
fact  that  he  had  ordered  the  public  deposits  to 
cease  to  be  made  in  the  Bank  of  the  United 
States,  and  giving  his  reasons  for  that  act; 
and  said : 

"  When  Congress,  at  the  time  of  the  pas.  .i^e 
of  the  charter  of  the  bank,  made  it  necessary 
that  these  reasons  should  bo  submitted,  they 
must  have  had  some  purpose  in  their  mind.  It 
must  have  been  intended  that  Congress  should 
look  into  these  reasons,  determine  as  to  their 
validity ;  and  approve  or  disapprove  them,  as 
might  be  thought  proper.  The  reasons  had 
now  been  submitted,  and  it  "vas  the  duty  of 
Congress  to  decide  whether  or  not  they  were 
sufficient  to  justify  the  act.  If  there  was  a 
subject  which,  more  than  any  other,  seemed  to 
require  the  prompt  action  of  Congress,  it  cer- 
tainly was  that  which  had  reference  to  the  cus- 
tody and  car-  of  the  public  treasury.  The 
Senate,  therefore,  could  not,  at  too  early  a  pe- 
riod, enter  on  the  question — what  was  tho  ac- 
tual condition  of  the  treasury  ? 

"It  was  not  his  purpose  to  go  into  a  discus- 
sion, but  he  had  risen  to  state  that  it  appeared 
to  him  to  be  his  duty  as  a  senator,  and  he 
hoped  that  other  senators  took  similar  views 
of  their  duty,  to  look  into  this  subject,  and  to 
see  what  was  to  be  done.  As  the  report  of  the 
Secretary  of  the  Treasury  had  declared  the  rea- 
sons which  had  led  to  the  removal  of  the  pub- 
lic deposits,  and  as  the  Senate  had  to  judge 
wliether,  on  investigation  of  these  reasons,  the 
act  was  a  wise  one  or  not,  he  considered  that 
it  would  not  be  right  to  refer  the  subject  to 
any  committee,  but  that  the  Senate  should  at 
once  act  on  it,  not  taking  it  up  in  the  form  of  a 
report  of  a  committee,  but  going  into  an  exam- 
ination of  the  reasons  as  they  had  been  sub- 
mitted." 

Mr.  Benton  saw  two  objections  to  proceed- 
ing as  Mr.  Clay  proposed — one,  as  to  the  form 
of  his  proposition — the  other,  as  to  the  place 
in  which  it  was  made.  The  report  of  the  Sec- 
retary, charging  acts  uf  misconduct  as  a  cause 
of  removal,  would  require  an  investigation  into 
their  truth.  The  House  of  Representatives 
being  the  grand  inquest  of  the  nation,  and 
properly  chargeable    with  all   inquiries    into 


abuses,  would  be  the  proper  place  for  the  con- 
sideration of  the  Secretary's  report — though 
he  admitted  that  the  Senate  could  also  make 
tho  inquiry  if  it  pleased ;  but  should  do  it  in 
the  proper  way,  namely,  by  inquiring  into  the 
truth  of  tho  allegations  against  tho  bank.  He 
said  : 

"  He  requested  the  Senate  to  bear  in  mind 
that  the  Secretary  had  announced,  among  other 
reasons  which  he  had  assigned  for  the  removal 
of  the  deposits,  that  it  had  been  caused  by  the 
misconduct  of  the  bank,  and  he  had  gone  into 
a  variety  of  specifications,  charging  the  bank 
with  interfering  with  the  liberties  of  the  peo- 
ple in  their  most  vital  elements — the  liberty 
of  the  press,  and  the  purity  of  elections.  The 
Secretary  had  also  charged  the  bank  with  dis- 
honoring its  own  paper  on  several  occasions, 
and  that  it  became  necessary  to  compel  it  to 
receive  paper  of  its  own  branches.  Here. 
then,  were  grave  charges  of  misconduct,  and 
he  wished  to  know  whether,  in  the  face  of 
such  charges,  this  Congress  was  to  go  at  once, 
without  the  previous  examination  of  a  commit- 
tee, into  action  upon  the  subject  ? 

"He  desired  to  know  whether  the  Senate 
were  now  about  to  proceed  to  the  considera- 
tion of  this  report  as  it  stood,  and,  without  re- 
ceiving any  evidence  of  the  charges,  or  taking 
any  course  to  establish  their  truth,  to  give  back 
the  money  to  this  institution  ?  He  thought  it 
would  be  only  becoming  in  the  bank  itself  to 
ask  for  a  committee  of  scrutiny  into  its  con- 
duct, and  that  the  subject  ought  to  be  taken 
up  by  the  House  of  Representatives,  which,  on 
account  of  its  numbers,  its  character  as  the 
popular  branch,  and  the  fact  that  all  money 
bills  originated  there,  was  the  most  proper  tri- 
bunal for  the  hearing  of  this  case.  He  did  not 
mean  to  deny  that  the  Senate  had  the  power 
to  go  into  the  examin.ation.  But  to  fix  a  day 
now  for  the  decision  of  so  important  a  case,  he 
considered  as  premature.  Were  the  whole  of 
the  charges  to  be  blown  out  of  the  paper  by 
the  breath  of  the  Senate  ?  Were  they  to  de- 
cide on  the  question,  each  senator  sitting  there 
as  witness  and  juror  in  the  case  1  He  did  not 
wish  to  stand  there  in  the  character  of  a  w^it- 
ness,  unless  he  was  to  be  examined  on  oath 
either  at  the  bar  of  the  Senate,  or  before  a 
committee  of  that  body,  where  the  evidence 
would  be  taken  down.  He  wished  to  know 
the  manner  in  which  the  examination  was  to 
be  conducted;  for  he  regarded  this  motion  as 
an  admission  of  the  truth  of  every  charge  which 
had  been  made  in  the  report,  and  as  a  flight 
from  investigation." 

Mr.  Clay  then  submitted  two  resolutions  in 
relation  to  the  subject,  the  second  of  which  after 
debate,  was  referred  to  the  committee  on  finance. 
They  were  in  these  words : 


il 


394 


THIRTY  YEARS'  VIEW. 


"  Ist.  That,  by  dismissing  the  late  Secretary 
of  the  Treasury,  because  he  would  not.  contrary 
to  his  sense  of  his  own  duty,  remove  tlie  money 
of  the  United  States  in  deposit  with  the  Bank 
of  the  United  States  and  its  branches,  in  con- 
formity with  the  President's  opinion,  and  by 
appointing  his  successor  to  effect  such  removal, 
which  has  been  done,  the  President  has  assumed 
the  exercise  of  a  power  over  the  Treasury  of 
the  United  States,  not  granted  to  him  by  the 
constitution  and  laws,  and  dangerous  to  the 
liberties  of  the  people. 

"  2d.  That  the  reasons  assigned  by  the  Sec- 
retary of  the  Treasury  for  the  removal  of  the 
money  of  the  United  States  deposited  in  the 
Bank  of  the  United  States  and  its  branches, 
communicated  to  Congress  on  the  3d  day  of 
December,  1833,  are  unsatisfactory  and  insuffi- 
cient." 

The  order  for  the  reference  to  the  finance 
committee  was  made  in  the  Senate  at  four 
o'clock  in  the  afternoon  of  one  day ;  and  the 
report  upon  it  was  made  at  noon  the  nextllay ; 
a  very  elaborate  argumentative  paper,  the  read- 
ing of  which  by  its  reporter  (Mr.  Webster) 
consumed  one  hour  and  a  quarter  of  time.  It 
recommended  the  adoption  of  the  resolution  J 
and  GOOO  copies  of  the  report  were  ordered  to 
be  printed.  Mr.  Forsyth,  of  Georgia,  compli- 
mented the  committee  on  their  activity  in 
getting  out  a  report  of  such  length  and  la. 
bor,  in  so  short  a  time,  and  in  the  time  usual- 
ly given  to  the  refreshment  of  dinner  and 
sleep.     He  said  : 

"  Certainly  great  credit  was  due  to  the  com- 
mittee on  finance  for  the  zeal,  ability,  and  indus- 
try with  which  the  report  had  been  brought  out. 
He  thought  the  reference  was  made  yesterday  at 
four  o'clock ;  and  the  committee  could  hardly 
have  had  time  to  agree  on  and  write  out  so  long 
a  report  in  the  short  space  of  time  intervening 
since  then.  It  was  possible  that  the  subject 
might  have  been  discussed  and  well  understood 
in  the  committee  before,  and  that  the  chairman 
had  time  to  embody  the  sentiments  of  the  vari- 
ous members  of  the  committee  previous  to  the 
reference.  If  such  was  the  case,  it  reminded 
him  of  what  had  once  happened  in  one  of  the 
courts  of  justice  of  the  State  of  Georgia.  A 
grave  question  of  constitutional  law  was  pre- 
sented before  that  court,  was  argued  for  days 
with^reat  ability,  and  when  the  argument  was 
concluded,  the  judge  drew  from  his  coat  pocket 
a  written  opinion,  which  he  read,  and  ordered 
to  be  recorded  as  the  opinion  of  the  court.  It 
appeared,  therefore,  ihat  imless  the  senator 
from  Massachusetts  carried  the  opinion  of  the 
committee  in  his  coat  pocket,  he  could  not  have 
presented  his  report  with  the  unexampled  dis- 
patch that  had  been  witnessed." 


Mr.  Webster,  evidently  nettled  at  the  sar- 
castic compliment  of  Mr.  Forsyth,  replied  to 
him  in  a  way  to  show  his  irritated  feelings,  but 
without  showing  how  he  came  to  do  so  much 
work  in  so  short  a  time.    He  said : 

"  Had  the  gentleman  come  to  the  Senate  this 
morning  in  his  usual  good  humor,  he  would 
have  been  easily  satisfied  on  that  point.  lie 
will  recollect  that  the  subject  now  under  dis- 
cussion was  deemed,  by  every  body,  to  be 
peculiarly  fitted  for  the  consideration  of  the 
committee  on  finance ;  and  that,  three  weeks 
ago,  I  had  intimated  my  intention  of  moving 
for  such  a  reference.  I  had,  however,  delayed 
tlie  motion,  from  considerations  of  courtesy  to 
other  gentlemen,  on  all  sides.  But  the  general 
subject  of  the  removal  of  the  deposits,  had  been 
referi-ed  to  the  committee  on  finance,  by  refer- 
ence of  that  part  of  the  President's  messuage ; 
and  various  memorials,  in  relation  to  it,  liad 
also  been  referred.  The  subject  has  undergone 
an  ample  discussion  in  committee.  I  had  been 
more  than  once  instructed  by  the  committee  to 
move  for  the  reference  of  the  Secretary's  letter, 
but  the  motion  was  postponed,  from  time  to 
time,  for  the  reasons  I  have  before  given.  Had 
tile  gentleman  from  Georgia  been  in  the  Senate 
yesterday,  ho  would  have  known  that  this  par- 
ticular mode  of  proceedi.g  was  adopted,  as  was 
then  well  understood,  for  the  sole  purpose  of 
facilitating  the  business  of  the  ®"nate,  and  of 
giving  the  committee  an  opportunity  to  express 
an  opinion,  the  result  of  their  consideration. 
If  the  gentleman  had  heard  what  had  passed 
yesterday,  when  the  reference  was  made,  he 
would  not  have  expressed  surprise." 

The  fact  was  the  report  had  been  drawn  by 
the  counsel  for  the  bank,  and  differed  in  no  way 
in  substance,  and  but  little  in  form,  from  the 
report  which  the  bank  committee  had  made  on 
the  paper,  "  purporting  to  have  been  signed  by 
Andrew  Jackson,  and  read  to  what  was  called 
a  cabinet."  But  the  substance  of  the  resolo- 
tion  (No.  2,  of  Mr.  Clay's),  gave  rise  to  more 
serious  objections  than  the  marvellous  activity 
of  the  committee  in  reporting  upon  it  with  the 
elaboration  and  rapidity  with  which  they  had 
done.  It  was  an  empty  and  inoperative  ex- 
pression of  opinion,  that  the  Secretary's  reasons 
were  "  unsatisfactory  and  insufficient ; "  without 
any  proposition  to  do  any  thing  in  consequence 
of  that  dissatisfaction  and  insufficiency;  and, 
consequently,  of  no  legislative  avail,  and  of  no 
import  except  to  bring  the  opinion  of  senators, 
thus  imposingly  pronounced,  against  the  act  of 
the  Secretary.  The  resolve  was  not  practical 
— was  not  legislative — was  not  in  conformity 


ANNO  1833.    ANDREW  JACKSON,  PRESIDENT. 


395 


icttlcd  at  the  sar- 
Forsyth,  replied  to 
ritatcd  feelings,  but 
ime  to  do  bo  much 
lo  said: 

c  to  the  Senate  this 
d  humor,  he  would 
on  that  point.    lie 
ject  now  under  dis- 
cvery body,  to   be 
consideration  of  the 
d  that,  three  weeks 
intention  of  moving 
ad,  however,  delayed 
itions  of  courtesy  to 
les.    But  the  general 
he  deposits,  had  been 
on  finance,  by  refcr- 
President's  message; 
,n  relation  to  it,  had 
subject  has  undergone 
immittee.    I  had  been 
1  by  the  committee  to 
the  Secretary's  letter, 
;tponed,  from  time  to 
ive  before  given.    Had 
rgiabeen  in  the  Senate 
a  known  that  this  pai^ 
,g  was  adopted,  as  was 
r  the  sole  purpose  of 
of  the  «-nate,  and  of 
opportunity  to  express 
)f  their  consideration, 
leard  what  had  passed 
fference  was  made,  he 
;d  surprise." 

)rt  had  been  drawn  by 
and  differed  in  no  way 
fittle  in  form,  from  the 
Committee  had  made  on 
io  have  been  signed  by 
>ad  to  what  was  called 
[ibstance  of  the  resolur 
's),  gave  rise  to  more 
the  marvellous  activity 
»rting  upon  it  with  the 
with  which  they  had 
[y  and  inoperative  exr 
the  Secretary's  reasons 
insufficient;  "without 
ly  thing  in  consequence 
and  insufficiency ;  and, 
islative  avail,  and  of  no 
[the  opinion  of  senators, 
jnced,  against  the  act  of 
[solve  was  not  practical 
^was  not  in  conformity 


to  any  mode  of  doing  business — and  led  to  no 
action  ; — neither  to  a  restoration  of  the  deposits 
nor  to  a  condemnation  of  their  keeping  by  the 
State  banks.  Certainly  the  charter,  in  ordering 
the  Secretary  to  report,  and  to  report  at  the 
first  practicable  moment,  both  the  fact  of  a  re- 
moval, and  the  reasons  for  it,  was  to  enable 
Congress  to  act — to  do  something — to  legislate 
upon  the  subject — to  judge  the  validity  of  the 
reasons — and  to  order  a  restoration  if  they  were 
found  to  be  untrue  or  insufficient ;  or  to  con- 
demn the  new  place  of  deposit,  if  it  was  deemed 
insecure  or  improper.  All  this  was  too  obvious 
to  escape  the  attention  of  the  democratic  mem- 
bers who  inveighed  against  the  futility  and 
irrelevance  of  the  resolve,  unfit  for  a  legislative 
body,  and  only  suitable  for  a  town  meeting ; 
and  answering  no  purpose  as  a  senatorial  resolve 
but  that  of  political  cflect  against  public  men. 
On  this  point  Mr.  Forsyth  said : 

"  The  subject  had  then  been  taken  out  of  the 
hands  of  the  Senate,  and  sent  to  the  committee 
on  finance  ;  and  for  what  purpose  was  it  sent 
thither?  Did  anyone  doubt  what  would  be 
the  opinion  of  the  committee  on  finance? 
Would  such  a  movement  have  been  made,  had 
it  not  been  intended  thereby  to  give  strength 
to  the  course  of  the  opposition  ?  He  was  not 
in  the  Senate  when  the  reference  was  yesterday 
made,  but  he  had  supposed  that  it  was  made 
for  the  purpose  of  some  report  in  a  legislative 
form,  but  it  has  come  back  with  an  argument, 
and  a  recommendation  of  the  adoption  of  the 
resolution  of  the  senator  from  Kentucky  ;  and 
when  the  resolutions  were  adopted,  would  they 
not  still  be  sent  back  to  that  committee  for  ex- 
amination ?  Why  had  not  the  committee,  who 
seemed  to  know  so  well  what  would  be  the 
opinion  of  the  Senate,  imbodied  that  opinion  in 
a  legislative  form  ?  " 

To  the  same  effect  spoke  many  members,  and 
among  others,  Mr.  Silas  Wright,  of  New-York, 
who  said: 

"  He  took  occasion  to  say,  that  with  regard 
to  the  reference  made  yesterday,  he  was  not  so 
unfortunate  as  his  friend  from  Georgia,  to  be 
absent  at  the  time,  and  he  then,  while  the  mo- 
tion was  pending,  expressed  his  opinion  that  a 
reference  at  four  o'clock  in  the  afternoon,  to  be 
returned  with  a  report  at  twelve  the  next  day, 
would  materially  change  the  aspect  of  the  case 
before  the  Senate.  He  was  also  of  opinion,  that 
the  natural  effect  of  sending  this  proposition  to 
the  conmnittee  on  finance  would  be,  to  have  it 
returned  with  a  recommendation  for  some  legis- 
lative action.  In  this,  however,  he  had  been 
disappointed,  the  proposition  had  been  brought 


back  to  the  Senate  in  the  same  form  as  sent  to 
the  committee,  with  the  exception  of  the  very 
able  argument  read  that  morning." 

Mr.  Webster  felt  himself  called  upon  to  an- 
swer these  objections,  and  did  so  in  a  way  to 
intimate  that  the  committee  were  not  "  green  " 
enough, — that  is  to  say,  were  too  wise — to  pro- 
pose any  legislative  action  on  the  part  of  Con- 
gress in  relation  to  this  removal.    He  said : 

"  There  is  another  thing,  sir,  to  which  the 
gentleman  has  objected.  He  would  have  pre- 
ferred that  some  legislative  recommendation 
should  have  accompanied  the  report — that  some 
law,  or  joint  resolution,  should  have  been  re- 
commended. Sir,  do  we  not  see  what  the 
gentleman  probably  desires  ?  If  not,  we  must 
be  green  politicians.  It  was  not  my  intention, 
at  this  stage  of  the  business,  to  propose  any 
law,  or  joint  resolution.  I  do  not,  at  present, 
know  the  opinions  of  the  committee  on  this 
subject.  On  this  question,  at  least,  to  use  the 
gentleman's  expression,  I  do  not  carry  their 
opinions  in  my  coat  pocket.  The  question, 
when  it  arrives,  will  be  a  very  grave  one — one 
of  deep  and  solemn  import — and  when  the  pro- 
per time  for  its  discussion  arrives,  the  gentleman 
from  Georgia  will  have  an  opportunity  to  ex- 
amine it.  The  first  thing  is,  to  ascertain  the 
judgment  of  the  Senate,  on  the  Secretary's 
reasons  for  his  act." 

The  meaning  of  Mr.  Webster  in  this  reply — 
this  intimation  that  the  finance  committee  had 
got  out  of  the  sap,  and  were  no  longer  "  green  " 
— was  a  declaration  that  any  legislative  mea- 
sure they  might  have  recommended,  would 
have  been  rejected  in  the  House  of  Representa- 
tives, and  so  lost  its  efficacy  as  a  senatorial 
opinion ;  and  to  avoid  that  rejection,  and  save 
the  effiect  of  the  Senate's  opinion,  it  must  be  a 
single  and  not  a  joint  resolution ;  and  so  con- 
fined to  the  Senate  alone.  The  reply  of  Mr. 
Webster  was  certainly  candid,  but  unparlia- 
mentary, and  at  war  with  all  ideas  of  legislation, 
thus  to  refuse  to  propose  a  legislative  enactment 
becaase  it  would  be  negatived  in  the  other 
branch  of  the  national  legislature.  Finally,  the 
resolution  was  adopted,  and  by  a  vote  of  28  to 
18;  thus: 

"  Yeas. — Messrs.  Bibb,  Black,  Calhoun,  Clay, 
Clayton,  Ewing,  Frelinghuysen,  Hendricks, 
Kent,  King  of  Georgia,  Knight,  Leigh,  Mangum, 
Naudain,  Poindexter,  Porter,  Prentiss,  Preston, 
Robbins,  Silsbee,  Smith,  Southard,  Sprague, 
Swift,  Tomlinson,  Tyler,  Waggaman,  Webster. 

"Nays. — Messrs.  Benton,  Brown,  Forsyth, 
Grundy,  Hill,  Kane,  King  of  Alabama,  Linn, 


396 


THIRTY  YEARS'  VIEW. 


V     ■'  »'t^     '    ■ 


McKcan,  Moorc,  Robinson,  Shopley,  Tallmadgo, 
Tipton,  White,  Wilkins,  Wright." 

The  futility  of  this  resolve  was  made  manifest 
soon  after  its  passage.  It  was  nugatory,  and 
remained  naked.  It  required  nothing  to  be 
done,  and  nothing  was  done  under  it.  It  be- 
came ridiculous.  And  eventually,  and  near 
the  end  of  the  session,  Mr.  Clay  proposed  it  over 
again,  with  another  resolve  attached,  directing 
the  return  of  the  deposits  to  the  Bank  of  the 
United  States ;  and  making  it  joint,  so  as  to  re- 
quire the  couHcnt  of  both  houses,  and  thus  lead 
to  legislative  action.  In  submitting  his  resolu- 
tion in  this  new  form  ho  took  occasion  to  al- 
lude to  their  fate  in  the  other  branch  of  the 
legislature,  where  rejection  was  certain,  and  to 
intimate  censure  upon  the  President  for  not 
conforming  to  the  opinion  of  the  Senate  in  its 
resolves ;  as  if  the  adverse  opinion  of  the  House 
(from  its  recent  election,  its  superior  numbers, 
and  its  particular  charge  of  the  revenue),  was  not 
more  than  a  counterpoise  to  the  opinion  of 
the  Senate.    In  this  sense,  he  stood  up,  and  said : 

"  Whatever  might  be  the  fate  of  these  reso- 
lutions at  the  otlier  end  of  the  capitol,  or  in 
another  building,  that  consideration  ought  to 
have  no  influence  on  the  course  of  this  body. 
The  Senate  owed  it  to  its  own  character,  and 
to  the  country,  to  proceed  in  the  discharge  of  its 
duties,  and  to  leave  it  to  others,  whether  at  the 
other  end  of  the  capitol  or  in  another  building, 
to  perform  their  own  obligations  to  the  country, 
according  to  their  own  sense  of  their  duty,  and 
their  own  convictions  of  responsibility.  To 
them  it  ought  to  be  left  to  determine  what  was 
their  duty,  and  to  discharge  that  duty  as  they 
might  think  best.  For  himself,  he  should  be 
ashamed  to  return  to  his  constituents  without 
having  made  every  lawful  effort  in  his  power  to 
cause  the  restoration  of  the  public  deposits  to 
the  United  States  Bank.  While  a  chance  yet 
remained  of  ett'ccting  the  restoration  of  the 
reign  of  the  constitution  and  the  laws,  he  felt 
that  he  should  not  have  discharged  this  duty 
if  he  failed  to  nijike  every  effort  to  accomplish 
that  desirable  object. 

"The  Senate,  after  passing  the  resolution 
which  they  had  already  passed,  and  waiting  two 
months  to  see  whether  the  Executive  would 
conform  his  course  to  the  views  expressed  by 
this  branch  of  the  legislature;  after  waiting  all 
this  time,  and  perceiving  that  the  error,  as  the 
Senate  had  declared  it  to  be,  was  still  persever- 
ed in,  and  seeing  the  wide  and  rapid  sweep  of 
ruin  over  every  section  of  the  country',  there 
was  still  one  measure  left  which  might  arrest 
the  evil,  and  that  was  in  the  offering  of  these 
resolutions — to  present  them  to  this  body ;  and, 


if  they  passed  here,  to  send  them  to  the  other 
House ;  and,  should  they  pass  them,  to  present 
to  the  President  the  plain  question,  if  he  will 
return  to  the  constitutional  track  ;  or,  in  oppo- 
sition  to  the  expressed  will  of  the  legiKhitnrc 
retain  the  control  over  the  millions  nf  piililic 
money  which  arc  already  deposited  in  the  local 
banks,  and  which  are  still  coming  in  there." 

Mr.  Benton  replied  to  Mr.  Clay,  showing  the 
propriety  of  these  resolutions  if  oflered  at  the 
commencement  of  the  session — their  inutility 
now,  so  near  its  end ;  and  the  indelicacy  in  the 
Senate,  in  throwing  itself  between  the  bank 
and  the  House  of  Representatives,  at  a  moment 
when  the  bank  directors  were  standing  out  in 
contempt  against  the  House,  refusing  to  be  ex- 
amined by  its  committee,  and  a  motion  actuailv 
depending  to  punish  them  for  this  contempt.  For 
this  was  then  the  actual  condition  of  the  cor- 
poration ;  and,  for  the  Senate  to  pass  a  rcsolu- . 
tion  to  restore  the  deposits  in  these  circum- 
stances, was  to  take  the  part  of  the  bank  against 
the  House — to  justify  its  contumacy — and  to 
express  an  opinion  in  favor  of  its  re-cliartcr; 
as  all  admitted  that  restoration  of  the  dei)osits 
was  wrong  unless  a  re-charter  was  granted 
Mr.  B.  said: 

"  lie  deemed  the  present  moment  to  be  the 
most  objectionable  time  that  co.ld  have  been 
selected  for  proposing  to  restore  the  public  de- 
posits to  the  United  States  Bank.  Sucli  a  pro- 
position might  have  been  a  proper  proceeding 
at  the  commencement  of  the  session.  A  joint 
resolution,  at  that  time,  would  have  been  the 
proper  mode ;  it  could  have  been  followed  by 
action ;  and,  if  constitutionally  passed,  would 
have  compelled  the  restoration  of  these  depos- 
its. But  the  course  was  different.  A  separate 
resolution  was  brought  in,  and  jjassed  the  Sen- 
ate; and  there  it  stopped.  It  was  a  nugatory 
resolution,  leading  to  no  action.  It  was  such 
a  one  as  a  State  legislature,  or  a  public  meeting, 
might  adopt,  because  they  had  no  power  to  le- 
gislate on  the  subject.  But  the  Senate  had  the 
power  of  legislation ;  and,  six  months  ago,  when 
the  separate  resolution  was  brought  in,  the 
Senate,  if  it  intended  to  act  legislatively  on  the 
subject  at  all,  ought  to  have  proceeded  by  joint 
rr  lution,  or  by  bill,  at  that  time.  But  it 
thought  otherwise.  The  separate  resolution 
was  adopted ;  after  adoption,  no  instruction  was 
given  to  a  committee  to  bring  in  a  bill ;  nothing 
was  done  to  give  legislative  efiect  to  the  deci- 
sion of  the  Senate ;  and  now,  dt  the  end  of  six 
months,  the  first  attempt  is  made  to  move  in 
our  legislative  capacity,  and  to  pass  a  join*  re- 
solution— equivalent  to  a  statute — to  compel  the 
restoration  of  these  deposits.  This  is  the  state 
of  the  proceeding;  and,  Mr.  B.  must  be  permit- 


ANNO  1833.    ANDREW  jACKSON,  PRESIDENT. 


397 


them  to  the  other 
8S  them,  to  present 
lucstion,  if  he  will 
track;  or,  in  ojipo- 
1  of  the  U'jrishituiy, 
>  millions  of  pulilic 
poHitod  in  vhe  local 
oming  in  there." 

•.Clay,  showing  the 
ins  if  oflcred  at  the 
ion— their  inutility 
the  indelicacy  in  the 
•  between  the  hank 
itative8,atainoinent 
,'crc  standing  out  in 
3e,  refusing  to  he  ex- 
nd  a  motion  actually 
jr  this  contempt.  For 
condition  of  the  cor- 
latc  to  pass  a  resolu-  ■ 
iits  in  these  ciroim- 
irt  of  the  hank  against 
s  contumacy— and  to 
vor  of  its  re-chartcr; 
.ration  of  the  deposits 
charter  was  granted. 

fnt  moment  to  he  the 
that  CO  ..Id  have  been 
restore  the  puVdic  de- 
es Bank.     Such  apro- 
a  proper  proceeding 
the  session.     A  joint 
would  have  been  the 
avc  been  followed  by 
ionally  passed,  would 
pration  of  these  depos- 
diflerent.     A  separate 
n  and  passed  the  Sen- 
-'    It  was  a  nugatory 
action.    It  was  such 
re.  or  a  public  meeting, 
y'had  no  power  to  le- 
3ut  the  Senate  had  the 
[six  months  ago,  when 
was  brought  m,  the 
net  legislatively  on  the 
tave  proceeded  by  joint 
tt  that  time.    But  it 
,16  separate   resolution 
tion,  no  instruction  \yas 
tiring  in  a  bill;  nothing 
[tive  ettect  to  the  deci- 
now,  it  the  end  of  six 
pt  is  made  to  move  in 

and  to  pass  a  j"'"*  ',e- 
statute— to  compel  the 

,Bits.    This  is  the  state 

Av.  B.  must  be  permit- 


for 


[1. 


ted  to  say,  and  to  give  his  reasons  Tor  saying, 
that  the  time  selected  for  this  first  step,  in  our 
legishitivo  capacity,  in  a  case  so  long  depending, 
is  most  inappropriate  and  objecti(tnablc.  Mr. 
B.  would  not  dwell  upon  the  palpable  objections 
to  this  proceeding,  which  must  strike  every 
mind.  The  advanced  stage  of  the  session — the 
propositions  to a4Journ — the  quantityof  business 
on  hand — the  little  probability  that  the  House 
and  the  President  would  concur  with  the  Sen- 
ate, or  that  two  thirds  of  the  two  Houses  could 
be  brought  to  pass  the  resolution,  if  the  Presi- 
dent declined  to  give  it  his  approbation.  These 
palpable  objections  must  strike  every  mind  and 
make  it  appear  to  be  a  useless  consumption  of 
time  for  the  Senate  to  pass  the  resolution. 

"  Virtually,  it  included  a  proposition  to  re- 
charter  the  bank ;  for  the  most  confidential 
friends  of  that  instituticm  admitted  that  it  was 
impro[)er  to  restore  the  deposits,  unless  the  bank 
charter  was  to  be  continued.  The  proposition 
to  restoie  tlrem,  virtually  included  the  propo- 
sition to  re-charter;  and  that  was  a  proposition 
which,  after  having  been  openly  made  on  this 
floor,  and  leave  asked  to  bi-ing  in  a  bill  to  that 
ellcct,  had  been  abandoned,  under  the  clear  con- 
viction that  the  measure  could  not  pass.  Pass- 
ing from  these  palpable  objections,  Mr.  B.  pro- 
ceeded to  state  another  reason,  of  a  ditlcrent 
kind,  and  which  he  held  to  be  imperative  of  the 
course  which  the  Senate  should  now  pursue :  he 
alluded  to  the  state  of  the  questions  at  this 
moment  depending  between  the  Bank  of  the 
United  States  and  the  House  of  Representa- 
tives, and  the  nature  of  which  exacted  from  the 
Senate  the  observance  of  a  strict  neutrality,  and 
an  absolute  non-interference  between  those 
two  bodies.  The  House  of  Representatives  had 
ordered  an  inquiry  into  the  affairs  and  conduct 
of  the  bank.  The  points  of  inquiry  indicated 
misconduct  of  the  gravest  import,  and  had  been 
ordered  by  the  largest  majority,  not  less  than 
three  or  four  to  one.  That  inquiry  was  not  yet 
finished ;  it  was  still  depending ;  the  committee 
appointed  to  conduct  it  remains  organized,  and 
has  only  reported  in  part.  That  report  is  be- 
fore the  Senate  and  the  public ;  and  shows  that 
'the  directors  of  the  Bank  of  the  United  States 
have  resisted  the  authority  of  the  House — have 
made  an  issue  of  power  between  itself  and  the 
HouSe — for  the  trial  of  which  issue  a  resolution 
is  now  depending  in  the  House,  and  is  made  the 
order  of  the  day  for  Tuesday  next. 

"Here,  then,  are  two  questions  depending 
between  the  House  and  the  bank ;  the  first, 
an  inquiry  into  the  misconduct  of  the  bank ; 
the  second,  a  proposition  to  compel  the  bank  to 
submit  to  the  authority  of  the  House.  Was  it 
rigiit  for  the  Senate  to  interpose  between  those 
bodies,  while  these  questions  were  depending  ? 
Was  it  right  to  interfere  on  the  part  of  the 
bank?  Was  it  right  for  the  Senate  to  leap 
into  the  arena,  throw  itself  between  the  con- 
tending parties,  take  sides  with  the  bank,  and 
virtually  declare  to  the  American  people  that 


there  was  no  cause  for  inquiry  into  the  conduct 
of  the  bank,  and  no  ground  of  censure  for  re- 
sisting the  authority  of  the  House?     Such 
would,  doubtless,  be  the  effect  of  the  conduct 
of  the  Senate,  if  it  should  entertain  tlio  propo- 
sition which  is   now  submitted  to  it.     That 
proposition  is  one  of  honor  and  confidence  to 
the  bank.    It  proceeds  upon  the  assumption 
that  the  bank  is  right,  and  the  House  is  wrong, 
in  the  questions  now  depending  between  them  j 
that  the  bank  has  done  nothing  to  merit  in- 
quiry, or  to  deserve  censure ;  and  that  the  pub- 
lic moneys  ought  to  be  restored  to  her  keeping, 
without  waiting  the  end  of  the  investigation 
which  the  House  has  ordered,  or  the  decision 
of  the  resolution  which  afllnns  that  the  bank 
has  resisted  the  authority  of  the  House,  and 
committed  a  contempt  against  it.    This  is  the 
full  and  fair  interpretation — the  clear  and  speak- 
ing effect — of  the  measure  now  projiosed  to  the 
Senate.    Is  it  right  to  treat  the  House  thus  ? 
AVill  the  Senate,  virtually,  intelligibly,  luid  prac- 
tically, acquit  the  bank,  when  the  bank  will  not 
acquit  itself? — will  not  suffer  its  innocence  to 
be  tested  by  the  recorded  v(«^e  of  its  own  books, 
and  the  living  voice  of  its  own  directors  ?   These 
directors  have  refused  to  testify;  they  have 
refused  to  be  sworn ;  they  ha\'e   refused  to 
touch  the  book ;  because,  being  directors  and 
corporators,  and  therefore  parties,  they  cannot 
be  required  to  give  evidence  against  themselves. 
And  this  refusal,  the  public  is  gravely  told,  is 
made  upon  the  advice  of  eminent  counsel.  What 
counsel  ?    The  counsel  of  the  law,  or  of  fear  ? 
Certainly,  no  lawyer — not  even  a  junior  appren- 
tice to  the  law — could  give  such  advice.    The 
right  to  stand  mute,  does  not  extend  to  the 
privilege  of  refusing  to  be  sworn.     The  right 
docs  not  attach  until  after  the  oath  is  taken, 
and  is  then  limited  to  the  specific  question,  the 
answer  to  which  might  inculpate  the  witness, 
and  which  he  may  refuse  to  answer,  because  he 
will  say,  upon  his  oath,  that  the  answer  will 
criminate  hunself.     But  these  bank  directors 
refuse  to  be  sworn  at  all.    They  refuse  to  touch 
the  book ;  and,  in  that  refusal,  commit  a  flagrant 
contempt  against  the  House  of  Representatives, 
and  do  an  act  for  which  any  citizen  would  be 
sent  to  jail  by  any  justice  of  the  peace,  in  Ame- 
rica.   And  is  the  Senate  to  justify  the  directors 
for  this  contempt?  to  get  between  them  and 
the  House  ?  to  adopt  a  resolution  beforehand — 
before  the  day  fixed  for  the  decision  of  the  con- 
tempt, which  shall  throw  the  weight  of  the 
Senate  into  the  scale  of  the  directors  against 
the  House,  and  virtually  declare  that  they  are 
right  in  refusing  to  be  sworn?" 

The  resolutions  were,  nevertheless,  adopted, 
and  by  the  fixed  majority  of  twenty-eight  to 
eighteen,  and  sent  to  the  House  of  Representa- 
tives for  concurrence,  where  they  met  the  fate 
which  all  knew  they  were  to  receive.  The 
House  did  not  even  take  them  up  for  considera- 


iiii! 


398 


TIIIIITY  YEARS'  VIEW. 


<:  Hi 


i:       ' 


tion,  but  continuol  the  course  which  it  had  be- 
gan at  the  comtnencement  of  the  Kcssion ;  and 
which  WHS  in  exact  conformity  to  the  legisla- 
tive course,  and  exactly  contrary  to  the  course 
of  the  Senate.  The  report  of  the  Secretary  of 
the  Treasury,  the  memorial  of  the  bank,  and 
that  of  the  government  directors,  were  all  refer- 
red to  the  Committee  of  Ways  and  Means ;  and 
by  that  committee  a  report  was  made,  by  their 
chairman,  Mr.  Polk,  sustaining  the  action  of 
the  Secretary,  and  concluding  with  the  four  fol- 
lowing resolutions : 

« 1.  Jiesolreil,  That  the  Bank  of  the  United 
States  ought  not  to  be  rc-chartered. 

"2.  JtesolreU,  That  the  public  deposits  ought 
not  to  be  restored  to  the  Bank  of  the  United 
States. 

"  3.  Resoh-ed,  That  the  State  banks  ought  to 
be  continued  as  the  places  of  deposit  of  the 
public  money,  and  that  it  is  expedient  for  Con- 
gress to  make  further  provision  by  law,  pre- 
scribing the  mode  of  selection,  the  securities  to 
be  taken,  and  the  manner  and  terms  on  which 
they  are  to  be  employed. 

"  4.  Jtesu/red,  That,  for  the  purpose  of  ascer- 
taining, as  far  as  practicable,  the  cause  of  the 
commercial  embarrassment  and  distress  com- 
plained of  by  numerous  citizens  of  the  United 
States,  in  sundry  memorials  which  have  been 
presented  to  Oongi-ess  at  the  present  session, 
and  of  inquiring  whether  the  charter  of  the 
Tank  of  the  United  States  has  been  violated ; 
and,  also,  what  c<^  uptions  and  abuses  have  ex- 
isted in  its  management ;  whether  it  has  used 
its  corporate  power  or  money  to  control  the 
press,  to  interfere  in  politics,  or  influence  elec- 
tions; and  whether  it  has  had  any  agency, 
through  its  management  or  money,  in  producing 
the  existing  pressure;  a  select  committee  be 
appointed  to  inspect  the  books  and  examine 
into  the  proceedings  of  the  said  bank,  who  shall 
report  whether  the  provisions  of  tlie  charter 
have  been  violated  or  not;  and,  also,  what 
abuses,  corruptions,  or  malpractices  have  ex- 
isted in  the  management  of  said  bank  ;  and  that 
the  said  committee  be  authorized  to  send  for 
persons  and  papers,  and  to  summon  and  examine 
witnesses,  on  oath,  and  to  examine  into  the 
all'airs  if  the  said  bank  and  branches  ;  and  thej' 
are  fur.Iier  authorized  to  visit  the  principal 
bank,  or  any  of  its  branches,  for  the  purpose  of 
inspecting  the  books,  correspondence,  accounts, 
and  other  papers  connected  with  its  manage- 
ment or  business  ;  and  that  the  said  committee 
be  required  to  report  the  result  of  such  inves- 
tigation, together  with  the  evidence  they  may 
take,  at  as  early  a  day  as  practicable." 

These  resolutions  were  long  and  vehemently 
debated,  and  eventually,  each  and  every  one, 
adopted  by  decided,  and  some  by  a  great  ma- 


jority. The  first  one,  being  that  upon  the 
question  of  the  rechartcr,  was  carried  by  a 
majority  of  more  than  fifty  votes — 134  to  82; 
showing  an  immense  difference  to  the  prejudice 
of  the  bank  since  the  veto  session  of  1832.  The 
names  of  the  voters  on  this  great  question,  so 
^^ng  debated  in  every  form  in  the  halls  of 
Congress,  the  chambers  of  the  State  legislatures 
and  in  the  forum  of  the  people,  deserve  to  bo 
commemorated — and  are  as  follows : 

"Yeas. — Messrs.  John  Adams,  William  Allen 
Anthony,  Archer.  Beale,  Bean,  Beardwley,  Beau- 
mont, John  Bell,  John  Blair,  Bockee,  P.odn 
Bjuldin,  Brown,  Bunch,  Bynuni,  Cainbreicng' 
Campbell,  Carmichael,  Carr,  Casey,  Chaney 
Chinn,  Clailwrne,  Samuel  Clark,  Clay,  Clayton 
Clowncy,  CoU'ee,  Connor,  Cramer,  W.  ]{.  Davis 


Ilanier,  llanncgan,  Jos.  M.  Harper,  Harrison 
Hathaway,  Hawkins.  Hawes.  Heath,  Henderson 
Howell,  Hubbard,  Abel  Huntington,  Inge,  Jai- 
vis,  Richard  M.  Johnson,  Noadiah  Johnson, 
Cave  Johnson,  Seaborn  Jones,  Benjamin  Jones, 
Kavanagh,  Kinnard,  Lane,  Lansing,  Lai)orie, 
Lawrence,  Lay,  Luke  Lea,  Thomas  Lee,  Leavitt, 
Loyall,  Lucas,  Lyon,  Lytic,  Abijah  Mann,  Joel 
K.  Mann,  Mardis,  John  Y.  Mason,  Moses  ila- 
son,  Mclntire,  McKay,  McKinley,  McLene, 
McVean,  Miller,  Henry  Mitchell,  Robert  Mit- 
chell, Muhlenberg,  Alurphy,  Osgood,  Page, 
Parks,  Parker,  Patterson,  D.  J.  Pearce,  Pey- 
ton, Franklin  Pierce,  Pierson.  Pinckney,  Pluni- 
mer,  Polk,  Rencher,  SchencK,  Schley,  Shinn, 
Smith,  Speight,  Standifer,  Stoddert,  Suther- 
land, William  Taylor,  Wm.  P.  Taylor,  Fran- 
cis Thomas,  Thomson,  Turner,  Turrill,  Van- 
derpoel,  Wagener,  Ward,  AVardwell,  Wayne, 
Webster,  Whallon.— 134. 

"  Nays. — Messrs.  John  Quincy  Adams,  John 
J.  Allen,  Heman  Allen,  Chilton  Allan,  Asliky, 
Banks,  Barber,  Barnitz,  Barringer,  Baylieti, 
Beaty,  James  M,  Bell,  Binney,  Briggs,  Bull, 
Burges.  Cage,  Chambers,  Chilton,  Choate,  Wil- 
liam Ciark,  Corwin,  Coulter,  Crane,  Crockett, 
Darliiigt(m,  Amos  Davis,  Deberry,  Deming, 
Denny,  Dennis,  Dickson,  Duncan,  Ellsworth, 
Evans,  Edward  Everett,  Horace  Everett,  Fill- 
more, Foot,  Philo  C.  Fuller,  Graham,  Grenncl, 
Hiland  Hall,  Hard,  Hardin,  James  Harper, 
Hazeltinc,  Jabez  W.  Huntington,  Jackson, 
William  C.  Johnson,  Lincoln,  Martindale,  Mar- 
shall, McCarty,  McComas,  McDuffle,  McKennan, 
Mercer,  Milligan,  Moore,  Poi)e,  Potts,  Keed, 
AVilliam  B.  Shepherd,  Aug.  II.  Shepperd,  AVil- 
liam  Slade,  Charles  Slade,  Sloane,  Spangler 
Philemon  Thomas,  Tompkins,  Tweedy,  Vance 
Vinton,  Watmough,  Edward  D.  White,  Fied- 
erick  AV'hittlesey,  Elisha  Whittlesey,  Wilde, 
Williams,  Wilson,  Young.— 82." 


m 


ir^ 


ANNO  1833.    ANDREW  JACKSON,  PRESIDENT. 


399 


sing  that  upun  tho 
,  waa  carried  by  a 
y  votes— 134  to  82; 
;nce  to  tlic  i»iejiidice 
cBsionof  18li2.  Tho 
H  great  question,  so 
rm  in  tlic  hiillB  of 
he  State  leglKlatuas, 
)coi)le,  deserve  to  be 
a  follows : 

idams,  William  Allen, 
can,  Beaitlsley,  Ikau- 
Ulair,  Bockei",  Uodii, 
Bynuni,  Cainbrelcnfr, 
arr,  Casey,  Clinney, 
Clark,  Clay,  Clayton, 
Cramer,  W.  11.  Davis, 
n,  Dickiupon,  Dunlap, 
K.  Fuller,  Fulton, 


»-  -  -     ,       , 

let,  Gilmer,   Cordon, 
11,  T.  II.  Hall,  Ilalsey, 
M.  Harper,  Iliirrison, 
•es.  Heath,  Ilender.son, 
luntington,  Inge,  Jai- 
n,   Noadiah  Johnson, 
ones,  Benjamin  Jones, 
ne,  Lansing,  Laporte, 
,,  Thomas  Lee,  Leavitt 
;le,  Abijah  Mann,  Joel 
Y.  Mason,  Moses  ^la- 
McKinley,    McLene, 
Mitchell,  Robert  Mit- 
rphy,    Osgood,    I'age, 
n,  D.  J.  Pearce,  Pey- 
rson,  Pinckney,  Pluni- 
lenck,   Schley,  Shinn, 
■,  Stoddcrt,    Suther- 
Vm.  P.  Taylor,  Fran- 
Turner,  Turrill,  Yan- 
Wardwell,  Wayne, 

i  Quincy  Adams,  John 
Chilton  Allan,  Ashky, 
;,    Barringer,    Baylies, 
Binney,  Briggs,  Bull, 
,  Chilton,  Choate,  Wil- 
ilter,  Crane,  Crockett, 
ris,   Deberry,   Deming, 
n,  Duncan,  Ellsworth, 
Horace  Everett,  Fill- 
ller,  Graham,  Grenncl, 
ardin,  James  Harper, 
Huntington,    Jackson, 
ncoln,  Martindale,  Mar- 
s,  McDuffie.  McKennan, 
e.   Pope,   Potts,  Bced, 
Aug.  H.  Shepperd,  A\  il- 
lade,   Sloane,  Spangler 
npkins.  Tweedy,  Vance 
Iward  D.  White,  Fred- 
la  Whittlesey,  WUdfc, 
ig.-82.'' 


5, 


The  Bccond  and  third  resolutions  were  carried 
by  good  majorities,  and  the  fourth  overwhelm- 
ingly— 175  to  42.  Vr.  Polk  immediately  moved 
the  appointment  of  tho  committee,  and  that  it 
consist  of  seven  members.  It  was  appointed 
accordingly,  and  consisted  of  Messrs.  Francis 
Thomas  of  Maryland,  chairman ;  Everett  of 
Massachusetts;  Muhlenberg  of  Pennsylvania; 
John  Y.  Masou  of  Virginia ;  Ellsworth  of  Con- 
necticut ;  Mann  of  New-York ;  and  Lytle  of 
Ohio.  Tho  proceedings  of  this  committee,  and 
the  reception  it  met  with  from  the  bank,  will 
be  the  subject  of  a  future  and  separate  chapter. 
Under  the  third  resolution  the  Committee  of 
Ways  and  Me  ns  soon  brought  in  a  bill  in  con- 
formity to  its  provisions,  which  was  passed  by 
a  majority  of  22,  that  is  to  say,  by  112  votes 
against  00.  And  thus  all  the  conduct  of  the 
President  in  relation  to  the  bank,  received  the 
full  sanction  of  the  popular  representation  ;  and 
presented  the  singular  spectacle  of  full  support 
iu  one  House,  and  that  one  specially  charged 
with  tho  subject,  while  meeting  condemnation 
in  the  other. 


CHAPTER    XCVII. 

CALL  ON  THE  PRESIDENT  FOR  A  COPT  OF  THE 
"  PAPER  READ  TO  THE  CABINET." 

In  the  first  days  of  the  session  Mr.  Clay  sub- 
mitted a  resolution,  calling  on  the  President  to 
inform  the  Senate  whether  the  "  paper,"  pub- 
lished as  alleged  by  his  authority,  and  purporting 
to  have  been  read  to  the  cabinet  in  relation  to 
the  removal  of  the  deposits,  "  be  genuine  or 
not;"  and  if  it  be  "genuine,"  requesting  him 
to  cause  a  copy  of  it  to  be  laid  before  the  Senate. 
Mr.  Forsyth  considered  this  an  unusual  call,  and 
wished  to  know  for  what  purpose  it  was  made, 
lie  presumed  no  one  had  any  doubt  of  the  au- 
thenticity of  the  published  copy.  lie  certainly 
had  not.  Mr.  Clay  justified  his  call  on  the 
ground  that  the  "  paper  "  had  been  published — 
had  become  public — and  was  a  thing  of  general 
notoriety.  If  otherwise,  and  it  had  remained  a 
confidential  communication  to  his  cabinet,  he 
certainly  should  not  ask  for  it ;  but  not  an- 
swering as  to  the  use  he  proposed  to  make  of 
it,  Mr.  Forsyth  returned  to  that  point,  and  said 


ho  could  imagine  Miat  one  branch  of  the  legis- 
lature under  certain  circniniHtances  might  havo 
a  right  to  call  for  it ;  but  the  Senate  was  not 
that  branch.  If  the  paper  was  to  be  the  ground 
of  u  criminal  charge  against  the  President,  and 
upon  which  ho  is  to  be  brought  to  trial,  it 
should  come  from  the  House  of  Representatives, 
with  tho  charges  on  which  he  was  to  be  tried. 
Mr.  Clay  rejoined,  that  as  to  the  uses  which 
were  to  be  made  of  this  "paper  "  nothing  seemed 
to  run  in  the  head  of  the  Senator  from  Georgia 
but  an  impeachment.  This  seemed  to  be  the 
only  idea  ho  could  connect  with  the  call.  But 
there  were  many  other  purposes  for  which  it 
might  be  used,  and  ho  had  never  intended  to 
make  it  the  ground  of  impeachment.  It  might 
show  who  was'the  real  author  of  the  removal 
of  the  deposits — whether  the  Presulent,  or  the 
Secretary  of  tho  Treasury  ?  and  whether  this 
latter  might  not  have  been  a  mere  automaton. 
Mr.  Benton  said  there  was  no  parliamentary 
use  that  could  be  made  of  it,  and  no  such  use 
had  been,  or  could  be  specified.  Only  two  uses 
can  bo  made  of  a  paper  that  may  be  rightfully 
called  for — one  for  legislation ;  the  other  for 
impeachment ;  and  not  even  in  the  latter  case 
when  self-crimination  was  intended.  No  legis- 
lative use  is  intimated  for  this  one ;  and  the 
criminal  use  is  disavowed,  and  is  obliged  to  be, 
as  the  Senate  is  the  tribunal  to  try,  not  the 
inquest  to  originate  impeachments.  But  this 
paper  cannot  be  rightfully  called  for.  It  is  a  com- 
munication to  a  cabinet ;  and  communications  to 
the  cabinet  are  the  same  whether  in  writing,  or 
in  a  speech.  It  is  all  parol.  Could  the  copy  of 
a  speech  made  to  the  cabinet  be  called  for? 
Could  an  account  of  the  President's  conversation 
with  his  cabinet  be  called  for  ?  Certainly  not ! 
and  there  is  no  difference  between  the  written 
and  the  spoken  communication — between  the 
set  speech  and  a  conversation — between  a  thing 
made  public,  or  kept  secret.  The  President  may 
refuse  to  give  the  copy ;  and  certainly  will  consult 
his  rights  and  his  self-respect  by  so  refusing.  As 
for  the  contents  of  the  paper,  he  has  given  them 
to  the  country,  and  courts  the  judgment  of  the 
country  upon  it.  He  avows  his  act — gives  his 
reasons — and  leaves  it  to  all  to  judge.  He  is 
not  a  man  of  concealments,  or  of  irresponsibility. 
He  gave  the  paper  to  the  public  instantly,  and 
authentically,  with  his  name  fully  signed  to  it ; 
and  any  one  can  say  what  they  please  of  it.  If 


■I  "t 

I 


b  ',  " 


I 


I 


400 


THIRTY  YEARS'  VIEW. 


it  is  wanti'd  for  aii  invoctive,  or  philippic,  there  it 
is !  ready  for  uhc,  and  set  king  nu  Hlielter  for 
want  of  iiiithenticity.  It  iH  given  to  tlie  world, 
and  in  e,xpectc<l  to  Htniid  the  tent  of  all  examina- 
tion. Mr.  Forsyth  aaked  the  yean  and  nays  on 
Mr.  Clay's  call ;  they  were  ordered }  and  the 
resolution  paHHc<l  by  23  to  IK.  The  next  day 
the  President  replied  to  it,  and  to  the  effect  that 
WOH  generally  foreseen.  He  declared  the  Exccu- 
tire  to  be  a  co-ordinate  branch  of  the  (i;uvcrnuient, 
and  denied  the  rii^ht  of  tho  Aenate  to  call  upon 
him  for  any  copies  of  his  communications  to  his 
cabinet — either  written  or  spoken.  Feeling  his 
responsibility  to  the  American  people,  lie  said 
ho  should  1)6  always  ready  to  explain  to  them 
his  conduct ;  knowing  the  constitutional  rights 
of  the  Senate,  ho  should  never  withhold  from  it 
any  information  in  liis  power  to  give,  and  neces- 
sary to  the  discharge  of  its  duties.  This  was 
tho  end  of  the  call ;  and  such  an  end  was  the 
full  proof  that  it  ought  not  to  have  been  made. 
No  act  could  be  predicated  upon  it — no  action 
talcen  on  its  communication — none  upon  the  re- 
fusal, either  of  censure  or  coercion.  Tho  Pres- 
ident stood  upon  his  rights ;  and  the  Senate 
could  not,  and  did  not,  say  that  he  was  wrong. 
The  call  was  a  wrong  step,  and  gave  the  I'res- 
idcnt  an  easy  and  a  graceful  victory. 


CHAPTER    XCVIII. 

MISTAKES  OP  PUBLIC  MEN:— GREAT  COMBI- 
NATION AGAINST  OKNEKAL  JACKSON :— COM- 
MENCEMENT OF  THE  PANIC. 

In  the  year  1783,  Mr.  Fox,  the  great  parlia- 
mentary debater,  was  in  the  zenith  of  his  power 
and  popularity,  and  the  victorious  leader  in  the 
House  of  Commons.  He  gave  offence  to  the 
King,  and  was  dismised  from  the  ministry,  and 
immediately  formed  a  coalition  with  Lord  North  j 
and  commenced  a  violent  opposition  to  the  acts 
of  the  government.  Patriotism,  love  of  liberty, 
hatred  of  misrule  and  oppression,  were  the 
avowed  objects  of  his  attacks;  "but  every  one 
saw  (to  adopt  tho  language  of  history),  that 
the  real  diflScuIty  was  his  own  exclusion  from 
oflBce ;  and  that  his  coalition  with  his  old  enemy 
and  all  these  violent  assaults,  were  only  to  force 


himself  back  into  power:  and  this  lieing  seen 
his  efforts  U'canie  tinavuiling,  and  distasteful  to 
tho  public;  and  he  lost  his  power  and  intlueno« 
with  the  people,  and  sunk  his  friends  with  him. 
More  than  one  hundred  and  sixty  of  his  support- 
ers in  the  House  of  Commons,  lost  their  places 
at  the  ensuing  election,  and  were  B|iortively  call- 
ed "  Fox's  Martyrs  ; "  and  when  they  hud  a  pro- 
cession in  London,  wearing  tho  tails  of  foxes  in 
their  hats,  and  some  one  wondered  where  so  many 
tails  of  that  aniniul  had  come  from,  Mr.  Pitt 
slyly  said  a  great  many  foxes  had  been  lately 
taken :  one,  upon  an  average,  in  every  borough. 
Mr.  Fox,  young  at  that  time,  lived  to  recover 
from  this  prostration  ;  but  his  mistake  was  onu 
of  those  of  which  history  is  full,  and  tho  lesson 
of  which  is  in  vain  read  to  succeeding  genera- 
tions. Public  men  continue  to  attack  their  lul- 
versaries  in  power,  and  oppose  their  mcuKuri's, 
while  having  private  griefs  of  their  own  to  i-e- 
dress,  and  personal  ends  of  their  own  to  accoin- 
jtlish  ;  and  tho  instinctive  sagacity  of  the  people 
always  sees  the  sinist'T  motive,  and  condemns 
the  conduct  founded  upon  it. 

Mr.  Clay,  Mr.  Culhoun,  and  Mr.  Webster  were 
now  all  united  against  General  Jackson,  with 
all  their  friends,  and  the  Hank  of  the  I'nitid 
States.  Tho  two  former  had  their  private  gi  ii'fs : 
Mr.  Clay  in  the  results  of  the  election,  and  Mr. 
Culhoun  in  the  quarrel  growing  out  of  tlie  di.*- 
covery  of  his  conduct  in  Mr.  Monroe's  cabinet ; 
and  it  would  have  been  difficult  so  to  have  con- 
ducted their  opposition,  and  attack,  as  to  have 
avoided  the  imputation  of  a  personal  n\otive. 
But  they  so  ''onducted  it  as  to  authorize  and 
suggest  that  miputation.  Their  movements  nil 
took  a  personal  and  vindictive,  instead  of  a  legis- 
lative and  remedial,  nature.  Mr.  Taney's  reasons 
for  removing  tho  deposits  were  declared  to  be 
"  unsatisfactory  and  insufBcient " — being  words 
of  reproach,  and  no  remedy ;  nor  was  tho  reme- 
dy of  restoration  proposed  until  driven  into  it. 
Tho  resolution,  in  relation  to  Gen.  Jackson,  was 
still  more  objectionable.  The  Senate  had  nothing 
to  do  with  him  personally,  yet  a  resolve  was 
proposed  against  him  entirely  personal,  charging 
him  with  violating  the  laws  and  the  constitution ; 
and  proposing  no  remedy  for  this  imputed  vio- 
lation, nor  for  tho  act  of  which  it  was  tho  sub- 
ject. It  was  purely  and  simply  a  personal  cen- 
sure— a  personal  condemnation  that  was  pro- 
posed ;  and,  to  aggravate  the  proposition,  it  came 


ANNO  1833.     ANDREW  JACKHON,  PRRSIDKNT. 


401 


I  th'm  Uinn  Hi-en, 
and  tliHtanU'fiil  to 
)wcr  nn»l  IntluenoB 
friemlH  with  him. 
xty  of  his  SHpport- 
,H,  lost  their  iilucos 
!VTM  Bjiortivt'ly  calU 
icn  they  hud  a  jiro- 
he  tnilH  of  foxes  in 
urcdwherc  HO  ninny 
mie  from,  Mr.  Titt 
[cs  had  been  lately 
c,  in  every  bcroui^h. 
no,  lived  to  recover 
his  mistake  was  onu 
s  full,  and  the  lesson 
0  Huccccding  genera- 
10  to  attack  their  ad- 
ipose their  measures, 
i  of  their  own  to  re- 
r  their  own  to  nccom- 
HaKacity  of  the  people 
notivo,  and  condemns 

it. 

nnd  Mr.  Webster  were 

General  Jackson,  with 
J  Bank  of  the  Uuitid 
id  their  private  pi  lef-: 
the  election,  and  Mr. 
•owing  out  of  the  (11.*- 
Mr.  Monroe's  cabinet; 
jiificult  so  to  have  con- 
ind  attack,  as  to  have 
of  a  personal  motive. 
it  an  to  authorize  and 
Their  movements  all 
ctivc,  instead  of  a  Icfjis- 
3.   Mr.  Taney's  reasons 
;8  were  declared  to  be 
ifBcient"— being  words 
)dy  ;  nor  was  the  remc- 
-d  until  driven  into  it. 
'.  to  Gen.  Jackson,  was 
JThc  Senate  had  nothing 
Illy,  yet  a  resolve  was 
irc'ly  personal,  charging 
vs  and  the  constitution; 
iy  for  this  imputed  vio- 
which  it  was  the  sub- 
simply  a  personal  cen- 
[mnation  that  was  pro- 
the  proposition,  it  came 


firom  the  Ruggcstion  of  the  bank  directoi-N'  me- 
morial to  Congrt'BH. 

The  combination  was  formidnbie.    The  bank 
Itdelf  was  a  great  power,  ond  wn^  able  to  rarry 
distress  into  all  the  business  dej>iirtnu'iits  of  the 
country  ;  the  political  array  against  the  I'reHident 
was  unprecedented  in  |ioint  of  nuuilmr,  and  greot 
in  |)oint  t)f  ability.     Jiesides  the  three  eminent 
chiefs,  there  were,  in  the  Senate;  Messrs.  Bibb 
of  Kentucky ;  Kzokiel  Chambers  of  Maryland  ; 
Clayton  of  Delaware ;  Ewing  of  Ohio ;   Kirc- 
linghuyscn  of  New  Jersey ;  Wntkins  IxMgh  of 
Virginia;  Mangumof  North  Carolina;  Poiiidex- 
ter  of  Mi-ssissippi ;  Alexander  Porter  of  Louisi- 
ana; William  0.  Preston  of  South  Carolina; 
Southard  of  New  Jersey;  Tyler  of  Virginia. 
In  the  House  of  Representatives,  IxsiiKs  the 
cx-President,  Mr.  Adams,  and  the  eminent  jurist 
from  Penn.sylvania,  Mr.  Horace  Binney,  there 
was  a  long  catalogue  of  able  sjK'akers ;  Messrs. 
Archer  of  Virginia ;  Bell  of  Tennes.seo ;  Burge.ss 
of  Rhode  Island ;  Rufus  Choate  of  Massachu- 
setts; Corwin  of  Ohio;  Warren  R.  Davis  of 
South  Carolina ;  John  Davis  of  Massachusetts ; 
Edwaid  Everett  of  Ma,ssachusetts  ;  Millard  Fill- 
more of  New-York,  afterwards  President ;  Ro- 
l)crt  P.  Letcher  of  Kentucky ;  Benjamin  Hardin 
of  Kentucky ;  MeDufBe  of  South  Carolina ;  Pey- 
ton of  Tennessee;  Vance  of  Ohio;  Wilde  of 
Georgia;  Wise  of  Virginia:  in  all,  above  thirty 
able  speakere,  many  of  whom  spoke  many  times ; 
besides  many  others  of  good  ability,  but  with- 
out extensive  national  reputations.    The  busi- 
ness of  the  combination  was  divided — distress 
and  panic  the  object — and  the  parts  distributed, 
and  separately  cast  to  produce  the  ellect.    The 
bank  was  to  make  the  distress — a  thing  easy  for 
it  to  do,  fiom  its  own  moneyed  power,  and  its 
power   over    other    moneyed   institutions   and 
money  dealers ;  also  to  get  up  distress  meetings 
and  memorials,  and  to  lead  the  public  press :  the 
politicians  were  to  make  the  panic,  by  the  alarms 
wliich  they  created  for  the  safety  of  the  laws,  of 
the  constitution,  the  public  liberty,  and  the  pub- 
lic money :  and  most  zealously  did  each  division 
of  the  combination  perform  its  part,  and  for  the 
long  period  of  three  full  months.    The  decision 

Vol.  I.— 26 


of  the  resolution  condemning  General  Jackson, 
on  which  all  this  nuiehinery  of  dlstrcsn  and  pank) 
was  hung,  required  no  part  of  that  time.  There 
was  the  same  majority  to  vote  it  the  first  day 
as  the  last;  but  the  time  was  wanted  to  get  up 
the  alarm  and  the  distress ;  and  the  vote,  when 
taken,  was  not  from  any  exhaustion  of  the  means 
of  terrifying  and  agonizing  the  country,  but  for 
the  puri)08o  of  having  the  sentence  of  condem- 
nation ready  for  the  Virginia  elections — ready 
for  spreading  over  Virginia  at  the  approach  of 
the  April  elections.  The  ond  proiwscd  to  thetOr 
selves  by  the  combined  parties,  wiis,  for  the  bank, 
a  rccharter  and  the  restoration  of  tho  deposits; 
for  the  politicians,  an  ascent  to  power  upon  tho 
overthrow  of  Jackson. 

The  friends  of  General  Jackson  saw  the  ad- 
vantages which  were  presented  to  them  in  the 
unhallowed  combination  between  the  moneyed 
and  a  political  power — in  the  personal  and  vin- 
dictive character  wliich  they  gave  to  tho  pro- 
ceedings— tho  private  griefs  of  tho  leading  as- 
sailants — tho  unworthy  objects  to  bo  attained 
— and  the  cruel  moans  to  be  used  for  their  at- 
taiiunent.  These  friends  were  also  numerous, 
zealous,  able,  determined  ;  and  animated  by  the 
consciousness  that  they  were  on  tho  side  of 
their  country.  They  were,  in  tho  Senate  : — 
Messrs.  Forsyth  of  Georgia ;  Grundy  of  Ten- 
nessee ;  Hill  of  New  Hampshire ;  Kane  of  Illi- 
nois ;  King  of  Alabama ;  Rives  of  Virginia ; 
Nathaniel  Talhnadgo  of  New  York ;  Hugh  L. 
White  of  Tennessee  ;  Wilkins  of  Pennsylvania ; 
Silas  Wright  of  New-York  ;  and  tho  author  of 
this  Thirty  Years'  View.  In  tho  House, 
were : — Messrs.  Beardsley  of  New-York ;  Cam- 
breleng  of  New-Yoi'k  ;  Clay  of  Alabama ;  Gil- 
Ictt  of  New- York ;  Hubbard  of  Now  Hamp- 
shire ;  McKay  of  North  Carolina ;  Polk  of 
Tennessee ;  Francis  Thomas  of  Maryland ;  Van- 
dcrpoel  of  Now- York ;  and  Wayne  of  Georgia. 

Mr.  Clay  opened  tho  debate  in  a  prepared 
speech,  commencing  in  the  style  which  the  rhe- 
toricians call  ex  abruptu — being  the  style  of" 
opening  which  the  occasion  required — that  of 
rousing  and  alarming  the  passions.  It  will  be 
found  (its  essential  parts)  in  the  next  chapter. 


;\ 


is 


;* 


402 


THIRTY  YEARS'  VIEW. 


hi; 


■  *,i 


CHAPTER    XCIX. 

MR.  CLAYS  SPEKCU  AOAINST  PUKSinKNT  ,TArK- 
SON  ON  THE  HEMOVAL.  OF  THE  DEPOSITS— EX- 
TRACTS. 

"  Mu.  Clay  ftddrp.sscrl  the  Senate  as  follows  : 
Wc  are,  said  he,  in  the  mirlst  of  a  revolution, 
hitherto  bloodle.ss,  but  rapidly  tending  towards 
a  total  clmnfje  of  the  pure  republican  character 
of  the  government,  and  to  the  concentration  of 
all  power  in  the  hands  of  one  man.  The  powers 
of  Congress  are  paralj'zed,  except  when  exerted 
in  conformity  with  his  will,  by  frequent  and  an 
extraordinary  exercise  of  the  executive  veto,  not 
anticipated  by  the  fomiders  of  the  constitution, 
and  not  practised  by  any  of  the  predecessors  of 
the  present  Chief  ]\Iapistrate.  And,  to  cramp 
them  still  more,  a  new  expedient  is  springing 
into  use,  of  withholding  altogether  bills  whicli 
have  received  the  sanction  of  both  Houses  of 
Congress,  thereby  ciitting  off  all  opportunity 
of  passing  them,  even  if,  after  their  return,  the 
members  should  be  unanimous  in  their  favor. 
The  constitutional  participation  of  the  Senate 
in  the  ai>pointing  power  is  virtually  abolished, 
by  the  constant  use  of  the  power  of  removal 
from  oflice  without  any  known  cause,  and  by 
the  appointment  of  the  .same  individual  to  the 
same  office,  after  his  rejection  by  the  Senate. 
How  often  have  we,  senators,  felt  that  the 
cheek  of  the  Senate,  instead  of  being,  as  the 
constitution  intended,  a  salutary  control,  was 
an  idle  cereniouj'  ?  How  often,  when  acting  on 
the  case  of  the  nominated  successor,  have  we 
felt  the  injustice  of  the  removal?  How  often 
have  we  said  to  each  other,  well,  what  can  we 
do  ?  the  ollice  cannot  remain  vacant  without 
prejudice  to  the  public  interests  ;  and,  if  we  re- 
ject the  pioposed  substitute,  we  cannot  restore 
the  displaced,  and  perhajjs  some  more  unworthy 
man  may  be  nominated. 

"The  judiciary  has  not  been  exempted  from 
the  prevailing  rage  for  innovation.  Decisions 
of  the  tribunals,  deliberately'  pronounced,  have 
been  contemptuously  disregarded,  and  the  sanc- 
tity of  numerous  treaties  openly  violated.  Our 
Indian  relations,  coeval  with  the  existence  of 
the  government,  and  recognizetl  and  established 
by  numerous  laws  and  treaties,  have  been  sub- 
verted ;  the  rights  of  the  heljiless  and  unfortu- 
nate aborigines  trampled  in  the  dust,  and  they 
brought  under  sul)Jectiou  to  miknown  laws,  in 
whicli  they  have  no  voice,  pronudgated  in  an 
unknown  language.  'J'lie  most  extensive  and 
most  valuable  |)ublic  domain  that  ever  fell  to 
the  lot  of  one  nation  is  thiealened  with  a  total 
sacrifice.  The  general  cuirency  of  the  country, 
the  life-blood  of  all  its  business,  is  in  the  nu)st 
inuuinent  danger  of  universal  disorder  and  eon- 
fusion.  The  power  of  internal  improvement  lies 
crut-hed  beneath  the  veto.    The  system  of  pro- 


tection ,.f  American  industry  was  snatched  from 
imix>nding  aistruction  at  the  last  session  ;  but 
we  ai"e  now  coo'.'y  told  by  the  ^'ecretary  of  tiie 
Treasury,  without  a  blush,  'that  it  is  understood 
to  be  coitrrded  on  all  haiidn  that  a  tariff  for 
protection  merely  is  to  be  finally  abandoned.' 
\\y  the  'M\  of  March,  1837,  if  the  progress  of  in- 
novation continue,  there  will  be  scarcely  a  ves- 
tige remaining  of  the  governnu  nt  and  its  iiolicv, 
as  they  existed  ]n-ior  to  the  3''  of  March,  1812!)" 
Tn  a  term  of  years,  a  little  m o.e  than  equal  to 
that  which  was  required  to  establish  our  lihor- 
tics,  the  government  will  have  been  transfonned 
into  an  elective  monarchy — the  worst  of  all 
forms  of  government. 

'•  Such  is  a  melancholy  but  faithful  picture  of 
the  present  condition  of  our  public  allairs.  It 
is  not  sketched  or  exhibited  to  excite,  here  or 
elsewhere,  irritated  feeling  ;  I  have  no  such 
purjjose.  I  would,  on  the  contrary,  implore  the 
Senate  and  the  people  to  discard  all  passion  and 
prejudice,  and  to  look  calmly  but  resolutely 
upon  the  actual  state  of  the  constitution  and 
tlicci>untry.  Although  I  bring  into  the  Senate 
the  same  unabated  spirit,  and  the  same  firm  de- 
termination, which  have  ever  guided  me  in  the 
support  of  civil  liberty,  and  the  defence  of  our 
constitution,  I  contemplate  the  i)rospect  before 
us  with  feelings  of  deep  humiliation  and  jno- 
found  mortification. 

''  It  is  not  among  the  least  unfortunate  svii,|i- 
toms  of  the  times,  that  a  large  ])roi)orti()n  of 
the  good  and  eidightened  men  of  the  Union,  of 
all  parties,  are  yielding  to  sentiments  of  despon- 
dency. There  is,  unliappily,  a  feeling  of  dis- 
trust and  insecurit}'  pervading  the  comnuuiitv. 
Many  of  our  best  citizens  entertain  serious  iiji- 
prehensions  that  our  Union  and  our  institutions 
are  de.-tined  to  a  speedy  overthrow.  Sir,  I 
trust  that  the  hopes  and  ccmlidenee  of  the  conn- 
try  will  revive.  There  is  nuich  occasion  for 
manly  independence  and  patriotic  vigor,  Imt 
none  for  despair.  Thank  God,  we  are  yet  free; 
and,  if  we  put  on  the  chains  which  aro  forging 
for  us,  it  will  be  because  we  deserve  to  weiu' 
them.  We  shoidd  never  despair  of  the  repnb- 
lic.  If  our  ancestors  had  been  capable  of  sui- 
rendering  tliemselves  to  such  ignoble  senti- 
ments, our  independence  and  oui-  liberties 
would  never  have  been  achieved.  The  winter 
of  177(i-'77,  was  one  of  the  gloomiest  periods 
of  "ur  revolution  ;  but  on  this  day,  lif'ty-seven 
j-eais  ago,  the  father  of  his  country  achieved  a 
glorious  victory,  which  diffused  joy,  and  gliul- 
ness,  ami  animation  throughout  the  States. 
Let  us  cherish  the  hojic  that,  since  he  has  gone 
fiom  among  us.  Providence,  in  the  disj)ensation 
of  his  mercies,  has  near  at  baud,  in  reserve  fur 
us,  though  yet  unseen  by  us,  some  sure  and 
happy  deliverance  from  all  impending  danger,'^. 

•  When  we  assembled  here  last  year,  we  were 
full  of  dreadful  forebodings.  On  the  one  hand, 
we  were  menaced  with  a  civil  war,  which,  ligiit- 
iug  uj)  in  a  single  State,  nught  spread  its  flames 
tiu'oughout  ouu  of  tho  largest  Bcctions  of  the 


ANNO  1833.     ANDREW  JACKSON,  PRESIDENT. 


403 


wns  snatched  from 
e  last  session  ;  but 
\o  cecretary  of  tl\e 
that  it  is  undcrstoud 
/,<  that  a  tariff  for 
finally  abandoned.' 
■  the  progress  of  in- 
1  be  scarcely  a  ves- 
mu  nt  and  its  iiolicy. 
;2''ofMarch,  18'2',). 
m  v.e  than  equal  to 
establish  our  liher- 
ive  been  transformed 
— the   worst  of  all 

nt  faithful  picture  of 
ir  public  alVairs.  It 
cd  to  excite,  here  or 
cr  ;  I  have  no  such 
contrary,  imiilore  the 
iscard  all  passion  and 
ilmly  but  res(dutely 

the  constitution  and 
brin^  into  the  Senate 
and  the  same  fuin  df- 
L>ver  Ruided  me  in  the 
nd  the  defence  of  om- 
te  the  i>rospect  before 

humiliation  and  pro- 

>ast  nnfortunate  s.\ mi)- 
a  larjie  ju'oportinn  of 
men  of  the  Union,  of 
)  sentiments  of  desium- 
)pily,  a  feellMu;  of  di^- 
adinp;  the  comnumity. 
s  entertain  serious  aii- 
on  and  our  institutions 
ly  overthrow.     Sir,  I 
confidence  of  the  coiiii- 
is  much  occasion  for 
patriotic   vigor,  but 
t  God,  we  are  yet  free; 
iiins  which  arc  forpuin 
we  deserve  to  wear 
,  despair  of  the  repub- 
id  been  cai)ab"ie  of  sui- 
o  such    iiinoble  sciiti- 
ice    and    oui-    libertKs 
achieved.     The  winter 
the  gloomiest  periods 
,n  this  day,  tifty-?cven 
his  c(nintry  achieved  a 
litt'used  joy,  !"»l  P>«''' 
hrou^ihout   the  States 
that,  since  he  has  pone 
uco,  in  the  dispensation 
at  hand,  in  reserve  lor 
by  lis,  some  sui-e  mi" 
till  impending  danger.><. 
here  last  year,  we  were 
ni!;s.     On  the  one  hand, 
,  civil  war,  which,  lif-dit- 
niiRht  spread  its  flames 
largest  Bcctiona  ol  tnc 


Union.  On  the  other,  a  cherished  system  of 
policy,  os.sontial  to  the  successful  prosecution 
of  the  industry  of  our  countrymen,  was  expo,>ied 
to  imminent  danf^r  of  destruction.  Means  were 
iiappily  npplied  by  Congress  to  avert  both  ca- 
lamities, the  coimtr}-  was  reconciled^  and  our 
Union  once  more  Iwcame  a  band  of  friends  and 
brother.s.  And  I  shall  be  grtmtly  disappointed, 
if  we  do  not  find  those  who  were  donoimccd  as 
iK'ing  unfriendly  to  the  ctmtiniiance  of  our  con- 
federacy, among  the  foremost  to  fly  to  its  pre- 
servation, and  to  resist  all  executive  encroach- 
ments. 

''Mr.  President,  when  Congress  adjourned  at 
the  termit\ition  of  the  last  session,  there  was 
one  remnant  of  its  powers — that  over  the  purse 
—left  untouched.  The  two  most  important 
poweis  of  civil  government  are  those  of  the 
sword  and  purse ;  tlie  first,  with  some  restric- 
tions, is  confided  by  the  constitiition  to  the 
Executive,  and  the  last  to  the  legislative  depart- 
ment. If  they  are  separate,  and  exercised  by 
diiferent  res])onsililo  departments,  civil  lilwrty 
is  safe;  but  if  they  are  united  in  the  hands  of 
tiie  same  individual,  it  is  gone.  That  clear- 
sijrhled  .and  revolutionary  orator  and  patriot, 
Patrick  Henry,  justly  .said,  in  the  Virginia  con- 
vention, in  reply  to  one  of  his  opponents, '  Let 
him  candidly  tell  me  where  and  when  did  free- 
dom exist,  when  the  sword  and  purse  were 
u;iven  up  from  the  people  ?  Unless  a  miracle 
in  human  affairs  interposed,  no  nation  ever  re- 
tained its  liberty  after  the  loss  of  the  sword 
ai'd  the  pjirsc.  Can  you  prove,  by  any  argu- 
mentative deduction,  that  it  is  jwssible  to  be 
safe  without  one  of  them  ?  If  you  give  them 
up,  you  arc  gone.' 

•'Up  to  the  jH'riod  of  the  termination  of  the 
last  session  of  Congress,  the  exclusive  consti- 
tutional power  of  Congress  over  the  treasury 
of  tlie  United  States  had  never  been  contested. 
Among  its  earliest  acts  was  one  to  establish 
the  treasury  department,  which  provided  for 
the  appointment  of  a  treasurer,  who  was  re- 
quired to  give  bond  and  security,  in  a  very 
larfte  amount,  'to  receive  and  keep  the  moneys 
of  the  United  States,  and  disburse  the  same 
upon  warrants  drawn  by  the  Secretary  of  the 
Treasury,  countersigned  by  the  Comptroller, 
recorded  by  the  Register,  and  not  otherwise.' 
Prior  to  the  establishment  of  the  present  Bank 
of  the  United  States,  no  treasury  or  place  had 
been  provided  or  designated  by  law  for  the  safe 
kce]>iiig  of  the  public  moneys,  but  the  treasurer 
was  left  to  his  own  discretion  and  responsibili- 
ty. When  the  existing  bank  was  established, 
it  w.'is  provided  that  the  public  moneys  should 
be  deposited  with  it,  and,  consequently,  that 
bank  became  the  treasury  of  the  United  States; 
for,  whatever  place  is  designated  by  law  for  the 
keeping  of  the  public  money  of  the  United 
States,  under  the  care  of  the  treasurer  of  the 
United  States,  is,  for  the  time  being,  the  trea- 
sury. Its  dafety  was  drawn  iu  qiostion  by  the 
Chief  Magistrate,  and  aa  agent  was  appointed 


a  little  more  than  a  jcar  ago  to  investigate  its 
ability.  He  reported  iu  the  Executive  that  it 
was  perfectly  safe.  His  apprehensions  of  its 
sididity  were  communicated  by  the  President 
to  Congress,  and  a  committee  was  appointed  to 
examine  the  subject ;  they,  also,  icported  in  fa- 
vor of  its  security.  And,  finally,  among  tho 
last  acts  of  the  House  of  Representatives,  prior 
to  the  close  of  the  last  session,  was  the  adop- 
tion of  a  resoluti(m,  manifesting  1*8  entire  con- 
fidence in  the  ability  and  solidity  »  'the  bank. 

"After  all  these  testimonies  to  the  perfect 
safety  of  the  public  moneys  in  the  place  ap- 
pointed by  Congress,  who  could  have  supposed 
that  the  place  would  have  been  changed  t 
Who  could  have  imagined  that,  within  sixty 
days  of  the  meeting  of  Congress,  and,  as  it 
were,  in  utter  ccmtempt  of  its  authority,  the 
change  should  have  been  ordered  ?  Who 
would  have  dreamed  that  the  treasurer  should 
have  thrown  away  the  single  key  to  the  trea- 
sury, over  whirl.  Congress  held  ample  contnd, 
and  accepted,  in  lieu  of  it,  some  dozens  of  keys, 
over  which  neither  Congress  nor  ho-  has  any 
adequate  control?  \et,  sir,  all  this  has  been 
done ;  and  it  is  now  our  solemn  duty  to  inquire, 
1st.  By  whose  authority  it  has  been  ordei-cd ; 
and,  2d.  Whether  the  order  has  been  given  in 
conformity  with  the  constitution  and  laws  of 
the  United  States. 

"  I  agree,  sir,  and  I  am  very  happy  whenever 
I  can  agree  with  the  President,  as  to  the  im- 
mense importance  of  these  qvcstions.  He  says, 
in  the  pajHir  which  I  hold  in  my  hand,  ttiat  he 
looks  upon  the  pending  question  as  involving 
higher  considerations  than  tho  '  mere  transfer 
of  a  sum  of  money  from  one  bank  to  another. 
Its  decision  may  atlect  the  character  of  our 
government  for  ages  to  come.'  And,  with  him, 
I  view  it  as  '  of  transcendent  importance,  both 
in  the  principles  and  the  con.sequences  it  in- 
volves.' It  is  a  question  of  all  time,  for  pos- 
terity as  well  as  for  us — of  constitutional  gov- 
ernment or  monarchy — of  liberty  or  slavery. 
As  I  regard  it,  I  hold  the  bank  as  nothing,  as 
perfectly  insignificant,  faithful  as  it  has  been  in 
the  performance  of  all  its  duties.  I  hold  a 
sound  curreiH'v  as  nothing,  essential  as  it  is  to 
the  prosperity  of  every  branch  of  business,  and 
to  all  conditions  of  society,  and  efficient  as  the 
agency  of  the  bank  has  been  in  providing  the 
country  with  a  currency  as  sound  as  ever  exist- 
ed, and  unsiirp'' -■:ied  by  any  in  Christendom.  I 
consider  even  the  public  faith,  sacred  and  invio- 
lable as  it  ever  should  be,  as  comparatively 
nothing.  All  these  <niestioiis  are  merged  in 
the  greater  and  mightier  questi<mof  the  consti- 
tutional distribution  of  the  powers  of  the  gov- 
ernment, as  affected  by  the  recent  executive  in- 
novation. The  real  inquiry  is,  shall  all  tho 
barriers  which  have  been  erected  by  the  cau- 
tion and  wisdom  ot  oar  ancestors,  for  the  pres- 
ervation of  civil  liberty,  be  prostrated  and  trod- 
den under  foot,  and  the  sword  and  the  purse  be 
at  once  united  iu  tho  hands  of  r>au  man  i    Sliall 


404 


THIRTY  YEARS'  VIEW. 


the  power  of  Congress  over  the  treasury  of  the 
United  States,  hitherto  never  contested,  be 
wrested  from  its  possession,  and  be  hencefor- 
ward wielded  by  the  Chief  Magistrate  ?  En- 
tertaining these  views  of  the  magnitude  of  tiie 
question  before  us,  I  shall  not,  at  least  to-day, 
examine  the  reasons  which  the  President  has 
assigned  for  his  act.  If  he  has  no  power  to 
perform  it,  no  reasons,  however  cogent,  can 
justify  the  deed.  None  can  sanctify  an  illegal 
or  unconstitutional  act. 

"The  question  is,  by  virtue  of  whose  will, 
power,  dictation,  was  the  removal  of  the  de- 
posits efl'ected  ?  By  whose  authority  and  de- 
termination were  they  transferred  from  the 
Bank  of  the  United  States,  where  they  were 
required  by  the  law  to  be  placed,  and  put  in 
banks  which  the  law  had  never  designated  ? 
And  I  tell  gentlemen  opposed  to  me,  that  I  am 
not  to  be  answered  by  the  exhibition  of  a 
formal  order  bearing  the  signature  of  R.  B. 
Taney,  or  any  one  else.  I  want  to  know,  not 
the  amanuensis  or  clerk  who  prepared  or  sign- 
ed the  official  form,  but  the  authority  or  the 
individual  who  dictated  or  commanded  it ;  not 
the  hangman  who  executes  the  culprit,  but  the 
tribunal  which  pronounced  the  sentence.  I 
want  to  know  that  power  in  the  government, 
that  original  and  controlling  authority,  which 
required  and  commanded  the  removal  of  the 
deposits.  And,  I  repeat  the  question,  is  there 
a  senator,  or  intelligent  man  in  the  whole  coun- 
try, who  entertains  a  solitary  doubt  ? 

"Hear  what  the  President  himself  says  in 
his  manifesto  read  to  his  cabinet :  '  The  Presi- 
dent deems  it  his  duty  to  communicate  in  this 
manner  to  his  cabinet  the  final  conclusions  of 
his  own  mind,  and  the  reasons  on  which  they 
are  founded.'  And,  at  the  conclusion  of  this  pa- 
per, what  does  he  say  ?  '  The  President  again 
repeats  that  he  begs  his  cabinet  to  consider  the 
proposed  measure  as  his  own,  in  the  support  of 
which  he  shall  require  no  one  of  them  to  make 
a  sacrifice  of  opinion  or  principle.  Its  respon- 
sibility has  been  assumed,  after  the  most  ma- 
ture deliberation  and  reflection,  as  necessary  to 
preserve  the  morals  of  the  people,  the  freedom 
of  the  press,  and  the  purity  of  the  elective  fran- 
chise, without  which  all  will  unite  in  saying 
that  the  blood  and  treasure  expended  by  our 
forefathers,  in  the  establishment  of  our  happy 
system  of  government,  will  have  been  vain  and 
fruitless.  Under  these  convictions,  he  feels 
that  a  measure  so  important  to  the  American 
people  cannot  be  commenced  too  soon  ;  and  he 
therefore  names  the  1st  day  of  October  next  as 
a  period  proper  for  the  change  of  the  deposits, 
or  sooner,  provided  the  necessary  arrangements 
with  the  State  banks  can  be  raaue.'  Sir,  is 
there  a  senator  here  who  will  now  tell  me  that 
the  removal  was  not  the  measure  and  the  act 
of  the  President  1 

"  Thus  is  it  evident  that  the  President,  neither 
by  the  act  creating  the  treasury  department, 
Qor  by  the  bank  charter,  has  any  pov^  r  over 


the  public  treasury.  Has  he  anv  by  the  con- 
stitution ?  None,  none.  We  have  already 
seen  that  the  constitution  positively  forbids 
any  money  from  being  drawn  from  the  treasu- 
ry but  in  virtue  of  a  previous  act  of  appropiia- 
tion.  But  the  President  himself  says  that 
'  upon  him  has  been  devolved,  by  the  constitu- 
tion, and  the  suffrages  of  the  American  people 
the  duty  of  superintending  the  operation  of  the 
executive  departments  of  the  government,  and 
seeing  that  the  laws  are  faithfully  executed.' 
If  there  existed  any  such  double  source  of  exe- 
cutive power,  it  has  been  seen  that  the  treasury 
department  is  not  an  executive  department ;  but 
that,  in  all  that  concerns  the  public  treasury, 
the  ii^ecretary  is  the  agent  or  representative  of 
Congress,  acting  in  obedience  to  their  will,  and 
maintaining  a  direct  intercourse  with  them.  By 
what  authority  does  the  President  derive  power 
from  the  mere  result  of  an  election  ?  In  another 
part  of  this  same  cabinet  paper  he  refers  to  the 
suffrages  of  the  people  as  a  source  of  power 
independent  of  a  system  in  which  power  has 
been  most  carefully  separated,  and  distributed 
between  three  separate  and  independent  de- 
partments. We  have  been  told  a  thousand 
times,  and  all  experience  assures  us,  that  such 
a  division  is  indispensable  to  the  existence  and 
preservation  of  freedom.  We  have  established 
and  designated  offices,  and  appointed  officers  in 
each  of  those  departments,  to  execute  the  duties 
respectively  allotted  to  them.  The  President, 
it  is  true,  presides  over  the  whole  ;  specific  du- 
ties are  often  assigned  by  particular  laws  to 
him  alone,  or  to  other  officers  under  his  super- 
intendence. His  parental  eye  is  presumed  to 
survey  the  whole  extent  of  the  system  in  all 
its  movements  ;  but  has  he  power  to  come  into 
Congress,  and  to  say  such  laws  only  shall  you 
pass ;  to  go  into  the  courts,  and  prescribe  the 
decisions  which  they  may  pronounce ;  or  even 
10  enter  the  offices  of  administration,  and,  where 
duties  are  specifically  confided  to  those  officers, 
to  substitute  his  will  to  their  duty  ?  Or,  has 
he  a  right,  when  those  functionaries,  deliberat- 
ing upon  their  own  solemn  obligations  to  tlie 
people,  have  moved  forward  in  their  assignerl 
spheres,  to  arrest  their  lawful  progress,  because 
they  have  dared  to  act  contrary  to  his  pleasure  ? 
No,  sir ;  no,  sir.  His  is  a  high  and  glorious 
station,  but  it  is  one  of  observation  and  super- 
intendence. It  is  to  see  that  obstructions  in 
the  forward  movement  of  government,  unlaw- 
fully interposed,  shall  be  abated  by  legitimate 
and  competent  means. 

"  Such  are  the  powers  on  which  the  President 
relies  to  justify  his  seizure  of  the  treasury  of 
the  United  States.  I  have  examined  them,  <ine 
by  one,  and  they  all  fail,  utterly  fail,  to  bear  oat 
the  act.  Wc  are  brought  irresistibly  to  tlie 
conclusions,  Ist,  That  the  invasion  of  the  public 
treasury  has  been  perpetrated  by  the  removal 
of  one  Secretary  of  the  Treasury,  who  would 
:  not  violate  his  conscientious  obligations,  and  by 
the  appointment  of  another,  who  stood  ready 


* 


ANNO  1833.     ANDREW  JACKSON,  PRESIDENT. 


405 


!  anv  by  the  con- 
Ve  We  already 
positively  forbids 
1  from  the  treasu- 
act  of  approp.iar 
limself  says  that 
J  by  the  constitu- 
j  American  people, 
le  operation  of  the 
B  government,  and 
ithfuUy  executed.' 
uble  source  of  exe- 
n  that  the  treasury 
re  department ;  but 
lie  public  treasury, 
)r  representative  of 
;e  to  their  will,  and 
irae  with  them.    By 
jsident  derive  power 
ection  1    In  another 
aper  he  refers  to  the 
a  source  of  power 
n  which  power  has 
sited,  and  distributed 
,nd  independent  de- 
en  told  a  thousand 
assures  us,  that  such 
to  the  existence  and 
We  have  established 
appointed  officers  in 
to  execute  the  duties 
Leni.    The  President, 
,e  whole  ;  specific  du- 
y  particular  laws  to 
;ers  under  his  super- 
eye  is  presumed  to 
jf  the  system  in  all 
le  power  to  come  into 
1  laws  only  shall  you 
pts,  and  prescribe  the 
{  pronounce  ;  or  even 
inistration,  and,  where 
ided  to  those  officers, 
heir  duty  ?    Or,  has 
■nctionaries,  delibcrat- 
mn  obligations  to  the 
•ard  in  their  assigned 
wful  progress,  because 
itrary  to  his  pleasure? 
3  a  high  and  glorious 
bservation  and  super- 
i  that  obstructions  m 
if  ffovernment,  unlaw- 
abated  by  legitimate 

Ion  which  the  President 
ure  of  the  treasury  ot 
/e  examined  them,  one 

lutterly  fail,  to  bear  oat 

Irht  irresistibly  to  the 
I  invasion  of  the  public 

Itrated  by  the  remova 
Treasury,  who  wouia 
lous  obligations,  and  by 
Kher,  who  stood  ready 


to  subscribe  his  name  to  the  orders  of  the  Pres- 
ident; and,  2dly,  That  the  President  has  no 
color  of  authority  in  the  constitution  or  laws 
for  the  act  which  lie  has  thus  caused  to  be  per- 
formed. 

'•  And  now  let  us  glance  at  some  of  the  tre- 
mendous consequences  which  may  ensue  from 
this  high-handed  measure.     If  the  President 
may,  in  a  case  in  which  the  law  has  assigned  a 
specific  duty  exclusive!;   to  a  designated  officer, 
command  it  to  be  exec".i«d,  contrary  to  his  own 
judgment,  under  the  penalty  tf  an  expulsion 
from  office,  and,  upon  his  refusal,  may  appoint 
gome  obsequious  tool  to  perform  the  required 
act,  where  is  the  limit  to  his  authority  ?     Has 
he  not  the  same  right  to  interfere  in  every  other 
case,  and  remove  from  office  all  that  he  can  re- 
move, who  hesitate  or  refuse  to  do  his  bidding 
contrary  to  their  own  solemn  convictions  of 
their  duty?     There  is  no  resisting  this  inevit- 
able conclusion.    Well,  then,  how  stands  the 
matter  of  the  public  treasury  ?    It  has  been  seen 
that  the  issue  of  warrants  upon  the  treasury  is 
guarded  b^  four  independent  and  hitherto  rcs- 
poi.sible  checks,  each  contiolling  every  other, 
and  all  bound  by  the  law,  but  all  holding  their 
offices,  according  to  the  existing  practice  of  the 
government,  at  the  pleasure  of  the  President. 
The  Secretary  signs,  the  Comptroller  counter- 
signs, the  Register  records,  and  the  Treasurer 
pays  the   warrant.     We  have  seen  that  the 
President  has  gone  to  the  first  and  highest  link 
iu  the  chain,  and  coerced  a  conformity  to  hij 
will.    What  is  to  prevent,  wlienever  he  desires 
to  draw  money  from  the  public  treasury,  his 
applying  the  same  penalty  of  expulsion,  under 
which  Mr.  Duane  suffi;red,  to  every  link  of  the 
chain,  ''rom  the  Secretary  of  the  Treasury  down, 
and    thus  to    obtain  whatever  he  demands? 
^Vhat  is  to  prevent  a  more  compendious  accom- 
plishment of  his  object,  by  the  agency  of  transfer 
drafts,  drawn  on  the  sole  authority  of  the  Sec- 
retary, and  placing  the  money  at  once  wherever, 
or  in  whatsoever  hands,  the  President  pleases  ? 
"  What  security  have  the  people  against  the 
lawless  conduct  of  &Uj   President?    Where  is 
the  boundary  to  the  tremendous  power  ,\hich 
he  has  assumed  ?    Sir,  every  barrier  around  the 
public  treasury  is  broken  down  and  annihilated. 
From  the  moment  that  the  President  pronounced 
the  words,  '  This  measure  is  my  own ;  I  take 
upon  myself  the  responsibility  of  it,'  every  safe- 
guard around  the  treasury  was  prostrated,  and 
henceforward  it  might  as  well  be  at  the  Hermit- 
age.   The  measure  adopted  by  the  President  is 
without  precedent,    I  beg  pardon — there  is  one  ; 
but  we  must  go  down  for  it  to  the  commence- 
ment of  the  Christian  era.     It  will  be  recollected 
by  those  who  are  conversant  with  Roman  his- 
tory, that,  after  Pompey  was  compelled  to  retire 
to  Brundusium,  Caesar,  who  had  been  anxious 
to  give  him  battle,  returned  to  Rome, '  having 
reduced  Italy,'  says  the  venerable  biographer, 
'  in  sixty  days — ("the  exact  period  between  the 
day  of  the  removal  of  the  deposits  and  that  of 


the  commencement  of  the  present  session  of 
Congress,  without  the  usual  allowance  of  any 
days  of  grace] — in  sixty  days,  without  blood- 
shed.'    The  biographer  proceeds : 

"  '  Finding  the  city  in  a  more  settled  condition 
than  he  expected,  and  many  senators  there,  he 
addressed  them  in  a  mild  and  gracious  manner 
[as  the  President  addressed  his  late  Secretary  of 
the  Treasury],  and  desired  them  to  send  depu- 
ties to  Pompey  with  an  offi}r  of  honorable  terms 
of  peace,'  &c.  As  Metellus,  the  tribune,  opposed 
his  taking  money  out  of  the  public  treasury,  and 
cited  some  laws  against  it — [such,  Sir,  I  suppose, 
as  I  have  endeavored  to  cite  on  this  occasion] — 
Caesar  said  '  Arms  and  laws  do  not  flourish  to- 
gether. If  you  are  not  pleased  at  what  I  am 
about,  you  have  only  to  withdraw.  [Leave  the 
office,  iAir.  Duane !]  AVar,  indeed,  will  not  tole- 
rate much  liberty  if  speech.  When  I  say  this, 
I  am  renouncing  my  own  right ;  for  you,  and 
all  those  whom  I  have  found  exciting  a  spirit  of 
faction  against  me,  are  at  my  disposal.'  Having 
said  this,  he  approached  the  doors  of  the  trea- 
sury, and,  as  the  keys  were  not  produced,  he 
sent  for  workmen  to  break  them  open.  Metellus 
again  opposed  him,  and  gained  credit  with  some 
for  his  firmness  ;  but  Caesar,  with  an  elevated 
voice,  threatened  to  put  him  to  death  if  he  gave 
him  any  further  trouble.  '  And  you  know  very 
well,  young  man,'  said  he,  '  that  this  is  harder  for 
me  to  say  than  to  do.'  Metellus,  terrified  by 
the  menace,  retired  ;  and  Cajsar  was  afterwards 
easily  and  readily  supplied  with  every  thing 
necessary  for  that  war. 

"  Mr.  President  (said  Mr.  C.)  the  people  of 
the  United  States  are  indebted  to  the  President 
for  the  boldness  of  this  movement ;  and  as  one, 
among  the  humblest  of  them,  I  profess  my  ob- 
ligations to  him.  He  has  told  the  Senate,  in  his 
message  refusing  an  official  copy  of  his  cabinet 
paper,  that  it  has  been  published  for  the  infor- 
mation of  the  people.  As  a  part  of  the  people,  the 
Senate,  if  not  in  their  official  character,  have  a 
right  to  its  use.  In  that  extraordinary  paper 
he  has  proclaimed  that  the  measure  is  his  own 
and  that  he  has  taken  upon  himself  the  respon- 
sibility of  it.  In  plain  English,  he  has  proclaimed 
an  open,  palpable  and  daring  usurpation  ! 

"  For  more  than  fifteen  years,  Mr.  President, 
I  have  been  struggling  to  avoid  the  present  state 
of  things.  I  thought  I  perceived,  in  some  pro- 
ceedings, during  the  conduct  of  the  Seraiiole 
war,  a  spirit  of  defiance  to  the  constitution  and 
to  all  law.  With  what  sincerity  and  truth — 
witi  what  earnestness  and  devotion  to  civil 
libi  rty,  I  have  struggled,  the  Searcher  of  all  hu- 
man hearts  best  knows.  With  what  fortune, 
the  bleeding  constitution,  of  my  country  now 
fatally  attests. 

"  I  have,  nevertheless,  persevered ;  and,  under 
every  discouragement,  during  the  short  time 
that  I  expect  to  remain  in  the  public  councils, 
I  will  persevere.  \nd  if  a  bountiful  Providence 
would  allow  an  unworthy  sinner  to  aj)proach 
the  throne  of  grace,  I  would  beseech  Him,  03 


!!».' 


li!  * 


406 


THIRTY  TEARS'  VIEW. 


'■If'-'   .'*'9  %  -y ■»- 


the  greatest  favor  ITf  could  ^rant  to  me  here 
below,  to  spare  me  imtil  I  live  to  behold  the 
people,  rising  in  their  majesty,  with  a  peaceful 
and  constitutional  exercise  of  their  power,  to 
expel  the  Goths  from  Rome ;  to  rescue  the 
public  treasury  from  pillage,  to  preserve  the 
constitution  of  the  United  States ;  to  uphold  the 
Union  against  the  danger  of  the  concentration 
and  consolidation  of  all  power  in  the  hands  of 
the  Executive ;  and  to  sustain  the  liberties  of 
the  people  of  this  country  against  the  imminent 
perils  to  which  they  now  stand  exposed. 

"And  now,  Mr.  President,  what,  under  all 
these  circumstances,  is  it  our  duty  to  do  ?  Is 
there  a  senator  who  can  hesitate  to  aflBrm,  in 
the  language  of  the  resolutions,  that  the  Pres- 
ident has  assumed  a  dangerous  power  over  the 
treasury  of  the  United  States,  not  granted  to 
him  by  the  constitution  and  the  laws ;  and  that 
the  reasons  assigned  for  the  act  by  the  Secre- 
tary of  the  Treasury  are  insufBcient  and  unsa- 
tisfactory ? 

"  The  eyes  and  the  hopes  of  the  American 
people  are  anxiously  turned  to  Congress.  They 
feel  that  they  have  been  deceived  and  insulted ; 
their  confidence  abused ;  their  interests  betray- 
ed ;  and  their  liberties  in  danger.  They  see  a 
rapid  and  alarming  concentration  of  all  power 
in  one  man's  hands.  They  see  that,  by  the  ex- 
ercise of  the  positive  authority  of  the  Executive, 
and  his  negative  power  exerted  over  Congress, 
the  will  of  one  man  alone  prevails,  and  governs 
the  republic.  The  question  is  no  longer  what 
laws  will  Congress  pass,  but  what  will  the  Ex- 
ecutive not  veto  ?  The  President,  and  not 
Congress,  is  addressed  for  legislative  action. 
We  hiu  e  seen  a  corporation,  chained  with  the 
execution  of  a  great  national  work,  dismiss  an 
experienced,  faithful,  and  zealous  president,  af- 
terwards testify  to  his  ability  by  a  voluntary 
resolution,  and  reward  his  extraordinary  services 
by  a  large  gratuity,  and  appoint  in  his  place  an 
executive  favorite,  totally  inexperienced  and  in- 
competent, to  propitiate  the  President.  We 
behold  the  usual  incidents  of  approaching  tyran- 
ny. The  land  is  filled  with  spies  and  informers, 
and  detraction  and  denunciation  are  the  orders 
of  the  day.  People,  especially  official  incumbents 
in  this  place,  no  longer  dare  speak  in  the  fearless 
tones  of  manly  freemen,  but  in  the  cautious 
whispers  of  trembling  slaves.  The  premonitory 
symptoms  of  despotism  are  upon  us;  and  if 
Congress  do  not  apply  an  instantaneous  and 
efiective  remedy,  the  fatal  collapse  will  soon 
come  on,  and  we  sliall  die — ignobly  die — base, 
mean,  and  abject  slaves ;  the  scorn  and  con- 
tempt of  mankind ;  unpitied,  unwept,  unmourn- 
ed!" 


CHAPTER   C. 

ME.  BENTON'S  SPEEril  IN  E".rLT  TO  MR  (3LAT— 
EXTRACTS. 

Mr.  Clay  had  spoken  on  three  successive  days, 
being  the  last  days  of  the  year  1833.  Mr.  Ben- 
ton followed  him, — and  seeing  the  advantage 
which  was  presented  in  the  character  of  the 
resolve,  and  that  of  the  speech  in  support  of  it,  all 
bearing  the  impress  of  a  criminal  proceeding,  with- 
out other  result  than  to  procure  a  sentence  of  con- 
demnation against  the  President  for  violating  the 
laws  and  the  constitution,  endangering  the  pub- 
lic liberty  and  establishing  a  tyranny, — he  took 
up  the  proceeding  in  that  sense ;  and  immedi- 
ately turned  all  the  charges  against  the  resolu- 
tion itself  and  its  mover,  as  a  usurpation  of  the 
rights  of  the  House  of  Representatives  in 
originating  an  impeachment,  and  a  violation  of 
law  and  constitution  in  trying  it  ex  parte  ;  and 
said : 

"  The  first  of  these  resolutions  contained  im- 
peachable matter,  and  was  in  fact,  though  not 
in  form,  a  direct  impeachment  of  the  President 
of  the  United  States.  He  recited  the  constitu- 
tional provision,  that  the  President  miglit  be 
impeached — 1st,  for  treason;  2d,  for  bribery; 
3d,  for  high  crimes ;  4th,  for  misdemeanors ; 
and  said  that  the  first  resolution  chai-ged  both 
a  high  crime  and  a  misdemeanor  upon  the  Presi 
dent ;  a  high  crime,  in  violating  the  laws  and 
constitution,  to  obtain  a  power  over  the  public 
treasure,  to  the  danger  of  the  liberties  of  the 
people;  and  a  misdemeanor,  in  dismissing  the 
late  Secretary  of  the  Treasury  from  ofiice.  Mr. 
B.  said  that  the  terms  of  the  resolution  wore 
sufficiently  explicit  to  define  a  high  crime,  with- 
in the  meaning  of  the  constitution,  without  hav- 
ing recourse  to  the  arguments  and  declarations 
used  by  the  mover  in  illustration  of  his  mean- 
ing ;  but,  if  any  doubt  remained  on  that  head, 
it  would  be  removed  by  the  whole  tenor  of  the 
argument,  and  especially  that  part  of  it  which 
compared  the  President's  conduct  to  that  of 
Caesar,  in  seizing  the  public  treasure,  to  aid  him 
in  putting  an  end  to  the  liberties  of  his  country ; 
and  every  senator,  in  voting  upon  it,  would  vote 
as  directly  upon  the  guilt  or  innocence  of  tiie 
President,  as  if  he  was  responding  to  the  ques- 
tion of  guilty  or  not  guilty,  in  the  concluding 
sentence  of  a  formal  impeachment. 

"We  aro,  then,  said  Mr.  B.,  trying  an  im- 
peachment !  But  how  1  The  constitution  gives 
to  the  House  of  Representatives  the  sole  power 
to  originate  impeachments  ;  yet  we  originate 
this  impeachment  ourselves.  The  constitution 
gives  the  accused  a  right  to  be  present ;  but  he 


. /# 


ANNO  1884.    ANDREW  JACKSON,  PRESIDENT. 


407 


:  C. 

'LY  TO  ME.  CLAT— 

ee  successive  days, 
T  1833.  Mr.  Ben- 
ing  the  advantage 
5  character  of  the 
1  in  support  of  it,  all 
lal  proceeding,  with- 
re  a  sentence  of  con- 
lent  for  violating  the 
idangering  the  pub- 
X  tyranny, — he  took 
iense ;  and  immedi- 
against  the  resolu- 
a  usurpation  of  the 
Representatives  in 
t  and  a  violation  of 
ing  it  ex  parte ;  and 

lutions  contained  im- 
s  in  fiict.  though  not 
lent  of  the  President 
>  recited  the  constitu- 
Prcsident  might  be 
m;  2d,  for  briberj-; 
1,  for  niisdi-'meanors ; 
lolution  chai-ged  both 
canor  upon  the  Presi 
:>lating  the  laws  !\nd 
)wer  over  the  public 
•  the  liberties  cf  the 
or,  in  dismissing  tlie 
iury  from  office.    Mr. 
the  resolution  wore 
ne  a  high  crime,  with- 
titution,  without  hav- 
lents  and  declarations 
stration  of  his  mean- 
maintid  on  that  head, 
le  whole  tenor  of  the 
that  part  of  it  which 
5  conduct  to  that  of 
ic  treasure,  to  aid  bun 
bcrties  of  his  country ; 
ng  upon  it,  would  vote 
t  or  innocence  of  the 
esponding  to  the  qucs- 
ilty,  in  the  concluding 
achment. 

•Ir.  B.,  trying  an  im- 
The  constitution  gives 
itatives  the  sole  power 
ts  ;  vet  we  originiite 
ves.  'The  constitution 
to  be  present ;  but  he 


is  not  here.  It  requires  the  Senate  to  be  sworn 
as  judges ;  but  we  arc  not  so  sworn.  It  re- 
quires the  Chief  Justice  of  the  United  States  to 
preside  when  the  President  is  tried ;  but  the 
Chief  Justice  is  not  presiding.  It  gives  the 
House  of  Representatives  a  right  to  be  present, 
and  to  manage  the  prosecution ;  but  neither  the 
House  nor  its  managers  are  here.  It  requires 
tlie  forms  of  criminal  justice  to  be  strictly  ob- 
served ;  yet  all  these  forms  arc  neglected  an^ 
violated.  It  is  a  proceeding  in  which  the  First 
Magistrate  of  the  republic  is  to  be  tried  without 
being  heard,  and  in  which  his  accusers  are  to 
act  as  his  judges ! 

"  Mr.  B.  called  upon  the  Senate  to  consider 
well  what  they  did  before  they  proceeded  fur- 
ther in  the  consideration  of  this  resolution.  He 
^alled  upon  them  to  consider  what  was  due  to 
the  House  of  Representatives,  whose  privilege 
was  invaded,  and  who  had  a  right  to  send  a 
message  to  the  Senate,  complaining  of  the  pro- 
ceeding, and  demanding  its  abandonment.  He 
conjured  them  to  consider  what  was  due  to  the 
President,  who  was  thus  to  be  tried  in  his  ab- 
sence for  a  most  enormous  crime ;  what  was 
due  to  the  Senate  itself,  in  thus  combining  the 
incompatible  characters  of  accusers  and  judges, 
and  which  would  itself  bo  judged  by  Europe 
and  America.  He  dwelt  particularly  on  the 
figure  which  the  Senate  would  make  in  going 
on  with  the  consideration  of  this  resolution.  It 
accused  the  President  of  violating  the  constitu- 
tion; and  itself  committed  twenty  violations  of 
the  same  constitution  in  making  the  accusa- 
tion !  It  accused  him  of  violating  a  single  law, 
and  itself  violated  all  the  laws  of  criminal  jus- 
tice in  prosecuting  him  for  it.  It  charged  him 
with  designs  dangerous  to  the  liberties  of  the 
citizens,  and  immediately  trampled  upon  the 
rights  of  all  citizens,  in  the  person  of  their 
Chief  Magistrate. 

''Mr.  B.  descanted  upon  the  extraordinary 
organization  of  the  Senate,  and  drew  an  argu- 
ment from  it  in  favor  of  the  reserve  and  deco- 
rum of  their  proceedings.  The  Senate  were 
lawgivers,  and  ought  to  respect  the  laws  already 
made ;  they  were  the  constitutional  advisers  of 
the  President,  and  should  observe,  as  nearly  as 
possible,  the  civil  relations  which  the  office  of 
adviser  presumes  ;  they  might  be  his  judges,  and 
should  be  the  last  in  the  world  to  stir  up  an  ac- 
cusation against  him,  to  prejudge  his  gnilt,  or  to 
attack  his  character  with  defamatory  language. 
Decorum,  the  becoming  ornament  of  every  fimc- 
tionary,  should  be  the  distinguishing  trait  of  an 
American  senator,  who  Ci/mbines,  in  his  own 
office,  the  united  dignities  of  the  executive,  the 
legislative,  and  the  judicial  character.  In  his 
judicial  capacity  especially,  he  should  sacrifice 
to  decorum  and  propriety ;  and  shun,  as  he 
would  the  contagious  touch  of  sin  and  pesti- 
lence, the  slightest  approach  to  the  character  of 
prosecutor.  He  referred  to  British  parliamen- 
tary law  to  show  that  the  Lords  could  not  join 
in  an  accusation,  because  they  were  to  try  it ; 


but  here  the  Senate  was  sole  accuser,  and  had 
nothing  from  the  House  of  Representatives  to 
join  ;  but  made  the  accusation  out  and  out,  and 
tried  it  themselves.  He  said  the  accusation 
was  a  double  one — for  a  high  crime  and  a  mis- 
demeanor— and  the  latter  a  more  flagrant  pro- 
ceeding than  the  former ;  for  it  assumed  to 
know  for  what  cause  the  President  had  dis- 
missed his  late  Secretary,  and  undertook  to  try 
the  President  for  a  thing  which  was  not  triable 
or  impeachable. 

"  From  the  foundation  of  the  government,  it 
had  been  settled  that  the  President's  right  to 
dismiss  his  secretaries  resulted  from  his  consti- 
tutional obligation  to  see  that  the  laws  were 
faithfully  executed.  Many  Presidents  had  disr 
missed  secretaries,  and  this  was  the  first  time 
that  the  Senate  had  ever  undertaken  to  found 
an  impeachment  upon  it,  or  had  assumed  to 
know  the  reasons  for  which  it  was  done. 

"Mr.  B.  said  that  two  other  impeachments 
seemed  to  be  going  on,  at  the  same  time,  against 
two  other  officers,  the  Secretary  of  the  Treasury 
and  the  Treasurer ;  so  that  the  Senate  was  brim- 
ful of  criminal  business.  The  Treasurer  and 
the  Secretary  of  the  Treasury  were  both  civil 
officers,  and  were  both  liable  to  impeachment 
for  misdemeanors  in  office ;  and  great  misdemea- 
nors were  charged  upon  them.  They  were,  in 
fact,  upon  trial,  without  the  formality  of  a  reso- 
lution ;  and,  if  hereafter  impeached  by  the  House 
of  Representatives,  the  Senate,  if  they  believed 
what  they  heard,  would  be  ready  to  pronounce 
judgment  and  remove  them  from  office,  without 
delay  or  further  examination. 

"Mr.  B.  then  addressed  himself  to  the  Vice- 
President  (Mr.  Van  Buren),  upon  the  novelty 
of  the  scene  which  was  going  on  before  him,  and 
the  great  change  which  had  taken  place  since 
he  had  served  in  the  Senate.  He  commended 
the  peculiar  delicacy  and  decorum  of  the  Vice- 
President  himself,  who,  in  six  years'  service,  in 
high  party  times,  and  in  a  decided  opposition, 
never  uttered  a  word,  either  in  open  or  secret 
session,  which  could  have  wounded  the  feelings 
of  a  political  adversary,  if  he  had  been  present 
and  heard  it  lie  extolled  the  decorum  of  the 
opposition  to  President  Adams'  administration. 
If  there  was  one  brilliant  exception,  the  error  v^as 
redeemed  by  classic  wit,  and  the  heroic  readiness 
with  which  a  noble  heart  bared  its  bosom  to  the 
bullets  of  those  who  felt  aggrieved.  Still  ad- 
dressing himself  to  the  Vice-President.  Mr.  B. 
said  that  if  he  should  receive  some  hits  in  the 
place  where  he  sat,  without  the  right  to  reply, 
he  must  find  consolation  in  the  case  of  his  most 
illustrious  predecessor,  the  great  apostle  of  Ame- 
rican liberty  (Mr.  Jeflerson),  who  often  told  his 
friends  of  the  manner  in  which  he  had  been  cut 
at  when  presiding  over  the  Senate,  and  person- 
ally annoyed  by  the  inferior — no,  young  and 
inconsiderate — members  of  the  federal  party. 

"  Mr.  B.  returned  to  the  point  in  debate.  The 
President,  he  repeated,  was  on  trial  for  a  high 
crime,  in  seizing  the  public  treasure  in  violation 


408 


TIIIRIT  YEARS'  VIEAV. 


Jl 


f 


of  the  laws  and  the  constitution.  Was  the 
charpe  tnie  ?  Docs  the  act  which  he  has  done 
deserve  the  definition  which  has  been  put  upon 
it  ?  He  had  made  up  his  own  mind  that  the 
public  deposits  ought  to  be  removed  from  the 
Hank  of  the  United  vStates.  lie  communicated 
that  opinion  to  the  Secretary  of  the  Trcasuiy ; 
the  Secretary  refused  to  remove  them ;  the  Pre- 
sident removed  him,  and  appointed  a  Sccretar}- 
who  gave  the  order  which  he  thought  the  occa- 
sion required.  All  this  he  did  in  virtue  of  his 
constitutional  obligation  to  see  the  laws  faith- 
fiillj''  executed ;  and  in  obedience  to  the  same 
sense  of  duty  which  would  lead  him  to  dismiss 
a  Secretary  of  War,  or  of  the  Navy,  who  would 
refuse  to  give  an  order  for  troops  to  march,  or  a 
fleet  to  sail.  True,  it  is  made  the  duty  of  the 
Secretary  of  the  Treasury  to  direct  the  removal 
of  the  deposits ;  but  the  constitution  makes  it 
the  duty  of  the  President  to  see  that  the  Secre- 
tary performs  his  duty  ;  and  the  constitution  is 
as  much  above  law  as  the  President  is  above  the 
Secretary. 

"  The  President  is  on  trial  for  a  misdemeanor 
— for  dismissing  his  Secretary  without  sufficient 
cause.  To  this  accusation  there  are  ready  an- 
swers :  first,  that  the  President  may  dismiss  his 
Secretaries  without  cause;  secondly,  that  the 
Senate  has  no  cognizance  of  the  case ;  thirdly, 
that  the  Senate  cannot  assume  to  know  for 
what  cause  the  Secretary  in  question  was  dis- 
mi.'iscd. 

"  The  Secretary  of  the  Treasury  is  on  trial. 
In  order  to  get  at  the  President,  it  was  found  ne- 
cessary to  get  at  a  gentleman  who  had  no  voice 
on  this  fioor.  It  had  been  found  necessary  to 
assail  the  Secretary  of  the  Treasury  in  a  man- 
ner heretof(jre  unexampled  in  the  history  of  the 
Senate.  His  religion,  his  politics,  his  veiacity, 
his  understanding,  his  Missouri  restriction  vote, 
liad  all  been  arraigned.  Mr.  B.  said  he  would 
leave  his  religion  to  the  constitution  of  the 
United  States,  Catholic  as  he  was,  and  although 
'the  Presbjterian  might  cut  off  his  head  the 
first  time  he  went  to  mass ; '  for  he  could  see 
no  other  point  to  the  anecdote  of  Cromwell  and 
the  capitulating  Catholics,  to  whom  he  granted 
the  free  exercise  of  their  religion,  only  he  wouhi 
cut  off  their  heads  if  they  went  to  mass.  His 
understanding  he  would  leave  to  himself.  The 
head  which  could  throw  the  paper  which  was 
taken  for  a  stone  on  this  floor,  but  which  was. 
in  fact,  a  double-headed  chain-shot  fired  from  a 
forty-eight  pounder,  carrying  sails,  masts,  rig- 
ging, all  before  it,  was  a  head  that  could  take 
care  of  itself.  His  veracity  would  be  adjourned 
to  the  trial  which  Avas  to  take  place  for  mis- 
quoting a  letter  of  Secretary  Crawford,  and  he 
had  no  doubt  would  end  as  the  charge  did  for 
suppressing  a  letter  which  was  printed  in  e.v- 
".'  'SO  among  our  documents,  and  withholding 
the  name  and  compensation  of  an  agent ;  when 
that  name  and  the  fact  of  no  compensation  was 
lying  on  the  table.  The  Secretary  of  the  Trea- 
sury was  arraigned  for  some  incidental  vote  on 


the  Missouri  restriction,  when  he  was  a  member 
of  the  Maryland  legislature.  Mr.  B.  did  not 
know  what  that  vote  was  ;  but  he  did  know  that 
a  curtain  gentleman,  who  lately  stood  in  the  re- 
lation of  nerfseant  to  another  gentleman,  in  a 
certain  high  election,  was  the  leader  of  the  forces 
which  defoiced  Missouri  of  her  place  in  the 
Union  for  the  entire  session  which  he  first  at- 
tended (not  served)  in  the  Congress  of  the 
United  States.  His  politics  could  not  be  severe- 
ly tried  in  the  time  of  the  alien  and  sedition 
law,  when  he  was  scarce  of  age ;  but  were  well 
tried  during  the  late  war,  when  he  sided  with 
his  counvr}',  and  received  the  constant  denuncia- 
tions of  that  great  organ  of  federalism,  the  Fede- 
ral Kepublican  newspaper.  For  the  rest,  Mr. 
B.  admitted  that  the  Secretary  had  voted  for 
the  elder  Adams  to  be  President  of  the  United 
States,  but  denied  the  right  of  certain  persons 
to  make  that  an  objection  to  him.  Mr.  B.  dis- 
missed th^jse  personal  charges,  for  the  present 
and  would  adjourn  their  consideration  until  his 
(Mr.  Taney's)  trial  came  on,  for  which  the  sen- 
ator from  Kentucky  (Mr.  Claj'),  stood  pledged; 
and  after  the  trial  was  over,  he  had  no  doubt 
but  that  the  Secretary  of  the  Treasury,  although 
a  Catholic  and  a  federalist,  would  be  found  to 
maintain  his  station  in  the  first  rank  of  Ameri- 
can gentlemen  and  American  patriots. 

"  Mr.  B.  took  up  the  serious  charges  against 
the  Secretary ;  that  of  being  the  mere  instru- 
ment of  the  President  in  removing  the  deposits, 
and  violating  the  constitution  and  laws  of  thu 
land.  How  far  he  was  this  mere  instrument, 
making  up  his  mind,  in  three  days,  to  do  what 
others  would  not  do  at  all,  might  be  judged  by 
ever}'  person  who  would  refer  to  the  opposition 
papers  for  the  division  in  the  cabinet  about  the 
removal  of  the  deposits ;  and  which  constantly 
cla.ssi'd  Mr.  Taney,  then  the  Attorney  General, 
on  the  side  of  removal.  This  classification  was 
correct,  and  notorious,  and  ought  to  exempt  an 
honorable  man,  if  .any  thing  could  exempt  him, 
from  the  imputation  of  being  a  mere  instrument 
in  a  great  transaction  of  which  he  was  a  prime 
counsellor.  The  fact  is,  he  had  long  since,  in  his 
character  of  legal  adviser  to  the  President,  ad- 
vised the  removal  of  these  deposits ;  and  when 
suddenly  and  unexpectedly  called  upon  to  take 
the  oilice  which  would  make  it  his  duty  to  act 
upon  his  own  advice,  he  accepted  it  from  the 
single  sense  of  honor  and  duty ;  and  that  he 
might  not  seem  to  desert  the  President  in  flinch- 
ing from  the  performance  of  what  he  had  ro- 
connnended.  llis  personal  honor  was  clean ;  his 
])ersonal  conduct  magnanimous ;  his  official  deeds 
woidd  abide  the  test  of  law  and  truth. 

'•  Mr.  li.  said  he  would  make  short  work  of 
long  accusations,  and  demolish,  in  three  minutes, 
what  had  been  ^oncocting  for  three  months,  and 
delivering  for  three  days  in  the  Senate.  lie 
would  call  the  attention  of  the  Senate  to  certain 
clauses  of  law,  and  certain  trea-sury  instructions 
which  had  been  left  out  of  view,  but  which 
were  decisive  of  the  accusation  against  the  Su- 


m. 


ANNO  1834.    ANDREW  JACKSON,  PRESIDENT. 


409 


en  he  wns  a  member 
•c.     Mr.  B.  did  not 
)ut  he  did  know  that 
tely  stood  in  the  ro- 
her  pentleman.  in  a 
le  leader  of  the  forces 
of  her  place  in  tlio 
n  which  he  first  at- 
,he  Congress  of  the 
1  could  not  be  severe- 
lie  alien  and  sedition 
f  age ;  but  were  well 
when  he  sided  with 
he  constant  denuncia- 
r  federalism,  the  Fede- 
:.    For  the  rest,  Mr. 
Tctary  had  voted  for 
esident  of  the  United 
ht  of  certain  persons 
to  him.    Mr.  B.  dis- 
arges,  for  the  present, 
jonsideration  until  hia 
on,  for  which  the  sen- 
Clay),  stood  pledged; 
,ver,  he  had  no  doubt 
the  Treasury,  although 
St,  would  be  found  to 
le  first  rank  of  Ameri- 
ican  patriots, 
serious  charges  against 
jeing  the  mere  instru- 
removing  the  deposits, 
ution  and  laws  of  thu 
this  mere  instrument, 
three  days,  to  do  what 
11,  might  be  judged  by 
refer  to  the  opposition 
I  the  cabinet  about  the 
;  and  which  constantly 
the  Attorney  Genenil. 
This  classification  was 
nd  ought  to  exempt  an 
ling  could  exempt  him. 
leing  a  mere  instrument 
which  he  was  a  prime 
le  had  long  since,  in  his 
T  to  the  President,  ad- 
esc  deposits ;  and  when 
dly  called  upon  to  take 
nake  it  liis  duty  to  act 
,e  accepted  it  from  the 
md  duty,  and  that  he 
t  the  President  in  iUnch- 
nce  of  what  ho  had  re- 
nal honor  was  clean ;  his 
limous;  his  official  deeds 
law  and  truth, 
ild  make  short  work  of 
molish,  in  three  minutes 
ng  for  three  months,  and 
,y8  in  the  Senate.     He 
of  the  Senate  to  certain 
ain  treasury  instructions 
)ut  of  view,  but  which 
jcusatiou  against  the  bo- 


cretary.  The  first  was  the  clause  in  the  bank 
charter,  which  invested  the  Secretary  with  the 
power  of  transferring  the  public  funds  from  place 
to  place.  It  was  the  15th  section  of  the  char- 
ter :  he  would  read  it.  It  enacted  that  when- 
ever required  by  the  Secretary  of  the  Treasury, 
the  bank  should  give  the  necessary  facilities  for 
transferring  the  public  funds  from  plac'j  to  place, 
within  the  United  States,  or  territories  thereof; 
and  for  distributing  the  same  in  payment  of  the 
public  creditors,  &c. 

"  Here  is  authority  to  the  Secretary  to  trans- 
fer the  public  moneys  from  place  to  place,  limit- 
ed only  by  the  bounds  of  the  United  States  and 
its  territories  j  and  this  clause  of  three  lines  of 
law  puts  to  flight  all  the  nonsense  about  the 
United  States  Bank  being  the  treasury,  and  the 
Treasurer  being  the  keeper  of  the  public  moneys, 
with  which  some  politicians  and  newspaper  wri- 
ters have  been  worrying  their  brains  for  the  last 
tliree  months.  In  virtue  of  this  clause,  the  Se- 
cretary of  the  Treasury  gave  certain  transfer 
drafts  to  the  amount  of  two  millions  and  a  quar- 
ter ;  and  his  legal  right  to  give  the  draft  was 
just  as  clear,  under  this  clause  of  the  bank  char- 
ter, as  his  right  to  remove  the  deposits  was  un- 
der another  clause  of  it.  The  transfer  is  made 
by  draft ;  a  payment  out  of  the  treasury  is  made 
upon  a  warrant ;  and  the  difference  between  a 
transfer  draft  and  a  treasury  warrant  was  a  thing 
necessary  to  be  known  by  every  man  who  aspired 
to  the  office  of  illuminating  a  nation,  or  of  con- 
ducting a  criminal  prosecution,  or  even  of  under- 
standing what  he  is  talking  about.  They  have 
no  relation  to  each  other.  The  warrant  takes 
the  money  out  of  the  treasury :  the  draft  trans- 
fers it  from  point  to  point,  for  the  purpose  of 
making  payment:  and  all  this  attack  upon  the 
Secretary  of  the  Treasury  is  simply  upon  the 
blunder  of  mistaking  the  draft  for  the  warrant. 

"  The  senator  from  Kentucky  calls  upon  the 
people  to  rise,  and  drive  the  Goths  from  the 
capitol.  Who  are  those  Goths  1  They  are 
General  Jackson  and  the  democratic  party, — 
he  just  elected  President  over  the  senator  him- 
self, and  the  party  just  been  made  the  majority 
in  the  House — all  by  the  vote  of  the  people.  It 
is  their  act  that  has  put  these  Goths  in  posses- 
sion of  the  capitol  to  the  discomfiture  of  the 
senator  and  his  friends ;  and  he  ought  to  be 
quite  sure  that  he  felt  no  resentment  at  an  event 
so  disastrous  to  his  hopes,  when  he  has  indulged 
himself  with  so  much  license  in  vituperating 
those  whom  the  country  has  put  over  him. 

"  The  senator  from  Kentucky  says  the  eyes 
and  the  hopes  of  the  country  are  now  turned 
uptn  Congress.  Yes,  Congress  is  his  word, 
and  I  hold  him  to  it.  And  what  do  they  see  ? 
They  see  one  House  of  Congress — the  one  to 
which  the  constitution  gives  the  care  of  the 
piirse,  and  the  origination  of  impeachments,  and 
which  is  fresh  from  the  popular  elections  :  they 
see  that  body  with  a  majority  of  above  fifty  in 
favor  of  the  President  and  the  Secretary  of  the 
Treasury,  and  approving  the  act  which  the  sen- 


ator condemns.  They  see  that  popular  appro- 
bation in  looking  at  one  branch  of  Congress,  and 
the  one  charged  by  the  constitution  with  the 
inquisition  into  federal  grievances.  In  the  other 
branch  they  sec  a  body  far  removed  from  the 
people,  neglecting  its  proper  duties,  seizing  upon 
those  of  another  branch,  converting  itself  into  a 
grand  inqtiest,  and  trying  offences  which  itself 
prefers ;  and  in  a  spirit  which  bespeaks  a  zeal 
quickened  by  the  sting  of  personal  mortifica- 
tion. He  says  the  country  feels  itself  deceived 
and  betrayed — insulted  and  wronged — its  liber- 
ties endangered — and  the  treasury  robbed :  the 
representatives  of  the  people  in  the  other  House, 
say  the  reverse  of  all  this — that  the  President 
has  saved  the  country  from  the  corrupt  domin- 
ion of  a  great  corrupting  bank,  by  taking  away 
from  her  the  public  money  which  she  was  using 
in  bribing  the  press,  subsidizing  members,  pur- 
chasing the  venal,  and  installing  herself  in  su- 
preme political  power. 

"  The  senator  wishes  to  know  what  we  are  to 
do  ?  What  is  our  duty  to  do  ?  I  answer,  to 
keep  ourselves  within  our  constitutional  duties 
— to  leave  this  impeachment  to  the  House  of 
Representatives — leave  it  to  the  House  to  which 
it  belongs,  and  to  those  who  have  no  private 
griefs  to  avenge — and  to  judges,  each  of  whom 
should  retire  from  the  bench,  if  he  happened  to 
feel  in  his  heart  the  spirit  of  a  prosecutor  in- 
stead of  a  judge.  The  Senate  now  tries  Gene- 
ral Jackson  ;  it  is  subject  to  trial  itself — to  be 
tried  by  the  people,  and  to  have  its  sentence 
reversed." 

The  corner-stone  of  Mr.  Clay's  whole  argu- 
ment was,  that  the  Bank  of  the  United  States 
was  the  treasury  of  the  United  States.  This 
was  his  fundamental  position,  and  utterly  un- 
founded, and  shown  to  be  so  by  the  fourteenth 
article  of  what  was  called  the  constitution  of 
the  bank.  It  was  the  article  which  provided 
for  the  establishment  of  branches  of  the  mother 
institution,  and  all  of  which  except  the  branch 
at  Washington  city,  were  to  be  emplo)'ed,  or 
not  employed,  as  the  directors  pleased,  as  de- 
positoiies  of  the  public  money  ;  and  conse- 
quently were  not  made  so  by  any  law  of  Con- 
gress.   The  article  said : 

"  The  directors  of  said  corporation  shall  es- 
tablish a  competent  office  of  discount  and  de- 
posit in  the  District  of  Columbia,  whenever  any 
law  of  the  United  States  shall  require  such  an 
establishment ;  also  one  such  office  of  discount 
and  deposit  in  any  State  in  which  two  thousand 
shares  shall  have  been  subsci  ibcd,  or  may  be 
held,  whenever,  upon  application  of  the  legisla- 
ture of  L.ucli  StiUe,  Congress  may,  by  law,  re- 
j  quire  the  same :  Provided,  The  directors  aiore- 
I  said  shall  not  be  bound  to  establish  such  office 
1  before  vhe  whole  of  the  capital  of  the  bank  shall 


I'l,- 


•\'S 


410 


THIRTT  YEARS'  VIEW. 


have  been  paid  \ip.  And  it  shall  bo  lawful  for 
the  directors  of  the  said  corporation  to  establish 
ofBces  of  discount  and  deposit  wheresoever  they 
Bhall  think  fit,  within  the  United  States  or  the 
territories  thereof,  to  such  pcuons,  and  under 
such  regulations,  as  they  shall  deem  proper,  not 
being  contrary  to  law,  or  the  constitution  of  the 
bank.  Or,  instead  of  establishing  such  offices, 
it  shall  be  lawful  for  the  directors  of  the  said 
corporation,  from  time  to  time,  to  employ  any 
other  bank  or  banks,  to  be  first  approved  by  the 
Secretary  of  the  Treasury,  at  any  place  or  places 
that  they  may  deem  safe  and  proper,  to  manage 
and  transact  the  business  propcfsed  as  aforesaid, 
other  than  for  the  purposes  of  discount,  to  be 
managed  and  transacted  by  such  officers,  under 
such  agreements,  and  subject  to  such  regula- 
tions, as  they  shall  deem  just  and  proper. 

"  Mr.  B.  went  on  to  remark  upon  this  article, 
that  it  placc<I  the  establishment  of  but  one  branch 
in  the  reach  or  power  of  Congress,  and  that  one 
was  in  the  District  of  Columbia — in  a  district  of 
ten  miles  square — leaving  the  vast  extent  of 
twenty-four  States,  and  three  Territories,  to  ob- 
tain branches  for  themselves  upon  contingencies 
not  dependent  upon  the  will  or  power  of  Con- 
gress ;  or  requiring  her  necessities,  or  even  her 
convenience,  to  be  taken  into  the  account.  A 
law  of  Congress  could  obtain  a  branch  in  this 
district;  but  with  respect  to  every  State,  the 
establishment  of  the  branch  depended,  first,  upon 
the  mere  will  and  pleasure  of  the  bank  ;  and, 
secondly,  upon  the  double  contingency  of  a  sub- 
scription, and  a  legislative  act,  within  the  State. 
If  then,  the  mother  bank  does  not  think  fit,  for 
its  own  advantage,  to  establish  a  branch ;  or,  if 
the  people  of  a  State  do  not  acquire  2,000  shares 
of  the  stock  of  the  bank,  and  the  legislature, 
therefore,  demand  it,  no  branch  will  be  estab- 
lished in  any  State,  or  any  Territory  of  the 
Union.  Congress  can  only  require  a  branch,  in 
any  State,  after  two  contingencies  have  happened 
in  the  State;  neither  of  them  having  the  slight- 
est reference  to  the  necessities,  or  even  conve- 
nience, of  the  federal  government. 

"  Here,  then,  said  Mr.  B.,  is  the  Treasury 
established  for  the  United  States !  A  Treasury 
which  is  to  have  an  existence  but  at  the  will  of 
the  bank,  or  the  will  of  a  State  legislature,  and 
a  few  of  its  citizens,  enough  to  own  2,000  shares 
of  stock  worth  $100  a  share !  A  Treasury 
which  Congress  has  no  hand  in  establishing,  and 
cannot  preserve  after  it  is  established  ;  for  the 
mother  bank,  after  establishing  her  branches, 
may  shut  them  up,  or  withdraw  them.  Such  a 
thing  has  already  happened.  Branches  in  the 
West  have  been,  some  shut  up,  some  withdrawn ; 
and,  in  these  cases,  the  Treasury  Avas  broken  up, 
accordmg  to  the  new-fangled  conception  of  a  na- 
tional Treasury.  No  !  said  Mr.  B.,  the  Federal 
bank  is  no  more  the  Treasury  of  the  United 
States  than  the  State  banks  are.  One  is  just  as 
much  the  Treasiu'y  as  the  other;  and  made  so 
by  this  very  14th  fundamental  article  of  the 
constitution  of  the  bank.    JiOok  at  it !    Look  at 


the  alternative !  Where  branches  are  not  es- 
tablished, the  State  banks  are  to  be  employed ! 
"  The  Bank  of  the  United  States  is  to  select 
the  State  bank  ;  the  Secretary  of  the  Treasury 
is  to  approve  the  selection ;  and  if  he  does  so, 
the  State  bank  so  selected,  and  so  approved, 
becomes  the  keeper  of  the  public  moneys ;  it 
becomes  the  depository  of  the  public  moneys ; 
it  transfers  them ;  it  pays  them  out ;  it  does 
every  thing  except  make  discounts  for  the  mo- 
ther biink  and  issue  notes ;  it  does  everything 
which  the  federal  government  wants  done ;  and 
that  is  nothing  but  what  a  bank  of  deposit  can 
do.  The  government  makes  no  choice  between 
State  banks  and  branch  banks.  They  are  all 
one  to  her.  They  stand  equal  in  her  eyes  ;  they 
stand  equal  in  the  charter  of  the  bank  itself;  and 
the  horror  that  has  now  broken  out  against  the 
State  banks  is  a  thing  of  recent  conception— a 
very  modern  impulsion  ;  which  is  rebuked  and 
condemned  by  the  very  authority  to  which  it 
traces  its  source.  Mr.  B.  said,  the  State  banks 
were  just  as  mtich  made  the  federal  treasury  by 
the  bank  charter,  as  the  United  States  Bank 
itself  was :  and  that  Avas  sufficient  to  annihilate 
the  argument  which  now  sets  up  the  federal 
bank  for  the  federal  treasury.  But  the  fact  was, 
that  neither  was  made  the  Treasury ;  and  it 
would  be  absurd  to  entertain  such  an  idea  for 
an  instant ;  for  the  federal  bfink  may  surrender 
her  charter,  and  cease  to  exist — it  can  do  so  at 
any  moment  it  pleases — the  State  banks  may 
expire  upon  their  limitation ;  they  may  sur- 
render ;  they  may  be  dissolved  in  many  ways, 
and  so  cease  to  exist ;  and  then  there  would  be 
no  Treasury !  What  an  idea,  that  the  existence 
of  the  Treasury  of  this  great  republic  is  to  de- 
pend, not  upon  itself,  but  upon  corporations, 
which  may  cease  to  exist,  on  any  day,  by  their 
own  will,  or  their  own  crimes." 

The  debates  on  this  subject  brought  out  the 
conclusion  that  the  treasury  of  the  United  States 
had  a  legal,  not  a  material  existence— that  the 
Treasurer  having  no  buildings,  and  keepers,  to 
hold  the  public  moneys,  resorted  (when  the 
treasury  department  was  first  established),  to 
the  collectors  of  the  revenue,  leaving  the  money 
in  their  hands  until  drawn  out  for  the  public 
service — which  was  never  long,  as  the  revenues 
were  then  barely  adequate  to  meet  the  daily 
expenses  of  the  government ;  afterwards  to  the 
first  Bank  of  the  United  States — then  to  local 
banks;  again  to  the  second  bank;  and  uow 
again  to  local  banks.  In  all  these  cases  the 
keepers  of  the  public  moneys  were  nothing  but 
keepers,  being  the  mere  agents  of  the  Secretary 
of  the  treasury  in  holding  the  moneys  which  he 
had  no  means  of  holding  himself.  From  these 
discussions  came  the  train  of  ideas  which  led  to 


ANNO  1834.    ANDREW  JACKSON,  PRESIDENT. 


411 


,nchcs  arc  not,  ea- 
)  to  be  cniploycil ! 
States  is  to  select 
•y  of  the  Treasury 
and  if  lie  docs  so, 
and  80  approved, 
public  moneys;  it 
le  public  moneys; 
tliem  out;  it  does 
jcounts  for  the  mo- 
it  does  everything 
t  wants  done ;  and 
bank  of  deposit  can 
i  no  choice  between 
inks.     They  are  all 
111  in  her  eyes  ;  they 
the  bank  itself;  and 
ken  out  against  the 
icent  conception— a 
lich  is  rebuked  and 
ithority  to  which  it 
lid.  the  State  banks 
I  federal  treasury  by 
Jnited  States  Bank 
ifflcient  to  annihilate 
sets  up  the  federal 
If.    But  the  fact  was, 
e  Treasury  ;  and  it 
ain  such  an  idea  for 
bank  may  surrender 
xist — it  can  do  so  at 
lie  State  banks  may 
lion;  they  may  sur- 
•Ived  in  many  ways, 
hen  there  would  be 
ca,  that  the  existenco 
■at  republic  is  to  de- 
t  upon  corporations, 
on  any  day,  by  their 
aes." 

ject  brought  out  the 
of  the  United  States 
existence— that  the 
ings,  and  keepers,  to 
resorted  (when  the 
first  established),  to 
le,  leaving  the  money 
out  for  the  public 
long,  as  the  revenues 
e  to  meet  the  daily 
it ;  afterwards  to  the 
tates— then  to  local 
•nd  bank ;   and  uow 
all  these  cases  the 
;ys  were  nothing  but 
ents  of  the  Secretary 
the  moneys  which  he 
limself.    From  these 
of  ideas  which  led  to 


the  establishment  of  the  independent  treasury 
— that  is  to  say,  to  the  creation  of  officers,  and 
the  erection  of  buildings,  to  hoU  tho  public 
moneys. 


C II  AFTER    CI. 

CONDEMNATION  OF  PliESIDENT  JACKSON— MR, 
CALlIOUN'a  81'EECU-EXTKACT8. 

It  was  foreseen  at  the  time  of  the  coalition  be- 
tween >Ir.  Calhoun  and  Air.  Clay,  in  which  they 
came  together — a  conjunction  of  the  two  political 
poles — on  the  subject  of  the  tariff,  and  laid  it 
away  for  a  term  to  include  two  presidential 
elections — that  the  effect  would  be  (even  if  it 
was  not  the  design),  to  bring  them  together  upon 
all  other  subjects  against  General  Jackson.  This 
expectation  was  not  disappointed.  Early  in  the 
debate  on  Mr.  Clay's  condemnatory  resolution, 
Jlr.  Calhoun  took  the  floor  in  its  support ;  and 
did  Mr.  Clay  the  honor  to  adopt  his  leading 
ideas  of  a  revolution,  and  of  a  robbery  of  the 
treasury.  He  not  only  agreed  that  we  were  in 
the  middle  of  a  revolution,  but  also  asserted,  by 
way  of  consolation  to  those  who  loved  it,  that 
revolutions  never  go  backwards — an  aphorism 
destined,  in  this  case,  to  be  deceived  by  the  event. 
In  the  pleasing  anticipation  of  this  aid  from  Mr. 
Calhoun  and  his  friends,  Mr.  Clay  had  com- 
placently intimated  the  expectation  of  this  aid 
in  his  opening  speech ;  and  in  that  intimation 
there  was  no  mistake.  Mr.  Calhoun  responded 
to  it  thus : 

"  The  Senator  from  Kentucky  [Mr.  Clay]  an- 
ticipates with  conhdence  that  the  small  party, 
who  were  denounced  at  the  last  session  as  trai- 
tors and  disunionists,  will  be  found,  on  this 
trying  occasion,  standing  in  the  front  ran  i,  and 
manfully  resisting  the  advance  of  despotic  power. 
I  (said  Mr.  C.)  heard  the  anticipation  with  plea- 
sure, not  on  account  of  the  compliment  which  it 
implied,  but  the  evidence  which  it  affords  that 
the  cloud  which  has  been  so  industriously  thrown 
over  the  character  and  motive  of  that  small  but 
patriotic  party  begins  to  be  dissipated.  The  Se- 
nator hazarded  nothing  in  the  prediction.  That 
party  is  the  determined,  the  fixed,  and  sworn 
enemy  to  usurpation,  come  from  what  quarter 
and  under  what  form  it  may — whether  from  the 
executive  upon  the  other  departments  of  this 
government,  or  from  this  government  on  the 
sovereignty  and  rights  of  the  States.  The  reso- 
lution and  fortitude  with  which  it  maintained  its 


position  at  the  last  session,  under  so  many  diffl- 
culties  and  dangers,  in  defence  of  the  States 
against  the  encroachments  of  the  general  go- 
vernment, furnished  evidence  not  to  be  mistaken, 
that  that  party,  in  the  present  momeutouB 
struggle,  would  bo  found  arrayed  in  defence  of 
the  rights  of  Congress  against  the  encroach- 
ments of  the  President.  And  let  me  tell  tho 
Senator  from  Kentucky  (said  Mr.  C.)  that,  if 
the  present  struggle  against  executive  usurpa- 
tion be  successful,  it  will  be  owing  to  the  success 
with  which  we,  the  nullifiers — I  am  not  afraid 
of  the  word — maintained  the  rights  of  the  States 
against  the  encroachment  of  the  general  govern- 
ment at  the  last  session." 

This  assurance  of  aid  was  no  sooner  given 
than  complied  with.  Mr.  Calhoun,  and  all  his 
friends  came  immediately  to  the  support  of  tho 
resolution,  and  even  exceeded  their  author  in 
their  zeal  against  the  President  and  his  Secre- 
tary. Notwithstanding  the  private  grief  which 
Mr.  Calhoun  had  against  General  Jackson  in 
the  affair  of  the  "  correspondence "  and  the 
"exposition" — the  contents  of  which  hitter 
were  well  known  though  not  published — and 
notwithstanding  every  person  was  obliged  to 
remember  that  grief  while  Mr.  Calhoun  was 
assailing  the  General,  and  alleging  patriotism 
for  the  motive,  and  therefore  expected  that  it 
should  have  imposed  a  reserve  upon  him ;  yet, 
on  the  contrary  he  was  most  personally  bitter, 
and  used  language  which  would  be  incredible, 
if  not  found,  as  it  is,  in  his  revised  reports  of 
his  speeches.  Thus,  in  enforcing  Mr.  Clay's 
idea  of  a  robbery  of  the  treasury  after  the  man- 
ner of  Julius  Caesar,  he  said : 

"  The  senator  from  Kentucky,  in  connection 
with  this  part  of  his  argument,  read  a  striking 
passage  from  one  of  the  most  pleasing  and  in- 
structive writers  in  any  language  (Plutarch], 
the  description  of  Caesar  forcing  himself,  sword 
in  hand,  into  the  treasury  of  the  Roman  common- 
wealth. We  are  at  the  same  stage  of  our  poli- 
tical revolution,  and  the  analogy  between  the 
two  cases  is  complete,  varied  only  by  the  char- 
acter of  the  actors  and  the  circumstances  of  tho 
times.  That  was  a  case  of  an  intrepid  and  bold 
warrior,  as  an  open  plunderer,  seizing  forcibly 
the  treaisury  of  the  country,  which,  in  that  re- 
public, as  well  as  ours,  was  confined  to  the  cus- 
tody of  the  legislative  department  of  the  govern- 
ment. The  actors  in  our  case  are  of  a  different 
character — artful,  cunning,  and  conupt  poli- 
ticians, and  not  fearless  warriors.  They  have 
entered  the  treasury,  not  sword  in  hand,  as  pub- 
lic plunderers,  but,  with?  the  false  keys  of  soph- 
istry, as  pilferers,  under  the  silence  of  midnight. 
The  motive  and  the  object  are  the  same,  varied 


"•  :l! 


I 


-..;fe.-'. 


412 


THIRTY  YEARS'  VIEW. 


rn 


mm 
mmt 


i 


',»%%  '  ''Im 


r.!/'> 


I '  v>'i ;« 


4  VI-':    -, 
''•'Xtji-  ,■>:> 


In  like  manner  by  circumstances  and  character. 
'With  money  I  will  ^ct  men.  and  with  men 
money,'  was  the  maxim  of  the  Roman  plunderer. 
With  money  we  will  get  partisans,  with  partisans 
Votes,  and  with  votes  money,  is  the  maxim  of  our 
public  pilferers.  With  men  and  money  Cnesar 
struck  down  Koman  liberty,  at  the  fatal  battle 
of  Pharsalia,  never  to  rise  again;  from  which  dis- 
astrous hour  all  the  powers  of  tlic  Koman  repub- 
lic were  consolidated  in  the  person  of  Ciesar,  and 
perpetuated  in  his  lino.  With  money  and  cor- 
rupt partisans  a  great  eflbrt  is  now  making  to 
choke  and  stifle  the  voice  of  American  liberty, 
through  all  its  natural  organs ;  by  corrupting 
the  press  ;  by  overawing  the  other  departments ; 
and,  finally,  by  setting  up  a  new  and  iwllutetl 
organ,  composed  of  oflBce-holders  and  corrupt 
partisans,  under  the  name  of  a  national  conven- 
tion, which,  counterfeiting  the  voice  of  the  people, 
will,  if  not  resisted,  in  their  name  dictate  the 
succession ;  when  the  deed  will  be  done,  the  re- 
volution be  completed,  and  all  the  powers  of  our 
republic,  in  like  manner,  be  consolidated  in  the 
President,  and  perpetuated  by  his  dictation." 

On  the  subject  of  the  revolution,  "bloodless 
as  yet,"  in  the  middle  of  which  we  were  engaged, 
and  which  was  not  to  go  backwards,  Mr.  Cal- 
houn said : 

"  Viewing  the  question  in  its  true  light,  as  a 
struggle  on  the  part  of  the  Executive  to  seize  on 
the  power  of  Congress,  and  to  unite  in  the  Pre- 
sident the  power  of  the  sword  and  the  purse,  the 
senator  from  Kentucky  [Mr.  Clay]  said  truly, 
ai.d,  let  me  add,  philosophically,  tliat  we  are  in 
the  midst  of  a  revolution.  Yes,  the  very  exis- 
tence of  free  governments  rests  on  the  proper 
distribution  and  organization  of  power ;  and,  to 
destroy  this  distribution,  and  thereby  concentrate 
power  in  any  one  of  the  departments,  is  to  effect 
a  revolution.  But  while  I  agree  with  the  sen- 
ator that  we  are  in  the  midst  of  a  revolution,  I 
cannot  agree  with  him  as  to  the  time  at  which 
it  commenced,  or  the  point  to  which  it  has  pro- 
gressed. Looking  to  the  distribution  of  the 
powers  of  the  general  government,  into  the  leg- 
islative, executive,  and  judicial  departments,  and 
confining  his  views  to  the  encroachment  of  the 
executive  upon  the  legislative,  he  dates  the  com- 
mencement of  the  revolution  but  sixty  days 
previous  to  the  meeting  of  the  present  Congress. 
I  (said  Mr.  C.)  take  a  wider  range,  and  date  it 
from  an  earlier  period.  Besides  the  distribution 
among  the  departments  of  the  general  govern- 
ment, there  belongs  to  our  system  another,  and 
a  far  more  important  division  or  distribution  of 
power — that  between  the  States  and  the  general 
government,  the  reserved  and  delegated  rights, 
the  maintenance  of  which  is  still  more  essential  to 
the  preservation  of  our  institutions.  Taking  this 
wide  view  of  our  political  systeia,  the  revolu- 
tion, in  the  midst  of  which  we  are,  began,  not  as 
supposed  by  the  senator  from  Kentucky,  shortly 


before  the  commenci'ment  of  the  present  session, 
but  many  years  aj;(),  with  the  commencenjentof 
the  restrictive  system,  and  terminated  its  (list 
stage  with  the  passu;ie  of  the  foive  1)111  of  the 
last  session,  which  alinorlied  all  the  rights  uiid 
sovereignty  of  the  States,  and  consoldated  tiiein 
in  this  government.  Whilst  this  process  was 
going  on,  of  absorbing  the  reserved  powers  of 
the  States,  on  the  part  of  the  general  government, 
another  commenced,  of  concentrating  in  the  ex- 
ecutive the  powers  of  the  other  two — the  legis- 
lative and  judicial  deportments  of  the  govern- 
ment ;  which  constitutes  the  second  stage  of  tiie 
revolution,  in  which  we  have  advanced  alnio.st 
to  the  termination." 

Mr.  Calhoun  brought  out  in  this  debate  the 
assertion,  in  which  he  persevered  afterwards  un- 
til it  produced  the  quarrel  in  the  Senate  between 
himself  and  Mr.  Clay,  that  it  was  entirely  owing 
to  the  military  and  nullifying  attitude  of  South 
Carolina  that  the  "  Cf)mpromise  "  act  was  passed, 
and  that  Mr.  Clay  himself  would  have  been 
prostrated  in  the  attempt  to  compromise.  Ho 
thus,  boldly  put  forward  that  pretension  : 

"To  the  interposition  of  the  State  of  .South 
Carolina  we  are  indebted  for  the  adjustment  of 
the  tariff  question ;  without  it,  all  the  influence 
of  the  senator  from  Kentucky  over  the  nimin- 
facturing  interest,  great  as  it  deservedly  is,  would 
have  been  wholly  incompetent,  if  he  had  even 
thought  proper  to  exert  it,  to  adjust  the  ques- 
tion. The  attempt  would  have  prostrated  him, 
and  those  who  acted  with  him,  and  not  the  sjs- 
tem.  It  was  the  separate  action  of  the  State 
that  gave  him  the  place  to  stand  upon,  created 
the  necessity  for  the  adjustment,  and  disposed 
the  minds  of  all  to  compromise." 

The  necessity  of  his  own  position,  and  the  in- 
dispensability  of  Mr.  Calhoun's  support,  restrain- 
ed Mr.  Clay,  and  kept  him  quiet  under  this 
cutting  taunt;  but  he  took  ample  satisfaction 
for  it  some  j-ears  later,  when  the  triumph  of 
General  Jackson  in  the  "  expunging  resolution," 
and  the  decline  of  their  own  prospects  for  the 
Presidency,  dissolved  their  coalition,  and  re- 
mitted them  tf)  their  long  previous  antagonistic 
feelings.  But  there  was  another  point  in  which 
Mr,  Calhoun  intelligibly  indicated  what  was 
fully  believed  at  the  time,  namely,  that  the  basis 
of  the  coalition  which  ostensibly  had  for  its  ob- 
ject the  reduction  of  the  tariff,  was  in  reality  a 
political  coalition  to  act  against  General  Jackson, 
and  to  the  success  of  which  it  was  essential  that 
their  own  great  bone  of  contention  was  to  be  laid 
aside,  and  kept  out  of  the  way,  while  the  coali- 
tion was  in  force.    It  was  to  enable  them  to 


*    .» 


ANNO  1834.    ANDREW  JACKSON,  PRESIDENT. 


413 


f  the|ircsciit  ncssion, 
le  coiiiiiK'iKi'iiwntof 

tenniimtiMl  its  lirst 
the  ioiVii  'till  "f  thu 
I  nil  tlu'  ri^ilUs  luul 
lul  cimsiildati'il  tlicm 
1st  this  prociss  \vu8 

lestTVt'il  powirs  of 
J  j^eiieral  utAiTiiiiient, 
icenlruting  in  the  tx- 
Qthur  twti — the  lc}:is- 
ments  «if  the  novern- 
le  second  stiifie  of  tlie 
avc  advanced  ahnost 


ut  in  this  debute  tlio 
evcred  afterwards  un- 
in  the  Senate  iietwctn 
;  it  was  entirely  owing 
ring  attitude  of  South 
jmisc  "  act  wa.s  passed, 
■icU"  would  have  been 
t  to  compromise.  IIo 
that  pretension : 

of  the  State  of  .South 
for  the  adjustment  of 
Hit  it,  all  the  intluincc 
itucky  over  the  niiinu- 
1  it  deservedly  i»,  would 
petcnt,  if  he  had  even 
it,  to  adjust  the  qucs- 
1  havj  prostrated  him, 
1  him,  and  not  the  sys- 
tc  action  of  the  State 
to  stand  upon,  created 
justment,  and  disposed 
lomise." 


» 


vn  position,  and  the  in 
oun's  support,  restrain- 
him  quiet  under  this 
x)ok  ample  satisfaction 
when  the  triumph  of 
expunging  resolution," 
own  prospects  for  the 
leir  coalition,    and  re- 
ig  previous  antagonistic 
another  point  in  which 
y   indicated   what  was 
B.  namely,  that  the  basis 
stensibly  had  for  its  ob- 
e  tariff,  was  in  reality  a 
gainst  General  Jackson, 
lich  it  was  essential  that 
contention  was  to  be  laid 
le  way,  while  the  coali- 
was  to  enable  them  to 


unite  their  fu.-cis  against  the  "encroachments 
and  corruptions  of  the  Executive"  that  the  tariff 
was  then  laid  away ;  and  although  the  removal  of 
the  dep  isits  was  not  then  foreseen,  as  tlio  first 
occasion  for  this  conjunction,  yet  there  could 
have  Ix'^n  no  failure  of  finding  occasions  enough 
for  the  same  purpose  when  the  will  was  so 
strong — as  subsequent  events  so  fully  proved. 
General  Jackson  could  do  but  little  during  the 
remainder  of  his  Presidency  which  was  not 
found  to  bo  "  unconstitutional,  illegal,  corrupt, 
usurping,  and  dangerous  to  the  liV>ertics  of  the 
people ; "  and  as  such,  subject  to  the  combined 
attack  of  Mr.  Clay  and  Mr.  Calhoun  and  their 
respective  friends.  All  this  was  as  good  as 
told,  and  with  an  air  of  self-satisfiiotion  at  the 
foresight  of  it,  in  these  paragraphs  of  Mr.  Cal- 
houn's speech: 

"Now,  I  put  the  solemn  question  to  all  who 
hear  me :  if  the  tariff  liad  not  then  been  adjust- 
pil — if  it  was  now  an  open  question — what  hope 
of  successful  resistance  against  the  usurpations 
of  the  Executive,  on  the  part  of  this  or  any 
other  branch  of  tne  government,  could  be  enter- 
tained ?  Let  it  not  be  said  that  this  is  the  re- 
sult of  accident — of  an  unforeseen  contingency. 
It  was  clearly  perceived,  and  openly  stated,  that 
110  successful  resistance  could  be  made  to  the 
corruption  and  encroachments  of  the  Executive, 
while  the  tariff  question  remained  open,  while  it 
separated  the  North  from  the  South,  and  wasted 
the  energy  of  the  honest  and  patriotic  portions 
of  the  community  against  each  other,  the  joint 
cH'ort  of  which  is  indispensably  necessary  to  ex- 
pel those  from  authority  who  are  converting 
the  entire  powers  of  government  into  a  corrupt 
electioneering  machine ;  a'ld  that,  withou*  sepa- 
rate State  interposition,  the  adjustment  was  im- 
possible. The  truth  of  this  position  rests  not 
upon  the  accidental  state  of  things,  but  on  a 
profound  principle  growing  out  of  the  nature  of 
government,  and  party  struggles  in  a  free  State. 
History  and  reflection  teach  us,  that  when  great 
interests  come  into  conflict,  and  the  passions  and 
the  prejudices  of  men  are  aroused,  suuh  strug- 
gles can  never  be  composed  by  the  influence  of 
any  individuals,  however  great ;  and  if  there  be 
not  somewhere  in  the  system  .some  high  consti- 
tutional power  to  airest  their  progress,  and  com- 
pel the  parties  to  adjust  the  diflerence,  they  go 
on  till  the  State  falls  by  corruption  or  violence. 

"  I  will  (said  Mr.  C.)  venture  to  add  to  these 
remarks  another,  in  connection  with  the  point 
under  consideration,  not  less  true.  We  are  not 
only  indebted  to  the  cause  which  I  have  stated 
for  our  present  strength  in  this  body  against 
the  present  usurpation  of  the  Executive,  but  if 
the  adjustment  of  the  tarifl'  had  stood  alone,  as 
it  ought  to  have  done,  without  the  odious  bill 
which  accompanied  it — if  those  who  led  in  the 


compromise  had  joined  the  State-rights  party 
in  their  resistance  to  that  unconstitutional  meas- 
ure, and  thrown  the  responsibility  on  its  real 
autiiors,  the  administration,  their  party  would 
have  been  so  prostrated  throughout  the  entiiv 
South,  and  their  power,  in  con.sequence,  so  re- 
duced, that  they  would  not  have  dared  to  attempt 
the  present  measure ;  or,  if  they  had,  they 
would  have  been  broken  and  defeated." 

Mr.  Calhoun  took  high  ground  of  contempt 
and  scorn  against  the  Secretary's  ivasons  for 
removing  the  deposits,  so  far  as  founde<l  in  the 
misconduct  of  the  bunk  directors — declaring 
that  he  would  not  condescend  to  notice  them — 
repulsing  them  as  intrusive — and  shutting  his 
eyes  upon  these  accusations,  although  heinous 
in  their  nature,  then  fully  proved ;  and  since 
discovered  to  be  far  more  criminal  than  then 
suspected,  and  such  as  to  subject  their  authors, 
a  few  years  afterwards,  to  indictments  in  the 
Court  of  General  Sessions,  for  the  county  of 
Philadelphia,  for  a  "conspiracy  to  cheat  and 
defraud  tlui  stockholders ;" — indictments  on 
which  they  were  saved  from  jury  trials  by  be- 
ing ^^ habeas  rorpuskl"  out  of  the  custody  of 
the  .sheriflf  of  the  county,  who  had  arrested 
them  on  bench  warrants.  Mr.  Calhoun  thus 
repulsed  all  notice  of  these  accusations : 

"  The  Secretary  has  brought  forward  many 
and  grievous  charges  against  the  bank.  I  will 
not  condescend  to  notice  them.  It  is  the  con- 
duct of  the  Secretary,  and  not  that  of  the  bank, 
which  is  immediately  under  examination ;  and 
he  has  no  right  to  drag  the  conduct  of  the  bunk 
into  the  issue,  beyond  its  operations  in  regarfl 
to  the  deposits.  To  that  extent  I  am  prepared 
to  examine  his  allegations  against  it ;  but  be- 
yond that  he  has  no  right — no,  not  the  least — 
to  arraign  the  conduct  of  the  bank ;  and  I,  for 
one,  will  not,  by  noticing  his  charges  beyond 
that  point,  sanction  his  authority  to  call  its  con- 
duct in  question.  But  let  the  point  in  issue 
be  determined,  and  I,  as  far  as  my  voice  ex- 
tends, will  give  to  those  who  desire  it  the  means 
of  the  freest  and  most  unlimited  inquiry  into  its 
conduct." 

But,  while  supporting  Mr.  Clay  generally  in 
his  movement  against  the  President,  Mr.  Cal- 
houn disagreed  with  him  in  the  essential  aver- 
ment in  his  resolve,  that  his  removal  of  Mr. 
Duane  because  he  would  not,  and  the  "ippoint- 
mcnt  of  Mr.  Taney  because  he  would,  remove 
them  was  a  usurpation  of  power.  Sir.  Calhoun 
held  it  to  be  only  an  "  abuse ;"  and  upon  that 
point  he  procured  a  modification  of  his  resolve 
&om  Mr.  Clay,  nothwithstanding  the  eamest- 


m  f 


414 


THIRTY  YKARS'  VIKW. 


ncss  (if  his  h|HT('li  on  llii'  rliiirdo  of  iiHiir])ution. 
And  ho  tluis  Ntafoil  hiH  ohjoction  : 

"  nut,  while  I  thus  Hcveri'ly  conili'inn  I'.ic  con- 
duct of  tiio  I'rcsidcnt  in  rcniovinn  tho  fonniT 
Secretary  »iid  iippointinu  the  present,  I  inuwt 
r<ny,  tlmt  in  my  opinion  it  in  ft  ciwe  of  the  nbuHc, 
nnd  not  of  tiie  nsurpiition  of  power.  I  cannot 
doultt  lliat  tlie  President  ha»,  inider  tlie  coiiHti- 
ti'tion.  tiie  rijrlit  of  removal  from  oflice;  nor  can 
I  doubt  that  the  power  of  ivn\oval,  wherever  it 
exists,  docH,  from  necessity,  involve  tlio  jiower 
of  (!^>neral  supervision  ;  nor  can  I  doultt  that  it 
niijiht  Ik.'  constitvilionally  exercised  in  reference 
to  the  deposits.     Heverse  the  present  ciise;  suj)- 

[»ose  the  late  Secretary,  instead  of  Iteiii);  apainst, 
lad  been  in  favor  of  tlie  removal ;  and  that  the 
Presiilent,  instead  of  licing  for,  had  been  ajrainst 
it,  deiiiiiii);  the  removid  not  only  iuevpedient, 
but,  under  circiimstancvs  illefrai ;  woidd  any 
man  doubt  that,  under  such  circumstances,  lie 
had  a  right  to  remove  his  Secretary,  if  it  wen' 
tlie  only  means  of  preventing  the  removal  of  the 
deposits  ?  Nay,  would  it  not  be  his  indispen- 
sable duty  to  have  removed  him  ?  and,  hail  he 
not,  would  not  he  have  been  universally  and 
justly  held  responsible?" 

In  all  the  vituperation  of  tho  Secretary,  as 
beinp  the  servile  instrument  of  the  President's 
will,  the  members  who  indulged  in  that  species 
of  attack  were  acting  against  public  and  record- 
ed testimony.  Mr.  Taney  was  complying  with 
his  own  sense  of  public  «luty  when  ho  ordered 
the  removal.  He  had  been  attorney-general 
of  the  United  States  when  tho  deposit-removal 
question  arose,  and  in  all  the  stages  of  that 
question  had  been  in  favor  of  the  removal ;  .«o 
that  his  conduct  was  tho  resuU  of  his  own  judg- 
ment and  conscience  ;  and  tho  only  interference 
of  the  President  was  to  place  him  in  a  situation 
where  ho  would  carry  out  his  convictions  of 
duty.  Mr.  Calhoun,  in  this  speech,  absolved 
liimself  from  all  connection  with  tho  bank,  or 
dependence  upon  it,  or  favors  from  it.  Though 
its  chief  author,  he  would  have  none  of  its  ac- 
commodations :  and  said  : 

"  I  am  no  partisan  of  the  bank ;  I  am  con- 
nected with  it  in  no  way.  by  moneyed  or  politi- 
cal ties.  I  might  say,  with  truth,  that  tho  bank 
owes  as  much  to  me  i  -  to  any  other  indivi(hial 
in  the  country  ;  and  I  might  even  add  that,  had 
it  not  been  for  my  ell'orts,  it  would  not  have 
been  chartered.  Standing  in  this  relation  to 
the  institution,  a  high  sense  of  delicacy,  a  regard 
to  indepondonce  and  character,  has  restrained 
me  from  any  connection  with  tho  institution 
wliatever,  except  some  trifling  accommodations, 
in  the  way  of  ordinary  business,  which  wore 


not  of  the  slightest  im|M>rtanco  either  to  tho 
bank  or  myself." 

Certftiuly  tliero  wa«  no  necessity  for  Mr.  Cal- 
houn to  make  this  disclaimer.  His  chanicter 
fyr  iK'cuniary  integrity  placed  him  abovo  tho 
suspicion  of  a  venal  motive.  His  errors  eanio 
from  ft  dillerent  source — from  the  or.e  that  (';c- 
sar  thought  excusable  when  empire  was  to  bo 
attained.  Mr.  Clay  also  took  the  opportunity 
to  disclaim  any  present  connection  wilhj  or  past 
favors  from  tho  bank  ;  and, 

"  Hogged  permission  to  tn>spass  a  few  mo- 
ments longer  on  the  Senate,  to  make  a  state- 
ment concerning  himself  personally.  He  IhkI 
heard  that  one  high  in  olllce  had  allowed  him- 
self to  assert  that  a  dishonorable  connection 
hail  subsisted  between  him  (.Mr.  C),  and  the 
Hank  of  the  United  Slates.  When  the  present 
charter  was  granted,  he  voted  Ibr  it ;  and,  hav- 
ing done  so,  he  did  not  feel  himself  at  liberty 
to  subscribe,  and  he  did  not  subscribe,  for  a  sin- 
gle share  in  tho  stock  of  the  biuik.  although  lie 
contidently  anticijiated  a  great  rise  in  the  value 
of  the  stock.  A  few  years  afterwards,  during 
the  presidency  of  Mr.  .lones,  is  was  thought,  by 
some  of  his  friends  nt  Philadelphia,  expedient  t") 
make  him  (Mr.  C),  a  diivctor  of  the  Ihmk  of 
the  United  States;  and  he  was  made  a  director 
without  any  consultatitm  with  him.  For  that 
purjioF  ■  tive  shares  were  jiuiThased  for  him,  by 
a  friend,  for  which  he  (Mr.  C),  afterwards  paid. 
When  ho  ceased  to  be  a  director,  a  short  time 
Bub.sequently,  he  disposed  of  those  shares.  Hu 
does  not  now  own,  and  has  not  for  many  years 
been  the  projirietor  of,  a  single  share. 

"When  Mr.  Clieves  was  appointed  president 
of  the  bank,  its  affairs  in  the  States  of  Kentucky 
and  Ohio  were  in  great  disorder;  and  his  (.Mr. 
C.'s).  professional  services  were  engaged  during 
several  years  for  the  bank  in  those  States.  Ho 
brought  a  vast  nnmlii'r  of  suits,  and  transacted 
a  gri'at  amount  of  professional  business  for  the 
bank.  Among  other  suits  was  that  f(»r  the  re- 
covery of  the  one  hnndre<l  Ihousaiid  dollar.*, 
seized,  under  the  authority  of  a  law  of  Ohio, 
which  ho  carried  through  tho  inferior  and  su- 
preme courts.  He  was  paid  by  the  bank  the 
n.sual  compensation  for  the.so  services,  and  no 
more.  And  he  ventured  to  assort  that  no  jiro- 
fessional  fees  were  ever  more  honestly  and  fair- 
ly earned.  Ho  had  not.  however,  been  the 
counsel  for  tho  bank  for  upwards  of  eight  years 
past.  He  does  not  owe  tho  bank,  or  any  one 
of  its  branches,  a  solitary  cent.  About  twelve 
or  iifteen  years  ago,  owing  to  the  failure  of  a 
highly  estimable  (now  docea-sed).  friend,  a  large 
amount  of  debt  had  been,  as  his  indorser,  thrown 
upon  him  (Mr.  C).  and  it  was  principally  due 
to  tho  Bank  of  the  United  States.  Ho  (xMr  C.) 
established  for  himself  a  rigid  economy,  a  sink- 
ing fund,  and  worked  hard,  and  paid  ofl  the  debt 


M' 


ANNO  1831.     ANDIIKW  .IA(;KS()N,  I'KKSIIU'.NT. 


415 


aiico  cither  to  tho 

'ccpsity  for  Mr.  Cal- 
iier.  Uirt  clmnictiT 
(T(l  liiiu  nbovo  llio 
..  lliH  frroiH  cuino 
im  the  oT-.o  tlmt  t';i>- 
n  euntire  was  to  l»c 
lok  the  oi)jiort unity 
nection  with,  or  luist 


trespiii^s  a  fi'W  mo- 
te, to  mn\n'  !i  stiite- 
)ersoiiiilly.      He  Imd 
•I'  liiid  nl lowed  iiiiii- 
ononihle   ri)ni\ectiim 
II  (Mr.  C).  nnd  tho 
.      Wlieii  tlie  iiresciit 
)led  thr  it  ;  mid.  hiiv- 
A  hiniHell'  nt  hherty 
it  siihserihe,  Tor  a  siii- 
he  himlv.  altiionuli  \w 
real  rice  in  tlie  viihio 
rs  afterwards,  (hirinir 
IS,  is  was  thoupht.  liy 
adel|»hia.  expedient  to 
•ctor  of  tlu'  Hiinlv  of 
0  was  made  a  direetor 
with  hin>.     For  that 
tmvl\ased  for  liini,  by 
•.  t'.),  afterwards  \nm\. 
direetor,  a  short  time 
of  tliose  shares.     Ilo 
is  not  for  many  years 
rmpK'  sliare. 
IS  appointed  president 
he  States  of  Kentueky 
lisonier  ;  nnd  liis  (Mr. 
^  weiv  en^aped  duriiij; 
V  in  those  States.     He 
suits,  and  transacted 
ional  business  for  the 
ts  was  that  for  tlie  re- 
ivd   thousand   dollars, 


ty  of  a  law  of  Ohio, 
li'  the  inferior  and  su- 
mid  by  tlie  bank  the 
these  services,  and  no 
to  assert  that  no  prn- 
lore  lionestly  and  fair- 
)t.  however,  been  the 
ipwarda  of  eipht  years 

the  bank,  or  any  one 
,,■  cent.  About  twelve 
ng  to  the  failure  of  a 
!cea.scd).  friend,  a  lurpc 
as  his  indur.ser,  thrown 
it  was  principally  due 
-.  States.     He  (Mr  C.) 

rigid  economy,  a  smk- 
■d,  and  paid  off  the  debt 


t-n 


1 


long  Hlnce,  without  nwirinfc  from  the  hank  the 
Hiightest  favDr.  Whilst  ntliern  aminid  him  j 
were  disehai-jiing  their  debtn  in  pro|H'rty,  nt 
liigh  valuations,  lie  periodieally  renewed  liiM 
note,  pnying  tiic  discount,  until  it  woM  wholly 
I'Xtinguisheil." 

IJiit  it  was  not  every  memlxT  who  could  thiis 
absolve  himself  from  bank  coimeetion,  favor,  or 
tK'P«'ndence.  'I'he  list  of  congressional  bor- 
rowers, or  retaiuern,  was  large — not  less  thnn 
llfty  of  the  former  at  a  time,  and  a  score  of  the 
latter ;  nnd  even  after  the  failure  of  the  biuik 
and  the  assignment  of  its  elleels,  nnd  after  nil 
iMissihle  li(piidations  hnd  been  ellected  by  tak- 
ing property  nt  'high  vnlunlion,"  allowing 
largely  for  "professional  services,"  nnd  liberal 
resorts  to  tho '•  profit  and  loss"  nceonnt,  there 
reniiiined  many  to  be  sued  by  tho  nssignces  to 
whom  their  notes  were  passed ;  nnd  some  of 
mich  early  dute  ns  to  be  met  by  a  plea  of  the 
statute  of  limitations  in  bar  of  the  stale  de- 
niaiid.  Mr.  Calhoun  conchuled  with  n  "  lift  to 
the  panic"  in  a  reference  to  the  ''fearful  crisis" 
in  which  we  were  involved — the  dangers  ahead 
to  the  liberties  of  the  country— the  perils  of  our 
institutions — and  a  hint  at  his  pennnnei  i  reme- 
dy—his panacea  for  nil  the  diseases  of  the  body 
politic — dissolution  of  tho  Union.  Ho  ended 
thus : 

"  Wc  have  (said  Mr.  C),  arrived  nt  a  fearful 
crisis ;  thing.s  cannot  long  remain  as  they  are. 
It  behooves  nil  who  love  their  country,  who 
have  atl'ection  for  their  offspring,  or  who  have 
any  stake  in  our  institutions,  to  pause  nnd  re- 
fk'ct;  Conlldencc  is  dnily  withdrawing  from 
the  general  government.  Alienation  is  hourly 
going  on.  These  will  neces.sarily  create  a  state 
of  tilings  inimical  to  the  existence  of  onr  insti- 
tutions, and,  if  not  speedily  arrested,  convul- 
sions nnist  follow,  and  then  comes  dissolution 
or  despotism  ;  when  a  thick  cloud  will  be 
thrown  over  the  cause  of  liberty  and  the  future 
prospects  of  our  country." 


CHAPTER    CII. 

rUBLlO   DISTUES9. 

From  the  moment  of  the  removal  of  the  depos- 
its, it  was  seen  that  the  plan  of  the  Bank  of  tho 
United  States  was  to  force  their  return,  and 
with  it  a  renewal  of  its  charter,  by  opcratmg  on 


the  business  of  the  country  nnd  the  alarms  of 
the  people.  For  this  purpose,  loans  and  m*eoni- 
modatiouN  were  to  cease  at  the  mother  bank 
and  all  its  branches,  nnd  in  all  the  local  hankH 
over  which  tho  national  bank  had  control;  and 
at  the  same  time  that  diHcounlH  were  Htopped, 
curlailmeutH  were  made;  and  nil  businestt  men 
called  on  for  the  payment  of  all  they  owed,  at 
the  same  time  that  all  the  usual  sources  of  sup- 
ply were  stojiped.  This  pressure  was  made  to 
fall  upon  the  business  community,  espveially 
up(m  largo  establishments  employing  a  great 
many  operatives  ;  so  as  to  throw  ns  mnny  labor- 
ing pi'ople  as  possible  out  of  employment.  At 
the  same  time,  politicians  engaged  in  making 
|)unic,  had  what  amounts  they  pleased,  un  in- 
stance of  a  loan  of  .1|!10(),()(U)  to  n  single  one  of 
these  agitators,  being  detecteil ;  and  a  loan  of 
!i$l,U)(l,(M)t)  to  u  broker,  employed  in  making  dis- 
tress, and  in  relieving  it  in  favored  cases  at  a 
usury  of  two  and  a  half  per  centum  jier  month. 
In  this  manner,  the  business  community  was 
oppressed,  and  in  all  parts  of  the  I'liion  at  tho 
same  time:  the  organi// lion  of  the  national 
bank,  with  branches  in  »  ,ery  State,  and  its  con- 
trol over  local  banks,  binng  sufllcient  to  enable 
it  to  have  its  policy  carried  into  elleet  in  nil 
places,  nnd  at  the  same  moment.  The  first  step 
in  this  policy  was  to  get  up  distress  meetin  rs — 
a  thing  easily  done — and  then  to  have  t  .eso 
meetings  properly  officered  and  conducted.  Men 
who  had  voted  for  Jackson,  but  now  renounced 
him,  were  procured  for  ]iresident,  vice-presi- 
dents, secretaries,  and  onitors;  distress  orations 
were  delivered  ;  and,  after  suftieient  exercise  in 
that  way,  a  memorial  and  a  set  of  resolves, 
prepared  for  the  occasion,  were  presented  and 
adopted.  After  adoption,  the  old  way  of  send- 
ing by  the  mail  was  discarded,  and  a  deputation 
selected  to  proceed  to  Washington  and  make 
delivery  of  their  lugubrious  document.  These 
memorials  generally  came  in  duplicate,  to  bo 
presented,  in  both  Houses  at  once,  by  a  senator 
from  the  State  and  the  representative  from  the 
district.  These,  on  presenting  the  petition,  de- 
livered a  distress  harangue  on  its  contents, 
often  supported  by  two  or  three  adjunct  speak- 
ers, although  there  was  a  rule  to  forbid  any 
thing  being  said  on  such  occasions,  except  to 
make  a  brief  statement  of  the  contents.  Now 
they  were  read  in  violation  of  the  rule,  and 
spoke  upon  in  violation  of  the  rule,  and  printed 


416 


THIRTY  YEARS*  VIEW. 


4 


»i|.v 


never  to  be  read  ap^in,  and  referred  to  a  com- 
mittee, never  more  to  Im  seen  by  it ;  and  bound 
ur,  in  volumes  to  .-ncumber  the  shelves  of  the 
public  documenta  Every  morning,  for  three 
months,  the  presentation  of  these  memorials, 
with  speeches  to  enforce  them,  was  the  occupa- 
tion of  each  House :  all  the  mcmoi-ials  bearing 
the  impress  of  the  same  mint,  and  the  orations 
generally  cast  after  the  same  pattern.  These 
harangues  generally  gave,  in  the  lirst  place, ''ome 
topographical  or  historical  notice  of  the  coimty 
or  town  from  which  it  came — sometimes  with  a 
hint  of  its  revolutionary  services — then  a  de- 
scription of  the  felicity  wh?ch  it  enjoyed  while 
the  bank  had  the  deposits  ;  then  the  ruin  which 
came  upon  it,  at  their  loss ;  winding  up  usually 
with  a  p:reat  quantity  of  indignation  against  the 
man  whose  illegal  and  cruel  conduct  had  occa- 
sioned such  destruction  upon  their  business. 
The  meetings  were  sometimes  held  by  young 
men  ;  sometimes  by  old  men ;  sometimes  by  the 
laboring,  sometimes  by  the  mercantile  class ; 
sometimes  miscellaneous,  and  irresiiectivc  of 
party  ;  and  usually  sprinkled  over  with  a  smart 
number  of  former  Jackson-men,  who  had  ab- 
jured him  on  account  of  this  conduct  to  the 
bank.  Some  passages  will  be  given  from  a  fev 
of  these  speeches,  as  specimens  of  the  whole ;  the 
quantity  of  which  contributed  to  swell  the  pub- 
lication <>f  the  debates  of  that  Congress  to  foi»r 
l-r^e  volumes  of  more  than  one  thousand  pages 
each.  Tlius,  Mr.  Tyler  of  Virginia,  in  present- 
ing a  memorial  from  Culpeper  county,  and  hint- 
ing at  the  military  character  of  the  county, 
said: 

"  The  coimty  of  Culpeper,  as  he  had  before  ob- 
served, had  been  distinguished  for  its  whiggism 
from  the  commencement  of  the  Revolution ;  and, 
if  it  had  not  been  the  first  to  hoist  the  revbhi- 
tionary  banner,  at  the  tap  of  the  drum,  they 
were  .second  to  but  one  county,  and  that  was  the 
good  county  of  Hanover,  which  had  expressed 
the  same  opinion  with  them  on  this  nil-import- 
ant subject.  He  presented  the  memorial  of  these 
sons  of  the  whigs  of  the  Revolution,  and  asked 
that  it  might  be  read,  referred  to  the  appropri- 
ate committee,  and  printed." 

Mr.  Robbins  of  Rhodo  Island,  in  presenting 
memorials  from  the  towns  of  Smithficld  and 
Cumberland  in  that  State : 

"A  small  river  runs  through  these  towns,  call- 
ed Blackstone  River;  a  narrow  stream,  of  no 
great  volume  of  water,  but  perennial  and  mi- 
failing,  and  possessing  great  power  from  the  fre- 


qtiency  and  greatness  of  its  falls.  Prior  to 
1791,  this  power  had  always  nm  to  waste,  ex- 
cept here  and  there  a  saw  mill  or  a  grist  mill,  to 
supply  the  exigencies  of  a  sparse  neighborhood, 
and  one  inconsiderable  forge.  Since  that  p- riod, 
from  time  to  time,  and  fiom  place  to  place,  that 
power,  instead  of  nmning  to  waste,  has  been 
appliei  to  the  use  of  propelling  machinery,  till 
the  valley  of  that  small  river  has  become  the 
Manchester  of  America.  That  power  is  so  un- 
limited, that  scarcely  any  limitation  can  be  fixed 
to  its  capability  of  progressive  increase  in  its 
application.  That  valley,  in  these  towns,  already 
has  in  it  over  thirty  Oillerent  establishments ;  it 
has  in  it  two  millions  of  fixed  capital  in  those 
establishments ;  it  has  expended  in  it  annuallj', 
in  the  wagoi  of  manual  labor,  five  himdred  thou- 
sand dollars ;  it  has  m  it  one  hundix-d  thousand 
spindles  in  operation.  1  should  say  it  had — for 
one  half  of  these  spindles  are  already  suspended, 
and  the  other  half  soon  must  be  suspended,  if 
the  pre.sont  state  of  things  continues.  ( )n  the 
bank  of  that  rivtr,  the  first  cotton  spindle  wiw 
established  in  America.  The  invention  of  Ai  k- 
wright,  in  a7.)1,  escaped  from  the  jealous  jiiolii- 
bitions  of  Englaud,  r.nd  planted  itself  there.  It 
was  b-ought  over  by  a  Mr.  Slater,  who  had  been 
a  laboring  manufacturer  in  England,  but  who 
was  not  a  machinist.  He  brought  it  over,  not 
in  models,  but  in  his  own  mind,  and  fortunately 
he  was  blessed  with  a  mind  capacious  of  .=nih 
thi.igs,  and  which  by  its  fair  fniits,  has  nuule 
him  a  man  of  immense  fortune,  and  one  of  the 
greatest  benefactors  to  his  adopted  coTnitiy. 
There  lie  made  the  first  essays  that  laid  ilio 
foundation  of  that  system  which  has  spread  >» 
far  and  wide  in  this  country,  and  risen  to  such 
II  height  that  it  makes  a  demand  annually  Kir 
two  hundred  and  fifty  thousand  bales  of  cotton 
— about  one  fourth  of  all  the  cotton  crop  of  all 
our  cotton-growing  States;  makes  for  fhoso 
States,  for  ilieir  staple,  the  best  market  in  tlic 
world,  except  that  of  England :  it  was  rajiidly 
becoming  to  them  the  best  market  in  the  world, 
not  excepting  that  of  England ;  still  bettor,  it 
was  rapidly  bcjoming  for  them  a  luarket  to 
weigh  down  and  preponderate  in  the  scale  ajiainst 
all  the  other  markets  of  the  world  taken  to- 
gether. Now,  all  those  prospects  are  blasted  by 
one  breath  of  the  Executive  administration  of 
this  country.  Now  every  thing  in  that  valley, 
every  thing  in  pos.session,  every  thing  in  jiros- 
pect,  is  tottering  to  its  fall.  One  half  of  those 
one  lumdred  thousand  spindles  are,  as  1  luloio 
stated,  already  stopped;  the  other  half  are  still 
continued,  but  at  a  loss  to  the  owners,  and  pure- 
ly from  charity  to  the  laborers ;  but  this  charity 
has  its  limit;  and  regard  to  their  own  safify 
will  soon  constrain  them  to  stop  the  other  half 
Five  months  af  ;o,  had  one  travelled  through  thai 
valley  and  witnessed  the  scenes  then  displayed 
there — their  numerous  and  dense  jjopulatiori.  all 
industrious,  and  thriving,  and  contented— hail 
heard  the  busy  hum  of  industry  in  their  hoiiri 
of  labor — the  notes  of  joy  ui  their  hours  of  re 


ANNO  1834.    ANDREW  JACKSON,  PRESIDENT. 


417 


its  falls.  Prior  to 
ys  nm  to  waste,  cx- 
lill  or  a  prist  null,  to 
iparse  neighborhood, 
;.    Since  that  p-Tioil, 

I  place  to  place,  that 
to  waste,  has  been 

sUinp  machinery,  till 
iver  has  become  the 
That  power  is  so  un- 
imitation  can  be  fixed 
.ssivc  increase  in  its 

II  these  towns,  already 
•lit  establishments ;  it 
'  fixed  capital  in  those 
tended  in  it  annually, 
»or  five  hundred  thou- 
onc  hundred  thousand 
should  say  it  had— for 
are  already  suspended, 
must  be  suspended,  if 
irs  continues.     On  the 
irst  cotton  spindle  wiis 

The  invention  of  Avk- 
froni  the  jealous  prohi- 
planted  itself  there.    It 
Ir.  Slater,  who  had  btin 
[•  iu  Enjiland,  but  who 
He  brought  it  over,  not 
u  mind,  and  fortuuatily 
mind  capacious  of  ?iich 
ts  fair  fniits,  has  ninde 
fortune,  and  one  of  the 
»  his  adopted   co\iutry. 
•St  essays  that  laid  ilio 
>m  which  has  spread  >o 
untry,  and  risen  to  such 
i  a  demantl  annually  lor 
iiousand  bales  of  eott.m 
ill  the  cotton  crop  ot  all 
ates;   makes   for  those 
the  best  market  m  tlio 
flndand:  it  was  rapuliy 
•st  market  in  the  world, 
:ngland;  sliU  better,  it 
for  them  a  .narket  to 
derate  in  the  sc;ile  against 
of  the  world  taken  to- 
f  prospects  are  blasted  hy 
cutivc  adnunistrati.in  ol 
Uy  thing  in  that  valley, 
Hon,  every  thing  in  pi<'s- 
'  fall     One  half  of  tho^e 
spindles  arc,  as  1  belovo 
,.  the  other  half  are  still 
htothcowners.andpure- 
aborers;  but  this  clmnty 
rard  to  their  own  safety 
:,„  to  stop  the  other  lial 
Ue  travelled  throuphtlu' 
Kic  scenes  then  disvlay^'jl 
i  and  dense  population  ai 
fine,  and  contented-haJ 
f  industry  in  their  ho.m 
If  joy  hi  their  hours  cl  r& 


la  .ation — had  seen  the  plenty  of  their  tables, 
the  comforts  of  their  firesides — had,  in  a  word, 
seeu  in  every  countenance  the  content  of  every 
lieart;  and  if  that  same  person  should  travel 
through  the  same  v.xUey  hereafter,  and  should 
find  it  then  deserted,  and  desolate,  and  silent  as 
the  valley  of  death,  and  covered  over  with  the 
solitary  and  mouldering  ruins  of  those  numer- 
ous establishments,  he  would  say, '  Surely  the 
hand  of  the  ruthless  destroyer  ha.s  been  here!' 
iVow,  if  the  present  state  of  things  is  to  he  con- 
tinued, as  surely  as  blood  follows  the  knife  that 
has  been  plun;ied  to  the  heart,  and  death  ensues, 
so  surely  that  change  there  is  to  take  place ;  and 
he  who  ought  to  have  been  their  guardian  angel, 
will  have  been  that  ruthless  destroyer." 

And  thus  Mr.  Webster,  in  presenting  a  me- 
morial from  Franklin  county,  in  the  State  of 
Pennsylvania : 

'•  The  couniy  of  Franklin  was  one  of  the  most 
respectable  and  wealthy  in  the  great  State  of 
Pennsylvania.    It  was  situated  in  a  rich  lime- 
stone valley,  and,  in  its  main  character,  was 
agricultural.    lie  had  the  pleasure,  last  year,  to 
pass  through  it,  and  see  it  for  the  first  time, 
when  its  rich  fields  of  wheat  iind  rye  were  ri- 
pening, and,  certainly^,  he  little  thought  then, 
that  he  should,  at  this  timo  have  to  present  to 
the  Senate  such  undeniable  proofs  of  their  actual, 
severe  and  pressing  distress.    As  he  had  said, 
the  inhabitants  of  Franklin  county  were  princi- 
pally agi'iculturists,  and,  of  these,  the  majority 
were  the  tillers  of  their  own  land.    They  weie  in- 
terested, also,  in  manufactures  to  a  great  extent ; 
they  had  ten  or  twelve  forges,  and  upwards  of 
four  thousand  persons  engaged  in  the  manufac- 
ture of  iron,  dependent  for  their  daily  bread  on 
the  pro<luct  of  their  own  labor.     The  hands 
employed  in  this  business  were  a  peculiar  race 
— miners,  colliers,  &c. — and,  if  other  employment 
was  to  be  afibrded  them,  they  would  find  t '.em- 
selves  uns  uited  for  it.    These  mauufactorics  had 
been  depressed,  from  causes  so  well  explained, 
and  so  well  understood,  that  nobody  could  now 
doubt  them.    They  were  precisely  in  tlie  situa- 
tion of  the  cotton  factories  he  had  adverted  to 
some  days  ago.    There  was  no  demand  for  their 
products.    The  consignee  did  not  receive  them 
— he  did  not  hope  to  dispose  of  theiu,  and  would 
not  give  his  paper  for  them.    It  was  well  known 
that,  when  a  manufactured  article  was  sent  to 
the  nties,  tiic  manufacturer  expected  to  obtain 
an  advance  on  them,  which  he  ^ot  cashed.    This 
whole  operation  having  stopped,  iu  coiisociuonce 
of  the  flerangemcnt  of  the  currency,  the  source 
of  business  was  dried  up.     'lluro  were  other 
manufactories  in  that  county  that  al  - )  felt  tiie 
pressure — pajier  factories  and  manufactories  of 
straw  paper,  which  increased  the  pains  of  ajiri- 
culture.     These,  too.  have  been  under  the  neces- 
sity of  dismissing  many  of  those  employed  h\ 
them,  which  necessity  brought  this  nuitter  of 
E.xecutivc  interference  homo  to  every  man's 

Vol.  I.— 27 


labor  and  property.  lie  had  ascertained  the 
prices  of  produce  as  now,  and  in  November  last, 
in  the  Stat?  of  Pcnnysylvania,  and  from  those,  it 
would  be  stcn  tha  ,  in  the  inferior  region,  ontho 
threshing  floors,  they  had  not  escaped  the  evils 
which  had  atfected  tlu^  prices  of  com  and  rye  at 
Chambcrsburg.  Thc^  were  hardly  to  be  pot 
rid  of  at  any  price.  The  loss  on  wheat,  tlio 
great  product  of  the  county,  was  thirty  cents. 
Clover  seed,  an'-t'ncr  great  product,  had  fallen 
from  six  dollars  per  bushel  to  four  dollars. 
This  downfall  of  Agricultural  prwluce  described 
the  etfect  of  the  measure  of  the  Executive  better 
than  all  the  evidences  that  had  been  hitherto 
offered,  'inese  memorialists,  for  themselves, 
were  sick,  sick  enough  oI"  the  Executive  experi- 
ment." 

And  thus  Mr.  Southard  in  presenting  the 
memorial  of  four  thousand  "  young  men  "  of  the 
city  of  Philadelphia : 

"  With  but  very  few  of  them  am  I  personally 
acq'.iainted — and  must  redy,  in  what  I  say  of 
them,  upon  what  I  know  of  those  few,  and  upon 
the  information  received  from  others,  which  I 
regard  as  sure  and  safe.  And  on  these,  I  ven- 
ture to  assure  the  Senate,  that  no  meeting  of 
yo'jpg  men  can  bo  collected,  in  any  portion  of 
our  wide  country,  on  any  (ccasion,  containing 
more  intelligence — more  virtuous  purpose — 
more  manly  and  honorable  feeling — more  de- 
cided and  energetic  character  What  they  say, 
they  think.  What  they  resolve  they  will  ac- 
complish. Their  proceedings  were  ardent  andi 
animated — their  resolutions  are  drawn  with 
spirit ;  but  are  such  as,  1  think,  may  be  pro- 
perly received  and  respected  by  the  Senate. 
They  relate  to  the  conduct  of  the  Executive — 
to  the  present  condition  of  the  countrj' — to  the 
councils  which  now  direct  its  destinies.  They 
admit  that  older  and  more  mature  judgments 
may  Ix'tter  understand  the  science  of  govern- 
ment and  its  practical  operations,  but  they  act 
upon  a  feel'ug  just  in  itself,  and  valuable  in  its 
elfects,  that  they  are  fit  to  form  and  express 
opinions  or.  public  measures  and  public  princi- 
ples, which  sha'l  be  their  own  guide  in  their 
present  and  future  conduct ;  and  they  express  a 
confident  reliance  or.  the  moral  and  physical 
vigor  and  untamable  love  of  freedom  of  the  young 
men  of  the  United  States  to  save  us  from  des- 
IKjtism,  open  and  avowed,  or  silent,  insidious, 
and  deceitful.  They  were  attracted,  or  rather 
urged,  sir,  to  this  meeting,  and  to  the  expre's- 
sion  of  their  feelings  and  opinions  by  what  they 
saw  around,  and  knew  of  the  action  of  the  Ex- 
ocutivo  upon  the  currency  and  prosperity  of  the 
country.  They  have  just  entered,  or  are  about 
entering,  on  the  busy  occupations  of  manhood, 
and  are  suddenly  surprised  by  a  state  of  things 
around  them,  new  to  their  observation  and  ox- 
perience.  Calamity  had  been  a  stmnger  in  tlieir 
jjathway.  They  liave  grown  up  through  their 
boyhood  in  the  cnjoymeuta  of  present  comfort^ 


418 


THIRTY  YEARS'  VIEW 


ij??: 


lk%i 


and  the  anticipations  of  future  prosperity — their 
seniors  activcl}'  and  siiccessfully  engaged  in  the 
various  occupations  of  the  community,  and  the 
whole  circle  of  employments  open  before  their 
own  industry  and  hopes — the  institutions  of 
their  country  beloved, '  1  ^hcir  protecting  in- 
fluence covering  the  c-  -.ons  of  all  for  their 
benefit  and  happiness.  In  this  state  they  saw 
the  public  prosperity,  with  which  alono  they 
were  familiar,  blastod.and  for  the  time  destroyed. 
The  whole  scene,  their  whole  country,  was 
changed ;  they  witnessed  fortunes  falling,  home- 
steads ruined,  merchants  failing,  artisans  broken, 
mechanics  impoverished,  all  the  employments 
on  which  they  were  about  to  enter,  paralyzed ; 
labor  denied  to  the  needy,  and  reward  to  the 
industrious;  losses  of  millions  of  property  and 
gloom  settling  where  joy  and  happiness  before 
existed.  They  felt  the  sirocco  pass  by,  and 
desolate  the  plains  where  peace,  and  animation, 
and  happiness  exulted." 

And  thus  Mr.  Clay  in  presenting  a  memorial 
from  Lexington,  Kentucky : 

"  If  there  was  any  spot  in  the  Union,  likely 
to  be  exempt  from  the  calamities  that  had  af- 
flicted the  others,  it  would  be  the  regiqn  about 
Lexington  and  its  immediate  neighborhood.  No- 
where, to  no  other  cotintry,  has  Providence 
been  more  bountiful  in  its  gifts.  A  country  so 
rich  and  fertile  that  it  yielded  in  fair  and  good 
seasons  from  sixty  to  seventy  bushels  of  corn 
to  the  acr<^'.  It  was  a  most  beautiful  country — 
all  the  land  in  it,  not  in  a  state  of  cultivation, 
was  in  pai'ks  (natural  meadows),  filled  with 
flocks  and  herds,  fattening  on  its  luxuriant 
grass.  But  in  what  country,  in  what  climate, 
the  most  favored  by  Heaven,  can  happiness  ar  1 
prosperity  exist  against  bad  government,  against 
misrule,  and  against  rash  and  ill-advised  experi- 
ments ?  On  the  mountain's  top,  in  the  moun- 
tain's cavern,  in  the  remotest  borders  of  the 
country,  every  where,  every  interest  has  been 
affected  by  tl>ij  mistaken  policy  of  the  Executive. 
While  he  admitted  that  the  solicitude  of  his 
neighbors  and  friends  was  excited  in  some  de- 
gree by  the  embarrassments  of  the  country,  yet 
they  felt  a  deeper  solicitude  for  the  restoration 
of  the  righiful  authority  of  the  constitution  and 
the  laws,  it  is  this  which  excites  their  appre- 
hensions, and  creates  all  their  alarm.  lie  would 
not,  at  this  time,  enlarge  further  on  the  subject 
of  this  memorial  He  would  only  remark,  that 
hemp,  the  great  staple  of  the  part  of  the  country 
from  whence  the  memorial  came,  had  fallen 
twenty  per  cent,  since  he  left  home,  and  that 
Indian  corn,  another  of  its  greatest  staples,  the 
most  valuable  of  the  fniits  of  the  eiu-th  for  the 
use  of  man,  which  the  farmer  converted  into 
most  of  the  articles  of  his  consumption,  fur- 
nishing him  with  food  and  raiment,  had  fallen  to 
an  equal  extent.  There  were  in  that  county 
six  thousand  fat  bullocks  now  remaining  unsold, 
when,  long  before  this  time  last  year,  there  was 


scarcely  one  to  be  purchased.  They  were  not 
sold,  because  the  butchers  covld  not  obtain 
from  the  banks  the  usual  facilities  in  the  way 
of  discounts;  they  could  not  obtain  funds  in 
anticipation  of  their  sales  wherewith  to  pur- 
chase; and  now  $100,000  worth  of  this  species 
of  property  remains  on  hand,  which,  if  sold,  would 
have  been  scattered  through  the  country  by  the 
graziers,  producing  all  the  advantages  to  be 
derived  from  so  large  a  circulation.  Every 
fanner  was  too  well  aware  of  these  facts  one 
moment  to  doubt  them.  We  are,  said  Mr.  C. 
not  a  complaining  people.  We  think  not  so 
much  of  distress.  Give  us  our  laws — guarantee 
to  us  our  constitution — and  we  will  be  content 
with  almost  any  form  of  government." 

And  Mr.  Webster  thus,  in  pnrenting  a  me- 
morial from  Lynn,  Massachusetts : 

"  Those  members  of  the  Senate,  said  Mr.  W., 
who  have  travelled  from  Boston  to  Salem,  or  to 
Nahant,  will  remember  the  town  of  Lynn.  It 
is  a  beautiful  town,  situated  upon  the  sea,  is 
highly  industrious,  and  has  been  hitherto  pros- 
perous and  flourishing.  With  a  population  of 
eight  thousand  souls,  its  great  business  is  the 
manufacture  of  shoes.  Three  thousand  persons, 
men,  women,  and  children,  are  engaged  in  this 
manufacture.  They  make  and  sell,  ordinarily, 
two  millions  of  pairs  of  shoes  a  year,  for  which, 
at  75  cents  a  pair,  they  receive  one  million  fivu 
hundred  thousand  dollars.  They  consume  half 
a  million  of  dollars  worth  of  leather,  of  which 
they  buy  a  largt  portion  in  Philadelphia  and 
Baltimore,  and  the  rest  in  their  own  neighbor- 
hood. The  articles  manufactured  by  them  are 
sent  to  all  parts  of  the  country,  finding  their 
way  into  every  principal  port,  from  Ea.stport 
round  to  St.  Louis.  Now,  sir,  when  I  was  last 
among  the  people  of  this  handsome  town,  all 
was  prosperity  and  happiness.  Their  business 
was  not  extravagantly  profitable;  they  were 
not  growing  rich  over  fast,  but  they  were  com- 
fortable, all  employed,  and  all  satisfied  and  con- 
tented. But,  sir,  with  them,  as  with  others,  a 
most  serious  change  has  taken  place.  They  find 
their  usual  employments  suddenly  arrested,  from 
the  same  cause  which  has  smitten  other  parts 
of  the  country  with  like  effects;  and  they 
have  sent  forward  a  memorial,  which  I  have 
now  the  honor  of  laying  before  the  Senate. 
This  memoral.sir,  is  signed  by  nine  hundred  of 
the  legal  voters  of  the  town ;  and  I  understand 
the  largest  number  of  votes  known  to  have  been 
given  is  one  thousand.  Their  memorial  is  short ; 
it  complains  of  the  illegal  removal  of  the  depos- 
its, of  the  attack  on  the  bank,  and  of  the  etlect 
of  these  measures  on  their  business." 

And  thus  Mr.  Kent,  of  Maryland,  in  present- 
ing petitions  from  Washington  county  in  that 
State : 

"  They  depict  in  strong  colors  the  daily  in- 
creasing distress  with  wliich  they  arc  surround- 


T'  '       i\ 


ANNO  1884.    ANDREW  JACKSON,  PRESIDENT. 


419 


ied.    They  were  not 
•8  covld  not  obtain 

facilities  in  the  way 
not  obtain  funds  in 
I  wherewith  to  pur- 
worth  of  this  species 
1  which,  if  sold,  would 
rh  the  country  by  the 
he  advantages  to  be 
k  circulation.  Every 
re  of  these  facts  one 

We  are,  said  Mr.  C, 
e.  We  think  not  so 
J  our  laws— guarantee 
nd  we  will  be  content 
rovemnnent." 

s.  in  pnventing  a  me- 
chusett  J : 

le  Senate,  said  Mr.  W., 
Boston  to  Salem,  or  to 
the  town  of  Lynn.    It 
uated  upon  the  sea,  is 
lasbcen  hitherto  pros- 
With  a  population  of 
8  great  business  is  the 
L'hree  thousand  persons, 
ren,  are  engaged  in  this 
ike  and  sell,  ordinarily, 
shoes  a  year,  for  which, 
receive  one  million  five 
irs.    They  consume  half 
rtli  of  leather,  of  which 
on  in  Philadelphia  and 
in  their  own  neighbor- 
mufttctured  by  them  are 
B  country,  finding  their 
lal  port,  from  Eastport 
ow,  sir,  when  I  was  la.st 
lis  handsome  town,  all 
)pinc8S.    Their  business 
r  profitable;  they  were 
fast,  b.it  they  were  com- 
and  all  satisfied  and  con- 
them,  as  with  others,  a 
taken  place.    They  find 
s  suddenly  arrested,  from 
has  smitten  other  parts 
like  eftects;   and   they 
nemorial,  which  I  have 
ying  before  the  Senate, 
gnedby  nine  hundred  of 
town ;  and  I  undcrstaiul 
rotes  known  to  have  been 
Their  memorial  is  short; 
ral  removal  of  the  depos- 
e  bank,  and  of  the  eUect 
lieir  business." 


of  Maryland,  in  present- 
Ishington  county  in  that 

long  colors  the  daily  in- 
diich  they  are  surround- 


ed. They  deeply  deplore  it,  without  the  ability 
to  relicvj  it,  and  they  ascribf  their  condition  to 
tlie  derangement  of  the  currency,  and  a  total 
want  of  confidence,  not  only  between  man  and 
man,  but  between  banks  situated  even  'n  the 
sanw;  neighborhood  —  all  proceeding,  as  they 
believe,  from  the  removal  of  the  public  deposits 
from  the  Bank  of  the  United  States.  Four 
months  since,  and  the  counties  from  whence 
thc.=e  memorials  proceed,  presented  a  popula- 
tion as  contended  and  prosperous  as  could  be 
found  in  any  section  of  the  countrj^.  But,  sir, 
in  that  short  period,  the  picture  is  reversed. 
Their  rich  and  productive  lands,  which  la.st  fall 
were  sought  after  with  avidity  at  high  prices, 
they  infui-m  us,  have  falien  25  per  cent.,  and  no 
purchasers  are  to  be  found  even  at  that  reduced 
price.  Wheat,  the  staple  of  that  region  of  the 
country,  was  never  much  lower,  if  as  low.  Flour 
is  quoted  in  Alexandria  at  $3  75,  where  a  large 
portion  of  their  crops  seek  a  market.  These 
honest,  industrious  people  cann'^t  withstand 
the  cruel  and  ruinous  consequences  of  this  des- 
perate and  unnecessary  experiment.  The  coun- 
try cannot  bear  it,  and  unless  speedy  relief  is 
affor  led,  the  result  of  it  will  be  as  disastrous  to 
thosi  who  projected  it,  as  to  the  country  at 
large,  who  are  afflicted  with  it." 

And  thus  Mr.  Webster,  presenting  a  petition 
from  the  master  builders  of  Philadelphia,  sent 
on  by  a  large  deputation : 

"  I  rise,  sir,  to  perform  a  pleasing  duty.  It  is 
to  lay  before  the  Ssnate  the  proceedings  of  a 
meeting  of  the  building  mechanics  oi  the  city 
iind  county  of  Philadelphia,  convened  for  the 
purpose  of  expressing  their  opinions  on  the  pre- 
sent state  of  the  country,  on  the  24th  of  Febru- 
ary. This  meeting  consisted  of  three  thousand 
persons  and  was  composed  of  carpenters,  masons, 
itrickmakers,  bricklayers,  painters  and  glaziers, 
lime  burners,  plasterers,  lumber  merchants  and 
others,  whose  occupations  are  connected  with 
the  building  of  houses.  I  am  proud,  sir,  that  so 
respectable,  so  important,  and  so  substantial  a 
class  of  mechanics,  have  intrusted  me  with  the 
presentment  of  their  opinions  and  feelings,  re- 
specting the  present  distress  of  the  c(juntry,  to 
the  Senate.  I  am  happy  if  they  have  seen,  in 
the  course  pursued  by  me  here,  a  policy  favor- 
able to  the  protection  of  their  interest,  and  the 
prosperity  of  their  families.  These  intelligent 
ami  sensible  men,  these  highly  useful  citizens, 
have  witnessed  the  effect  of  the  late  measures 
of  government  upon  their  own  concerns ;  and 
the  resolutions  which  I  have  now  to  present, 
fully  express  their  convictions  on  the  subject. 
They  propose  not  to  reason,  but  to  testify ;  they 
speak  what  they  do  know. 

"  Sir,  listen  to  the  statement ;  hear  the  facts. 
The  committee  state,  sir,  that  eight  thousand 
persons  are  ordinarily  employed  in  building 

nouses,  in  the  city  and  county  of  Philadelphia ; 
a  number  which,  with  their  families,  would  make 


quite  a  considerable  town.  They  further  state, 
that  the  average  number  of  houses,  which  this 
body  of  mechanics  has  built,  for  the  last  five 
years,  is  twelve  hundred  houses  a  year.  The 
average  cost  of  these  houses  is  computed  at  two 
thousand  dollars  each.  Here  is  a  business,  then, 
sir,  of  two  millions  four  hundred  thousand  dol- 
lars a  year.  Such  has  been  the  average  of  the 
last  five  years.  And  what  is  it  now?  Sir,  the 
committee  state  that  the  busiv.ess  has  fallen  off 
seventy-five  per  cent,  at  least ;  that  is  to  say, 
that,  at  most,  onlj'  one-quarter  part  of  their 
usual  employment  now  remains.  This  is  the 
season  of  the  year  in  which  building  contracts 
are  made.  It  is  now  known  what  is  to  be  the 
business  of  the  year.  Many  of  these  persons, 
who  have  heretofore  had,  every  year,  contracts 
for  several  houses  on  hand,  have  this  year  no 
contract  at  all.  They  have  been  obliged  to  dis- 
miss their  hands,  to  turn  them  over  to  any 
scraps  of  employment  they  could  find,  or  to 
leave  them  in  idleness,  for  want  of  any  employ- 
ment. 

"Sir,  the  agitations  of  the  country  are  not  to 
be  hushed  by  authority.  Opinions,  from  how- 
ever high  quarters,  will  not  quiet  them.  The 
condition  of  the  nation  calls  for  action,  for  mea- 
sures, for  the  prompt  interposition  of  Congress; 
and  until  Congress  shall  act,  be  it  sooner  or  be 
it  later,  there  will  be  no  content,  no  reiwse,  no 
restoration  of  former  prosperity.  Whoever  sup- 
poses, sir,  that  he,  or  that  any  man,  can  quiet  the 
disccntents,  or  hush  the  complaints  of  the  people 
by  merely  saying,  "peace,  be  still!"  mistakes, 
shockingly  mistakes,  the  real  condition  of  things. 
It  is  an  agitation  of  interests,  not  of  opinions  ;  a 
severe  pressure  on  men's  property  and  their  means 
of  living,  not  a  barren  contest  about  abstract 
sentiments.  Even,  sir,  the  voice  of  party,  often  so 
sovereign,  is  not  of  power  to  subdue  discontents 
and  stifle  complaints.  The  people,  sir,  feel  great 
interests  to  be  at  stake,  and  they  are  rousing 
themselves  to  protect  those  interests.  They 
consider  the  question  to  be,  whether  the  govern- 
ment is  made  for  the  people,  or  the  people  for 
the  government.  They  hold  the  former  of  these 
two  proposition.s,  and  they  mean  to  prove  it. 

"  Mr.  President,  this  measure  of  the  Secretary 
has  produced  a  degree  of  evil  that  cannot  be 
borne.  Talk  about  it  as  we  will,  it  cannot  be 
borne.  A  tottering  state  of  credit,  cramped 
means,  loss  of  property  and  loss  of  employment, 
doubts  of  the  condition  of  others,  doubts  of  their 
own  condition,  constant  fear  of  failures  and  new 
explosions,  an  awful  dread  of  the  future — sir, 
when  a  consciousness  of  all  these  things  accom- 
panies a  man,  at  his  breakfast,  his  dinner  and 
his  supper:  when  it  attends  him  through  his 
hours,  both  of  labor  and  rest ;  when  it  even  dis- 
turbs and  haunts  his  dreams,  and  when  he  feels, 
too,  that  that  which  is  thus  gnawing  upon  hira 
is  the  pure  result  of  foolish  and  rash  meas- 
ures of  government,  depend  upon  it  ho  will  not 
bear  it.  A  deranged  and  disordered  currencj', 
the  ruin  of  occupation,  distress  for  present  means. 


420 


THIRTY  YEARS'  VIEW. 


hi 


111  -  •   *11^! 


the  prostration  of  credit  and  confidence,  and  all 
this  without  hope  of  improvement  or  change,  ia 
a  Btate  of  things  which  no  intelligent  people  can 
long  endure." 

Mr.  Clay  rose  to  second  the  motion  of  Mr. 
Wehstcr  to  refer  and  print  this  memorial ;  and, 
after  giving  it  as  his  opinion  that  the  property 
of  the  country  had  hcen  reduced  four  hundred 
millions  of  dollars  in  value,  by  the  measures  of 
the  government,  thus  apostrophized  the  Vice- 
President  (Mr.  Van  Buren),  charging  him  with 
a  message  of  prayer  and  supplication  to  Presi- 
dent Jackson : 

"But  there  is  another  quarter  which  possesses 
sufficient  power  and  influence  to  relieve  the  pub- 
lic distresses.  In  twenty-four  hours,  the  execu- 
tive branch  could  adopt  a  measure  which  would 
afford  an  efficacious  and  substantial  remedy,  and 
re-establish  confidence.  And  those  who,  in  this 
chamber,  support  the  administration,  could  not 
render  a  better  service  than  to  repair  to  the  exe- 
cutive mansion,  and,  placing  before  the  Chief 
Magistiate  the  naked  and  undisguised  truth, 
prevail  upon  him  to  retrace  his  steps  and  aban- 
don his  fatal  experiment.  No  one,  sir,  can  per- 
form that  duty  with  more  propriety  than  your- 
self. [The  Vice-President.]  You  can,  if  you 
will,  induce  him  to  change  his  course.  To  you, 
tfien,  sir.  in  no  unfriendly  spirit,  but  Tvith  feel- 
ings softened  and  subdued  by  the  deep  distress 
which  pervades  every  class  of  our  countrymen, 
I  make  the  appeal.  By  your  official  and  per- 
sonal relations  with  the  President,  you  maintain 
with  him  an  intercourse  which  I  neither  enjoy 
nor  covet.  Go  to  him  and  tell  him,  without 
exaggeration,  but  in  the  language  of  truth  and 
sincerity,  the  actual  condition  of  his  bleeding 
country.  Tell  him  it  is  nearly  ruined  and  un- 
done by  the  measures  which  he  has  been  in- 
duced to  put  in  opeialion.  Tell  him  that  his 
experiment  is  operating  on  the  nation  like  the 
philosopher's  expeririient  upon  a  convulsed  ani- 
mal, in  an  exhausted  receiver,  and  that  it  must 
expire,  in  agony,  if  he  does  not  pause,  give  it  free 
and  sound  circulation,  and  suffer  the  energies  of 
tlie  people  to  be  revived  and  restored.  Tell  him 
that,  in  a  single  city,  more  than  sixty  bankrupt- 
cies, involving  a  loss  of  upwards  of  fifteen  mil- 
lions of  dollars,  have  occurred.  Tell  him  of  the 
alarming  decline  in  the  value  of  all  property,  of 
the  depreciation  of  all  the  products  of  industry, 
of  the  stagnation  in  every  branch  of  business, 
and  of  the  close  of  numerous  manufacturing  es- 
tablishments, which,  a  few  short  months  ago, 
were  in  active  and  flourishing  operation.  De- 
pict to  him,  if  you  can  find  language  to  portray, 
the  heart-rending  wretchedness  of  thousands  of 
the  working  classes  cast  out  of  employment. 
TelJ  him  of  the  tears  of  helpless  widows,  no 
longer  able  to  earn  their  bread,  and  of  unclad 
and  unfed  orphans  who  have  been  driven,  by  his 
policy,  out  of  the  busy  pursuits  in  which  but 


yesterday  they  were  gaining  an  honest  liveli« 
hood.  Say  to  him  that  if  firmness  be  honor- 
able, when  guided  by  truth  and  justice,  it  i.e  in- 
timately allied  to  another  quality,  of  the  most 
pernicious  tendency,  in  the  prosecution  of  an 
erroneous  system.  Tell  him  how  much  more 
true  glory  is  to  be  won  by  retracing  false  steps, 
than  by  blindly  rushing  on  until  his  country  is 
overwhelmed  in  bankruptcy  and  ruin.  Tell  him 
of  the  ardent  attachment,  the  unbounded  devo- 
tion, the  enthusiastic  gratitude,  towards  him,  so 
often  signally  manifested  by  the  American  peo- 
ple, and  that  they  deserve,  at  his  hands,  better 
treatment.  Tell  him  to  guard  himself  against 
the  possibility  of  an  odious  comparison  with 
that  worst  of  the  Roman  emperors,  who,  con- 
templating with  indifference  the  conflagration 
of  the  mistress  of  the  world,  regaled  himself 
during  the  terrific  scene  in  the  throng  of  his 
dancing  courtiers.  If  j'ou  desire  to  secure  for 
yourself  the  reputation  of  a  public  iKiiiefactor, 
describe  to  him  truly  the  universal  distress  al- 
ready produced,  and  the  certain  ruin  which  must 
ensue  from  perseverance  in  his  measures.  Till 
him  that  he  has  been  abused,  deceived,  betray- 
ed, by  the  wicked  coun.sels  of  unprincipled  men 
around  him.  Inform  him  that  all  efforts  in  Con- 
gress to  alleviate  or  terminate  the  public  distress 
are  paralyzed  and  likely  to  prove  totally  un- 
availing, from  his  influence  upon  a  large  portion 
of  the  members,  who  are  unwilling  to  withdraw 
their  support,  or  to  take  a  course  repugnant  to 
his  wishes  and  feelings.  Tell  him  that,  in  his 
bosom  alone,  under  actual  circumstances,  does 
the  power  abide  to  relieve  the  country ;  and 
tiiat,  unless  he  opens  it  to  conviction,  and  cor- 
rects the  errors  of  his  administration,  no  human 
imagination  can  conceive,  and  no  human  tongue 
can  express  the  awful  consequences  which  may  fol- 
low. Entreat  him  to  pause,  and  to  reflect  that 
there  is  a  point  beyond  which  human  endurance 
cannot  go ;  and  let  him  not  drive  this  brave,  gener- 
ous, and  patriotic  people  to  madness  and  despair." 

During  the  delivery  of  this  apostrophe,  the 
Vice-President  maintained  the  utmost  decorum 
of  countep-vnce,  looking  respectfully,  and  even 
innocently  at  the  speaker,  all  the  while,  as  if 
trea.suring  up  every  word  he  said  to  be  faithfully 
repeated  to  the  President.  After  it  was  over, 
and  the  Vice-President  had  called  some  senator 
to  the  chair,  he  went  up  to  Mr.  Clay,  and  asked 
him  for  a  pinch  of  his  fine  maccoboy  snuff  (as 
he  often  did) ;  and,  having  received  it,  walkwl 
away.  But  a  public  meeting  in  Philadelpiiia 
took  the  performance  seriously  to  heart,  and 
adopted  this  resolution,  which  the  indefatigable 
llezekiah  Niles  "registered"  for  the  information 
of  posterity : 

"  liesohed^  That  Martin  Van  Buren  deserves, 
and  will  receive  the  execrations  of  all  good  mcu, 


ANNO  1834.    ANDREW  JACKSON,  PRESIDENT. 


421 


ng  an  honest  liveli* 
firmness  be  honor- 
and  justice,  it  is  in- 
quality,  of  the  most 
le  prosecution  of  an 
lim  how  much  more 
retracing  false  steps, 
I  until  his  country  is 
y  and  ruin.    Tell  liim 
the  unbounded  devo- 
tude,  towards  him,  so 
\yy  the  American  peo- 
5,  at  his  hands,  bettci 
ruard  himself  against 
0U9  comparison  with 
1  emperors,  who,  con- 
nce  the  confl(^;ration 
rorld,  regaled  himself 
in  the  throng  of  his 
u  desire  to  secure  for 
jf  a  public  bciiefactor, 
universal  distress  al- 
ertain  ruin  which  must 
in  his  measures.    Tell 
iiised,  deceived,  betray- 
Is  of  unprincipled  nun 
1  that  all  efforts  in  Oon- 
inate  the  public  distress 
y  to  prove  totally  un- 
ce  upon  a  large  portion 
unwilling  to  withdraw 
a  course  repugnant  to 
Tell  him  that,  in  his 
|ual  circumstances,  does 
leve  the  country;  and 
to  conviction,  and  cor- 
Iministration,  no  human 
.  and  no  human  tonjiue 
sequences  which  may  tbl- 
luse,  and  to  rctlect  that 
rhich  human  endunuice 
,t  drive  this  brave,  gcner- 
:o  madness  and  despaa'." 

)f  this  apostrophe,  the 

ted  the  utmost  decorum 
respectfully,  and  even 

ter,  all  the  while,  as  if 
he  said  to  be  faithfully 

Int.    After  it  was  over, 

Ihad  called  some  senator 
to  Mr.  Clay,  and  asked 
ine  maccoboy  snuff  (as 
•ing  received  it,  walked 
iceting  in  rhiladeliihia 

leeriously  to  heart,  and 
which  the  indel'ati^ble 

Ired"  for  the  information 


Itin  Van  Burcn  deserves, 
Irations  of  all  good  men, 


should  he  shrink  from  the  responsibility  of  con- 
veying to  Andrew  Jackson  the  message  sent 
by  the  honorable  Henry  Clay,  when  the  build- 
ers' memorial  was  presented  to  the  Senate.  I 
charge  you,  said  he,  go  the  President  and  tell 
him — tell  him  if  he  would  save  his  country — if 
he  would  save  himself — tell  him  to  stop  short, 
and  ponder  well  his  course — tell  him  to  retrace 
his  steps,  before  the  injured  and  insulted  people, 
infuriated  by  his  experiment  upon  their  happi- 
ness, rises  in  the  majesty  of  power,  and  hurls 
the  usurper  down  from  the  seat  he  occupies,  like 
Lucifer,  never  to  rise  again." 

Mr.  Benton  replied  to  these  distress  petitions, 
and  distress  harangues,  by  showing  that  they 
were  nothing  but  a  reproduction,  with  a  change 
of  names  and  dates,  of  the  same  kind  of  speeches 
and  petitions  which  were  heard  in  the  year  1811, 
when  the  charter  of  the  fust  national  bank  was 
expiring,  and  when  General  Jackson  was  not 
President — when  Mr.  Taney  was  not  Secretary 
of  the  Treasury — when  no  deposits  hat',  been 
removed,  and  when  there  was  no  quar  el  be- 
tween the  bank  and  the  government  *  and  he 
read  copiously  from  the  Congress  deba'.es  of  that 
day  to  justify  what  he  said;  and  declared  the 
two  scenes,  so  far  as  the  distress  was  concerned, 
to  be  identical.  After  reading  from  these  peti- 
tions and  speeches,  he  proceeded  to  say : 

"  All  the  machinery  of  alarm  and  distress  was 
in  as  full  activity  at  that  time  as  at  present,  and 
with  the  same  identical  effects.  Town  meetings 
—memorials — resolutions — deputations  to  Con- 
gress— alarming  speeches  in  Congress.  The 
price  of  all  property  was  shown  to  be  depressed. 
Hemp  sunk  in  Philadelphia  from  $350  to  $250 
per  ton ;  flour  sunk  from  $1 1  a  barrel  to  $7  75 ; 
all  real  estate  fell  thirty  percent. ;  five  hundred 
houses  were  suspended  in  their  erection;  the 
rent  of  money  rose  to  one  and  a  half  per  month 
on  the  best  paper.  Confidence  destroyed — 
manufactories  stopped — workmen  dismissed — 
and  the  ruin  of  the  country  confidently  pre- 
dicted. This  was  the  scene  then  ;  and  for  what 
object  1  Purely  and  simply  to  obtsiin  a  recharter 
of  the  bank — purely  and  simply  to  force  a  re- 
charter  from  the  alarm  and  distress  of  the 
country ;  for  there  was  no  removal  of  deposits 
then  to  be  complained  of,  and  to  be  made  the 
Bcape-goat  of  a  studied  and  premeditated  attempt 
to  operate  upon  Congress  through  the  alarms 
of  the  people  and  the  destruction  of  their  pro- 
perty. There  was  not  even  a  curtailment  of 
discounts  then.  The  whole  scene  was  fictitious  ; 
but  it  was  a  case  in  which  fiction  does  the  mis- 
chief of  truth.  A  false  alarm  in  the  money 
market  produces  all  the  effects  of  real  danger ; 
and  thus,  as  much  distress  was  proclaimed  in 
Congress  in  1811 — as  much  distress  was  proved 
to  exist,  and  really  did  exist— then  as  now; 


without  a  single  cause  to  bo  alleged  then,  which 
is  alleged  now.  Hut  the  jwwer  and  organization 
of  the  bank  made  the  alarm  then ;  its  power 
and  organization  make  it  now ;  and  fictitious  on 
both  occasions ;  and  men  were  ruined  then,  as 
now,  by  the  jwwcr  of  imaginary  danger,  which 
in  the  moneyed  world,  has  all  the  ruinous  effects 
of  real  danger.  No  deposits  were  removed  then, 
and  the  reason  was,  as  assigned  by  Mr.  Gallatin 
to  Congress,  that  the  government  had  borrowed 
more  than  the  amount  of  the  deposits  from  the 
bank ;  and  this  loan  would  enable  her  to  pro- 
tect her  interest  in  every  contingency.  The 
oi)en  object  of  the  bank  then  was  a  recharter. 
The  knights  entered  the  lists  with  their  visors 
off^no  war  in  disguise  then  for  the  renewal 
of  a  charter  under  the  tilting  and  jousting  of  a 
masquerade  scuffle  for  recovery  of  deposits." 

This  was  a  complete  reply,  to  which  no  one 
could  make  any  answer ;  and  the  two  distresses 
all  proved  the  same  thing,  that  a  powerful  na- 
tional bank  could  make  distress  when  it  plea.sed ; 
and  would  alw.'iyB  please  to  do  it  when  it  had  an 
object  to  gain  by  it — either  in  forcing  a  recharter 
or  in  reaping  a  harvest  of  profit  by  making  a 
contraction  of  debts  after  having  made  an  ex- 
pansion of  credits. 

It  will  be  difficult  for  people  in  after  times  to 
realize  the  degree  of  excitement,  of  agitation  and 
of  commotion  which  was  produced  by  this  or- 
ganized attempt  to  make  panic  and  distress. 
The  great  cities  especially  were  the  scene  of 
commotions  but  little  short  of  frenzy — public 
meetings  of  thousands,  the  most  inflammatory 
harangues,  cannon  firing,  great  feasts — and  the 
members  of  Congress  who  spoke  against  the 
President  received  when  they  travelled  with 
public  honors,  like  conquering  generals  return- 
ing from  victorious  battle  fields — met  by  masses, 
saluted  with  acclamations,  escorted  by  process- 
ions, and  their  lodgings  surrounded  by  thousands 
calling  for  a  view  of  their  persons.  The  gaining 
of  a  numicipal  election  in  the  city  of  New-York 
put  the  climax  upon  this  enthusiasm ;  and  some 
instances  taken  from  the  every  day  occurrences 
of  the  time  may  give  some  fiiint  idea  of  this  ex- 
travagant exaltation.    Thus : 

"  Mr.  Webster,  on  his  late  journey  to  Boston, 
was  received  and  parted  with  at  Philadelphia, 
New- York,  Providence,  &c.,  by  thousands  of  the 
people." 

"  Messrs.  Poindexter,  Preston  and  McDuffie 
visited  Philadelphia  the  beginning  of  this  week, 
and  received  the  most  flattering  attention  of  the 
citizens — thousands  having  waited  upon  to 
honor  them ;  and  they  wore  dined,  &c.,  with 
great  enthusiasm." 


i 

f 

f 


422 


THIRTY  YEARS'  VIEW. 


"  A  very  large  public  meeting  was  held  at  the 
Musical  Fund  Hall,  Philadelphia,  on  Monday 
afternoon  last,  to  compliment  the  'whigs'  of 
New-York  on  the  late  victory  gained  by  them. 
Though  thousands  were  in  the  huge  room,  other 
thousands  could  not  get  in  !  It  was  a  complete 
'jam.'  John  Sergeant  was  called  to  the  chair, 
and  delivered  an  address  of  'great  power  and 
ability ' — '  one  of  the  happiest  efforts  '  of  that 
distinguished  man.  Mr.  Preston  of  the  Senate, 
and  Mr.  McBuffie  of  the  House  of  Representa- 
tives, were  present.  The  first  was  loudly  called 
for,  when  Mr.  Sergeant  had  concluded,  and  he 
addressed  the  meeting  at  considerable  length. 
Mr.  McDuflle  was  then  as  loudly  named,  and  he 
also  spoke  with  his  usual  ardency  and  power, 
in  which  he  paid  a  handsome  compliment  to  Mr. 
Sergeant,  who,  though  he  had  differed  m  opinion 
with  him,  he  regarded  as  a  '  sterling  patriot,'  &c. 
Each  of  these  speeches  were  received  with  hearty 
and  continued  marks  of  approbation,  and  often 
interrupted  with  shouts  of  applause.  The  like, 
it  is  said,  had  never  before  been  witnessed  in 
Philadelphia.  The  people  were  in  the  highest 
possible  state  of  enthusiasm." 

"  An  immense  multitude  of  people  partook  of 
a  collation  in  Castle  Gaixlen,  New-York,  on 
Tuesday  afternoon,  to  celebrate  the  victory 
gained  in  the  '  three  days.'  The  garden  was 
dressed  with  flags,  and  every  thing  prepared  on 
a  grand  sraile.  Pipes  of  wine  and  barrels  of 
beer  were  present  in  abundance,  with  a  full 
supply  of  eatables.  After  partaking  of  refresh- 
ments (in  which  a  great  deal  of  business  was 
done  in  a  short  time,  by  the  thousands  employed 
— for  many  mouths,  like  many  hanils,  make 
quick  work !)  the  meeting  was  organized,  by 
a])pointing  Benjamin  Wells,  carpenter,  president, 
twelve  vice-presidents,  and  four  secretaries,  of 
whom  there  was  one  cartman,  cue  sail  maker, 
one  grocer,  one  watchmaker,  one  ship  carpenter, 
one  potter,  one  mariner,  one  physician,  one 
printer,  one  surveyor,  four  merchants,  &c.  The 
president  briefly,  but  strongly,  addressed  the 
multitude,  as  did  several  other  gentlemen.  A 
committee  of  congratulation  from  Philadelphia 
was  presented  to  the  people  and  received  with 
shouts.  When  the  time  for  adjournment  ar- 
rived, the  vast  multitude,  in  a  solid  cohnnn, 
taking  a  considerable  circuit,  proceeded  to  Gix>en- 
wich-street,  where  Mr.  Webster  was  dbing  with 
a  friend.'  Loudly  called  for,  he  came  forward, 
and  was  instantly  surrounded  by  a  dense  mass 
of  merchants  and  cartmen,  sailors  and  mechanics, 

Erofessional  men  and  laborers,  &c.,  seizing  him 
y  his  iiands.  He  was  asked  to  say  a  few  words 
to  the  people,  and  did  so.  He  exhorted  them 
to  perseverance  in  support  of  the  constitution, 
and,  as  a  dead  silence  prevailed,  he  was  heard 
by  thousands.  He  thanked  them,  and  ended  by 
hoping  that  God  would  bless  them  all." 

"  Saturday  Messrs.  Webster,  Preston  and 
Binney  were  expected  at  Baltimore ;  and,  though 
raining  hard,  thousands  assembled  to  meet  them. 
Sunday  they  arrived,  aud  were  met  by  a  dense 


mass,  and  speeches  exacted.  A  reverend  minis- 
ter of  the  Gospel,  in  excuse  of  such  a  gathering 
on  the  Sabbath,  said  that  in  revolutionary  times 
there  were  no  Sabbaths.  They  were  conducted 
to  the  hotel,  where  5,000  well-dressed  citizens 
received  them  with  enthusiasm." 

"  Mr.  McDufBe  reached  Baltimore  in  the  after- 
noon of  Saturday  last,  on  his  return  to  Wasli- 
ington,  and  was  received  by  from  1,500  to  2,000 
people,  who  were  waiting  on  the  wharf  for  tlio 
purpose.  He  was  escorted  to  the  City  Hotel 
and,  from  the  steps,  addressed  the  crowd  (now 
increased  to  about  o,000  persons),  in  as  earnest 
a  speech,  perhaps,  as  he  ever  pronounced — and 
the  vHanwerof  his  delivery  was  not  less  forcible 
than  the  matter  of  his  remarks.  Mr.  McD. 
spoke  for  about  half  an  hour ;  and,  while  at  one 
moment  he  produced  a  roar  of  laughter,  in  tlio 
next  he  commanded  the  entire  attention  of  the 
audience,  or  elicited  loud  shouts  of  applause. 

"  I'he  brief  addresses  of  Messrs.  Webster, 
Binney,  McDuflie,  and  Preston,  to  assembled 
multitudes  in  Baltimore,  and  the  manner  in 
which  they  were  received,  show  a  new  state  of 
feelings  and  of  things  in  this  city.  When  Jlr. 
McDuffie  said  that  ten  d^ys  after  the  entrance 
of  soldiers  into  the  Senate  chamber,  to  send  the 
senators  home,  that  200,000  volunteers  would 
be  in  Washington,  there  was  such  a  shout  as  wc 
have  seldom  before  heard." 

"  There  was  a  mighty  meeting  of  the  people,  and 
such  a  feast  as  was  never  before  prepared  in  the 
United  States,  held  near  Philadelphia,  on  Tue.>- 
day  last,  as  a  rallying  '  to  support  the  constitu- 
tion,' and  '  in  honor  of  the  late  whig  victory  at 
New-York,'  a  very  large  delegation  from  iliat 
city  being  in  attendance,  bringing  with  them 
their  frigate-rigged  and  highly- finished  boat, 
culled  the  'Constitution,' which  had  been  pasMil 
through  the  streets  during  the  'three  days.' 
The  arrival  of  the  steamboat  with  this  dek'j;a- 
tion  oh  board,  and  the  procession  that  was  tliin 
formed,  are  described  in  glowing  terms.  The 
whole  number  congregated  was  supposed  not  to 
be  less  than  fifty  thousand,  multitudes  attend- 
ing from  adjacent  parts  of  Pennsylvania,  New 
Jersey,  Delaware,  &c.  Many  cattle  and  other 
animals  had  been  roasted  whole,  and  there  were 
200  great  rounds  of  l>eef,  400  hams,  as  many 
beeves'  tongues,  &c.,and  15,000  loaves  of  bread, 
with  crackers  and  cheese,  &c.,  and  equal  supplies 
of  wine,  beer,  and  cider.  This  may  give  some  idea 
of  the  magnitude  of  the  feast.  John  Sergeant 
presided,  assisted  by  a  large  number  of  via;- 
presidents,  &c.  Strong  bands  of  music  played 
at  intervals,  and  several  salutes  were  fir;;d  from 
the  miniature  frigate,  which  were  returned  by 
heavy  artillery  provided  for  the  purpose." 

Notices,  such  as  these,  might  be  cited  in  any 
number ;  but  those  given  are  enough  to  show  to 
what  a  degree  people  can  be  excited,  when  a  great 
moneyed  power,  and  a  great  political  party,  com- 
bine for  the  purpose  of  exciting  the  passions 


ANNO  1834.    ANDREW  JACKSON,  PRESIDENT. 


42J 


A  reverend  minis- 
3  of  such  a  gathering 
1  revolutionary  times 
They  were  conducted 
well-dressed  citizens 

iasm." 

{altimore  in  the  after- 
his  return  to  Wiisli- 
,y  from  1,500  to  2,000 
on  tlie  wharf  for  the 
A  to  the  City  Ilottl, 
ssed  the  crowd  (now 
lersons),  in  as  earnest 
jvcr  pronounced — and 
y  was  not  less  forcible 

remarks.  Mr.  McD. 
our ;  and,  while  at  one 
oar  of  laughter,  in  the 
;ntire  attention  of  the 
shouts  of  applause. 

of  Messrs.  Webster, 
Preston,  to  assembled 
J,  and  the  manner  in 
i  show  a  new  state  of 
[I'this  city.  When  Mr. 
rys  after  the  entrance 
tc  chamber,  to  send  the 
:)000  volunteers  would 
was  such  a  shout  as  wo 

d." 

iceting  of  the  people,  and 
r  before  prepared  in  the 
r  Philadelphia,  on  Tut■^- 
to  support  the  constitu- 
[the  late  whig  victory  at 
e  delegation  from  tliut 
I,  bringing  with  tlain 
highly- finished  bout, 
which  had  been  pasHtl 
iring  the  'three  days.' 
mboat  with  this  dcUiiii- 
)rocession  that  was  tliiu 
n  glowing  terms.    The 
ted  was  supposed  not  to 
sand,  multitudes  attend- 
of  Pennsylvania,  New 
Many  cattle  and  otlur 
d  whole,  and  there  were 
■ef  400  hams,  as  many 
15  000  loaves  of  bread, 
)  &c.,  and  equal  supplies 
i'his  may  give  some  idea 
feast.    John  Sergeant 
large  number  of  vice- 
bands  of  music  played 
salutes  were  fir^jd  from 
hich  were  returned  by 
for  the  purpose." 

L  might  be  cited  in  any 
In  are  enough  to  show  to 
.be  excited,  when  a  great 
feat  political  party,  coro- 
[f  exciting  the  passions 


through  the  public  suQcrings  and  the  public 
alarms.  Immense  amounts  of  money  were  ex- 
pended in  these  operations ;  and  it  was  notorious 
that  it  chiefly  came  from  the  great  moneyed  cor- 
poration in  Philadelphia. 


CHAPTER    CIII. 

BENATOEIAL  CONDEMNATION  OF  PRESIDENT 
JACKSON:  III8  PK0TE8T:  NOTICE  OF  TUE  EX- 
PUNGING RESOLUTION. 

Mr.  Clay  and  Mr.  Calhoun  were  the  two  lead- 
ing spirits  in  the  condemnation  of  President 
Jackson.  Mr.  Webster  did  not  speak  in  favor 
of  their  resolution,  but  aided  it  incidentally  in 
the  delivery  of  his  distress  speeches.  The  reso- 
lution was  theirs,  modified  from  time  to  time  by 
tbemselves,  without  any  vote  of  the  Senate,  and 
by  virtue  of  the  privilege  which  belongs  to  the 
mover  of  any  motion  to  change  it  as  he  pleases, 
until  the  Senate,  by  some  action  upon  it,  makes 
it  its  own.  It  was  altered  repeatedly,  and  up  to 
the  last  moment ;  and  after  undergouig  its  final 
mutation,  at  the  moment  when  the  yeas  and 
nays  were  about  to  be  called,  it  was  parsed  by 
the  same  majority  that  would  have  voted  for  it 
on  the  first  day  of  its  introduction.  The  yeas 
were:  Messrs.  Bibb  of  Kentucky;  Black  of 
Mississippi ;  Calhoun ;  Clay  ;  Clayton  of  Dela- 
ware ;  Ewing  of  Ohio ;  Frelinghuysen  of  New 
Jersey ;  Kent  of  Maryland ;  Knight  of  Rhode 
Island ;  Leigh  of  Virginia ;  Mangum  of  North 
Carolina ;  Naudain  of  Delaware ;  Poindexter  of 
Mississippi ;  Porter  of  Louisiana ;  Prentiss  of 
Vermont ;  Preston  of  South  Carolina  ;  Robbins 
of  Rhode  Island ;  Silsbce  of  Massachusetts ;  Na- 
than Smith  of  Connecticut ;  Southard  of  New 
Jersey ;  Sprague  of  Maine ;  Swift  of  Vermont ; 
Tomlinson  of  Connecticut ;  Tyler  of  Virginia ; 
Waggaman  of  Louisiana;  Webster. — 20.  The 
nays  were :  Messrs.  Benton ;  Brown  of  North 
Carolina;  Forsyth  of  Georgia;  Grundy  of  Ten- 
nessee; Hendricks  of  Indiana;  Hill  of  New 
Ilarapshire ;  Kane  of  Illinois ;  King  of  Alaba- 
ma ;  King  of  Georgia ;  Linn  of  Missouri ;  Mc- 
Kean  of  Pennsylvania ;  Moore  of  Alabama ; 
Morris,  of  Ohio ;  Robinson  of  Illinois ;  Shep- 
ley  of  Maine ;  Tallmadge  of  New  York  ;  Tipton 
of  Indiana ;  Hugh  L.  AVhite  uf  Tennessee ;  Wil- 


kina  of  Pennsylvania;  Silas  Wright  of  New 
York.— 20.  And  thus  the  resolution  was  pass* 
cd,  and  was  nothing  but  an  empty  fulmination 
— a  mere  personal  censure — having  no  relation 
to  any  business  or  proceeding  in  the  Senate ; 
and  evidently  intended  for  effect  on  the  people. 
To  increase  this  effect,  Mr.  Clay  proposed  a  re- 
solve that  the  Secretary  should  count  the  names 
of  the  signers  to  the  memorials  for  and  against 
the  act  of  the  removal,  and  strike  the  balance 
between  them,  which  he  computed  at  an  hun- 
dred thousand  :  evidently  intending  to  add  the 
effect  of  this  popular  voice  to  the  weight  of  tho 
senatorial  condemnation.  The  number  turned 
out  to  be  unexpectedly  small,  considering  the 
means  by  which  they  were  collected. 

When  passed,  the  total  irrelevance  of  the  re- 
solution to  any  right  or  duty  of  the  Senate  was 
made  manifest  by  the  insignificance  that  attend- 
ed its  decision.  There  was  nothing  to  be  done 
with  it,  or  upon  it,  or  under  it,  or  in  relation  to 
it.  It  went  to  no  committee,  laid  the  founda- 
tion for  no  action,  was  not  communicable  to  the 
other  House,  or  to  the  President ;  and  remained 
an  intrusive  fulmination  on  the  Senate  Journal : 
put  there  not  for  any  legislative  purpose,  but 
purely  and  simply  for  popular  effect.  Great  ni- 
liance  was  placed  upon  that  effect.  Tt  was  fully 
believed — notwithstanding  the  experience  of  the 
Senate,  »n  Mr.  Van  Buren's  case — that  a  senato- 
rial condemnation  would  destroy  whomsoever  it 
struck — even  General  Jackson.  Vain  calculation ! 
and  equally  condemned  by  the  lessons  of  his- 
tory, and  by  the  impulsions  of  the  Imman  heart. 
Fair  play  is  the  first  feeling  of  the  ma.^scs ;  a 
fair  and  impartial  trial  is  the  law  of  the  heart,  as 
well  as  of  the  land ;  and  no  condemnation  is  toler- 
ated of  any  man  by  his  enemies.  All  such  are 
required  to  retire  from  the  box  and  tho  bench, 
on  a  real  trial:  much  more  to  refrain  from  a 
simulated  one ;  and  above  all  from  instigating 
one.  Mr.  Calhoun  and  Mr.  Clay  were  both 
known  to  have  their  privata  griefs  against  Gene- 
ral Jackson,  and  als  to  have  been  in  vehement 
oprjosition  to  each  othei',  and  that  they  had 
'•  .'ompromised"  their  own  bone  of  contention  to 
Ih>  able  to  act  in  conjunction  against  him.  Tho 
irstinctive  sagacity  of  the  people  saw  all  this ; 
and  their  innate  sense  of  justice  and  decorum 
revolted  at  it ;  and  at  the  end  of  these  proceed- 
ings, the  results  were  in  exact  contradiction  to 
the  calculation  of  their  effect.    General  Jackson 


ill 


' 


424 


THIRTY  YEARS'  VIEW. 


.  Ill 


r*'  /  f 


-^'1 


#v 


m^  ■ 


was  more  popular  than  ever ;  the  IcarU-rs  in  the 
movement  against  him  were  nationally  crippled ; 
their  friends,  in  many  instances,  were  politically 
destroyed  in  their  States.  It  was  a  second  edi- 
tion of  "  Fox's  martyrs." 

During  all  the  progress"  of  this  proceeding — 
while  a  phalanx  of  orators  and  speakers  were 
daily  fulminating  against  him — while  many 
hundred  newspapers  incessantly  assailed  him — 
while  public  meetings  were  held  in  all  parts, 
and  men  of  all  sorts,  even  beardless  youths, 
harangued  against  him  as  if  he  had  been  a  Nero 
— while  a  stream  of  committees  was  pduring 
upon  hi  II  (as  they  were  called),  and  whom  he 
soon  rcf  sed  to  receive  in  that  character ;  during 
the  hundred  days  that  all  this  was  going  on,  and 
to  judge  from  the  imposing  appearance  n'Mch  +lie 
crowds  mai^e  that  came  to  Washington  to  bring 
up  the  "  distress,"  ind  to  give  countenance  to  the 
Senate,  and  emphasis  to  its  proceedings,  and  to 
liH  the  daily  galle!}',  applnnding  the  speakers 
it,^ainst  the  President — saluting  with  noise  and 
confusion  those  who  spoke  on  his  side :  during  all 
this  time,  and  when  a  nation  seemed  to  be  inarms, 
aiid  the  earth  in  commotion  agai  st  him,  he  was 
tranquil  and  quiet,  confident  of  eventual  victorj', 
and  firmly  relying  upon  God  and  the  people  to 
set  all  right.  I  was  accustomed  to  see  him 
often  during  that  time,  always  in  the  night  (for 
I  '  "d  no  time  to  quit  my  seat  during  the  daj)  • 
and  never  saw  him  appear  more  truly  heroic 
and  grand  than  at  this  time,  lie  was  perfectly 
mili  in  his  language,  cheerful  in  his  temper, 
firm  in  his  conviction  ;  and  confident  in  his  re- 
liance on  the  power  in  which  he  put  his  trust. 
I  have  seen  him  in  a  great  many  situations  of 
peril,  and  even  of  desperation,  both  civil  and  mili- 
tary, and  always  saw  him  firmly  relying  upon 
the  success  of  the  right  through  God  and  the 
people  ;  and  never  saw  that  confidence  more 
firm  and  steady  than  now.  After  giving  him  an 
account  of  the  day's  proceedings,  talking  over 
the  state  of  the  contest,  and  ready  to  return  io 
sleep  a  little,  and  pi-epare  much,  for  the  tDmbats 
of  the  next  day,  he  would  usually  say :  "  We 
shall  whip  them  yet.  The  people  will  take  it 
up  after  a  while."  But  he  also  had  good  de- 
fenders present,  and  in  both  Houses,  and  men 
who  did  not  confine  themselves  to  the  defensive 
—did  noi  limit  themselves  ro  returning  blow 
for  blow — but  assailed  the  assailants — boldly 


charging  upon  them  their  owl  illegal  conduct—  [from  closing  itd  doors  by  running  wagons  with 


exposing  the  rottenness  of  their  ally,  the  bank 
— showing  its  corruption  in  conciliating  politi- 
cians, and  its  criminality  in  distrassing  the  peo- 
ple— and  the  unholiness  of  the  combination 
which,  to  attain  political  power  and  secure  a 
bank  charter,  were  seducing  the  venal,  terrify- 
ing the  timid,  disturbing  the  country,  destroy- 
ing business  and  property,  and  falsely  accus- 
ing the  President  of  great  crimes  and  misde- 
meanors ;  because,  faithful  and  fearless,  he  stood 
sole  obstacle  to  the  success  of  the  combined 
powers.  Our  labors  were  great  and  incessant, 
fee  we  had  superior  numbers,  and  great  ability 
io  contend  against.  I  spoke  myself  above 
thirty  times;  others  as  often;  all  many  times; 
and  all  strained  to  the  utmost;  for  we  felt, 
that  the  cause  of  Jackson  was  that  of  the  coun- 
try— his  defeat  that  of  the  people — and  the 
success  of  the  combination,  the  delivering  up 
of  the  government  to  the  domination  of  a  mon- 
eyed power  which  knew  no  mode  of  govem- 
mint  bet  that  of  corruption  and  oppression. 
We  contended  strenuously  in  both  Houses; 
und  as  courageously  in  the  Senate  against  a 
fixed  majority  as  if  we  had  some  chance  for 
success ;  but  our  exertions  were  not  for  the 
Senate,  but  for  the  people — not  to  change  sena- 
torial votes,  but  to  rouse  the  masses  through- 
out the  land  ;  and  while  borne  down  by  a  ma- 
jority of  ten  in  the  Senate,  we  looked  with 
pride  to  the  other  end  of  the  building ;  and  de- 
rived confidence  from  the  contemplati'.n  of  a 
majority  of  fifty,  fresh  from  the  elections  of  the 
people,  and  strong  in  their  good  cause.  It  was 
a  scene  for  Mons.  De  Tocqueville  to  have  look- 
ed on  to  have  learnt  which  way  the  difference 
lay  between  the  men  of  the  direct  vote  of  the 
people,  and  those  of  the  indirect  vote  of  the 
General  Assembly,  "filtrated"  through  the 
••  rciiiiing"  process  of  an  intermediate  body. 

But  although  fictitious  and  forged,  yet  the 
distress  was  real,  'id  did  an  immensity  of  mi? 
cliief.  Vast  numbers  of  individui  is  were  ruin- 
ed, or  ci'ippled  in  their  affairs ;  a  great  mauy 
banks  were  broken — a  run  being  made  upon  all 
that  wor.ld  not  come  into  the  systci  i  of  the  na- 
tional Link.  The  deposit  bank ',  u:  Mve  all  were 
selected  for  pressure.  Several  of  them  were 
driven  to  suspension — some  to  give  up  the  de- 
posits— and  the  bank  in  Washington,  in  'vhich 
the  1    'asnrydid  its  business,  was  only  saved 


% 


i-y 


ANNO  1834.    ANDREW  JACKSON,  PRUSIDENT. 


425 


heir  ally,  the  'oank 
conciliating  iwliti- 
distressinp  the  pco- 
if  the  combination 
)ower  and  secure  a 
;  the  venal,  terrify- 
ic  country,  destroy- 
,  and  falsely  accus- 
crimcs  and  misde- 
md  fearless,  he  stood 
IBB  of  the  combined 
great  and  incessant, 
jrs,  and  great  ability 
ipoke  myself  above 
ten ;  all  many  times ; 
itmost ;  for  we  felt, 
was  that  of  the  coun- 
thc  people— and  the 
>n,  the  delivering  up 
domination  of  a  mon- 
no  mode  of  govem- 
)t\on  and  oppression, 
sly  in  both   Houses; 
the  Senate  against  a 
had  some  chance  for 
Dns  were  not  for  the 
B— not  to  change  sena- 
the  masses  through- 
borne  down  by  a  ma- 
nate,  w«  looked  with 
the  building ;  and  de- 
le  contemplaii'  n  of  a 
)m  the  elections  of  the 
r  good  cause.    It  was 
iquevillo  to  have  look- 
ch  way  the  diflerence 
the  direct  vote  of  the 
indirect  vote  of  the 
trated"   through   the 
intermediate  body. 
]s  and  forged,  yet  tlve 
an  immens'ty  if  mi- 
individui  Is  were  ruin- 
|affairs  ;  a  great  mauy 
in  beiiig  made  upon  all 
the  systcn  of  the  na- 
t  bank  .  a-  ove  all  were 
levera;  of  them  were 
jme  to  give  up  the  de- 
Washington,  in  which 
|ines8,  ^Yas  only  saved 
running  wagons  with 


specie  through  mud  and  mire  from  t!ie  jnint  in 
Philadelphia  to  the  bank  in  Washington,  to 
supply  the  place  of  what  was  hauled  from  the 
bank  in  Washington  to  the  national  bank  in 
Philadelphia — the  two  sets  cf  wagons,  one  go- 
ing and  one  coming,  often  pnssing  each  other 
on  the  road.  But,  while  riin  was  going  on 
upon  others,  the  great  corporation  in  Philadel- 
phia was  doing  well.  The  distress  of  the  coun- 
try was  its  harvest ;  and  its  monthly  returns 
showed  constant  increases  of  specie. 

When  all  was  over,  and  the  Senate's  sen- 
tence had  been  sent  out  to  do  its  office  among 
the  people,  General  Jackson  felt  that  the  time 
had  come  for  him  to  speak ;  and  did  so  in  a 
"Protest,"  addressed  to  the  Senate,  and  re- 
markable for  the  temperance  and  moderation 
of  its  language.  lie  had  considered  the  pro- 
ceeding against  him,  from  the  beginning,  as 
illegal  and  void — as  having  no  legislative  aim 
or  object — as  being  intended  merely  for  cen- 
sure ;  and,  therefore,  not  coming  within  any 
power  or  duty  of  the  Senate.  He  deemed  it 
extra-judicial  and  unparliamentary,  legally  no 
more  than  the  act  of  a  town  meeting,  while  in- 
vested with  the  forms  of  a  legal  proceeding ; 
and  intended  to  act  upon  the  public  mind  with 
the  force  of  a  sentence  of  conviction  on  an  im- 
peachment, while  in  reality  but  a  personal  act 
against  him  in  his  personal,  and  not  in  his 
official  character.  This  idea  he  prominently 
put  forth  in  his  "  Protest ;"  from  which  some 
passages  are  here  given : 

"  The  resolution  in  question  was  introduced, 
discussed,  and  passed,  not  as  a  joint,  but  as  a 
separate  resolution.  It  asserts  no  legislative 
power,  proposes  no  legislative  action  ;  and 
neither  possesses  the  form  nor  any  of  the  attri- 
butes of  a  legislative  measure.  It  docs  not  ap- 
pear to  have  been  entertained  or  pn.-;scd,  with 
any  view  or  expectation  of  its  issiiing  in  a  law 
or  joint  resolution,  or  in  the  repeal  of  any  law 
or  joint  resolution,  or  in  any  other  legislative 
action. 

"  Whilst  wanting  both  the  form  and  substance 
of  a  legislative  measure,  it  is  equally  manifest, 
that  the  resolution  was  not  justifietl  by  any  of 
the  executive  powers  conferred  on  the  Senate. 
These  powers  relate  exclusively  to  the  consider- 
ation of  treaties  and  nominations  to  office  ;  and 
they  are  exercised  in  secret  session,  and  with 
closed  doors.  This  resolution  does  not  apply 
to  any  treaty  or  nomination,  and  was  passed  in 
a  public  session, 

"  Nor  does  this  proceeding  in  any  way  belong 
to  that  class  of  incidental  resolutions  which  re- 


late to  the  officers  of  the  Senate,  to  their  cham- 
ber, and  other  appurtenanws,  or  to  subjects  of 
order,  and  other  matters  of  the  like  nature — in 
all  which  either  House  may  lawfully  proceed 
without  any  co-operation  with  the  other,  or 
with  the  President. 

"  On  the  contrary  the  whole  phraseology  and 
sense  of  the  resolution  seem  to  be  judicial.  Its 
essence,  true  character,  and  only  practical  effect, 
are  to  Im;  found  in  the  conduct  which  it  charges 
upon  the  President,  and  in  the  judgment  which 
it  pronounces  on  that  conduct.  The  resolution, 
therefore,  though  discussed  and  adopted  by  the 
Senate  in  its  legislative  capacity,  is,  m  its  office, 
and  in  all  its  characteristics,  essentially  judicial. 

"That  the  Senate  possesses  a  high  judicial 
power,  and  that  instances  may  occur  in  which 
the  President  of  the  United  States  will  be  ame- 
nable to  it,  is  undeniable.  But  under  the  pro- 
visions of  the  constitution,  it  would  seem  to  be 
equally  plain  that  neither  the  President  nor  any 
other  officer  can  be  rightfully  subjected  to  the 
operation  of  the  judicial  power  of  the  Senate, 
except  in  the  cases  and  under  the  forms  pre- 
scribed by  the  constitution. 

"The  constitution  declares  that  'the  Presi- 
dent, Vice-President,  and  all  civil  officers  of  the 
United  States,  shall  be  removed  from  office  on 
impeachment  for,  and  conviction  of  treason,  bri- 
bery, or  other  high  crimes  and  misdemeanors' 
— that  the  Ilou.se  of  Representatives  '  shall  have 
the  sole  power  of  impeachment ' — that  the  Senate 
'shall  have  the  sole  power  to  try  all  impeach- 
ments'— that  'when  sitting  for  that  purpose, 
they  shall  be  on  oath  or  affir"iation' — that 
'when  the  President  of  the  United  States  is 
tried,  the  Chief  Justice  shall  preside' — that  no 
person  shall  be  convicted  without  the  concur- 
rence of  two-thirds  of  the  members  present' 
— and  that  'judgment  shall  not  extend  further 
than  to  remove  from  office,  and  disqualification 
to  hold  and  enjoy  any  office  of  honor,  trust  or 
profit,  under  the  United  States.' 

"  The  resolution  above  quoted,  charges  in  sub- 
stiince  that  in  certain  proceedings  relating  to  the 
public  revenue,  the  President  has  usurped  au- 
thority and  power  not  conferred  upon  him  by 
the  constitution  and  law.s,  and  that  in  doing  so 
he  violated  both.  Any  such  act  constitutes  a 
high  crime — one  of  the  highest,  indeed,  which 
the  President  can  conuuit — a  crime  which  justly 
exposes  him  to  impeachment  by  the  House  of 
Representatives,  and  upon  due  conviction,  to  re- 
moval from  office,  and  to  the  complete  and  im- 
mutable disfranchisement  prescribed  by  the  con- 
stitution. 

"  The  resolution,  then,  Was  in  substance  an 
impeachment  of  the  President ;  and  in  its  pas- 
sage amoimts  to  a  declaration  by  a  majority  of 
the  Senate,  that  he  is  guilty  of  an  impeachable 
offence.  As  such  it  is  spread  upon  the  journals 
of  the  Senate — published  to  the  nation  and  to 
the  world — made  part  of  our  enduring  archives 
— and  incorporated  in  the  history  of  the  age. 
The  punishment  of  removal  from  office  and  fu« 


i 


1^ 


426 


THIRTY  YKARS'  VIEW. 


ttire  disqjmliflci'.tion,  docs  not,  it  is  true,  follow 
this  decision  ;  nor  would  it  have  followed  the 
like  decision,  if  tlie  rejjular  forms  of  proceedinp 
had  been  pursued,  because  the  renuisite  number 
did  not  concur  in  the  lesult.  iJut  the  moral 
intlucnce  of  a  solemn  declaration,  by  a  majority 
of  the  Senate,  that  the  accused  is  guilty  of  the 
ofTcnce  charged  upon  him,  has  been  as  effectual- 
ly secured,  as  if  the  like  declaration  had  been 
made  upon  an  imiwachment  expressed  in  the 
same  terms.  Indeed,  a  greater  practical  effect 
has  been  gained,  l»ccause  the  votes  given  for  the 
resolution,  though  not  sufficient  to  authorize  a 
judgment  of  guilty  on  an  impeachment,  were 
numerous  enough  to  carry  that  resolution. 

"  That  the  resolution  does  not  expressly  allege 
that  the  assumption  of  power  and  authority, 
which  it  condemns,  was  intentional  and  corrupt, 
is  no  answer  to  the  preceding  view  of  its  char- 
acter and  effect.  The  act  thus  condemned,  ne- 
cessarily implies  volition  and  design  in  the  in- 
dividual to  whom  it  is  imputed,  and  being  un- 
lawful in  its  character,  the  legal  conclusion  is, 
that  it  was  prompted  by  improper  motives,  antl 
committed  with  an  unlawful  intent.  The  charge 
is  not  of  a  mistake  in  the  exercise  of  supposed 
powers,  but  of  the  assumption  of  powers  not 
conferred  by  tlie  constitution  and  laws,  but  in 
derogation  of  both,  and  nothing  is  r^uprgested  to 
excuse  oi-  palliate  the  turjjitude  of  the  act.  In 
the  absence  of  any  such  excuse,  or  palliation, 
there  is  room  only  for  one  inference  ;  and  that 
is,  that  the  intent  was  unlawful  and  corrupt. 
Besides,  the  resolution  not  only  contains  no 
mitigating  suggestion,  but  on  the  contrary,  it 
holds  up  the  act  complained  of  as  justly  ob- 
noxious to  censure  and  reprobation  ;  and  thus 
as  distinctly  stamps  it  with  impurity  of  motive, 
as  if  the  strongest  epithets  had  been  used. 

"  The  President  of  the  United  States,  there- 
fore, has  been  by  a  majority  of  his  constitutional 
triers,  accused  and  found  guilty  of  an  impeach- 
able offence ;  but  in  no  part  of  this  proceeding 
have  the  directions  of  the  constitution  been  ob- 
served. 

"The  impeachment,  instead  of  being  preferred 
and  prosecuted  by  the  House  of  Kepresenta- 
tives,  originated  in  the  Senate,  and  was  prose- 
cuted without  the  aid  or  concurrence  of  the 
other  House.  The  oath  or  affirmation  pre- 
scribed by  the  constitution,  was  not  taken  by 
the  senators ;  the  Chief  Justice  did  not  preside ; 
no  notice  of  the  charn;e  was  given  to  the  accus- 
ed ;  and  no  opportunity  afforded  him  to  respond 
to  the  accusation,  to  meet  his  accusers  face  to 
face,  to  cross-examine  the  witnesses,  to  procure 
counteracting  testimony,  or  to  be  heard  in  his 
defence.  The  safeguards  and  formalities  which 
the  constitution  has  connected  with  the  power 
of  impeachment,  were  doubtless  supposed  by 
the  framers  of  that  instrument,  to  be  essential 
to  the  protection  of  the  public  servant,  to  the 
attainment  of  justice,  and  to  the  order,  impar- 
tiality, and  dignity  of  the  procedure.  These 
safeguards  and  formalities  were  not  only  practi- 


cally disregarded,  in  the  commencement  and  con« 
duct  of  these  proceedings,  but  in  thoir  result,  I 
find  myself  convicted  by  less  than  two-thirds  of 
the  members  present,  of  an  impeachable  oUcncc." 

Having  thus  shown  the  proceedings  of  the 
Senate  to  have  been  extra-judicial  and  the  mere 
fulmination  of  a  censure,  such  as  niiglit  coino 
from  a  "  mass  meeting,"  and  finding  no  warrant  in 
any  right  or  duty  of  the  body,  and  intended  for 
nothing  but  to  operate  upon  him  personally,  ho 
then  showed  that  senators  from  three  States  had 
voted  contrary  to  the  sense  of  their  respective 
State  legislatures.    On  this  point  he  said : 

"  There  are  also  some  other  circumstances  con- 
nected with  the  discussion  and  passage  of  tho 
resolution,  to  which  I  feel  it  to  be,  not  only  my 
right,  but  my  duty  to  refer.  It  appears  by  the 
journal  of  the  Senate,  that  among  the  twenty- 
six  senators  who  voted  for  the  resolution  on  its 
final  passage,  and  who  had  supported  it  ir  <]&. 
bate,  in  its  original  form,  were  one  of  j  sena- 
tors from  the  State  of  Maine,  the  two  senators 
from  New  Jersey,  and  one  of  the  senators  from 
Ohio.  It  also  appears  by  the  same  journal,  and 
by  the  files  of  the  Senate,  that  the  legislatures  of 
these  States  had  severally  expressed  their  opin- 
ions in  respect  to  the  Executive  proceedings 
drawn  in  question  before  the  Senate. 

"  It  is  thus  seen  that  four  senators  have  de- 
clared by  their  votes  that  the  President,  in  tlic 
late  Executive  proceedings  in  relation  to  tho 
revenue,  had  been  guilty  of  the  impeachable  of- 
fence of '  assuming  upon  himself  authority  and 
power  not  conferred  by  the  constitution  and 
laws,  but  in  derogation  of  both,'  whilst  the  leg- 
islatures of  their  respective  States  had  deliber- 
ately approved  those  very  proceedings,  as  consistr 
cnt  with  the  constitution,  and  demanded  by  the 
public  good.  If  these  four  votes  had  been  givtn 
in  accordance  with  the  sentiments  of  the  legisliv- 
tures,  as  above  expressed,  there  would  have  been 
but  twenty-four  votes  out  of  forty -six  for  cen- 
suring the  President,  and  the  unprecedented  re- 
cord of  his  conviction  could  not  have  been  plaaJ 
upon  the  journals  of  the  Senate. 

"  In  thus  referring  to  the  resolutions  and  in- 
structions of  State  legislatures,  I  disclaim  and 
repudiate  all  authority  or  design  to  interfere  with 
the  responsibility  due  from  members  of  the  Se- 
nate to  their  own  consciences,  their  constituents 
and  their  country.  The  facts  now  stated  belong 
to  the  history  of  these  proceedings,  and  are  im- 
portant to  the  just  development  of  the  principles 
and  interests  involved  in  them,  as  well  as  to  tho 
proper  vindication  of  the  Executive  department; 
and  with  that  view,  and  that  view  only,  are  they 
here  made  the  topic  of  remark." 

The  President  then  entered  his  solemn  pro- 
test against  the  Senate's  proceedings  in  thcs» 
words : 


AXNO  1834.     ANDREW  JACKSON,  PRESIDENT. 


427 


mmencenjcnt  and  pon« 
,  but  in  thoir  iTsult,  I 
i>s8  than  twd-tliirdsof 
I  iinponchablo  oUcneo." 

10  proceedings  of  tho 
-judicial  and  the  incro 
I  such  as  might  conio 
d  finding  no  warrnnt  in 
body,  and  intended  for 
)on  him  personivlly,  lio 
■8  from  three  States  had 
ISO  of  their  reBpectivo 
lis  point  ho  said : 

thcr  circumstances  con- 
on  and  passnpe  of  tho 
'1  it  to  be,  not  only  my 
Per.    It  appears  by  tho 
hat  among  the  twenty- 
i)r  the  rcBohition  on  its 
hud  supported  it  ;r  ilo- 
,  were  one  of     ■>;  eeiia- 
lainc,  the  two  senators 
me  of  the  senators  from 
y  the  same  journal,  and 
,  that  the  lepislaturi's  of 
ly  expre8se<l  their  opin- 
Executive  proceedings 
3  the  Senate. 
;  four  senators  have  de- 
ittt  the  President,  in  tlic 
ugs  in  relation  to  tlie 
of  tlie  imiK'achablc  oi- 
himself  authority  and 
tho  constitution  and 
af  both,'  whilst  the  len- 
itive States  had  deliber- 
jr proceedings,  as  consist- 
1,  and  demanded  by  the 
)ur  votes  had  been  givtn 
•ntiments  of  the  legisla- 
,  there  would  have  been 
lut  of  forty-six  for  cen- 
d  the  unprecedented  rc- 
uld  not  have  been  placud 
Senate. 

the  resolutions  and  in- 
ilatures,  I  disclaim  and 
.  design  to  interfere  with 
om  members  of  the  Se- 
enccs,  their  constituents 
facts  now  stated  belong 
proceedings,  and  are  itn- 
lopment  of  the  principles 
1  them,  as  well  as  to  tho 
e  Executive  department-, 
that  view  only,  arc  they 
•emark." 

ntered  his  solemn  pro- 
s's  proceedings  in  thes» 


"With  this  view,  and  for  the  reasons  which 
have  been  statcfl,  I  <Io  hereby  soU'umly  protest 
a^tainst  the  afurcnientioneil  proceedings  of  tlic 
S  inale,  as  inuiuihorized  by  tlie  constitution;  con- 
trary to  its  spirit  and  to  several  of  its  express 
jirovisions ;  subversive  of  that  distriimtion  of  the 
powers  of  government  which  it  has  ordained  and 
cstabhshed  ;  destructive  of  tlie  cheel<s  and  safe- 
guards by  wliich  those  powers  were  intended, 
on  tiie  one  lianil,  to  be  controlled,  and,  on  the 
other,  to  be  jirotected ;  and  calculated,  by  their 
immediate  and  collateral  effects,  by  their  charac- 
ter and  tendency,  to  conceiitiato  in  tho  hands 
of  a  body  not  directly  amenable  to  the  people, 
a  degree  of  inlluence  and  power  dangerous  to 
their  liberties,  and  fatal  to  the  constitution  of 
their  choice." 

And  it  concluded  with  an  affecting  appeal  to 
his  private  history  for.  the  patriotism  and  integ- 
rity of  his  life,  and  the  illustration  of  his  con- 
duct in  relation  to  the  bi,nk,and  showed  his  re- 
liance on  God  and  the  I'eople  to  sustain  him ; 
and  looked  with  confidence  to  the  place  which 
justice  would  assign  him  on  the  page  of  history. 
This  moving  peroration  was  in  these  words : 

'•  The  resolution  of  the  Senate  contains  an  im- 
putation upon  my  private  as  well  as  upon  my 
piililic  character;  and  as  it  must  stand  lor  ever 
on  their  journals,  I  cannot  close  this  substitute 
for  tiiiit  defence  which  I  have  not  been  allowed 
to  present  in  the  onlinary  form,  without  remark- 
ing, that  I  have  lived  in  vain,  if  it  be  necessary 
to  enter  into  a  formal  vindication  of  my  charac- 
ter and  purposes  from  such  an  imputation.  In 
vain  do  I  bear  ujion  my  person,  enduring  memo- 
rials of  that  contest  in  whicli  American  liberty 
WHS  purchased;  in  vain  have  I  since  perilled 
property,  fame,  and  life,  in  defence  of  the  rights 
and  privileges  so  dearly  bought :  in  vain  am  I 
now,  without  a  personal  aspiration,  or  the  hope 
of  individual  advantage,  encountering  responsi- 
bilities and  dangers,  from  which,  by  mere  in- 
activity in  relation  to  a  single  point,  I  might 
have  been  exempt — if  any  serious  doubts  can 
be  entertained  as  to  the  purity  of  my  purposes 
and  motives.  If  I  had  been  ambitious,  I  should 
have  sought  an  alliance  with  that  powerful  in- 
stitution, which  even  now  aspires  to  no  divided 
emi)ire.  If  I  had  been  venul,  1  should  have 
sold  myself  to  its  designs.  Had  I  preferred 
personal  comfort  and  official  ease  to  the  jjerform- 
ance  of  my  arduous  duty,  I  should  have  ceased 
to  molest  it.  In  the  history  of  conquerors  and 
usurpers,  never,  in  the  fire  of  youth,  nor  in  the 
vigor  of  manhood,  could  I  find  an  attraction  to 
lure  me  from  the  pathof  duty ;  and  now,I  shall 
scarcely  find  an  inducement  to  commence  the 
career  of  ambition,  when  gray  hairs  and  a  de- 
caying frame,  instead  of  inviting  to  toil  and  bat- 
tle, call  me  to  the  contemplation  of  other 
worlds,  where  conquerors  cease  to  bo  honored, 


and  usurpers  expiate  their  crimes.  Tho  only 
ambition  I  can  feel,  is  to  acquit  myself  to  Ilim 
to  whom  1  must  soon  render  an  account  of  my 
stewardship,  to  serve  my  fidlow-inen,  and  live 
res|)ected  and  lumored  in  the  history  of  my 
country.  No;  the  ambition  which  Icails  ine 
on,  is  an  anxious  desire  and  a  fixed  deterniinii- 
tion,  to  return  to  the  jK-ople,  unimpaired,  tho 
sacred  trust  they  have  confided  to  niy  charge — 
to  heal  the  wounds  of  the  constitution  and  pre- 
serve it  from  further  violation  ;  toin-rsuade  my 
countrymen,  so  fur  as  I  ma}',  that  it  is  not  iti  i\ 
splendid  government,  supported  by  powerful 
monopolifS  and  aristocraticul  estiiblisbmenfs, 
that  they  will  find  happiness,  or  their  liberties 
protected,  but  in  a  plain  system,  void  of  pomp 
— protecting  all,  and  granting  favors  to  none — 
disiiensing  its  blessings  like  the  dews  of  heaven, 
unseen  and  unfelt,  save  in  tho  freshness  ana 
beauty  they  contribute  to  produce.  It  is  such 
a  government  that  the  genius  of  our  p«'nple  re- 
quires— such  a  one  only  under  which  our  States 
may  remain  forages  to  come,  united,  prosper- 
ous, and  free.  If  the  Almighty  Heing  who  has 
hitherto  sustained  and  protected  me,  will  but 
vouchsafe  to  make  my  feeble  powers  instru- 
mental to  such  a  result,  1  shall  anticipate  with 
pleasure  the  place,  to  be  assigned  me  in  the 
history  of  my  country,  and  die  ctmteiited  with 
the  belief,  that  I  have  contributed  in  some  small 
degree,  to  increase  the  value  and  prolong  the 
duration  of  American  liberty. 

"  To  the  end  that  the  resolution  of  the  Se- 
nate may  not  be  hereafter  drawn  into  precedent, 
with  the  authority  of  silent  acquiescence  on  the 
part  of  the  Executive  department ;  and  to  the 
end,  also,  that  my  motives  and  views  in  the 
Executive  proceeding  denounced  in  that  resolu- 
tion may  be  known  to  my  fellow-citizens,  to  tho 
world,  and  to  all  posterity,  I  respectfully  re- 
quest that  this  message  and  protest  may  be  en- 
tered at  length  on  the  journals  of  the  Senate." 

No  sooner  was  this  Protest  read  in  the  Senate 
than  it  gave  rise  to  a  scene  of  the  greatest  ex- 
citement. Mr.  Poindexter,  of  Mississippi,  imme- 
diately assailed  it  as  a  breach  of  the  privileges  of 
the  Senate,  and  unfit  to  be  received  by  the  body, 
lie  said :  "  I  will  not  dignify  this  paper  by  con- 
sidering it  in  the  light  of  an  Executive  message: 
it  is  no  such  thing.  I  regard  it  simply  as  a 
paper,  with  the  signature  of  Andrew  Jackson ; 
and,  should  the  Senate  refuse  to  receive  it,  it 
will  not  be  the  first  paper  with  the  same  signa- 
ture which  has  been  refused  a  hearing  in  this 
bodj'^,  on  the  ground  of  the  abusive  and  vitupe- 
rative language  which  it  contained.  This  efl'ort 
to  denounce  and  overawe  the  deliberations  of 
the  Senate  may  properly  be  regarded  as  capping 
the  climax  of  that  systematic  plan  of  operations 
which  had  for  several  years  been  in  progress, 


iHI 


ii:? 


n 


428 


TIIIUTY  YKAIIS"  VI KW. 


(tvMi^ticd  l<>  Itrin^  I  his  Unlv  intiMliNri'iiiitoMiiinM^ 
tlio  |ii'ii|ilf,  anil  tlunliy  rnnovc  tho  niily  txi^l- 
iii);  Itairicr  to  (lie  niliilinry  ('iii'ioiirliiiuiils  nixl 
u»ur|ialionsii('  KxoiMilivi'  power:" — ami  lu'iimv- 
I'll  iliat  (he  |i;i|M  r,  n.H  lu<  callcil  il,  hIioiiIiI  not  Ih< 
rm'ivcil.  Mr.  Itontoii  litviiuMl  tliin  n  |iii)|i('r 
•H'tuxioii  tit  >;ivi'  ui>ti<'t'  of  liirt  inU'iilioii  (o  iiiovj' 
ft  slrtMin  nuaniiiv  wliicli  lie  •'•nlt'inplnloil — itn 
ox|uinpii):  ri'Hilntion  apiiiisi  ilioM'ntoiuv  of  (In- 
Si'iiato:  -a  (K-li'muiiatioii  (o  wliicli  lio  liuil  cumf 
from  liix  own  ciMiviclions  of  ri^lit,  niiii  wliicli  lu< 
lutw  niinoiiiut'il  willioiil  coiisiillalioii  willi  any 
of  IiIh  fri«-nils.  Ilo  ilooincd  tliii*  inoV('n\«'iit  to«> 
l>oM  |o  lio  suhniiJU'tl  Ion  foinifil  of  friomli* — (<h) 
•laiinj; tot'X|K>i't  (lu-ircoiicin iviico; — anti iK'livvi'tl 
it  was  iK'ltir  to  pnHHvd  witlioiit  tlioir  know- 
loilm*,  than  airaiiml  tlu'ir  (ltH'inion.  lie,  tli«>iT- 
fun-,  dolivinil  liis  iiotitr  r.r  (tUnipIn,  mroiu- 
panicd  liv  an  oanicsl  invootivo  aj^uinst  tlio  oon- 
dm't  of  tlio  Sonato  ;  and  (Hinnnittcdliinisclf  iriv- 
vivalily  to  llio  prosocntioH  of  tin*  "oxpnnjiing 
ivsolntion  "  nnlil  ho  wliould  suivivd  in  (ln'oH'ort, 
or  terminate  hit*  politieni  life:   He  naid: 

"The  pnhlie  mind  was  ni>w  to  he  (Hcnpied 
with  a  tpiestion  of  the  \ery  lirst  moment  and 
imporlanee,  and  idontieal  in  all  its  features  with 
the  j;i\'at  i|nestion  jii-owiii;:;  out  of  l!ie  famous 
resofntiiMis  of  ilu>  Knijlish  Mouse  of  Commons 
III  the  ea-e  of  the  .Middlesex  eh-etioii  in  the  year 
ITt'S;  and  whieh  enirrossed  tin-  attt-nlion  of  the 
Hriti>h  en\pire  for  fourteen  years  lu-fore  it  was  | 
settled.  That  ijnestion  was  one  in  whi<'h  the 
House  of  Commons  was  jnd^reil,  aiuh'ondennied. 
for  ndoptiiV}!  a  resolution  wliieh  was  held  hy  the  \ 
suhjeefs  of  the  Itritish  erown  to  he  a  violation  | 
of  tlieir  eonstitutiou,  nn«l  ii  suhvtTsion  of  tlie 
rights  of  Kuirlishmen:  tlie  (jnestiou  now  hefoie 
the  Senate,  and  whieh  will  p>  before  the  .\me- 
rioan  |H'ople,  i:n)ws  t>nl  of  a  n<solution  in  whieh 
he  (.Mr.  H.)  helievetl  that  the  eonstitntion  had  I 
heeu  violated — the  privilem-s  of  tlio  House  of  I 
Uepresentntive.s  invaded — and  ihe  rights  of  an  • 
Amerieaneiti/.en,  in  tin-  per.sonof  tlie  President.  ' 
subverted.  The  ro.solutiou  t>f  the  House  of 
Conimons.  after  fourteen  years  of  annual  mo- 
tions, was  expnup'il  fi-om  the  .Journal  of  the 
House ;  and  he  pKilged  himself  to  the  .\merieun 
jH>ople  to  eotnuuMUH'  a  similar  series  of  motions 
with  n'sjHH't  to  this  resolution  of  the  Senate. 
He  had  made  up  his  mind  to  do  so  witliout  eon- 
sultation  with  any  human  being,  and  without 
deigning  to  ealeulate  the  eluinees  or  the  time  of 
snoivss.  He  restetl  under  the  firm  eonviotittn 
that  the  resolution  oi  the  Senate,  which  had 
drawn  fn>m  the  rn-sident  the  ealm,  tom|H'ratc, 
and  dignified  protest,  wliioh  had  been  read  at 
the  table,  was  a  resolution  which  ought  to  Ik* 
expunged  from  the  Journal  of  the  Senate  ;  and 
if  tuny  thing  was  necessary  to  stimulate  his 


seime  of  duly  in  mnkin^  n  motion  to  tlinl  elfeet, 
and  in  eiieourngiiig  oilier^  after  he  was  ^niu',  hi 
following  np  that  motion  |o  sucichh,  it  windd  he 
found  in  the  history  and  terminalicui  of  ihr  simi- 
lar motion  whieh  was  made  in  the  Kn^li'-h  House 
of  Commmih  to  whieh  he  had  rclrrreil.  That 
motion  was  renewed  for  fourteen  >ears  -  from 
I7<i8  to  ITM'J— before  it  was  sueeesslul.  Kor 
the  llrxt  seven  y«'ars,  Ihe  lol^y  and  indignant 
majority  did  not  eonileseend  to  reply  to  iju. 
motion.  'I'hey  sunk  it  under  a  deai)  vole  mm 
oflen  as  presented.  The  seeond  seven  yeiiiN 
lliey  replied;  and  at  the  enti  of  the  term,  and 
on  ihe  assendiliiig  of  a  new  I'arlianuiil.  the 
velerai  motion  was  carried  by  inort>  than  two 
to  om> ;  and  Ihe  gratifying  s|H'elaele  was  iH'held 
of  a  publii  expurgation,  in  the  face  of  the  as- 
sembled Comnions  of  lingland,  of  the  obnoxious 
resolution  from  Ihe  .lonrnal  of  the  Hoiihc.  The 
elections  in  Knglaud  were  septennial,  and  it 
took  two  terms  of  se\en  y«'ars,  or  two  geneial 
eU'Ctions,  to  biing  the  sens«>  of  the  kingdom  to 
bear  njnui  their  representalivi's.  The  elections 
of  the  Senate  were  sexennial,  with  intercalary 
exits  and  entrances,  and  il  might  lake  a  los,  or 
a  longer  ptriod,  he  wiiuld  not  presume  to  Miy 
which,  to  bring  the  sense  of  the  .Vnieiican  peoplV 
to  bear  upon  an  act  of  the  .\nuiicau  Seualc. 
Of  that,  he  wouM  make  no  c.ilctilation  ;  but  the 
linal  success  of  the  motion  in  the  Knglish  House 
of  Commons,  al'ler  fourteen  years'  ptTseveraiice, 
was  a  sntllcient  encouragi'UU'Ul  for  him  to  begin, 
ami  doidil less  would  encouragt-  otlurs  lo  enn- 
tinne,  until  the  good  work  should  beerowned 
with  success;  and  Ihe  oidy  aloneuu  ul  made 
whicli  it  was  in  the  Senate's  power  to  make,  to 
the  violated  majesty  of  the  citnstitution,  the  in- 
vadi'd  privileges  of  thi'  House  of  Hepreseulatives, 
and  the  subverted  rights  «if  an  ,\merican  citi/eii. 
"  In  bringing  this  gnat  (piestiou  before  tlie 
.Xmei'ican  people,  .Mr.  IS.  should  consider  liiin- 
self  as  addressing  tin'  calm  inbdligcnce  of  an 
enlightened  community.  He  bilieved  the  body 
of  the  .Vmcricau  people  lo  be  Ihe  mo>l  enlighten- 
ed community  upon  earth;  and,  without  the  least 
disparagcnunt  to  the  present  Senate,  he  must 
be  permitted  lo  believe  that  many  such  Senates 
might  be  drawn  from  the  ranks  of  the  people, 
and  still  leave  no  dearth  of  intelligence  behind. 
To  such  a  community — in  an  appeal,  on  a  great 
(piestion  of  constitutional  law,  to  the  iiiider- 
stamlings  of  such  a  jHOpIe-  (leclamation,  pas- 
sion, epithets,  «>pprobrious  language,  would 
stand  for  nothing.  They  vv\iuld  float,  harmless 
and  unheeded,  through  tlie  empty  air,  and  strike 
in  vain  upon  the  ear  of  a  solK>r  and  dispassionate 
tribunal.  Indignation,  real  or  aU'ected  ;  wrath, 
however  hot ;  fury,  however  enragctl ;  assevera- 
tions, however  violent  ;  denunciation,  however 
furious  ;  will  avail  nothing.  Facta — inexorable 
facts — are  all  that  will  be  attemled  to  ;  reason, 
calm  ami  self-possessed,  is  all  that  will  be  listen- 
ed to.  An  intelligent  tribunal  will  exact  the 
respect  of  an  address  to  their  uiulcrstandings; 
and  he  that  wishes  to  be  lieard  in  this  great 


*«■ 


ANNO  isat.    ANDREW  JAlIKMON,  IMCICSIDKNT. 


429 


intioil  to  I  lull  I'IUtI, 

il'lrr  111'  «i»-  n<im',  in 
Hiii'i'('H4,  it  would  \»\ 
iiiiniiliiin  of  tlicsiiiii- 
II  (lu-  r.nnli-li  lliiiisi" 
liiiil  iilnnil.  Tlml. 
iintcni  vi'MiN  I'rum 
ills  siu'iTHMrui.  Kur 
lulls  ami  iiiili^iiinil 
11(1  ti>  n'l'lv    I"  llu> 

lllcr    II    llt'iul    Vlilt'    MM 
M'CtUltl     MVllI    yrillN 

'till  of  till'  tiTiii.  mill 
It'W  I'lirlilllllrlll.  tlio 
I  by  iiiDiv  lliiiii  Iwii 
n|M'i'lm'K'  wiiH  IhIu 111 
1  (1h>  Im'f  t>r  till'  iiH- 

llllll,  III"  tlllMlllllllXilMIS 

tl  (if  till-  llmiHi'.  Till' 
t>  si'|)li'tiiiiiil,  uikI  it 
•I'uiK,  or  two  piu'iiil 
.(>  of  till-  kiiiniliiiu  to 
ilivi's.  'Ilio  I'li'ilioiis 
iiini,  with  iiitiiraliiry 
uiijilit  tiiK«'  a  l»>s,  or 
nut  luvsiiiiu'  to  Miy 
if  till'  Aiiu  I  iianiKojili' 
111'  Anurii'aii  Sriiiiii'. 
1  raliMilaliiMi  ;  Iml  llu' 

I  ill  till'  Knuii^li  IliiUM' 

II  y»Hr>'  iniM'M  raiii-o, 
iiu'iil  lorliiiii  to  lii'>;iii, 
ull•a^;^'  otlii  I'H  to  I'liii- 
U   sluuiM    ''»'  iTi'VMiril 


III 


atoiu'iiu'ut    luailo 

's  |io\vi'r  to  maivc,  to 

constitution,  lIu'  iii- 

soot'  lU'prrKi'nlalivi's, 

iin  Anirriran  citizon. 

i|iii'stiiiii   Ih'I'ow  the 

ImiiUl  coiif-iilii'  liiiii- 

m   inl«'llip'iu'i'  of  an 

lU'  lii'lii'vril  llii'lioily 

u'llionio^t  (•nlitilili.'n- 

ii(l,Mitlii'iit  tin-  liast 
out  Si'iiati'.  Ill'  must 
It  iiiaiiy  siiili  Si'iiati'S 

ranks  of  tin'  in'oplo, 
if  inti'llip'm'o  iKliiml. 
an  apiH-al,  o\\  a  (jivat 
il  law,  to  till"  nmkr- 
.K'-  lU'clauialioii,  pas- 
iiis  lanmiam",  would 
wmiUl  tloat.harinloss 

iMujity  air,  and  strike 
iIkt  aiid  disjiassionate 
111  tir  alVi'ctcd  ;  wrath, 
or  onrant'il ;  asso\  era- 
li'iiiinciatioii.  howi'vcr 

.     Facts — inexorable 

attcndi'd  to ;  reason, 

all  that  willbolislen- 
ibunal  will  exact  the 

heir  understandings; 
)0  heard  iu  this  great 


niicHtion,  or  \n'\nf(  heard,  would  wish  |o  he 
heeded,  will  have  (H'ensioii  to  Im-  eleiir  mid  eor- 
rei't  ill  his  lacts  ;  clime  and  |M'rHpiciioiiH  in  hin 
a|i|ilii'atioii  III'  law  ;  fair  and  candid  in  hitt  con- 
I'litNioiis  and  inrereiiccN  ;  teni|MTate  and  ilee<i- 
roiiN  ill  hii*  iaiif(iin^- ;  nnd  HcrimiiloiiNly  free 
rioiii  evi'iy  taint  of  vengeaiiiH<  nnd  malice,  No- 
leiniily  im|ii-«>sNed  witli  the  Iriith  of  all  these 
convictions,  it  \\m  the  intention  of  liimself  (Mr. 
II,),  whatever  the  example  or  the  provocation 
niinlit  be — never  to  forget  IiIm  place,  liisHiibji'd, 
his  audience,  and  his  object — never  to  forget 
(hat  he  was  siM'aktn^  in  the  American  Senate, 
nil  a  ipieslion  of  violated  constitution  and  ont- 
riip'd  individiial  ri^^lit,  to  an  andience  cuinpre- 
heiidin^  the  whole  bisly  of  the  American  iieopte, 
iind  for  the  purpose  of  oblainiii};  a  ri^hteoiis 
decision  from  the  calm  and  hoIh-I'  jiidginent  of 
Ik  lii^h  niinded,  intelligent,  and  patriotic  <-iim- 
iiiiinity. 

'•  The  (jiK'stioii  immediately  before  the  Senate 
was  one  of  minor  coiisei|iience ;  it.  mi^hl  be 
called  a  i|iieslioii  of  Hiiiall  iinport,  except  for 
|lie  ell'cci  which  the  decision  iuip;ht  have  upon 
the  Senate  itself.  In  that  point  of  view,  it 
niip;ht  be  a  i|iiestion  of  some  moment  ;  for,  wilh- 
iiiit  nfereiice  to  individuals,  it  was  essential  to 
I  lie  cause  of  free  pivernments,  that  every  di'- 
piirliiieiit  of  the  ^oxertiment,  the  Senate  inclii- 
(iivc,  should  so  act  as  to  pivserve  to  itself  the 
respect  and  tlu'  conliih>iice  of  the  country.  'I'Ik' 
itiMiieiliate  ipiestioti  was,  npon  the  rejection  of 
the  I'ri'sident's  niessap'.  It  wan  moved  to 
reject  il — to  reject  it,  not  after  it  was  cotisiden-d, 
bill  before  it  was  coimidered !  and  tlins  to  tell 
the  .\tiierican  |H'iip|i'  tlmt  their  President  shall 
nut  lie  heard — should  not  be  allowed  lo  plead 
liis  defence — in  the  presence  of  (be  liody  that 
cnndemiied  him — neither  bi'fore  the  eondemnu- 
tioii,  nor  after  it!  This  is  the  motion:  and 
certainly  no  enemy  to  the  Setialo  could  wish  it 
til  miscarry.  The  President,  in  the  conchiflioti 
of  his  message,  has  res|K'ctfully  rei|iies|ed  that 
his  defence  miglit  be  entered  upon  the  .lonrnal 
of  llie  Senate — upon  that  same  ■lournal  which 
contains  the  record  of  his  conviction.  This  is 
the  reipiest  of  the  President.  Will  the  Senate 
deny  it  7  Will  they  refuse  this  act  of  sheer 
Justice  and  coninion  decency  ?  Will  they  (;o 
further,  and  not  only  refuse  to  pluee  it  on  the 
.lournal,  but  refuse  even  to  siiller  it  to  remain 
in  the  Senate  ?  Will  they  refuse  to  permit  it 
to  remain  on  tile,  but  send  it  back,  or  throw  it 
out  of  doors,  without  condesceii.inj!;  to  reply  to 
it  ?  For  that  is  the  exact  iinport  of  the  motion 
now  made!  Will  senators  exhaust  their  minds, 
nnd  their  bodies  also,  in  loading  this  verycom- 
innnication  with  epitliets,  and  then  Kay  that  it 
shall  not  be  received  ?  Will  they  receive  me- 
morials, resolutions,  essays,  from  all  that  choose 
to  abuse  the  "resident,  and  not  receive  a  word 
(if  defence  from  him  ?  Will  they  continue  the 
sin'ctiu'le  which  had  been  presented  here  for 
three  months — n  daily  prtisenlatioii  of  attacks 
upuu  the  I'rcsideiit  from  all  that  choose  to  at- 


tack him, yoiiiiKand  old,  tNiyHnnd  men — allnckM 
ei'hoiiiK  tlie  v«'i'y  sound  of  this  n-sidiition,  nnd 
which  are  not  only  received  and  Hied  here,  but 
printed,  whicli,  possibly,  the  twenty-six  could 
not  iiiiile  here,  nor  pi  to  trial  upon  any  where! 
lie  remarked,  in  the  third  place,  upon  theelfect 
produced  in  tlie  eliiiructer  of  the  resolution,  and 
alllrmed  that  it  was  nothing  lie  said  that  tlio 
same  charge  ran  thioiiuh  all  three.  They  all 
three  imputed  to  the  I'resiileni  a  violation  of 
the  constitution  nnd  laws  of  the  country— of 
that  constitution  which  be  \mih  HWorn  to  siiii- 
iNirt,  and  of  those  laws  which  he  was  not  only 
bound  to  observe  himself,  but  to  cause  to  bu 
faitlifiilly  observed  by  all  others. 

''A  viidatioii  of  the  constitution  nnd  of  the 
laws,  Mr.  It.sniiL  were  not  altstract  ions  and  meta- 
physical subtleties.  They  must  relate  to  persons 
or  tliiiif;s.  The  violations  cannot  rest  in  the 
air;  they  must  nillx  themselves  to  men  or  to 
pioperty;  they  must  connect  themselves  with 
the  transactions  of  real  life.  They  cannot  bo 
i(h'al  and  contemplative.  In  omitting  the  spe- 
cillcatioiis  relative  to  the  dismission  of  onu 
Secretary  of  the  Treasury,  and  the  appoinlmenl 
of  another,  what  other  specillcat ions  were  adopt- 
ed or  substituted?  (Certainly  none!  What 
ollurs  were  mentally  intended  ?  Surely  none! 
What  others  wert'  supp'Sted  ?  Certainly  none  ! 
The  (general  charp;  then  rests  iifion  the  sanio 
specilieation  ;  and  so  completely  is  this  the  fa<;t, 
that  no  snp]iorter  of  the  resolutions  has  thoii)rht 
it  necessary  to  innke  the  least  alteration  in  his 
i^peechcH  which  supported  the  original  resolu- 
tion, or  to  say  a  single  additional  word  in  favor 
of  the  altei'i'd  rt  solution  iks  finally  passed.  The 
omission  of  the  specilieation  is  tlu'ii  an  omission 
of  form  inid  not  of  substance;  it  is  a  chaiip'  of 
words  and  not  of  thing's  ;  and  the  substitution 
of  a  deropition  of  the  laws  luid  constitution, 
for  dangerous  to  the  liberties  of  the  people,  is  » 
still  more  lla);rant  instance  of  change  of  words 
without  chanp!  of  things.  It  is  tautologoiis 
and  nonseiisiciil.  It  adds  nothing  to  the  general 
charge,  and  takes  nothing  from  it.  It  neither 
explains  it  nor  (lualilies  it.  In  the  technical 
sense  it  is  absurd;  for  it  is  not  the  <-ase  of  u 
statute  in  <Ierogation  of  tlie  coniinon  law,  to 
wit,  re|iealing  a  part  of  it ;  in  the  coininon  pnr- 
lance  understanding,  it  is  ridiculous,  for  the 
President  is  not  even  charged  with  defaming 
the  constitution  and  the  law  s  ;  and,  if  he  was 
so  charged,  it  would  present  a  curious  trial  of 
ncanilulum  maf^mitnm  for  the  American  Senate 
to  engage  in.  No !  said  Mr.  li.,  this  derogation 
clause  is  an  explet ion!  It  is  put  in  to  iill  up! 
The  regular  impeaching  clause  of  dangerous  to 
the  lil>erties  of  the  people,  had  to  lie  taken  out. 
There  was  danger,  not  in  the  people  certainly, 
but  to  the  character  of  the  resolution,  if  it  staid 
in.  It  identified  that  resolution  as  an  im- 
peachment, nnd,  their'fore,  constituted  a  piece 
of  internal  evidence  which  it  was  necessary  to 
withdraw  ;  hut  in  withdrawing  which,  the  cha- 
racter of  the  resolution  was  uot  altered.    The 


I 


430 


THIRTY  YEARS'  VIEW. 


iit  f.i 


^#1 

o.1;^ 

'-4 

&I 

m1" 

i> 

p^ffi 

■   ''i 

i 

fh  ■' 

r* 

VW\ 

.  ifetJi": 

charge  for  violating  the  laws  and  the  constitu- 
tion still  stood ;  and  the  substituted  clause  was 
nothing  but  a  stapper  to  a  vacuum — ac^ditional 
sound  without  additional  sense,  to  fill  up  a 
blank  and  rour'i  off  a  sentence. 

"  After  showing  the  impeaching  character  of 
the  Senate's  resolution,  from  its  own  internal 
evidence,  Mr.  B.  had  recourse  to  another  de- 
scription of  evidence,  scarcely  inferior  to  the 
resolutions  themselves,  in  the  authentic  inter- 
pretations of  their  meaning.  He  alluded  to  the 
speeches  m.i;  "  i,i  support  of  them,  and  which 
had  resounded  in  this  chamber  for  three  months, 
and  were  now  circulating  all  over  the  country 
in  every  variety  of  newspaper  and  pamphlet 
form.  These  speeches  were  made  by  the  friends 
of  the  resolution  to  procure  its  adoption  here, 
and  to  justify  its  adoption  before  the  country. 
Let  the  country  then  read,  lei,  the  people  read, 
wl'.at  has  bceu  sent  to  them  for  the  purpose  of 
justifying  these  resolutions  which  they  are  now 
to  try  !  They  will  find  them  to  Ik;  in  the  cha- 
racter of  prosecution  p'oadings  against  an  ac- 
cused man,  on  his  trial  for  the  commission  of 
great  crimes  !  Let  tliein  look  over  these 
speeches,  and  mark  the  passages  ;  they  will 
fii.d  language  ransacked,  historj'  rummaged,  to 
find  words  sufficiently  stnmg,  and  examples 
Bufficientl}'  odious,  to  paint  an<l  exemplify  the 
enormity  of  the  crime  of  w^hich  the  I'lesident 
was  alleged  to  be  guilty.  After  reading  these 
passages,  let  any  one  doubt,  if  he  ca  i,  as  to  the 
character  of  the  resolution  which  was  adopted. 
Let  liii.i  doubt,  if  he  can,  of  the  impeachable 
nature  of  the  offence  whieb  vas  charged  uj)on 
the  President.  Let  him  doubt,  if  he  can,  that 
every  Senator  who  voted  for  that  resolution, 
voted  the  President  to  beguiliy  of  an  impeach- 
able I'ffence — an  offence,  for  the  rial  of  which 
this  Senate  is  the  appointed  tribunal — an  offence 
which  it  will  be  the  inmiediatc  duty  of  the 
House  of  Representatives  to  biing  before  the 
Senate,  in  a  formal  impeachment,  unlesb  they 
disbelieve  in  the  truth  and  justice  of  the  reso- 
lution which  has  been  adopted. 

■'  Mr.  B.  said  there  were  three  characters  in 
V  hicii  the  Senate  could  act ;  and  every  time  it 
acU'd  it  necessarily  did  so  in  one  or  the  other  of 
those  characters.  It  possessed  e.\ccu'''ve,  legis- 
lative, and  judicial  characters.  A«  a  part  of  tiie 
executive,  it  acted  on  treaties  and  nominations 
to  oflice ;  as  a  part  of  *^>^  legislative,  it  assisted 
in  making  laws;  as  a  judicial  tribunal,  it  decided 
im|K>achmcnts.  Now,  in  which  of  these  cliarac- 
ters  did  the  Senate  act  when  it  adopted  the  re- 
solution in  question?  Not  in  its  executive 
c'laracter,  it  will  be-  admitted;  not  in  its  legisla- 
tive cliaraoter,  it  wiii  be  proved:  for  the  reso- 
lution was,  in  its  nature,  wholly  foreign  to  legis- 
lation. It  was  directed,  not  to  the  fuimatiou  of 
a  law,  but  to  the  condemnation  of  the  President. 
It  was  to  condemn  him  for  dismi.ssing  one  Sec- 
retary, because  he  would  not  d<>  i  thing.  !'..i<i 
appointing  another  that  he  might  do  it;  and 
a-rtainly  this  Vfoa  not  matter  for  legislation ;  fur 


Mr.  Duane  could  not  bo  restored  by  law,  nor 
Mr.  Taney  be  put  out  by  law.  It  was  to  con- 
vict the  President  of  violating  the  constitution 
and  the  laws ;  and  surely  these  infractions  aro 
not  to  be  amended  by  laws,  but  avenged  by  trial 
and  punishment.  The  very  nature  of  the  leso- 
lution  proves  it  to  be  foreign  to  all  legif.lation ; 
its  form  proves  the  same  thing*,  for  it  is  noc 
joint,  to  require  the  action  of  the  House  of  Rep- 
resentatives, and  thus  ripen  into  law;  nor  is  it 
followed  by  an  instruction  to  a  conmiittec  to 
report  a  bill  in  conformity  to  it.  No  such  in- 
struction could  oven  now  be  added  without  com- 
mitting an  absurdity  of  the  most  ridiculous 
character.  There  was  another  resolution,  with 
which  this  nmst  not  be  confounded,  and  u|ion 
which  an  instruction  to  a  connnittee  might  have 
been  bottomed ;  it  was  the  resolution  which 
declared  the  Secretary's  reasons  for  removing 
the  deposits  to  be  insufficient  and  unsatisfac- 
tory ;  but  no  such  in.struction  has  Iwen  iiottoiu- 
ed  even  upon  that  resolution ;  so  tliat  it  is  evi- 
dent that  no  legislation  of  any  kiiul  was  intended 
to  follow  either  resolution,  even  tiiat  to  which 
legislation  might  have  been  appropriate,  uuich 
less  that  to  which  it  would  have  been  an  absurd  • 
itj'.  Four  months  have  elapsed  since  tlie  re.so- 
lutions  were  brought  in.  In  all  that  time,  there 
has  been  no  attempt  to  found  a  legislative  act 
upon  either  of  them  ;  and  it  is  too  late  now  to 
assume  that  the  one  which,  in  its  nature  and  i;i 
its  form,  is  wholly  foreign  to  legislation,  is  a 
legislntive  act,  and  adopted  by  the  ^ir.ir.'io  in  its 
legislative  eiiaracter.  No  !  Th's  resolution  is 
judicial;  it  is  a  judgment  pnuiounced  upon  an 
imputed  offence;  it  is  the  decliired  .sense  of  a 
majority  of  the  Senate,  of  the  guilt  of  the  Presi- 
dent of  a  higii  crime  and  mi.sdemeanor.  It  is, 
in  substance,  an  im]H>achnient — an  impeachment 
in  violation  of  ail  the  forms  prescril)ed  l)y  tiie 
constitution — in  violation  of  the  privileges  of 
the  House  of  Representatives — in  subversion  of 
the  rights  of  the  accused,  iml  the  record  of  whieh 
ought  to  be  e;;punged  from  the  Journal  of  the 
Senate. 

"  Jlr.  B.  said  the  selection  of  a  tribunal  for 
the  trial  of  impeachments  was  felt,  by  the  con- 
vention which  framed  the  constitution,  as  one 
of  the  most  delicate  and  dii.  v'lit  tasks  which 
they  had  to  perform.  Those  great  men  were 
well  read  in  history,  both  ancient  and  modern, 
:ind  knew  that  the  im|)eachi!ig  power — tlie  usual 
mode  for  trying  political  nien  for  political  of- 
fences— was  often  an  I'ngine  for  tlie  gratitlcatiun 
of  factious  and  ambitious  fielings.  An  impiach- 
nient  was  well  known  to  be  the  beaten  mad  for 
runnuig  dt)wn  a  hated  t)r  successful  jiolitical 
rival.  Alter  great  deliber:.tion — after  weighing 
all  the  tribunj'.ls,  ev.Mi  that  of  the  Supreme 
Court — the  Senate  of  the  United  States  was 
fixed  upon  as  tlie  body  wiiich,  from  its  constitu- 
tion, would  Ih'  (he  most  unpartnil,  neutral,  and 
e(piitable,  that  could  be  selected,  and,  with  tlio 
check  of  a  previous  in(|uisilion,  and  present- 
ment of  charges  by  the  llouso  of  Represeuta' 


ANNO  1834    ANDREW  JACKSON,  PRESIDENT. 


431 


restored  by  law,  nor 
law.    It  was  to  con- 
ting  tlio  constitution 
these  infractions  aro 
;,  but  avenpcd  by  trial 
y  nature  of  the  rcso- 
gn  to  all  legiflitiim; 
thing*,  for  it  is  noc 
I  of  the  House  of  Uep- 
n  into  law,  nor  is  it 
in  to  a  connnittee  to 
J  to  it.     No  s'lch  in- 
DC  added  without  ooni- 
the  most   ridiculous 
other  resolution,  with 
confounded,  and  ujion 
connnittee  niinlit  have 
the   resolution  which 
reasons  for  ninoving 
ticieut  and  iinsatisfiic- 
:tion  has  Ik-i-u  iiottoiu- 
ion ;  so  tliat  it  is  evi- 
'  any  kind  was  inti-nded 
m.  even  that  to  wiiich 
leen  appropriate,  much 
d  have  been  an  nbsunl- 
L'lapsetl  since  the  reso- 
In  all  that  time,  there 
I  found  a  lepslative  act 
d  it  is  too  late  now  to 
ch.  in  its  nature  and  i;i 
i-rn  to  legislation,  is  a 
led  by  the  !?cii:-.ie  in  its 
io  !     Th's  resolution  is 

pronounced  upon  an 
le  decUired  sense  of  a 

the  guilt  of  the  Tresi- 
misdemeanor.     It  is, 
ment — an  impeachment 

ms  prescribed  by  tlie 

of  the  privileges  of 

lives — in  subversion  of 

id  the  record  of  which 
om  the  Journal  of  the 

ction  of  a  tribunal  for 
s  was  felt,  by  the  con- 
ic constitution,  as  one 
dii.  ."dt  tasks  which 
'hose  great  men  were 
1  ancient  and  modern, 
ching  power — the  usual 
d  nien  for  political  of- 
fiiie  for  the  gratification 
feelings.    An  imptach- 
be  tlie  beaten  road  for 
or  successful   jwlitical 
iv.tion— after  weighing 
that   of  the   .^upreiiio 
he   L'niU'd  States  was 
iiich,  from  its  constitu- 
inipartial,  neutral,  and 
selectetl,  anil,  with  the 
juisition,  and  present- 
House  of  Kci»ri«cuta' 


\v 


tives,  would  be  the  safest  tribunal  to  which 
could  be  conflded  a  power  so  great  in  itself,  and 
so  susceptible  of  lieing  abused.  The  Senate  was 
selected ;  and  to  show  that  he  had  r.ot  over- 
stated the  difficulties  of  the  convention  in  making 
♦he  selection,  he  would  take  leave  to  read  a  pas- 
sage from  a  work  which  wa.s  canonical  on  tiiis 
Bubject,  and  from  an  p.rticle  in  that  work  which 
was  written  by  the  gentleman  whose  authority 
would  have  most  weight  on  this  occasion.  lie 
spoke  of  the  Fc<lcralist,  and  of  the  article  writ- 
ten by  General  Hamilton  on  the  impeaching 
power : 

"  'A  wcll-constitnted  court  for  the  trial  of  im- 
peachments is  an  object  not  more  to  be  desired 
than  difficult  to  'jc  obtained,  in  a  government 
wholly  elective.  The  subjects  of  iis  jurisdiction 
nre  those  offences  which  procec<l  from  the  mis- 
conduct of  public  men ;  or,  in  other  words,  from 
the  abuse  or  violation  of  some  public  trust. 
They  are  of  a  nature  which  may,  with  (K'culiar 
projjriety.  be  denominated  political,  a.s  they  re- 
late chiefly  to  injuries  done  immediately  to  so- 
ciety itself.  The  prosecution  of  them,  for  this 
reason,  will  seldom  fail  to  agitate  the  passions 
of  the  whole  community,  and  to  divide  it  into 
parties  more  or  less  friendly  or  inimical  to  the 
accused.  In  many  cases,  it  will  connect  itself 
with  the  pre-existnig  factions,  and  will  enlist  all 
their  animosities,  partialities,  intluence,  and  in- 
terest, on  one  side  or  on  the  other;  and,  in  such 
cases,  there  will  always  be  the  greatest  danger 
that  the  decision  will  bo  regulated  more  by  the 
comparative  strength  of  parties,  than  by  the 
real  «Iemonstrations  of  innocence  or  guilt.  The 
delicacy  and  magnitude  of  a  trust  which  so 
deeply  concerns  the  political  reputation  and  ex- 
istence of  every  man  engaged  in  the  adminis- 
tration of  public  affairs,  speak  for  tl>em>elves. 
Tiie  dilHculty  of  ]ilacing  it  rightly  in  a  govern- 
ment resting  entirely  on  the  biLsis  of  jieriodical 
elections,  will  as  readily  bo  jierceived,  when  it 
i.s  considered  that  the  most  conspicuous  charac- 
ters in  it  will,  from  that  circunisiance,  be  too 
often  the  leaders  or  the  tools  of  the  most  cun- 
ning or  the  most  numerous  faction ;  and,  on  this 
account,  can  hardly  be  ex|)ected  to  |)Ossess  the 
requisite  neutrality  towards  those  who.sc  con- 
duct may  bo  the  subject  of  scrutiny. 

" '  Tiie  division  of  the  powers  of  impeachment 
between  the  two  branches  of  the  legislature,  as- 
sijjning  to  one  the  right  of  accusing,  to  (he  other 
tiie  right  of  trying,  avoids  the  inconvenienec  of 
iiiiiking  the  same  |R>rsnn  both  accusers  and 
judges;  and  guards  against  tlie  danger  of  per- 
secution from  tlie  jtrevaleiicy  of  a  facliou.s  spirit 
iu  either  of  those  branches.' 

'"Mr.  n.  saitl  there  was  much  niatier  ft)r  elu- 
cidation of  tlie  ju'esent  object  of  discussion  in 
the  extract  which  he  had  reail.  Its  definition 
of  an  iinpiaehable  olienee  covered  the  indent  ical 
diarge  which  was  contained  in  the  resolution 
ailopied  by  the  Senate  agiunst  (he  I'resident. 
The  offence  charged  upon  liim  possesj^ed  every 
feature  of  the  impeachment  defined  by  Ueueral 


Hamilton.  It  imputes  misconduct  to  a  public 
man,  for  the  abuse  and  violation  of  a  public 
trust.  The  discussion  of  the  charge  has  agitated 
the  passions  of  the  whole  comnnmity ;  it  has 
divided  the  people  into  parties,  some  friendly, 
some  inimical,  to  the  accused ;  it  has  connectea 
itself  with  the  pre-existing  parties,  enlisting  the 
whole  of  the  opposition  par(ies  under  one  ban- 
ner, and  calling  forth  all  their  animosities — all 
their  partialities — all  their  influence — all  their 
interest ;  and,  what  was  not  foreseen  by  fJenc- 
ral  Hamilton,  it  has  called  forth  the  tremendous 
moneyed  jiower,  and  the  pervading  organization 
of  a  great  moneyed  power,  wielding  a  mass  of 
forty  millions  of  money,  and  sixty  millions  of 
debt ;  wielding  the  whole  in  aid  and  support  ot 
this  charge  upon  the  President,  and  working 
the  double  battery  of  se<luction,  on  one  hand, 
and  oppression  on  the  other,  to  put  down  tho 
man  against  whom  it  is  directed  !  This  is  what 
General  Hamilton  did  not  foresee ;  but  the  next 
feature  in  the  picture  he  did  foresee,  and  most 
accurately  describe,  as  it  is  now  seen  by  ns  all. 
He  said  that  the  decision  of  these  impeachments 
would  oftcr  be  regidated  more  by  the  compara- 
tive strength  of  i)artios  than  by  the  guilt  or  in- 
nocence of  the  accused.  How  jirophetic !  Look 
to  the  memorials,  rescdutions,  and  pe(i(ions,  .sent 
in  here  to  criminate  the  President,  so  clearly 
marked  by  a  party  line,  that  when  an  exccptiow 
occurs,  it  is  made  the  special  subject  of  public 
remark.  Look  at  the  vote  in  the  Senate,  upon 
the  adoption  of  the  resolution,  also  as  clearly 
defined  by  a  party  line  as  any  party  question 
can  ever  be  exjiected  to  be. 

"  To  guard  the  most  conspicuous  characters 
from  being  persecuted — .Mr.  P.  said  he  was 
using  the  language  of  (leneial  Hamilton — to 
guard  the  most  conspicii(»us  char:icters  from 
being  persecuted  by  the  leaders  or  the  t<»ols  of 
the  most  cunning  or  the  most  numerous  faction 
— the  ctmvention  had  placed  (he  power  of  try- 
ing impeachments,  not  in  tlie  Suprvnie  Court, 
not  even  in  a  body  of  select  juilges  chosen  for 
the  occasion,  but  in  the  Senate  of  the  I'nited 
States,  and  not  even  in  (hem  without  an  inter- 
vening check  to  (he  abuse  of  that  power,  by 
associating  (he  House  of  Heprescn(a(ives,  and 
forbidding  the  Senate  to  proceed  against  any 
ollicer  until  that  grand  imiuest  of  (lie  nation 
should  demand  his  trial,  llow  far  fortunate, 
(U"  otherwise,  (he  convention  may  have  been  in 
tho  selection  of  its  tribunal  for  the  trial  of  im- 
peachments, it  was  not  for  him,  Mr.  II,,  to  say. 
It  was  not  for  him  to  say  how  far  the  rc<iuisi(o 
neiUralily  (owanls  (hose  whose  ccniduct  may 
be  under  scrnliny,  may  be  foiuid,  or  has  been 
found,  in  (his  body.  llu(  he  nius(  take  leave  to 
say,  that  if  a  public  man  may  be  virtually  im- 
peachetl — actually  condemned  by  (he  Senate  tif 
an  impeachable ollence,  withoiu  the  in(erven(ion 
of  the  House  of  Ilenresentatives.  then  has  the 
cons(i(u(ion  failed  a(  oneof  i(s  mos(  vi(al  jioints, 
and  a  ready  means  fountl  for  doing  a  thing 
which  had  Ailed  other  countries  with  peraccu 


U 


432 


THIRTY  YEARS*  VIEW. 


u 


tion,  faction,  and  violence,  and  which  it  was 
intended  should  never  be  done  here. 

"  Mr.  B.  called  upon  the  Senate  to  recollect 
what  was  the  feature  in  the  famous  court  of 
the  Star  Chamber,  which  rendered  that  court 
the  most  odiotis  tnat  ever  sat  in  England.    It 
was  not  the  mass  of  its  enormities — great  as 
they  were — for  the  regular  tribunals  which  yet 
existed,  exceeded  that  court,  both  in  the  mass 
and  in  the  atrocity  of  their  crimes  and  oppres- 
sions.   The  regular  courts  in  the  compass  of  a 
single  reign — that  of  James  the  Second ;  a  sin- 
gle jndge.  in  a  single  riding — Jeffries,  on  the 
Westcni  Circuit — surpassed  all  the  enormities 
of  the  Star  Chamber,  in  the  whole  course  of  its 
existence.     What  then  rendered  that  court  so 
intolerably  odious  to  the  English  people?    Sir, 
said  Mr.  li.,  it  was  because  that  court  had  no 
grand  jury — because  it  proceeded  without  pre- 
sentment, without  inaictment — upon  informa- 
tion alone — and  thus  got  at  its  victims  without 
the  intervention,  without  the  restraint,  of  an 
accusing  body.    This  is  the  feature  which  sunk 
the  Star  Chamber  in  England.    It  is  the  feature 
which  no  criminal  tribunal  in  this  America  is 
allowed  to  possess.     The  most  inconsiderable 
offender,  in  any  State  of  the  Union,  must  be 
charged  by  a  grand  jury  before  he  can  be  tried 
by  the  court.    In  this  Senate,  sitting  as  a  high 
court  of  impeachment,  a  charge  must  first  be 
presented  by  the   House  of  Representatives, 
sitting  as  the  grand  inquest  of  the  nation.     But 
if  the  Senate  can  proceed,  without  the  inter- 
vention of  this  grand  inquest,  wherein  is  it  to 
dilfer  from  the  Star  Chamber,  except  in  the 
mere  execution  of  its   decrees  ?     And  what 
other  execution  is  now  required  for  delinquent 
public  men,  than  the  force  of  public  opinion  ? 
No  !  said  Mr.  B.,  we  live  in  an  ago  when  public 
opinion  over  public  men,  is  omnipotent  and  ir- 
reversible ! — when  public  sentiment  annihilates 
a  public  man  more  effectually  than  the  scaffold. 
To  this  new  and  omnipotent  tribunal,  all  the 
public  men  of  Europe  and  America  are  now 
happily  subject.    The  fiat  of  public  opinion  has 
superseded  the  axe  of  the  executioner.    Struck 
by  that  opinion,  kings  and  emperors  in  Europe, 
and  the  highest  functionaries  among  ourselves, 
fall  powerless  from  the  political  stage,  and  wan- 
der, while   their  bodies  live,  as  shadows  and 
phantoms  over  the  land.     Should  he  give  ex- 
amples ?    It  might  be  invidious  ;  yet  all  would 
recollect  an  eminent  example  of  a  citizen,  once 
sitting  at  the  head  of  this  Senate,  afterwards 
falling  under  a  judicial  prosecution,  from  which 
he  escaped  untouched  by  the  sword  of  thf  'aw, 
yet  that  eminent  citizen  was  more  utterly  an- 
nihilated b^  public  opinion,  than  any  execution 
of  a  capital  sentence  could  ever  have  accom- 
plished upon  his  name. 

"What  occasion  then  has  the  Senate,  sitting 
as  a  court  of  impeachment,  for  the  power  of 
execution?  The  only  effect  of  a  regular  im- 
peachment now,  is  to  remove  from  ufHoe,  and 
disqualification  for  office.  An  irregular  impeach- 


ment will  be  tantamount  to  removal  and  dis- 
qualification, if  the  justice  of  the  sentence  is 
confided  in  by  the  people.  If  this  condemn  ation 
of  the  President  had  been  pronotinced  in  tlie 
first  term  of  his  administration,  and  the  people 
had  believed  in  the  truth  and  justice  of  the  sen- 
tence, certainly  President  Jackson  would  not 
have  jeen  elected  a  second  time;  and  every 
objr  d  that  a  political  rival,  or  a  political  party, 
cciiid  have  wished  from  his  removal  fr  m  office, 
and  disojualification  for  otRcc,  would  Luve  liecn 
accomplished.  Disqualification  for  office — loss 
of  public  favor — political  death — is  now  the 
object  of  political  rivalship;  and  aK  this  can  bo 
accomplished  by  .in  informal,  as  well  as  by  a 
formal  impeachment,  if  the  sentence  is  only  con- 
fided in  by  the  people.  If  the  people  believed 
that  the  President  has  violated  the  constitution 
and  the  laws,  he  ceases  to  be  the  object  of  their 
respect  and  their  confidence ;  he  loses  their 
favor ;  he  dies  a  political  death  ;  and  that  this 
might  be  the  object  of  the  resolution,  Mr.  B. 
would  leave  to  the  determination  of  those  wlio 
should  read  the  speeches  which  w  re  delivered 
in  support  of  the  measure,  and  which  would 
constitute  a  public  and  lasting  monument  of 
the  temper  in  which  the  resolution  was  jiie- 
sented,  and  the  object  intended  to  be  accom- 
plished by  it. 

"It  was  in  vain  to  say  there  could  be  no 
object,  at  this  time,  in  annihilating  the  puliticnl 
influence  of  President  Jackson,  and  killing  hiin 
off  as  a  public  man,  with  a  senatorial  conviction 
for  violating  the  laws  and  constitution  of  tiii> 
country.  Such  an  .issertion,  if  ventui-ed  uprm 
by  any  one,  would  stand  contradicted  by  facts, 
of  which  Europe  and  America  are  witnesses. 
Does  he  not  stand  between  the  country  and  tlio 
bank  ?  Is  he  not  proclaimed  the  sole  obstacle 
to  the  recharter  of  the  bank  ;  and  in  its  rechartcr 
is  there  not  wrapped  up  the  destinies  of  a  poli- 
tical party,  now  panting  for  power  ?  Koniuve 
this  sole  obstacle — annihilate  its  influence — kill 
ott'  President  Jackson  with  a  sentence  of  con- 
demnation for  a  high  crime  and  misdemeanor, 
and  the  charter  of  the  bank  will  be  renewed,  and 
in  its  renewal,  a  political  party,  now  thundering 
at  the  gates  of  the  capitol,  will  leap  into  power. 
Here  then  is  an  object  for  desiring  the  extinction 
of  the  political  influence  of  President  Jaclvson! 
An  object  large  enough  to  be  seen  l)y  all  Ameri- 
ca !  and  attractive  enough  to  enlist  the  combined 
interest  of  a  great  moneyed  power,  and  of  a  great 
political  party." 

Thus  spoke  Mr.  Benton ;  but  the  debate  on 
the  protest  went  on ;  and  the  motion  of  Mr. 
Poindexter,  digested  into  four  difl'erent  propo- 
sitions, after  undergoing  rcj)eatcd  modification.'! 
upon  consultations  among  its  friend?,  and  after 
niuch  acrimony  on  both  sides,  was  adopted  by 
the  fixed  majority  of  twenty-seven.  In  voting 
that  the  urotest  was  a  breach  of  the  privilepcs 


ANNO  1834.    ANDREW  JACKSON,  PRESIDE;>T. 


433 


it  to  removal  and  die- 
ice  of  the  sentence  is 
.  If  this  condempution 
«en  pronotinccd  in  the 
itration,  and  the  people 
1  and  justice  of  the  scn- 
nt  Jackson  would  not 
;cond  time;  and  every 
val,  or  a  political  party, 
his  removal  fr  m  office, 
office,  would  l.uvc  liecn 
ification  for  office — loss 
cal  death— 'S  now  the 
hip;  and  al.  this  can  be 
brmal,  as  well  as  by  a 
the  sentence  is  only  con- 

If  the  people  believed 
violated  the  constitution 
to  be  the  object  of  their 
fidence  ;  he  loses  their 
:al  death  ;  and  that  this 
if  the  resolution,  Mr.  B. 
Brmination  of  those  wIki 
les  which  w  re  delivered 
isure,  and  which  would 
d  lasting  monument  of 
the  resolution  was  pre- 

intended  to  be  accom- 

say  there  could  be  no 
annihilating  the  political 
Jackson,  and  killing  liim 
h  a  senatorial  conviction 
and  constitution  of  tiio 
rtion,  if  vcntuivd  upim 
id  contradicted  by  facts, 
America  are  witness(>i. 
veen  the  country  aiidtlio 
aimed  the  sole  obstacle 
;uik  ;  and  in  its  rechartcr 
the  destinies  of  a  poli- 
^  for  power?     Reninvo 
lilate  its  influence— kill 
vith  a  sentence  of  con- 
crime  and  misdemeaimr, 
)ank  will  be  renewed,  and 
;al  party,  now  thundering 
itol,  will  leap  into  powir. 
for  desiring  the  extiuctitm 
;e  of  President  Jackson ! 
i  to  be  seen  by  all  Anieri- 
igh  to  enlist  the  combined 
'■ed  power,  And  of  a  great 


nton  ;  but  the  debate  on 
and   the  motion  of  Mr. 

to  four  diflerent  propo- 
ig  re|)eatcd  modifications 
ong  its  friendp,  and  after 
,h  sides,  was  adopted  by 
wenty-scveii.    In  voting 

breach  of  the  privilepcs 


of  the  Senate,  that  body  virtually  affirmed  the 
impeachment  character  of  the  condemnatory 
resolutions,  and  involved  itself  in  the  predica  • 
ment  of  voting  an  impeachable  matter  withou  t 
observing  a  single  rule  for  the  conduct  of  un- 
pcachme>;ts.  The  protest  placed  it  in  a  dilemma. 
It  averred  the  Senate's  judgment  to  bo  without 
authority — without  any  warrant  in  the  consti- 
tution— any  right  in  the  body  to  pronounce  it. 
To  receive  that  protest,  and  enter  it  on  the 
journal,  was  to  record  a  strong  evidence  against 
themselves;  to  reject  it  as  a  breach  of  pri- 
vilege was  to  claim  for  their  proceeding  the 
immunity  of  a  regular  and  constitutional  act ; 
and  as  the  proceeding  was  on  criminal  matter, 
amounting  to  a  high  crime  and  misdemeanor, 
on  which  matter  the  Senate  could  only  act  in 
its  judicial  capacity  ;  therefore  it  had  to  claim 
the  immunity  that  would  belong  to  it  in  that 
capacity ;  and  assume  a  violation  of  privilege. 
Certainly  if  the  Senate  had  tried  an  impeach- 
ment in  due  form,  the  protest,  impeaching  its 
justice,  might  have  been  a  breach  of  privilege ; 
but  the  Senate  had  no  privilege  to  vote  an  im- 
peachable matter  without  a  regular  impeach- 
ment ;  and  therefore  it  was  no  breach  of  privilege 
to  impugn  the  act  which  they  had  no  privilege 
to  commit 


CHAPTER    CIV. 

1I&  WKBSTEB'S  FLAM  OF  BELIEF. 

It  has  already  been  seen  tliat  Mr.  Webster  took 
DO  direct  part  in  promoting  the  adoption  of  the 
resolutions  against  General  Jackson.  He  had 
no  private  grief  to  incite  him  against  the  Presi- 
dent; and,  as  first  drawn  up,  it  would  have 
been  impossible  for  him,  honored  with  the  titles 
of  "expounder  and  defender  of  the  constitu- 
tion," to  have  supported  the  resolve :  bearing 
plainly  on  its  face  impeachable  matter.  After 
several  modifications,  he  voted  for  it ;  but,  from 
the  beginning,  he  had  his  own  plan  in  view, 
which  was  entirely  diflerent  from  un  attack  un 
the  President ;  and  solely  looked  to  the  advan- 
tage of  the  bank,  and  the  rt'ief  of  the  di.stnss, 
in  ti  practical  and  parliamentary  mode  of  legis- 
lation. He  looked  to  a  ivnewal  of  the  bank 
charter  for  a  short  term,  and  with  such  moditi- 

Vol.  I.— 23 


cations  as  would  tend  to  disarm  opposition,  and 
to  conciliate  favor  for  it.    The  term  of  the  re- 
newal was  ou\y  to  be  for  six  years  :  a  length  of 
time  well  chosen  ;  because,  from  the  shortness 
of  the  period,  it  would  have  an  attraction  for  all 
that  class  of  members — always  more  or  less 
numerous  in  every  assembly — who,  in  every  dif- 
ficulty, are  disposed  to  temporize  and  compro- 
mise ;  while,  to  the  bank,  in  carrying  its  exist- 
ence beyond  the  presidential  term  of  General 
Jackson,  it  felt  secure  in  the  future  acquisition 
of  a  full  term.    Besides  the  attraction  in  the 
short  period,  Mr.  Webster  proposed  another 
amelioration,  calculated  to  have  serious  effect ; 
it  was  to  give  up  the  exclusive  or  monopoly 
feature  in  the  charter — leaving  to  Congress  to 
grant  any  other  charter,  in  the  mean  time,  to  a 
new  company,  if  it  pleased.    The  objectionable 
branch  bank  currency  of  petty  drafts  was  also 
given  up.     Besides  this,  and  as  an  understand- 
ing that  the  corporation  would  not  attempt  to 
obtain  a  further  existence  beyond  the  six  years, 
the  directors  were  to  be  at  liberty  to  begin 
to   return  the  capital  to  the  stockholders  at 
any  time  within  the  period  of  three  years,  be- 
fore the  expiration  of  the  six  renewed  years 
The  deposits  were  not  to  be  restoretl  until  oftei 
the  first  day  of  July  ;  and,  as  an  agreeable  con- 
cession to  the  enemies  of  small  paper  currency, 
the  bank  was  to  issue,  or  use,  no  note  under  the 
amount  of  twenty  dollars.     He  had  drawn  up  a 
bill  with  these  provisions,  and  asked  leave  to 
bring  it  in;  and,  askmg  the  leave,  made  a  very 
plausible  business  speech  in  its  favor :  the  best 
perhaps  that  could  have  beeu  devised.    In  addi- 
tion to  his  own  weight,  and  the  recommenda- 
tions in  the  bill,  it  was  understood  to  be  the 
preference  of  Mr.  Biddle  himself— his  own  choice 
of  remedies  in  the  difliculties  which  surrounded 
his  institution.     But  he  met  opposition  from 
quarters  not  to  be  exiKJCted:  from  Mr.  Clay,  who 
wei>t  for  the  full  term  of  twenty  years ;  and 
Mr.  Calhoun,  who  went  fur  twelve.     It  was  dif- 
ficult to  comprehend  why  these  two  gentlemen 
should  wish  to  procure  for  the  bank  more  than 
it  asked,  and  which  it  was  manifestly  impossible 
for  It  to  gain.     Mr.  Webster's  bill  was  the  only 
one    that  stood   the    leiist   chance   of  getting 
through  the  two  Houses;  and  on  that  point  he 
hud  private  assurances  of  support  from  frieivds 
of  the  administration,  if  all  the  friends  of  the' 
bank  stood  firm     In  favoring  this  charter  for- 


434 


THIRTY  YEARS'  VIEW. 


life.  i\ 


twelve  years,  Mr.  Cnlhotin  felt  that  an  explana- 
tion of  his  conduct  was  duo  to  tho  public,  as  he 
was  well  known  to  have  beon  opposed  to  the 
renewed  charter,  when  so  vehemently  attempt- 
ed, in  1832 ;  and  also  against  banks  generally. 
His  explanation  was,  that  he  considered  it  a 
currency  question,  and  a  question  between  the 
national  and  local  banks ;  and  that  the  renewed 
charter  was  to  operate  against  them ;  and,  in 
winding  itself  up,  was  to  cease  for  ever,  having 
first  established  a  safe  currency.  His  frequent 
expression  wr.s,  that  his  plan  was  to  "  unbank 
the  banks : "  a  process  not  very  intelligibly  ex- 
plained at  the  time,  and  on  which  he  should  be 
allowed  to  s[)cak  for  himself.  Some  passages 
are,  therefore,  given  from  his  speech : 

"  After  a  full  survey  of  the  whole  subject,  I 
can  see  no  means  of  extricating  the  country 
fi-om  its  present  danper,  and  to  arrest  its  fur- 
ther increase,  but  a  bank,  the  agency  of  which, 
in  some  form,  or  imder  some  authority,  is  indis- 
pensable. Till'  country  has  been  brought  into 
the  present  diseased  state  of  the  currency  by 
banks,  and  must  be  extricated  by  their  agency. 
We  must,  in  a  word,  use  a  bank  to  unbank  the 
banks,  to  tlic  extent  that  may  be  necessary  to 
restore  a  safe  and  stable  currency — just  as  we 
apply  snow  to  a  frozen  limb,  in  order  to  restore 
vitality  and  circulation,  or  hold  up  a  bum  to 
the  flame  to  extract  the  inflammation.  All  must 
see  tli.-it  it  is  impossible  to  suppress  the  bank- 
ing system  at  once.  It  must  continue  for  a  time. 
Its  presitest  enemies,  and  the  advocates  of  an 
exclusive  specie  circulation,  must  make  it  a  part 
of  their  system  to  tolerate  the  banks  for  a  longer 
jr  a  shorter  jjeriod.  To  suppress  them  at  once, 
would,  if  it  wore  possible,  work  a  greater  revolu- 
tion :  a  greater  change  in  the  relative  condition 
of  the  various  classes  of  the  community  than 
wouW  the  coiKjiiest  of  the  coimtry  by  a  savage 
enemy.  What,  then,  must  be  done  ?  I  answer, 
a  new  and  safe  system  must  gradually  grow  np 
under,  and  replace,  the  old ;  imitating,  in  this 
respect,  the  beautiful  process  which  we  some- 
times see,  of  a  wounded  or  di.sea.scd  part  in  a 
living  organic  body,  gradually  superseded  by  the 
healing  process  of  nature. 

"  IIow  is  this  to  be  efl'ectcd  ?  IIow  is  a  bank 
to  be  used  as  the  means  of  correcting  the  excess 
of  the  banking  systc.j  ?  And  what  bank  is  to 
be  selected  as  the  agent  to  elfect  this  salutary 
change  ?  1  know,  said  Mr.  C,  that  a  diversity 
of  opinion  will  be  found  to  exist,  as  to  the  agent 
to  bo  selected,  among  those  who  agree  on  every 
other  point,  and  who,  in  particular,  agree  on  the 
necessity  of  using  some  bank  as  the  means  of 
eifeoting  the  olyect  intended  ;  one  preferring  a 
simple  recharter  of  the  existing  bank — another, 
the  cliarter  of  a  new  biuik  of  the  United  States 
— a  third,  u  new  bank  ingrafted  upon  the  old —  i 


and  a  fourth,  the  use  of  tho  State  banks,  as  the 
agent.  I  wish,  said  Mr.  C,  to  leave  all  these  as 
open  qnestions,  to  bo  carefully  surveyed  and 
compared  with  each  other,  calmly  and  dispas- 
sionately, without  prejudice  or  party  feeling ;  and 
that  to  be  selected  which,  on  tho  whole,  nhall 
appear  to  bo  best — the  most  safe;  the  mo.'it 
efficient ;  the  most  prompt  in  application,  and 
the  least  liable  to  constitutional  objection.  It 
would,  however,  bo  wanting  in  candor  on  my 
part,  not  to  declare  that  my  impression  is,  that 
a  new  Bank  of  tho  United  States,  ingrafted  upon 
the  old,  will  be  found,  under  all  the  circum- 
stances of  the  case,  to  combine  the  greatest  ad- 
vantages, and  to  be  liable  to  the  fewest  objec- 
tions ;  but  this  impression  is  not  so  firmly  fixed 
as  to  be  inconsistent  with  a  calm  review  of  the 
whole  ground,  or  to  prevent  my  yielding  to  the 
conviction  of  reason,  should  the  result  of  such 
review  prove  that  any  other  is  preferable. 
Among  its  peculiar  recommendations,  may  be 
ranked  the  consideration,  that,  while  it  would 
afford  the  means  of  a  prompt  and  cfiectual  ap- 
plication for  mitigating  and  finally  removing  the 
existing  distress,  it  would,  at  the  same  time, 
open  to  the  whole  community  a  fair  opportu- 
nity of  participation  in  the  advantages  of  the 
institution,  be  they  what  they  may. 

"Let  us  then  suppose  (in  order  to  illustrate 
and  not  to  indicate  a  perference)  that  tho  pre- 
sent bank  be  selected  as  the  agent  to  effect  the 
intended  object.  What  provisions  will  be 
necessary  ?  I  will  suggest  those  that  have  oc- 
curred to  me,  mainly,  however,  with  a  view  of 
exciting  the  reflection  of  those  much  more  fa- 
miliar with  bankingoperations  than  myself,  and 
who,  of  course,  are  more  competent  to  form  a 
correct  judgment  on  their  practical  effect. 

"  Let,  then,  the  bank  charter  be  renewed  for 
twelve  years  after  the  expiration  of  the  present 
term,  with  such  modifications  and  limitations  as 
may  be  judged  proper,  and  that  after  that  period, 
it  shall  issue  no  notes  under  ten  dollars ;  that 
government  shall  not  receive  in  its  dues  any 
sum  less  than  ten  dollars,  except  in  the  legal 
coins  of  the  United  States ;  that  it  shall  not 
receive  in  its  dues  the  notes  of  any  bank  that 
issues  notes  of  a  denomination  less  than  ffvc 
dollars;  and  that  the  United  States  Bank 
shall  not  receive  in  payment,  or  on  deposit,  the 
notes  of  any  bank  whose  notes  are  not  receiv- 
able in  dues  of  the  government ;  nor  tho  notes 
(»fany  bank  which  nuiy  receive  the  notes  of  any 
bank  whose  notes  are  not  receivable  by  the  gov- 
ernment. At  the  expinition  of  six  years  from  the 
commencement  of  the  renewed  charter,  let  tho 
bank  be  prohibited  from  issuing  any  note  un- 
der twenty  dollars,  and  let  no  sum  tnider  tliat 
amount  be  received  in  the  dues  of  the  jiovern- 
ment,  except  in  specie ;  and  let  the  value  of 
gold  Ih?  raised  at  least  equal  to  that  of  silver, 
to  take  eUect  immediately,  so  that  the  country 
may  l»e  replenished  with  the  coin,  the  lightest 
anil  the  most  portable  in  proportion  to  its  value, 
to  take  the  place  of  the  receding  bank  not«B. 


ANNO  1834.    ANDREW  JACKSON,  PRESIDENT. 


439 


)f  the  State  banks,  as  the 
r.  C,  to  leave  all  these  as 
(  carefully  surveyed  and 
other,  calmly  and  dispas- 
udice  or  party  feeling ;  and 

hich,  on  the  whole,  shall 
he  most  safo;  the  most 
•ompt  in  application,  and 
Htitutional  objection,  it 
anting  in  candor  on  my 
at  my  impression  is,  that 
tod  States,  ingrafted  upon 
i.  under  all  the  circum- 
combine  the  greatest  ad- 
able  to  the  fewest  objec- 
sion  is  not  so  firmly  iixed 
rith  a  calm  review  of  the 
•event  my  yielding  to  the 
hould  the  result  of  such 
iny  other  is  preferable, 
ecommcndations,  may  be 
ion,  that,  while  it  would 
prompt  and  effectual  ap- 

and  finally  removing  the 
ould,  at  the  same  time 
mmunity  a  fair  opportu- 
n  the  advantages  of  the 
lat  they  may. 
se  (in  order  to  illustrate 
3erference)  that  the  pro- 
is  the  agent  to  effect  the 
hat  provisions  will  be 
rpcst  those  that  liavc  oc- 
however,  with  a  view  of 
of  those  much  more  fa- 
lerations  than  myself,  and 
)re  competent  to  form  a 
leir  practical  effect. 
;  charter  be  renewed  for 
expiration  of  the  present 
cations  and  limitations  as 
ind  that  after  that  period, 

under  ten  dollars ;  that 

receive  in  its  dues  any 
ars,  except  in  the  legal 
tatcs;  that  it  shall  not 
!  notes  of  any  bank  that 
mination  less  than  fire 
ic  I'nitcd  States  Bank 
rment,  or  on  deposit,  the 
me  notes  are  not  receiv- 
ernuK'nt ;  nor  the  notes 
'  receive  the  notes  of  any 
ot  receivable  by  the  gov- 
tion  of  eix  years  from  the 
renewed  charter,  let  the 
in  issuing  any  note  un- 
I  let  no  siitu  under  that 
the  (lues  of  the  ^ovem- 

;  an<l  lot  tho  value  of 
L'quul  to  that  of  silver, 
I'ly.  80  that  the  country 
Lh  the  coin,  the  lightest 
ri  proportion  to  its  value, 
13  receding  bank  notes. 


It  is  unnecessary  for  me  to  state,  that  at  pre- 
sent, the  standard  value  of  gold  is  several  per 
cent,  less  than  that  of  silver,  the  necessary  ef- 
fect of  which  has  been  to  expel  gold  entirely 
from  our  circulation,  and  thus  to  deprive  us  of 
(  coin  ^o  well  calculated  for  the  circulation  of 
a  country  so  great  in  extent,  and  having  so  vast 
an  intercourse,  commercial,  social,  and  political, 
k'tween  all  its  parts,  as  ours.  As  an  addition- 
al recommendation  to  raise  its  relative  value, 
gold  has,  of  late,  become  an  important  product 
of  three  considerable  States  of  the  Union.  Vir- 
ginia, North  Carolina,  and  Georgia — to  tne  in- 
dustry of  which,  the  measure  proposed  would 
give  a  strong  impulse,  and  which  in  turn  would 
greatly  increase  the  quantity  produced. 

"  Such  are  the  meanij  which  have  occurred  to 
me.  There  are  members  of  this  body  far  more 
competent  to  judge  of  their  practical  operation 
than  myself,  »nd  as  my  object  is  simply  to  sug- 
gest them  for  their  reflection,  and  for  that  of 
others  who  are  more  familiar  with  this  part  of 
tlie  qiibjcct,  I  will  not  at  present  enter  into  an 
inquiry  as  to  their  efficiency,  with  a  view  of 
determining  whether  they  are  fully  adequate 
to  effect  the  object  in  view  or  not.  There  are 
doubtless  othera  of  a  similar  description,  and 
perhaps  more  efiicacious,  that  may  occur  to  the 
experienced,  which  I  would  freely  embrace!,  as 
my  object  is  to  adopt  the  best  and  most  effi- 
cient And  it  may  be  hoped  that,  if  on  expe- 
rience it  should  be  found  that  neither  these  pro- 
visions nor  any  other  in  the  power  of  Congress, 
are  fully  adequate  to  effect  the  important  re- 
form wiiich  I  have  proposed,  the  co-operation 
of  the  States  may  be  afforded,  at  least  to  the 
extent  of  suppressing  the  circulation  of  notes 
under  five  dollars,  where  such  are  permitted  to 
bo  issued  under  tneir  authority." 

The  ultimate  object  proposed  to  be  accom- 
plished by  Mr.  Calhoun  in  this  process  of  *'  un- 
banking  the  banks,"  was  to  arrive  eventually, 
and  by  slow  degrees,  at  a  metallic  currency,  and 
the  revival  of  gold.  This  had  l)cen  my  object, 
and  so  declared  in  the  Senate,  from  the  time  of 
the  first  opposition  to  the  United  States  Hank, 
lie  had  talked  his  plan  over  to  myself  and  others: 
we  had  talked  over  ours  to  him.  There  was  a 
point  at  which  we  all  agreed — the  restoratioh  of  a 
metallic  currency ;  but  differed  about  the  means 
—he  expecting  to  attain  it  slowly  and  cvontu- 
ally,  through  the  process  which  he  mentioned ; 
and  we  immediately,  through  the  revival  of  the 
gold  currency,  the  extinction  of  Mu"  Bank  of  the 
United  States,  the  establishment  of  an  indepen- 
dent treasury,  and  the  cxclusicm  of  all  {mper 
money  from  the  federal  receipts  and  payments. 
Laying  hold  of  the  point  on  which  we  agreed, 
(and  which  was  also  the  known  policy  of  the 


President),  Mr.  Calhoun  appealed  to  Mr.  Silas 
Wright  and  myself  and  other  friends  of  the  ad> 
ministration,  to  support  his  plan.     He  said : 

"If  I  understand  their  views,  as  expressed 
by  the  senator  from  Missouri,  behind  me  fMr. 
Benton) — the  senator  from  New-York  (Mr. 
Wright) ;  and  other  distinguished  members  of 
the  party,  and  the  views  of  the  President,  as 
expressed  in  reported  conversations,  1  see  not 
how  they  can  reject  the  measure  (to  wit :  his 
plan).  They  profess  to  be  the  advocates  of  a 
metallic  currency.  I  propose  to  icstore  it  by 
the  most  efiectual  measures  that  can  be  devised ; 
gradually  and  slowly,  and  to  the  extent  that 
experience  may  show  that  it  can  be  done  con- 
sistently with  due  regard  to  the  public  interest. 
Further,  no  one  can  desire  to  go." 

The  reference  here  made  by  Mr.  Calhoun  to 
the  views  of  the  senator  from  Missouri  was  to 
'^onrorsations  held  between  them;  in  which 
each  frcr-Iy  communicated  his  own  plan.  Mr. 
Benton  had  not  then  brought  forward  his  pro- 
position for  the  revival  of  the  gold  currency ; 
but  did  so,  (in  a  speech  which  he  had  studied), 
the  moment  Mr.  Calhoun  concluded.  That  was 
a  thing  understood  between  them.  Mr.  Cal- 
houn had  signified  his  wish  to  speak  first ;  to 
which  Mr.  Benton  readily  assented :  and  both 
took  the  opportunity  presented  by  Mr.  Web- 
ster's motion,  and  the  presentation  of  his  plan, 
to  present  their  own  respectively.  Mr.  Benton 
presented  his  the  moment  Mr.  Calhoun  sat 
down,  in  a  much  considered  speech,  which  will 
be  given  in  the  next  chapter ;  and  which  was 
the  first  of  his  formal  speeches  in  favor  of  re- 
viving the  gold  currency.  In  the  mean  time, 
Mr.  Webster's  plan  lingered  on  the  motion  for 
leave  to  bring  in  his  bill.  That  leave  was  not 
granted.  Things  took  a  strange  turn.  The 
friends  of  the  bank  refused  in  a  body  to  give 
Mr.  Webster  the  leave  asked:  the  enemies  of 
the  bank  were  in  favor  of  giving  him  the  leave — 
chiefiy,  perhaps,  because  his  friends  refused  it. 
In  this  state  of  contrariety  among  his  friends, 
Mr.  Webster  moved  to  lay  his  own  motion  on 
the  table ;  and  Mr.  Forsyth,  to  show  that  this 
balk  came  from  his  own  side  of  the  chamber, 
asked  the  yeas  and  nays ;  which  were  granted 
and  were  as  follows : 

'*  Yeas. — Messrs  Black,  Calhoun,  Clay,  Clay- 
ton, Ewing,  Frelinghuysen,  Hendricks,  King 
of  Georgia,  Mangum,  Moore,  Naudain,  Poindex- 
ter,  Porter,  Prentiss,  Preston,  liobbins,  Sil» 


It 


i< 


fl 


if, 


V' 


m 


I: 


F4  ^  ^  'i»;is  - 


436 


THIRTY  YEARS'  VIEW. 


bee,  Smith,  Southard,  Sprague,  Swift,  Tomlin- 
Bon,  Waggaman,  Webster. 

"Nays. — MesBrs.  Benton,  Brown,  Forsyth, 
Grundy,  Hill,  Kane,  King  of  Alabama,  Morris, 
[Robinson,  Shepley,  Tallmadge,  Tipton,  White, 
Wilkins,  WrigW' 

The  excuse  for  the  movement — for  this  un- 
expected termination  to  Mr.  Webster's  motion 
—was  that  the  Senate  might  proceed  with  Mr. 
Clay's  resolution  against  General  Jackson,  and 
come  to  a  conclusion  upon  it.  It  was  now  time  for 
that  conclusion.  It  was  near  the  last  of  March, 
and  the  Virginia  elections  came  on  in  April : 
but  the  real  cause  for  Mr.  Webster's  motion 
was  the  settled  opposition  of  his  political  friends 
to  his  plan ;  and  that  was  proved  by  its  subse- 
quent fate.  In  his  motion  to  lay  his  application 
on  the  table,  he  treated  it  as  a  temporary  dis- 
position of  it — the  application  to  be  renewed 
•t  some  future  time :  which  it  never  was. 


CHAPTER    CV. 

BEVIVAL  OP  THE  GOLD  CURRENCY-MR    BEN- 
TON'S  SPEECU. 

Mr.  Benton  said  it  was  now  six  years  since  he 
had  begun  to  oppose  the  renewal  of  the  charter 
of  this  bank,  but  he  bad  not,  until  the  present 
moment,  found  a  suitable  occasion  for  showing 
the  people  the  kind  of  currency  which  they 
were  entitled  to  possess,  f.nd  probably  would 
possess,  on  the  dissolution  of  the  Bank  of  the 
United  States.  This  was  a  view  of  the  subject 
which  many  wished  to  see,  and  which  he  felt 
bound  to  give ;  and  which  he  should  proceed 
to  priisent,  with  all  the  brevity  and  perspicuity 
of  which  he  was  master. 

1.  In  the  first  place,  he  was  one  of  those  who 
believed  that  the  government  of  the  United 
States  was  intended  to  be  a  hard  money  govern- 
ment :  that  it  was  the  intention,  and  the  decla- 
ration of  the  constitution  of  the  United  States, 
that  the  federal  currency  should  consist  of  gold 
and  silver ;  and  that  there  is  no  power  in  Con- 
gress to  issue,  or  to  authorize  any  company  of 
individuals  to  issue,  any  species  of  federal  paper 
currency  whatsoever. 

£very  clause  in  the  constitution,  said  Mr.  B., 
irhich  bears  upon  the  subject  of  money — every 


early  statute  of  Congress  which  interprets  the 
meaning  of  these  clauses — and  every  historic 
recollection  which  refers  to  them,  go  hand  in 
hand,  in  giving  to  that  instrument  the  meaning 
which  this  proposition  ascribes  to  it.  The 
power  granted  to  Congress  to  coin  money  is  an 
authority  to  stamp  metallic  money,  and  is  not 
an  authority  for  emitting  slips  of  paper  contain- 
ing promises  to  pay  money.  The  authority 
granted  to  Congress  to  regulate  the  value  of 
coin,  is  an  authority  to  regulate  the  value  of  the 
metallic  money,  not  of  paper.  The  prohibition 
upon  the  States  against  making  any  thing  but 
gold  and  silver  a  legal  tender,  is  a  moral  pro- 
hibition, founded  in  virtue  and  honesty,  and  is 
just  as  binding  upon  the  federal  government  as 
upon  the  State  governments ;  and  that  without 
a  written  prohibition ;  for  the  difference  in  the 
nature  of  the  two  governments  is  such,  that  the 
States  may  do  all  things  which  they  \\rc  not 
forbid  to  do ;  and  the  federal  governme  nt  can 
do  nothing  which  it  is  not  authorized  by  the 
constitution  to  do.  The  power  to  punish  the 
crime  of  counterfeiting  is  limited  to  the  current 
coin  of  the  United  States,  and  to  the  securities 
of  the  Ui)ited  Staiea  ;  and  cannot  be  extended 
to  the  offenc?  of  forging  paper  money,  but  by 
that  unjustifiable  power  of  construction  which 
founds  an  implication  upon  an  implication,  and 
hangs  one  implied  power  upon  another.  T)ie 
word  currency  :s  not  in  the  constitution,  nor 
any  word  which  can  be  made  to  cover  a  circu- 
lation of  bank  notes.  Gold  and  silver  is  the 
only  thing  recognized  for  money.  It  is  the 
money,  and  the  only  money,  of  the  constitution ; 
and  every  historic  recollection,  as  well  as  every 
phrase  in  the  constitution,  and  every  early  stii- 
tute  on  the  subject  of  money,  confirms  that 
idea.  People  were  sick  of  paper  money  about 
the  time  that  this  constitution  was  formed. 
The  Congress  of  the  confederation,  in  the  time 
of  the  Revolution,  had  issued  a  currency  of  pajier 
money.  It  had  run  the  full  career  of  that  cur- 
rency. The  wreck  of  two  hundred  millions  of 
paper  dollars  lay  upon  the  land.  The  framers 
uf  that  constitution  worked  in  the  midst  of 
that  wreck.  They  saw  the  havoc  which  paper 
money  had  made  upon  the  fortunes  of  individu- 
als, and  the  morals  of  the  public.  They  deter 
mined  to  have  no  more  federal  paper  money. 
They  created  a  hard  money  government ;  they 
intended  the  new  government  to  recognize  no- 


ANNO  1834.     ANDREW  JACKSON,  PRESIDENT. 


437 


ress  which  interprets  the 
uses — and  every  historic 
fers  to  them,  go  hand  in 
t  instrument  the  meaning 
on  ascribes  to  it.  The 
igress  to  coin  money  is  an 
Btallic  money,  and  is  not 
ing  slips  of  paper  contain- 

money.  The  authority 
to  regulate  the  value  of 
9  regulate  the  value  of  tho 
f  paper.  The  prohibition 
ist  making  any  thing  but 
al  tender,  is  a  moral  pro- 
irtue  and  honesty,  and  ig 
the  federal  government  as 
imcnts ;  and  that  without 
1  for  the  diiference  in  the 
crnroents  is  such,  that  the 
lings  which  they  tvre  not 
e  federal  government  can 
is  not  authorized  by  the 
"he  power  to  punish  the 
;  is  limited  to  the  current 
ites,  and  to  the  securities 
;  and  cannot  be  extended 
ing  paper  money,  but  by 
er  of  construction  which 
upon  an  implication,  and 
wer  upon  another.    The 

in  the  constitution,  nor 
e  made  to  cover  a  circu- 

Gold  and  silver  is  the 
1  for  money.  It  is  the 
oney,  of  the  constitution ; 
)llection,  as  well  as  every 
Lion,  and  every  early  stii- 
of  money,  conflrms  that 
jk  of  paper  money  about 
onstitution  was  formed, 
onfederation,  in  the  time 
issued  a  currency  of  pa|«r 
le  full  career  of  that  cur- 
two  hundred  millions  of 

tho  land.  The  framcrs 
rvorked  in  the  midst  of 
r  the  havoc  which  paper 

the  fortunes  of  individu- 
the  public.  They  deter 
re  federal  paper  money, 
loncy  government ;  they 
mmcnt  to  recognize  no- 


thing for  money  but  gold  and  silver ;  and  every 
word  admitted  into  tho  constitution,  upon  the 
subject  of  money,  defines  and  establishes  that 
sacred  intention. 

legislative  enactment,  continued  Mr.  B.,  came 
quickly  to  tho  aid  of  constitutional  intention 
and  t'.istoric  recollection.  The  f\flh  statute 
passed  at  the  first  session  of  the  '!irst  Congress 
that  ever  sat  under  thr  present  constitution, 
vfo-s  full  and  explicit  on  this  beau,  it  defined 
the  l(ind  of  money  which  tho  federal  treasury 
should  receive.  The  enactments  of  the  statute 
are  ren\arkable  for  their  brevity  and  compre- 
hension, as  well  as  for  their  clear  interpretation 
of  the  constitution  ;  and  deserve  to  be  repeated 
and  remembered.  They  are :  That  the  fees  and 
duties  payable  to  the  federal  government  shall 
be  received  in  gold  and  silver  coin  only ;  tho 
gold  coins  of  Franco,  Spain,  Portugal,  and  Eng- 
land, and  all  other  gold  coins  of  equal  fmeness, 
at  eighty-nine  cents  for  every  pennyweight; 
the  Mexican  dollar  at  one  hundred  cents ;  the 
crown  of  France  at  one  hundred  and  eleven 
cents ;  and  all  other  silver  coins  of  equal  fine- 
ness, at  one  !iundred  and  eleven  cents  per  ounce. 
Thl;;  ;.Uiiute  was  passed  the  30th  day  of  July, 
1789— just  one  month  after  Congress  had  com- 
menced the  work  of  legislation.  It  shows  the 
sense  of  the  Congress  comftosed  of  the  men,  iu 
great  part,  who  had  framed  the  constitution,  and 
who,  by  using  the  word  only,  clearly  expressed 
their  intention  that  gold  and  silver  alone  was 
to  constitute  the  currency  of  tho  new  govern- 
ment. 

In  support  of  this  construction  of  the  consti- 
tion,  Mr.  B.  referred  to  the  phrase  so  often  used 
by  our  most  aged  and  eminent  statesmen,  that 
this  was  intended  to  be  a  hard  mon'^y  govern- 
ment. Yes,  said  Mr.  B.,  tho  framers  of  the 
constitution  were  hard  money  men ;  but  the 
chief  expounder  and  executor  of  that  constitu- 
tion was  not  a  hard  money  man,  but  a  paiwr 
system  man  !  a  man  devoted  to  tho  paper  system 
jf  Fingland.  with  all  the  firmness  of  conviction, 
and  all  tho  fervor  of  enthusiasm.  God  forbid, 
said  Mr.  B.,  that  I  should  do  injustice  to  Gen. 
Hamilton — that  I  should  say,  or  insinuate,  aught 
to  derogate  from  the  just  fume  of  that  great 
man  !  He  has  many  titles  to  the  gratitude  and 
admiration  of  his  countrymen,  and  the  heart 
could  not  be  American  which  could  dishonor  or 
disparr^ge  his  memory.    But  his  ideas  of  govern- 


ment did  not  receive  the  sanction  of  general 
approbation  ;  and  of  all  his  political  tenets,  his 
attachment  to  the  paper  system  was  most 
strongly  opposed  at  the  time,  and  has  produced 
the  most  lasting  and  deplorable  results  upon  the 
country.  In  the  year  1791,  this  great  man, 
then  Secretary  of  the  Treasury,  brought  forward 
his  celebrated  plan  for  the  support  of  public 
credit — that  plan  which  unfolded  the  entire 
scheme  of  the  paper  system,  and  immediately 
developed  the  grettt  political  line  between  the 
federalists  and  the  republicans.  The  establish- 
ment of  a  national  bank  was  the  leading  and  pre- 
dominant feature  of  that  plan  ;  and  the  original 
report  of  the  Secretary,  in  favor  of  establisiiing 
the  bank,  contained  this  f^tol  and  deplorable 
recommendation : 

"  The  bills  and  notes  of  the  bank,  originally 
made  payable,  or  which  shall  have  become  pay- 
able, on  demand,  in  gold  and  silver  coin,  shall 
be  receivable  in  all  payments  to  the  United 
SUtes." 

This  fatal  recommendation  beoime  a  clause  in 
the  charter  of  the  bank.  It  was  transferred 
from  the  rep'jrt  of  the  Secretary  to  the  jHiges  of 
the  statute  book ;  and  from  that  moment  the 
moneyed  character  of  the  federal  government 
stood  changed  and  reversed.  Federal  bank  notes 
took  the  place  of  hard  money ;  and  the  whole 
edifice  of  the  new  government  slid,  at  once,  from 
the  solid  rock  of  gold  and  silver  money,  on  which 
its  framers  had  placed  it,  into  the  troubled  and 
tempestuous  ocean  of  a  paper  currency. 

Mr.  B.  said  it  was  no  answer  to  this  most 
serious  charge  of  having  changed  tho  moneyed 
character  of  the  federal  government,  and  of  the 
whole  Union,  to  say  that  the  notes  of  the  Bank 
of  the  United  States  are  not  made  a  legal  tender 
between  man  and  man.  There  was  no  necessity, 
he  said,  for  a  statute  law  to  that  ciTect ;  it  was 
sufficient  that  they  were  made  a  le;;ral  tender 
to  the  federal  government ;  the  law  of  necessity, 
far  superior  to  that  of  the  statute  book,  would 
do  the  rest.  A  law  of  tender  was  not  necessary ; 
a  forced,  incidental  tender,  resulted  as  an  inevi- 
table consequence  from  the  credit  and  circulation 
which  the  federal  government  gave  them.  What- 
ever was  received  at  the  custom-houses,  at  the 
land-offices,  at  the  post-offices,  at  the  marshals' 
and  district  attorneys'  offices,  and  iu  all  the 
variouii  dues  to  the  federal  government,  must  be 
rooeivel  and  will  be  received  by  tho  people.    It 


438 


TIIPRTY  YEARS'  VIEW, 


becomes  the  actual  nntl  practical  currency  of  thp 
land.  People  must  take  it,  or  got  nothing ;  and 
thus  the  federal  goTcmment,  establishing  a  paper 
curroncy  for  itself,  establishes  it  also  for  the 
Stat»!B  and  for  the  pco[)le ;  and  every  body  must 
use  iw  from  necessity,  whether  compelled  by  law 
or  noi. 

Mr.  B.  said  it  was  not  to  bo  supposed  that 
the  objection  which  he  now  took  to  the  uncon- 
stitutionality of  the  clause  which  mar'o  tl  e  notes 
of  the  federal  bank  a  legal  tender  to  the  federal 
government,  was  an  objection  which  could  be 
overlooked,  or  disregarded,  by  the  adersaries 
of  the  bank  in  1791.    I     raa  no';  <    irIo<  ked,  or 
d'.sregprdeu ;  >  ..  v.  iccn-   '.yi'.  .,.s»i..".v   need, 
and  combated,  ab  in  itseil  i\  w'f-»r;it-j  and  dis- 
tinct breach  ot  the  con-  itUii'VM,iroii"^  rhe  whole 
length  of  emitting  paper  mont>  ;  and  • )     -lore 
odious  and  reprehensible  because  a  privileged 
company  was  to  have  the  monopoly  of  the  emis- 
sion.    The  genius  of  Hamilton  wa.s  put  in  re- 
quisition to  answer  this  objection  ;  and  the  best 
answer  which  that  great  man  could  give  it,  was 
a  confession  of  the  omnipotence  of  the  objection, 
and  the  total  impossibility  of  doing  it  away. 
His  answer  surrendered  the  whole  question  of 
a  currency.   It  sunk  the  notes  of  the  bank,  which 
were  then  to  be  tendered  to  the  federal  govern- 
ment, to  the  condition  of  supplies  furnished  to 
the  giivernment,  and  to  be  consumed  by  it.    The 
answ  r  took  refuge  under  the  natural  power, 
inde  /.'  ndent  of  all  constitutions,  for  the  tax  re- 
oeiviT  to  receive  his  taxes  in  what  articles  he 
pleaded.    To  do  justice  to  General  Hamilton, 
and  f>  detect  and  expose  the  tnic  character  of 
this  baiik  paper,  Mr.  B.  read  a  clause  from  Gen. 
Hamilton's  reply  to  the  cabinet  opinions  of  Mr. 
Jefferson,  and  the  Attorney  General  Randolph, 
when  President  Washington  had  the  charter  of 
the  first  bank  under  advisement  with  his  Sec- 
retaries.   It  was  the  clause  in  which  General 
Hamilton  replied  to  the  objection  to  the  con- 
stitutionality of  making  the  notes  of  thi   bank 
receivable  in  payment  of  public  dues.    "  To 
designate  or  appoint  the  money  or  thing  in  which 
taxes  are  to  be  paid,  is  not  only  a  proper,  but  a 
necessary  exercise  of  the  power  of  collecting 
them.     Accordingly,  Congress,  in  the  law  con- 
cerning the  colled  ion  of  the  duties,  imposts,  and 
tonnage,  has  pinvided  that  they  shall  be  pay- 
able in  gold  and  silver.     But,  while  it  was  an 
indibQcnsablo  part  of  the  work  to  say  in  what 


they  should  b"  paid,  the  choice  of  the  snecifio 
thing  was  ft  mere  matter  of  discretion.  The 
payment  might  have  been  required  in  the  com- 
modities themselves.  Taxes  in  kind,  however 
ill  judged,  are  not  without  precedents,  even  in 
the  United  States ;  or  it  might  have  been  in  the 
paper  money  of  the  several  States  j  or  in  the  hijlii 
of  the  Bank  of  North  America,  New-York,  and 
Massachusetts,  all,  or  either  of  tliem  ;  it  'night 
have  been  in  bills  issued  under  the  authority  of 
the  United  States.  No  part  of  this,  it  is  pre- 
sumed, can  be  disputed.  The  appointmiiit  of 
the  money  or  thing  in  wh-ch  the  tnx«.'  an.  tc  be 
pai  1,  is  an  incident  ol'  the  power  of  collection. 
And  among  ihe  expedients  which  may  be  adopt- 
ed, is  that  of  bills  issued  under  the  authority 
of  the  Unii.cd  States."  Mr.  B.  would  read  no 
further,  although  the  argument  of  General  Ham- 
ilton extended  through  several  pages.  The 
nature  of  the  argument  is  fully  disclosed  in  what 
is  read.  It  surrenders  the  whole  question  of  a 
paper  currency.  Neither  the  power  to  furnish  u 
currency,  or  to  regulate  currency,  is  pretended  to 
be  claimed.  The  notes  of  the  new  bank  arc  put 
upon  the  footing,  not  of  money,  but  of  conuno- 
dities — things — articles  in  kind — which  the  tax 
receiver  may  accept  from  the  tax  payer ;  and 
which  are  to  bo  used  and  consumed  by  the  tux 
receiver,  and  not  to  be  returned  to  the  people, 
much  less  to  be  diffused  over  the  country  in 
place  of  money.  This  is  the  original  idea  and 
conception  of  these  notes.  It  is  the  idea  under 
which  they  obtained  the  legal  capacity  of  receiv- 
aoility  in  payment  of  public  dues ;  and  from 
this  humble  conception,  this  degraded  a.ssimila- 
tion  to  corn  and  grain,  to  clothes  and  provisions, 
they  have,  by  virtue  of  that  clause  in  the  char- 
ter, crept  up  to  the  character  of  money — become 
the  real,  practical  currency  of  the  land — diiven 
the  currency  of  the  constitution  from  the  land 
— and  so  depraved  the  public  intellect  as  now 
to  be  called  for  as  money,  and  proclaimed  to  be 
indispensable  to  the  country,  when  the  author 
of  the  bank  could  not  rank  it  higher  than  an  ex- 
pedient for  paying  a  tax. 

2.  In  the  next  place,  Mr.  B.  believed  that  the 
quantity  of  specie  derivable  from  foreign  com- 
merce, added  to  the  quantity  of  gold  derivable 
from  our  own  mines,  were  fully  sufficient,  if  not 
expelled  from  the  coimtry  by  unwise  laws,  to 
furnish  the  people  with  an  abcuidant  circulatiou 
of  gold  and  silver  coin,  for  their  common  cur* 


the  choice  of  the  soecifio 
natter  of  discretion.  The 
jeen  required  in  the  coin- 
Taxes  in  kind,  however 
thout  precedents,  even  in 

it  might  have  been  in  tlio 
reral  Statea ;  or  in  tlie  billa 
1  America,  New-York,  and 

either  of  tlicm  ;  it  'night 
ed  under  the  authority  of 
'fo  part  of  this,  it  is  pre- 
ed.     The  appointmint  of 

vvh'ch  the  *«\i.'  ..u  tcbe 

the  power  of  collection, 
lents  which  may  be  adopt- 
^ued  under  the  authority 
'    Mr.  B.  would  read  no 
irgumcnt  of  General  Ham- 
gh   several  pages.      The 
t  is  fully  disclosed  in  what 
i  the  whole  question  of  a 
ler  the  power  to  furnish  u 
B  currency,  is  pretended  to 
8  of  the  new  bank  are  put 
)f  money,  but  of  coniino- 
sin  kind — which  the  tax 
rom  the  tax  payer ;  and 
find  consumed  by  Ihe  tax 
3  returned  to  the  people, 
sed  over  the  country  in 
I  is  the  original  idea  and 
tes.    It  is  the  idea  under 
le  legal  capacity  of  receiv- 
'  public  dues ;  and  from 
1,  this  degraded  assiniila- 
to  clothes  and  provisions, 
f  that  clause  iu  the  char- 
racter  of  money — become 
ency  of  the  land — driven 
nstitution  from  the  land 
)  public  intellect  as  now 
ey,  and  proclaimed  to  be 
luntiy,  when  the  author 
ank  it  higher  than  an  cx- 

X. 

Mr.  B.  believed  that  the 
vable  from  foreign  coni- 
lantity  of  gold  derivable 
ere  fully  sufficient,  if  not 
ntry  by  unwise  laws,  to 
I  an  abundant  circulaliou 
1,  for  their  common  cur* 


ANNO  1834.    ANDUEW  JACKSON,  rRESIDENT. 


439 


rency,  without  having  recourse  to  a  circulation 
of  smail  Lank  notes. 

Tiie  truth  of  these  propositions,  Mr.  B.  held 
to  be  susceptible  of  complete  and  ready  proof. 
He  spoke  first  of  the  domestic  supply  of  native 
gci'^  and  said  that  no  mincj  had  ever  develo|M,'d 
more  rapidly  than  those  hu..  done,  or  promised 
more  abundantly  than  they  now  <iu.  In  the 
year  1824  they  were  a  spot  ni  tiie  St  i  of 
North  Carolina ;  they  arc  now  a  region  .plead- 
ing .to  six  States.  In  the  year  1824  the  pro- 
duct was  $5,000  ;  in  the  last  year  the  product, 
in  coined  go''l,  w-  $808,000;  in  uncoined,  as 
mucli  more ;  and  the  product  of  the  present 
year  computed  at  two  millions ;  with  every  pros- 
pect of  continued  and  permanent  increase.  The 
probability  was  that  these  mines  alone,  in  the 
lapse  of  a  few  years,  would  furnish  an  abundant 
supply  of  gold  to  establish  a  plentiful  circulation 
of  that  metal,  if  not  expelled  from  the  country 
by  unwise  laws.  But  the  great  source  of  supply, 
both  for  gold  and  silver,  Mr.  B.  said,  was  in  our 
foreign  commerce.  It  was  this  foreign  com- 
merce which  filled  the  States  with  hard  money 
immediately  after  the  close  of  the  Revolutionary 
War,  when  the  domestic  mines  were  unknown ; 
and  it  is  the  same  foreign  commerce  which,  even 
now,  when  federal  Ir  ws  discourage  the  impor- 
tation of  foreign  coins  and  compel  their  exporta- 
tion, is  bringing  in  an  annual  supply  of  seven 
or  eight  millions.  With  an  amendment  of  the 
laws  which  now  discourage  the  importation  of 
foreign  coins,  and  compel  their  exportation, 
there  could  be  no  delay  in  the  rapid  accumula- 
tion of  a  sufficient  stock  of  the  precious  metals 
to  supply  the  largest  circulation  which  the 
common  business  of  the  country  could  require. 

Mr.  B.  believed  the  product  of  foreign  mines, 
and  the  quantity  of  gold  and  silver  now  in  ex- 
istence, to  be  much  greater  than  was  commonly 
supposed;  and,  as  a  statement  of  its  amount 
would  establish  his  proposition  in  favor  of  an 
adequate  supply  of  these  metals  for  the  common 
currency  of  the  country,  he  would  state  that 
amount,  as  he  found  it  calculated  in  approved 
works  of  political  economy.  lie  looked  to  the 
three  great  sources  of  supply :  1.  Mexico  and 
South  America ;  2.  Europe  and  Northern  Asia ; 
3.  Tiie  coast  of  Africa.  Taking  the  discovery 
of  the  New  World  as  the  starting  point  from 
which  the  calculation  would  commence,  and  the 
product  was : 


1.  Mexico  nnil  Soiitli  Aiiicrk'i^ 

2.  Kuroiif  Riiil  Nortlicrn  Aula, 
8.  The  cuMt  of  AfVica,   . 


16,458,000,000 
628,000,000 
150,000,000 


— making  a  total  product  of  seven  thousand  two 
hundred  and  thirty-six  millions,  in  the  short 
space  of  three  centuries  and  a  hilf.  To  this  is 
to  bo  Jded  the  quantity  existing  at  the  timo 
the  New  World  was  discovered,  and  which  was 
computed  at  $2,300,000,000.  Upon  all  these 
data,  the  political  economists,  Mr.  B.  suid,  oriei 
deducting  $2,(J0O,U00,000  for  waste  and  con- 
sumption, still  c«m])Uted  the  actual  stock  of 
gold  and  silver  in  Europe,  Asia,  and  America, 
in  1832,  at  about  seven  thou.'-and  millions  of 
dollars ;  and  that  quantity  constantly  and  rapid- 
ly increasing. 

Mr.  B.  had  no  doubt  but  that  the  quantity  of 
gold  and  silver  in  Europe,  Asia,  and  America, 
was  sufficient  to  carry  on  >  whole  business  of 
the  world.  He  said  ti.  r  si  ^  r,nd  empires 
— far  greater  in  wealth  md  p«i;  •  ition  than  any 
now  existing — far  sup' v;,^  \v  p  loMcand  private 
magnificence — had  r.  . .  d  i  all  the  business  of 
private  life,  and  all  the  ai  '  .^  of  national  govern- 
ment, upon  gold  an '  silver  alone ;  aiid  that  be- 
fore the  mines  of  !  i  lo  id  Peru  were  known, 
or  dreamed  of.  lie  »ilu<ied  to  the  great  nations 
of  antiquity — to  the  Assyrian  and  Persian  em- 
pires ;  to  Egypt,  Carthage,  Rome  ;  to  the  Gre- 
cian republics ;  the  kingdoms  of  Asia  Minor ;  and 
to  the  empire,  transcending  all  these  put  toge- 
ther —the  Saracenic  empire  of  the  Caliphs,  which, 
taking  for  its  centre  the  eastern  limit  of  the  Roman 
world,  extended  its  dominion  as  far  west  as  Rome 
had  coiiqucred,  and  further  east  than  Alexander 
had  marched.  These  great  nations,  whose  arm'es 
crushed  empires  at  a  blow,  whose  monumental 
edifices  still  attest  their  grandeur,  had  no  idea 
of  bank  credits  and  paj)er  money.  They  used 
gold  and  silver  alone.  Such  degenerate  plirasea 
as  sound  currency,  paper  medium,  circulating 
media,  never  once  sounded  in  their  heroic  ears. 
But  why  go  back,  exclaimed  Mr.  B.,  to  the 
nations  of  antiquity  ?  Why  quit  '*u;  own 
day  ?  Why  look  beyond  the  boundaries  of 
^lUrope  ?  We  have  seen  an  '^.mpirc  in  our  own 
day,  of  a'iuost  fB';alous  grandeur  and  magnifi- 
cence, cf  Trying  on  all  its  vast  undertakings  upon 
a  currtacy  of  gold  and  silver,  without  deigning 
to  recognize  paper  for  money.  I  speak,  said  Mr. 
B.,  of  France — great  and  imperial  France — and 
have  my  eye  upon  that  first  year  of  the  consu- 


440 


TinUTV  YEAIW'  VIEW. 


rm 


m 


.■I 


i-tfcV.  I. :-'- 


ft  •'■■ 


t 


late,  when  a  youiif;  nnd  victorious  mncrnl,  just 
transforrtwl  frinn  tlic  catii|)  to  a  council,  nn- 
nounccd  to  liis  n>tonishe<l  ministers  (liat  specie 
payments  slioultl  ce)mmencc  in  France  l>y  a  given 
day  ! — in  tliut  France  whicli.  for  so  ninny  years, 
had  seen  nofliin^r  l>ut  a  miserable  curivncy  of 
depreciated  mandats  nnd  nssign.ats !  The  nnnini- 
ciation  wns  heard  witli  the  inwnrd  a)ntempt,  and 
open  di-trnst,  wliich  the  whole  tribe  of  hnck 
politician8  every  where  feel  for  the  statesman- 
ship of  military  men.  It  was  followed  by  the 
Ruccess  which  it  belonfrs  to  genius  to  inspire  nnd 
to  command.  Specie  payments  c<>mmcnce<l  in 
France  on  the  day  named ;  and  a  hard  money 
currency  has  bcin  the  sole  currency  of  France 
from  that  day  to  this. 

Such,  said  Mr.  B.,  is  the  currency  of  France; 
a  country  whose  taxes  exceed  a  thousand  mil- 
lions of  francs — whose  jtublic  and  private  ex- 
jwnditures  re([uire  n  circulation  of  three  hun- 
dnnl  and  fifty  millions  of  dollars — and  which 
possesses  that  circidation,  every  dollar  of  it,  in 
gold  and  silver.  After  this  example,  can  any 
one  doubt  the  capacity  of  the  United  States  to 
supply  itself  with  specie?  Reason  and  history 
forbid  the  doubt.  Reason  informs  us  that  hai"d 
money  flow.s  into  the  vacuum  the  instant  that 
small  bank  notes  are  driven' out.  France  reco- 
vered a  sjK'cio  circulation  within  a  year  after  the 
oor.sular  government  ri'fiised  to  recognizi'  paper 
for  money.  England  recovered  a  gold  circulation 
of  about  one  himdred  nu'Uions  of  dollars  within 
four  years  after  the  one  and  two  ;^  ound  notes 
were  supjircssed.  Our  own  country  filled  up 
with  Spanish  milled  dollars,  French  crowns, 
doubloons,  half  joes,  and  guineas,  as  by  magic, 
at  the  conclusion  of  the  Revolutionary  AVar, .  "d 
the  suppression  of  the  continental  bills.  The 
business  of  the  United  States  would  not  require 
above  sixty  or  seventy  milliuns  of  gold  nnd  sil- 
ver for  the  common  currency  of  the  jteople,  nnd 
the  basis  of  large  bank  notes  and  bills  of  ex- 
change. Of  that  sum,  more  than  one  third  is 
now  in  the  countr}',  but  not  in  circulation.  The 
Bank  of  the  United  St.ates  hoards  above  ten  mil- 
lions. At  the  expiration  of  her  charter,  in  1830, 
that  sum  will  be  paid  out  in  redemption  of  its 
notes — will  go  into  the  hands  of  the  people — 
and,  of  itself,  will  nearly  double  the  quantity  of 
silver  now  in  circulation.  Our  native  mines  will 
be  yielding,  annually,  some  millions  of  gold ; 
foreign  commerce  will  be  pouring  in  her  accus- 


tomed copious  supply  ;  the  correction  of  the  er- 
roneous value  of  gold,  the  lilK:ral  admission  of 
foreign  coins,  nnd  the  suppression  of  snuill  notes 
will  invite  and  n>tnin  an  adcfpinte  metallic  cur- 
rency. The  present  moment  is  peculiarly  fa- 
vorable for  these  measures.  Foreign  exchange* 
arc  now  in  our  favor;  silver  is  coming  here,  al- 
though not  current  by  our  laws ;  both  gold  and 
r-ilver  would  flow  in,  and  that  immediately,  to 
an  inmicnsc  amount,  if  raised  to  their  proper 
value,  and  put  on  a  projwr  footing,  by  ojir  laws. 
Three  days'  legislation  on  these  subjects  would 
turn  copious  supplies  of  gold  and  silver  into  the 
country,  diffuse  them  through  every  neighbor- 
hood, and  astonish  gentlemen  when  they  get 
h(jmu  at  midsummer,  at  finding  hard  money 
where  they  had  lefl  paper. 

3.  In  the  third  place,  Mr.  B.  undertook  to 
affirm,  as  a  proposition  free  from  dispute  or  con- 
testation, that  the  value  now  set  upon  gold,  by 
the  laws  of  the  United  States,  was  unjust  and 
erroneous;  that  these  laws  lind  expelled  gold 
from  circulation ;  and  that  it  was  the  bounueu 
duty  of  Congress  to  restore  that  coin  to  circula- 
tion, by  restoring  it  to  its  just  value. 

That  gold  was  undervalued  by  the  laws  of  the 
United  States,  and  expellcl  from  circulation,  was 
a  fact,  Mr.  B.  said,  which  every  body  knew  ;  but 
there  was  something  else  which  every  hotly  did 
not  know  ;  which  few,  in  reality,  had  an  opjwr- 
tunity  of  knowing,  but  which  wns  necessary  to 
be  known,  to  enable  the  friends  of  gold  to  go  to 
work  at  the  right  place  to  elfect  the  recovery 
of  that  precious  metal  which  their  fathers  once 
possessed — which  the  subjects  of  Euroix'nn  kings 
now  possess — which  the  citizens  of  the  young 
republics  to  the  South  all  possess — which  even 
the  free  negroes  of  San  Domingo  possess — but 
which  the  3"eomnnry  of  this  America  have  been 
deprived  of  for  more  than  twenty  years,  and 
will  be  deprived  of  for  ever,  unless  they  discover 
the  cause  of  the  evil,  and  apply  the  remedy  to 
its  root. 

I  have  already  shown,  said  Mr.  B.,  that  the 
plan  for  the  support  of  public  credit  which  Gene- 
ral Hamilton  brought  forward,  in  1701,  was  a 
plan  for  the  establishment  of  the  paper  system 
in  our  America.  We  had  at  that  time  a  gold 
currency  which  was  circulating  freely  and  fully 
all  over  the  country.  Gold  is  the  antagonist  of 
paper,  and,  with  fair  play,  will  keep  a  paper  cur- 
rency within  just  and  proper  limits.    It  will 


ANNO  1884.     ANDREW  JACKSON,  PRESIDENT. 


441 


tlie  cnrrcct'uiii  f)f  the  ei». 
tlic  liiH.-nil  iKlinifRton  of 
iippri'foinii  of  Hniiill  notes 
in  ailc(|iiati>  mctiillic  cur- 
nioment  Ih  peculiarly  fa- 
iircs.  Fonifm  cxchaiigcn 
silver  is  coming;  here,  al- 
oiir  law.s ;  both  gold  and 
ind  that  immediately,  to 
if  raised  to  their  proper 
ifjcr  footing,  by  our  laws, 
on  these  Biibjccts  would 
f  gold  and  silver  into  the 
through  every  ncighbor- 
ntlemcn  when  they  get 
at  finding  hard  money 
per. 

ce,  Mr,  B,  undertook  to 
free  from  dispute  or  con- 

0  now  set  upon  gold,  by 
[  States,  was  unjust  and 

laws  hnd  expelled  gold 
that  it  wa.s  the  bounia-u 
itorc  that  coin  to  circula- 
its  just  value, 
valued  by  the  laws  of  the 
lied  from  circulutiou,  was 

1  every  body  knew  ;  but 
sc  which  every  body  did 
in  reality,  hud  an  opjwr- 
whirh  was  necessary  to 

friends  of  gold  to  go  to 
;c  to  effect  tlie  recovery 
which  their  fathers  once 
bjects  of  Euro|K'an  kings 
e  citizens  of  the  young 
all  possess — which  even 

Domingo  possess — but 
this  America  have  been 
ban  twenty  years,  and 
rer,  unless  they  «li.scoM'X 
jd  apply  the  remedy  to 


kcop  down  tho  small  notes;  for,  no  man  will 
carry  a  five,  »  ten,  or  a  hvenfy  dollar  note  in  his 
|)ocket,  when  he  can  get  guineas,  eagles,  half 
ragU'H,  (loublooas,  and  half  joes  to  carry  in  their 
place.  The  cctes  of  the  new  Hank  of  the  United 
.States,  which  bank  formed  tho  leading  feature 
ill  the  plan  for  the  support  of  public  credit,  had 
already  derived  one  undue  advantage  over  gold, 
in  being  put  on  n  level  with  it  in  point  of  legal 
tender  to  the  federal  government,  and  universal 
ri'ceivability  In  all  payments  to  that  government: 
llicy  were  now  to  derive  another,  and  a  still 
greater  undue  advantage  over  gold,  in  the  law  for 
the  establishment  of  the  national  mint ;  an  in- 
gtitution  which  also  formed  a  feature  oi  the  plan 
for  the  support  uf  public  credit.  It  is  to  that 
plan  that  wo  trace  the  origin  of  tho  erroneous 
valuation  of  gold,  which  has  banished  that  metal 
from  the  country.  Mr.  Secretary  Hamilton,  in 
his  proposition  for  tho  establishment  of  a  mint, 
recommended  that  the  relative  value  of  gold  to 
silver  should  be  fixed  at  fifteen  for  one ;  and 
that  recommendation  became  the  law  of  the  land ; 
and  ha.s  remained  so  ever  since.  At  the  same 
time,  tho  relative  value  of  these  metals  in  Spain 
and  Portugal,  and  throughout  their  vast  domin- 
ions in  tho  new  world,  whence  our  principal 
supplies  of  gold  were  derived,  was  at  tho  rate  of 
sixteen  for  one ;  thus  making  our  standard  six 
per  cent,  below  the  standard  of  the  countries 
which  chietly  produced  gold.  It  was  also  below 
the  English  standard,  and  the  French  standard, 
and  below  the  standard  which  prevailed  in  these 
States,  before  the  adoption  of  the  constitution, 
and  which  was  actually  prevailing  in  the  States, 
ot  the  time  that  this  new  proportion  of  fifteen 
to  one  was  established. 

I^Ir.  B.  was  ready  to  admit  that  there  was  some 
ni'  \'  requisite  in  adjusting  the  relative  value 
of  two  difTerent  kinds  of  money — gold  and  silver 
for  exomple — so  as  to  preserve  an  exoct  equi- 
poise between  them,  and  to  prevent  either  from 
ex[H.>lling  the  other.  There  was  some  nicety, 
but  no  insuperable  or  even  extraordinary  dilH- 
culty,  in  making  the  adjustment.  The  nicety 
of  the  question  was  aggravated  in  the  year  '92, 
by  the  difficulty  of  obtaining  exact  knowledge 
of  the  relative  value  of  these  metals,  at  that 
time,  in  France  and  FiUgland ;  and  Mr.  Gallatin 
has  since  shown  that  the  information  which  was 
then  relied  upon  was  clearly  erroneous.  The  con- 
Ecqucnce  of  any  mistake  in  fixing  our  standard. 


was  also  well  known  in  the  year  '92.     IMr.  Sec- 
retary Hamilton,  in  his  pi-ofiosition  for  the  estab- 
lishment of  a  mint,  expri'ssly  declared  that  tho 
consequence  of  a  miftakc  in  the  nliiti'"  value 
of  tho  two  metals,  would  be  thu  expulsion  of 
tlie  one  that  was  undervalued.     Mr.  .leller^on, 
then  Secretary  of  State,  in  his  cotenijKManeous 
report  upon   foi-eign  coins,  declared  the  some 
thing.      Mr.   RoIktI   Morris,   (Inaucier  to  the 
revolutionary  government,  in   his  proimsal  to 
establish  a  mint,  in  1782,  was  equally  explicit 
to  the  same  effect.     The  delicacy  of  the  question 
and  the  consequence  of  a  mistake,  were  then 
fully  understood  forty  years  ago,  when  the  rela- 
tive value  of  gold  and  silver  was  fixed  at  fifteen 
to  one.     But,  at  that  time,  it  unfortunately  hap- 
pened that  tho  paper  system,  then  omnipotent 
in  England,  was  making  its  transit  to  our  Amer- 
ica ;  and  every  thing  that  would  go  to  establish 
that  system — every  thing  that  would  go  to  sus- 
tain the  new-ljorn  Bank  of  the  United  States — 
that  eldest  daughter  and  spenx  gres^itt  of  tho 
paper  system  in  America — fell  in  with  the  pre- 
vailing current,  and  became  incorporated  in  tho 
federal  legislation  of  the  day.     Clold,  it  wa.s  well 
known,  was  the  antagonist  of  paper ;  from  its 
intrinsic  vahie,  the  natural   predilection  of  all 
mankind  for  it,  Hs  small  bulk,  and  the  facility 
of  carrying  it  about,  it  would  be  preferred  to 
pajicr,  either  for  travelling  or  keeping  in  tho 
house ;  and  thus  would  limit  and  circumscribe 
the  general  circulation  of  bank  notes,  and  pre- 
vent all  plea  of  necessity  for  issuing  smaller 
notes.    Silver,  on  the  contrary,  from  its  incon- 
venience of  transportation,  would  favor  the  cir- 
culation of  bank  notes.     Hence  the  birth  of  tho 
doctrine,  that  if  a  mistake  was  to  be  committed, 
it  should  be  on  the  side  of  silver  I    Mr.  Secreta- 
ry Hamilton  declares  the  existence  of  this  feel- 
ing when,  in  his  report  upon  the  establishment 
of  IV  mint,  he  says  :  "  It  is  sometimes  observed, 
that  silver  ought  to  be  encouraged,  rather  than 
gold,  as  being  more  conducive  to  the  extension 
of  bank  circulation,  from  the  greater  difficulty 
and  inconvenience  which  its  greater  bulk,  com- 
porcd  with  its  value,  occasions  in  the  transpor- 
tation of  it."    This  passage  in  the  Secretary's 
report,  proves  the  existence  of  the  feeling  in  fa- 
vor of  silver  against  gold,  and  the  cause  of  that 
feeling.    Quotations  might  lie  made  from  tho 
speeches  of  others  to  show  that  they  acted  upon 
that  feeling ;  but  it  is  due  to  General  Hamilton 


^  •' 


442 


THIRTY  YEARS'  VIKW. 


\tm 


hkr    -' 


»-\^>' 


to  my  that  he  disclaimed  Huch  a  motlTo  for  him- 
Bclf,  and  e.x|.rosM)d  a  dcRiru  to  retain  both 
metals  in  circulation,  and  even  to  have  a  gold 
dollar. 

The  proportion  of  flftcen  to  one  was  estublish- 
cd.  The  1 1  th  section  of  the  act  of  April,  1792, 
•nacte<l  thot  every  fifteen  poiindH  weight  of  ptirc 
silver,  Nhotild  tj«  equal  in  value,  in  all  payments^ 
with  one  pound  of  pure  gold  ;  and  so  in  pro|)or- 
tion  for  less  quantities  of  the  respective  metuls. 
This  act  WHH  the  death  warrant  to  the  gold  cur- 
rency. The  diminished  circulation  of  that  coin 
soon  began  to  Imj  ol«ervable  j  but  it  wa.s  not  im- 
mediately extinguished.  Several  circumstances 
delayed,  but  could  not  prevent  that  catastrophe. 
1.  The  Bank  of  the  United  States  then  issued 
no  note  of  less  denomination  than  ten  dollars, 
and  but  few  of  them.  2.  There  were  but  three 
other  banks  in  the  United  States,  and  they  issu- 
ed but  few  small  notes ;  so  that  a  small  note 
currency  did  not  come  directly  into  conflict  with 
gold.  3.  The  trade  to  the  lower  Mississipi  con- 
tinued to  bring  up  from  Natchez  and  New  Orleans, 
for  many  years,  a  large  supply  of  doubloons ;  and 
long  supplied  a  gold  currency  to  the  new  States 
in  the  West.  Thus,  the  absence  of  a  small  note 
currency,  and  the  constant  arrivals  of  doid)Ioons 
flrom  the  lower  Mississippi,  deferred  the  fate  of  the 
gold  currency  ;  and  it  was  not  until  the  lapse  of 
near  twenty  years  after  the  adoption  of  the  er- 
roneous standard  of  1792,  that  the  circulation  of 
that  metal,  both  foreign  and  domestic,  became 
completely  and  totally  cxtingtiishcd  in  the  Uni- 
ted States.  The  extinction  is  now  complete,  and 
must  remain  so  until  the  laws  arc  altered. 

In  making  this  annunciation,  and  in  thus 
standing  forward  to  expose  the  error,  and  to  de- 
mand the  reform  of  the  gold  currency,  ho  (Mr. 
B.)  was  not  setting  up  for  the  honors  of  a  first 
discoverer,  or  first  inventor.  Far  from  it.  lie 
was  treading  in  the  steps  of  other,  and  abler 
men,  who  had  gone  before  him.  Four  Secre- 
taries of  the  Treasury,  Gallatin,  Dallas,  Craw- 
ford, Ingham,  had,  each  in  their  day,  pointed 
out  the  error  in  the  gold  standard,  and  recom- 
mended its  correction.  Repeated  reports  of 
committees,  in  both  Houses  of  Congress,  had 
done  the  same  thing.  Of  these  reports  he 
would  name  those  of  the  late  Mr.  Lowndes  of 
South  Carolina ;  of  Mr.  Sanford,  late  a  senator 
from  New- York;  of  Mr.  Campbell  P.  White, 
noir  a  representative  from  the  city  of  New-Tork. 


Mr.  B.  took  pleasure  in  recalling  and  presenting 
to  public  notice,  the  names  of  the  eminent  men 
who  had  gone  before  him  in  the  exploration  of 
this  iMith.  It  was  duo  to  them,  now  that  the 
good  cause  seemed  to  l>e  in  the  road  to  muccchm, 
to  yield  to  them  all  the  honors  of  fli-st  i-xplor- 
ers ;  it  was  due  to  the  cause  also,  in  this  hour 
of  final  trial,  to  give  it  the  high  sanction  of  their 
names  and  labors. 

Mr.  B.  \vould  arrest  for  an  instant  the  current 
of  his  remarks,  to  fix  the  attention  of  the  Se- 
nate upon  a  reflection  which  must  suggest  it- 
self to  the  minds  of  all  considerate  {icrsons. 
He  woidd  ask  how  it  could  happen  that  so  many 
men,  and  sucli  men  as  he  had  named,  laboring 
for  BO  many  ycors,  in  a  cause  so  Just,  for  an  ob- 
ject so  beneficial,  upcm  a  state  of  facts  so  unde- 
niable, could  so  long  and  bo  uniforndy  fail  of 
success?  How  could  this  happen?  Sir,  ex- 
claimed  Mr.  B.,  it  happened  Iwcause  the  policy 
of  the  Bank  of  the  United  States  required  it  to 
happen !  The  same  policy  which  required  gold 
to  be  undervalued  in  1792,  when  the  first  bank 
was  chartered,  has  required  it  to  Ikj  undervalu- 
ed ever  since,  now  that  a  second  bank  has  Iwen 
established ;  and  the  same  strength  which  en- 
abled these  banks  to  keep  thuniselves  up,  also  en- 
abled them  to  keep  gold  down.  This  is  the  answer 
to  the  question ;  and  this  the  secret  of  the  failure 
of  all  these  eminent  men  in  tlieir  laudable  efforts 
to  raise  gold  again  to  the  dignity  of  money. 
This  is  the  secret  of  their  failure ;  and  this  secret 
being  now  known,  the  road  which  leads  to  the 
reformation  of  the  gold  currency  lies  uncovered 
and  revealed  before  us:  it  is  the  road  which 
leads  to  the  overthrow  of  the  Bank  of  the  United 
States — to  the  sepulchre  of  that  institution: 
for,  wliile  iiiat  bank  lives,  or  has  the  hope  of 
life,  gold  cannct  be  restored  to  life.  Here  then 
lies  the  question  of  the  reform  of  the  gold  cur- 
rency. If  the  bank  is  defeated,  that  currency 
is  reformed ;  if  the  bank  is  victorious,  gold  re- 
mains degraded ;  to  continue  an  article  of  mer- 
chandise in  the  hands  of  the  bank,  and  to  bo 
expelled  from  circulation  to  make  room  for  its 
five,  its  ten,  and  its  twenty  dollar  notes.  Let 
the  people  then,  who  arc  in  favor  of  restoring 
gold  to  circulation,  go  to  work  in  the  right 
place,  and  put  down  the  power  that  first  put 
down  gold,  and  which  will  never  suficr  that 
coin  to  rise  while  it  has  power  to  prevent  it. 

Mr,  B.  did  not  thick  it  necessary  to  descmt 


'•fi  I'i 


ANNO  1334.     ANDRE. V  JACKBON,  PRESIDENT. 


443 


I  ri>caHing  and  prcminting 
men  of  the  eniinont  men 
iiii  in  the  rxplnration  of 
to  thi'in,  now  that  tho 
H!  in  tho  roail  to  bucccmh, 
0  honoFH  of  flint  I'xplor- 
caiiBo  aUo,  in  this  hour 
liu  high  sanction  of  their 

for  an  instant  the  current 
he  attention  of  the  Se- 
wliich  niiiBt  Buggent  it- 
all  conBidcrate  iicrBons. 
)uld  happen  that  ko  many 
he  hail  named,  laboring 
,  cause  BO  JiiBt,  for  an  ob- 
a  Htato  of  fiictB  HO  undc- 
and  BO  uniformly  fail  of 
this  happen?    Sir,  cx- 
lencd  Iwcausc  the  policy 
tod  States  required  it  to 
licy  which  required  gold 
'92,  when  the  first  bank 
lired  it  to  Ihj  undervalu- 
,  a  second  bank  has  Iwen 
amo  strength  which  en- 
'p  themselves  up,  also  en- 
down.  This  is  the  answer 
s  the  secret  of  the  failure 
in  their  laudable  etTorts 
the  dignity  of  money, 
r  failure ;  and  this  secret 
road  which  leads  to  the 
currency  lies  uncovered 
it  is  tho  road  which 
f  the  Bank  of  the  United 
ire  of  that  institution: 
CH,  or  has  tho  hope  of 
orod  to  life.     Here  then 
reform  of  the  gold  cur- 
defeated,  that  currency 
c  is  victorious,  gold  re- 
tinue an  article  of  mer- 
of  tho  bank,  and  to  bo 
)n  to  make  room  for  its 
enty  dollar  notes.    Let 
5  in  favor  of  restoring 
to  work  in  the  right 
10  power  that  first  put 
will  never  sufTer  that 
power  to  prevent  it. 
it  necessary  to  desomt 


and  expatiate  upon  tho  merits  and  advantages 
of  a  goiil  currency.  These  advantages  had  ln-en 
too  well  known,  from  tho  earlioMt  oges  of  the 
world,  to  Ih<  a  subject  of  discussion  in  tho  nine- 
teenth century ;  but,  as  it  was  the  jmlicy  of  the 
])n|K'r  system  to  disparage  that  metal,  and  as 
that  system,  in  its  forty  years'  reign  over  the 
Auieiiean  people,  had  nearly  destroyed  a  know- 
leilge  of  that  currency,  he  would  briefly  enume- 
rate its  leading  and  prominent  advantages.  1. 
It  had  an  intrinsic  valuo,  which  gave  it  curren- 
cy all  over  the  world,  to  the  full  amoimt  i)f  that 
value,  without  regard  to  laws  or  circumstances. 
2.  It  had  a  uniformity  of  value,  which  made  it 
the  safest  standard  of  tho  value  of  property 
which  the  wisdom  of  man  had  ever  yet  discov- 
ered. 3.  Its  portability ;  which  made  it  easy  for 
the  traveller  to  carry  it  alraut  with  him.  4.  Its 
indestructibility ;  which  made  it  the  safest  mo- 
ney that  people  could  keep  in  their  houses.  5. 
Its  inherent  purity ;  which  made  it  the  hardest 
money  to  bo  counterfeited,  and  tho  easiest  to  bo 
detected,  and,  therefore,  tho  safest  money  for 
the  people  to  handle.  G.  Its  superiority  over 
all  other  money ;  which  gave  to  its  possessor 
tho  choice  and  command  of  all  other  money. 
7.  Its  power  over  exchanges ;  gold  being  the 
currency  which  contributes  most  to  tho  equali- 
zation of  exchange,  and  keeping  down  tho  rate 
of  exchange  to  the  lowest  and  most  uniform 
point.  8.  Its  power  over  tho  paper  money; 
gold  being  tho  natural  enemy  of  that  system, 
and,  with  fair  play,  able  to  hold  it  in  check. 
9.  It  is  a  constitutional  currency  and  tho  peo- 
ple have  a  right  to  demand  it,  for  their  cur- 
rency, as  long  as  the  present  constitution  is  per- 
mitted to  exist. 

Mr.  B.  said,  that  the  false  valuation  put  upon 
gold  had  rendered  the  mint  of  the  United  States, 
so  far  as  the  gold  coinage  is  concerned,  a  most  ri- 
diculous and  absurd  institution.  It  has  coined, 
and  that  at  a  large  expense  to  the  United  States, 
2,202,717  pieces  '  gold,  worth  $11,852,890; 
and  where  are  theit.  pieces  now  ?  Not  one  of 
them  to  be  seen !  all  sold,  and  exported  !  and 
so  regular  is  this  opei  ation  that  tho  director 
of  the  mint,  in  his  latest  report  to  Congress, 
says  that  the  now  coined  gold  frequently  re- 
mains in  the  mint,  uncalled  for,  though  ready  for 
delivery,  until  the  day  arrives  for  a  packet  to 
sail  to  Europe.  He  calculates  that  two  millions 
of  native  gold  will  be  coined  annually  hereafter; 


the  whole  of  which,  without  a  reform  of  tho 
gold  standard,  will  Ih)  conducted,  like  exiles, 
from  tho  national  mint  to  the  sea-Hlioiv,  nnd 
transported  to  foreign  n<gi<ms,  to  be  sold  for  tho 
l)cnefit  of  the  Bunk  of  tie  Unite<l  States. 

Mr.  B.  said  this  W8:i  not  the  time  to  discusa 
tho  relative  value  ci  gold  and  silver,  nor  tourgo 
tho  partkular  proportion  which  ought  to  Ito 
established  Initween  them.    That  would  be  tho 
proper  work  of  a  committee.     At  present  it 
might  bo  Bufllcieut,  and  not  irrelevant,  to  say 
that  this  question  was  ono  of  coininerce — that 
it  was  purely  and  simply  a  mercai.iilu  problem 
— as  nuich  so  as  an  acquisition  of  any  ordinary 
nierchandise  from  foreign  countries  could  be. 
Gold  goes  where  it  finds  its  value,  and  that 
valuo  is  what  tho  laws  of  great  nations  give  it. 
In  Mexico  and  South  America — the  countries 
which  produce  gold,  and  from  which  tho  United 
States  must  derive  their  chief  supply — tho  value 
of  gold  is  lU  to  1  over  silver;  in  tho  island  of 
Cuba  it  is  17  to  1 ;  in  Spain  and  Portugal  it  is 
IC  to  1 ;  in  the  West  Indies,  generally,  it  is  the 
same.    It  is  not  to  lie  supposed  that  gold  will 
come  from  these  countries  to  the  United  States, 
if  the  importer  is  to  lose  ono  dollar  in  every  six- 
teen that  ho  brings ;  or  that  our  own  gold  will 
remain  with  us,  when  an  exporter  can  gain  a 
dollar  upon  every  fifteen  that  ho  carries  out. 
Such  results  would  bo  contrary  to  the  laws  of 
trade;  and  therefore  we  must  place  tiio  sumo 
value  upon  gold  that  other  nations  do,  if  wo 
wish  to  gain  any  part  of  theirs,  or  to  regain  any 
part  of  our  own.    Mr.  B.  said  that  tho  case  of 
England  and  Franco  was  no  exception  to  this 
rule.     They  rated  gold  at  something  less  than 
IG  for  1,  and  still  retained  gold  in  circulation ; 
but  it  was  retained  by  force  of  peculiar  laws  and 
advantages  which  do  not  prevail  in  the  United 
States.     In  England  the  circulation  of  gold  was 
aided  and  protected  by  four  subsidiary  laws, 
neither  of  which  exist  hero:  one  which  prevent- 
ed silver  from  being  a  tender  for  more  than  forty 
shillings ;  another  which  required  tho  Bank  of 
England  to  pay  all  its  notes  in  gold ;  a  third 
which  suppressed  the  small  note  circulation ;  a 
fourth  which  alloyed  their  silver  iiiiu  vc»"  ''ont. 
below  the  relative  valuo  of  gold.     .'i>  I'lance  the 
relative  proportion  of  the  tw  >  inetuls  was  ul.so 
below  what  it  was  in  Spain,  rortugal,  Mexico, 
and  South  America,  and  sti'i  a  plentiful  supply 
of  gold  remained  in  circulatiou]  but  thi.s  resuU 


444 


THIRTY  YFAR9'  VIEW. 


m 


tA 


m'.  :r 


»'»«  aided  by  two  peculiar  causes ;  first,  the  to- 
tal absence  of  ii  paper  ciirrency ;  secondly,  the 
proximity  of  Spain, and  the  inferiority  of  Spanish 
manufactures,  which  gave  to  France  a  ready 
and  a  near  market  for  the  sale  of  her  fine  fabrics, 
which  were  paid  for  in  t!ie  gold  of  the  New  World. 
In  the  United  States,  gold  would  have  none  of 
these  subsidiary  helps ;  on  the  contrary  it  would 
have  to  contcnu  with  a  paper  currency,  and 
would  have  to  be  obtained,  the  product  of  our  own 
mines  cxoepted,  from  Mexico  and  South  America, 
where  it  is  rated  as  sixteen  to  one  for  silver. 
All  these  circumstances,  and  many  others,  would 
have  to  be  taken  into  consideration  in  fixing  a 
standard  for  the  United  States.  Mr.  B.  repeat- 
ed that  there  was  nicety,  but  no  difllculty,  in 
adjusting  the  reUitire  value  of  gold  and  silver  so 
as  to  n^tr.in  both  !n  circulation.  Several  nations 
of  antiquity  had  don"  it;  soiao  modern  nations 
also.  The  English  have  both  in  circulation  at 
this  time.  The  French  have  both,  and  have  had 
for  thirty  years.  The  States  of  thit  Union  also 
had  both  in  the  time  of  the  confederation ;  and 
retained  them  until  this  federal  goveriunent 
was  established,  and  the  paper  system  adopted. 
Congress  should  not  admit  that  it  cannot  do 
for  the  citizens  of  the  United  States,  what  so 
many  monarchies  have  done  for  their  subjects. 
Gentlemen,  especially,  who  decry  military  chief- 
tains, should  not  confess  that  they  them.selves 
cannot  do  for  America,  what  a  military  chiePain 
did  for  France. 

Mr.  B.  .->i:.lo  his  acknowledgments  to  the 
great  apostle  of  American  liberty  (Mr.  J.-fler- 
8on),  for  the  wise,  practical  idea,  that  t'.ie  value 
of  pold  was  a  commercial  question,  to  lie  settled 
by  its  value  in  other  countries,  ilc  'lad  seen 
that  remark  in  the  works  of  that  great  man,  and 
treasured  it  up  as  teaching  the  plain  and  ready 
way  to  accomplish  an  apparently  difficult  object ; 
and  he  fully  concurred  with  the  senator  from 
South  Carolina  [Mr.  Calhoun],  that  gold,  in  the 
United  States,  ought  to  be  the  preferred  metal ; 
not  that  silver  shouhl  be  ex|)ellcd,  but  both  re- 
tained ;  the  mistake,  of  anj',  to  be  in  favor  of 
gold,  instead  of  being  against  it. 

IV.  Mr.  B.  believed  that  it  was  the  intention 
and  declared  meaning  of  the  constitution,  that 
foreign  coins  should  pass  cun-ently  as  money, 
and  at  their  full  value,  within  the  United  States; 
that  it  was  the  duty  of  Congress  to  j)romote  the 
circulation  of  these  coins  by  giving  them  their 


full  value  ;  that  this  was  the  design  of  the  States 
in  conferring  upon  Congress  the  exclusive  power 
of  regulating  the  value  of  these  coins;  that  a'l 
the  laws  of  Congress  for  preventing  the  cirr.da- 
tion  of  foreign  coins,  and  underrating  their  \  alue, 
were  so  many  brt>aches  of  the  constitution  and 
so  many  mischiefs  inflicted  u|K)n  the  Stat  v. ;  i\nd 
that  it  was  the  boundcn  duty  of  Congress  tr>  re- 
peal all  such  laws ;  and  to  restore  foreig'i  coins 
to  the  same  free  and  favoretl  circulation  which 
they  possessed  when  the  federal  constitution  was 
adopted. 

In  support  of  the  first  branch  of  his  first  po- 
sition Mr.  B.  quoted  the  words  of  the  constitu- 
tion which  authorized  Congress  to  regulate  the 
value  of  foreign  coins ;  secondly,  the  clause  in 
the  constitution  which  authorized  Congress  to 
provide  for  punishing  the  counterfeiting  of  cur- 
rent coin,  in  which  term,  foreign  coin  was  inclinl- 
ed;  thirdly,  the  clause  which  prohibited  tho 
States  from  making  any  thing  but  gold  and  sil- 
ver coin  a  tender  in  payment  of  debts ;  a  clauso 
which  did  not  limit  the  prohibition  to  domestic 
coins,  and  therefore  included  fori-ign  ones. 
These  three  clauses,  he  said,  were  concurrent. 
and  put  foreign  coin  and  domestic  coin  u]M)n  the 
same  precise  footing  of  equality,  in  every  jmrti- 
cular  which  eoncerne<l  their  ctirient  circulation, 
their  value,  an<l  their  protection  froni  ciHintor- 
feiiiTK.  Historical  recollections  were  the  next 
evidence  to  which  Mr.  B.  referred  to  sustain  his 
position.  He  .said  that  foivign  coins  were  Jthe 
only  coins  known  to  the  Uuite<l  States  at  tho 
adoption  of  the  constitution.  No  mint  had  been 
established  up  to  that  time.  The  coins  of  other 
nations  furnished  the  currency,  the  exclusive 
metallic  curri'iicy,  which  the  States  had  used 
from  the  close  of  the  Uevolutionary  War  up  to 
the  formation  of  this  federal  government.  It 
was  these  fon-ign  coins  then  which  tlu-  frnmers 
of  the  constitution  had  in  view  when  they  in- 
serted all  the  clauses  in  the  constitution  which 
bear  upon  the  value  and  cum-nt  circulation  of 
coin ;  its  protection  from  counterfeiters,  and  flic 
prohibitory  restriction  upon  the  States  with  re- 
spect to  the  illegality  of  tenders  of  any  thing  ex- 
cept of  gold  and  silver.  To  make  this  point  still 
plainer,  if  plainer  v.  ould  be  made,  Mr.  B.  ad- 
verted to  the  early  sta^^utes  of  Congn-ss  which 
relatetl  t-)  foreign  coins.  He  had  seen  no  less 
than  nine  Ktatutcs,  passed  in  the  first  four  years 
of  the  action  of  this  federal  government,  all  en* 


.1 


ANNO  1834.    ANDREW  JACKSON,  PRESIDENT. 


44ft 


m  tlie  design  of  the  Statoi 
[rcsH  the  cxclti8ivv  power 
of  these  coinH ;  thiit  a': 
r  prcventinji  the  cirrala- 
1  underrating;  tlieir  \  uliie, 
of  the  eonstitiition  and 
ted  U|)on  the  Stut-.-. ;  »\nd 
I  duty  of  Coiinress  t<  /  re- 
to  restore  foR-ipr,  coins 
vorc<l  circulation  wliiclj 
}  federal  constitution  was 

t  branch  of  his  first  po- 
;  words  of  the  constitu- 
Congress  to  regulate  the 
secondly,  the  clause  in 
authori/x>d  Congress  to 
ic  counterfeiting  of  cur- 
,  foreign  coin  was  include 
3  which  prohibited  tho 
Y  thing  but  gold  and  sil- 
ment  of  debt-i ;  a  clause 
prohibition  to  domestic 
included  foreign  ones. 
I  said,  were  concurivnt, 
I  domestic  coin  ui>on  the 
equality,  in  every  jmiti- 
heir  curient  circulation, 
rotection  from  comitw- 
illections  wero  the  next 
I.  referred  to  sustain  his 
fi)ix'ign  coins  were  the 
le  United  States  ot  the 
Lion.  No  mint  had  been 
me.  The  coins  of  other 
nirreney,  the  exclusive 
h  the  States  had  use«l 
•volutionary  War  up  to 
ederal  government  It 
then  which  tlu'  frnmers 
in  view  when  they  in- 
the  constitution  wliich 
[1  cum>nt  circulation  of 
)  counterfeiters,  and  the 
jM)n  the  States  with  re- 
tenders  of  any  thing  ex- 
To  make  this  point  Ntill 
d  bo  made,  Mr.  I),  ad- 
ites  of  Congress  which 
lie  had  seen  no  less 
•d  in  the  first  four  years 
ra]  government,  all  en* 


act«d  for  the  purpose  of  rcgulatifig  tho  value, 
protecting  the  purity,  and  promoting  tho  circu- 
lation of  these  coins.  Not  only  the  well-known 
coins  of  the  principal  nations  were  provided  for 
in  these  statutes,  but  tho  coins  of  all  the  nations 
with  whom  we  traded,  how  rare  or  small  might 
be  the  coin,  or  how  remote  or  inconsiderable 
might  be  the  nation.  By  a  general  provision 
of  the  act  of  1789,  the  gold  coins  of  all  nations, 
which  equalled  those  of  England,  France,  Spain 
and  Portugal,  in  fineness,  were  to  be  current  at 
89  cents  tho  pennyweight;  and  the  silver  coins  of 
all  nations,  which  equalled  the  Spanish  dollar 
in  fineness,  were  to  be  current  ut  11 1  cents  the 
ounce.  I'nder  these  general  provisiims,  a  great 
inflii:^  of  the  precious  metals  took  place ;  doub- 
loons, guineas,  half  joes,  were  the  common  and 
familiar  currency  of  farmers  and  laborers,  as 
well  as  of  merchants  and  traders.  Every  sub- 
stantial citizen  then  kept  in  his  house  a  pair 
of  small  scales  to  weigh  gold,  which  are  now 
used  by  his  posterity  to  weigh  physic.  It  is  a 
great  many  years  —  a  whole  generation  has 
grown  up — since  these  scales  weiv  use<l  for  their 
original  p..rpnse ;  nor  will  they  ever  be  needed 
i^raiu  for  (hat  use  until  the  just  and  wise  laws 
of  '89  and  '90,  for  the  general  circulation  of 
foreign  coins,  shall  again  Ih'  put  in  force.  These 
early  statutes,  added  to  historical  recollections, 
could  leave  no  doubt  <»f  the  true  meaning  of  the 
constitution,  and  that  foreign  coins  were  intend- 
ed to  be  for  ever  current  within  the  United 
States. 

With  this  obvious  meaning  of  the  constitu- 
tion, anil  tho  undeniable  advantage  which  re- 
dounded to  the  Unite.!  States  from  the  accjuisi- 
tion  of  the  precious  metals  from  all  foreign  na- 
tions, the  inquiry  naturally  pirsents  itself,  to 
know  for  what  reason  these  coins  have  been 
outlawed  by  the  Congress  of  the  United  States, 
and  driven  from  circulation?  The  in  Miiring 
mind  wishes  to  know  how  Congress  could  be 
brought,  in  a  few  short  years  after  the  adop- 
tion of  the  constitution,  to  cdutradict  that  in- 
strument in  a  vitiil  particular — to  n'|)eal  the 
nine  stntutes  which  they  had  passe«l  in  favor 
of  foivign  I'oiii — and  to  illcpilize  tlie  circida- 
tion  of  that  coin  whose  value  tney  were  to 
regulate,  and  whose  jjurity  to  protect? 

Sir,  said  Mr.  B.,  I  am  unwilling  to  ap|)ear 
always  in  the  same  train,  tracing  up  all  the 
evils  of  our  currency  to  tho  same  fountain  of 


mischiefs — the  introduction  of  the  paper  sys- 
tem, and  tho  first  establishment  of  a  federal 
bank  among  us.  But  justice  must  have  its 
sway ;  historical  truth  must  take  its  course ; 
facts  must  bo  told  ;  and  authentic  proof  shall 
supply  tho  place  of  narrative  and  assertion. 
Wo  ascend,  then,  to  the  year  '91— to  the  exhi- 
bition of  the  plan  for  the  support  of  public 
credit — and  see  in  that  plan,  as  one  of  its  fea- 
tures, a  proposition  for  the  establishment  of  a 
national  mint ;  and  in  that  establishment  a 
subsidiary  engine  for  tho  support  of  the  fe<leral 
bank.  We  have  already  seen  that  in  the  pro- 
position fur  the  establishment  of  the  mint,  gold 
was  largely  undervalued  ;  and  that  this  under- 
valuation has  driven  gold  from  the  country  and 
left  a  vacuum  for  the  circulation  of  federal  bank 
notes ;  we  arc  now  to  see  that  tho  same  mint 
estabiishment  was  to  give  further  aid  to  the 
circulation  of  these  notes,  by  excluding  foreign 
coins,  both  gold  an<l  silver,  from  circulation, 
and  thus  enlarging  the  vacuum  which  was  to 
bo  filled  by  bank  iia]M>r.  This  is  what  we  are 
now  to  see ;  and  to  see  it,  wo  will  look  at  tho 
plan  for  tho  support  of  public  credit,  and  that 
feature  of  the  plan  which  proposes  the  estab- 
lishment of  a  national  mint. 

Mr.  B.  would  remark,  that  four  points  were 
presented  in  this  plan :  1.  The  eventual  aboli- 
tion of  the  currency  of  foreign  coins;  2.  Tho 
reduction  of  their  value  while  allowed  to  circu- 
late ;  •).  The  substitution  of  domestic  coins } 
and,  4.  The  substitution  of  bank  notes  in  placo 
of  the  uncurrent  and  undervalued  foreign  coins. 
Such  were  the  recommendations  of  Secretary 
Hamilton  ;  and  legislative  cnactineTi's  quickly 
followed  to  convert  his  reconnuenilations  into 
law.  Tho  only  power  the  constitution  had 
given  to  Congress  over  foreign  coins,  was  a 
power  to  regulate  their  value,  and  ti»  protect 
them  from  debasement  by  counterfeiters.  It 
was  certainly  a  most  strangi<  construction  of  that 
authority,  first,  to  underrate  the  value  of  these 
coins,  and  next,  to  prohibit  their  circulation  ! 
Yet  both  tilings  were  done.  The  mint  went  in- 
to o|KTation  in  1794;  fori'ign  coins  wen' to leaso 
to  Ik*  a  legtd  tender  in  1797  ;  but,  at  the  end  of 
that  time,  the  cont'iigencies  on  which  the  Sicre- 
tary  calculated,  to  enable  the  eouuliy  to  do  with- 
out foreign  coins,  had  not  occurred;  (he  sub- 
stitutes had  not  ap|N>ared ;  the  mint  had  not 
suppUcd  the  ade<|u«te  quantity  uf  domestic  coii^ 


I!  •*'l 


446 


•nilRTT  YEARS'  VIEW. 


If,  :'Ti 

\    1    w 

li       !'  t  '.   IN  * 


^H't 


Vf 


K 


nor  had  the  rirciilation  of  bank  notcn  become 
sufficiently  faniiliAr  to  the  people  to  Riipersede 
gold.  The  law  for  the  exclusion  of  foreif^  coins 
was  found  to  l)c  impracticable;  and  a  HUflpcnsion 
of  it  for  three  years  was  enacted.  At  the  end  of 
tliis  time  the  evil  was  found  to  bo  as  great  as 
ever ;  and  a  further  suspension  of  three  years 
was  nmde.  This  third  term  of  three  years  also 
rolleil  over,  the  supply  of  domestic  coins  was 
still  found  to  1)0  inadequate,  and  the  people  con- 
tinue<l  to  bo  as  averse  as  ever  to  the  bank  note 
mibstitute.  A  fourth  suspension  of  the  law  be- 
came necessary,  and  in  1806  a  further  sus|)ension 
for  throe  years  was  made  ;  after  that  a  fifth,  and 
finally  a  sixth  susi)ension,  each  for  the  period 
of  three  years ;  which  brought  the  period  for  the 
actual  and  final  cessation  of  the  circulatiim  of 
foreijrn  coins,  to  the  month  of  November,  1819. 
From  that  time  there  was  no  further  susitension 
of  the  prohibitory  act.  An  exception  was  con- 
tinued, and  still  remains,  in  favor  of  •''Spanish 
milled  dollars  and  parts  of  dollars ;  but  all  other 
foreign  coins,  even  those  of  Mexico  and  all  the 
South  American  States,  have  ceased  to  Imj  a  legal 
tender,  and  have  lost  their  jharacter  of  current 
money  within  the  Tiiited  States.  Their  value 
is  degraded  to  the  mint  price  of  bullion ;  and 
thus  the  constitutional  currency  becomes  an  ar- 
ticle of  uiercliaitdise  and  exportation.  Even  the 
Spanish  milled  dollar,  though  continued  as  a 
legal  tender,  is  value<I,  not  as  nioiiey,  but  for  the 
pure  silver  in  it,  and  is  then-fore  undervalued 
three  or  four  p<T  cent,  and  liecomes  an  article  of 
mercliiindise.  The  Bank  of  the  United  States 
has  collected  and  sold  4,450,n0()  of  them.  Every 
niomy  dealer  is  employed  in  buying, selling,  and 
exporting  them.  The  South  and  West,  which 
ri'Cfives  them,  is  strippinl  of  them. 

Having  gone  through  this  narrative  of  fiwts, 
and  shown  the  exclusion  of  foreign  coins  from 
circulation  to  be  a  part  of  the  paper  system,  and 
intended  to  facilitate  the  substitution  of  a  bank 
note  currency,  .^Ir  B.  went  (Ui  to  state  the  in- 
juries resulting  froir,  the  nu'asiire.  At  the  head 
of  the^e  injuries  he  was  bound  to  place  the  vio- 
lation of  the  constitution  of  the  rnited  Statis, 
which  clearly  iute.idcd  that  foreign  coins  should 
circulate  among  us,  and  which,  in  giving  Con- 
gress authority  to  regulate  tluir  value,  aiul  to 
protect  them  from  eoimterfciters,  <ould  never 
have  intended  to  slop  their  circulation,  and  to 
ibandou  them  to  debasement.    '2.  He  denouiiced 


this  exclusion  of  foreign  coins  as  a  fWtud,  and  a 
fr.iud  of  the  most  injurious  nature,  upon  the 
people  of  the  States.  The  States  had  surren- 
dered their  power  over  the  coinage  to  Congress ; 
they  made  the  surrender  in  language  which 
clearly  Implied  that  their  currency  of  foreign 
coins  was  to  be  coutinucil  to  them  ;  yet  that 
currency  is  suppressed  ;  a  currency  of  intrinsic 
value,  for  which  they  paid  interest  to  nobody,  is 
suppressed ;  and  a  currency  M-ithout  intrinsic 
value,  A  currency  of  paper  subject  to  every  fluc- 
tuation, and  for  the  supply  of  which  cornorate 
bodies  receive  interest,  is  substituted  in  its  place. 
3.  He  objected  to  this  suppression  as  depriving 
the  whole  Union,  and  especially  the  Western 
States,  of  their  due  and  necessary  supply  of  hard 
money.  Since  that  law  took  efiecl,  the  I'nitetl 
States  had  only  been  a  thoroughfate  for  fiucign 
coins  to  pass  through.  All  that  was  brought 
into  the  country,  hiul  to  gt»  out  of  the  country. 
It  was  exported  as  fimt  as  imported.  The  cns- 
tom-house  books  proved  this  fact.  They  proved, 
that  fnun  1821  to  183.'1,  the  imports  of  specie 
were  ^89,428,4(12 ;  the  exports,  for  the  same 
time,  were  ^88, 82 1, 4 X>;  lacking  but  thnr  quar- 
ters of  a  million  of  being  precisely  equal  to  the 
imports  !  Somt;  of  this  coin  was  n'coiiied  lie- 
t'ure  it  was  e.\j)orted,  a  fodlish  and  expensive 
operation  (m  the  part  of  the  United  States;  but 
the  greater  i>art  was  exported  in  the  siinie  farm 
that  it  was  received.  Mr.  1>.  had  only  been  altle 
to  get  the  exports  and  imports  fnmi  1821  ;  if  ho 
could  have  obtained  those  of  1820,  and  the  con- 
cluding part  of  1819,  when  the  prohibitory  law 
took  effect,  the  amount  would  have  been  about 
ninety-six  millions  of  dollars ;  the  whole  of 
wliieh  was  lost  to  the  coiuitry  by  the  prohibi- 
tory  law,  while  nuich  of  it  would  have  been 
saved,  and  retained  for  home  circulation,  if  it 
had  not  been  liir  this  law.  The  loss  of  this 
great  sum  in  specie  was  an  injury  to  the  whole 
i'nion,  but  especially  to  the  Western  States, 
whose  Kole  resource  for  coin  was  from  foreign 
countries;  for  the  coinage  of  the  mint  could 
never  How  into  that  region  ;  there  was  nothing 
in  the  course  of  traile  and  exchanges,  to  carry 
money  from  the  Atlantic  States  to  the  West; 
and  the  mint,  if  it  coined  thousands  of  millions, 
coifld  not  supply  them.  The  taking  eti'ect  of 
tlte  law  in  the  year  1819,  was  an  aggravation 
of  the  injury.  It  was  the  most  mifoitunate  and 
ruinous  of  all  timeu  fur  driving  specie  from  tbo 


,t9i 


ANNO  1834.     ANDREW  JACKSON,  PR^»^r^ENT. 


447 


country.    The  Western  banks,  from  their  ex- 
ertions to  aid  the  country  during  the  war,  had 
stretched  their  isKues  to  the  utmost  limit; 
their  notes  had  gone  into  the  land  offices ;  the 
federal  gOTcrnmcnt  turned  them  over  to  the 
Bank  of  the  United  States  ;  and  that  bank  de- 
manded specie.    Thus,  the  necessity  for  specie 
was  increased  at  the  very  moment  that  the  sup- 
ply was  diminished ;  and  the  gcnernl  stoppii^^; 
of  the  Western  banks,  was  the  inevitable  and 
natural  result  of  these  combined  cirtMuritancos. 
Having  shown  the  great  evils  resu'ting  to  (he 
country  from  the  operation  of  th's  law,  Mr.  B. 
called  upon  its  friends  to  tell  .vhat  reason  «ould 
now  be  given  for  not  repealing  it  ?    He  afllnned 
that,  of  the  two  causes  to  which  the  law  owed 
its  origin,  one  had  failed  in  loti),  and  tlie  other 
had  succeeded  to  a  degree  to  make  it  the  curse 
and  the  nuisance  of  the  country.     One  reason 
was  to  induce  an  adequate  supply  of  foreign 
coins  to  lie  brought  to  the  mint,  to  Ihj  recoin- 
cd;  the  other  to  facilitate  the  substitution  of  a 
bank  note  currency.    The  foreign  coins  did  not 
go  to  the  mint,  those  excepted  which  were  im- 
j>orted  in  its  own  neighborhood  ;ntid  even  these 
wore  exporte<l  nearly  as  fast  as  recoined.     The 
autiiority  of  the  director  of  the  mint  hud  al- 
rcatly  la-en  quoted  to  show  that  the  new  coin- 
ed gold  was  traiisfcnvd  direct  from  the  na- 
tioimi  mint  to  the  packet  ships,  lioinid  to  Ku- 
rojH'.     The  custom-house  returns  showed  the 
large   exportation  of  iloniestic    coins.      They 
would  l)e  found  under  the  head  of  "Domestic 
Munufiu'tures  Exported;'"  and    made   a   large 
figure  in  the   list  of  these  exports.      In  the 
year  18.52,  it  atnounted  to  !g2,()r)S,474,  and  in 
tlie  year  1833,  to  ,^I,41(V.t41  ;  and  every  year 
it  was  more  or  less  ;  so  that  the  national  mint 
had  degenerated  into  a  dointstic  manufactory 
of  gold  and  silver,  for  exjjortiition  to  foreign 
cmmtries.     Hut  the  coins  imported  at  New  Or- 
leans, ikt  Charleston,  and  at  other  points  re- 
mote from  ]M'.i!a<ieipiiiu,  did  ju)t  go  there  to  Ik; 
recoined.    1'hey  were,  in  part,  exporteil  direct 
from  the    dace  of  iiu])ort,  and  in  part  used  by 
the  people  as  current  money,  in  disregard  of 
the  pndiibitory  law  of  I8I!».     Hut  the  greater 
part  was  exported — for  no   owner  of  foreign 
coin  coUid  incur  the  trouble,  ri^k,  and  txpensi', 
of  Hcnding  it  some  hundred  or  a  thousand  miles 
to  PhiUdel|ihia,  to  have  it  recoined;  and  then 
incurring  the  same  ex|R'nse,  risk,  and  trouble 


(lying  out  of  the  use  of  the  money,  and  rcceiT- 
ing  no  interest  all  the  while),  of  bringing  it 
back  to  Im!  put  into  circulation ;  with  the  frir- 
ther  risk  of  a  deduction  for  want  of  standard 
fineness  at  the  mint,  when  ho  could  sell  and 
ex|X)rt  it  upon  the  spot.    Foreign  coins  could 
not  be  recoined,  so  as  to  supply  the  Union,  by 
a  solitary  mint  on  the  Atlantic  coast.     The 
great  West  could  only  be  supplied  from  New 
Orleans.     A  branch  of  the  mint,  placed  there, 
could  supply  the  West  with  domestic  coins. 
Mexico,  since  she  became  a  free  country,  has 
established  seven  mints  in  dilTerent  places,  be- 
cause it  was  troublesome  and  expensive  to  car- 
ry bullion  from  all  parts  of  the  country  to  bo 
coined  in  the  eojiital ;  and  when  coined  there, 
there  was  nothing  in  the  course  of  trade  to  car- 
ry them  back  into  the  coimtry  ;  and  the  owners 
of  it  woidd  not  be  at  the  expense  and  trouble 
of  carrying  it  back,  and  getting  it  into  circula- 
tion, iK'ing  the  exact  state  of  things  at  present 
in  the  gold  mines  of  the  Southern  States.    The 
United  States,  upon  the  same  principles  and  for    ^ 
the  same  reasons,  should  establish  branches  of 
the  mint  in  the  South,  convenient  to  the  gidd 
mine  region,  and  at  New  Orleans,  for  the  ben- 
efit of  that   city  and   the    West.     Without   a 
branch  of  the  mint  at  New  Orleans,  the  admis- 
sion of  foreign   coins  is  iudisiiensable  to  tho 
West ;    and  thus  the  interest  of  that  region 
joins  itself  to  the  voice  of  the  constitution  in 
<lemanding  the  immediate  r('|)eal  of  alt  laws  for 
illegalixing  the  circulation  of  these  coins,  and 
for  sinking  them  from  their  current  value  as 
money,  to  their  mint  value  as  bullion.     Tho 
design  of  supplying  the  mint  with  foreign  coins, 
for  recoinage,  had  tlien  failed  ;  and  in  that  re- 
si)ect  the  exclusion  of  foreign  coirs  has  failed 
in  one  of  its  objects — in  the  other,  that  of  mak- 
ing room  for  a  substitute  of  liank  notes,  the 
success  of  the  scheme  has  Iwen  complete,  ex- 
cessive, and  deplorable. 

Foreign  coins  wew  again  made  a  legal  tender, 
their  value  regulated  and  their  importation  en- 
courageil,  at  the  expiration  of  the  charter  of  tho 
first  Haidt  of  the  United  States.  This  continued 
to  be  the  case  until  alter  the  |ire«ent  Ihink  of  tho 
United  States  was  chartered ;  as  soon  as  that 
event  hap|Kiied,  and  bank  policy  again  iKcame 
pivdominant  in  (he  halls  of  Congress,  the  cir- 
cidation  of  foreign  coins  was  iigain  struelv  at; 
and,  in  the  second  year  of  the  existeuct!  of  the 


448 


THIRTY  YEARS'  VIEW. 


bank,  tho  old  act  of  1793,  for  rendering  these 
coins  uncurrort,  was  cat  ricd  into  final  and  com- 
plete effect.  Since  that  time,  the  bank  has  cn- 
joye<I  all  her  advantages  from  this  exclusion. 
The  expulsion  of  these  coins  has  created  a 
vacuum,  to  be  filled  np  by  her  small  note  cir- 
culation; tho  traffic  and  trade  in  them  has 
been  as  large  a  source  of  profit  to  her  as  of 
loss  to  the  coimtry.  Oold  coin  she  has  sold  ut 
an  advance  of  five  or  six  per  cent. ;  silver  coin 
at  nbout  two  or  three  per  cent ;  and,  her  hand 
being  in,  she  made  no  difference  between  selling 
domestic  coin  and  foreign  coin.  Although  forbid 
by  her  charter  to  deal  in  coin,  she  has  employed 
her  branches  to  gather  !gl40,040,000  of  coin  from 
the  Stag's ;  a  large  part  of  which  she  admits  that 
she  hns  sold  and  transported  to  Europe.  For 
tho  sale  of  tho  foreign  coin,  she  sets  up  the  law- 
yer-like plea,  that  it  is  not  coin,  but  bullion ! 
resting  the  validity  of  the  plea  upon  English 
statute  law !  while,  by  tho  constitution  of  the 
United  States,  all  foreign  coins  are  coin ;  while, 
by  her  own  charter,  the  coins,  both  gold  and 
silver,  of  Great  Britain,  France,  Spain,  and  Por- 
tugal, and  their  dominions,  are  di>clared  to  be 
coin  ;  n-  as  such,  made  receivable  in  payment 
of  the  s;  cie  proportion  of  the  bank  stock — and, 
worse  yet!  while  Spanish  dollars,  by  statute, 
remain  tho  current  coin  of  the  United  States, 
the  l)nnk  admits  the  sale  of  4,450,142  of  these 
idcnticai  Spanish  milled  dollar.' ! 

Mr.  B.  then  took  a  rapid  view  of  the  present 
condition  of  the  statute  currency  of  the  United 
States — of  that  currency  which  was  a  legal  ten- 
der— that  currency  with  which  a  debtor  had  a 
right  by  law  to  protect  his  property  from  execu- 
tion, and  his  body  from  jail,  by  offering  it  as  a 
matter  of  right,  to  his  creditor  in  payment  of  his 
debt.  lie  stated  this  statute  currency  to  be: 
1st.  Coins  from  the  mint  of  tho  United  Slates ; 
2dly.  Spanish  n)illed  dollars,  and  the  parts  of 
such  dollars.  This  was  the  sum  total  of  tho 
statute  currency  of  tho  United  States ;  for  hap- 
pily no  {taiKT  of  any  bank.  State  or  fe<leral, 
could  be  made  a  legal  tender.  This  is  the  sum 
total  out  of  which  any  man  in  debt  can  legally 
pay  his  debt :  and  w  !iat  is  his  chance  for  nmking 
I !'  'HI'  \r  out  of  this  brief  list?  Ix>t  us  see. 
CoMU'^i  from  t'l'j  mint:  not  a  particle  of  gold, 
nor  a  aingle  whole  dollar  to  be  found  ;  very  few 
V.!'  (i  lia.'N  ( .  ccj  t  In  the  neighl*  rhood  of  the 
lai'^  tind  m  (h«  ii^'id-  of  the  1^  i.  \k  of  the  United 


States  and  its  brancheo ;  the  twenty,  ten,  and 
five  cent  pieces  scarcely  seen,  except  as  a  cu- 
riosity, in  tho  interior  part*  of  the  country. 
So  much  for  the  domestic  coinage.  Now  for 
the  Spanish  milled  dollars — how  do  they  stand 
in  the  United  States  ?  Nearly  as  scarce  as  our 
own  dollars ;  for,  there  has  been  none  coined 
since  Spain  lost  her  dominion  over  her  colo- 
nies in  tho  New  World ;  and  the  coinage  of  these 
colonies,  now  independent  States,  neither  is  in 
law,  nor  in  fact,  Spanish  milled.  That  term 
belongs  to  tho  coinage  of  the  Spanish  crown 
with  a  Spanish  king's  head  upon  the  face  of  it; 
although  the  coin  of  the  new  States,  the  ailvor 
dollars  of  Mexico,  Central  America,  Peru,  and 
Chili,  are  superior  to  Spanish  dollars,  in  value, 
bccatif  'hey  crin^ain  more  pure  silver,  still 
they  are  not  a  tender ;  and  all  the  francs  from 
France,  in  a  word,  all  foreign  coin  except  Sjjan- 
ish  milled  dollars,  tho  coinage  of  which  has 
ceased,  and  the  country  stripped  of  all  tliat 
were  in  it,  by  the  Bank  of  the  United  States, 
are  uncurrent,  and  illegal  as  tenders :  so  that  the 
people  of  the  United  States  are  reduced  to  so 
small  a  list,  and  so  small  a  supply  of  statute 
currency,  out  of  which  debts  can  legally  lie 
paid,  tliat  it  may  be  fairly  assumed  that  tlic 
whole  debtor  part  of  the  community  lie  at  the 
mercy  of  their  creditors,  to  have  their  bodies 
sent  to  jail,  or  their  property  sold  for  iiotliin;;, 
at  any  time  that  their  creditors  please.  Tu 
such  a  condition  are  the  five  and  high-minded 
inhabitants  of  this  country  reduced !  and  re- 
duced by  the  power  and  policy  of  the  first  and 
second  Banks  of  tho  United  States,  and  the 
controlling  influence  which  they  have  exereisid 
over  the  moneyed  system  of  the  Union,  from 
the  year  1791  down  t(*  the  present  day. 

Mr.  U.  wou'id  conclude  what  he  had  to  say, 
on  this  head,  with  one  remark;  it  was  this: 
that  while  the  gold  and  silver  coin  of  all  tlie 
monarchs  of  Europe  were  excluded  from  circu- 
lation in  the  United  States,  the  paiier  notes  of 
their  suhjects  were  received  as  current  money. 
The  Bank  of  the  United  States  was,  in  a  great 
degree,  a  foreign  institution.     Foreigners  luM 

'  a  great  part  of  its  stock,  and  may  hold  it  all. 

I  The  pajjcr  nntes  issued  by  this  institution,  thus 

I  composed  in  great  partof  tlif  subjects  ofEuro- 
]M.'an  kings,  are  nmde  legal  tenders  to  the  fed- 
eral government,  and  thus  forced  into  circuln- 

,  tion  among  Ihe  jwople  j  while  the  gold  and  sil 


ANNO  1884,    ANDREW  JACKSON,  PRESIDENT. 


449 


heo ;  the  twenty,  ten,  and 
ct'ly  seen,  except  u  a  cn- 
ior  partB  of  the  country, 
mcstic  coinage.  Now  for 
)llar8— how  do  they  stand 
7  Nearly  as  scarce  as  our 
>re  has  been  none  coined 
dominion  over  her  colo- 
d  i  and  the  coinage  of  these 
ulcnt  States,  neither  is  in 
nish  milled.  That  term 
ge  of  the  Spanish  crown, 
I  hca(]  upon  the  face  of  it ; 
the  new  States,  the  silver 
L-ntral  America,  Peru,  and 
i  Spanish  dollars,  in  value 
1  more  pure  silver,  still 
;  and  all  the  francs  from 
foreign  coin  except  Span- 
he  c(<inage  of  which  lias 
iitry  stripped  of  all  that 
ink  of  the  United  States, 
igal  as  tenders :  so  that  the 
States  are  reduced  to  so 
small  a  supply  of  statute 
ich  debts  can  legally  lie 
fairly  assumed  that  tlio 
the  community  lie  at  tlic 
ors,  to  have  their  boi'.ieg 
roiwrty  sold  for  notliin^. 
^ir  creditors  please.  To 
the  fix>e  and  high-mimled 
ountry  reduced !  and  re- 
nd policy  of  the  first  and 
I'uited  States,  and  tin- 
vhich  they  have  exerciwd 
stem  of  the  Union,  from 
tt  the  present  day. 
ude  what  he  had  to  say, 
no  remark ;  it  was  this : 
ind  silver  coin  of  all  the 
kvere  excluded  from  circu- 
Itates,  the  pajter  notes  of 
ceived  as  current  money. 
:ed  States  was,  in  a  great 
itution.  Foreigners  luM 
ook,  and  may  hold  it  nil. 
d  by  Ihi.s  institution,  tliiis 
t  of  till'  subjects  of  Euro- 
legal  tenders  to  the  fed- 
thns  forced  into  circula- 
' ;  while  the  gold  and  sil 


ter  com  of  the  kings  to  which  they  bclonu,  is 
rtsjected  and  excluded,  and  expelled  from  th.< 
country !  Ho  demanded  if  any  thing  couM 
display  the  vice  and  deformity  of  the  paper  sys- 
tem in  a  more  revolting  and  humiliating  point 
of  view  than  this  single  fact  ? 

V.  Mr.  H.  expressed  his  satisfaction  at  find- 
ing so  many  points  of  concurrenw  Iwtween  his 
sentiments  on  currency,  and  those  of  the  si-na- 
tor  from  South  Carolina  (Mr.  Calhoun).  Re- 
form of  the  gold  currency — recovery  of  specie 
—evils  of  excessive  banking — and  the  eventual 
suppression  of  smo,II  notes — were  all  points  in 
which  they  agreed,  and  on  which  ho  hoped  they 
should  be  found  acting  together  when  these 
measures  should  bo  put  to  the  test  of  leginla- 
tive  action.  He  regretted  that  he  could  not 
concur  with  that  senator  on  the  great  points  to 
which  all  the  others  might  be  found  to  be  subor- 
dinate and  accesscjrittl.  Ho  alluded  to  the  pro- 
longed existence  of  the  Bank  of  the  United 
States!  and  especially  to  the  practical  views 
which  that  senator  had  taken  of  the  beneficial 
oiHjration  of  that  institution,  first,  as  the  regu- 
lator of  the  local  currencies,  and  next,  as  the 
supplier  of  a  general  currency  to  the  Union. 
On  both  these  points,  he  differed — immeasiirn- 
lily  dilTeml— from  that  senator ;  and  dropping 
all  other  views  of  that  bank,  lie  cnmc  at  once 
to  the  point  which  the  senator  from  South  Ca- 
rolina tnai-ke<l  out  as  the  true  and  practical 
question  of  debate;  and  would  discuss  that 
question  simply  under  its  relation  to  the  cur- 
rency ;  he  would  view  the  bank  simply  as  the 
regulator  of  local  currencies  and  the  supplier 
of  a  national  currency,  an<l  would  give  his  rea- 
sons for  differing — irreconcilably  differing — 
from  the  senator  from  South  Carolina  on  theae 
points. 

Mr.  B.  took  three  distinct  objections  to  the 
Bank  of  the  United  States,  ua  a  regulator  of 
currency:  I,  that  this  was  a  power  which  Iw- 
lonpcd  to  the  government  of  the  United  States ; 
2,  that  it  could  not  be  delegated;  .3,  that  it 
ought  not  l>e  delegated  to  any  bank. 

I.  Tiie  regulation  of  the  currency  of  a  nation, 
Mt  n.  said,  was  one  of  the  highest  and  most 
delicate  acts  of  sovereign  power.  It  was  pre- 
cisely eipiivalcnt  to  the  power  t<»  create  cur- 
rency ;  lor,  a  power  to  make  more  or  less,  was, 
in  clFect,  a  power  to  make  nnich  or  none.  It 
Wka  the  coining  power ;  a  power  that  belonged 

Vol.  I.— 29 


to  the  sovereign ;  and,  where  a  paper  currency 
was  tolerated,  the  coining  power  was  swallow- 
ed up  and  miperseded  by  the  manufactoiy  which 
emitted  pai)er.    In  the  present  state  of  the  cur- 
rency of  the  United  States,  the  federal  bank 
was  the  mint  for  issuing  money ;  the  federal 
mint  was  a  manufactory  for  preparng  gold  and 
silver  for  exiHirtation.    The  States,  in  the  for- 
mation of  the  constitution,  gave  the  coining 
power  to  Congress ;  with  that  power,  they  gave 
authority  to  regulate  the  currency  of  the  Union, 
by  regulating  the  value  of  gold  and  silver,  and 
preventing  any  thing  but  metallic  money  from 
being  made  a  tender  in  payment  of  debts.     It 
is  by  the  exercise  of  these  powers  that  the 
federal  government  is  to  regulate  the  currency 
of  the  Union ;  and  all  the  departments  of  thr 
government  are  reiiuired  to  act  their  parts  in 
effecting  the  regulation :  the  Congress,  as  the 
department  that  passes  the  law  ;  the  President, 
as  the  authority  that  recommends  it,  approves 
it,  and  sees  that  it  is  faithfully  executed ;  the 
judiciary,  as  standing  betweeu  the  debtor  and 
creditor,  and  |ireveuting  tiio  execution  from  be- 
ing discharged  by  any  thing  but  gold  and  silver ; 
and  that  at  the  rate  which  the  legislative  de- 
partment has  fixed.   This  is  the  power,  and  solo 
power,  of  regulating  currency  which  the  federal 
constitution  contains;  this  |)ower  is  veste<l  in 
the  federal  government,  isot  in  one  dc|>artment 
of  it,  but  in  the  joint  action  of  the  three  de- 
partments ;  and  while  this  power  is  exercised 
by  the  government,  tlif  cunency  <if  the  whole 
I'nion  will  Ik)  regulate'!,  and  the  regulation  ef- 
fected according  to  the  intention  of  tho  consti- 
tution, by  keeping  all  lli<  hu^l  l>unks  up  to  the 
point  of  H\iec'\ii  payun         and  tlu  reby  making, 
the  value  of  their  noti       (uivalent  to  B|M'cie. 

2.  This  great  and  ili  ite  power,  thus  involT- 
ing  the  sacred  relati"  f  debtor  and  creditor,, 
and  the  actual  rise  <m  lull  in  the  value  of  every 
nuiii's  proiK'rty,  Mi  M.  undertook  to  affirm, 
could  nut  Ixi  dele^;.!  d.  It  was  a  trust  from' 
tho  State  goven  lenis  to  the  IVderul  govenj- 
meut.  The  Stiii  j-vernnants  div<.stc(l  them- 
selves of  this  |M.«ir,  and  inveslvd  tin  federal 
government  with  it,  and  made  its  exercise  do. 
|H-nd  upon  the  thiti  luuneheH  of  the  new  gov 
eninient ;  and  this  new  governnieni  cuuhl  nn 
more  delegate  it.  than  ihey  could  delegate  anj 
other  great  power  which  they  were  bound  to 
execute  themselves      Nut  a  word  of  tJiiti  regu. 


*l 


450 


TimiTY  YKAHS-  VIKW. 


i'U. 


I 


!  ■. 

!     1 

f 
i 


M1      :*H 

« 

'   J,  ■ 


Uting  powrr,  Mr.  11.  oniil,  wnn  lionnl  t)f  wIhmi 
tlic  first  Imnk  mus  rimrloivil,  in  tlio  yonr  I71M. 
No  jHTHon  wIiifiH-riMl  t»iicli  u  roiismi  Tor  i\w  rs- 
tal>liMliinciit  of  n  Imnk  at  tlint  (itnc;  the  wliolc 
oon<H'|)ti()ii  in  tH'wfiiiij;l«Ml — nil  nftcrtlioii^lit  — 
p^roM'iiiK  out  of  the  vory  i'viIh  wliiHi  tlit*  Iiiiiik 
iU*i>iriins  liri)iip;ht  ii|miii  the  coiiiilry,  iiiid  wliicli 
titv  to  Ik>  ciircil  ^-  putting  down  tliiil  grnit 
Imnk  ;  nfTlcr  whicli,  tin*  roiigrt's»  niiil  llio  jmli- 
rinry  will  rasily  iiinnngo  tin*  miiiiiII  liniikA,  liy 
lioliling  tlu'in  up  to  h|h.mmi>  pnyinriitH,  luxl  t>\- 
rlutling  ovory  iinHoliii  note  from  rovoniio  pny- 
nirntx. 

n.  Mr.  n.  cniil  tlint  tlu'povi'rnnn'iit  oii^jilit  not 
to  (k>li<gnli>  lliiH  power,  if  it  roiiUi.  It  wii8  too 
gn-at  n  power  to  U'  truKlcd  to  niiy  Imnkiiig; 
conipnny  wlialrver,  or  to  niiy  niitliority  luit  tin- 
higlifst  ami  most  n-sponsilili' wliirli  wan  known 
to  our  form  of  povi'rnincnt.  Tlu-  govi'mmont 
itself  eeaM'il  to  ik'  inile|H*mleiit — it  tvai<e«  to  lie 
safe — wlien  tlie  national  eurieiicy  is  a(  the  will 
of  n  company.  The  government  eiiii  iimlertake 
no  great  iMit»rprise,  neither  of  war  nor  jH-acv, 
without  the  eonsent  and  eo-o|H'rntioii  nf  that 
Goni|iany  ;  it  eannot  count  its  nveiiueH  fur  six 
months  ahead  without  referring  to  the  action 
of  (hat  ciimpany — its  friendship  or  its  enmity — 
ltd  eonciirieiuv  or  opposition — to  see  how  f;ir 
that  com|':iiiy  w ill  |H'iinit  money  to  Ih>  plenty, 
or  make  it  scarce;  how  far  it  will  let  the  mo- 
neyed system  jro  on  iv;;ularly,  or  throw  it  into 
disorde:- ;  Imw  Car  it  will  suit  the  interests,  or 
policy,  of  that  compiiny  to  cpi'ath  a  tem|H>Ht,  or 
to  sulfer  a  e:iliii,  in  the  moneyed  ocean.  The 
people  arc  not  safe  w  hen  a  company  has  such  a 
ptiwer.  Til"  temptation  i.s  too  great — the  op- 
portunity too  easy — to  put  up  and  put  down 
prices;  to  make  ami  hreak  fortunes;  to  luing 
the  whole  coiiimunity  upon  its  knees  tti  the 
Ncptiines  who  pn-side  over  the  lliix  and  retliix 
ofpaiH'r.  .\1I  pro|HTty  is  at  their  mercy.  The 
price  of  real  estate — of  every  growing  crop — 
of  every  staple  article  in  market — is  at  their 
coinmanil.  Slocks  are  their  playthings — their 
gamhlin^:  t!ualie — on  which  they  gamhle  daily, 
with  as  Utile  secrecy,  and  as  little  morality, 
ftud  I'armoiv  mischief  to  fortunes,  than  common  ' 
gnniMi  r*  eirry  on  ihi-ir  operation^.  The  pliilo- 
Sdphir  N'o'lairi',  a  ••entiirv  «;:o,  from  his  retreat 
in  Forney,  ga\e  a  lively  description  of  tliic  ojK'r- 
ution.  hy  which  he  wtis  made  a  winner,  without 
ibu  truuliie  of  playing.     I  have  u  friend,  .-aid 


he,  who  JH  a  director  in  the  Bank  ol  Knincc. 
who  writes  to  me  when  they  are  going  to  nmko 
money  plenty,  and  mnkc  stockn  rise,  and  then  I 
give  ordeiH  to  my  hroker  to  well  j  nn<l  he  writes 
t<i  me  when  they  are  going  to  make  money 
scarce,  and  make  stocks  fall,  and  then  I  write  to 
my  hroker  to  liny ;  niid  thuv,  at  a  hiindicil 
leagues  fnmi  Paris,  and  without  moving  from  my 
chair,  I  ninko  money.  This,  said  Mr,  11.,  is  tlip 
operation  o;i  stoj-ks  to  the  pix-sent  day  ;  and  it 
cannot  hesafe  to  the  hidders  of  stock  (hat  then' 
should  Ih'  n  moneyed  jKiwer great  enough  in  this 
country  to  niise  and  depress  the  prii-es  of  thi.jr 
pro|K'rty  nt  pleasure.  The  great  cities  of  iIh' 
I'liion  are  not  safe,  while  a  company,  in  any 
other  city,  have  power  over  their  moneyed  sys- 
tem, and  are  aMe,  hy  making  money  scanv  or 
plenty — hy  exciting  panics  and  alarms — to  put 
up,  or  put  ilown,  the  price  of  the  staple  articlen 
in  which  they  deal.  Kvery  commercial  city,  for 
its  own  safely,  should  have  an  independent  iiin- 
m-yed  system — should  Ik>  free  from  (he  coniiul 
and  r«>gulation  of  a  distant,  post.ilily  a  rival  city, 
in  the  means  of  carrj-ing  on  its  own  trade. 
Thus,  the  safety  of  the  pivernnieiil.  (he  sality  ol' 
the  jK'ople,  (he  interest  of  all  owiu-rs  of  pni|K-i'tv 
— of  all  growing  <'rops  -  the  hohU'is  of  all  stocks 
— tlie  exporters  of  nil  s(aple  ar(icles — reipiiri' 
that  the  regulation  of  the  ciirivncy  should  lie 
kept  out  of  (he  hands  of  a  jrreat  hanking  com- 
pany ;  that  it  should  remain  where  thecoiistilii 
(ion  plnced  it— in  the  hands  of  (lu'  federal  p>- 
vernment — in  (he  hands  of  their  n'pivsen(ntives 
who  are  elec(ed  hy  (hem,  n>sjM)nsihle  to  them, 
may  he  exchniip-d  hy  (hem,  who  can  pass  lui 
law  for  ivgnlaling  currency  which  will  not  lienr 
upon  (hem.selves  as  well  as  upon  (heir  constitu- 
ents. Thi"*  is  whn(  (he  safety  of  the  comimiiiitv 
reijnires  ;  and,  for  one,  he  (.Mr.  I!.)  would  not, 
it'  he  coulil,  delegate  the  power  of  regulating  (lie 
cnrniicy  of  (his  gn-at  country  (o  any  hankiii:; 
company  whatsoever.  It  was  n  power  to<»  tn- 
meniloiis  to  he  trusted  (o  a  com|iaiiy.  The 
.•^'tates  thought  it  (oo  grea(  a  power  to  lie  triistod 
to  the  .State  governmeids;  he  (Mr.  15.)  (liought 
so  (oo.  The  .States  confided  it  to  the  fiiUial  ;;(.- 
vernment  ;  he,  for  one,  would  conllne  it  to  the 
fifler.d  government,  and  would  make  that  pn 
vernment  exercise  it.  .\1iove  all,  he  would  not 
coiif«-r  it  upon  a  bank  which  was  itself  alMivo 
ij'gulation  ;  and  on  (his  point  he  called  iijion 
(he  Senate  to  recollect  the  (question,  apparently 


ANNO  1884.     ANDREW  JACKSON,  PUraiDKNT. 


451 


in  tlic  Bnnk  ot  Knincc. 
n  ihvy  nro  goiiiK  •♦>  "inko 
ko  Htorkit  rise,  niul  tlicn  I 
kcr  til  sell ;  nnil  \w  wrilos 

0  noiii}!;  to  make  nioin<v 
iH  fall,  ami  (lien  I  write  lo 
and  tliii-',  at  a  liiiiidi'dl 

1  witlidiit  inovin{<;  rrom  my 
This,  Hai'l  Mr.  H.,  i«  dip 

)  tlu«  pivcfiit  day  ;  ami  it 
oldvrN  iif  ntock  tliut  t)it>n' 
Kiwi-rjjrcat  c'iumij;1i  in  tlli^ 
If|)rfs8  the  priiTs  of  tiiuir 

Tilt'  proat  I'itii's  of  iIh' 
ivliili'  a  ('oin|iaiiy,  in  uny 
rovor  tlu'ir  nionrycd  Kys- 
inakinp;  inoiicy  fcarci'  «ir 
lanics  and  alarms — to  put 
•rico  of  till-  slapK-  articlcit 
Kvory  nininiiTcial  lily.fdf 

have  an  indi'pi>n(I«-nt  nut- 
l  Ik<  free  from  t)ir  control 
dant,  por<(.ili|y  a  rival  city, 
ryinp;  on  its  own  trsulc. 
p>vi'niinrnt,  tin-  s.Tlity  (if 
I  of  ail  owners  of  |ini|K'rtv 
-  tlio  lioldi-rs  of  all  slixks 

I  Htapli'  artifii's — n'r|iiiii. 
f  tlu"  nirivncy  slioiilti  lip 
s  of  a  (;rral  hankinjr  <•  mi- 
iMnain  wlu-n-  t  lie  const  it  ii 

liaiiils  of  the  fi'dcial  pi- 
Is  of  tlu'ir  ivpiYwntntivi's 
cm,  n-iponsilili'  to  llu'm, 

tlu'm,  who  can  pass  n<> 
•i-ncy  which  will  not  U-ar 

II  as  npini  their  coiislilii- 
■  safety  of  the  eommnnity 
,  ho  (Mr.  H.)  wonM  not, 
e  i)ower  of  n'frnlatiiif:  tlic 

country  to  any  liankiii. 

It  was  a  powir  tin)  iri- 
fd  to  a  company.  The 
reat  a  |iowerto  Ih'  trnstoil 
iits;  he  (Mr.  II.)  thoiinlit 
itlded  it  to  llic  fnleral  ;;(.- 

would  ci.tdlne  it  lo  the 
id  woidd   make  that  pii- 

.\liove  all,  lie  would  iinl 
k  which  was  itwlf  ahovo 
lis   point   he  called  upon 

tiie  (question,  apparently 


trite,  but  replete  with  profound  Hagaeity — that 
la^acity  which  it  iKdungH  lo  preat  men  to  pos- 
secH,  and  to  express — which  wiia  put  tu  the  (/on- 
ijirss  of  ISK't,  when  this  hank  charter  was  under 
tliscussion,  and  the  re);ulation  of  the  currency 
was  one  of  the  attributes  with  which  it  was  to 
Ite  invested  ;  he  alluded  to  his  late  estiH'inetl 
friciid  (Mr.  Ilandolph),  and  to  his  call  upon  the 
lliiii^e  to  tell  him  who  was  tii  U-ll  the  cat  7 
That  sin;;le  ({uestion  contains  in  its  answer,  and 
in  its  allusion,  the  exact  hiutory  of  the  fieopleof 
tlicriiiled  States,  anil  of  the  Hank  of  the  I'liited 
States,  at  this  day.  It  was  a  (lash  of  li);htnin(r 
into  the  dark  visia  uf  futurity,  showing  in  I8lti 
what  we  all  sec  in  18,14. 

Mr.  K.  took  up  the  second  point  on  wliich  he 
dis«(:reed  with  the  Senator  from  South  Carolina 
(Mr.  Calliouii],  namely,  the  capacity  of  the  Hank 
of  the  I'liited  States  to  supply  a  (general  cur- 
riMicy  to  the  ('nioii.  In  handling;  this  ipieslion 
lie  would  drop  all  other  in(|uiries — lay  a.side 
cviry  other  objection — overlook  eviry  cousidir- 
utioii  of  the  constitutionality  and  ex|ieiliency  of 
the  bank,  and  contine  himself  to  the  strict  ques- 
tion of  its  ability  to  diiruse  aii  retain  in  circii- 
latiiin  a pa|)er  currency  over  this  extendeil  I'nioii. 
He  would  come  to  the  question  as  a  banker 
would  come  to  it  at  his  table,  or  a  mei'cluoit  in 
his  eouiiling-room.  IiNikinj;  to  the  mere  o|M'ration 
of  a  money  system.  It  was  a  i|ii<s»ion  lor  wise 
nun  to  think  of,  and  for  nbler  nnii  than  himself 
to  discuss.  It  involved  tii''  theory  and  the  sci- 
ence of  bankinn — Mr.  11.  would  say  the  philoso- 
phy of  liankinc.  if  such  a  term  could  be  applied 
to  a  iiioiieyed  system.  It  was  a  question  to  1m' 
stuiiiedas  the  philosopher  studies  the  laws  which 
govern  the  ituit«'riftl  world — us  he  would  study 
the  laws  of  uraviiation  and  attrnrtion  which 
ptvern  the  movements  of  the  planets,  or  draw 
the  waters  of  the  iiiomituins  to  the  U;vel  of  the 
iici-aii.  The  moneyed  system,  said  .Mr.  15..  has  its 
linvs  of  attraction  and  ijravitation — of  repulsion 
and  adhesion  ;  and  no  man  ina\  1k>  permitted  to 
imhilfre  the  hojH!  of  establishiii}^  a  moneyed  sys- 
tem contrary  to  its  own  laws.  The  (•eiiius  of 
man  has  not  yet  devised  a  hank — the  historic 
pft;.'e  is  yet  to  Iw  written  wliich  tells  of  a  bunk 
—which  has  dillnsed  over  an  extensive  country, 
and  retaini'd  in  circulation,  a  (riiieral  paiKT  cur- 
nncy.  Kn):land  is  too  small  a  theatre  for  u 
comiiK'U-  example  ;  but  even  tlu'ie  the  impossi- 
bility is  canfc86cd,  und  has  been  confessiKl  for  u 


century.  TIi<!  Bank  of  Kn);Iand,  in  Iicr  greatest 
day  of  pre-eminence,  coiihl  not  furnish  a  neneral 
currency  for  Kii{;land  alone — u  territory  not 
larger  than  Virginia.  The  country  banks  fnr- 
niHlied  the  Iwal  |)iiper  currency,  and  still  fiirni-h 
it  OS  far  oh  it  is  used.  They  euiried  on  their 
banking  ii|k)ii  Hank  of  Knglund  notes,  until  the 
gidil  currency  was  restoii-d ;  and  Im-al  paper 
formed  the  muss  of  locul  circulation.  The  iiotis 
of  the  Hank  of  Knglund  flowed  to  the  great 
commercial  capitals,  ami  made  but  brief  sojourn 
in  the  counti«s.  Hut  England  is  not  a  fair  ex- 
ample for  the  United  States ;  it  is  too  small ;  a 
fairer  example  is  to  Ik;  found  nearer  home,  in  our 
own  country,  and  in  this  very  Baiik  of  the  United 
States  which  is  now  existing,  und  in  favor  of 
which  the  function  of  supplying  u  general  cur- 
rency to  this  extended  confederacy  is  claimed. 
We  have  the  ex|ieriment  of  this  bank,  not  once, 
but  twice  made;  und  each  experiment  proves 
tin'  truth  of  the  laws  which  govern  the  system. 
The  theory  of  bunk  circululioii,  over  ao  extended 
territory,  is  this,  that  you  may  put  out  an  many 
notes  as  yim  may  in  any  onv  place,  they  will 
immediately  fall  into  the  truck  of  commerce — 
into  the  current  uf  trude — into  the  coiirso  of  ex- 
change— ar  i  f'iit'wr  that  ciirivnt  wherever  it 
leuds.  In  li'  I  aited  Stales  the  current  sets 
from  every  pj'rt  of  the  inferior,  uml  especiolly 
from  the  South  und  West  into  the  Northeast— 
into  the  four  commerciul  cities  north  of  the 
Potomac  ;  Hulliinore,  I*hiladel|diia,  Nt^w-York, 
and  Hoslon  :  and  all  the  bank  notes  which  will 
pass  for  money  in  those  places,  fall  into  the  cur- 
rent which  sets  in  that  direction.  When  there, 
theiv  is  nothing  in  the  cours*'  of  trade  to  bring 
them  back.  There  is  no  reflux  in  that  current! 
It  is  a  trade-wind  which  blows  twelve  months  in 
lh»'  year  ill  the  same  direction.  This  is  the 
theory  of  bank  circulation  over  extended  terri- 
tory; Html  the  history  of  the  present  bank  is  uii 
exemplitication  of  the  truth  of  that  theory. 
Listen  to  .Mr.  t'heves.  Ueuil  his  report  made  lo 
the  stockholders  ut  their  trienniul  meeting  in 
1822.  He  stated  this  law  of  circulation,  iind 
explained  the  inevitable  tendency  of  the  brain  h 
bank  notes  to  flow  to  tin;  Northeast ;  the  impos- 
sibility of  pivveiiting  il ;  and  the  resolution  u  liii  li 
he  had  taken  and  executed,  to  dose  all  the 
Southern  und  Western  branches,  and  pnAviit 
them  from  issuing  any  more  notes.  Km  o  while 
issuing  their  own  noti'S,  they  hail  bo  fur  lorgot 


^ 


452 


THIRTY  YEARS'  VIEW, 


Wi'  ?• 


1    ' 

* 

N 

t 

i 
t 
i 

_  ■'  h 

^  ^M 

'■» '. 

,        t 

iU 

'  1 


I 


their  charter  aa  to  carry  on  operations,  in  part, 
u|)on  the  notes  of  the  local  banks — having  col- 
lected those  notes  in  great  quantity,  and  Ioane<l 
tlicin  out.  This  waa  reported  by  the  investiga- 
ting committee  of  1819,  and  nmde  one  of  the 
cliargrs  of  misconduct  against  the  bank  at  that 
time.  To  counteract  thiB  tendency,  the  bank 
applied  to  CongreBsfor  leave  to  issue  their  bank 
notes  on  terms  which  would  have  made  them  a 
mere  local  currency.  Congress  refused  it ;  but 
the  bank  is  now  attempting  to  do  it  herself,  by 
refusing  to  take  the  notes  received  in  payment 
of  the  fwlenil  revenue,  and  sending  it  back  to  bo 
paid  where  issued.  Such  was  the  history  of  the 
branch  bank  notes,  and  which  caused  that  cur- 
rency to  disappear  from  all  the  interior,  and  from 
the  whole  South  and  West,  ho  soon  after  the 
bank  got  into  operation.  Tho  nttcmpt  'o  keep 
out  branch  notes,  or  t<>  send  the  notes  cf  the 
mother  bank  to  any  distance,  being  foiuid  i>i- 
practicable,  there  was  no  branch  currency  .>f 
•nj'  kind  in  circdation  for  a  period  of  eight  or 
nine  years,  initil  the  year  1827,  when  the  b:anch 
cheeks  were  invented,  to  jwrform  the  miracle 
whiih  notes  could  not.  Mr.  U.  would  say  no- 
thing about  the  legality  of  that  invention ;  ho 
would  now  treat  them  as  a  legal  issue  under  tho 
charter ;  and  in  that  most  favornbic  jxiint  of 
view  for  them,  ho  would  show  that  these  branch 
checks  were  nothing  btit  a  quack  remedy — an 
cnipirinil  contrivance — which  made  things  worse. 
By  their  natiu  •  they  vero  as  strongly  attnicted 
to  the  North*  V,  *  ae  ^o  branch  notes  had  been  ; 
by  their  terms  they  were  still  more  strongly 
attrjictt'd,  for  they  bore  Philadelphia  on  their 
face !  they  were  payable  at  the  mother  bank ! 
and,  of  course,  would  naturally  flow  to  that  place 
for  use  or  payment.  This  was  their  destiny, 
and  njost  punctually  did  they  fulfil  it.  Never 
did  the  trade-winds  l.low  more  truly — never  did 
the  gulf  stream  flow  more  regularly — than  those 
checks  flowed  to  the  Northeast !  The  average 
of  four  years  next  ensuing  the  invention  of  these 
checks,  which  went  to  the  nu)ther  bank,  or  to 
the  Atlantic  branches  north  of  the  Potomac,  in- 
cluding the  branch  notis which  flowed  with  them, 
wa>5  alwut  nineteen  millions  of  dollars  per  an- 
num !  Mr.  B.  then  exhibited  a  table  to  prove 
what  he  allegi'd.  and  from  which  it  apj^ared  that 
the  flow  of  the  branch  paper  to  tho  Northeast 
was  as  regular  and  uniform  as  an  operation  of 
nature ;  that  each  city  according  to  its  commer- 


cial importance,  received  a  greater  or  less  pro- 
portion of  this  inland  paper  gulf  stream ;  and 
that  tho  annual  variation  was  so  slight  as  only 
to  prove  the  regularity  of  the  laws  by  which  it 
was  governed.  Tho  following  is  the  table  which 
he  exhibited.  It  was  one  of  tho  tabular  state- 
ments obtained  by  tho  investigating  committee 
in  1832: 

Amount  of  Branch  Bani  Paptr  r«etit*i  at— 


1838. 

1B39.             1880. 

ISRl. 

1. 

New- York, . 

11,938,S60 

Il,i94,960    9,168,370 

H,2S4,820 

a. 

rhll«<l>>li>liik, 

4,4A.'{,IM 

4,10«,98»    4,ftT9,7?i 

B.a»*,>oo 

8. 

B<Mton,    .    . 

1,010,780 

1,844,170    l,7»4,7ft0 

l,sifl,4;w 

4. 

Utltlmore,  . 

1,487,100 

1,4W,860    l,«7fl,l*) 

l,BS'^,fisO 

18,888,880 

1H,686,47B  16,919,110 

njm,m 

After  exhibiting  this  table,  and  taV;ing  it  for 
complete  proof  of  the  truth  of  the  theory  which 
he  had  laid  down,  and  that  it  demonstrated  the 
impossibility  of  keeping  up  a  circulation  of  the 
United  States  Bank  paper  in  the  remote  and 
interior  parts  of  the  Union,  Mr.  B.  went  on  to 
say  that  the  story  was  yet  but  half  told— tlio 
mischief  of  this  systematic  flow  of  national  cur- 
rency to  the  Northeast,  was  but  half  disclosed ; 
another  curtain  was  yet  to  be  lifted — another 
vista  was  yet  to  bo  opened — and  the  effect  of 
the  system  upon  tho  metallic  cyrrency  of  the 
States  was  to  be  shown  to  tho  people  and  the 
States.  This  view  would  show,  that  as  fast  as 
the  checks  or  notes  of  any  branch  were  taken  up 
at  the  mother  bank,  or  at  tho  branches  north  of 
the  Potomac,  an  account  was  opened  against  the 
branch  from  which  they  came.  The  branch  was 
charged  with  tho  amount  of  the  notes  or  clucks 
taken  up ;  and  periodically  sen-ed  with  a  copy 
of  the  account,  and  coinmanded  to  send  on  spicio 
or  bills  of  exchange  to  redeem  them.  When 
redeemed,  they  were  remitted  to  tho  branch  from 
which  they  came;  while  on  the  road  they  wire 
called  notes  in  transitu  ;  and  when  arrived  tiny 
were  put  into  circulation  again  at  that  place- 
fell  into  the  current  immwliately,  which  carricil 
them  back  to  the  Northeast — there  taken  up 
again,  charged  to  the  branch — the  branch  re- 
quired to  redeem  them  again  with  specie  or  WIIh 
of  exchange ;  ami  then  returned  to  her,  to  bti 
again  put  into  circulation,  and  to  undergo  ajrnin 
and  again,  and  nntil  the  branch  could  no  loii|:er 
redeem  them,  the  endles.s  process  of  flowing  to 
the  Northeast.  The  ivsult  of  the  whole  was,  i>, 
and  for  ever  will  bo,  that  the  branch  will  liavo 
to  redeem  its  circulation  till  redemption  is  im- 


ANNO  1834.     AI.HREW  JACKSON,  PRESIDKNT. 


453 


[id  a  greater  or  less  pro* 
paper  guir  stream ;  and 
ion  wan  so  slight  m  only 
r  of  the  laws  by  which  it 
allowing  IM  the  table  which 
one  of  the  tabular  etatc- 
I  investigating  committee 

Saibfc  Pap«r  rtetivtd  at— 


is,e8<,47B  i6,9i»,iiio  i\,tm:m 

B  tabic,  and  taV;ing  it  for 
truth  of  the  thcoiy  wliich 

that  it  demonstrated  the 
ng  up  a  circulation  of  the 
paper  in  the  remote  und 
['nion,  Mr.  B.  went  on  to 
is  yet  but  half  told— the 
natic  flow  of  national  cur- 
t,  was  but  half  disclosed; 
yet  to  be  lifted — anotlier 
)poned — and  the  effect  of 

metallic  cyrrency  of  the 
vn  to  the  pi>oplo  and  the 
>uld  show,  that  as  fast  as 
any  branch  were  taken  up 

at  the  branches  north  of 
mt  was  ojwned  against  the 
ey  came.  The  branch  was 
lint  of  the  notes  or  chicks 
ically  ser>ed  with  a  copy 
nnianded  to  send  on  specie 
to  redeem  them.  >Vheii 
Bmittcd  to  the  branch  from 
ile  on  the  road  they  wire 
and  when  arrived  tliey 
ion  again  at  that  place— 
nmwliately,  which  carried 

rthcast — there  taken  up 
(  branch — the  branch  re- 
n  again  with  specie  or  bills 

n  returned  to  her,  to  ho 
Jon,  and  to  undergo  a^'nin 
10  branch  could  no  loiiper 
ess  process  of  flowing  to 
vsult  of  the  wh(de  was,  is, 
that  the  branch  will  have 
ion  till  redemption  is  im- 


possible ;  until  it  has  exhausted  the  country  of 
its  8|)ecio ;  and  then  the  country  in  which  the 
hranch  is  sitiutod  is  worse  off  than  Iwforo  she 
had  a  branch ;  for  she  had  neither  notes  nor  s|X!cio 
left.  Mr.  B.  said  that  this  ^vas  too  important  a 
view  of  the  case  to  bo  rc»te<l  on  argument  and 
assertion  alone ;  it  retiuired  evidence  to  vanquish 
incredulity,  and  to  prove  it  up ;  and  that  evi- 
(Unrc  was  at  hand.  IIu  then  referred  to  two 
tables  to  show  the  amount  of  hard  money  which 
the  mother  bank,  under  the  operation  of  this 
system,  had  drawn  from  the  States  in  which  her 
branches  were  situated.  All  the  tables  were  up 
to  the  year  1831,  the  |)eriod  to  which  the  last 
investigating  committee  had  brought  up  their 
inquiries.  One  of  these  statements  showed  the 
amount  abstracted  from  the  whole  Union;  it 
wiis  $  10,040,022  20 ;  another  showed  the  amount 
taken  from  the  Southern  and  Western  States  ; 
it  was  ^$22,523,387  94;  another  showed  the 
amount  taken  from  the  branch  at  New  Orleans ; 
it  was  $12,815,798  10.  Such,  said  Mr.  B.,  haa 
been  the  result  of  the  experiment  to  diffuse  a 
national  paper  currency  over  this  extended 
Union.  Twice  in  eighteen  years  it  has  totally 
failed,  leaving  the  country  exhausted  of  its  8|)c- 
cic,  and  destitute  of  paper.  This  was  proof 
enough,  but  there  was  still  another  mode  of 
proving  the  same  thing;  it  was  the  fact  of 
the  present  amount  of  United  States  Bank  notes 
in  ciivulation.  Mr.  B.  had  heard  with  pain  the 
assertion  made  in  so  many  memorials  presented 
to  the  Senate,  that  there  was  a  great  scarcity  of 
currency ;  that  tho  Bank  of  the  United  States 
had  been  obliged  to  contract  her  circidation  in 
consequence  of  the  removal  of  the  deposits,  and 
that  her  notes  had  become  so  scarce  that  none 
could  bo  found ;  and  strongly  contrasting  tho 
present  dearth  which  now  prevails  with  the 
abundant  plenty  of  these  notes  which  reigned 
over  a  happy  land  before  that  fatal  measure  came 
to  blast  a  state  of  unparalleled  pro8|)eritj'.  The 
fact  was,  Mr.  B.  said,  that  the  actual  circulation 
of  the  bank  is  greater  now  than  it  was  before 
the  removal  of  the  deposits  ;  greater  than  it  has 
been  in  any  mouth  but  onu  for  upwanls  of  a 
year  past.  The  di-scounts  were  diminished,  lie 
said,  but  the  circulation  was  increased. 

Mr.  B.  then  exhibited  a  table  of  the  actual 
tirrulation  of  the  Bank  of  the  United  States  for 
the  whole  year  1833,  and  for  the  two  past  months 
of  the  present  year ;  and  stated  it  to  be  taken 


fmm  the  monthly  statements  of  the  l)ank,  a<i 
printed  and  laid  upon  the  tables  of  memUrs.  It 
was  the  net  circulation — the  quantity  of  notes 
and  checks  actually  out — i-xcluding  all  that  were 
on  the  road  nlurning  to  the  branch  bankM, 
udlcd  notes  in  tran.sitii,  and  which  would  not 
be  counted  till  again  issued  by  the  brauch  to 
which  they  were  returned. 


The  following  it 

the  table : 

January,  1833,    . 

.  «17,()CC),444 

February,     "    .     . 

.  18,384,050 

March,          "  .    . 

.     18,083,205 

April,           "    .    . 

.  18,384,075 

May,            «.    . 

.     18,991,200 

June,           "    .    . 

.  19,3(;(;,555 

July,           «  .    . 

.     18,890,505 

August,        *'    .    . 

.  18,413,287 

SepteuilHjr,  '•  .    . 

.     19,128,189 

OctoluT,          «      .      . 

.  18,518,000 

Novei'.iber,    "  .     . 

.     1 8,050,9 12 

December,    "     .     . 

.  not  found. 

January,  1834,     . 

.     19,208,375 

Febi-uary,     "    .     . 

.  19,2<)0,472 

By  comparing  the  circulation  of  each  month, 
as  exhibited  on  this  table,  Mr.  B.  said,  it  woidd 
be  seen  that  the  quantity  of  United  States  Bank 
notes  now  in  circulation  is  three  quarters  of  a 
million  greater  than  it  was  in  Octolier  last,  and 
a  million  and  u  half  greater  than  it  was  in  Jan- 
uary, 1833.  How,  then,  are  we  to  account  for 
this  cry  of  no  money,  in  which  so  many  respec- 
table men  join  ?  It  is  in  the  single  fact  of  their 
flow  to  the  Northeast.  The  pigeons,  which 
lately  obscurctl  the  air  with  th<  ir  numlKrs, 
have  all  taken  their  flight  to  the  North  !  But 
pigeons  will  retuni  of  themselves,  whereas  these 
bank  notes  will  never  return  till  they  are  pur- 
chased with  gold  and  silver,  and  brought  back. 
Mr.  B.  then  alluded  to  a  petition  from  a  meet- 
ing in  his  native  State,  North  Carolina,  and  in 
which  one  of  his  esteemeil  friends  (Mr.  Carson), 
late  a  member  of  tho  House  of  Kepri'sentatives, 
was  a  principal  actor,  and  which  stated  the  ab- 
solute disapi)cai-anco  of  United  States  Bank 
notes  from  all  that  region  of  country.  Certain- 
ly the  petition  was  true  in  that  statement ;  but 
it  is  equally  true  that  it  was  mistaken  in  sup- 
IMsing  that  the  circulation  of  the  bank  was  di- 
minished. The  table  which  he  had  read  had 
shown  tho  contrary ;  it  showed  an  increase,  in* 


454 


TniUTY  YEARS'  VIEW. 


11 


pteud  (if  n  (liminiitinn,  of  the  citvtilation.  The 
only  clifferciicc  wan  that  it  had  nil  left  that  part 
of  the  rountry,  and  that  it  would  <lo  for  ever  ! 
If  a  hundred  millions  of  United  States  Bank 
noteH  wen-  carried  to  the  upiter  partH  o|  North 
Carolina,  and  put  into  i-irculation,  it  would  be 
but  a  short  time  l)efore  the  whole  wouM  have 
fallen  into  the  current  which  sweepH  the  paper 
of  that  liniik  to  the  NorthenKt.  Mr.  B.  maid 
there  were  four  other  classes  of  proof  which  he 
could  bring  in,  but  it  would  l>e  n  conHumption 
of  tinu',  and  a  work  of  su|)eix>ro<;ation.  He 
would  not  detail  them,  but  state  their  l>ea<lH : 

1.  One  was  the  innumerable  orders  which  the 
mother  bank  had  forwarded  to  her  branches  to 
Hend  on  npecie  and  bills  of  exchange  to  redeem 
their  circulation — to  pour  in  reinforcements  to 
the    points  to  which   their   circulation    tends  ; 

2.  Another  was  in  the  examination  of  Mr.  Bid- 
die,  pn-sident  of  the  bank,  by  the  investigating 
conmiittee,  in  IK.'i2,  in  which  this  absorbing 
teniieney  of  the  branch  papr  to  flow  to  the 
Northeast   was   fully   charged   and    admitted  ; 

3.  A  third  wilh  in  the  monthly  statement  of  the 
notes  /-(  Inumitit,  which  amount  to  on  avenigi' 
of  four  millions  and  a  half  for  the  last  twelve 
rnonlhs,  making  fifty  millions  for  the  year  ;  and 
which  consist,  by  fur  the  greater  part,  of  branch 
H'tes  ami  (•becks  redeemed  in  the  Northeast, 
piuchiisefi  Imck  by  the  brunclus,  and  on  their 
way  back  to  the  place  from  which  they  issued  ; 
and.  J.  The  last  class  of  proof  was  in  the  fact, 
that  the  branches  north  of  the  Potomac,  liejng 
unable  or  unwilling  to  redeem  these  notes  any 
longer,  actually  ceased  to  redeem  them  last  fall, 
even  when  taken  in  revenue  imynient  to  the 
United  ."States,  until  coerced  by  the  Secretary  of 
the  Treas\ny ;  and  that  they  will  not  be  re- 
deemed for  individuals  now,  and  are  actually 
degenerating  into  a  mere  IcK-al  currency.  Ujion 
these  proofs  and  arguments,  Mr.  B.  rcstefl  his 
case,  and  held  it  to  be  fully  established,  first,  by 
argument,  founded  in  the  nature  of  bank  circu- 
lation over  an  exte'ide<l  tcnitory ;  and  swondly, 
by  proof  derived  from  the  operation  of  the  pre- 
sent bank  of  the  United  States,  that  neither  the 
present  bank,  nor  any  one  that  the  wisdom  of 
man  can  devise,  can  ever  si'cceed  in  dilTusing  a 
gciu'ral  pajH-r  circulation  over  the  States  of  this 
I'nion. 

VI.     Droj)j»ing  ever}*  other  objection  to  the 
bank — looking  at  it  purely  and  .simply  as  a  sup- 


plier of  national  currency — ho,  Mr.  B.,  could  not 
consent  to  prolong  the  existence  of  the  present 
bank.  Certainly  a  profuse  issue  of  ptt|H'r  at  all 
points — an  additional  circulation  *f  even  a  few 
millions  poured  out  at  the  destitute  points- 
would  make  currency  plenty  for  a  little  while, 
but  for  a  little  while  only.  Nothing  permanent 
would  result  from  such  a  mensure.  On  the  con- 
trary, in  one  or  two  years,  the  destitution  and 
distress  would  l)e  greater  than  it  now  is.  At 
the  same  time,  it  is  completely  in  the  jsjwer  of 
the  l)ank,  at  this  moment,  to  grant  relief,  full, 
adequate,  instantaneous  relief!  In  waking  this 
assertion,  Mr  B.  meant  to  prove  it;  and  to  prove 
it,  he  meant  to  do  it  in  a  way  that  it  should 
reach  the  under. tanding  of  every  candid  and 
tm|Hirtial  friend  that  the  bank  possessed  ;  for  he 
meant  to  discard  and  drop  from  the  iiKjuiry,  nil 
his  own  views  upon  the  subject ;  to  leave  out  of 
view  every  statement  made,  and  every  opinion 
entertained  by  himself,  and  his  friends,  aiul  pro- 
ceeed  to  the  inquiry  ujKin  the  evidence  of  tho 
bank  alone — upon  that  evidence  which  flowed 
from  the  bank  directory  itself,  and  from  the 
most  zealous,  and  liest  informed  of  its  friends  on 
this  floor.  Mr.  B.  assumed  that  a  mere  cessa- 
tion to  curtail  discounts,  at  this  time,  would 
be  a  relief— that  it  would  l)C  the  salvation 
of  those  who  were  pressed — and  put  an  end  to 
the  cry  of  distress ;  ho  averred  that  this  curtail- 
ment must  now  cease,  or  the  bank  must  find  a 
new  reason  for  carrying  it  on ;  for  tlie  old  reason 
in  exhaustiKl,  and  cannot  apply.  Mr.  B.  then 
t(M)k  two  distinct  views  to  sustain  his  |>ositioi) ; 
one  founded  in  tho  actual  conduct  and  present 
condition  of  the  bank  itself,  and  the  other  in  a 
comiwrative  view  of  the  conduct  and  condition 
of  tho  former  Bank  of  the  United  States,  at  tlio 
approaching  period  of  its  dissolution. 

I.  Ah  to  tho  conduct  and  condition  of  tlio 
present  bank. 

Mr.  B.  appealed  to  tho  knowledge  of  all  pre- 
sent for  the  accuracy  of  his  assertion,  when  he 
said  tliat  the  bank  had  now  reduced  her  dis- 
counts, dollar  for  dollar,  to  the  auKJunt  of  pub- 
lic (leitosits  withdrawn.  The  adversaries  of  tho 
bank  said  the  reduction  was  much  larger  than 
the  abstraction ;  but  he  dropped  that,  and  coii- 
dned  himself  strictly  to  tho  admissions  and  de- 
clarations of  the  bank  itself.  Taking  then  the 
fact  to  t)e,  as  tho  bank  alleged  it  to  be,  that  she 
had  merely  brought  down  her  business  in  pro 


ANNO  1884.     ANDREW  JACK8f>N,  IMIESIDENT. 


489 


'ncy — he,  Mr.  B.,  could  not 
e  I'xisJcncc  of  thi*  prcsont 
rofuse  imiic  of  i>u|kt  at  ul| 

circulation  >t  otcn  a  fww 
at  the  (IcHtitute  jiointH— 
'  plenty  for  a  little  while, 
»nly.  Nothing  permanent 
h  a  mcaHure.  On  the  i-on- 
rears,  the  ilcHtitiition  and 
ater  than  it  now  is.  At 
impletely  in  the  power  of 
ment,  to  grant  relief,  full, 
IB  relief!  In  luakiiif!;  thiH 
t  to  prove  it ;  and  to  prove 
in  a  way  that  it  Hhould 
ling  of  every  candid  and 
he  hank  ponscssod  j  for  ho 
drop  from  the  in(|uiry,  nil 
tic  Hubject ;  to  leave  out  of 

made,  and  every  opinion 
f,  and  Ihh  friends,  and  pro- 

n|)on  the  eviilence  of  tho 
at  evidence  which  flowid 
tory  itself,  and  from  the 
t  informed  of  its  friends  on 
sumed  that  a  mere  cessa- 
ints,  at   this  lime,  would 

would  Im)   the  siilvntion 

HKcd — and  put  an  end  tu 
0  averred  that  this  ourtuil- 
[j,  or  the  bank  must  •"nd  a 
ig  it  on ;  for  the  old  rittHfin 
mot  apply.  Mr.  IJ.  then 
vs  to  sustain  his  position ; 
tunl  conduct  and  present 

itself,  and  the  other  in  a 
the  conduct  and  condition 
r  the  United  States,  at  tlio 

its  dissolution, 
uct  and  condition  of  the 

the  knowledge  of  all  pro- 
of his  assertion,  when  he 
a<l  now  reduced  lier  dis- 
ar,  to  the  amount  of  puh- 
rn.  The  adversaries  of  the 
)n  was  much  larger  than 
le  dropped  that,  and  con- 
to  the  ndmissir>ns  and  de- 
:  itself.  Taking  then  the 
alleged  it  to  be,  that  she 
own  her  basincss  in  pro 


iK)rtion  to  the  capital  taken  from  her,  it  followed 
of  course  that  there  wu.s  no  reason  for  reducing 
her  business  any  lower.     Her  relative  ))OHiti<>h 

her  a<tuiil  strength — was  the  same  now  that 

it  was  before  the  removal ;  and  the  old  reason 
could  not  he  available  for  the  reduction  of  ano- 
ther dollar.  Next,  as  to  her  condition,  Mr.  H. 
undertook  to  atnnn,  and  would  quickly  prove, 
that  the  general  condition  of  the  bunk  was  IkiI- 
ter  now  than  it  had  been  for  years  past;  and 
that  the  bunk  was  better  able  to  make  loans,  or 
to  iuca-ose  her  circulation,  than  she  was  in  any 
of  those  past  iR-riods  in  which  alic  was  so  lav- 
ishly accommodating  the  public.  For  the 
proof  of  this,  .Mr.  B.  Imd  recourse  to  her  specie 
fund,  always  the  true  test  of  a  bank's  ability, 
and  showed  it  to  be  greater  now  than  it  hud 
been  for  two  years  past,  when  her  loans  and  cir- 
culation were  so  much  greater  than  they  are 
now.  He  took  the  month  of  May,  1832,  when 
the  whole  amount  of  s^cle  on  hand  was  $7,8'Jli, 
347  50 ;  when  the  net  amount  of  notes  in  cir- 
culation was  $21,044,41.');  and  when  the  total 
discounts  were  $70,428,070  72:  and  then  con- 
trasted it  with  the  condition  of  the  bank  at 
this  time,  that  is  to  say,  in  the  month  of  Febru- 
ary last,  when  the  last  return  was  made ;  the 
items  stands  thus :  specie,  $10,,')23,38.'>  CO ; 
lilt  amount  of  notes  in  circulation,  $10,2(iO,472; 
total  discounts,  $.'>4,842,973  «4.  From  this 
view  of  figures,  taken  from  the  official  bank  re- 
turns, from  which  it  ap|iearod  that  the  specie  in 
the  Imnk  was  neaily  three  millions  greater  than 
It  was  in  May,  1832,  her  net  ctn-nlation  nearly 
two  millions  less,  and  her  loans  and  discounts 
upwards  of  tlfteen  in  llions  less;  Mr.  B.  would 
4dbmit  It  to  all  candid  men  to  say  whether  the 
bank  is  not  more  iibie  to  accommodate  the  con 
nmnity  now  than  she  was  then  ?  At  all  events, 
ho  would  demand  if  she  was  not  now  able  to 
cease  pressing  them  1 

II.  A.-^'  to  die  comparative  condition  and  con- 
duct of  the  Hrst  Bank  '^f  the  United  StaU  >  at 
the  pericnl  of  its  approacniiig  dissolution. 

Mr.  B.  took  the  coiuMtion  of  the  '  ank  from 
Ml,  Gallatin's  statemei  I  of  its  '  i.-.  to  Con- 
gress, made  in  .January,  1811,  just  three  moii'lis 
befoie  the  eliarter  expired;  and  which  showed 
the  discounts  and  loans  of  ihe  bank  to  be  $14, 
57«,21'4  2'),  h.T  capital  being  $1(M)()0,000;  so 
timt  the  aiuouiit  of  her  loans,  three  .ixmth.'^  )>e- 
foro  her  dissolution,  was  nearly  in  proportion — 


near  enough  for  all  priutiial  views — to  the  pro- 
|s>rtioii  which  the  pn  sent  loans  of  the  liunk  of 
the  United  .States  bear  to  its  capital  of  tliirty- 
tive  millions.     Fifty  pt-r  cvnt,  upon  the  former 
would  give  tlfteen  millions  ;   fifty  |ier  cent,  upon 
the  latter  would  give  fifty-two  millions  and  • 
half.      To  make   tne  relative  condition  of   tho 
two  banks  precise''  i<qiial,  it  will  t)e  sufflcient 
that  the  loans  and  di-'oiints  of  the  present  bank 
shall  be  reduced  to  fifly-lwo  millions  by  the 
Uionth  of  ilunuury,  183li ;  that  is  to  say,  it  need 
not  make  any  further  s^'iisible.reduetion  of  itM 
loans  for  nearly  two  years  to  come.     Thus,  the 
mere  imitation  of  the  conduct  of  the  old  bank 
wil  be  a  relief  to  the  community,     A  mere  ces- 
sation to  curtail,  will  put  an  end  to  the  distress, 
»\d  let  the  country  goon,  ijuietly  and  regularly, 
in  its  moneyed  oiienitions.     If  the  bank  will 
not  do  this — if  it  will  go  on  to  curtail — it  is 
bound  to  give  some  new    reason  to  the  country. 
The  old  rea.son,  of  the  reiiiovul  <>f  the  deposits, 
will  no  longi-r  unswer,     Mr.  B.  iiad  no  faith  in 
that  tvosoii  from  the  Ix-ginning.  but  he  was  now 
takuig  the  bank  upon  her  own  evidence,  and 
trying  her  upon  her  own  reason.-,  and  he  held 
it     >  be  im))ossiblo  for  her  to  go  on  without  tho 
production  of  a  reason.     The  hostility  of  tho 
government — rather  an   incompielunsible,  and 
altogether  a  giittuitous  reason,  fioin  the  begin- 
ning— will  no  longer  answer.     The  ;    vi-rnment 
in  1811  wa.s  as  hostile  to  the  old  b.iak,  as  tho 
governnient  now  is  to  this  one ;  and  rather  inoro 
so.     Both  Houses  of  (Jongrcss  were  then  hos- 
tile to  it,  and  hostile  unto  death  !     For  they  let 
it  die !  die  on  the  day  appointed  by  law  for  its 
death,  -vithout  pity,  without  remorse,  without 
the  ivjprieve  of  one  day.     The  government  can 
do  no  worse  now.     The  Secretary  of  the  Troa«- 
siiry  has   removed  tho  deposits;  and  that  ac- 
count is  settled  by  tho  re<luctiuii  of  an  equal 
amount  of  loans  and  discounts.    Tho  rest  de- 
|M'iids  upo  ,  the  government ;  and  the  hostility 
ot  the  government  cannot  go  further  than  to 
kill  the  bunk,  and  cannot  kill  it  more  dead  than 
the  old  bank  was  killed  in  1811.     Mr.  B.  had  a 
furthrr  comparison  to  draw  between  the  conduct 
of  the  old  bank,  and- the  present  one.     Tho  old 
bank  permitted  her  discounts  to  remuiu  at  their 
maximum  to  the  ver^  end  of  her  charter  ;  she 
discounted  sixty  days'  paper  up  to  the  lustduy  of 
her  existence  ;  while  this  bank  has  commenced  tt 
furious  curtailment  two  years  and  a  half  be 


;■/ 


IMAGE  EVALUATaON 
TEST  TARGET  (MT-3) 


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■^  K^    1 22 


2.0 


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Photographic 

Sciences 
Corporation 


33  WEST  MAIN  STREET 

WEBST!«R,  N.Y.  MS80 

(716)  872-4503 


456 


THIRTY  YEARS'  VIEW. 


i 


? 


r     ) 


•Jit    1'^ 


* 


fore  the  expiration  of  her  charter.  Afjain:  the 
old  bank  had  not  an  hour,  a.s  a  corporation,  to 
wind  up  her  business  after  the  end  of  her  rasxr- 
ter ;  this  bank  has  the  use  of  all  her  corjiorate 
faculties,  for  that  purpo.=e,  for  two  years  after 
the  end  of  her  charter.  .(Xgaln :  tlie  present 
bank  pretends  that  she  will  have  to  collect  the 
whole  of  her  debts  within  the  period  limited  for 
winding  up  her  affairs ;  the  old  bank  took  up- 
wards of  twclre  years  after  the  expiration  of  her 
charter,  to  collect  hers  !  She  created  a  trust ; 
she  appointed  trustees ;  all  the  debts  and  credits 
were  put  into  their  hands,  the  trustees  proceed- 
ed like  any  other  collectors,  giving  time  to  all 
debtors  who  would  secure  the  debt,  pay  in- 
terest punctually,  and  discharge  the  principal 
by  instalironts.  This  is  what  the  old  bank 
did  ;  and  she  did  not  close  her  affairs  until  the 
Kith  of  June,  in  the  year  1823.  The  whole 
operation  v:ds  conducted  so  gently,  that  the 
public  knew  nothing  about  i^.  The  cotempora- 
ries  of  the  dissolution  of  the  bank,  knew  nothing 
about  its  dissolution.  And  this  is  what  the 
present  bank  may  do,  if  it  pleases.  That  it  has 
not  done  so — that  it  is  now  grinding  the  com- 
munity, and  threateiu'ng  to  grind  them  still 
harder,  is  a  proof  of  the  dangerous  nature  of  a 
great  moneyed  power ;  and  should  be  a  warning 
to  the  people  who  now  behold  its  conduct — 
who  feel  its  gripe,  and  hear  its  threat — never  to 
suffer  the  existence  of  such  another  power  in 
our  free  and  happy  land, 

VII.  Jlr.  B.  deprecated  the  spirit  which  seem- 
ed to  have  broken  out  against  State  banks ;  it 
was  a  spirit  which  augured  badly  for  the  rights 
of  the  States.  Those  banks  were  created  by 
the  States ;  and  the  works  of  the  States  ought 
to  be  respected  ;  the  stock  in  those  banks  was 
held  by  American  citizens,  and  ought  not  to  be 
injuriously  assailed  to  give  value  to  stock  held 
in  the  federal  bank  by  foreigners  and  aliens. 
The  very  mode  of  carrying  on  the  warfare 
against  State  banks,  has  itself  been  an  injury, 
and  a  just  cause  of  complaint.  Some  of  the 
most  inconsiderable  have  been  picked  out — 
their  affairs  presented  in  the  most  unfavorable 
light;  and  then  held  forth  as  a  fair  sample  of  the 
whole.  How  much  more  easy  would  it  have 
been  to  have  acted  a  more  grateful,  and  a  more 
equitable  part !  a  part  more  just  to  the  State 
governments  which  created  those  banks,  and 
the  American  citizens  who  held  stock  in  them  ! 


Instead  of  hunting  out  for  remote  and  incon« 
siderable  banks,  and  instituting  a  most  dispar- 
aging scrutiny  into  their  small  affairs,  and  mak- 
ing this  high  Senate  the  conspicuous  theatre  for 
the  exhibition  of  their  insignificance,  why  not 
take  the  higher  order  of  the  State  banks? — 
those  whose  names  and  characters  are  well 
known?  whose  stock  upon  the  exchange  of 
London  and  New- York,  is  superior  to  that  of 
the  United  States  Bank?  whose  individual  de- 
posits are  greater  than  those  of  the  rival  branch- 
es of  the  Bank  of  the  United  States,  seated  in 
their  neighborhood?  whose  bills  of  exchange 
are  as  eagerly  sought  for  as  those  of  the  federal 
bank  ?  which  have  reduced  exchange  below  the 
rates  of  the  federal  bank?  and  which,  in  every 
particular  that  tries  the  credit,  is  superior  to 
the  one  which  is  receiving  so  much  homage 
and  admiration  ?  Mr.  B.  said  there  were  plenty 
of  such  State  banks  as  he  had  described ;  they 
were  to  bo  found  in  every  principal  city,  fi-om 
Xew  Orleans  to  Boston.  Some  of  them  had  been 
selected  for  deposit  banks,  others  not;  but 
there  was  no  difficulty  in  making  a  selection  of 
an  ample  number. 

This  spirit  of  hostility  to  the  State  banks, 
Mr.  B.  said,  was  of  recent  origin,  and  seemed  tc 
keep  pace  with  the  spirit  of  attack  upon  the 
political  rights  of  the  States.  When  the  first 
federal  bank  was  created,  in  the  year  1791,  it 
was  not  even  made,  by  its  charter,  a  place  of 
deposit  for  the  public  moneys.  Mr.  Jeflerson 
preferred  the  State  banks  at  that  time;  and  so 
declared  himself  in  his  cabinet  opinion  to  Pre- 
sident Washington.  Mr.  Gallatin  ucpositid  a 
part  of  tl\p  public  moneys  in  the  State  banks 
during  the  whole  of  the  long  period  that  he  was 
at  the  head  of  the  treasury.  At  the  dissolution 
of  the  first  Bank  of  the  United  States,  he  turned 
over  all  the  public  moneys  which  he  held  in  de- 
posit to  these  banks,  taking  their  obligation  to 
pay  out  all  the  treasury  warrants  drawn  upon 
them  in  gold  and  silver,  if  desired  by  the  hold- 
er. When  the  present  bank  was  chartered,  the 
State  banks  stood  upon  an  equal  footing  with 
the  federal  bank,  and  were  placed  upon  an  equal- 
ity with  it  as  banks  of  deposit,  in  the  very  char- 
ter which  created  the  federal  bank.  Mr.  B.  was 
alluding  to  the  14th  fundamental  article  of  the 
constitution  of  the  bank— the  article  which  pro 
vided  for  the  establishment  of  branches — and 
which  presented  an  argument  in  justification  of 


ANNO  1834.    ANDREW  JACKSON,  PRESIDENT. 


457 


for  rumotc  and  incon. 

ititutiiifi  a  most  dispar- 

r  small  aflairs,  and  mak- 

conspicuous  theatre  for 

insignificance,  why  not 

of  the  State  banks  ?— 

id  characters  are  well 

upon  the  exchange  of 

,  is  8ui)erior  to  that  of 

l  whose  individual  de- 

lose  of  the  rival  branch- 

Jnited  States,  seated  in 

hose  bills  of  exchange 

r  as  those  of  the  federal 

ced  exchange  below  the 

k  ?  and  which,  in  every 

le  credit,  is  superior  to 

ving  so  much  homage 

I.  said  there  were  plenty 

lie  had  described ;  they 

cry  principal  city,  fi-om 

Some  of  them  had  been 

iks,  others    not;   but 

n  making  a  selection  of 


I. 


the  removal  of  the  deposits  which  the  adversa- 
ries of  that  measure  most  pertinaciously  decline 
to  answer.  The  government  wanted  banks  of 
deposit,  not  of  circulation ;  and  by  that  article, 
the  State  banks  are  made  just  as  much  banks 
of  deposit  for  the  United  States  as  the  Bank  of 
the  United  States  is.  They  are  put  upon  exact 
equality,  so  far  as  the  federal  government  is  con- 
cerned; for  she  stipulates  but  for  one  single 
branch  of  the  United  States  Bank,  and  that  to 
be  placed  at  Washington  city.  As  for  all  other 
branches,  their  establishment  was  made  to  de- 
pend— not  on  the  will,  or  power,  of  the  federal 
government — not  on  any  supposed  or  real  ne- 
cessity on  her  part  to  have  the  use  of  such 
branches — but  upon  contingencies  over  which 
she  had  no  control;  contingencies  depending, 
one  upon  the  mere  calculation  of  profit  and  loss 
by  the  bank  itself,  the  other  upon  the  subscrip- 
tions of  stock  within  a  State,  and  the  applica- 
tion of  its  legislature.  In  these  contingencies, 
namely,  if  the  Bank  of  the  United  States  thought 
it  to  her  interest  to  establish  branches  in 
the  States,  she  might  do  it ;  or,  if  2,000  shares 
of  stock  was  subscribed  for  in  a  State,  and  there- 
upon an  application  was  made  by  the  State  le- 
gislature for  the  institution  of  a  branch,  then  its 
establishment  within  the  State  became  obliga- 
tory upon  the  bank.  In  neither  contingency 
had  the  will,  the  power,  or  the  necessities  of 
the  federal  government,  the  least  weight,  con- 
corn,  or  consideration,  in  the  establishment  of 
the  branch.  If  not  established,  and  so  far  as 
the  government  is  concerned,  it  might  not  be, 
then  the  State  banks,  selected  by  the  United 
States  Bank,  and  approved  by  the  Secretary  of 
the  Treasury,  were  to  be  the  banks  of  deposit 
for  the  federal  moneys.  This  was  an  argument, 
Mr.  B.  said,  in  justification  of  the  removal  of  the 
deposits,  and  in  favor  of  the  use  of  the  State 
banks  which  gentlemen  on  the  opposite  side  of 
the  question — ^gentlemen  who  take  so  much 
pains  to  decry  State  banks — have  been  careful 
not  to  answer. 

The  evils  of  a  small  paper  circulation,  he  con- 
sidered among  the  greatest  grievances  that  could 
afflict  a  community.  The  evils  were  innumer- 
able, and  fell  almost  exclusively  upon  those  who 
were  least  able  to  bear  them,  or  to  guard  against 
them.  If  a  bank  stops  payment,  the  holders  of 
the  small  notes,  who  are  ujually  the  working 
part  of  the  community,  are  the  last  to  find  it 


out,  and  the  first  to  suffer.  If  counterfeiting 
is  perpetrated,  it  is  chiefly  the  small  notes 
which  are  selected  for  imitation,  because  they 
are  most  current  among  those  who  know  the 
least  about  notes,  and  who  are  most  easily  made 
the  dupes  of  imposition,  and  the  victims  of 
fraud.  As  the  expeller  of  hard  money,  small 
notes  were  the  bane  and  curse  of  a  countrj'.  A 
nation  is  scarce,  or  abundant,  in  hard  money, 
precisely  in  the  degree  in  which  it  tolerates  the 
lower  denominations  of  bank  notes.  France 
tolerates  no  note  less  than  ^100;  and  has  a  gold 
and  silver  circulation  of  350  millions  of  dollars. 
England  tolerates  no  note  of  less  than  $25 ;  and 
has  a  gold  and  silver  circulation  of  130  millions 
of  dollars :  in  the  United  States,  where  $5  is 
the  minimum  size  of  the  federal  bank  notes,  the 
whole  specie  circulation,  including  what  is  in 
the  banks,  does  not  amount  to  thirty  millions 
of  dollars.  To  increase  the  quantity  of  hard 
money  in  the  United  States,  and  to  supply  the 
body  of  the  people  with  an  adequate  specie  cur- 
rency to  serve  for  their  daily  wants,  and  ordi- 
nary transactions,  the  bank  note  circulation  be- 
low twenty  dollars,  ought  to  be  suppressed.  If 
Congress  could  pass  a  law  to  that  effect,  it  ought 
to  bed  one ;  but  it  cannot  pass  such  a  law :  it  has 
no  constitutional  power  to  pass  it.  Congress 
can,  however,  do  something  else,  which  will,  in 
time,  eflectually  put  down  such  a  currency.  It 
can  discard  it,  and  disparage  it.  It  can  reject 
it  from  all  federal  payments.  It  can  reject  the 
whole  circulation  of  any  bank  that  will  continue 
to  issue  small  notes.  Their  rejection  from  all 
federal  payments,  would  check  their  currency, 
and  confine  the  orbit  of  their  circulation  to  the 
immediate  neighborhood  of  the  if  suing  bank. 
The  bank  itself  would  find  but  litt'.'j  profit  from 
issuing  them — public  sentiment  would  come  to 
the  aid  of  federal  policy.  The  people  of  the 
States,  when  countenanced  and  sustained  by  the 
federal  government,  would  indulge  their  natural 
antipathy  and  honest  detestation  of  a  small 
paper  currency.  They  would  make  war  upon 
all  small  notes.  The  State  legislatures  would 
be  under  the  control  of  the  people ;  and  the  States 
that  should  first  have  the  wisdom  to  limit  their 
paper  circulation  to  a  minimum  of  twenty  dol- 
lar bills,  would  immediately  fill  up  with  gold  and 
silver.  The  common  currency  would  be  entirely 
metallic ;  and  there  would  be  a  broad  and  solid 
basis  for  a  superstructure  of  large  notes ;  while 


458 


THIRTY  YEARS'  VIEW. 


lim  'ill 


1 


.,^  ^)  ';  ''^  'I 


i 


i.  f. 


11' '■•'!! -':, 

'fir   "^ii    '  ,1'i 


1        ■<  f  IS 


I    '• 


:!i 


the  States  which  continued  to  tolerate  the 
small  notes,  would  be  afflicted  with  all  the 
evils  of  a  most  pestilential  part  of  the  paper 
system, — small  notes,  part  counterfeit,  part  un- 
current,  half  worn  out;  and  all  incapable  of  be- 
ing used  with  any  regard  to  a  beneficial  econo- 
my. Mr.  B.  went  on  to  depict  the  evils  of  a 
small  note  currency,  which  he  looked  upon  as 
the  banc  and  curse  of  the  laboring  part  of  the 
community,  and  the  reproach  and  opproL  am 
of  any  government  that  tolerated  it.  He  said 
that  the  government  which  suflerod  its  curren- 
cy to  fall  into  such  a  state  that  the  farmer,  the 
artisan,  the  market  man,  the  day  laborer,  and 
the  hired  servant,  could  only  be  paid  in  small 
bank  notes,  was  a  government  which  abdicated 
one  of  its  moat  sacred  duties ;  and  became  an 
accomplice  on  the  part  of  the  strong  in  the  op- 
pression of  the  weak. 

Mr.  B.  placed  great  reliance  upon  the  restora- 
tion of  the  gold  currency  for  putting  down  a 
small  note  circulation.  No  man  would  choose 
to  carry  a  bundle  of  small  bank  notes  in  his 
pocket,  even  new  and  clean  ones,  much  less  old, 
ragged,  and  filthy  ones,  when  he  could  get  gold 
in  their  place.  A  limitation  upon  the  receiva- 
bility  of  these  notes,  in  payment  of  federal  dues, 
would  complete  their  suppression.  Mr.  B.  did 
not  aspire  to  the  felicity  of  seeing  as  fine  a  cur- 
rency in  the  United  States  as  there  is  in  France, 
where  there  was  no  bank  note  under  five  hun- 
dred francs,  and  where  there  was  a  gold  and  sil- 
ver circulation  at  the  rate  of  eleven  dollars  a 
head  for  each  man,  woman,  and  child,  in  the  king- 
dom, namely,  three  hundred  and  fifty  millions 
of  dollars  for  a  population  of  thirty-two  millions 
of  souls ;  but  he  did  aspire  to  the  comparative 
happiness  of  seeing  as  good  currency  established 
for  ourselves,  by  ourselves,  as  our  old  fellow- 
subjects — the  people  of  old  England — now  pos- 
sess from  their  king,  lords,  and  commons.  They 
— he  spoke  of  England  proper — had  no  bank 
note  less  than  five  pounds  sterling,  and  they 
possessed  a  specie  cii'culation  (of  which  three- 
fourths  was  gold)  at  the  rate  of  about  nine  dol- 
lars a  head,  men,  women,  children  (even  pau- 
pers) included ;  namely,  about  one  hundred  and 
thirty  millions  for  a  population  of  fourteen  mil- 
lions. He,  Mr.  B.,  must  be  allowed  to  aspire  to 
the  happiness  of  possessing,  and  in  his  sphere 
to  labor  to  acquire,  as  good  a  circulation  as  these 
English  have ;   and  that  would  be  an  immea- 


surable improvement  upon  our  present  condi< 
tion.  We  have  local  bank  notes  of  one,  two. 
three,  four  dollars ;  we  have  federal  bank  notes 
of  five  and  ten  dollars — the  notes  of  those  Eng- 
lish who  are  using  gold  at  home  while  we  are 
using  their  paper  here : — we  have  not  a  particl« 
of  gold,  and  not  more  silver  than  at  the  rate  ol 
about  two  dollars  a  head,  men,  women,  children 
(even  slaves)  included ;  namely,  about  thirty 
millions  of  silver  for  a  population  of  thirteen 
millions.  Mr.  B.  believed  there  was  not  upon 
the  face  of  the  earth,  a  country  whose  actual 
ctirrency  was  in  a  more  deplorable  condition 
than  that  of  the  United  States  was  at  present ; 
the  bitter  fruit  of  that  fatal  paper  system  which 
was  brought  upon  us,  with  the  establishment  ot 
the  first  Bank  of  the  United  States  in  1791,  and 
which  will  be  continued  upon  us  until  the  cita- 
del of  that  system — the  Bastile  of  paper  money, 
the  present  Bank  of  the  United  State.^, — shall 
cease  to  exist. 

Mr.  B.  said,  that  he  was  not  the  organ  of  the 
President  on  this  floor — he  had  no  authority 
from  the  President  to  speak  his  sentiments  to 
the  Senate.  Even  if  he  knew  them,  it  would 
be  unparliamentary,  and  irregular,  to  state  tliem. 
There  was  a  way  for  the  Senate  to  communicate 
with  the  President,  which  was  too  well  known 
to  every  gentleman  to  require  any  mdication 
from  him.  But  he  might  be  ptrmitted  to  sug- 
gest— in  the  absence  of  all  regular  information 
— that  if  any  Senator  wished  to  understand,  imd 
to  comment  upon,  the  President's  opinions  on 
currency,  he  might,  perhaps,  come  something 
nearer  to  the  mark,  by  commenting  on  what  he 
(Mr.  B.)  had  been  saying,  than  by  having  re- 
course to  the  town  meeting  reports  of  inimical 
bank  committees. 


CHAPTER    CVI. 

ATTEMPTED   INVESTIGATION  OF  THE  BANK  OF 
TUE  UNITED  STATES. 

The  House  of  Representatives  had  appointed 
a  select  committee  of  its  members  to  investigate 
the  affairs  of  the  Bank  of  the  United  States — 
seven  in  number,  and  consisting  of  Mr.  Francis 
Thomas,  of  Maryland ;  Mr.  Edward  Everett,  of 
^Massachusetts ;  Mr.  Henry  A.  Muhlenberg,  of 


t7 


ANNO  1834.    ANDREW  JACKSON,  PRESIDENT. 


459 


pon  our  present  condi- 
)ank  notes  of  one,  two. 
Iiave  federal  bank  notes 
the  notes  of  those  Eng- 

at  home  while  we  are 
-we  have  not  a  particU 
ilver  than  at  the  rate  o! 
1,  men,  women,  children 
;  namely,  about  thirty 

population  of  thirteen 
ed  there  was  not  upon 
I  country  whose  actual 
re  deplorable  condition 
I  States  was  at  present ; 
ital  paper  system  which 
ith  the  establishment  oi 
lited  States  in  1791,  and 

upon  us  until  the  cita- 
Bastile  of  paper  money, 
e  United  States, — shall 

:as  not  the  organ  of  the 

— he  had  no  authoritj 

?pcak  his  sentimenis  to 

le  knew  them,  it  would 

irregular,  to  state  tliem. 

!  Senate  to  communicate 

ch  was  too  well  known 

require  any  mdication 

ht  be  ptrmitted  to  siig- 

all  regular  information 

shed  to  understand,  and 

resident's  opinions  on 

■haps,  come   something 

iommenting  on  what  he 

ng,  than  by  having  rc- 

ting  reports  of  inimical 


SR    CVI. 

nON  OF  THE  BANK  OF 
D  STATES. 

ntatives  had  appointed 
members  to  investigate 
)f  the  United  States— 
nsisting  of  Mr.  Francis 
Mr.  Edward  Everett,  of 
iry  A.  Muhlenberg,  of 


Pennsylvania ;  Mr.  John  Y.  Mason,  of  Virginia ; 
Mr.  W.  W.   Ellsworth,  of  Connecticut ;    Mr. 
Abijah  Jfann,  Jr.  of  New-York  ;  Mr.  Robert  T. 
Lytic,  of  Ohio.    The  authority  under  which  the 
committee  acted,  required  them  to  ascertain  :  1. 
The  causes  of  the  commercial  embarrassment, 
and  the  public  distress  complained  of  in  the  nu- 
merous distress  memorials  presented  to  the  two 
Houses  during  the  session;  and  whether  the 
bank  had  been  any  way  instrumental,  through 
its  management  or  money,  in  producing  the  dis- 
tress and  embarrassment,  of  which  so  much  com- 
plaint was  made.     2,  To  inquire  whether  the 
charter  of  the  bank  had  been  violated  ;  and  what 
corruptions  and  abuses,  if  any,  had  existed  in  its 
management.    3.  To  inquire  whether  the  bank 
had  used  its  corporate  power,  or  money,  to  con- 
trol the  press,  to  interpose  in  politics,  or  to  in- 
fluence elections.    The  authority  conferred  upon 
the  committee  was  ample  for  the  execution  of 
these  inquiries.    It  was  authorized  to  send  for 
persons  and  papers ;  to  summon  and  examine 
witnesses  on  oath ;  to  visit,  if  necessary,  the 
principal  bank,  and  its  branches ;  to  inspect  the 
books,  correspondence  and  accounts  of  the  bank, 
and  other  papers  connected  with  its  manage- 
ment.   The  right  of  the  House  to  make  this 
investigation  was  two-fold:   Jirsty  under  the 
twenty-third  article  of  the  charter:  seco7idlij, 
as  the  founder  of  the  corporation;  to  whom 
belongs,  in  law  language,  the  right  to  "  visit " 
the  institution  it  has  founded ;   which  "  visit- 
ing" is  for  examination — as  a  bishop  "vis- 
its "  his  diocese — a  superintendent  "  visits  "  the 
works  and  persons  under  his  care ;  not  to  see 
them,  but  to  examine  into  their  management 
and  condition.    There  was  also,  a  third  right  of 
examination,  resulting  from  the  act  of  the  cor- 
poration; it  was  again  soliciting  a  re-charter, 
and  was  bound  to  show  that  the  corporators 
had  used  their  actual  charter  fairly  and  legally 
before  it  asked  for  another.   And,fou7lhlij,  there 
was  a  further  right  of  investigation,  still  result- 
ing from  its  conduct.    It  denied  all  the  accusa- 
tions brought  against  it  by  the  government  di- 
rectors, and  brought  before  Congress  by  the 
Secretary  of  the  Treasury ;  and  joined  issue  upon 
those  accusations  in  a  memorial  addressed  to 
the  two  Houses  of  Congress.  To  refuse  examina- 
tion under  these  circumstances  would  be  shrink- 
ing from  the  issue  which  itself  had  joined.    The 
committee  proceeded  to  Philadelphia,  and  soon 


found  that  the  bank  did  not  mean  to  submit  to 
an  examination.     Captious  and  special  pleading 
objections  were  made  at  every  step,  until  at- 
tempts on  one  side  and  objections  on  the  other 
ended  in  a  total  refusal  to  submit  their  books 
for  inspection,  or  themselves  for  an  examination. 
The  directors  had  appointed  a  company  of  seven 
to  meet  the  committee  of  the  House — a  proce- 
dure unwarranted  by  any  right  or  usage,  and 
offensive  in  its   pretentious  equality  ;  but  to 
which  the  committee  consented,  at  first,  from 
a  desire  to  do  nothing  to  balk  the  exammation. 
That  corporation  committee  was  to  sit  with 
them,  in  the  room  in  the  bank  assigned  for  the 
examination  ;   and  took  care    always  to  pre- 
occupy it  before  the  House  committee  arrived  ; 
and  to  act  as  if  at  home,  receiving  guests.    The 
committee  then  took  a  room  in  a  hotel,  and 
asked  to  have  the  bank  books  sent  to  thorn ; 
which  was  refused.    They  then  desired  to  have 
the  books  subjected  to  their  inspection  in  the, 
bank  itself;  in  which  request  they  were  baffled, 
and  defeated.    The  bank  committee  required 
written  specification  of  their  points  of  inquiry, 
either  in  examining  a  book,  or  asking  a  ques- 
tion— that  it  might  judge  its  legality ;  which 
thej'  confined  to  mere  breaches  of  the  charter. 
And  when  the  directors  were  summoned  to  an- 
swer questions,  they  refused  to  be  sworn,  and 
excused  themselves  on  the  ground  ?f  being  par- 
ties to  the  proceeding.    Some  passages  from  the 
committee's  report  will  show  to  what  extent 
this  higgling  and  contumacy  was  carried  by  this 
corporation — deriving  its  existence  from  Con- 
gress, and  endeavoring  to  force  a  renewed  char- 
ter from  it  while  refusing  to  show  how  it  had 
used  the  first  one.    Thus  : 

"  On  the  23d  of  April,  their  chairman  address- 
ed to  the  President  of  the  bank,  a  communica- 
tion, inclosing  a  copy  of  the  resolution  of  the 
House  of  Representatives,  and  notifying  him  of 
the  readiness  of  the  committee  to  visit  the  bank 
on  the  ensuing  day,  at  any  hour  agreeable  to 
him.  In  reply,  the  President  informed  the  com- 
mittee that  the  papers  thus  received  should  bo 
submitted  to  the  board  of  directors,  at  a  special 
meeting  to  be  called  for  that  purpose.  It  ap- 
pears, in  the  journal  of  the  proceedings  of  the 
committee,  herewith  presented  to  the  House, 
that  this  was  done,  and  that  the  directors  ap- 
pointed a  committee  of  seven  of  their  board,  to 
receive  the  committee  of  the  House  of  Represen- 
tatives, and  to  offer  for  their  inspection  such 
books  and  papers  oi  the  bank,  as  may  be  nea's« 
sary  to  exhibit  the  proceedings  of  the  corporation, 


111  ^4 


l/i 


:       i 

^lll 

■";^n^i  = 


'■'i 


„i.ii  ■!''! 


!  i 


■my  :'m 


!    i!!l 


i!]! 


460 


THIRTY  YEARS'  VIEW. 


accordinn;  to  the  requirement  of  the  charter.  In 
the  letter  of  John  Serj^eant,  Esq.,  as  chairman 
of  the  committee  of  directors  commtinieatinp;  the 
proceed  in  jfs  of  tlie  boanl,  he  says  tliat  he  was 
directed  to  inform  the  chairman  of  this  committee 
that  the  committee  of  the  directors  '  will  imme- 
diately direct  the  necessary  arranjiements  to  be 
mode  for  the  acconmiodation  of  tlie  committee 
of  the  House  of  Representatives,'  and  would 
attend  at  the  bank  to  receive  them  the  next  day, 
at  eleven  o'clock.  Your  committee  attended, 
and  were  received  by  the  committee  of  di- 
rectors. 

"Up  to  this  period,  nothing  had  occurred  to 
justify  the  belief  that  a  disposition  was  felt,  on 
the  part  of  the  managers  of  the  bank,  to  embar- 
rass the  proceedings  of  the  committee,  or  have 
them  conducted  differently  from  those  of  the 
two  preceding  committees  of  investigation.  On 
assembling,  however,  the  next  morning,  at  the 
bank,  they  found  the  room  which  had  been 
offered  for  their  accommodation,  preoccupied  by 
the  committee  of  the  board,  with  the  president 
of  the  bank,  as  an  e.v  officio  member,  claiming 
the  right  to  be  present  at  the  investigations  and 
examinations  of  this  committee.  This  proceeding 
the  committee  were  not  prepared  to  expect. 
When  the  appointment  of  the  committee  of 
seven  was  first  made,  it  was  supposed  that  that 
measure,  however  designed,  was  not  well  calcu- 
lated to  facilitate  the  examination. 

"  With  a  previous  determination  to  be  present 
when  their  books  were  to  be  inspected,  they 
could  have  waited  to  avow  it  until  these  books 
were  called  for,  and  the  attempt  made  to  inspect 
them  in  tlieir  absence.  These  circumstances  are 
now  reviewed,  because  they  then  excited  an  ap- 
prelicnsion,  which  the  sequel  formed  into  con- 
viction, that  this  committee  of  directors  had 
been  appointed  to  supervise  the  acts  and  doings 
of  your  committee,  and  to  Hunt  and  restrain 
their  proceedings,  not  according  to  the  directions 
contained  in  the  resolution  of  the  House,  but 
the  will  and  judgment  of  the  board  of  directors. 
Your  committee  have  chosen  to  ascribe  this  claim 
of  the  committee  of  directors  to  sit  conjointly 
with  them,  to  the  desire  to  prevent  them  from 
making  use  of  the  books  and  papers,  for  some 
of  the  purposes  pointed  out  hy  the  resolution  of 
the  House.  They  are  sensible  that  this  claim  to 
be  present  at  all  examinations,  avowed  prema- 
turely, and  subsequently  persisted  in  with  pe- 
culiar IX-  'inacity,  could  be  attributed  to  very 
different  motives ;  but  respect  for  themselves, 
and  respect  for  the  gentlemen  who  compose  the 
committee  of  directors,  utterly  forbids  the  ascrip- 
tion to  them  of  a  feeling  which  would  merit 
compassion  and  contempt  much  more  than  re- 
sentment. 

"  This  novel  position,  voluntarily  and  deliber- 
ately taken  by  the  committee  of  the  directors, 
predicated  on  an  idea  of  equality  of  rights  with 
jonv  committee,  under  your  resolution,  rendered 
It  probable,  and  in  some  measure  necessary,  that 
your  committee  should  express  its  opinions  of 


the  relative  rights  of  the  corporation  and  th« 
House  of  Representatives.  To  avoid  all  mis- 
understanding and  future  misrepresentations,  it 
was  desirable  that  each  qu"stion  should  be  de- 
cided separately.  Contemplating  an  extended 
investigation,  but  unwilling  that  an  ai)prehensioii 
should  exist  of  improper  disclostires  bein;;  made 
of  the  transactions  of  the  bank  and  its  customers, 
your  committee,  .bllowing  the  example  of  the 
committee  of  1832,  adopted  a  resolution  declaring 
that  their  proceedings  should  be  confidential, 
until  otherwise  ordered  by  the  committie,  ami 
also  a  resolution  that  the  committee  would  con- 
duct its  investigations  '  without  the  presence  of 
any  person  not  required  or  invited  to  attend.' 
A  copy  of  these  reso'utions  was  furnished  to  the 
committee  of  directors,  in  the  hope  that  the  ex- 
clusive control  of  a  room  at  the  bank,  during  its 
hours  of  business,  would  thereafter  be  conceded 
to  your  committee,  while  the  claim  of  the  com- 
mittee of  directors  to  be  present  when  the  books 
were  submitted  for  inspection,  should  ha  jjost- 
poned  for  decision,  when  the  books  wera  called 
for  and  produced  by  them. 

"  On  the  28th  ult.  this  committee  assembled 
at  the  banking  house,  and  again  found  the  loom 
they  expected  to  find  set  apart  for  their  use, 
preoccupied  by  the  committee  of  directors,  ancl 
others,  officers  of  the  bank.  And  instead  of 
such  assurances  as  they  had  a  right  to  expect, 
they  received  copies  of  two  resolutions  adopted 
by  the  board  of  directors,  in  which  they  were 
given  to  understand  that  their  continued  occu- 
pation of  the  room  must  be  considered  a  favor, 
and  not  a  matter  of  right ;  and  in  which  tlie 
board  indulge  in  unjust  commentaries  on  tlie 
resolution  of  the  House  of  Representatives ;  and 
intimate  an  apprehension  that  your  committee 
design  to  make  their  examinations  secret,  par- 
tial, unjust,  oppressive  and  contrary  to  common 
right." 

On  receiving  this  offensive  communication, 
manifestly  intended  to  bring  on  a  quarrel,  the 
committee  adopted  a  resolution  to  sit  in  a  room 
of  their  hotel,  and  advised  the  bank  accordingly ; 
and  required  the  president  and  directors  to  sub- 
mit the  books  to  their  inspection  in  the  room 
so  chosen,  at  a  day  and  hour  named.  To  this 
the  directors  answered  that  they  could  not  com- 
ply ;  and  the  committee,  desirous  to  do  all  they 
could  to  accomplish  the  investigation  committed 
to  them,  then  gave  notice  that  they  would  attend 
at  the  bank  on  a  named  day  and  hour  to  inspect 
the  books  in  the  bank  itself— either  at  the 
counter,  or  in  a  room.  Arriving  at  the  ap- 
pointed time,  and  asking  to  see  the  books,  they 
were  positively  refused,  reasons  in  writing  being 
assigned  for  the  refusal.  They  then  made  a 
written  request  to  see  certain  books  specifically 
and  for  a  specified  purpose,  namely,  to  ascertain 


1".  f  * 


.r,-i 


uM 


ANNO  1834.    ANDREW  JACKSON,  PRESIDENT. 


461 


le  corporation  and  th« 
ics.  To  avoid  all  inis- 
■e  inisrcpreHcntations,  it 
qu"stion  should  bi'  ilo- 
teniplatin^:  an  oxteiulod 
inp  that  an  aiiprchension 
*  disclosures  bein;:  made 
(bank  and  its  customers, 
inp  the  example  of  the 
led  a  resolution  declaring 
should  be  confidential, 

by  the  conimittie.  and 
le  committee  would  con- 
without  the  presence  of 
1  or  invited  to  attend.' 
ons  was  furnished  to  the 
in  the  hope  that  the  cx- 
1  at  the  bank,  durinp  its 
d  thereafter  be  conceded 
le  the  claim  of  the  coni- 
)  present  when  the  books 
pection,  should  be  jiost- 
n  the  books  wera  called 
em. 

is  committee  assembled 
nd  again  fotnid  the  loom 
set  apart  for  (heir  use. 
nmittee  of  directors,  and 

bi\nk.  And  instead  of 
y  had  a  right  to  ex)H'ct, 
two  resolutions  adoirtcil 
)r5,  in  which  they  were 
at  their  continued  occii- 
st  be  considered  a  favor. 
ight ;  and  in  which  the 
st  commentaries  on  tlie 
!  of  Representatives ;  and 
on  that  your  committee 
xaminations  secret,  par- 
and  contrary  to  common 


>ffensive  communication, 
bring  on  a  quarrel,  the 
solution  to  sit  in  a  room 
ed  the  bank  accordingly ; 
ent  and  directors  to  sub- 
inspection  in  the  room 
d  hour  named.  To  this 
that  they  could  not  com- 
e,  desirous  to  do  all  they 
investigation  committed 
;e  that  they  would  attend 
I  day  and  hour  to  inspect 
ik  itself— either  at  the 
Arriving  at  the  ap- 
ig  to  see  the  books,  they 
,  reasons  in  writing  being 
al.  They  then  made  a 
xirtain  books  specifically 
)ose,  namely,  to  ascertain 


the  truth  of  the  report  of  the  government  di- 
rectors in  using  the  money  and  power  of  the 
bank  in  politics,  in  elections,  or  in  producing 
the  distress.  The  manner  in  which  this  call 
was  treated  must  be  given  in  the  words  of  the 
report  itself;  thus:  * 

"Without  giving  a  specific  answer  to  these 
calls  for  books  and  papers,  the  committee  of 
directors  presented  a  written  communication, 
which  was  said  to  be  '  indicative  of  the  mode  of 
proceeding  deemed  right  by  the  bank.' 

"  The  committee  or  the  board  in  that  commu- 
nication, express  the  opinion,  that  the  inquiry 
can  only  be  rightfully  extended  to  alleged  viola- 
tions of  the  charter,  and  deny  virtually  the  right 
of  the  House  of  Representatives  to  authorize 
the  inquiries  required  in  the  resolution. 

"  They  also  required  of  the  committee  of  in- 
vestigation, '  when  they  asked  for  books  and 
papers,  to  state  specifically  in  writing,  the  pur- 
poses for  which  tliey  are  proposed  to  be  inspect- 
ed ;  and  if  it  be  to  establish  a  violation  of  the 
charter,  then  to  state  specifically  in  writing, 
what  are  the  alleged  jr  supposed  violations  of 
charter,  to  which  the  evidence  is  alleged  to  be 
applicable.' 

■'To  this  extraordinary  requirement,  made 
on  the  supposition  that  your  committee  were 
charged  with  the  duty  of  crimination,  or  prose- 
cution for  criminal  offence,  and  implying  a  right 
on  the  part  of  Clie  directors  to  determine  for 
what  purposes  the  inspection  should  be  made, 
and  what  l)ooks  or  papers  should  be  submitted 
to  inspection,  your  committee  replied,  that  they 
were  not  charged  with  the  duty  of  criminating 
the  bank,  its  directors,  or  others ;  but  simply 
to  inquire,  amongst  other  things,  whether  any 
prosecution  in  legal  form  should  be  instituted, 
and  from  the  nature  of  their  duties,  and  the  in- 
structions of  the  House  of  Representatives,  they 
were  not  bound  to  state  specifically  in  writing 
any  charges  against  the  bank,  or  any  special 
purpose  for  which  they  required  the  production 
of  the  books  and  papers  for  inspection." 

The  committee  then  asked  for  copies  of  the 
accounts  and  entries  which  they  wished  to  see, 
and  were  answered  that  it  would  require  the 
labor  of  two  clerks  for  ten  months  to  make  them 
out ;  and  so  declined  to  give  the  copies.  The  com- 
mittee finding  that  they  could  make  nothing  out 
of  books  and  papers,  determined  to  change  their 
examination  of  things  into  that  of  persons  ;  and 
for  that  purpose  had  recourse  to  the  subpoenas, 
furnished  by  the  House ;  and  had  them  served 
by  the  United  States  marshal  on  the  president 
and  directors.  This  subpoena,  which  contained 
a  clause  of  duces  tecum,  with  respect  to  the 
books,  was  so  far  obeyed  as  to  bring  the  direc- 


tors in  person  before  the  committee ;  and  so  faf 
disobeyed  as  to  bring  them  without  the  books , 
and  so  far  exceeded  as  to  bring  them  with  a 
written  refusal  to  be  sworn — for  reasons  which 
they  stated.  But  this  part  deser^•es  to  be  told 
in  the  language  of  the  report ;  which  says : 

"  Believing  they  had  now  exhausted,  in  their 
efforts  to  execute  the  duty  devolved  upon  them, 
all  rea.sonable  means  depending  solely  upon  tho 
provisions  of  the  bank  charter,  to  obtain  the 
inspection  of  the  books  of  this  corporation,  your 
committee  were  at  last  reluctantly  compelled  to 
resort  to  the  subpoenas  which  had  been  fumished 
to  them  under  the  seal  of  this  House,  and  at- 
tested by  its  clerk.  They,  thereby,  on  the  0th 
inst.  directed  the  marshal  of  the  eastern  district 
of  Pennsylvania  to  summon  Nicholas  Riddle, 
president,  and  thirteen  other  |)ersons,  directors 
of  the  bank,  to  attend  at  their  committee  room, 
on  the  next  day,  at  twelve  o'clock,  at  noon,  to 
testify  concerning  the  matters  of  which  your 
committee  were  authorized  to  inquire,  and  to 
bring  with  them  certain  books  therein  named 
for  inspection.  The  marshal  served  the  sum- 
mons in  due  form  of  law,  and  at  the  time  ap- 
pointed, the  persons  therein  named  appeared 
before  the  committee  and  presented  a  written 
communication  signed  by  each  of  them,  as  the 
answer  of  each  to  the  requirements  of  the  sub- 
poena, which  is  in  the  appendix  to  this  rejiort. 
In  this  paper  they  declare  'that  they  do  not 
produce  the  books  required,  because  they  are 
not  in  the  custody  of  either  of  us,  but  as  has 
been  heretofore  stated,  of  the  board,'  and  add, 
'  considering  that  as  corporators  and  directors, 
we  are  parties  to  the  proceeding — we  do  not 
consider  ourselves  bound  to  testify,  and  there- 
fore respectfully  decline  to  do  so.' '' 

This  put  an  end  to  the  attempted  investiga- 
tion. The  committee  returned  to  Washington 
— made  report  of  their  proceedings,  and  moved : 
"  That  the  speaker  of  this  House  do  issue  his 
warrant  to  the  sergeant-at-arm.s,  to  arrest  Ni- 
cholas Biddle,  president — Manuel  Eyre,  Law- 
rence Lewis,  Ambrose  White,  Daniel  W.  Cox, 
John  Holmes,  Charles  Chauncey,  John  Goddard, 
John  R.  Neff;  William  Piatt,  Matthew  Newkirk, 
James  C.  Fisher,  John  S.  Henry,  and  John 
Sergeant,  directors — of  the  Bank  of  the  United 
States,  and  bring  them  to  the  bar  of  this  House, 
to  answer  for  the  contempt  of  its  lawful  au- 
thority." This  resolve  was  not  acted  upon  by 
the  House ;  and  he  directors  had  the  satisfaction 
to  enjoy  a  negative  triumph  in  their  contempt 
of  the  House,  flagrant  as  that  contempt  was 
upon  its  own  showing,  and  still  more  so  upon 
its  contrast  with  the  conduct  of  the  same  bank 


:  ;i' 


i'H 


I'U 


;l  1 


f-ll? 


<■"'     i.ili 


ti* 


<;i 


!   ? 


•  I-    • 


Iff 


.  1 


'0 


462 


THIRTY  YEARS*  VIKW. 


(tliough  uiidira  (lifll'ivut  set  of  diroctors),  in 
tlio  yo'if  ISI'.).  A  coniinitti'c  of  investigation 
WHS  tlu'ii  ni>i«iintiMl,  unnetl  witli  tlio  saino  innvors 
wliirli  wore  ));rnnte(l  to  this  coinniittec  of  tin* 
year  IH.''.  I ,  ami  the  ilireetors  of  that  time  readily 
8nl)!nitted  to  every  species  of  examination  which 
the  committee  chose  to  make.  Tliey  visited  the 
principal  bank  at  Philadelphia,  and  several  of 
its  branches.  They  had  free  and  nnrestrained 
access  to  the  books  and  pajiers  of  the  bank. 
They  were  fnrnished  by  the  oilicors  with  all  the 
copies  and  extracts  they  asked  for.  They  snm- 
moned  bef(in>  them  the  directors  and  oflicers  of 
the  bank,  examiiie<l  them  on  oath,  took  their 
testimony  in  writinp; — and  obtained  fnll  answers 
to  nil  their  questions,  whether  they  implied 
illcfralities  violative  of  the  charter,  or  abuses,  or 
mismanagement,  or  mistakes  and  errors. 


CHAPTER     CVII. 

MR.  T.VNl^rS  KKPOKT  ON  THE  FINANCES— EX I'O- 
81'KE  OK  THE  DISTRESS  AL.VIJMS-END  OK  THE 
TANia 

AnoiT  the  time  when  the  panic  was  at  its  height, 
and  Congress  most  heavily  assailed  with  dis- 
tress memoiiiils,  the  Secretary  of  the  Treasury 
was  called  upon  by  a  resolve  of  the  Senate  for 
a  report  upon  the  finances — with  the  full  be- 
lief that  the  finances  were  going  to  ruin,  and 
that  the  government  would  soon  be  left  without 
adequate  revenue,  and  driven  to  the  mortifying 
resource  o(  loans.  The  call  on  the  Secretary 
was  made  early  in  May,  and  was  answered  the 
middle  of  Juno  ;  and  was  an  utter  disappoint- 
ment to  those  who  called  for  it.  Far  from 
showing  the  financial  decline  which  had  been 
expected,  it  showed  an  increase  in  every  branch 
of  the  revenue !  and  from  that  authentic  test  of 
the  national  condition,  it  was  authentically 
ehown  that  the  Union  was  prosperous  !  and  that 
the  distress,  of  which  so  much  was  heard,  was 
confined  to  the  victims  of  the  United  States 
Bank,  so  far  as  it  was  real;  and  that  all  beyond 
that  was  fictitious  and  artificial — the  result  of 
the  machinery  for  organizing  panic,  oppressing 
debtors,  breaking  np  labor,  and  alarming  the 
timid.  When  the  report  came  into  the  Senate,  the 
reading  of  it  was  commenced  at  the  table  of  the 
Secretary,  and  had  not  proceeded  far  when  Mr. 


Webster  moved  to  cease  the  reading,  and  send 
it  to  the  Committee  on  Finance — that  conmiit- 
tee  in  which  a  report  of  that  kind  coidd  not  ex- 
pect to  find  either  an  early  or  favorable  notice. 
We  had  expected  a  motion  to  get  rid  of  it,  in 
gttme  quiet  way,  ami  had  preparctl  for  whatever 
might  happen.  Mr.  Taney  had  sent  for  me,  tlio 
day  before  it  came  in;  read  it  over  with  nie; 
showed  mo  all  the  tables  on  which  it  avus 
founded  ;  and  prepared  mc  to  sustain  and  em- 
blazon it :  for  it  was  our  intention  that  such  a 
report  should  go  to  the  country,  not  in  the 
quiet,  subdued  tone  of  a  State  pajier,  but  willi 
all  the  emphasis,  and  all  the  challenges  to  pub- 
lic attentitm,  which  the  amplifications,  tlie  ani- 
mation, and  the  fire  and  freedom  which  tlio 
speaking  ttyle  admitted.  The  instant,  tiien, 
that  Jlr.  AVebster  made  his  motion  to  stop  the 
reading,  and  refer  the  report  to  the  Finnnce 
Committee,  Mr.  Benton  rose,  and  demamkil 
that  the  reading  be  continued :  a  demand  whidi 
'  "J  had  a  right  to  make,  as  the  rules  gave  it  td 
every  member.  He  had  no  occasion  to  hear  it 
read,  and  probably  heard  nothing  of  it ;  but  the 
form  was  necessary,  as  the  report  was  to  be  the 
text  of  his  speech.  The  instant  it  was  done,  he 
rose  and  delivered  his  speech,  seizing  the  circum- 
stance of  the  interrupted  reading  to  furnish  the 
brief  exordium,  and  to  give  a  fresh  and  im- 
promptu air  to  what  he  was  going  to  say.  The 
following  is  the  speech : 

Mr.  Benton  rose,  and  said  tliat  this  report 
was  of  a  nature  to  deserve  some  attention,  be- 
fore it  left  the  chamber  of  the  Senate,  and  wont 
to  a  committee,  from  which  it  might  not  re- 
turn in  time  for  consideration  at  this  session. 
It  had  been  called  for  under  circumstances 
which  attracted  attention,  and  disclosed  infor- 
mation which  deserved  to  be  known.  It  was 
called  for  early  in  May,  in  the  crisis  of  the 
alarm  operations,  and  with  confident  assertions 
that  the  answer  to  the  call  would  prove  the 
distress  and  the  suffering  of  the  coimtry.  It 
was  confidently  asserted  tha*,  the  Secretary  of 
the  Treasury  had  over-estir.iated  the  revenues 
of  the  year ;  that  there  would  be  a  great  falling 
off— a  decline— a  bankruptcy ;  that  confidence 
was  destroyed — enterprise  checked— industry 
paralyzed — commerce  suspended !  that  the  dire- 
ful act  of  one  man,  in  one  dire  order,  had  changed 
the  fiice  of  the  country,  from  a  scene  of  unpar- 
alleled prosperity  to  a  scene  of  unparalleled 


t' 


1 1 , 


It' 


ANNO  1831.    ANDUKW  JACKSON,  rKI>tII)KNT. 


4G3 


L'  (lie  ri'adiiiR,  nnd  send 

Fiimiico — tlmt  oominit- 

tlmt  kind  coidd  not  cx- 

irly  or  favonilik'  notiii>. 

lion  to  pet  rid  of  it,  in 

il  prcparctl  for  whatever 

iicy  had  sent  for  me,  the 

read  it  over  with  nie; 

ibles   on  wliieh   it  was 

I  mc  to  sustain  and  em- 
ir intention  that  sueli  a 
he  country,  not  in  the 
a  State  imjier,  but  witli 

II  the  ehaUenjies  to  puh- 
!  amplifications,  tlie  aiii- 
ind  freedom  which  tiie 
cd.  The  instant,  then, 
u  his  motion  to  Ktoj)  tlio 

report  to  the  Finance 
an  rose,  nnd  demamlcil 
itinued :  a  den\and  which 
(,  as  the  rules  gave  it  to 
id  no  occasion  to  hear  it 
rd  nothiu};;  of  it ;  but  tiio 
the  report  was  to  be  tlio 
ic  instant  it  was  done,  ho 
peech,  seizing  thecirciim- 
ed  reading  to  furnish  tlie 
o  give  a  fresh  and  im- 
0  was  going  to  say.  The 
i: 

id  said  that  this  report 
ervc  some  attention,  bc- 
r  of  the  Senate,  and  wont 
which  it  might  not  rc- 
deration  at  tliis  session, 
or  inidcr  circumstances 
lion,  and  disclosed  infor- 
\  to  be  known.    It  was 
ay,  in  the  crisis  of  the 
with  confident  assertions 
he  call  would  prove  the 
ring  of  the  country.    It 
cd  tha*,  the  Secretary  of 
r-estir.mted  the  revenues 
e  would  be  a  great  falling 
vruptcy ;  that  confidence 
prise  checked — industry 
suspended !  that  the  dire- 
le  dire  order,  had  changed 
,  from  a  scene  of  unpar- 
a  scene  of  unparalleled 


desolation!  that  the  canal  was  a  solitude,  the 
lake  a  desert  waste  of  waters,  the  ocean  wi'h- 
out  ships,  the  commercial  towns  desertetl,  silent, 
anil  sad  ;  orders  for  goods  eo\nitermandeil ;  for- 
eign purchases  Btoi)ped  !  and  that  the  answer 
of  the  Secretary  wovdd  prove  all  this,  in  show- 
in"  the  falsity  of  his  own  estimates,  and  the 
great  decline  in  the  revenue  and  importations 
of  the  country.    Such  were  the  assertions  ami 
predictions  under  which  the  call  was  made,  and 
to  which  the  public  attention  was  attracted  by 
every  device  of  theatrical  declamation  from  this 
floor.    Well,  the  answer  comes.    The  Secretary 
sends  in  his  report,  with  every  statement  called 
for.    It  is  a  report  to  make  the  patriot's  heart 
rejoice !  full  of  high  and  gratifying  facts ;  re- 
plete with  rich  iufornnition ;  and  pregnant  with 
evidences  of  national  prosperity.     IIow  is  it  re- 
ceived—how received  by  those  who  called  for  it? 
^V'ith  downcast  looks,  and  wordless  tongues !    A 
motion  is  even  made  to  stop  the  reading !  to  stop 
the  reading  of  such  a  I'cport !  called  for  inider 
such  circumstances ;  while  whole  days  are  given 
up  to  reading  the  monotonous,  tautologous,  and 
emlless  repetitions  of  distress  memorials,  the 
echo  of  our  own  speeches,  and  the  thotisandth 
edition  of  the  same  work,  without  emendation 
or  correction !     All   these  can  be  read,  and 
printed,  too,  and  lauded  with  studied  eulogium, 
and  their  contents   sent   out  to  the  people, 
freighted  upon  every  wind;  but  this  official 
report  of  the  Secretary  of  the  Treasury,  upon 
the  state  of  their  own  revenues,  and  of  their 
own  commerce,  called  for  by  an  order  of  the 
Senate,  is  to  be  treated  like  an  unwelcome  aiid 
worthless  intruder ;  received  without  a  word — 
not  even  read — slipped  out  upon  a  motion — 
disposed  of  as  the  Abbo  Sieycs  voted  for  the 
death  of  Louis  the  Sixteenth :  mort  sans  phrase ! 
death,  without  talk !    But  lie,  Mr.  B.,  did  not 
mean  to  sufi'er  this  report  to  be  dispatched  in 
this  unceremonious  and  compendious  style.    It 
had  been  called  for  to  be  given  to  the  people, 
and  the  people  should  hear  of  it.    It  was  not 
what  was  expected,  but  it  is  what  is  true,  and 
what  will  rejoice  the  heart  of  every  patriot  in 
America.    A  pit  was  dug  for  Mr.  Taney ;  the 
diggers  of  the  pit  have  fallen  into  it ;  the  fault 
is  not  his ;  and  the  sooner  they  clamber  out,  the 
better  for  themselves.    The  people  have  a  right 
to  know  the  contents  of  this  report,  and  know 
them  they  shall ;  and  if  there  is  any  man  in  this 


America,  whose  heart  is  so  constructed  as  to 
grieve  over  the  pros|H'rily  of  his  country,  let 
him  prepare  himself  for  sorrow  ;  for  the  proof 
is  furthcoming,  that  m-ver,  since  America  hud  a 
place  among  nations,  was  the  prosperity  of  (he 
country  ecpml  to  what  it  is  at  this  day ! 

Mr.  n.  then  reijuested  the  Secretary  of  tho 
Semite  to  send  him  the  report,  and  comiiarntive 
statements;  which  being  done,  Mr.  B.  opened 
the  report,  nnd  went  over  the  heads  of  it  to 
show  that  the  Secretary  of  the  Treasury  had 
not  over-estimated  the  revenue  of  the  year,  as 
he  had  been  charged,  nnd  as  the  report  was  ex- 
pected to  prove  :  that  the  revenue  was,  in  fact, 
superior  to  the  estimate;  and  that  the  impor- 
tations would  ecjinil,  if  not  exceed,  the  highest 
amount  that  they  had  ever  attained. 

To  appreciate  the  statements  which  he  should 
make,  Mr.  B.  said  it  was  necessary  for  tho  Senate 
to  recollect  that  the  list  of  dutiiibli^  articles  was 
now  greatly  reduced.  Many  articles  were  now 
free  of  «luty,  which  formerly  paii'  heavy  duties  ; 
many  others  were  reduced  in  duty  ;  and  the  fair 
effect  of  these  abolitions  and  reductions  wotdd 
be  a  diminution  of  revenue  even  without  a  dimi- 
nution of  imports ;  yet  the  Secretary's  esliinate, 
made  at  tho  commencement  of  tho  session,  was 
more  than  realized,  and  showed  the  gratifying 
si)ectacle  of  n  full  nnd  overflowing  treasury,  in- 
stead of  the  empty  one  which  had  been  pre- 
dicted ;  and  left  to  Congress  the  grateful  occupa- 
tion of  further  reducing  taxes,  instead  of  the 
odious  task  of  borrowing  money,  as  had  been 
so  loudly  anticijjated  for  six  months  jiast.  The 
revenue  accruing  from  imports  in  the  first  (jiiar- 
ter  of  the  present  year,  was  f),.'}  14,,')  10  dollars; 
the  payments  actually  made  into  the  treasury 
from  the  custom-luniscs  for  the  same  (piarter, 
were  4,4.*^.'>,38()  dollars ;  and  the  p.iyments  from 
lands  for  the  same  time,  were  1,.'')98,20()  dollars. 
The  two  first  months  of  the  second  quarter  were 
producing  in  a  full  ratio  to  the  first  quarter ; 
and  the  ndunl  amount  of  available  funds  in  the 
treasury  on  the  9th  day  of  this  month,  was 
eleven  nnllions,  two  hundred  and  forty-nine 
thousand,  four  hundred  and  twelve  dollars.  Tho 
two  last  quarters  of  the  year  were  always  tho 
most  productive.  It  vas  the  time  of  tho  largest 
importations  of  foreign  goods  which  pay  most 
duty — the  woollens — and  tho  season,  also,  for 
the  largest  sale  of  public  lands.  It  is  well  be- 
lieved that  tho  estimate  will  be  more  largely  ex- 


?*' 


464 


THIRTY  YEARS'  VIEW. 


)  !l' 


I     I 


M 


cct'dcd  in  those  two  quarters  than  in  the  two 
first ;  and  that  the  excess  for  the  whole  year, 
over  the  estimate,  will  be  full  two  millions  of 
dollars.  This,  Mr.  B.  said,  was  one  of  the  evi- 
dences of  public  prosperity  which  the  report 
contained,  and  which  utterly  contradicted  the 
idea  of  distress  and  commercial  embarrassment 
which  had  been  propagated,  from  this  chamber, 
for  the  last  six  months. 

Mr.  B.  proceeded  to  the  next  evidence  of  com- 
mercial prosperity ;  it  was  the  increased  importa- 
tions of  foreign  goods.  These  imports,  judging 
from  the  five  first  months,  would  be  seven  mil- 
lions more  than  they  were  two  years  ago,  when 
the  Bank  of  the  United  States  had  seventy  mil- 
lions loaned  out ;  and  they  were  twenty  millions 
more  than  in  the  time  of  Mr.  Adams's  adminis- 
tration. At  the  rate  they  had  commenced,  they 
would  amount  to  one  hundred  and  ten  millions 
for  the  year.  This  will  exceed  whatever  was 
known  in  our  country.  The  imports,  for  the 
time  that  President  Jackson  has  served,  have  re- 
gularly advanced  from  about  $74,000,000  to 
$108,000,000.  The  following  is  the  statement 
of  these  imports,  from  which  Mr.  B.  read : 


1829 
1830 
1831 

1832 
1833 


$74,492,527 
70,876,920 
103,191,124 
101,029,206 
108,118,311 


Mr.  B.  said  that  the  imports  of  the  last  year 
were  greater  in  proportion  than  in  any  pre^^ous 
year ;  a  temporary  decline  might  reasonably  have 
been  expected;  such  declines  always  take  place  af- 
ter excessive  importat'oDs,  Ifit  had  occurred  now, 
though  naturally  to  have  been  expected,  the  fact 
would  have  been  trumpeted  forth  as  the  infalli- 
ble sign — the  proof  positive — of  commercial  dis- 
tress, occasioned  by  the  fatal  removal  of  the  de- 
posits. But,  as  there  was  no  decline,  but  on  the 
contrary,  an  actual  increase,  he  must  claim  the 
evidence  for  the  other  side  of  the  account,  and 
set  it  down  as  proof  positive  that  commerce  is  not 
destroyed  ;  and,  consequently,  that  the  removal 
of  the  deposits  did  not  destroy  commerce. 

The  next  evidence  of  commercial  prosperity 
which  Mr.  B.  would  exhi  jit  to  the  Senate,  was 
in  the  increased,  and  increasing  number  of  ship 
arrivals  from  foreign  ports.  The  number  of  ar- 
rivals for  the  month  of  May,  in  New- York, 
was  two  hundred  and  twenty-three,  exceeding 


by  thirty-six  those  of  the  month  of  April 
and  showing  not  only  a  great,  but  an  increas- 
ing activity  in  the  commerce  of  that  great 
emporium — he  would  not  say  of  the  United 
States,  or  even  of  North  America — but  he 
would  call  it  that  great  emporium  of  the  two 
Americas,  and  of  the  New  World ;  for  the  goods 
imported  to  that  place,  were  thence  distributed 
to  every  part  of  the  two  Americas,  from  the 
Canadian  lakes  to  Cape  Horn. 

A  third  evidence  of  national  prosperity  was 
in  the  sales  of  the  public  lands.  Mr.  B.  hatl 
on  a  former  occasion,  adverted  to  these  sales 
so  far  as  the  first  quarter  was  concerned ;  and 
had  shown,  that  instead  of  falling  olf,  as  hud 
been  predicted  on  this  floor,  the  revenue  from 
the  sales  of  these  lands  had  actually  doubled 
and  more  than  doubled,  what  they  were  in 
the  first  quarter  of  1833.  The  receipts  fur 
lands  for  that  quarter,  were  $008,526 ;  for  the 
first  quarter  of  the  present  year  they  wore 
$1,398,206  ;  being  two  to  one,  and  $00,000 
over !  The  receipts  for  the  two  first  months 
of  the  second  quarter,  were  also  known,  and 
would  carry  tho  revenue  from  lands,  for  the 
first  five  months  of  this  year,  to  two  millions 
of  dollars ;  indicating  five  millions  for  the 
whole  year;  an  enormous  amount,  from  which 
the  people  of  the  new  States  ought  to  be,  in 
some  degree,  relieved,  by  a  reduction  in  tlie 
price  of  lands.  Mr.  B.  begged  in  the  most  em- 
phatic terms,  to  remind  the  Senate,  that  at  the 
commencement  of  the  session,  the  sales  of  the 
public  lands  were  selected  as  one  of  the  crite- 
rions  by  which  the  ruin  and  desolation  of  the 
country  were  to  be  judged.  It  was  then  pro- 
dieted,  and  the  prediction  put  forth  with  all 
the  boldness  of  infallible  prophecy,  that  the  re- 
moval of  the  deposits  would  stop  the  sales  of 
the  public  lands ;  that  money  WDuld  disappear, 
and  the  people  have  nothing  to  buy  with ;  that 
the  produce  of  the  earth  would  rot  upon  the 
hands  of  the  farmer.  These  were  the  predic- 
tions; and  if  the  sales  had  really  declined, 
what  a  proof  would  immediately  be  found  in 
the  fact  to  prove  the  truth  of  the  prophecy,  and 
the  dire  efibcts  of  changing  the  public  moneys 
from  one  set  of  banking-houses  to  another! 
But  there  is  no  decline  ;  but  a  doubling  of  the 
former  product ;  and  a  fair  conclusion  thence  de- 
duced that  the  new  States,  in  the  interior,  are 
as  prosperous  as  the  old  ones,  on  the  sea-coast. 


ANNO  1834.    AM)U!:W  JACK.SOX,  rUMilDKNT. 


465 


r  the  month  of  April, 
n  great,  but  an  incrcas- 
ommcrco  of  thut  great 
not  say  of  the  United 
forth  America — but  lie 
it  emporium  of  the  two 
ew  World ;  for  the  goods 
I  were  thence  distributed 
two  Americas,  from  the 
!  Horn. 

national  prosperity  was 
iblic  lands.    Mr.  B.  had, 
adverted  to  these  sales, 
tcr  was  concerned;  and 
sad  of  falling  off,  as  had 
floor,  the  revenue  from 
ds  had  actually  doubled, 
led,  what  they  were  in 
1833.     The  receipts  fur 
,  were  $CG8,52G  ;  for  the 
present  year  they  were 
vo  to  one,  and  $00,000 
or  the  two  first  months 
r,  were  also  known,  and 
muo  from  lands,  for  tlie 
his  year,  to  two  millions 
g    five    millions  for  the 
lous  amount,  from  which 
w  States  ought  to  be,  in 
,  by  a  reduction  in  tlie 
i.  begged  in  the  most  eni- 
id  the  Senate,  that  at  the 
I  session,  the  sales  of  the 
ected  as  one  of  the  crito- 
jin  and  desolation  of  the 
udged.    It  was  then  pre- 
Rtion  put  forth  with  all 
ale  prophecy,  that  the  re- 
would  stop  the  sales  of 
t  money  WDuld  disappear, 
lothing  to  buy  with  ;  that 
irth  would  rot  upon  the 
These  were  the  preilic- 
iles  had  really  declined, 
immediately  be  found  in 
truth  of  the  prophecy,  and 
inging  the  public  moneys 
iking-houses  to  another! 
le  ;  but  a  doubling  of  the       1| 
i  fair  conclusion  thence  de- 
states,  in  the  interior,  are 
M  ones,  on  the  sea-coast 


Having  proved  the  general  prowjK-rity  of  the 
country  IVora  tiieso  infallible  data — flourishing 
revenue — nourishing  commerce — increa.sed  arri- 
vals of  ships — and  increased  sales  of  public 
lands,  Mr.  B.  said  that  he  was  far  from  denying 
that  actual  distress  had  existed.  Ilu  had  ad- 
mitted the  fact  of  that  distress  heretofore,  not 
to  the  extent  to  which  it  was  charged,  but  to  a 
gufficient  extent  to  excite  sympathy  for  the 
BufTerers ;  and  he  had  distinctly  charged  the 
whole  distress  that  did  exist  to  the  Bank  of 
the  United  States,  and  the  Senate  of  the  Uni- 
ted States — to  the  sere w-and- pressure  oiKra- 
tions  of  the  bank,  and  the  alarm  speeches  in 
the  Senate.  He  had  made  this  charge ;  and 
made  it  under  a  full  sense  of  the  moral  respon- 
sibility which  he  owed  to  the  people,  in  affirm- 
ing any  thing  so  disadvantageous  to  others, 
from  this  elevated  theatre.  lie  had,  therefore, 
given  his  proofs  to  accompany  the  charge  ;  and 
he  had  now  to  say  to  the  Senate,  and  through 
the  Senate  to  the  pecple,  that  he  found  new 
proofs  for  that  charge  in  the  detailed  state- 
ments of  the  accruing  revenue,  which  had  been 
called  for  by  the  Senate,  and  furnished  by  the 
Secretary  of  the  Treasury. 

Jlr.  B.  said  he  must  be  pardoned  for  repeat- 
ing his  request  to  the  Senate,  to  recollect  how 
often  they  had  been  told  that  trade  was  para- 
lyzed ;  that  orders  for  foreign  goods  were  coun- 
termanded ;  that  the  importing  cities  were  the 
pictures  of  desolation ;  their  ships  idle ;  their 
wharves  deserted ;  their  mariners  wandering 
up  and  down.  Now,  said  Mr.  B.,  in  looking 
over  the  detailed  statement  of  the  accruing  re- 
venue, it  was  found  that  there  was  no  decline 
of  commerce,  except  at  places  where  the  policy 
and  power  of  the  United  States  Bank  was  pre- 
dominant !  Where  that  power  or  policy  was 
predominant,  revenue  declined;  where  it  was 
not  predominant,  or  the  policy  of  the  bank  not 
exerted,  the  revenue  increased ;  and  increased 
fast  enough  to  make  up  the  deficiency  at  the 
other  places.  Mr.  B.  proceeded  to  verify  this 
statement  by  a  reference  to  specified  places. 
Thus,  at  Philadeljjhia,  where  the  bank  holds  its 
seat  of  empire,  the  revenue  fell  olf  about  one 
third;  it  was  ,S797,;}ir)  for  the  firsu  quarter  of 

1833,  and  only  ,^:)  12,498  for  the  first  quarter  of 

1834.  At  \c\v-York,  where  the  bank  has  not 
been  able  to  get  the  upper  hand,  there  was  an 
increase  of  more   than   $120,000;   the  reve- 

VoL.  I.— 30 


nue  there,  for  the  first  (juarter  of  1833,  was 
$',  22,1(10;  fur  the  first  of  1834,  it  wa» 
$3,249,780.  At  Boston,  where  the  bank  is 
again  predominant,  the  revenue  fell  off  about 
one  third  ;  at  Salem,  Mass.,  it  fell  off  four  flftl«. 
At  Baltimore,  where  the  bank  bus  been  defeat- 
ed, there  was  an  increase  in  the  revenue  of  more 
than  $70,000.  At  Bichniond,  the  revenue  was 
doubled,  from  $12,034  to  $25,810.  At  Charle.s- 
ton,  it  was  increased  from  $(;0,.'»03  to  $102,810. 
At  Petersburg,  it  was  slightly  increased ;  and 
throughout  all  the  region  south  of  the  Poto- 
mac, there  was  either  an  increase,  or  the  Blight 
falling  off  which  might  result  from  diminished 
duties  without  diminished  in>])ortations.  Mr. 
B.  said  he  knew  that  bank  power  was  pre- 
dominant in  some  of  the  cities  of  the  South ; 
but  he  knew,  also,  that  the  bank  policy  of  dis- 
tress and  oppression  bad  not  been  practised 
there.  That  was  not  the  region  to  be  governed 
by  the  scourge.  The  high  mettle  of  that  re- 
gion required  a  ditferent  policy:  gentleness^ 
conciliation,  coaxing !  If  the  South  was  to  be 
gained  over  by  the  bank,  it  was  to  be  done  by 
favor,  not  by  fear.  The  scourge,  thoiigh  sa 
much  the  most  congenial  to  the  haughty  spirit 
of  the  moneyed  power,  was  only  to  be  applied 
where  it  would  be  submitted  to ;  and,  therefore, 
the  whole  region  south  of  the  Potomac,  was  ex- 
empted from  the  lash. 

Mr.  B.  here  paased  to  fix  the  attention  of  the 
Senate  upon  these  facts.  Where  the  power  of 
the  bank  enabled  her  to  depress  cunimerce  and 
sink  the  revenue,  and  her  policy  permitted  her 
to  do  it,  commerce  was  depressed ;  and  the  reve- 
nue was  sunk,  and  the  prophecies  of  the  distress 
orators  were  fulfilled  ;  but  where  her  power  did 
not  predominate,  or  where  her  policy  required 
a  different  course,  commeice  increased,  and  the 
revenue  increased ;  and  the  result  of  the  whole 
is,  that  New-York  and  some  other  anti-bank 
cities  have  gained  what  Philadelphia  and  other 
bank  cities  have  lost ;  and  the  federal  treasury 
is  just  as  well  off,  as  if  it  had  got  its  accustomed 
supply  from  every  place. 

This  view  of  facts,  Mr.  B.  said,  must  fasten 
upon  the  bank  the  odium  of  having  produced  all 
the  real  commercial  distress  which  has  been  felt- 
But  at  one  point,  at  New  Orleans,  there  was 
further  evidence  to  convict  her  of  wanton  and 
wicked  oppression.  It  was  not  ia  the  Secre- 
tary's reports,  but  it  was  in  the  weekly  returns 


466 


TTTTUTY  YFARft*  VIKW. 


I   1 


f 


f 


!;'  ^  1*     .Tit 


©f  the  bunk  ;  «Hfl  showed  that,  in  tlie  bepitmiii{» 
of  March,  that  iiiHtitution  hud  carried  off  from 
her  hrniicli  in  New  Orleans,  the  Bum  of  about 
^t<()(),()()0  in  s[R'cie,  which  it  had  been  cnllecti'ip; 
all  the  winter,  by  a  wanton  curtailment,  under 
the  pretext  of  Hupplj'ing  the  amount  of  the  de- 
posits tal\en  from  her  at  tliat  place.  Tliese 
$800,000  dollars  were  collected  from  the  New 
Orleans  mcrchantH  in  the  very  crisis  of  the  arri- 
val of  Western  produce.  The  merchants  were 
pressed  to  pay  debts,  when  they  ouf^ht  to  have 
been  accommodated  with  loans.  The  price  of 
produce  was  thereby  depressed ;  the  whole 
West  suffered  from  the  depression  j  and  now  it 
is  proved  that  the  money  was  not  wanted  to 
supply  the  place  of  the  deposits,  but  was  sent 
to  Philadeli»hia,  where  there  was  no  use  for  it, 
the  bank  having  more  than  she  can  use ;  and 
that  the  whole  operation  was  a  wanton  and 
wicked  measure  to  coerce  the  West  to  cry  out  for 
a  return  of  the  deposits,  and  a  renewal  of  the 
charter,  by  attacking  their  commerce  in  the 
market  of  New  Orleans.  This  fact,  said  Mr. 
B.,  would  have  been  proved  from  the  books  of 
the  bank,  if  they  had  been  inspected.  Failing 
in  that,  the  proof  was  intelligibly  found  in  the 
weekly  returns. 

Mr.  I>.  took  lip  another  table  to  prove  the 
prosperity  of  the  country :  it  was  in  the  increase 
of  specie  since  the  programme  for  the  distress 
had  been  published.  That  programme  dated 
from  the  first  day  of  October  last,  and  the  clear 
increase  since  that  time  is  the  one  half  of  the 
whole  quantity  then  in  the  United  States.  The 
imports  had  been  ^11,128,291 ;  the  exports  only 
$998,701. 

Mr.  B.  remarked,  upon  this  statement,  that 
it  presented  a  clear  gain  of  more  than  ten  mil- 
lions of  dollars.  He  was  of  opinion  tlwit  two 
millions  ought  to  be  added  for  sums  not  cnl.-  ed 
at  the  custom-house,  which  would  make  twelve 
millions ;  and  added  to  the  six  millions  of  1833, 
would  give  eighteen  millions  of  specie  of  clear 
gain  to  the  country,  in  the  last  twenty  months. 
This,  he  said  was  prosperity.  It  was  wealth  it- 
self; and  besides,  it  showed  that  the  country 
was  not  in  debt  for  its  large  importations,  and 
that  a  larger  proportion  of  foreign  imports  now 
consisted  of  specie  than  was  ever  known  before. 
Mr.  B.  particularized  the  imports  and  exports 
of  gold  ;  how  the  former  had  increased,  and  the 
latter  diminished,  during  the  last  few  months  j 


and  said  that  a  great  amount  of  gold,  lioth  for- 
eign and  domestic,  was  now  waiting  in  the  coim- 
try  to  see  if  Congress  wouM  raise  gold  to  its 
fair  value.  If  so  raised,  this  gold  would  remain 
and  enter  into  cirodation  ;  if  not,  it  would  irn- 
me<liately  go  off  to  foreign  countries;  for  gold 
was  not  a  thing  to  stay  where  it  was  under- 
valued, lie  also  spoke  of  silver,  and  said  that 
it  had  arrived  without  law,  but  coidd  not  re- 
main without  law.  Unless  Congress  passed  an 
act  to  make  it  current,  and  that  at  full  value  as 
money,  and  not  at  the  mint  value,  as  bullion,  it 
woidd  go  off. 

Mr.  IJ.  had  a  further  view  to  give  of  the  pros- 
perity of  the  country,  and  further  evidence  to 
show  that  all  the  distress  really  suffered  was 
factitious  and  unnatural.  It  was  in  the  great 
increase  of  money  in  the  United  States,  during 
the  last  year  and  a  half.  lie  spoke  of  money; 
not  [)aper  promises  to  pay  money,  but  the  thing 
itself— real  gold  and  silver — and  affirmed  that 
there  was  a  clear  gain  of  from  eighteen  to  twen- 
ty millions  of  specie,  within  the  time  that  he  had 
mentioned.  He  then  took  up  the  custom-house 
returns  to  verify  this  important  statement,  and 
to  let  the  people  see  that  the  country  was  never 
so  well  off  for  money  as  at  the  very  time  that  it 
was  proclaimed  to  be  in  the  lowest  state  of  jiov- 
erty  and  misery.  He  first  showed  the  inij)orts 
and  exports  of  specie  and  bullion  for  the  year 
ending  the  30th  of  September,  1833.  It  was  as 
follows : 

Year  ending  September  30.  1833. 


Imports. 

Exports. 

Gold  bullion, 

$48,207 

$20,775 

Silver  do. 

297,840 

Gold  coin, 

503,585 

495.890 

Silver  do. 

6,100,676 

1,722,190 

$7,070,308     $2,244,861 

Mr.  B.  having  read  over  this  statement,  re- 
;siarked  upon  it,  that  it  presented  a  clear  balance 
of  near  five  millions  of  specie  in  favor  of  the 
United  States  on  the  first  day  of  October  la.st, 
without  counting  at  least  another  million  which 
was  brought  by  jiassengcrs,  and  not  put  upon 
the  custom-house  books.  It  might  be  assumed, 
he  said,  that  there  was  a  clear  accession  of  bIx 
millions  of  specie  to  the  money  of  the  United 
States,  on  the  morning  of  that  very  day  which 
had  been  pitched  upou  by  all  the  distress  or»- 


noiint  of  pold,  lioth  for- 

now  wiiitin;;  i»  tho  coiin- 

wouhl  raieo  gold  to  its 

this  Roltl  would  remain, 

on  5  if  not,  it  would  im- 

i'i^!;n  countries;  for  gold 

iiy  wlicro  it  wa.s  undir- 

of  silver,  and  Raid  that 

law,  liut  could  not  rc- 

ilefls  ron^rcsR  passed  an 

and  that  at  full  value  as 

mint  value,  as  bullion,  it 

'  view  to  give  of  the  pros- 
and  further  evidence  to 
tress  really  Buffered  was 
•nl.  It  was  in  the  great 
he  United  States,  during 
f.  lie  spoke  of  money; 
pay  inoney,  bnt  the  thing 
silver — and  affirmed  that 
of  from  eighteen  to  twen- 
ithin  the  time  that  he  had 
look  up  the  custom-house 
juiportant  statement,  and 
lat  the  country  was  never 
IS  at  the  very  time  that  it 
n  the  lowest  state  of  jiov- 
first  showed  the  inii)ort8 
nd  bullion  for  the  year 
itembcr,  1833.    It  was  as 

epteinber  30.  1833. 


Imports. 
$48,207 
297,840 
503,585 

6,100,076 

Exports. 

$20,775 

495.890 
1,722,190 

7,070,308 

$2,244,861 

over  this  statement,  re- 
t  presented  a  clear  balance 
of  specie  in  favor  of  the 
first  day  of  October  last, 
-ast  another  million  which 
■ngcrs,  and  not  put  upon 
ks.  It  might  be  assumed, 
,s  a  clear  accession  of  si.'c 
the  money  of  the  United 
g  of  that  very  day  which 
1  by  all  the  distress  ora- 


ANNO  ISnt.    ANDRKW  JACKSON,  PRFSIDirNT. 


4G7 


tors  in  the  ci.untry,  to  date  the  ruin  and  desola- 
tion of  the  country. 

Mr.  H.  then  showed  a  statement  of  the  ini' 
pditH  and  e.xports  of  spei-ie  and  biillion,  from 
the  first  tif  October,  1833,  to  the  11th  of  Juno, 
instant. 

Mr.  11.  recapitulated  tho  evidences  of  national 
prosjK-'rity — increa.sed  imports — revenue  from 
customs  exceeding  the  estimate — increased  re- 
venue from  public  lands — increased  amoimt  of 
siitrie — above  eleven  millions  of  available  funds 
x\it\Y  in  llie  treasury — domestic  and  foreign 
coniiuorce  active — the  price  of  produce  an<l  [.ro- 
porty  fair  and  good — lalwr  every  wheie  finding 
emiiloyment  and  reward — more  money  in  the 
country  than  ever  was  in  it  at  any  one  time 
hef'ire — the  numerous  advertisements  for  the 
iiinchiise  of  slaves,  in  the  j.apors  of  this  city,  for 
llio  Southern  market,  which  indicated  the  high 
jiiiee  of  Southern  products — and  affirmed  his 
conscientious  belief,  that  tho  country  was  more 
prosperous  at  this  time  than  at  any  period  of 
its  existence  ;  and  inveighed  in  terms  of  strong 
indignation  against  the  arts  and  artifices,  which 
fur  the  last  six  months  had  disturbed  and  agi- 
tiitcd  the  country,  and  done  serious  mi.schief  to 
many  individuals.  He  regretted  the  miscarriage 
of  the  attempt  to  examine  tho  Bank  of  the 
United  States,  which  he  believed  would  have 
oomiiloted  the  proof  against  that  institution  for 
its  share  in  getting  up  an  unnatural  and  fivcti- 
tious  scene  of  distress,  in  the  midst  of  real 
prosperity.  But  he  did  not  limit  his  invective 
to  the  bank,  but  came  directly  to  the  Senate, 
aid  charged  a  full  share  upon  the  theatrical 
distress  speeches,  delivered  upon  the  floor  of 
the  Senate,  in  imitation  of  Volney's  soliloquy 
over  the  ruins  of  Palmyra.  He  repeated  some 
passages  from  the  most  affecting  of  these  la- 
mentations over  the  desolation  of  the  country, 
such  as  the  Senate  had  been  accustomed  to  hear 
about  tho  time  of  the  New-York  and  Virginia 
elections.  "  The  canal  a  solitude !  The  lake  a 
desert  waste  of  waters !  That  populous  city 
lately  resounding  with  the  hum  of  busy  multi- 
tudes, now  silent  and  sad  !  A  whole  nation,  in 
the  midst  of  unparalleled  prosperity,  and  Ar- 
cadian felicity,  suddenly  struck  into  poverty,  and 
plunged  into  unutterable  woe !  and  all  this  by  the 
direful  act  of  one  wilful  man ! "  Such,  said  Mr.  B., 
were  tho  lamentations  over  the  ruins,  not  of  the 
Tadmor  in  the  desert,  but  of  this  America,  whose 


true  condition  yon  have  just  seen  exhibited  in 
the  faithful  report  of  tho  Secretary  of  the  Tren- 
sury.  Not  even  the  ''  liaseless  fabric  of  a  vision" 
was  ever  more  destitute  of  tbimdatioii,  than 
those  lamentable  nccoimts  of  tlesolation.  Tho 
lamentation  has  ceased;  the  panic  has  gone  off; 
would  to  God  ho  could  follow  out  thu  noble  line 
of  the  poet,  and  say,  "leaving  not  a  wreck  be- 
hind." But  ho  could  not  say  that.  Then"  v.ere 
wrecks  !  wrecls  of  merchants  in  every  city  in 
which  the  bank  tried  its  cruel  policy,  and  wrecks 
of  banks  in  this  district,  wncre  the  panic  speeches 
fell  thickest  and  loudest  ujion  tho  cars  of  an 
astonishoil  and  terrified  comnmnity  ! 

But,  continued  Mr.  B.,  the  game  is  up ;  tho 
alarm  is  over;  the  people  are  tired  of  it  ;  tho 
agitators  have  ceased  to  work  the  engine  of 
alarm.  A  month  ago  he  had  said  it  was  "  tho 
last  of  pea-time"  with  the.se  distress  memorials; 
ho  would  now  use  a  bolder  figure,  and  say,  that 
the  Secretary's  report,  just  read,  had  exiiellcd 
forever  the  ghost  of  alarm  from  the  chamber  of 
the  Senate.  All  ghosts,  said  Mr.  B.,  are  afraid 
of  the  light.  The  crowing  of  the  cock — the  break 
of  day — remits  them  all,  the  whole  shadowy 
tribe,  to  their  dark  and  dreary  abodes.  Ilow 
then  can  this  poor  ghost  of  alarm,  which  has 
done  such  hard  service  for  six  months  past,  how 
can  it  stand  the  full  light,  tho  broad  glare,  tho 
clear  sunshine  of  the  Secretary's  report  ?  ''  Alas, 
poor  ghost ! "  The  .shade  of  tho  '"  noble  Dane  " 
never  quit  the  stage  under  a  more  inexorable 
law  than  the  one  which  now  drives  thee  » way ! 
This  report,  replete  with  plain  facts,  and  lumin- 
ous truth.s,  puts  to  flight  the  apparition  of  dis- 
tress, breaks  down  tho  whole  machinery  of 
alarm,  and  proves  that  the  American  j)eople 
are,  at  this  day,  tho  most  prosperous  people  on 
which  the  beneficent  sun  of  heaven  did  ever 
shine  I 

Mr.  B.  congratulated  himself  that  the  spectre 
of  distress  could  never  be  made  to  cross  the 
Mississippi.  It  made  but  slow  progress  any 
where  in  the  Great  Valley,  but  was  balked  at 
the  King  of  Floods.  A  letter  from  St.  Louis  in- 
formed him  that  an  attempt  had  just  beenmado 
to  get  up  a  distress  meeting  in  the  town  of  St, 
Louis ;  but  without  effect.  T'he  officers  were 
obtained,  and  according  to  the  approved  rule  of 
such  meetings,  they  were  converts  from  Jack- 
sonism ;  but  there  tho  distress  proceedings 
stopped,  and  took  another  turn.    The  farce 


468 


THIRTY  YEARS'  VIEW, 


ill!: 


% .  km  ' '  ^'    :^ 

Sir      . "  M      5^    r 

J   .^11 


could  not  be  played  in  tn^.  vown.  The  actors 
would  not  mount  the  stage. 

Mr.  B.  spoke  of  the  circulation  of  the  Bank 
of  the  United  States,  and  said  that  its  notes 
might  be  withdrawn  without  being  felt  oi  known 
by  the  community.  It  contributed  but  four 
millions  and  a  quarter  to  tho  circulation  at  this 
time.  He  verified  this  statement  by  showing 
that  the  bank  had  twelve  millions  and  a  quarter 
of  .specie  in  its  vaults,  and  but  sixteen  millions 
and  a  half  of  notes  in  circulation.  The  differ- 
ence was  for.r  millions  and  a  quarter ;  and  that 
was  the  precise  amount  which  that  gigantic  in- 
stitution now  contributed  to  the  circulation  of 
the  country !  Only  four  millions  and  a  quarter. 
If  the  gold  bill  passed,  and  raised  gold  sixteen 
to  one,  there  would  be  more  than  that  amount 
of  gold  in  circ'.'ation  in  three  months.  The  fo- 
reign coin  bill,  and  the  gold  bill,  would  give  the 
country  many  dollars  in  specie,  without  interest, 
for  each  paper  dollar  which  the  bank  issues,  and 
for  which  the  country  pays  so  dearly.  The  dis- 
solution of  the  bank  would  turn  out  twelve 
millions  and  a  quarter  of  specie,  to  circulate 
among  the  people ;  and  the  sooner  that  is  done 
the  butter  it  will  be  for  the  country. 

The  Bank  is  now  a  nuisance,  said  Mr.  B.  "With 
upwards  of  twelve  millions  in  specie,  and  less 
than  seventeen  millions  in  circulation,  and  only 
fifty-two  millions  of  loans,  it  pretends  that  it 
cannot  lend  a  dollar,  not  even  to  business  men, 
to  be  returned  in  sixty  days ;  when,  two  years 
ago,  with  only  six  nillions  of  specie  and  twentj'- 
two  millions  of  circulation,  it  ran  up  its  loans 
to  seventy  millions.  The  president  of  the  bank 
then  swore,  that  all  above  six  millions  of  specie 
was  a  surplus  :  How  is  it  now,  with  near  dou- 
ble as  much  specie,  and  five  millions  less  of  notes 
out,  and  twelve  millions  less  of  debt?  The 
bank  needs  less  specie  than  any  other  banking 
institution,  because  its  notes  are  receivable,  by 
law,  in  all  federal  payments ;  and  from  that  cir- 
curn55tance  alone  would  be  current,  at  par,  al- 
though the  bank  itself  might  be  wholly  unable 
to  redeem  them.  Such  a  bank  is  a  nuisance. 
It  is  the  dog  in  the  manger.  It  might  lend 
money  to  business  men,  at  short  dates,  to  the 
last  day  of  its  existence ;  yet  the  signs  are  for  a 
new  pressure ;  a  new  game  of  distress  for  the  fall 
elections  in  Pennsylvania,  New- York,  and  Ohio. 
If  that  game  should  be  attempted,  Mr.  B.  said, 
it  would  have  to  be  done  withou    excuse,  for 


the  bank  was  full  of  money ;  v^'ithout  pretext, 
for  the  deposit  farce  is  over;  without  the  aid 
of  panic  speeches,  for  the  Senate  will  not  be  in 
session. 

Mr.  B.  said,  that  among  the  strange  events 
which  took  place  in  this  world,  nothing  could 
be  more  strange  than  to  find,  in  our  own  coun- 
try, and  in  the  nineteenth  century,  any  practi- 
cal illustration  of  the  ancient  doctrine  of  tlio 
metempsychosis.  Stranger  still,  if  that  doctrine 
should  be  so  far  improved,  as  to  take  effect  in 
soulless  bodies ;  for,  according  to  the  founders 
of  the  doctrine,  the  soul  alone  could  transmi- 
grate. Now,  corporations  had  no  souls;  that 
was  law,  laid  down  by  all  the  books :  that  all 
corporations,  moneyed  ones  especially,  and  above 
all,  the  Bank  of  the  United  States,  was  most 
soulless.  Yet  the  rumor  was,  that  this  bank 
intended  to  attempt  the  operation  of  effecting  a 
transfer  of  her  soul ;  and  after  submitting  to 
death  in  her  present  form,  to  rise  up  in  a  new 
one.  Mr.  B.  said  he,  for  one,  should  be  ready 
for  the  old  sinner,  come  in  the  body  of  what 
beast  it  might.  No  form  should  •  deceive  him, 
nou  even  if  it  condescended,  in  its  new  shajje,  to 
issue  from  Wall-street  instead  of  Chestnut ! 

A  word  more,  and  Mr.  B.  was  done.  It  was 
a  word  to  those  gentlemen  whose  declarations, 
many  ten  thousand  times  issued  from  this  floor, 
had  deluded  a  hundred  thousand  people  to  send 
memorials  here,  certifying  what  those  gentle- 
men so  incontinently  repeated,  that  the  removal 
of  the  deposits  had  made  the  distress,  and  no- 
thing but  the  restoration  of  the  deposits,  or  the 
renewal  of  the  charter,  could  remove  the  distress ! 
Well!  the  deposits  are  not  restored,  and  the 
charter  is  not  renewed ;  and  yet  the  di  tress  is 
gone !  What  is  the  inference  ?  Why  that  gen- 
tlemen are  convicted,  and  condemned,  upon  their 
own  argument !  They  leave  this  chamber  to  go 
home,  self-convicted  upon  the  very  test  whicli 
they  themselves  have  established ;  and  after  liav 
ing  declared,  for  six  months,  upon  this  floor, 
that  the  removal  of  the  deposits  made  the  dis 
tress,  and  nothing  but  their  restoration,  or  the 
renewal  of  the  bank  charter,  could  relieve  it, 
and  that  they  would  sit  here  until  the  dog-days, 
and  the  winter  solstice,  to  effect  this  restoration 
or  renewal :  they  now  go  home  in  good  time  for 
harvest,  without  effecting  the  restoration  or  the 
renewal ;  and  find  every  where,  as  they  go  the 
evidences  of  the  highest  prosperity  which  ever 


r  money;  v4-ithout  pretext, 
J  is  over;  without  the  aid 
p  the  Senate  will  not  be  iu 

among  the  strange  events 
this  world,  nothing  could 
n  to  find,  in  our  own  coun- 
eenth  century,  any  practi- 
he  ancient  doctrine  of  tlio 
tranger  still,  if  that  doctrino 
Toved,  as  to  take  effect  in 
according  to  the  founders 
soul  alone  could  transmi- 
•ations  had  no  souls ;  that 
by  all  the  books:  that  all 
jd  ones  especially,  and  above 
!  United  States,  was  most 
umor  was,  that  this  bank 
the  operation  of  effecting  a 
1 ;  and  after  submitting  to 
form,  to  rise  up  in  a  new 
!,  for  one,  should  be  ready 
:ome  in  the  body  of  what 
I  form  should  deceive  him, 
iccnded,  in  its  new  sha])e,  to 
let  instead  of  Chestnut ! 
I  Mr.  B.  was  done.    It  was 
tlemen  whose  declarations, 
times  issued  from  this  floor, 
ed  thousand  people  to  .<-end 
tifying  what  those  gentle- 
repeated,  that  the  removal 
made  the  distress,  and  iio- 
xtion  of  the  deposits,  or  tlie 
r,  could  remove  the  distress ! 
are  not  restored,  and  the 
jd  ;  and  yet  the  di  tress  is 
inference  ?    Why  that  gen- 
and  condemned,  upon  their 
;y  leave  this  chamber  to  go 
upon  the  very  test  which 
3  established ;  and  after  hav 
:  months,  upon  this  floor, 
the  deposits  made  the  dis 
their  restoration,  or  the 
charter,  could  relieve  it, 
sit  here  until  the  dog-days, 
;e,  to  effect  this  restoration 
7  go  home  in  good  time  for 
ting  the  restoration  or  the 
ery  where,  as  they  go  tho 
best  prosperity  which  ever 


AXN^O  1834.    ANDREW  JACKSON,  PRESIDENT. 


469 


blessed  the  land.  Yes  !  repeated  and  exclaimed 
>Ir.  B.  with  great  emphasis,  the  deposits  are 
not  restored — the  charter  is  not  renewed — the 
distress  is  gone — and  the  distress  speeches  have 
ceased !  No  more  lamentation  over  the  desola- 
tion of  the  land  now;  and  a  gentleman  who 
Fhould  undertake  to  entertain  the  Senate  again 
in  that  vein,  in  the  face  of  the  present  national 
piosperity — in  the  face  of  the  present  report 
from  the  Secretary  of  the  Treasury — would  be 
stared  at,  as  the  Trojans  were  accustomed  to 
stare  at  the  frantic  exhibitions  of  Priam's  dis- 
tracted daughter,  while  vaticinating  the  down- 
fall of  Troy  in  the  midst  of  the  heroic  exploits 
of  Hector. 

At  the  conclusion  of  this  speech  Mr.  Webster 
spoke  a  few  words,  signifying  that  foreigners 
might  have  made  the  importations  which  kept 
up  the  revenue ;  and  Mr.  Chambers,  of  Mary- 
land, spoke  more  fully,  to  show  that  there  was 
not  time  yet  for  the  distress  to  work  its  effect 
nationally.  Mr.  Webster  then  varied  his  motion, 
and,  instead  of  sending  the  Secretary's  report  to 
tho  Finance  Committee,  moved  to  lay  it  upon  the 
table :  which  was  done  :  and  being  printed,  and 
passed  into  tho  newspapers,  with  the  speech  to 
emblazon  it,  hivd  a  great  effect  in  bringing  the 
panic  to  a  close. 


CHAPTER    CVIII. 

EEVIVAL  OF  THE  GOLD  CUEEENCT. 

A  MEASURE  of  relief  was  now  at  hand,  before 
which  the  machinery  of  distress  was  to  balk, 
and  cease  its  long  and  cruel  labors  :  it  was  the 
passage  of  the  bill  for  equalizing  the  value  of 
gold  and  silver,  and  legalizing  the  tender  of 
foreign  coins  of  both  metals.  The  bills  were 
brought  forward  in  the  House  by  Mr.  Campbell 
P.  White  of  New- York,  and  passed  after  an  ani- 
mated contest,  in  which  the  chief  question  waa 
as  to  the  true  relative  value  of  the  two  mf^tals, 
varied  by  some  into  a  preference  for  national 
bank  paper.  Fifteen  and  five-eighths  to  one  was 
the  ratio  of  nearly  all  who  seemed  best  calcula- 
ted, from  their  pursuits,  to  understand  the  sub- 
ject. The  thick  array  of  speakers  was  on  that 
side;  and  the  eighteen  banks  of  the  city  of 
New- York,  with  Mr.  Gallatin  at  their  head,  fa- 


vored that  proportion.  The  diflBculty  of  adjust 
ing  this  value,  so  that  neither  metal  should  ex- 
pel the  other,  had  been  the  stumbling  block  for 
a  great  many  years;  and  now  this  difficulty 
seemed  to  be  as  formidable  as  ever.  Refined 
calculations  were  gone  into :  scientific  light  'raa 
sought:  history  was  rummaged  back  to  the 
times  of  the  Roman  empire :  and  there  seemi'd 
to  be  no  way  of  getting  to  a  concord  of  opinion 
either  from  the  lights  of  science,  the  voice  of  his- 
tory, or  the  result  of  calculations.  The  author 
of  this  View  had  (in  his  speeches  on  the  sub- 
ject), taken  up  the  question  in  a  practical  point 
of  view,  regardless  of  history,  and  calculations, 
and  the  opinions  of  bank  officers ;  and  looking 
to  the  actual,  and  equal,  circulation  of  the  two 
metals  in  different  countries,  he  saw  that  this 
equality  and  actualit}'  of  circulation  had  existed 
for  above  three  hundred  years  in  the  Sjianish 
dominions  of  Mexico  and  South  America,  where 
the  proportion  was  IG  to  one.  Taking  his  stand 
upon  this  single  fact,  as  the  practical  test  which 
solved  the  question,  all  the  real  fViends  of  the 
gold  currency  soon  rallied  to  it.  Mr.  White 
gave  up  the  bill  which  he  had  first  introduced, 
and  adopted  the  Spanish  ratio.  Mr.  Clowncy 
of  South  Carolina,  Mr.  Gillet  and  Mr.  Canibre- 
leng  of  New- York,  Mr.  Ewing  of  Indiana,  Mr. 
McKim  of  Maryland,  and  other  speakers,  gave  it 
a  warm  support.  Mr.  John  Quincy  Adams 
would  vote  for  it,  though  he  thought  the  gold 
was  over-valued ;  but  if  found  to  be  so,  the  dif- 
ference could  be  corrected  hereafter.  The  prin- 
cipal speakers  against  it  and  in  favor  of  a  lower 
rate,  were  Messrs.  Gorham  of  Massachusetts ; 
Selden  of  New- York;  Binney  of  Pennsylvania; 
and  Wilde  of  Georgia.  And,  eventually  the  bill 
was  passed  by  a  large  majority — 145  to  36.  In 
the  Senate  it  had  an  easy  passage.  Mr.  Calhoun 
and  Webster  supported  it :  Mr.  Clay  opposed  it: 
and  on  the  final  vote  there  were  but  seven  neg- 
atives :  Messrs.  Chambers  of  Maryland ;  Clay ; 
Knight  of  Rhode  Island ;  Alexander  Porte  of 
Louisiana;  Silsbee  of  Massachusetts;  Southard 
of  New  Jersey ;  Sprague  of  Maine. 

The  good  effects  of  the  bill  were  immediately 
seen.  Gold  began  to  flow  into  the  country 
through  all  the  channels  of  commerce :  old  chests 
gave  up  their  hordes :  the  mint  was  busy  :  and 
in  a  few  months,  and  as  if  by  magic,  a  currency 
banished  from  the  country  for  thirty  years, 
overspr  ad  the  land,  and  gave  joy  and  coufldcncd 


n 


lii;iii 


n 


ift  'itii., 


m 


*'     yt 


I  If 


-J     ' 


»M 


'     ^ 


470 


THIRTY  TEARS'  VIEW. 


to  all  the  pursuits  of  industry.  But  this  joy 
was  not  universal.  A  large  interest  connected 
with  the  Bank  of  the  United  States,  and  its  sub- 
sidiary and  subaltern  institutions,  and  the  whole 
paper  system,  vehemently  opposed  it;  and 
spared  neither  pains  nor  expense  to  check  its 
circulation,  and  to  bring  odium  upon  its  sup- 
porters People  were  alarmed  with  counterfeits. 
Gilt  coimters  were  exhibited  in  the  markets,  to 
alarm  the  ignorant.  The  coin  itself  was  bur- 
lesqued, in  mock  imitations  of  brass  or  copper, 
with  grotesque  figures,  and  ludicrous  inscriptions 
— the  "whole  hog"  and  the  "better  currency," 
being  the  favorite  devices.  Many  newspapers 
expended  their  daily  wit  in  its  stale  depreciation. 
The  most  exalted  of  the  paper  money  party, 
would  recoil  a  step  when  it  was  oflTercd  to  them, 
and  beg  for  paper.  The  name  of  "  Gold  humbug" 
was  fastened  upon  the  person  supposed  to  have 
been  chiefly  instrumental  in  bringing  the  derided 
coin  into  existence ;  and  he,  not  to  be  abashed, 
made  its  eulogy  a  standing  theme — vaunting  its 
excellence,  boasting  its  coming  abundance,  to 
spread  over  the  land,  flow  up  the  Mississippi,  shine 
through  the  interstices  of  the  long  silken  purse, 
and  to  be  locked  up  safely  in  the  farmer's  trusty 
oaken  chest.  For  a  year  there  was  a  real  war 
of  the  paper  against  gold.  But  there  was  some- 
thing that  was  an  overmatch  for  the  arts,  or 
power,  of  the  paper  system  in  this  particular, 
and  which  needed  no  persuasions  to  guide  it 
when  it  had  its  choice:  it  was  the  instinctive 
feeling  of  the  masses !  which  told  them  that 
money  which  would  jingle  in  the  pocket  was  the 
right  money  for  them — that  hard  money  was  the 
right  money  for  hard  hands — that  gold  was  the 
true  currency  for  every  man  that  had  any  thing 
true  to  give  for  it,  either  in  labor  or  property: 
and  upon  these  instinctive  feelings  gold  became 
the  avidious  demand  of  the  vast  operative  and 
producing  classes. 


CHAPTER    CIX. 

REJECTION  OF  ME.  TANEY,  NOMINATED  FOR 
BECRETARY  OF  THE  TREASURY. 

A  PRESENTTMKNT  of  what  was  to  happen  in- 
duced the  I 'resident  to  delay,  until  near  the  end 
of  the  session,  the  nomination  to  the  Senate  of 


Mr.  Taney  for  Secretary  of  the  Treasury.  He 
had  offended  the  Bank  of  the  United  States  too 
much  to  expect  his  confirmation  in  the  present 
temper  of  the  Senate.  He  had  a  right  to  hold 
back  the  nomination  to  the  last  day  of  the  ses- 
sion, as  the  recess  appointment  was  valid  to  its 
end ;  and  he  retained  it  to  the  last  week,  not 
being  willing  to  lose  the  able  and  faithful  ser- 
vices of  that  gentleman  during  the  actual  ses- 
sion of  Congress.  At  last,  on  the  23d  of  June, 
the  nomination  was  sent  in,  and  immediately  re- 
jected by  the  usual  majority  in  all  cases  in 
which  the  bank  was  concerned.  Mr.  Taney, 
the  same  day  resigned  his  place  ;  and  Mr. 
McClintock  Young,  first  clerk  of  the  treasury, 
remained  by  law  acting  Secretary.  Mr.  Benja- 
min Franklin  Butler,  of  New- York,  nominated 
for  the  place  of  attorney-general,  was  confirmed 
— he  having  done  nothing  since  he  came  into 
the  cabinet  to  subject  him  to  the  fate  of  liis 
predecessor,  though  fully  concurring  with  the 
President  in  all  his  measures  in  relation  to  the 
bank. 


CHAPTER    ex. 

SENATORIAL  INVESTIGATION  OF  THE  BANK  OP 
THE  UNITED  STATE3. 

This  corporation  had  lost  so  much  ground  in 
the  public  estimation,  by  repulsing  the  investi- 
gation attempted  by  the  House  of  Representa- 
tives, that  it  became  necessary  to  retrieve  tlic 
loss  by  some  report  in  its  fiivor.  The  fricnils 
of  the  institution  determined,  therefore,  to  have 
an  investigation  made  by  the  Senate— by  the  Fi- 
nance Committee  of  that  body.  In  conformity 
to  this  determination  Mr.  Southard,  on  the  last 
day  of  the  session  moved  that  that  committee 
should  have  leave  to  sit  during  the  recess  of  tho 
Senate  to  inquire  whether  the  Bank  of  the  Uni- 
ted States  had  violated  its  charter — whether  it 
was  a  safe  depository  of  the  public  moneys— 
and  what  had  been  its  conduct  since  1832  in  re- 
gard to  extension  and  curtailment  ol  loans,  and 
its  general  management  since  that  time.  Tlie 
committee  to  whom  this  investigation  was  com- 
mitted, consisted  of  Messrs.  "Webster,  Tyler, 
Ewing,  Mangum,  and  Wilkins.  Of  this  com- 
mittee all,  except  the  last  named,  were  the  op- 
ponents of  the  administration,  friends  of  tho 


^.1        '{ 


t 


ANNO  1834.    ANDREW  JACKSON,  PRESIDENT. 


471 


;tary  of  the  Treasury.  lie 
nk  of  the  United  States  too 
confinnation  in  the  piosent 
c.  He  had  a  right  to  hold 
1  to  the  last  day  of  the  ses- 
ippointment  was  vaUd  to  its 
ed  it  to  the  last  week,  not 
le  the  able  and  faithful  ser- 
man  during  the  actual  ses- 
A.t  last,  on  the  23d  of  Juno, 
sent  in,  and  immediately  re- 
al majority  in  all  cases  in 
as  concerned.  Mr.  Taney, 
gned  his  place  ;  and  Mr. 
first  clerk  of  the  treasury, 
iting  Secretary.  Mr.  Benja- 
er,  of  New- York,  nominated 
)rney-general,  was  confirmed 
nothing  since  he  came  into 
jcct  him  to  the  fate  of  his 
1  fully  concurring  with  the 
3  measures  in  relation  to  the 


PTER    ex. 

ITIOATION  OF  THE  BANK  OF 
NITED  STATES. 

lad  lost  SO  much  ground  in 
jn,  by  repulsing  the  invcsti- 
y  the  House  of  Represcnta- 
le  necessary  to  retrieve  tlic 
t  in  its  favor.    The  friends 
2termined,  therefore,  to  have 
le  by  the  Senate— by  the  Fi- 
r  that  body.     In  conformity 
n  Mr.  Southard,  on  the  last 
moved  that  that  committee 
)  sit  during  the  recess  of  tho 
lether  the  Bank  of  the  Tni- 
ited  its  charter — whether  it 
iry  of  the  public  moneys- 
its  conduct  since  1832  in  re- 
id  curtailment  ol  loans,  and 
ment  since  that  time.    The 
this  investigation  was  com- 
>f  Messrs.  Webster,   Tyler, 
lid  Wilkins.     Of  this  com- 
c  last  named,  were  the  op- 
amistration,  friends  of  tho 


bank,  its  zealous  advocates  in  all  the  questions 
between  it  and  the  government,  speaking  ar- 
dently in  its  favor,  and  voting  with  it  on  all 
questions    during  the  session.      Mr.   Wilkins 
very  properly  refused  to  serve  on  the  commit- 
tee ;  and  Mr.  King  r*"  Alabama,  being  proposed 
in  his  place,  also,  and  with  equal  propriety,  re- 
fused to  serve.    This  act  of  the  Senate  in  thus 
undertaking  to  examine  the  bank  after  a  re- 
pulse of  the  committee  of  the  House  of  Repre- 
sentatives and  still  standing  out  in  contempt  of 
that  House,  and  by  a  committee  so  composed, 
and  so  restricted,  completed  the  measure  of 
mortification  to  all  the  friends  of  the  American 
Senate.    It  was  deemed  a  cruel  wound  given  to 
itself  by  the  Senate.    It  was  a  wrong  thing, 
done  in  a  wrong  way,  and  could  have  no  result 
but  to  lessen  the  dignity  and  respectability  of 
the  Senate.     The  members  of  the  committee 
were  the  advocates  of  the  bank,  and  its  public 
defenders  on  all  the  points  to  be  examined. 
This  was  a  violation  of  parliamentary  law,  as 
well  as  of  the  first  principles  of  decency  and 
propriety — the  whole  of  which  require  crimina- 
tory investigations  to  be  made,  by  those  who 
make  the  accusations.    It  was  to  be  done  in  va- 
cation ;  for  which  purpose  the  committee  was 
to  sit  in  the  recess — a  proceeding  without  pre- 
cedent, without  warrant  from  any  word  in  the 
constitution — and  susceptible  of  the  most  abusc- 
ful  and  factious  use.    The  only  semblance  of 
precedent  for  it  was  the  committee  of  the  House 
in  1824,  on  the  memorial  of  Mr.  Ninian  Ed- 
wards against  Mr.  Crawford  in  that  year ;  but 
that  was  no  warrant  for  this  proceeding.    It 
was  a  mere  authority  to  an  existing  commit- 
tee which  had  gone  through  its  examination, 
and  made  its  report  to  the  House,  to  continue 
its  session  after  tho  House  adjourned  to  take 
the  deposition  of  the  principal  witness,  detained 
by  sickness,  but  on  his  way  to  the  examination. 
This  deposition  tho  committee  were  to  take, 
publish,  and  be  dissolved ;  and  so  it  was  done 
accordingly.    And  even  this  slight  continuation 
of  a  committee  Was  obtained  from  the  House 
with  difficulty,  and  under  the  most  urgent  cir- 
cumstances.   Mr.  Crawford  was  a  candidate  for 
the  presidency ;  the  election  was  to  come  on 
before  Congress  met  again ;  j\Ir.  Edwards  had 
made  criminal  charges  against  him ;  all  the  tes- 
timony had  been  taken,  except  that  of  Mr.  Ed- 
wards himself;  and  he  had  notified  the  com- 


mittee that  he  was  on  his  way  to  appear  befors 
them  in  obedience  to  their  summons.  And  it 
was  under  these  circumstances  that  the  existing 
committee  was  authoj'ii;ed  to  remain  in  ses- 
sion for  his  arrival — to  receive  his  testimony — 
publish  it — and  dissolve.  No  perambulation 
through  the  country — no  indefinite  session — no 
putting  members  upon  Congress  per  dieins  and 
mileage  from  one  session  to  another.  Wrong- 
ful and  abuseful  in  its  creation,  this  periptk- 
tetic  committee  of  the  Senate  was  equally  so 
in  its  composition  and  object.  It  was  composed 
of  the  advocates  of  the  bank,  and  its  object  evi- 
dently was  to  retrieve  for  that  institution  a 
part  of  the  ground  which  it  had  lost ;  and  was 
so  viewed  by  the  community.  The  clear-sight- 
ed masses  saw  nothing  in  it  but  a  contrivance 
to  varnish  the  bank,  and  the  odious  appella- 
tion of  "  wliitewashing  committee"  was  fasten- 
ed upon  it. 


CHAPTER    CXI. 

DOWNFALL  OF  THE   BANK  OF   TUE  UNITED 
STATES. 

When  the  author  of  the  ylineid  had  shown  the 
opening  gradeur  of  Rome,  he  deemed  himself 
justified  in  departing  from  the  chronological 
order  of  events  to  look  ahead,  and  give  a 
glimpse  of  the  dead  Marcellus,  hope  and  heir  of 
the  Augustan  empire ;  in  the  like  manner  the 
writer  of  this  View,  after  having  shown  the 
greatness  of  the  United  States  Bank — exempli- 
fied in  her  capacity  to  have  Jackson  condemned 
— the  government  diiectors  and  a  secretary  of 
the  treasury  rejected — a  committee  of  the  House 
of  Representatives  repulsed — the  country  con- 
vulsed and  agonized — and  to  obtain  from  the  Se- 
nate of  the  United  States  a  committee  to  proceed 
to  tlie  city  of  Philadelphia  to  "  wash  out  its  foul 
linen;" — after  seeing  all  this  and  beholding  the 
greatness  of  the  moneyed  power  at  the  culmina- 
ting point  of  its  domination,  I  feel  justified  in 
looking  ahead  a  few  years  to  see  it  in  its  altered 
phase — in  its  ruined  and  fallen  estate.  And 
this  shall  be  done  in  the  simplest  form  of  ex- 
hibition ;  namely :  by  copying  some  announce- 
ments from  the  Philadelphia  papers  of  the  day. 
Thus:  1.  "Resolved  (by  the  stockholders),  that 


ll-^' 


472 


THIRTY  YEARS'  VIEW. 


[n. 


llf    'A  <'* 


iflfl 


lii      : 


it  is  expedient  for  the  Bank  of  ,e  United  States 
to  malie  a  general  asisigmnent  of  the  real  and 
personal  estate,  goods  and  chattels,  rights  and 
credits,  whatsoever,  and  whcresover,  of  the  said 
corporation,  to  five  persons,  for  the  paj'ment  or 
securing  of  the  debts  of  the  same — agreeably  to 
the  provisions  of  the  acts  of  Assembly  of  this 
commonwealth  (Pennsylvania)."  2.  "It  is 
known  that  measures  have  been  taken  to  rescue 
the  property  of  this  shattered  institution  from 
imi)eiiding  peril,  and  to  recover  as  much  as  pos- 
sible of  those  enormous  bounties  which  it  was 
conceded  had  been  paid  by  its  late  managers  to 
trading  politicians  and  mercenary  publishers  for 
corrupt  services,  rendered  to  it  during  it."»  char- 
ter-seeking and  electioneering  campaigns."  3. 
"  The  amount  of  the  suit  instituted  by  the  Bank 
of  the  United  States  against  Mr.  N.  Biddle  is 
$11,018,000,  paid  out  during  his  administration, 
for  wliich  no  voucliers  can  be  found."  4.  "  The 
United  States  Bank  is  a  perfect  wreck,  and  is 
seemingly  the  prey  of  the  officers  and  their 
friends,  which  are  making  away  with  its  choicest 
assets  by  selling  them  to  each  other,  and  taking 
pay  in  the  depreciated  paper  of  the  South."  5. 
"  Besides  its  own  stock  of  35,000,000,  which  is 
sunk,  the  bank  cai'ries  down  with  it  a  great  many 
other  institutions  and  companies,  involving  a 
loss  of  about  21,000,000  more — making  a  loss 
of  50,000,000 — besides  injuries  to  individuals." 
6.  "  There  is  no  price  for  the  United  States 
Bank  stocL  Some  shares  are  sold,  but  as  lot- 
tery tickets  would  be.  Tlie  mass  of  the  stock- 
holders stand,  and  look  on,  as  paseengers  on  a 
ship  that  is  going  down,  and  from  which  there 
is  no  escape."  7.  "  By  virtue  of  a  writ  of  ven- 
ditioni crponas,  directed  to  the  sheriff  of  tho 
city  and  county  of  Philadelphia,  will  be  exposed 
to  public  sale  to  the  highest  bidder,  on  Friday, 
the  4th  day  of  November  next,  the  marble  house 
and  the  grounds  known  as  the  Bank  of  the 
United  States,  &c."  8.  "  By  virtue  of  a  writ  of 
levari  fiicias^  to  me  directed,  %vill  be  exposed  to 
public  sale  the  estate  known  as  'Andalusia,' 
ninety-nine  and  a  half  acres,  one  of  the  most 
highly  improved  places  in  Philadelphia;  the 
mansion-house,  and  out-houses  and  offices,  all  on 
the  most  splendid  scale ;  the  green-houses,  hot- 
houses, and  conservatories,  extensive  and  useful ; 
taken  as  the  property  of  Nicholas  Biddle."  9. 
•*  To  the  honorable  Court  of  General  Sessions. 
The  grand  jury  for  the  county  of  Philadelphia. 


ivspectfully  submit  to  the  con  it,  on  their  oaths 
and  affirmations,  that  certain  officers  connected 
witli  the  United  States  Bank,  have  been  guilty 
of  a  gross  violation  of  the  law — colluding  to- 
gether to  defraud  those  stockholders  who  had 
tnisted  their  property  to  be  preserved  by  them. 
And  that  there  is  good  ground  to  warrant  a 
prosecution  of  such  persons  for  criminal  offences, 
which  the  grand  jury  do  now  present  to  the 
court,  and  ask  that  the  attorney-general  be  di- 
rected to  send  up  for  the  action  of  the  grand 
jury,  bills  of  indictment  against  Nichf'las  Biddle. 
Samuel  Jaudon,  John  Andrews,  and  others,  to 
the  gi-and  jury  unknown,  for  a  conspiracy  to 
defraud  the  stockholders  in  the  Bank  of  the 
United  States  of  the  sums  of,  &c."  10.  Bills  of 
indictment  have  been  found  against  Nicholas 
Biddle,  Samuel  Jaudon  and  John  Andrews,  ac- 
cording to  the  presentment  of  the  grand  jury ; 
and  bench  warrants  issued,  which  have  been 
executed  upon  them."  11.  "Examination  of 
Nicholas  Biddle,  and  others,  before  Recorder 
Vaux.  Yesterday  afternoon  the  crowd  and 
excitement  in  and  about  the  court-room  where 
the  examination  was  to  take  place  was  even 
greater  than  the  day  before.  The  court-room 
doors  were  kept  closed  up  to  within  a  few  min- 
utes of  four  o'clock,  the  crowd  outside  blocking 
up  every  avenue  leading  to  the  room.  "Wlicn 
the  doors  were  thrown  open  it  was  immediately 
filled  to  overflowing.  At  four  tlie  Recorder 
took  his  .seat,  and  announcing  that  he  was  ready 
to  proceed,  the  defendants  were  called,  and  sev- 
erally answered  to  their  names,  &c."  12.  "On 
Tucsdaj',  the  18th,  the  examination  of  Nicholas 
Biddle  and  others,  was  continued,  and  conclud- 
ed ;  and  the  Recorder  ordered,  that  Nicholas 
Biddle,  Thomas  Dunlap,  John  xVndrews,  Samuel 
Jaudon,  and  Joseph  Cowperthwaite,  each  enter 
into  a  separate  recognizance,  with  two  or  more 
sufficient  sureties,  in  the  sum  of  $10,000,  for 
their  appearance  at  the  present  session  of  the 
court  of  general  sessions  for  the  city  and  county 
of  Philadelphia,  to  answer  the  crime  of  which 
they  thus  stand  charged."  13.  "  Nicholas  Bid- 
dle and  those  indicted  with  him  have  been  carried 
upon  writs  of  habeas  corpus  before  the  Judges 
Barton,  Conrad,  and  Doran,  and  discharged  from 
the  custody  of  the  sheriff."  14.  "  The  criminal 
proceedings  against  these  former  officers  of  tlie 
Bank  of  the  United  States  have  been  brought  to 
a  dose.    To  get  rid  of  the  charges  against  them 


>„(■ 


ANNO  1834.    ANDREW  JACKSON,  PRESIDENT. 


473 


to  the  comt.  on  their  oaths 

it  certain  oflicers  connected 

te.s  Bank,  have  lieen  guilty 

1  of  the  law — colluding  to- 

lose  stockholders  who  had 

;y  to  be  preserved  by  them. 

50od  ground  to  warrant  a 

)ersons  for  criminal  offences, 

ry  do  now  present  to  the 

the  attorney-general  be  di- 

>r  the  action  of  the  grand 

ent  against  Nicholas  Biddle, 

n  Andrews,  and  others,  to 

inown,  for  a  conspiracy  to 

olders  in  the  Bank  of  the 

sums  of,  &c."    10.  Bills  of 

en  found  against  Nicholas 

Ion  and  John  Andrews,  ac- 

(ntment  of  the  grand  jury ; 

3  issued,  which  have  been 

n."    11.  "Examination  of 

id  others,  before  Recorder 

afternoon   the   crowd  and 

30ut  the  court-room  whore 

IS  to  take  place  was  even 

y  before.     The  court-room 

ied  up  to  within  a  few  min- 

the  crowd  outside  blocking 

ding  to  the  room,     "When 

wn  open  it  was  immediately 

At  four  the  Recorder 

nouncing  that  he  was  ready 

dants  were  called,  and  sev- 

leir  names,  &c."    12.  "On 

le  examination  of  Nicholas 

as  continued,  and  conclud- 

cr  ordered,  that  Nicholas 

ap,  John  Andrews,  Samuel 

Cowpcrthwaite,  each  enter 

nizance,  with  two  or  more 

the  sum  of  $10,00(1,  for 

the  present  session  of  the 

ons  for  the  city  and  county 

nswer  the  crime  of  which 

ged."    13.  "  Nicholas  Bid- 

with  him  have  been  carried 

'  corpus  before  the  Judges 

)oran,  and  discharged  from 

riff."     14.  "  The  criminal 

hese  former  officers  of  the 

tates  have  been  brought  to 

f  the  charges  against  them 


without  trial  of  the  facts  against  them,  before  a 
jury,  they  had  themselves  surrendered  by  their 
bail,  and  sued  out  writs  of  habeas  corpus  for 
the  release  of  their  persons.  The  opinions  of 
the  judges,  the  proceedings  having  been  con- 
cluded, were  delivered  j'esterday.  The  opinions 
of  Judges  Barton  and  Conrad  was  for  their  dis- 
charge ;  that  of  Judge  Doran  was  unfavorable. 
They  were  accordinglj'  discharged.  The  indig- 
nation of  the  community  is  intense  against  this 
escape  from  the  indictments  without  jury  trials." 


CHAPTER    CXII. 

DEATH  OF  JOHN  RANDOLPH,  OF  EOANOAKE. 

He  died  at  Philadelphia  in  the  summer  of  1833 
— the  scene  of  his  early  and  brilliant  apparition 
on  the  stage  of  public  life,  having  commenced 
his  parliamentary  career  in  that  city,  under  the 
first  Mr.  Adams,  when  Congress  sat  there,  and 
when  he  was  barely  of  an  age  to  be  admitted 
into  the  body.  For  more  than  thirty  years  he 
was  the  political  meteor  of  Congress,  blazing 
with  undiminished  splendor  during  the  whole 
time,  and  often  appearing  as  the  "planetary 
plague  "  which  shed,  not  war  and  pestilence  on 
nations,  but  agony  and  fear  on  members.  His 
sarcasm  was  keen,  refiined,  withering — with  a 
great  tendency  to  indulge  in  it ;  but,  as  he  be- 
lieved, as  a  lawful  parliamentary  weapon  to  effect 
some  desirable  purpose.  Pretension,  meanness, 
vice,  demagogism,  were  the  frequent  subjects  of 
the  exercise  of  his  talent ;  and,  when  confined  to 
them,  he  was  the  benefactor  of  the  House.  Wit 
and  genius  all  allowed  him ;  sagacity  was  a 
quality  of  his  mind  visible  to  all  observers — and 
which  gave  him  an  intuitive  insight  into  the 
effect  of  measures.  During  the  first  six  years 
of  Mr.  Jetl'er.-on's  administration,  he  was  the 
"Murat"  of  his  party,  brilliant  iu  the  charge, 
and  always  ready  for  it;  and  valued  in  the 
council,  as  well  as  in  the  field.  He  was  long 
the  chairman  of  the  Committee  of  Ways  and 
Jleans — a  place  always  of  labor  and  responsi- 
bility, and  of  more  then  than  now,  when  the 
elements  of  revenue  were  less  abundant ;  and 
no  man  could  have  been  placed  in  that  situation 
during  Mr.  Jefferson's  time  whose  known  saga- 


city was  not  a  pledge  for  the  safety  of  bis  lead 
in  the  most  sudden  and  critical  circumstances. 
He  was  one  of  those  whom  that  eminent  states- 
man habitually  consulted  during  the  period  of 
their  friendship,  and  to  whom  he  carefully  com- 
municated his  plans  before  they  were  given  to 
the  public.  On  his  arrival  at  Washington  at 
the  opening  of  each  session  of  Congress  during 
this  period,  he  regularly  found  waiting  for  him 
at  his  established  lodgings — then  Crawford's, 
Georgetown — the  card  of  Mr.  Jefferson,  with  an 
invitation  for  dinner  the  next  day  ;  a  dinner  at 
which  the  leading  measures  of  the  ensuing  ses- 
sion were  the  principal  topic.  Mr.  Jefferson 
did  not  treat  in  that  way  a  member  in  whose 
sagacity  he  had  not  confidence. 

It  is  not  just  to  judge  such  a  man  by  ordinary 
rules,  nor  by  detached  and  separate  incidents  in 
his  life.  To  comprehend  him,  he  must  be  judged 
as  a  whole — physically  and  mentally — and  un- 
der many  aspects,  and  for  his  entire  life.  He 
was  never  well — a  chronic  victim  of  ill  health 
from  the  cradle  to  the  grave.  A  letter  from  his 
most  intimate  and  valued  friend,  Mr.  Macon, 
written  to  me  after  his  death,  expressed  the  be- 
lief that  he  had  never  enjoj-ed  during  his  life 
one  day  of  perfect  health — such  as  well  people 
enjoy.  Such  life-long  suffering  must  have  its 
effect  on  the  temper  and  on  the  mind ;  and  it 
had  on  his — bringing  the  temper  often  to  the 
querulous  mood,  and  the  state  of  his  mind  some- 
times to  the  question  of  insanity ;  a  question 
which  became  judicial  after  his  death,  when  the 
validity  of  his  will  came  to  be  contested.  I  had 
my  opinion  on  the  point,  and  gave  it  responsibly, 
in  a  deposition  duly  taken,  to  be  read  on  the 
trial  of  the  will ;  and  in  which  a  belief  in  his 
insanitj',  at  several  specified  periods,  was  fully 
expressed — with  the  reasons  for  the  opinion.  1 
had  good  opportunities  of  forming  an  opinion, 
living  in  the  same  house  with  him  several  years, 
having  h;r,  confidence,  and  seeing  him  at  all 
hours  of  the  day  and  night.  It  also  on  several 
occasions  became  my  duty  to  study  the  ques- 
tion, with  a  view  to  govern  my  own  conduct  un- 
der critical  circumstances.  Twice  he  applied  to 
me  to  carry  challenges  for  him.  It  would  have 
been  inhuman  to  have  gone  out  with  a  man  not 
in  his  right  mind,  and  critical  to  one's  self,  as 
any  accident  on  the  giound  might  seriously  com- 
promise the  second.  My  opinion  was  fixed,  of 
occasional  temporary  aberrations  of  mind  j  and 


,^' 


'   I;  V      1      '  '  ! 


J'  Mi^ 


IVl^^i 


nil  A  '   'M.   l\0 


474 


«     THIRTY  YEARS'  VIEW. 


during  such  periods  he  would  do  and  say  strange 
things — iMit  always  in  his  own  way — not  only 
method,  but  genius  in  his  fantasies :  nothing  to 
bespeak  a  bad  heart,  but  only  exaltation  and  ex- 
citement. The  most  brilliant  talk  that  I  ever 
heard  from  him  came  forth  on  such  occasions — 
a  flow  for  hours  (at  one  time  seven  hours),  of 
copious  wit  and  classic  allusion — a  perfect  scat- 
tering of  the  diamonds  6f  the  mind.  I  heard  a 
friend  remark  on  one  of  these  occasions,  "  he  has 
wasted  intellectual  jewelry  enough  here  this 
evening  to  equip  many  speakers  for  great  ora- 
tions." I  onco  sounded  him  on  the  delicate 
point  of  his  own  opinion  of  himself: — of  course 
when  he  was  in  a  perfectly  natural  state,  and 
when  he  had  said  something  to  permit  an  ap- 
proach to  such  a  subject.  It  was  during  his  Ia.st 
visit  to  Washington,  two  winters  before  he  died. 
It  was  in  my  room,  in  the  gloom  of  the  evening 
light,  as  the  day  was  going  out  and  the  lamps 
not  lit — no  one  present  but  ourselves — he  re- 
clining on  a  sofiv,  silent  and  thoughtful,  speak- 
ing but  seldom,  and  I  only  in  reply,  I  heard  him 
repeat,  as  if  to  himself,  those  lines  from  John- 
son, (which  in  fact  I  had  often  heard  from  him 
before),  on  "Senility  and  Imbecilit}',"  which 
show  us  life  under  its  most  melancholy  form. 

"In  life's  last  scenes  wliat  prodigies  surprise, 
Fears  of  the  brave,  and  follies  of  the  wisel 
From  Marlborough's  eyes  the  stroamfl  of  dotage  flow, 
And  Swift  expires,  a  driveller  and  a  show. " 

When  he  had  thus  repeated  these  lines,  which 
he  did  with  deep  feeling,  ai  d  in  slow  and  mea- 
sured cadence,  I  deemed  it  excusable  to  make 
a  remark  of  a  kind  which  I  had  never  ventured 
on  before;  and  said:  Mr.  Randolph  I  have 
several  times  heard  you  repeat  these  lines,  as 
if  they  could  have  an  application  to  yourself, 
while  no  person  can  have  less  reason  to  fear  the 
fat>:  of  Swift.  I  said  this  to  sound  him,  and  to 
see  what  ho  thought  of  himself.  His  answer 
was :  "  I  have  lived  in  dread  of  insanity."  That 
answer  was  the  opening  of  a  sealed  book — re- 
vealed to  me  the  source  of  much  mental  agony 
that  I  had  seen  him  undergo.  I  did  deem  him 
in  danger  of  the  fate  of  Swift,  and  from  the 
same  cause  as  judged  by  his  latest  and  greatest 
biographer,  Sir  Walter  3cott. 

His  parliamentary  life  was  resplendent  in 
talent — elevated  in  moral  tone — always  moving 
on  the  lofty  line  of  honor  and  patriotism,  and 


scorning  every  thing  mean  and  selfish.  lie  wa.s 
the  indignant  enemy  of  personal  and  plunder 
legislation,  and  the  very  scourge  of  intrigue  and 
corruption.  He  reverenced  an  honest  man  in 
the  humblest  garb,  and  scorned  the  dishonest, 
though  plated  with  gold.  An  opinion  was  pro- 
pagated that  he  was  fickle  in  his  friendships. 
Certainly  there  were  some  capricious  changes ; 
but  far  more  instances  of  steadfast  adherence. 
Ilis  friendship  with  Mr.  Macon  was  historic. 
Their  names  went  together  in  life  -live  together 
in  death — and  are  honored  together,  most  by 
those  who  knew  them  best.  AVith  Mr.  Taze- 
well, his  friendship  was  still  longer  than  that 
with  Mr.  Macon,  commencing  in  boyhood,  and 
only  ending  with  life.  So  of  many  others ;  and 
pre-eminently  so  of  his  neighbors  and  constitu- 
ents— the  people  of  his  congressional  district- 
affectionate  as  well  as  faithful  to  him  ;  electing 
him  as  they  did,  from  boyhood  to  the  grave. 
No  one  felt  more  for  friends,  or  was  more  soli- 
citous and  anxious  at  the  side  of  the  sick  and 
dying  bed.  Love  of  wine  was  attributed  to 
him ;  and  what  was  mental  excitement,  was  re- 
ferred to  deep  potations.  It  was  a  great  error. 
I  never  saw  him  affected  by  wine — ^not  even  to 
the  slightest  departure  from  the  habitual  and 
scrupulous  decorum  of  his  manners.  His  tem- 
per was  naturally  gay  and  social,  and  so  in- 
dulged when  suffering  of  mind  and  body  per- 
mitted. He  was  the  charm  of  the  dinner-table, 
where  his  cheerful  and  sparkling  wit  delighted 
every  car,  ht  up  every  countenance,  and  detained 
every  guest.  He  was  charitable ;  but  chose 
to  conceal  the  hand  thtt  ministered  relief.  I 
have  often  seen  him  send  little  children  out  to 
give  to  the  poor. 

He  was  one  of  the  large  slaveholders  of  Vir- 
ginia, but  disliked  the  institution,  and,  when 
let  alone,  opposed  its  extension.  Thus,  in  1803, 
when  as  chairman  of  the  committee  which  re- 
ported upon  the  Indiana  memorial  for  a  tempo- 
rary dispensatior-  from  the  anti-slavery  part  of 
the  ordinance  of  1787,  he  puts  the  question 
upon  a  statesman's  ground ;  and  reports  against 
it,  in  a  brief  and  comprehensive  argument : 

"That  the  rapid  population  of  the  State  of 
Oliio  sufficiently  evinces,  in  the  opinion  ofyoui 
committee,  that  the  labor  of  the  slave  is  not 
necessary  to  promote  the  growth  and  settle- 
ment of  colonies  in  that  region.  That  this  la 
bor,  demonstrably  the  dearest  of  any,  can  only 
be  employed  to  advantage  in  the  cultivation  of 


!„'|l 


mean  and  selfish.    lie  was 
J  of  personal  and  plunder 
cry  scourge  of  intrigue  and 
ercnced  an  honest  man  in 
nd  scoined  the  dishonest, 
;old.    An  opinion  was  pro- 
I  fickle  in  his  friendships. 
!  some  capricious  changes; 
:es  of  steadfast  adherence. 
.  Mr.  Macon  was  hihtoric. 
gethcr  in  life  -live  together 
honored  together,  most  by 
;m  best.    "With  Mr.  Taze- 
was  still  longer  than  that 
nmencing  in  boyhood,  and 
I.     So  of  many  others ;  and 
his  neighbors  and  constitu- 
his  congressional  district- 
as  faithful  to  him  ;  electing 
om  boyhood  to  the  grave. 
r  friends,  or  was  more  soli- 
at  the  side  of  the  sick  and 
of  wine  was  attributed  to 
mental  excitement,  was  re- 
ions.    It  was  a  great  error, 
ectcd  by  wine — not  even  to 
,ure  from  the  habitiial  and 
of  his  manners.     His  tem- 
gay  and  social,  and  so  in- 
ing  of  mind  and  body  pcr- 
charm  of  the  dinner-table, 
md  sparkling  wit  delighted 
countenance,  and  detained 
as  charitable ;  but   chose 
thtt  ministered  relief.    I 
send  little  children  out  to 

large  slaveholders  of  Vir- 
the  institution,  and,  when 

extension.  Thus,  in  1803, 
of  the  committee  which  re- 
iana  memorial  for  a  tenipo- 
jm  the  anti-slavery  part  of 
r87,  he  puts  the  question 
;round ;  and  reports  against 

prehensive  argument : 

copulation  of  the  State  of 
ices,  in  the  opinion  of  your 
J  labor  of  the  slave  is  not 
te  the  growth  and  settle- 
that  region.  That  this  la 
16  dearest  of  any,  can  only 
mtage  in  the  cultivation  of 


ANNO  1834.    ANDREW  JACKSON,  PRESIDENT. 


475 


products  more  valuable  than  any  known  to  that 
quarter  of  the  United  States :  and  tlie  commit- 
tee deem  it  highly  dangerous  and  inexpedient 
to  impair  a  provision  wisely  calculated  to  pro- 
niote  the  happiness  and  pror^perity  of  the  north- 
western country,  and  to  give  strength  and  secu- 
rity to  that  extensive  frontier.  In  the  salutary 
operation  of  this  sagacious  and  benevolent  re- 
Btraint,  it  is  believed  that  the  inhabitants  of 
Indiana  will,  at  no  very  distant  day,  find  ample 
remuneration  for  a  temporary  privation  of  labor 
and  emigration." 

He  was  against  slavery;  and  by  his  will,  both 
manumitted  and  provided  for  the  hundreds 
which  he  held.  But  he  was  against  foreign  in- 
terference with  his  rights,  his  feelings,  or  his 
duties ;  and  never  failed  to  resent  and  rebuke 
such  interference.  Thus,  ho  was  one  of  the 
most  zealous  of  the  opposers  of  the  proposed 
Missouri  restriction;  and  even  voted  against  the 
divisional  line  of  "  thirty-six  thirty."  In  the 
House,  when  the  term  "  slaveholder  "  would  be 
reproachfully  used,  he  would  assume  it,  and  re- 
fer to  a  member,  not  in  the  parliamentary  phrase 
of  colleague,  but  in  the  complimentary  title  of 
"  my  fellow-slaveholder."  And,  in  London,  when 
the  consignees  of  his  tobacco,  and  the  slave  fac- 
tors of  his  father,  urged  him  to  liberate  his 
slaves,  he  quieted  their  intrusive  philanthropy, 
on  the  spot,  by  saying,  "  Yes :  you  buy  and  set 
free  to  the  amount  of  the  money  you  have  receiv- 
ed from  my  father  and  his  estate  for  these  slaves, 
and  I  will  set  free  an  equal  number."'' 

In  his  youth  and  later  age,  he  fougi.;  duels: 
in  his  middle  life,  he  was  against  them ;  and, 
for  a  while,  would  neither  give  nor  receive  a 
challenge.  He  was  under  religious  convictions 
to  the  contrary,  but  finally  yielded  (as  he  be- 
lieved) to  an  argument  of  his  own,  that  a  duel 
was  private  war,  and  rested  upon  tho  same 
basis  as  public  war  ;  and  that  both  were  allow- 
able, when  there  was  no  other  redress  for  in- 
sults and  injuries.  That  was  his  argument; 
but  I  thought  his  relapse  came  more  from  feel- 
ing than  reason ;  and  especially  from  the  death 
of  Decatur,  to  whom  he  was  greatly  attached, 
and  whose  duel  with  Barron  long  and  greatly 
excited  him.  He  had  religious  impressions,  and 
a  vein  of  piety  which  showed  itself  more  in  pri- 
vate than  in  external  observances.  He  was  ha- 
bitual in  his  reverential  regard  for  the  divinity 
of  our  religion ;  and  one  of  his  beautiful  expres- 
sions was,  that,  "  If  woman  had  lost  us  para- 
dise, she  had  gained  us  hea.-en."    The  Bible 


and  Shakespeare  were,  in  his  latter  years,  hia 
constant  companions — travelling  with  him  on 
the  road — remaining  with  him  in  the  chamber. 
The  last  time  I  saw  him  (in  that  lust  visit  to 
Washington,  after  his  return  from  the  Kussian 
mission,  and  when  he  was  in  full  view  of  death), 
I  heard  him  read  the  chapter  in  the  Revelations 
(of  the  opening  of  the  seals),  with  such  pow- 
er and  beauty  of  voice  and  deliverj-,  and  such 
depth  of  pathos,  that  I  felt  as  if  I  had  never 
heard  the  chapter  read  befon  .    When  he  had 
got  to  the  end  of  the  opening  of  the  sixth  seal, 
he  stopped  the  reading,  laid  the  book  (open  at 
the  place)  on  his  breast,  as  he  lay  on  his  bed, 
and  began  a  discourse  upon  the  beauty  and 
sublimity  of  the  Scriptural  writings,  compared 
to  which  he  considered  all  human  compositions 
vain  and  empty.     Going  over  the  images  pre- 
sented by  the  opening  of  the  seals,  he  averred 
that  their  divinity  was  in  their  sublimity — that 
no  human  power  could  take  the  same  images, 
and  inspire  the  same  awe  and  terror,  and  sink 
ourselves  into  such  nothingness  in  the  presence 
of  the  "  wrath  of  the  Lamb  " — that  he  wanted 
no  proof  of  their  divine  origin  but  the  sublime 
feelings  which  they  inspired. 


CHAPTER    CXIII. 

DEATH  OF  ME.  WIUT. 

He  died  at  the  age  of  sixty-two,  after  having 
reached  a  place  in  the  first  line  at  the  Virginia 
bar,  where  there  were  such  lawyers  as  "Wick- 
ham,  Tazewell,  Watkins  Leigh ;  and  a  place  in 
the  ft'ont  rank  of  the  bar  of  the  Supreme  Court, 
where  there  were  such  jurists  as  Webster  and 
Pinkney;  and  after  having  attained  the  high 
honor  of  professional  preferment  in  the  appoint- 
ment of  Attorney  General  of  the  United  States 
under  the  administration  of  Mr.  Monroe.  His 
life  contains  instructive  lessons.  Born  to  no 
advantages  ?f  wealth  or  position,  he  raisna  him- 
self to  wha^  he  became  by  his  own  exertions. 
In  danger  of  falling  into  a  fatal  habit  in  early 
life,  he  retrieved  himself  (touched  by  the  noblo 
generosity  of  her  who  afterwards  became  his 
admired  and  beloved  wife),  from  the  brink  of 
the  abyss,  and  became  the  model  of  every  do- 
mestic virtue;  with  genius  to  shiu«  without 


47() 


TinilTY  YKARS'  VIF,W. 


h 


,t  . 


*«' 


la1)i>r,  lu'  yot  consiilcrod  pcnius  notliinp;  without 
Iiilxu',  mill  gnvr  through  lifo  ii  litborious  iiiiplica- 
tioii  to  tlu'  study  of  tlie  law  n8  a  scu'ikv,  and  to 
onch  iiartioular  oaso  in  whicli  ho  was  ivor  ini- 
lijoyi'd.  Tho  olif^nut  jMirsuits  of  liti'raturi"  of- 
o\i|)iod  tho  niouu'uts  takon  fituu  jirofosnional 
studios  and  Inlxu's.  and  j;avo  to  tho  loadiun  |)nl>- 
lio  sovoral  admired  productinns,  of  which  tho 
lonp-dosirod  and  hoautiful  ''l.ifo  of  Patriok 
Honry,"  was  tho  most  ooufiidoraMo  :  a  jjraloful 
coiniuomoration  of  Viiginia's  groatost  oratof, 
Avhioli  has  hoon  justly  irpaid  to  ono  of  hor  lirst 
class  orators,  bv  Mr.  Koiinodv  of  Maryland,  in 
hi-i  olassio  "  Lifo  of  William  Wirt."  How  (jrato- 
ful  tt)  soo  oitizons,  thus  ougapod  in  laborious 
profossions,  snatohinu  monionts  from  thoir  daily 
labors  to  do  Jiislioo  to  tho  illustrious  doad — to 
onlighton  postority  by  thoir  history,  and  on- 
oonrago  it  by  thoir  oxaniplo.  Worthy  of  his 
political  and  litorary  ominonco,  and  its  most 
shininjr  and  orowuiug  ornamont,  was  tho  stato 
of  his  doniostio  relations — iwomplar}-  in  ovory 
thiup:  that  gives  joy  and  docornm  to  tho  pruuto 
family,  and  rowardo<l  with  ovory  blossing  which 
could  result  fron\  such  relations.  Hut,  why  use 
this  fooble  pen.  when  (ho  voice  of  Webster  is  at 
liauil  ?  Mr.  Wirt  died  during  the  term  of  the 
Supreme  Court  liis  revered  iViond,  tho  Chief 
Justice  Marshall,  still  living  to  preside,  and  to 
give,  in  toucliing  language,  the  order  to  spread 
the  proceedings  of  the  bar  (in  relation  to  his 
death)  \ipon  tho  records  of  the  court.  At  the 
bar  meeting,  which  adopted  these  proceedings, 
Mr.  Webster  thus  paid  tl  tribute  of  justice  and 
alVection  to  one  with  whom  professional  rivalry 
liad  boon  the  source  and  cenieiit  of  personal 
fcieudship : 

"It  is  announced  to  us  that  ono  of  tho  oldest, 
one  of  the  ablest.  (Uie  of  the  most  distinguished 
n\ombors  of  this  bar,  has  departed  this  mortal  life. 
"William  Wirt  is  no  more!  He  has  this  day  dosed 
aprolessioual  career,  among  the  longest  and  the 
most  brilliant,  which  tho  distinguislied  members 
of  tho  profession  iu  tiio  United  States  have  at 
any  time  accomi>lishod.  I'nsullied  in  every 
thing  which  iv;iards  professional  honor  and  in- 
tegrity, patient  of  laboi.and  rich  in  those  stores 
of  learning,  which  are  tho  reward  of  patient 
labor  and  patient  labor  only  ;  and  if  equalled. 
yet  certainly  allowed  not  to  bo  excelled,  in  fer- 
vent, animated  and  persuasive  eloquence,  he  has 
left  an  example  which  those  who  seek  to  raise 
themselves  to  great  heights  of  professional  emi- 
nence, will,  hereafter  emulouslj  st'tdy.    For- 


tunate, indeed,  will  ho  tho  few,  whoKhnll  iinitato 
it  suocossfully  ! 

"  As  a  public  num,  it  is  not  our  peculiar  duty 
to  speak  of  Mr.  Wirt  hero.  IMh  character  in 
that  respect  belongs  to  his  country,  und  to 
the  liistory  of  his  coimtry.  And.  sir,  if  «i> 
wore  to  sj)eak  of  him  iu  his  |irivate  life,  inul 
in  his  social  relations,  all  wo  co!d<i  possibly  sav 
of  his  urbanity,  his  kindiu-.s.s.  tho  faithfuliKss 
of  his  friendships,  and  the  warmth  ot  his  iilUr- 
tions.  would  hardly  seem  sutlirionlly  strmi); 
and  glowing  to  do  him  justice,  in  the  feeling iiiul 
judgment  of  those  who,  separated,  now  foiovi r 
fr(vm  hisombraoos  can  only  enshrine  his  meniorv 
in  their  blooding  hearts.  Nor  may  wo.  sir,  iimiv 
than  allude  to  that  other  relation,  which  lie- 
longod  to  him,  and  belongs  (o  us  all ;  that  lii<;li 
and  paramount  relation,  which  com\ects  nmn 
with  his  Maker  !  It  may  bo  permitted  us,  how- 
ever, to  have  tho  pleasure  of  rooording  his  name, 
as  ono  who  felt  a  deep  sense  of  religious  diitv. 
and  who  placed  all  his  hopes  of  tho  futuro.  in 
the  tr«ith  and  in  tho  doctrines  of  Christianilv, 

"  Hut  our  particular  ties  to  him  woiv  the  tiesof 
our  profiss!(ui.  Ho  was  our  brother,  and  he  was 
our  friend.  With  tah'ntspowei'ful  enough  toex- 
cito  tho  strength  of  theslrongoot.withakindm.-s 
both  of  heart  and  of  niamu<r  capable  of  waruiini; 
an<l  v  inning  the  coldest  of  his  brethren,  ho  luis 
now  I  )mi)loted  tho  term  of  his  professional  lilr, 
and  of  his  earthly  existence,  iu  tho  oujoyimut 
of  the  high  ivspect  and  cordial  ailoclions  of  lu 
all.  liOt  us.  then,  sir,  hsislon  to  pay  to  lii< 
memory  tho  well-des<'rved  tribute  of  t>urreganl. 
Lotus  h)so  no  time  in  te.sti  lying  our  sense  uf 
oiu'  lo«s,  and  in  expressing  t)ur  grief,  that  one 
groat  light  of  our  profession  is  extinguished  for- 


ever 


,. " 


CHAPTER    CXIV. 

Dli.^TII  OK  TIIK  1.,\!<T  ov  TlIK  !:<inNi;i{8  OF  THE 
PKl'LAlJATlON  Ol-  INOKflCNDKNCK. 

On  the  morning  of  July  4th,  182(5 — just  fifty 
years  after  the  event — but  three  of  the  til'ty-,«iix 
members  of  tho  continental  Congress  of  1770 
who  had  signed  the  T^eclaration  of  Indopondcnrc, 
remained  alive ;  on  the  evening  of  that  diiy 
there  remained  but  ono — Charles  Carroll,  of 
Carrollton,  Maryland ;  then  a  full  score  beyond 
the  Psalmist's  limit  of  manly  life,  and  destined 
to  a  further  lease  of  si;;  good  years.  1 1  has  liocn 
remarkcil  of  the  "  signers  of  the  Declaration  " 
that  a  felicitous  existence  seems  to  have  boon 
reserved  for  them  ;  blessed  with  long  life  and 
good  health,  honored  with  the  public  esteem, 


If  ihe  few,  wliohhuU  iniititto 

,  it  \f  not  oiip  iMTulinr  duty 
It    liori>.     1 1  in  tlmrnrttr  in 

UK   to  Ills   coimtry,  uiid  in 
countrv.     And.  sir,  if  wi^ 
liin  ill  ids  |iriviili'  lifi-,  iiml 
iH,  nil  MO  oonld  pKHsildy  Miy 
I  kindiioss,   tlu>  fidthfidiuss 
iid  till'  wiiniitii  of  Ids  idlic- 
y    soi'iii   sntliciriilly  Htnini; 
im Jtistii'o,  ill  tlifftclinfjiiii,! 
wild,  s«'|mriiliMi,  now  forever 
in  only  I'liwhriiu-  ids  nioinory 
arts.    Nor  niny  wo,  sir, imuo 
;  otiior  roliilion,   wldoli  \iv 
liolonn's  to  lis  all ;  tliiit  lii;;h 
liilion,   wliioli  coniuTts  man 
It  limy  lio  iH'iiidttod  iis,  liow- 
I'lisnroof  ivooi'dinn  IiIk  naini\ 
loop  sonso  of  rolij;io\iH  duty, 
his  liopos  of  llio  fiitiiro,  in 
10  doctrinofl  of  Clirislianity, 
lar  f  ios  to  liini  woiv  tlio  tiosof 
'  was  our  brollior,  and  ho  was 
iilontsi>oworfid  onoiiuli  toox- 
thoslroii};o.M,witliaKindiic.-s 
f  niannor  oajiahlo  of  wariiiini; 
ildost  of  his  lirolhron,  ho  has 
torni  of  his  profossioiial  lil'i-, 
oxistoiK'O,  in  tho  onjoyiiiiiit 
and  oordial   ailootions  of  us 
.  sir,   liaston  to   \<ny  to  lii< 
oi-H-rvod  trihnto  of  our  rojranl. 
10  in  tostifyin^;  oiir  .sonso  of 
inossiiifj  t)ur  uriof.  that  one 
lofession  is  extingiiislicd  foi- 


ANNO  1H!II.     ANDUKW  .lACKStJN,  I'UESIDKNT. 


477 


TEll    OXIV. 

?T  OV  TlIK  tHONKUS  (IK  THE 

N  ov  iNi)i;n;Ni>i;NrE. 

July  4tli,  1 82(5— just  fifly 
it — but  throe  of  tlie  iil'ty-six 
ntinental  Coiijircss  of  177G 

Joclaration  of  Indopcndoncc. 

the  evcninp;  of  tliat  day 
,t  one — Cliarlos  Carroll,  of 
id ;  then  a  full  score  beyond 

of  nianlj'  life,  and  destined 
si:c  good  years.  It  liaslieen 
signers  of  the  Doclaration" 

stencc  seems  to  have  been 

blessed  with  long  life  and 
ed  with  the  public  esteem. 


raixod  to  tho  hiKhost  dignities  of  tho  Stales  and 
i,f  llio  fodenil  governnioiit,  happy  in  thoir  i>m- 
tority,  nnd  liitppy  in  tlio  view  of  tho  groat  and 
|iror<|HTOiiH  eoiintry  whieli  thoir  labors  had 
brought  into  existoneo.  Among  these,  so  feli- 
oitiiiis  and  so  illustrious,  he  was  one  of  the  niosl 
nappy,  and  aiiiong  the  most  dlstinguishod.  lie 
cnjiivotl  the  honors  of  his  pure  and  patriot  life 
in  all  thoir  forms ;  iigo,  and  health,  and  mind, 
f(ir  sixtoon  years  beyond  that  foiirseorc  wliieh 
brings  labor  and  sorrow  and  weakness  to  man; 
amiilo  forliino  ;  piiblio  honors  in  tilling  the  higli- 
tvttillioos  of  his  State,  and  a  seat  in  the  Senate 
of  tlio  United  States  ;  private  enjoyment  in  an 
honorable  and  brilliant  posterity.  Korn  to  for- 
tune, and  to  (ho  eare  of  wise  and  good  parents, 
he  had  all  the  advantages  of  edueation  whieli 
tlie  rolloges  of  Kraiioe  and  tho  '•  Inns  of  t'ourt  " 
of  London  could  give.  With  every  thing  to  lose 
in  unsuccessful  robillion,  ho  risked  all  from  the 
first  o|)eiiiiig  of  tho  contest  with  tho  mother 
country:  and  when  ho  walked  up  to  the  secre- 
tary's table  to  sign  the  paper,  which  might 
bifiune  a  death-warrant  to  its  authors,  the  re- 
mark was  made,  "  there  go  some  millions."  And 
his  signing  was  a  privilege  <daiiued  and  granted. 
lie  was  not  present  at  the  declaration.  He  was 
not  even  a  member  of  Congress  on  the  memora- 
ble Fourth  of  July.  He  was  ill  Annapolis  on 
that  day,  a  member  of  the  Maryland  As.sombly, 
and  zealously  cigaged  in  urging  a  revocation  of 
the  instriiclioiiH  which  limited  tho  Maryland 
delegates  in  the  continental  Congress  to  ob- 
taining a  redress  of  grievaiicos  without  breaking 
the  connection  with  the  mother  country.  lie 
sucoeeded — was  appointed  a  delegate — flew  to 
his  post — and  added  his  name  to  tho  patriot  list. 
All  history  tells  of  the  throwing  overboard  of 
tlio  tea  in  Boston  harbor:  it  has  not  boon  ofiiially 
ftttentive  to  the  burning  of  the  tea  in  Anna- 
polis harbor.  It  was  the  summer  of  1774  that 
the  brigantine  "Peggy  Stewart"  approached 
Annapolis  with  a  cargo  of  the  forbidden  loaves  on 
board.  The  jieople  were  in  commotion  at  the 
news.  It  was  an  insult,  and  a  deliance.  Swift 
destruction  was  in  preparation  for  the  vessel : 
instant  chastisenieiit  was  in  search  of  the  owners. 
Terror  seized  them.  'J'hoy  sent  to  Cli.arles  Car- 
roll as  the  only  man  that  could  moderate  the 
fury  of  the  jK'ople,  and  save  their  persons  and 
property  from  a  sudden  destruction.  lie  told  them 
there  was  but  one  way  to  save  their  persons, 


nnd  that  was  to  burn  thoir  vessid  uiul  cargo,  in< 
stantly  nnd  in  the  sight  of  the  people.  It  wiu 
doiio:  and  thus  the  flniiicH  c«)nsunied  at  Aiiiia- 
p.ilis,  what  (ho  waves  had  liuried  at  Hoslon: 
nnd  in  both  cnses  the  spirit  and  the  sacrilloe  wa.s 
llie  same — opposition  to  taxation  without  repre- 
sentalion,  nnd  destruction  to  its  symbol. 


CirAPTEll   oxv. 

{IDMMKNCKMKNT   OK  Till';   SKSSION  ls;il-"8.'>: 
I'ltlCSIDICNT'S   Ml'-SSAdh;. 

'I'owAUDS  tlio  clo.se  of  tho  previous  sesHion,  Mr. 
Stevenson  had  resigned  the  place  of  sponker  of 
tlie  House  of  Kepresentntives  in  consoipuMK'e  of 
his  nomination  to  bo  minister  plenipotentiary  and 
envoy  extriuirdinary  to  the  court  of  St.  .JanioH 
a  noinimition  th<;ii  rejected  by  the  Senate,  but 
siibseipieiitly  contlrmod.  Mr.  .lolin  Itell  of 
Tennessee,  was  elected  speaker  in  his  place,  hi.s 
principal  competitor  being  Mr.  .lames  K.  Polk 
of  the  same  State:  and,  with  this  dill'erence  in 
its  organization,  the  House  mot  nt  the  usual 
time  —  the  ilrst  Monday  of  December.  Tho 
Cabinet  then  stood  :  John  Forsyth,  Sec-retary  of 
Slate,  ill  place  of  Louis  McLaue,  resigned  ;  Levi 
Woodbury,  Secretary  of  the  Treasury ;  Lewis 
Cass,  Secretary  nt  War;  Mahlon  Dickerson, 
Secretary  of  the  Navy  ;  William  T.  Harry,  Post 
Master  (ienoral ;  lieiijaniin  Fiunklin  ISuller, 
Attorney  (Jencral.  The  condition  of  our  afliiirs 
with  France,  was  the  prominent  feature  of  tho 
mes.sage,  and  prosontcfl  the  relations  of  the  United 
States  with  that  power  under  a  .serious  aspect. 
T'he  indemnity  stipulated  in  the  treaty  of  1831 
had  not  been  paid — no  one  of  the  instalments ; 
— and  the  President  laid  the  subject  before  Con- 
gress for  its  consideration,  and  action,  if  de;'inod 
necessary. 

''  I  regret  to  say  that  the  pledges  made  through 
the  minister  of  France  have  not  been  redeemed. 
The  new  Chambers  met  on  the  15 1st  July  last, 
and  although  the  subject  of  fullilling  treaties  was 
alluded  to  in  the  speech  from  the  throne,  no  at- 
tempt was  made  by  the  King  or  his  Cabinet  to 
procure  an  appropriation  to  carry  it  into  execu- 
tion. The  reasons  given  for  this  omi.ssion,  al- 
though they  might  bo  considered  siidicieiit  in 
an  ordinary  case,  arc  not  consistent  with  tho 
expectations  founded  upon  the  assurances  given 
here,  for  there  is  no  coustitutioual  obstacle  to 


>i] 


478 


THIRTY  YEARS'  VIEW. 


ill 


m  (A 


i.f':>r'i 


entering  into  Icpislativo  business  nt  the  first 
nieotinfr  of  t lie  CImmlxjrs.  This  jioint,  however, 
mi^ht  hiiM-  Ipci'ii  overlooked,  had  not  the  Cham- 
berH,  instead  of  ))ein|T;  called  to  meet  at  so  early 
a  ilay  tliut  the  result  of  their  delilwrations  might 
bo  communicated  to  me  before  the  meeting  of 
Congress,  been  prorog\ied  to  the  2!)th  of  the 
present  month — a  period  8o  late  that  their  de- 
cision can  scarcely  l)e  made  known  to  the  prcseift 
Congress  prior  to  its  dissolution.  To  avoid  this 
delay,  our  minister  in  Paris,  in  virtue  of  the 
npsuiance  given  by  the  French  minister  in  the 
United  States,  strongly  urged  the  convocation 
of  the  Chambers  nt  an  earlier  day,  but  without 
success.  It  is  proper  to  remark,  however,  that 
this  refusal  has  been  accompanied  with  the  most 
positive  assurances,  on  the  part  of  the  Executive 
government  of  France,  of  their  intention  to  press 
the  appropriation  at  the  ensuing  session  of  the 
Chambers. 

"If  it  shall  be  the  pleasure  of  Congress  to 
await  the  finther  action  of  the  French  Chambers, 
no  further  consideration  of  the  subject  will,  at 
this  session,  probably  be  required  at  your  hands. 
But  if,  from  the  original  delay  in  asking  for  an 
approjiriation ;  froni  the  refusal  of  the  Chambers 
to  grant  it  when  asked;  from  the  omission  to 
bring  the  subject  before  tlie  Chambers  at  their 
last  session ;  from  the  fact  that,  including  that 
session,  there  have  been  five  ditl'erent  occasions 
when  the  apj)ropriation  might  have  been  made ; 
and  from  the  delay  in  convoking  the  Chambers 
until  some  weeks  after  the  meeting  of  Congress, 
when  it  was  well  known  that  a  communication 
of  the  whole  subject  to  Congress  at  the  last  f,es- 
sion  was  prevented  by  assurances  that  it  should 
be  disposed  of  before  its  present  meeting;,  you 
should  feel  j'ourselVes  constrained  to  doubt 
whether  it  be  the  intention  of  the  French  govern- 
ment in  all  its  branches  to  carry  the  treaty  into 
effect,  and  think  that  such  measures  as  the  occa- 
sion may  be  deemed  to  call  for  should  be  now 
adopted,  the  impf)rtant  question  arises,  what 
those  measures  shall  be." 

The  question  then,  of  further  delay,  waiting 
on  the  action  of  France,  or  of  action  on  our  own 
part,  was  thus  referred  to  Congress ;  but  under 
the  constitutional  injunction,  to  recommend  to 
that  body  the  measures  he  should  deem  neces- 
sary, and  in  compliance  with  his  own  sense  of 
duty,  and  according  to  the  frankness  of  his  tem- 
per, he  fully  and  categorically  gave  his  own 
opinion  of  what  ought  to  be  done ;  thus : 

"  It  is  my  conviction  that  the  United  States 
ought  to  insist  on  a  prompt  execution  of  the 
treaty ;  and,  in  case  it  be  refused,  or  longer  de- 
layed, take  redress  into  their  own  hands.  Af- 
ter the  d  -'lay,  on  the  pai-t  of  France,  of  a  quarter 
of  a  century,  in  acknowledging  these  claims  by 
treaty,  it  is  not  to  be  tolerated  that  another 
quai'ter  of  a  century  is  to  be  wasted  in  nego- 


tiating about  the  payment.  The  laws  of  nationi 
provide  a  remedy  for  such  occasions.  It  is  a 
well-settled  principle  of  the  international  code, 
that  where  one  nation  owes  another  a  liquidatwl 
debt,  which  it  refuses  or  neglects  to  pay,  (he 
aggrieved  party  may  .seize  on  the  property  be- 
longing to  the  other,  its  citizens  or  subjects, 
sufficient  to  pay  the  debt,  without  giving  just 
cause  of  war.  This  remedy  has  been  repeatedly 
resorted  to,  and  recently  by  France  herself  to- 
wards Portugal,  under  circumstances  less  un- 
questionable." 

''Since  Franco,  in  violation  of  the  pledges 
given  through  her  minister  hero,  has  delaywl 
her  final  action  so  long  that  her  decision  will 
not  probably  be  known  in  time  to  be  comnunii- 
cated  to  this  Congress,  I  recommend  that  a  law 
bo  passed  authorizing  reprisals  upon  French 
property,  in  case  provision  shall  not  be  made  for 
the  payment  of  the  debt  at  the  npi)roa('liing 
session  of  the  French  Chambers.  Such  a  nitu- 
sure  ought  not  to  be  considered  by  France  as  a 
menace.  Iler  pride  and  power  are  too  well 
known  to  expect  any  thing  from  her  fears,  and 
preclude  the  necessity  of  the  declaration  that 
nothing  partaking  of  the  character  of  intimida- 
tion is  intended  by  us.  She  ought  to  look  upon 
it  08  the  evidence  only  of  an  inflexible  deter- 
mination on  the  part  of  the  United  States  to  in- 
sist on  their  rights.  That  Government,  by  do- 
ing only  what  it  has  itself  acknowledged  to  be 
just,  will  be  able  to  spare  the  United  States  the 
necessity  of  taking  redress  into  their  own  hands, 
and  save  the  property  of  French  citizens  from 
that  seizure  and  sequestration  which  American 
citizens  so  long  endured  without  retaliation  or 
redress.  If  slie  should  continue  to  refuse  that 
act  of  acknowledged  justice,  and,  in  violation  of 
the  law  of  nations,  make  reprisals  on  our  part 
the  occasion  of  hostilities  against  the  United 
States,  she  would  but  add  violence  to  injustice, 
and  could  not  fail  to  expose  herself  to  the  just 
censure  of  civilized  nations,  and  to  the  retribu- 
tive judgments  of  Heaven.'' 

In  making  this  recommendation,  and  in  look- 
ing to  its  possible  result  as  producing  war  be- 
tween the  two  countries,  the  President  showed 
himself  fully  sensible  to  all  the  considerations 
which  should  make  such  an  event  deplorable 
between  powers  of  ancient  friend«3hip,  and  their 
harmony  and  friendship  desirable  for  the  sake 
of  the  progress  and  maintenance  of  liberal  po- 
litical systems  in  Europe.  And  on  this  point  he 
said: 

"Collision  with  France  is  the  more  to  be  re- 
gretted, on  account  of  the  position  she  occupies 
in  Europe  in  relation  to  liberal  institutions. 
But  in  maintaining  our  national  rights  and  hon 
or,  all  governments  are  alike  to  us.  If,  by  a 
collision  with  France,  in  a  case  where  she  is 


ANNO  1831.    ANDREW  JACKSON,  PRESIDENT. 


479 


vmcnt.  The  laws  of  nations 
or  fitich  occasions.  It  is  a 
0  of  the  international  coiic, 
m  owes  another  a  liqnidutwl 
jcs  or  neglects  to  |)ay,  the 
Y  seize  on  the  property  be- 
or,  its  citizens  or  subjects, 
0  debt,  without  pivin),'just 
remedy  has  been  repeatedly 
;ently  by  France  herself  to- 
der  circumstances  less  un- 

n  violation  of  the  pk'dp;ps 

minister  hero,  has  delaywl 
long  that  her  decision  will 
own  in  time  to  be  coniniiiiii- 
Lss,  I  recommend  that  a  law 
;inp;  reprisals  upon    French 
ovision  shall  not  be  made  for 
10  debt  at  the  api)rotteliinf; 
ich  Chambers.    Such  a  niiu- 
)o  considered  by  France  as  a 
Ic  and   power  are  too  well 
ny  thing  from  her  fears,  and 
sity  of  the  declaration  that 
of  the  character  of  intiniida- 
us.    She  ought  to  look  upon 
only  of  an  inflexible  detcr- 
rt  of  tho  United  States  to  in- 
1.    That  Government,  by  do- 
as  itself  acknowledged  to  he 
)  spare  the  United  States  the 
redress  into  their  own  hands, 
erty  of  French  citizens  from 
questration  which  American 
lured  without  retaliation  or 
lould  continue  to  refuse  that 
id  justice,  and,  in  violation  of 

make  reprisals  on  our  part 
)stilitie8  against  the  United 

3ut  add  violence  to  injustice, 
to  expose  herself  to  the  just 

nations,  and  to  the  retribu- 

eaven.'' 

ccommendation,  and  in  look- 

•csult  as  producing  war  hc- 

ntries,  the  Trcsidcnt  showed 

e  to  all  the  considerations 

such  an  event  deplorable 

ancient  friend-ship,  and  their 

ship  desirable  for  the  sake 

maintenance  of  liberal  po- 

urope.   And  on  this  point  he 


ranee  is  the  more  to  be  rc- 
of  tho  position  she  occupies 
tion  to  liberal  institutions, 
our  national  rights  and  hon 
are  alike  to  us.  If,  by  a 
ice,  in  a  case  where  she  is 


cleftvly  in  the  wrong,  tho  march  of  liberal  prin- 
ciiilt'S  shall  be  impeded,  the  responsibility  for 
thiit  result,  as  well  as  every  other,  will  rest  on 
her  owu  head." 

This  state  of  our  relations  with  Franco  gave 
rise  to  some  animated  proceedings  in  our  Con- 
preBS,  ''hich  will  be  noticed  in  their  proper  place. 
The  condition  of  the  finances  was  shown  to  bo 
good — not  oidy  adequate  for  all  the  purposes  of 
tho  goverimient  and  the  complete  extinguish- 
ment of  the  remainder  of  tho  public  debt,  but 
still  leaving  a  balance  in  tho  treasury  equal  to 
one  fourth  of  tho  annual  income  at  the  end  of 
the  year.    Thus : 

"  According  to  the  estimate  of  the  Treasury 
Department,  the  revenue  accruing  from  all 
sources,  during  the  present  year,  will  amount  to 
twenty  millions  six  hundred  and  twenty-four 
thousand  seven  hundred  and  seventeen  dollars, 
which,  with  the  balance  remaining  in  the  Trea- 
sury on  the  first  of  January  last,  of  eleven  mil- 
lions seven  hundred  and  two  thousand  nine  hun- 
dred and  five  dollars,  produces  an  aggregate  of 
thirty-two  millions  three  hundred  and  twenty- 
seven  thousand  six  hundred  and  twenty-three 
dollars.  The  total  expenditure  during  the  year 
for  all  objects,  including  the  public  debt,  is  esti- 
mated at  twcnty-iive  millions  five  hundred  and 
ninety-one  thousand  three  hundred  and  ninety 
dollars,  which  will  leave  a  balance  in  the  Trea- 
sury on  the  first  of  January,  1835,  of  six  mil- 
lions seven  hundred  and  thirty-six  thousand 
two  hundred  and  thirty-two  dollars.  In  this 
balance,  however,  will  be  included  about  one 
million  one  hundred  and  fifty  thousand  dollars 
of  what  was  heretofore  reported  by  the  depart- 
ment as  not  efi'ective." 

This  unavailable  item  of  above  a  million  of 
dollars  consisted  of  local  bank  notes,  received 
in  payment  of  public  lands  during  the  years  of 
general  distress  and  bank  suspensions  from  1819 
to  1822 ;  and  the  banks  which  issued  them  hav- 
ing failed  they  became  worthless;  and  were 
finally  dropt  ftx)m  any  enumeration  of  the  con- 
tents of  the  treasury.  The  extinction  of  the 
public  debt,  constituting  a  marked  event  in  our 
financial  history,  and  an  eia  in  the  state  of  the 
treasury,  was  looked  to  by  the  President  as  the 
epoch  most  proper  for  the  settlement  of  our 
doubtful  points  of  future  policy,  and  the  in- 
auguration of  a  system  of  rigorous  economy :  to 
which  effect  the  message  said : 

"  Free  from  public  debt,  at  peace  with  all  the 
world,  and  with  no  complicated  interests  to  con- 
sult in  our  intercourse  w  ith  foreign  powers,  the 
present  may  be  hailed  as  the  epoch  in  our  his- 


tory tho  most  favorable  for  tho  settlement  of 
those  principles  in  our  domestic  policy,  which 
shall  Ihj  best  calculateil  to  give  stability  to  our 
re|)ublic,  and  secure  the  blessings  of  freedom  to 
our  citizens.  While  we  are  felicitjiting  our- 
selves, therefore,  upon  the  extinguishment  of 
tho  national  debt,  and  the  prosjjorous  state  of 
our  finances,  let  us  not  be  tempted  to  depart 
from  those  sounds  maxims  of  i)ublic  poficy, 
which  enjoin  a  just  adaptation  of  the  revenue  to 
the  expenditures  that  are  consistent  with  a  rigid 
economy, and  an  entire  abstinence  fioni  all  toj)- 
ics  of  legislation  that  are  not  clearly  within  tho 
constitutional  powers  of  tho  CJovernment,  and 
suggested  by  the  wants  of  the  country.  Properly 
regarded,  under  such  a  policy,  every  diminution 
of  the  public  burdens  arising  from  taxation, 
gives  to  individiml  enterprise  increased  power, 
and  furnishes  to  all  tho  members  of  our  happy 
confederacy,  new  motives  for  patriotic  allection 
and  su|)port.  But,  above  all,  its  most  important 
elfect  will  bo  found  in  its  influence  upon  tho 
character  of  the  Government,  by  confining  its  ac- 
tion to  those  objects  which  will  be  sure  to  securo 
to  it  tho  attachment  and  support  of  our  fellow- 
citizens." 

The  President  had  a  new  cause  of  complaint 
to  communicate  against  the  Bank  of  the  United 
States,  which  was  the  seizure  of  the  dividends 
due  the  United  States  on  the  public  stock  in 
the  institution.  The  occasion  was,  the  claim 
for  damages  which  the  bank  set  up  on  a  pro- 
tested bill  of  exchange,  sold  to  it  on  the  faith  of 
the  French  treaty ;  and  which  was  protested  for 
non-payment.  Tho  case  is  thus  told  by  tho 
President : 

"To  the  needless  distresses  brought  on  the 
country  during  the  last  session  of  Congress, 
has  since  been  added  the  open  seizure  of  tho 
dividends  on  the  public  stock,  to  the  amount  of 
$170,041,  under  pretence  of  paying  damages, 
cost,  and  interest,  upon  the  protested  French 
bill.  This  sum  constituted  a  portion  of  the  es- 
timated revenues  for  the  year  1834,  upon  which 
the  appropriations  made  by  Congress  were 
based.  It  would  as  soon  have  been  expected 
that  our  collectors  would  seize  on  the  customs, 
(X  the  receivers  of  our  land  offices  on  the 
moneys  arising  from  the  sale  of  public  lands, 
under  pretences  of  claims  against  the  United 
States,  as  that  the  bank  would  have  retained 
the  dividends.  Indeed,  if  the  principle  be  esta- 
blished that  any  one  who  chooses  to  set  up  a 
claim  against  the  United  States  may,  without 
authority  of  law,  seize  on  the  jmblic  property 
or  money  wherever  he  can  find  it,  to  pay  such 
claim,  there  will  remain  iio  assurance  that  our 
revenue  will  reach  the  treasury,  or  that  it  will 
be  applied  after  the  appropriation  to  the  pur- 
poses designated  in  the  law.  The  j)ayniaster8 
of  our  army,  and  the  pursers  of  our  navy,  may, 


480 


TlIinTY  YEARS'  VIKII*. 


uikUt  Iik(!  prutt'iiccH,  njiply  to  tlair  own  use 
luoncyM  n|)|>iiipiiated  to  not  in  motion  tin*  |>ul»- 
lic  foiTf.  iiiid  in  time  of  war  li-avo  tlic  country 
without  tlifenco.  ThiH  munNiirt',  reHt)rttM|  to  \>y 
the  llunii,  is  (li.sorKanixing  und  revolutionary, 
nnilj  if  neniTulIy  roHorti-fi  to  iiy  privnte  citiziiis 
in  hko  cusos,  woulil  fill  the  liind  with  ananhy 
and  violence." 

The  money  thuH  Neizcd  by  the  hank  was  re- 
tained until  recovered  from  it  by  due  course  of 
law.  The  corporation  was  sued,  judgment  re- 
covered n(;uinHt  it,  and  the  money  made  upon 
a  writ  of  execution  ;  no  that  the  illegality  of  its 
conduct  in  makin);  tluM  seizuro  was  jmlicially 
established.  The  President  also  communicated 
new  proofs  of  the  wantonness  of  the  pressure 
and  distress  made  by  the  bank  during  the  pre- 
ceding session — the  fact  coming  to  light  that  it 
had  ship|)ed  a)x)Ut  three  millions  and  a  half  of 
the  specie  to  Einopo  which  it  had  S(iueezed  out 
of  the  hands  of  the  people  during  the  panic  ; — 
and  also  that,  immediately  after  the  adjourn- 
ment of  Congress,  the  action  of  the  bank  was 
reversed — the  curtailment  clianged  into  exten- 
tiion  ;  and  a  discount  lino  of  seventeen  millions 
rapidly  ran  out. 

"  Immediately  after  the  close  of  the  last  ses- 
sion, the  bank,  through  its  president,  announced 
its  ability  and  readiness  to  abandon  the  system 
of  uni)aralleled  curtailment,  and  the  interruj)- 
tion  of  domestic  exchanges,  which  it  had  prac- 
tised upon  from  the  1st  of  August,  1833,  to  the 
30th  of  .June,  1834,  and  to  extend  its  accommo- 
dations to  the  community.  The  grounds  as- 
sumed in  tliis  annunciation  amounted  to  an  ac- 
k.iowk'dgment  that  the  curtailment,  in  the  ex- 
tent to  which  it  had  been  carried,  was  not 
necessary  to  the  safety  of  the  bank,  and  had 
been  persisted  in  merely  to  induce  Congress  to 
grant  the  prayer  of  the  bank  in  its  memorial 
relative  to  the  removal  of  the  deposits,  and  to 
give  it  a  new  charter.  They  were  substantially 
a  confession  that  ail  the  real  distresses  which 
individuals  and  the  country  had  endured  for  the 

f)receding  six  or  eight  months,  had  been  need- 
essly  produced  by  it,  with  the  view  of  effecting, 
through  the  suil'orings  of  the  people,  the  legisla- 
tive action  of  Congress.  It  is  a  subject  of  con- 
gratulation that  Congress  and  the  country  had 
the  virtue  and  firmness  to  bear  the  intliction ; 
that  the  energies  of  our  people  soon  found  relief 
from  this  wanton  tyranny,  in  vast  importations 
of  the  precious  metals  from  almost  every  part 
of  the  world  ;  and  that,  at  the  close  of  this  tre- 
mendous eflbrt  to  control  our  government,  the 
bank  found  itself  powerless,  and  no  longer  able 
Ito  loan  out  its  surplus  means.  The  connnunity 
had  learned  to  manage  its  affairs  without  its 
assistance,  and  trade  had  already  found  new 


auxiliaries  ;  ho  that,  on  the  Ist  of  Octolier  ln«t, 
the  cxtraorilinary  s|M'cfucle  was  i)reMent»'d  of  a 
national  bank,  more  than  one  half  of  wlumo 
capital  was  cither  lying  unprcnluctive  in  iiv 
vaults,  or  in  the  hands  of  foreign  bunkers." 

Certainly  this  was  a  confession  of  the  whole 
criminality  of  the  bank  in  making  the  .'istrtsHj 
but  even  thin  confession  did  not  prevent  the 
Senate's  Finance  Committee  from  making  an 
honoiablu  report  in  its  favor.  ISut  there  is 
something  in  the  laws  of  moral  right  above  tlu; 
powers  of  man,  or  the  designs  and  plans  of 
banks  aiul  politicians.  The  greatest  calamity 
of  the  bank — the  loss  of  thirty-live  millions  of 
stock  to  its  subscribers — chiefly  dates  from  tlijg 
period  ond  this  conduct.  I'p  to  this  time  its 
waste  and  losses,  though  great,  iiijiht  still  have 
been  remediable  ;  but  now  the  incurable  course 
was  taken.  Half  its  capital  lying  idle  !  (inm] 
borrowers  were  scarce;  good  indorsers  still  more 
so ;  and  a  general  acceptance  of  stocks  in  lieu  of 
the  usual  Fccurity  was  the  fatal  resort.  First,  its 
own  stock,  then  a  great  variety  of  stocks  were 
taken  j  and  when  the  bank  went  into  li<|uiila- 
tion,  its  own  stock  was  gone  !  and  the  others  in 
every  imaginabk  degree  of  depreciation,  from 
under  par  to  nothing.  The  government  hiul  di- 
n-ctors  in  the  bank  at  that  time,  Messrs.  Charles 

McAllister,  Edward  D.  Ingraham,  and Kll- 

m.'ker;  and  the  President  was  under  no  mistake 
in  any  thing  he  said.  The  message  recurs  to 
the  fixed  policy  of  the  President  in  selling  the 
public  stock  in  the  bank,  and  says  : 

"  I  feel  it  my  duty  to  recommend  to  you  tlmt 
a  law  be  passed  authorizing  the  sale  of  the  pub- 
lic stock  ;  that  the  provision  of  the  charter  re- 
quiring the  receipt  of  notes  of  the  bank  in  pi\y- 
meut  of  public  dues,  shall,  in  accordance  with 
the  power  reserved  to  Congress  in  the  14lh 
section  of  the  charter,  Ije  si.spended  until  the 
bank  pays  to  the  treasury  the  dividends  with- 
held ;  and  that  all  laws  connecting  the  govern- 
ment or  its  officers  with  the  bank,  directly  or 
indirectly,  be  rejiealed ;  and  that  the  institu- 
tion be  left  hereafter  vO  its  own  resources  and 
means." 

The  wisdom  of  this  persevering  recommenda- 
tion was,  fortunately,  appreciated  in  time  to 
save  the  United  States  from  the  fate  of  other 
stockholders.  The  attention  of  Congress  was 
again  called  to  the  regulation  of  the  deposits  in 
State  banks.  As  yet  there  was  no  law  upon 
the  subject.  The  bill  for  that  purpose  passed 
in  the  House  of  Representatives  at  the  previous 


Ifc'fi :  ■ 


ANNO  1834.     ANDREW  JACKHON,  PRESIDKNT. 


481 


1)1)  the  lut  of  Octolicr  Inst, 
■cfuole  waM  nroMviitcd  of  a 
than  Olio  Imlf  of  whm 
lyinn  iinpriKliictive  in  iu 
a»  of  fortign  ImnkiTM." 

a  oonftiBHion  of  the  whole 
ink  in  nmkiiiK  tl'^!  -''Btirsnj 
ssion  (lid  not   proTont  the 
-mniittfc   from  niukinn  nn 
w  itH  favor.     Unt  thert"  is 
vs  of  moral  rij;ht  aliove  tlio 
the  (U'sifrns  and  plans  of 
us.      The  jrreatest  calamity 
)H8  of  thirty-five  millions  of 
lurs — chiefly  (lateH  from  this 
ndnct.     V\)  to  this  tinie  its 
ongh  great,  ni^iht  still  have 
ut  now  the  incnrnhle  course 
8  capital  lying  idle  !    Good 
•ce;  good  indorsers  still  more 
:x:eptance  of  stocks  in  lieu  of 
ras  the  fatal  rca(ut.   First,  its 
jreat  variety  of  stocks  were 
ihe  >)ank  went  into  liiiuida- 
was  gone  !  and  the  others  in 
degree  of  depreciation,  from 
g.     The  government  hr.d  di- 
at  that  time,  Messrs.  Charles 

D.  Ingraham,  and KU- 

sident  was  under  no  mistake 
1.  The  message  recurs  to 
the  President  in  selling  the 
bank,  and  says : 

[y  to  recoinnjend  to  you  that 

jhorizing  the  sale  of  the  pub- 

provibion  of  the  charter  re- 

)f  notes  of  the  hank  in  pay- 

,'S,  shall,  in  accordance  with 

d  to  Congress  in  the  1-lth 

Iter,  be  suspended  until  the 

reasury  the  dividends  with- 

laws  connecting  the  govern- 

wilh  the  bank,  directly  or 

ded;  and  that  the  ins«itu- 

\r  lO  its  own  resources  and 

liis  persevering  rccommenda- 
l>ly,  appreciated  in  time  to 
lates  from  the  fate  of  other 
]  attention  of  Congress  was 
legnlation  of  the  deposits  in 
Vet  there  was  no  law  upon 
[ill  for  that  purpose  passed 
bresentatives  at  the  previous 


fofiftion,  had  been  laid  upon  the  tiiMe  in  the 
Senate;  an<l  thus  wan  kept  ojHn  a  luaij  of  com- 
pliiint  against  the  President  for  the  illi;;id  cus- 
tody of  the  public  money».  It  was  not  Illegal. 
It  was  the  custody,  more  or  less  rcsnidd  to, 
und'T  every  administration  of  the  fi'dcnd  gov- 
rrnment  and  never  called  illegal  except  ruder 
President  Jackson  ;  but  it  was  a  trust  <tf  a  kind 
to  riMi'iire  regulation  by  law  ;  and  he,  therefore, 
earnestly  ncoinmended  it.    The  message  said  : 

"The  attention  of  Congress  is  earnestly  in- 
vited to  the  regulation  of  the  deposits  iu  tlie 
State  bimks.  bv  law.  Although  the  power  now 
exercised  by  the  Kxecutivo  department  in  this 
behalf  i"  only  such  as  waa  uuiforudy  exerted 
through  every  administration  from  the  origin  of 
the  goverum  'ut  up  to  the  estiiblishment  of  the 
present  bank  yet  it  is  one  which  is  susc('j)tible 
of  reguhition  by  law,  and,  ther'fore,  ought  so  to 
he  reguliiteil.  The  power  of  Congress  to  direct 
in  what  phices  the  Treasurer  sliull  keep  the 
moneys  in  the  Treasury,  and  to  impose  rcNtric- 
tioiis  upon  the  F^xecutive  authority,  in  relation 
to  their  custody  and  removal,  is  unlimited,  and 
its  exercise  will  rather  l)e  courted  iliaii  discour- 
aijed  by  those  public  ofllcers  and  agents  on  whom 
rests  the  responsibility  for  their  safety.  It  is 
(lesiriil)le  that  as  little  power  as  |)Ossible  should 
he  left  to  the  President  or  Secretary  of  the 
Trc.isury  over  those  institutions,  which,  ))eing 
thus  fieed  from  Executive  influence,  and  without 
a  eoniuiou  head  to  direct  their  operations,  would 
have  neither  Ihe  temptation  nor  the  ability  to 
interfere  in  the  political  conflicts  of  the  country. 
Not  deriving  their  charters  from  the  national 
authorities,  they  would  never  have  those  induce- 
ments to  meddle  in  general  elections,  which 
have  led  tlie  Hank  of  the  United  States  to  agi- 
tate and  c  invulse  the  country  for  upwards  of 
two  years." 

Tiie  increase  of  the  gold  currency  was  a  suljcet 
of  congratulation,  and  the  purification  of  pnjicr 
hy  the  sujiijression  of  small  notes  a  matter  of 
earnest  reccimendation  with  the  I'resident — the 
latter  addressed  to  the  people  of  the  States,  and 
every  way  worthy  of  their  adoption.     lie  said : 

'•  The  progress  of  our  gold  coinage  is  credita- 
ble to  tlie  ollicers  of  the  mint,  and  jironiiscs  in  a 
short  period  to  furnish  the  country  with  a 
Edund  and  jiortable  currency,  which  will  much 
dimiiiisli  ti>e  inconvenience  to  travellers  of  the 
want  of  a  general  paper  currency,  shoidil  the 
State  l)anl<s  he  incapable  of  furnishing  it.  Those 
ins^titiiiions  have  already  shown  thenis^elves  coin- 
jHtent  to  jnu'chase  and  furnish  domestic  excliange 
for  the  convenience  of  trade,  at  reasonable  rates ; 
and  not  a  doubt  is  entertained  that,  in  a  short 
lieriod,  ail  the  wants  of  the  country,  in  bank 
accommodations  and  exchange,  will  be  supplied 
as  promptly  and  as  cheaply  as  they  have  liere- 
Vol.  1.— 31 


tofore  been  by  the  Bank  of  the  Fnited  Slntes. 
If  till'  several  States  Hhftll  be  induced  gr.iduall^ 
to  nform  their  bnnkinK  Nyslems.  and  prohibit 
the  issue  of  all  small  notes,  we  shall,  in  a  few 
years,  have  a  currency  as  sound,  und  as  littla 
liable  to  fluctiiationN,  a.s  any  other  cotninercial 
country." 

The  message  containod  the  Uand'ng  recom- 
mendation for  reform  in  the  presidential  election. 
The  direct  vote  of  the  people,  the  President  con- 
sidered the  only  safeguard  for  the  purity  of  that 
election,  on  which  depended  so  miuh  of  the 
safe  working  of  the  government.  The  message 
said : 

"  I  trust  that  T  may  Iw  also  panloned  for  re- 
newing the  recommendation  I  have  so  often  snh- 
mitted  to  your  attention  in  regard  to  the  mode 
of  electing  the  President  and  Vice-President  of 
the  United  States.  All  the  reflection  I  have 
been  able  to  bestow  upon  the  subject,  increases 
my  conviction  that  the  best  interests  of  the 
country  will  bo  promoted  by  the  adojition  of 
some  plan  which  will  sec'tre,  in  all  contingencies, 
that  important  right  of  sovereignty  to  the  direct 
control  of  the  people.  Ccnild  this  lie  attained, 
an<l  the  terms  of  those  onicers  be  limited  to  a 
single  period  of  either  four  or  six  years,  I  think 
our  liberties  would  possess  an  additional  safe- 
guard." 


CHAPTEK    CXVI. 

EEPORTOF  THE  BANK  COMMITTKK. 

Early  in  the  session  the  Finance  Committee 
of  the  Senate,  which  had  been  directed  to  make 
an  examination  into  the  aflairs  of  the  Bank  of 
the  United  States,  made  their  report — an  elar 
borate  pajier,  the  reading  of  which  occupied  two 
hours  and  a  half, — for  this  report  was  honored 
with  a  reading  at  the  Secretary's  table,  while  but 
few  of  the  reports  made  by  heads  of  departments, 
and  relating  to  the  affairs  of  the  whole  Union, 
received  that  honor.  It  was  not  only  read 
through,  but  by  its  author — Mr.  Tyler,  the  se- 
cond named  of  the  committee;  the  first  named,  or 
ollicial  chairman,  Mr.  Webster,  not  having  acted 
on  the  committee.  The  report  was  a  most  ela- 
borate vindication  of  the  conduct  of  the  bank  at 
all  points  ;  but  it  did  not  stop  at  the  defence  of 
the  institution,  but  went  forward  to  the  crimi- 
nation of  others.  It  dragged  in  the  names  of 
General  Jackson,  Mr.  Van  Huron,  and  Mr.  Ben- 
ton, laying  hold  of  the  circumstance  of  their 
having  done  ordinary  acts  of  duty  to  their  friendS' 


482 


TIimTY  TEARS'  V13W. 


'Jlhm 


iifff 


li.   ■*«r4- 


and  constituents  in  promoting  their  application 
for  branch  banks,  to  raise  false  implications 
•gainst  them  as  having  been  in  favor  of  the  in- 
stitution. If  such  had  been  the  fact,  it  did  not 
come  within  the  scope  of  the  committee's  ap- 
pointment, nor  of  the  resolution  imdcr  Mhich 
they  acted,  to  have  reported  upon  such  a  cir- 
cumstance :  but  the  implications  were  untnie ; 
and  Mr.  Benton  being  the  only  one  present  that 
had  the  right  of  speech,  assailed  the  report  the 
instant  it  was  read — declaring  that  such  things 
were  not  to  pass  uncontradicted  for  an  instant 
—that  the  Senate  was  not  to  adjourn,  or  the 
galleries  to  disperse  \\ithout  hearing  the  contra- 
diction. And  being  thus  suddenly  called  up  by 
a  sense  of  duty  to  himself  and  his  friends,  he 
would  do  justice  upon  the  report  at  once,  expos- 
ing its  numerous  fallacies  from  the  moment  tliey 
appeared  in  the  chamber.  He  commenced  with 
the  imputations  upon  himself.  General  Jackson 
and  Mr.  Van  Buren,  and  scornfully  repulsed  the 
base  and  gratuitous  assumptions  which  had  been 
made.    He  said : 

''  His  own  name  was  made  to  figure  in  that 
report — in  very  good  company  to  be  sure,  that 
of  President  .Jackson,  Vice-President  V'^an  Buren 
and  Mr.  senator  Grundy.  It  seems  that  we 
have  all  been  detected  in  something  that  de- 
serves exposure — in  the  offence  of  aiding  our  re- 
spective constituents,  Oi"  fellow-citizens  in  ob- 
taining branch  banks  to  be  located  in  our  respec- 
tive States ;  and  upon  this  detection,  the  assertion 
is  made  that  these  branches  were  not  extended 
to  these  States  for  political  effect,  when  the 
charter  was  nearly  run  out,  but  in  good  faith, 
and  upon  our  application,  to  aid  the  business  of 
the  country.  Mr.  B.  said,  it  was  true  that  he 
had  forwarded  a  petition  from  the  merchants  of 
St.  Louis,  about  1820  or  '27,  soliciting  a  branch 
at  that  place  :  and  he  had  accompanied  it  by  a 
letter,  as  he  had  been  requested  to  do,  sustaining 
and  supporting  their  request ;  and  bearing  the 
testimony  to  their  characters  as  men  of  business 
and  property  which  the  occasion  and  the  truth 
required,  lie  did  this  for  merchants  who  were 
his  political  enemies,  and  he  did  it  readily  and 
cordially,  as  a  representative  ought  to  act  for 
his  constituents,  whether  they  are  for  him,  or 
against  him,  in  the  elections.  So  far  so  good ; 
but  the  allegation  of  the  report  is,  that  the 
branch  at  St.  liouis  was  established  upon  this 
petition  and  this  letter,  and  therefore  whs  not 
established  with  political  views,  but  purely  and 
simply  for  business  purposes.  Now.  said  Mr. 
B.,  I  have  a  question  to  put  to  the  senator  from 
Virginia  (Mr.  Tyler),  who  has  made  the  report 
for  the  committee:  It  is  this:  whetlier  the  pre- 
sident or  directors  of  the  bank  had  informed  him 
that  General  Cadwalladcr  had  bcnn  sent  as  &n 


agent  to  St.  I-onis^  to  exammo  the  place,  and  to 
report  upon  its  ability  to  sustain  a  branch  ? 

"  Mr.  Tyler  rose,  ana  said,  that  he  had  heard 
nothing  at  the  bank  upon  the  subject  of  Gen. 
Cadwalladcr  having  been  sent  to  St.  Loui.s,  or 
any  report  upon  the  place  being  made." 

"  Then,  said  Mr.  Benton,  resuming  his  speech, 
the  committee  hfts  been  treated  unworthily,— 
scurvily, — bnsely, — by  the  bank!  It  has  bctii 
made  the  instrument  to  report  an  untruth  to 
the  Senate,  and  to  the  American  people ;  and 
neither  the  Senate,  nor  that  part  of  the  Ameri- 
can people  who  chance  to  be  in  this  chamber, 
shall  be  permitted  to  leave  their  pkaces  until 
that  falsehood  is  exposed. 

"  Sir,  said  Mr  B.,  addressing  the  Vice-Presi- 
dent, the  jiresident,  and  directors  of  the  Bank  of 
the  United  Strtes,  upon  receiving  the  merchants' 
petition,  and  n  y  letter,  (fid  not  send  a  branch  to 
St.  Louis !  They  sent  an  agent  there,  in  the  per- 
son of  General  Cadwalladcr,  to  examine  the 
place,  and  to  report  upon  its  mercantile  capabil- 
ities and  wants ;  and  upon  that  report,  the  de- 
cision was  made,  and  made  against  the  requcpt 
of  the  merchants,  and  that  upon  the  ground 
that  the  business  of  the  place  would  not  justify 
the  establishment  of  a  branch.     The  petition 
from  the  merchants  came  to  Mr.  B.  while  he- 
was  here,  in  his  seat ;  it  was  forwarded  from 
this  place  to  Phil.idelphia  ;  the  agent  made  hi-; 
visit  to  St.  Louis  before  he  (Mr.  B.)  returned; 
and  when  he  got  home,  in  the  spring,  or  sum- 
mer, the  merchants  informed  him  of  what  had 
occurred ;  and  that  they  had  received  a  letter 
from  the  directory  of  the  bank,  informing  tlicin 
that  a  branch  coidd  not  be  granted;  and  there  the 
whole  affair,  so  far  as  the  petition  and  the  letter 
were  concerned,  died  aw.T      But,  said  Mr.  B., 
it  happened  just  in  that  tiim ,  that  I  made  my 
first   demonstration — struck  my   first  blow— 
against  the  bank ;  and  the  next  news  that  I  had 
from  the  merchants  was,  that  another  letter  had 
been  received  fi'om  the  bank,  without  any  new 
petition  having  been  sent,  and  without  any  new 
report  upon  the  business  of  the  place,  informing 
them  that  the  branch  was  to  come !    And  como 
it  did,  and  immediately  went  to  work  to  gain 
men  and  presses,  to  govern  the  politics  of  tho 
State,  to  exclude  him  (Mr.  B.)  from  re-i  icction 
to  the  Senate  ;  and  to  oppose  every  candidate, 
from  governor  to  constable,  who  was  not  for 
the  bank.     The  branch  had  even  furnished  a 
list  to  the  mother  bank,  through  some  of  its 
officers,  of  the  names  and  residences  of  the  ac- 
tive citizens  in  every  part  of  the  State ;  and  to 
these,  and  to  their  great  astonishment  at  the 
familiarity  and  cemdescension  of  the  hi|;h  di- 
rectory in  JMiiladelphia,  myriads  of  bank  doeii- 
ments  were  sent,  with  a  minute  descriiition  of 
name  and  place,  postage  free.     At  the  presi- 
dential election  of  18o2,  the  State  was  dehiged 
with  these  favors.     At  his  own  re-elections  t< 
tho  Senate,  the  two  last,  the  branch  bank  was 
in  tho  field  against  him  every  where,  and  in 
every  form ;  its  directors  traversing  the  Stat<^ 


'    Tflb 


ANNO  1834.    ANDREW  JACKSON,  PRESIDENT. 


483 


0  exommo  the  place,  and  to 
ity  to  sustain  a  branch  t 
ana  said,  that  he  had  heard 
L  npon  the  subject  of  Gen. 
r  been  sent  to  St.  Louis,  or 
e  place  being  made." 
Benton,  resuming  his  speech, 
been  treated  unworthily,— 
-by  the  bank  !  It  has  bctii 
nt  to  report  an  untruth  to 

the  American  people;  and 

nor  that  part  of  the  Amcri- 

ince  to  be  in  this  chamber, 

1  to  leave  their  places  until 
sposed.  . 
,  addressing  the  Vicc-Presi- 
and  directors  of  the  Bank  of 

upon  receiving  the  merchants' 
tter  did  not  semi  a  hravdi  to 
;ent  an  agent  there,  in  the  pcr- 
:ad\vallador,  to  examine  the 
•t  upon  its  mercantile  capabil- 
md  upon  that  report,  the  de- 
md  made  against  the  requcpt 
,  and  that  upon  the  ground 
of  the  place  would  not  justify 
■  of  a  branch.     The  petition 
its  came  to  Mr.  B.  while  In- 
seat;  it  was  forwarded  from 
[idt'lphia  ;  the  agent  made  his 
before  he  (Mr.  B.)  returned; 
home,  in  the  spring,  or  sum- 
Its  informed  him  of  what  had 
at  they  had  received  a  lctt(T 
of  the  bank,  informing  tliciii 
not  be  granted;  and  there  the 
as  the  petition  and  the  letter 
lied  awfi'      But.  said  Mr.  B., 
in  that  tuiu,  thati  made  my 
,n_struck  my  first  blow— 
,  and  the  next  news  that  I  had 
Its  was,  that  another  letter  had 
,1  the  bank,  without  any  new 
.en  sent,  and  without  any  new 
jusincss  of  the  place,  informing 
inch  was  to  come !    And  coma 
liately  went  to  work  to  pain 
to  govern  the  politics  of  tho 
him  (Mr.  B.)  from  re-  ;cction 
id  to  oppose  every  candidiitc, 
i  constable,  who  was  not  lor 
branch  had  even  furnisliert  a 
r  bank,  through  some  of  its 
mcs  and  residences  of  the  ac- 
ery  part  of  the  State ;  and  to 
ir  great  astonishment  at  ttic 
imdescension  of  the  higii  di- 
>lnhia,  myriads  of  bank  docu- 
with  a  minute  dcscnvtion  ot 
postage  free.     At  the  prosi- 
f  18u2,  the  State  was  delugod 
s     At  his  own  re-elections  t* 
wo  last,  the  branch  bank  was 
nst  him  every  vvhere,  and  m 
directors  traversing  the  feUte, 


er 


going  to  the  houses  of  the  members  of  the 
General  Assembly  after  they  were  elected,  in 
almost  every  county,  over  a  State  of  sixty 
thousand  square  miles ;  and  then  attending  the 
legislature  as  lobby  members,  to  oppose  him. 
Of  these  things  Mr.  B.  had  never  spoken  in 
public  before,  nor  should  lie  have  done  it  now, 
had  it  not  been  for  the  falsehood  attempted  to 
be  palinjd  upon  tlie  Senate  through  the  instru- 
mentality of  its  committee.  But  having  been 
driven  into  it,  he  would  mention  another  cir- 
cumstance, which  also,  he  had  never  named  in 
public  befme,  but  which  would  throw  light 
upon  the  establishment  of  the  branch  in  St. 
Louis,  and  the  kind  of  business  which  it  had  to 
perform.  An  immense  edition  of  a  review  of 
his  speech  on  the  veto  message,  was  circulated 
through  his  State  on  the  eve  of  his  last  election. 
It  bore  the  impress  of  the  bank  foundry  in  Phi- 
ladelphia, and  wiis  intended  to  let  the  people 
of  Missouri  see  that  lie  (Mr.  B.)  was  a  very  un- 
fit person  to  represent  them :  and  afterwards  it 
was  seen  from  the  report  of  tho  government 
directors  to  the  President  of  the  United  States, 
tliat  seventy-five  thousand  copies  of  that  review 
were  paid  for  by  the  Bank  of  the  United  States ! " 

The  committee  had  gone  out  of  their  way — 
departed  from  the  business  with  which  they 
were  charged  by  the  Senate's  resolution — to 
bring  up  a  stale  imputation  upon  Gen.  Jackson, 
for  becoming  inimical  to  Jlr.  Biddle,  because  he 
could  not  make  him  subservient  to  his  purposes. 
Tlie  imputation  was  unfounded  and  gratuitous, 
and  disproved  by  the  journals  of  the  Senate, 
which  bore  Gen.  Jackson's  nomination  of  Mr. 
Biddle  for  government  director — and  at  the  head 
of  those  directors,  thereby  indicating  him  for 
president  of  the  bank — three  several  times,  in  as 
niauy  successive  years,  after  the  time  alleged  for 
this  hostility  and  vindictiveness.  This  unjus- 
tifiable imputation  became  the  immediate,  the 
next  point  of  Mr.  Benton's  animadversion ;  and 
was  thus  disposed  of : 

"  Mr.  B.  said  there  was  another  thing  which 
must  be  noticed  now,  because  the  proof  to  con- 
found it  was  written  in  our  own  journals.  lie 
alluded  to  the  '  hostility  '  of  the  President  of 
the  United  States  to  the  bank,  which  made  so 
large  a  figure  in  that  report.  The  '  vindictive- 
ness' of  the  President, — the  'hostility '  of  the 
President,  was  often  pressed  into  the  service  of 
tliat  report — which  he  must  be  permitted  to 
qualify  as  an  elaboiate  defence  of  the  bank. 
Whether  used  originally,  or  by  quotation,  it 
was  the  same  thing.  The  quotation  from  Mr. 
Duane  was  made  to  help  out  the  argument  of 
tlie  committee— to  sustain  their  position — and 
tliereby  became  their  own.  The  '  vindictive- 
uess '  of  the  President  towards  the  bank,  is 


brought  forward  with  imposing  gravity  by  tho 
committee ;  and  no  ono  is  at  a  loss  to  under- 
stand what  is  meant !  The  charge  has  been 
made  too  often  not  to  suggest  the  \v  hole  story 
as  often  as  it  is  hinted.  The  President  became 
hostile  to  Mr.  Biddle,  according  to  this  fine 
story,  because  he  could  not  manage  hira !  be- 
cause he  could  not  make  him  use  the  institution 
for  political  purpose.'' !  and  hence  his  revenge, 
his  vindictiveness,  his  hatred  of  Mr.  Biddle,  and 
his  change  of  sentiment  towards  the  institution. 
This  is  the  charge  which  has  run  through  the 
bank  presses  for  three  years,  and  is  alleged  to 
take  date  from  1829,  when  an  application  was 
made  to  change  the  president  of  the  Portsmouth 
branch.  But  how  stands  the  truth,  recorded 
upon  our  own  journals  ?  It  si  :,ids  thus :  that 
for  three  consecutive  years  after  the  harboring 
cfthis  deadly  malice  against  Mr.  Biddle,  for  not 
managing  the  institution  to  suit  the  President's 
political  wishes — for  three  years,  ono  after 
another,  with  this  '  vindictive '  hate  in  his  bo- 
som, and  this  diabolical  determination  to  ruin 
the  institution,  he  nominates  this  same  Mr. 
Biddle  to  the  Senate,  as  one  of  the  government 
directors,  and  at  the  head  of  those  directors  ! 
Mr.  Biddle  and  some  of  his  friends  with  him 
came  in,  upon  every  nomination  for  three  suc- 
cessive years,  after  vengeance  had  been  sworn 
against  him  !  For  three  years  afterwards  ho  is 
not  only  named  a  director,  but  indicated  for  tho 
presidency  of  the  bank,  by  being  put  at  the 
head  of  those  who  came  recommended  by  the 
nomination  of  the  President,  and  the  sanction  of 
the  Senate !  Thus  was  he  nominated  for  the 
years  1830,  1831,  and  1832;  and  it  was  only 
after  the  report  of  Mr.  Clayton's  committee  of 
1832  tluit  tiie  President  ceased  to  nominate  Mr. 
Biddle  for  government  director  !  Such  was  the 
frank,  coniiding  and  friendly  conduct  of  the 
President ;  while  Mr.  Biddle,  conscious  that  he 
did  not  deserve  a  nomination  at  his  hands,  had 
hims«lf  also  elected  during  each  of  these  years, 
at  the  head  of  the  stockholders'  ticket.  Il« 
knew  what  he  was  meditating  and  hatching 
against  the  President,  though  the  President  did 
not !  What  then  becomes  of  the  charge  faintly 
shadowed  forth  by  the  committee,  and  publicly 
and  directly  made  by  the  bank  and  its  iriends? 
False !  False  as  hell !  and  no  senator  can  say 
it  without  finding  the  proof  of  the  falsehood  re- 
corded iu  our  own  journal ! " 

^Ir.  Benton  next  defended  Mr.  Taney  from 
an  unjustifiable  and  gratuitous  assault  made 
upon  him  by  the  committee — the  more  unwar- 
rantable because  that  gentleman  was  in  retire- 
ment— no  moie  in  public  life — having  resigned 
his  place  of  Secretary  of  the  Treasury  the  day 
he  was  rejected  by  the  Senate.  Mr.  Taney,  ia 
his  report  upon  the  removal  of  tho  deposits,  had 
repeated,  what  the  government  directors  and  a 
committee  of  the  House  of  Representatives  had 


484 


THIRTY  YEARS'  VIEW. 


^ 


mi  r 
hi  mi\ 

'      til  ^ 


!f 


first  reported,  of  the  illegal  conduct  of  tlie  bank 
oomniittcc  of  exchange,  in  making  loans.  The 
fact  was  true,  and  as  since  shown,  to  a  far  higher 
degree  than  then  detected ;  and  the  Senate's 
committee  were  unjustifiable  in  defending  it. 
But  not  satisfied  with  this  defence  of  a  criminal 
institution  against  a  just  accusation,  they  took 
the  opportunity  of  casting  censure  upon  Mi. 
Taney,  and  gaining  a  victory  over  him  by  mak- 
ing a  false  issue.  Mr.  Benton  immediately 
corrected  this  injustice.    He  said : 

"  That  he  was  not  now  going  into  a  general 
ans'ver  to  the  report,  but  he  must  do  justice  to 
an  abse.  ^  gentleman — one  of  the  purest  men 
upon  earth,  both  in  public  and  private  life,  and 
who,  after  tiie  manner  he  had  been  treated  in 
this  ciiamber,  ought  to  be  secure,  in  his  retire- 
ment, from  senatorial  attack  and  injustice.  The 
committee  have  joined  a  conspicuous  issue  with 
Mr.  Taney ;  and  they  have  carried  a  glorious 
bank  victory  over  him,  by  turning  off  the  trial 
upon  a  false  point.  Mr.  Taney  arraigned  the 
legality  of  the  conduct  of  the  exchange  commit- 
tee, which,  overleaping  the  business  of  such  a 
committee,  whicli  is  to  buy  and  sell  ?•<■«/  bills 
of  e.rchangc,  had  become  invested  with  the 
power  of  1  he  wliole  board ;  transacting  that 
business  which,  by  the  charter,  could  only  be 
done  by  the  board  of  directors,  and  by  a- board 
of  not  less  than  seven,  and  which  they  could  not 
delegate.  Yet  this  committee,  of  three,  selected 
by  tlie  President  himself,  was  shown  by  the 
report  of  the  government  directors  to  transact 
the  most  important  business  ;  such  as  making 
immense  loans,  upon  long  credits,  and  upon 
questionable  security;  sometimes  covering  its 
operations  imder  the  simulated  garb,  and  falsi- 
fied pretext,  of  buying  a  bill  of  exchange; 
sometimes  using  no  disguise  at  all.  It  was 
shown,  by  the  same  report,  to  have  the  exclu- 
sive charge  of  conducting  tlie  curtailment  last 
winter ;  a  business  of  the  most  important  cha- 
racter to  the  country,  having  no  manner  of 
affinity  to  the  proper  functions  of  an  exchange 
conunittee ;  and  which  they  conducted  in  tlie 
most  partial  and  iniquitous^  manner ;  and  with- 
out even  reporting  to  the  board.  All  this  the 
government  directors  communicated.  All  this 
was  commented  upon  on  this  floor;  yet  Mr. 
Tane\  is  selected  !  He  is  the  one  pitched  upon ; 
as  if  nobody  but  hira  had  arraigned  the  iliegtil 
acts  of  this  committee ;  and  then  he  is  made  to 
arraign  the  existence  of  the  committee,  and  not 
its  misconduct !  Is  this  right  ?  Is  it  fair  1  Is  it 
just  thus  to  pursue  that  gentleman,  and  to  pur- 
sue him  unjustly  ?  Can  the  vengeance  of  the 
bank  never  be  appeased  while  he  lives  and 
moves  on  earth  ?  " 

After  having  vindicated  the  President,  the 
Vice-President,  Mr.  Grundy,  Mr.  Taney,  and 


himself,  from  the  unfounded  imputations  of  the 
committee,  so  gratuitously  presented,  so  un- 
warranted in  fact,  and  so  foreign  to  the  purpose 
for  which  they  were  appointed,  Mr.  Benton 
laid  hold  of  some  facts  which  had  come  to 
light  for  the  purpose  of  showing  the  misconduct 
of  the  bank,  and  to  invalidate  the  committee's 
report.  The  first  was  the  i;rans]iortation  of  specie 
to  London  while  pressing  it  out  of  the  com- 
munity here.    He  said : 

"  He  had  performed  a  duty,  which  ought  not 
to  be  delayed  an  hour,  in  defending  himself,  thy 
President,  and  Mr.  Taney,  from  the  sad  injustice 
of  that  report;  the  report  itself,  with  all  its 
elaborate  pleadings  for  the  bank, — its  errors  of 
omission  and  commission, — would  come  up  for 
argument  aftc  it  was  printed  ;  and  when,  with 
Go'l's  blessing,  and  the  help  of  better  han  Is.  he 
would  hope  to  show  that  it  was  the  duty  of  tiie 
Senate  to  recommit  it,  with  instructions  to  ex- 
amine witnesses  upon  oath,  and  to  bring  out 
that  secret  history  of  the  institution,  wliich 
seems  to  have  been  a  sealed  book  to  the  com- 
mittee. For  the  present,  he  would  brin^  to 
light  two  facts,  detected  in  the  intricate  mazes 
of  the  monthly  statements,  which  would  fix  at 
once,  both  the  character  of  the  bank  and  tlie 
character  of  the  report;  the  bank,  for  its  au- 
dacity, wickedness  and  falsehood;  ti,o  report, 
for  its  blindness,  fatuity,  and  partiality. 

"  The  bank,  as  all  America  knows  (said  Mr, 
B.),  filled  the  whole  country  with  the  endless 
cry  which  had  been  echoed  and  re-echoed  from 
this  chamber,  that  the  removal  of  the  deposits 
had  laid  her  under  the  necessity  of  curtailing 
her  debts ;  had  compelled  her  to  call  in  her  loans, 
to  fill  the  vacuum  in  her  coffers  produced  liy 
this  removal ;  and  thus  to  enable  hcrsilf  to 
stand  the  pressure  which  the  '  hostility '  of  tiie 
government  was  bringing  upon  her.  This  was 
the  assertion  for  six  long  months ;  and  now  let 
facts  confront  this  assertion,  and  reveal  tlie 
truth  to  an  outraged  and  insulted  comiuiuiitv. 

"  The  first  fact  (said  Mr.  B.),  is  the  transftT 
of  the  moneys  to  London,  to  lie  there  idle,  while 
squeezed  out  of  the  people  here  during  tlic  i>anic 
and  pressure. 

"  The  cry  of  distress  was  raised  in  December, 
at  the  meeting  of  Congress ;  and  diirin;;;  that 
month  the  sum  of  $l'2i),7C4  was  transferred  by 
the  bank  to  its  agents,  the  Barings.  This  cry 
waxed  stronger  till  July,  and  until  that  time 
the  monthly  transfers  were  : 


December, 
February, 
March, .     . 
May,  .    . 
June,    .    . 
July,     .    . 


.  $129,704 
.    355,253 

.  201,543 
,      34,749 

.   2,142,054 

.      501,950 

$3,425,313 


ANNO  1834.     ANDREW  JACKSON,  PRKSIDENT. 


485 


ifoundod  imputations  of  the 
litously  preBcntcd,  so  un- 
iid  so  foreign  to  the  purpose 
ire  appointed,  Mr.  Benton 
facts  which  had  come  to 
;  of  showing  the  misconduct 
o  invalidate  the  committee's 
Id  the  iransiK)rtation  of  specie 
pressing  it  out  of  the  corn- 
said: 

ned  a  duty,  which  ought  not 
our,  in  defending  himself,  the 
Taney,  from  the  sad  injustice 
,e  report  itself,  with  all  its 
3  for  the  bank,— its  errors  of 
mission,— would  come  up  for 
was  printed  ;  and  when,  with 
d  the  help  of  better  hunlshe 
)W  that  it  was  the  duty  of  the 
it  it,  with  instructions  to  ex- 
upon  oath,  and  to  brni},'  out 
ry  of  the   institution,  which 
en  a  sealed  book  to  the  om- 
prcsent,   he  would  brin^  to 
letected  in  the  intricate  nmzes 
tatements,  which  would  fix  at 
liaracter  of  the  bank  and  the 
report ;  the  bank,  for  its  au- 
B8  and  falsehood;  ti.e  report, 
fatuity,  and  partiality, 
all  America  knows  (said  Mr. 
lole  country  with  the  endless 
'en  echoed  and  re-echoed  tiom 
It  the  removal  of  the  deposits 
ier  the  necessity  of  cnrtnihng 
mpelled  her  to  call  in  her  loans, 
n  in  her  coffers  produced  hy 
nd  thus  to  enable  hcrsilf  to 
e  which  the  '  hostility '  of  tlie 
bringing  upon  her.    This  was 
six  long  months  ;  and  now  let 
his  assertion,  and  reveal  the 
ged  and  insulted  comnuiuity. 
(said  Mr.  B.),  is  the  transfer 
London,  to  lie  there  idle,  wlulc 
lie  people  here  during  the  panic 

.stress  was  raised  in  December, 
of  Congress ;  and  during  that 
)f  Sl'-i^'^J*^'^  was  transferred  by 
agents,  the  Barings.  This  cry 
till  July,  and  until  that  time 
iisfers  were : 

•  •   •  •  '^^^o.J'fif 

.     .    .    355,253 
.      201,543 

.    .     .   2,142,054 
.     .      501,950 


$3,425,313 


Making  the  sum  of  near  three  millions  and  a 
half  transferred  to  London,  to  lie  idle  in  the 
hands  of  an  agent,  while  that  very  money  was 
eqiioezed  out  of  u  few  cities  here ;  and  the  whole 
country,  and  the  halls  of  Congress,  were  filled 
witli  the  deafening  din  of  the  cry,  that  the  bank 
WHS  forced  to  curtail,  to  supply  the  loss  in  her 
own  collers  fr^^m  the  removal  of  the  deposits ! 
Anil  worse  •  ■  i  The  bank  had,  in  the  hands 
of  the  same  iits,  a  large  sum  when  the  trans- 
fers of  these  panic  collections  began;  making  in 
tlie  whole,  the  sum  of  $4,201,201,  on  the  lirst 
day  of  July  last,  which  was  lying  idle  in  her 
asents'  hands  in  London,  drawing  little  or  no 
interest  there,  while  squeezed  out  of  the  hands 
of  tliose  who  were  paying  bank  interest  here, 
near  seven  per  cent. ;  and  had  afterwards  to  go 
into  brokors'  hands  to  borrow  at  one  or  two  per 
cent,  a  month.  Even  now,  at  the  last  returns 
on  the  first  dav  of  this  month,  about  two  mil- 
lions and  a  half  of  this  money  (!ii;2,()78,0()G)  was 
still  lying  idle  in  the  hands  of  the  Barings ! 
waiting  till  foreign  exchange  can  be  put  up  again 
to  ci?ht  or  ten  per  cent.  The  enormity  of  this 
conduct,  Mr.  B.  said,  was  aggravated  by  the 
notorious  fact,  tliat  the  transfers  of  this  money 
were  made  by  sinking  the  price  of  exchange  a.s 
low  as  five  jter  cent,  below  par,  when  shippers 
and  planters  had  bills  to  sell ;  and  raising  it 
eiglit  per  cent,  above  par  when  merchants  and 
importers  had  to  buy  ;  thus  double  taxing  the 
conuneice  of  the  country — double  taxing  the 
producer  and  consumer — and  making  a  fluctua- 
tion of  thirteen  per  c«nt.  in  foreign  exchange, 
in  the  brief  space  of  six  months.  And  all  this 
to  11  ake  money  scarce  at  home  while  charging 
that  scarcity  upon  the  President !  Thus  com- 
bining calumny  and  stock-jobbing  with  the 
diaholical  attempt  to  ruin  the  country,  or  to 
rule  it." 

The  next  glaring  fact  which  showed  the  enor- 
mous culpability  of  the  bank  in  making  the 
pressure  and  distress,  was  the  abduction  of 
about  a  million  and  a  quarter  of  hard  dollars 
from  New  Orleans,  while  distressing  the  busi- 
ness community  there  by  refusal  of  discounts 
and  the  curtailment  of  loans,  under  pretence  of 
making  up  what  she  lost  there  by  the  removal 
of  the  deposits.  The  fact  of  tlie  abduction  was 
detected  in  the  monthly  reports  still  made  to 
the  Secretary  of  the  Treasury,  and  was  full  proof 
of  the  wantonness  and  wickedness  of  the  pres- 
sure, as  the  amount  thus  squeezed  out  of  the 
community  was  immediately  transferred  to  Phi- 
ladelphia or  New- York ;  to  be  thence  shipped  to 
London.  Mr. Benton  thus  exposed  this  iniquity: 

"  The  next  fact,  Mr.  B.  said,  was  the  abduction 
of  an  immense  amount  of  specie  from  New  Or- 
leans, at  the  moment  the  Western  produce  yvaa 


arriving  there ;  and  thus  disabling  the  merchants 
from  buying  that  produce,  and  thereby  sinking 
its  price  nearly  one  half;  and  all  under  the  false 
pretext  of  supplying  the  loss  in  its  coifers,  occa- 
sioned by  the  removiil  of  the  deposits. 

'•The  falsehood  and  wickedness  of  this  con- 
duct will  appear  from  the  fact,  that,  at  the  time 
of  the  removal  of  the  deposits,  in  October,  the 
public  deposits,  in  the  New  Orleans  branch,  were 
far  less  than  the  amount  afterwards  curtailed, 
and  sent  off;  and  that  these  deposits  were  not 
entirely  drawn  out,  for  manj'  months  after  the 
curtailment  and  abduction  of  the  money.  Thus, 
the  public  deposits,  in  October,  were : 

"  In  the  name  of  the  Treasurer 

of  the  United  States,  $294,228  02 

"  In  the  name  of  public  officers,      173,704  04 

$407,993  20 

"In  all,  less  than  half  a  million  of  dollars. 
"  In  March,  there  was  still  on  hand : 

"  In  the  name  of  the  Treasurer,    $40,200  28 
"In  the  name  of  public  officers,      03,071  80 

$103,938  08 

"In  all,  upwards  «f  one  hundred  thousand 
dollars;  and  making  the  actual  withdrawal  of 
deposits,  at  that  branch,  but  $300,000,  and  that 
paid  out  gradually,  in  the  discharge  of  govern- 
ment demands. 

"  Now,  what  was  the  actual  curtailment,  dur- 
ing the  same  period  ?  It  is  shown  ii  oni  the 
monthly  statements,  that  these  curtailments,  on 
local  loans,  were  $788,904 ;  being  upwards  of 
double  the  amount  of  deposits,  miscalled  re- 
moved; for  they  were  not  removed;  but  only 
paid  out  in  the  regular  progress  of  government 
disbursement,  and  actually  remaining  in  the  mass 
of  circulation,  and  much  of  it  in  the  bank  itselt 
But  the  specie  removed  during  the  same  time ! 
that  was  the  fact,  the  damning  fact,  upon  which 
he  relied.    This  abduction  was : 

"In  the  month  of  No- 
vember, $334,647  )   , ,.   ,  ^ 
"  In  the  month  of  March,     808,084  ^  °« «^  <««* 

$1,142,731 

"  Making  near  a  million  and  a  quarter  of  dol- 
lars, at  the  least.  Mr.  B.  repeated,  at  the  least ; 
for  a  monthly  statement  does  not  show  the  ac- 
cumulation of  the  month  which  might  also  be 
sent  off;  and  the  statement  could  only  be  relied 
on  for  so  much  as  appeared  a  month  before  the 
abduction  was  made.  Probably  the  sum  was 
upwards  of  a  million  and  a  quarter  of  hard  dol- 
lars, thus  taken  awUy  from  New  Orleans  last 
winter,  by  stopping  accommodations,  calling  in 
loans,  breaking  up  domestic  exchange,  creating 
panic  and  pressure,  and  sinking  the  price  of  all 
produce;  that  the  mother  bank  might  transfer 
funds  to  London,  gamble  in  foreign  exchange, 


486 


THIRTY  YEARS'  VIEW. 


spread  dcpolation  and  terror  through  the  land ; 
and  then  charjrc  the  whole  tipon  the  President 
of  the  United  States ;  and  end  with  the  grand 
consummation  of  bringing  a  new  political  party 
into  power,  and  perpetuating  its  own  charter." 

Mr.  Benton  commented  on  the  barefacedness 
of  running  out  an  immense  line  of  discounts,  so 
soon  done  after  the  rise  of  the  last  session  of 
Congress,  and  so  suddenly,  that  the  friends  of 
the  bank,  in  remote  places,  not  haying  had  time 
to  be  informed  of  the  "  reversal  of  the  bank 
screws,"  were  still  in  full  chorus,  justifying  the 
curtailment ;  and  concluded  with  denouncing 
the  report  as  ex  -parte,  and  remarking  upon  the 
success  of  the  committee  in  finding  what  they 
were  not  sent  to  look  for,  and  not  finding  what 
they  ought  to  have  found.     He  said : 

"  These  are  some  of  the  astounding  iniquities 
which  have  escaped  the  eyes  of  the  committee, 
while  they  have  been  so  successful  in  their  anti- 
quarian researches  into  Andrew  Jackson's  and 
Felix  Grundy's  letters,  ten  or  twenty  years  ago, 
and  into  Martin  Van  Burcn's  and  Thomas  H.  Ben- 
ton's, six  or  eight  years  ago ;  letters  which  every 
public  man  is  called  iipon  to  give  to  his  neighbors, 
or  constituents ;  which  no  public  man  ought  to 
refuse,  or,  in  all  probability  ever  did  refuse ;  and 
which  are  so  ostentatiously  paraded  in  the  re- 
1)01 1,  and  so  emphatically  read  in  this  chamber, 
with  pawse  and  gesture;  and  with  such  a  sym- 
patl'.etic  look  for  the  expected  smile  from  the 
friends  of  the  bank  ;  letters  which,  so  far  as  he 
was  concerned,  had  been  used  to  make  the  com- 
mittee the  organ  of  a  falsehood.  And  now,  Mr. 
B.  would  be  glad  to  know,  who  put  the  commit- 
tee on  the  scent  of  those  old  musty  letters :  for 
there  was  nothing  in  the  resolution,  under  wnich 
they  acted,  to  conduct  their  footsteps  to  the  silent 
covert  of  that  small  game." 

Mr.  Tyler  made  a  brief  reply,  in  defence  of 
the  report  of  the  committee,  in  which  he  said : 

"  The  senator  from  Missouri  had  denominated 
the  report '  an  elaborate  defence  of  the  bank.' 
He  had  said  that  it  justified  the  bank  in  its 
course  of  curtailment,  during  the  last  winter 
and  the  early  part  of  the  summer.  Sir,  if  the 
honorable  senator  had  paid  more  attention  to 
the  reading,  or  had  waited  to  have  it  in  print,  he 
would  not  have  hazarded  such  a  declaration. 
He  would  have  perceived  that  that  whole  ques- 
tion was  submitted  to  the  decision  of  the  Senate. 
The  committee  had  presented  both  sides  of  the 
question — the  view  most  favorable,  and  that 
most  unfavorable,  to  the  institution.  It  exhib- 
ited the  measures  of  the  Executive  and  those  oi 
the  bank  consequent  upon  them,  on  the  one 
side,  and  the  available  resources  of  the  bank  on 
the  other.  The  fact  that  its  circulation  of 
^19,000.000  was   protected   by  specie  to  the 


amount  of  $10,000,000,  and  claims  on  the  State 
banks  exceedinglg;2,000,000,  which  were  equal  to 
specie — that  its  purchase  of  domestic  cxchan^o 
had  so  declined,  from  May  to  October,  as  to 
place  at  its  disposal  more  than  $r),000,(JOO  ; 
something  more  than  a  doubt  is  expressed 
whether,  under  ordinary  circumstances,  the 
bank  would  have  been  justified  in  curtailing  its 
f^'scounts.  So,  too,  in  n-gard  to  a  perseverance 
lia  its  measures  of  precaution  as  long  as  it  did, 
a  summary  of  facts  is  given  to  enable  the  Sen- 
ate to  decide  upon  the  propriety  of  the  course 
pursued  by  the  bank.  The  eflbrt  of  the  com- 
mittee has  been  to  present  these  subjects  fairly 
to  the  Senate  and  the  country.  1'hcy  have 
sought '  nothing  to  extenuate,'  nor  have  they 
'  set  down  ought  in  malice.'  The  statements 
are  presented  to  the  senator,  for  his  calm  aiul 
deliberate  consideration — to  each  senator,  to  be 
weighed  as  becomes  his  high  station.  And  what 
is  the  course  of  the  honorable  senator  ?  The 
moment  ho  (Mr.  T.)  could  return  to  his  seat 
from  the  Clerk's  table,  the  gentleman  pounces 
upon  the  report,  and  makes  assertions  whicii  a 
careful  perusal  of  it  would  cause  him  to  know 
it  does  not  contain.  On  one  subject,  the  con- 
troversy relative  to  the  bill  of  exchange,  ami 
the  damages  consequent  on  its  protest,  the  com- 
mittee had  expressed  the  opinion,  that  the  gov- 
ernment was  in  error,  and  he,  as  a  member  of 
that  committee,  would  declare  his  own  convic- 
tion that  that  opinion  was  sound  and  maintain- 
able before  any  fair  and  impartial  tribunal  in 
the  world.  Certain  persons  started  back  with 
alarm,  at  the  mere  mention  of  a  court  of  jtistiw. 
The  trial  by  jury  had  become  hateful  in  their 
eyes.  The  gi-eat  principles  of  ihctgna  charla 
are  to  be  overlooked,  and  the  declarations  con- 
tained in  the  bill  of  rights  are  become  too  old- 
fashioned  to  be  valuable.  Popular  prejudices 
are  to  be  addressed,  and  instead  of  an  apjieai  to 
the  calm  judgment  of  mankind,  every  luridng 
prejudice  is  to  be  awakened,  because  a  coijiora- 
tion,  or  a  set  of  individuals,  have  believed  tli"iu- 
selves  wronged  by  the  accounting  oflicers  of  tlio 
treasury,  and  have  had  the  temerity  and  impu- 
dence to  take  a  course  calculated  to  bring  tiieir 
rights  before  the  forum  of  the  courts.  Let  tlioje 
who  see  cause  to  pursue  this  course  rejoice  as 
they  may  please,  and  exult  in  the  success  wiiicli 
attends  it.  For  one,  I  renounce  it  as  unworthy 
American  statesmen.  The  committee  had  ad- 
dressed a  sober  and  temperate  but  firm  argu 
ment,  upon  this  subject,  to  the  Senate ;  and, 
standing  in  the  presence  of  that  august  body, 
and  before  the  whole  American  people,  he  rest- 
ed upon  that  argument  for  the  truth  of  the  opin- 
ion advanced.  An  opinion,  for  the  honesty  of 
which,  on  his  own  part,  he  would  avouch,  after 
the  most  solemn  manner,  under  the  unutterable 
obligations  he  was  under  to  his  Creator. 

"  The  senator  had  also  spoken  in  strong  lan- 
guage as  to  that  part  of  the  report  which  related 
to  the  committee  of  exchange.  He  had  said 
that  a  false  issue  had  been  presented — that  the 


€ 


•f 


ANNO  1835.    ANDREW  JACKSON,  TRESIDENT. 


487 


1,000,  anil  claims  on  the  State 
!,000,000,  which  were  equal  to 
r'chase  of  domestic  exchange 
rom  May  to  October,  as  to 
)sal  more   than   $5,000,000; 
than   a  doubt    is    expressed 
ordinary   circumstances,    the 
)een  justified  in  curtailinp;  its 
),  in  n'gard  to  a  perseverance 
precaution  as  long  as  it  did, 
ts  is  given  to  enable  the  Scu- 
i  the  propriety  of  the  course 
ink.    The  effort  of  the  com- 
present  these  subjects  fairly 
id  the  country.     They  have 
o  extenuate,'  nor  have  tlioy 
in  malice.'    The  statements 
the  senator,  for  his  calm  and 
ration — to  each  senator,  to  be 
es  his  high  station.   And  what 
the  honorable  senator?    The 
T.)  could  return  to  his  scat 
table,  the  gentleman  pounces 
ind  makes  assertions  whicli  a 
f  it  would  cause  him  to  know 
ain.     On  one  subject,  the  con- 
to  the  bill  of  exchange,  ami 
equcnt  on  its  protest,  the  com- 
3sed  the  opinion,  that  the  pov- 
error,  and  he,  as  a  member  of 
ftould  declare  his  own  convlc- 
inion  was  sound  and  maintain- 
fair  and  impartial  tribunal  in 
^in  persons  started  back  with 
D  mention  of  a  coint  of  justice. 
had  become  hateful  in  their 
principles  of  vuigna  churta 
ked,  and  the  declarations  con- 
of  rights  are  become  too  old- 
valuable.     Popular  prejudices 
ed,  and  instead  of  an  appeal  to 
mt  of  mankind,  every  lurking 
awakened,  because  a  corporii- 
idividuals,  have  believed  th"in- 
y  tlic  accounting  officers  of  the 
ve  had  the  temerity  and  inipu- 
ourse  calculated  to  bring  their 
forum  of  the  courts.  Let  tliose 
0  pursue  this  course  rejoice  as 
and  exult  in  the  success  wliieh 
one,  I  renounce  it  as  unworthy 
nen.    The  committee  had  ad- 
and  temperate  but  firm  argu 
subject,  to  the  Senate;  and, 
presence  of  that  august  body, 
hole  American  people,  he  rest- 
ument  for  the  truth  of  the  opin- 
in  opinion,  for  the  honesty  of 
'n  part,  he  would  avouch,  after 
manner,  under  the  unutterahle 
as  under  to  his  Creator, 
lad  also  spoken  in  strong  Ian- 
part  of  the  report  which  related 
;e  of  exchange.    He  had  said 
had  been  presented— that  the 


late  Secretary  of  the  Treasury  Hlr.  Taney^  had 
Hovcr  contended  that  the  bank  iiad  no  right  to 
api)oint  a  committee  of  exchange — that  such  a 
cominif.tee  was  appointed  by  all  banks.  In  this 
last  declaration  the  gentlemai?  is  correct.  All 
banks  have  a  committee  to  purchase  exchange. 
But  Mr.  T.  would  admoni.sh  the  gentleman  to 
beware.  lie  would  find  himself  condemning 
him  whom  he  wished  to  defend.  Mr.  Taney's 
very  language  is  quoted  in  the  report.  He  places 
the  violation  of  the  charter  distinctly  on  the 
ground  that  the  business  of  the  bank  is  intrust- 
ed to  three  members  on  the  exchange  committee, 
when  the  charter  requires  that  not  los.s  than 
seven  shall  constitute  a  board  to  do  business. 
Ills  very  words  are  given  in  the  report,  so  that 
he  cannot  be  misunderstood ;  and  the  commen- 
tary of  the  committee  consists  in  a  mere  narra- 
tive of  facts.  Lit.tlc  more  is  done  than  to  give 
f.icts,  and  the  honorable  senator  takes  the  alarm ; 
and,  in  his  effort  to  rescue  the  late  Secretary 
fioin  their  influence,  plunges  him  still  deeper 
into  difficulty. 

"  The  senator  had  loudly  talked  of  the  com- 
mittee having  been  made  an  instrument  of,  by 
the  bank.  For  himself,  he  renounced  the  as- 
cription, lie  would  tell  the  honorable  senator 
that  he  could  not  be  made  an  instrument  oi'  by 
the  bank, or  by  a  still  greater  and  more  formidable 
power,  the  administration.  He  stood  upon  that 
lloor  to  accomplish  the  purposes  for  which  he 
was  sent  there.  In  the  consciousness  of  his 
own  honesty,  he  stood  firm  and  erect.  He  would 
worsliip  alone  at  the  shrine  of  truth  and  of  lionor. 
it  was  a  precious  thing,  in  the  eyes  of  some 
men,  to  bask  in  the  sunshine  of  pouer.  He 
rested  only  upon  the  support,  which  had  never 
failed  him,  of  the  high  and  lofty  feelipgs  of  his 
constituents.  He  would  not  be  an  instrument 
even  in  tiieir  hands,  if  it  were  possible  for  them 
to  require  it  of  him,  to  gratify  an  uni  ighteous 
motive." 


CHAPTER    CXVII. 

TEENCII  SPOLIATIONS  BEFORE  1800. 

These  claims  had  acquired  an  imposing  aspect 
by  this  time.  They  were  called  "  prior  "  to  the 
year  1800 ;  but  how  much  prior  was  not  shown, 
and  they  might  reach  back  to  the  establishment 
of  our  independence.  Their  payment  by  the 
United  States  rested  upon  assumptions  which 
constituted  the  basis  of  the  demand,  and  on 
which  the  bill  was  framed.  It  assumed,_/?/'Sf — 
I'hat  i'legal  seizures,  detentions,  captures,  con- 
demnations, and  confiscations  were  made  of  the 
vessels  and  property  of  citizens  of  the  United 


States  b^.fore  the  period  mentioned.  Secondly 
— That  those  acts  were  committed  by  such  or- 
ders and  under  such  circumstances,  as  gave  the 
KufPercrs  a  right  to  indemnity  from  the  French 
government.  Thiidhj — That  these  claims  had 
been  annulled  by  the  United  States  for  public 
considerations.  Fourthly — That  this  annul- 
ment gave  these  sufferers  a  just  claim  upon  the 
United  States  for  the  amount  of  their  losses. 
Upon  these  four  assumptions  the  bill  rested — 
some  of  them  disputable  in  pomt  of  fact,  and  others 
in  point  of  law.  Of  these  latter  was  the  assump- 
tion of  the  liability  of  the  United  States  to  be- 
come paymasters  themselves  in  cases  where 
failing,  by  war  or  negotiation,  to  obtain  redress 
they  make  a  treaty  settlement,  surrendering  or 
abandoning  claims.  This  is  an  assumption  con- 
trary to  reason  and  law.  Every  nation  is  bound 
to  give  protection  to  the  jjcrsons  and  property 
of  their  citizens ;  but  the  government  is  the 
judge  of  the  measure  and  degree  of  that  pro- 
tection ;  and  is  not  bound  to  treat  for  ever,  or 
to  fight  for  ever,  to  obtain  such  redress.  After 
having  done  its  best  for  the  indemnity  of  some 
individuals,  it  is  bound  to  consider  what  is  duo 
to  the  whole  community — and  to  act  accordingly; 
and  the  unredressed  citizens  have  to  put  up 
with  their  losses  if  abandoned  at  the  general  set- 
tlement which,  sooner  or  later,  must  terminate 
all  national  controversies.  All  this  was  well 
stated  by  Mr.  Bibb,  of  Kentucky,  in  a  speech  on 
these  French  claims  upon  the  bill  of  the  pre- 
sent year.     He  said : 

"He  was  well  aware  that  tlie  interests  of 
individuals  ought  to  be  supported  by  their  gov- 
ernments to  a  certain  degree,  but  he  did  not 
think  that  governments  were'  bound  to  push 
such  interest  to  the  extremity  of  war — he  did 
not  admit  that  the  rights  of  the  whole  were  to 
be  jeoparded  by  the  claims  of  individuals — the 
safety  of  the  community  was  paramount  to  the 
claims  of  private  citizens.  He  would  proceed 
to  see  if  the  interests  of  our  citizens  had  been 
neglected  by  this  government.  These  claims 
have  been  urged  from  j-ear  to  year,  with  all  the 
earnestness  and  zeal  due  from  the  nation.  But 
they  went  on  from  bad  to  worse,  till  negotia- 
tions were  in  vain.  We  then  assumed  a  hostile 
position.  During  the  year  '98,  more  than 
twenty  laws  were  passed  by  Congress  upon  this 
very  subject — some  for  raisiiig  troops — some  for 
providing  arms  and  mimitions  of  war — some  for 
fitting  out  a  naval  force,  and  so  on.  Was  this 
neglecting  the  claims  of  our  citizens?  We 
went  as  far  as  the  interests  of  the  nation  would 
peroiit.     We  prosecuted  these  claims  to  the 


;*'     II 


\  *    -i 


•  t  H 


<>■ 


1      ill  »  }i|li  f     '  '  'I 

i    h>'T  '    mli  ,  "    1  r 


488 


THIRTY  YEAItS'  VIEW. 


iilli 


T  I /I; 


'Hi 


"III 


'h 


very  vcrftc  of  jiliinjjing  into  that  dreadful  war 
then  desoIiitin{?  Etiroi)©.  Tlic  government  then 
is*iued  its  prochunation  of  neutrality  and  non- 
intercourse.  Mr.  ]{.  next  proceeded  to  show 
that  France  had  no  just  claims  upon  us,  aris- 
in)^  fi-oni  the  guaranty.  This  guaranty  against 
France  was  not  considered  binding,  even  by 
France  herself,  any  further  than  was  consistent 
with  our  relations  with  other  nations  ;  that  it 
wa.s  so  dcclaied  by  her  minister ;  and,  moreover, 
that  she  acknowledged  the  justice  of  our  neu- 
trality'. 'I'hese  treaties  had  been  violated  by 
France,  and  the  United  States  could  not  surely 
be  bound  by  treaties  which  she  had  herself  vio- 
lated; and  consecpiently,  we  were  under  no 
obligation  on  account  uf  the  guarant}'.  Mr.  B. 
went  on  to  show  that,  by  the  terms  of  the 
treaty  of  1800,  the  debts  due  to  our  citizens 
had  not  been  relinquished: — that  as  the  guaran- 
ty did  not  exist,  and  as  tiie  claims  had  not 
been  abandoned,  Mr.  B.  concluded  that  these 
claims  ought  not  to  be  paid  by  this  government. 
lie  was  opposed  to  going  back  thirty-four  years 
to  sit  in  judgment  on  the  constituted  authori- 
ties of  tiiat  time.  There  should  be  a  stability 
in  the  government,  and  he  was  not  disposed  to 
question  the  judgment  of  the  man  (Washing- 
ton) who  has  justly  been  called  the  first  in  war 
and  the  lirst  in  peace.  We  are  sitting  here  to 
rejudge  tlu;  decinions  of  the  government  thirty- 
four  years  since." 

This  is  well  stated,  and  the  conclusion  just 
and  logical,  that  we  ought  not  to  go  back  thir- 
ty-four years  to  call  in  question  the  judgment 
of  Washington's  administration.  He  was  look- 
ing to  the  latest  date  of  the  claims  when  he  said 
thirty-four  years,  which  surely  was  enough ; 
but  AVashington's  decision  in  his  proclamation 
of  neutrality  was  seven  years  before  that  time  ; 
and  the  claims  themselves  have  the  year  1800 
for  their  period  of  limitation — not  of  commence- 
ment, which  was  many  years  before.  This 
doctrine  of  governmental  liability  when  aban- 
doning the  claims  of  citizens  for  which  indem- 
nity could  not  be  obtained,  is  unknown  in  other 
countries,  and  was  unknown  in  ours  in  the  ear- 
lier ages  of  the  government.  There  was  a  case 
of  this  abandonment  in  our  early  history  which 
rested  upon  no  "assumption"  of  fact,  but  on 
the  fact  itself;  and  in  which  no  attempt  was 
made  to  enforce  the  novel  doctrine.  It  was  the 
case  of  the  slaves  carried  off  by  the  British 
troops  at  the  close  of  the  Revolutionary  War, 
and  for  which  indemnity  was  stipulated  in  the 
treaty  of  peace.  Great  Britain  refuted  that  in- 
demnity ;  and  after  vain  efforts  to  obtain  it  by 
the  Con^KBS  of  the  confederation,  and  after- 


wards under  Washington's  administration,  this 
claim  of  indemnity,  no  longer  resting  upon  a 
claim  of  the  sufferers,  but  upon  a  treaty  stipu. 
lation — upon  an  article  in  a  treaty  for  their 
benefit — was  abandoned  to  obtain  a  general  ad- 
vantage for  the  whole  community  in  the  com- 
mercial treaty  with  Great  Britain.  As  these 
claims  for  French  spoliations  are  still  continued 
(18")0),  I  give  some  of  the  speeches  for  and 
against  them  fifteen  years  ago,  believing  that 
they  present  the  strength  of  the  argument  on 
both  sides.  The  opening  speech  of  i\Ir.  Web- 
ster presented  the  case : 

"  lie  should  content  himself  with  stating  very 
briefly  an  outline  of  the  grounds  on  which  these 
claims  are  supposed  to  rest,  and  then  leave  the 
subject  to  tlie  consideration  of  the  Senate.  lie, 
however,  should  be  happy,  in  the  course  of  the 
d-batc,  to  miike  such  cxplansitions  as  might  be 
called  for.  It  would  be  seen  that  the  bill  pro- 
posed to  make  satisfaction,  to  an  amount  not 
exceeding  five  millions  of  dollars,  to  such  citi- 
zens of  the  United  States,  or  their  legal  repre- 
sentatives, as  had  valid  claims  for  indemnity  ou 
the  French  government,  rising  out  of  illegal 
captures,  detentions,  and  condemnations,  made 
or  committed  on  their  property  prior  to  the 
30th  day  of  September,  1800.  This  bill  sup- 
posed two  or  three  leading  propositions  to  be 
true,    i 

"  It  supposed,  in  the  first  place,  that  illegal 
seizures,  detentions,  captures,  condemnations 
and  confiscations,  were  made,  of  the  ve>sels  and 
property  of  the  citizens  of  the  United  States, 
before  the  30th  September,  1800. 

"  It  suppo.sed,  in  the  second  place,  that  llie.w 
acts  of  wrong  were  committed  by  such  orders 
and  under  such  circumstances,  as  that  the  sif' 
ferers  had  a  just  right  and  claim  for  indemnity 
from  the  hands  of  the  government  of  Franc** 

"  Going  on  these  two  propositions,  the  bill 
assumed  one  other,  and  that  was,  that  all  such 
claims  on  France  as  came  within  a  prescribed 
period,  or  down  to  a  prescribed  period,  had  been 
annulled  by  the  United  States,  and  that  this 
gave  them  a  right  to  claim  indemnity  from  this 
government.  It  supposed  a  liability  in  justice^ 
in  fairness  and  equity,  on  the  part  of  this  gov 
ernment,  to  make  the  indemnity.  These  were 
the  grounds  on  which  the  bill  was  framed. 
That  there  were  many  such  confiscations  no  ono 
doubted,  and  many  such  acts  of  wrong  as  ncro 
mentioned  in  the  first  section  of  the  bill.  Tha* 
they  were  committed  by  Frenchmen,  and  under 
such  circumstances  as  gave  those  who  suflered 
wrong  an  unquestionable  right  to  claim  indem- 
nity from  the  French  government,  nobody,  he 
sui)posed,  at  this  day,  would  question.  There 
were  two  questions  which  might  be  made  the 
subject  of  discussion,  and  two  only  occurred  to 


Dgton's  adininistrution,  this 
no  longer  resting  upon  a 
rs,  but  upon  a  treaty  stipu- 
tide  in  a  treaty  for  their 
oncd  to  obtain  a  general  td- 
jIo  community  in  the  cora- 
1  Great  Britain.    As  these 
joliations  are  still  continued 
le  of  the  speeches  for  and 
n  years  ago,  believing  that 
trcngth  of  the  argument  on 
pening  speech  of  Mr.  Web- 
:ase : 

ent  himself  with  stating  very 
r  the  grounds  on  which  these 
1  to  rest,  and  then  leave  the 
ideration  of  the  Senate.    lie, 
e  happy,  in  the  course  of  the 
ich  explanations  as  might  be 
Id  be  seen  that  the  bill  pvo- 
itisfaction,  to  an  amount  not 
lions  of  dollars,  to  such  citi- 
tl  States,  or  their  legal  repre- 
valid  claims  for  indemnity  on 
[•nment,  rising  out  of  illegal 
ns   and  condemnations,  made 
their  property  prior  to  tlie 
ember,  1800.    This  bill  sup- 
'C  leading  propositions  to  be 

n  the  first  place,  that  illegal 
ns,  captures,    condemnations 
were  made,  of  the  voscls  and 
itizens  of  tiic  United  States, 
■ptomber,  1800. 
n  the  second  place,  that  tliew 
re  committed  by  such  orders 
ircumstances.  as  that  the  stf' 
ight  and  claim  for  indemnity 
the  government  of  Franc** 
Ise  two  projwsitions,  the  bill 
',  and  that  was,  that  all  such 
as  came  within  a  prescribed 
f  a  prescribed  period,  had  been 
fUnited  States,  and  that  this 
to  claim  indemnity  from  this 
mpposed  a  liability  in  justice, 
Liity,  on  the  part  of  this  gov 
the  indemnity.    These  were 
Iwhich  the  bill   was  framed, 
lany  such  confiscations  no  ono 
iy  such  acts  of  wrong  as  \vcr> 
Hrst  section  of  the  bill.    Thaf 
ted  by  Frenchmen,  and  under 
ES  as  gave  those  who  suflercd 
[tionable  right  to  claim  indem- 
ench  government,  nobody,  ho 
day,  would  question.    There 
ns  which  might  be  made  tlie 
on,  and  two  only  occurred  to 


.■T  r 


ANNO  18.S5.    ANDREW  JACKSON,  PRESIDENT. 


489 


Jv 


him  at  that  moment.  The  one  wm,  '  On  what 
ground  was  the  government  of  the  United  States 
answerable  to  any  e.\tent  for  the  injury  done  to 
these  claimants  ? '  The  other, '  To  what  extent 
was  the  government  in  justice  bound?'  And 
ij-,.j./ — of  the  first.  '  Why  was  it  that  the  gov- 
ernment of  the  United  States  had  become  re- 
sponsible in  law  or  equity  to  its  citizens,  for  the 
claims — for  any  indemnity  for  the  wrongs  com- 
mitted on  their  commerce  by  the  subjects  of 
Franee  before  1800?' 

••  'l"o  tliis  question  there  was  an  answer,  which, 
whether  satisfactory  or  not,  had  at  least  the 
merit  of  being  a  very  short  one.  It  was,  that, 
by  a  treaty  between  France  and  the  United 
States,  bearing  date  the  30th  of  September, 
1800.  in  a  political  capacity,  the  government  of 
the  United  States  discharged  and  released  the 
government  of  France  from  this  indemnity.  It 
went  upon  the  ground,  which  was  sustained  by 
all  the  correspondence  which  had  preceded  the 
treaty  of  1800,  that  the  disputes  arising  be- 
tween the  two  countries  should  be  settled  by  a 
negotiation.  And  claims  and  pretensions  hav- 
in''  been  asserted  on  either  side,  commissioners 
on  the  part  of  the  United  States  were  sent  out 
to  assert  and  maintain  the  claims  of  indemnity 
wliich  they  demanded ;  while  commissioners  ap- 
pointed on  the  part  of  France  asserted  a  claim 
to  tlie  full  extent  of  the  stipulations  made  in  '78, 
wliich  they  said  the  United  States  had  promised 
to  fulfil.  <md  in  order  to  carry  into  effect  the 
treaty  of  .al'-ian^e  of  the  same  date,  viz. :  Feb- 
ruary, 1778. 

'•  the  negotiation  ultimately  terminated,  and  a 
treaty  was  finally  ratified  upon  the  terms  and 
conditions  of  an  offset  of  the  respective  claims 
ajiamst  each  other,  and  for  ever;  so  that  the 
United  States  government,  by  the  surrender 
and  discharge  of  these  claims  of  its  citizens,  had 
made  this  surrender  to  the  French  government 
to  obtain  for  itself  a  discharge  from  the  onerous 
liabilities  imposed  upon  them  by  the  treaty  of 
1778,  and  in  order  to  escape  from  fulfilling  other 
stipulations  proclaimed  in  the  treaty  of  com- 
merce of  that  year,  and  which,  if  not  fulfilled, 
might  have  brought  about  a  war  with  France. 
This  was  the  ground  on  which  these  claims 
rested. 

'■  Heretofore,  when  the  subject  had  been  before 
Congress,  gentlemen  had  taken  this  view  of  the 
case ;  and  he  believed  there  was  a  report  pre- 
sented to  the  Senate  at  the  time,  which  set  forth 
that  the  claims  of  our  citizens,  being  left  open, 
the  United  States  had  done  these  claimants  no 
injury,  and  that  it  did  not  exempt  the  govern- 
ment of  France  from  liability." 

Mr.  Wright,  of  New- York,  spoke  fully  against 
the  bill,  and  upon  a  close  view  of  all  the  facts 
of  the  case  and  all  the  law  of  the  case  as  grow- 
ing out  Of  treaties  or  found  in  the  law  of  nations. 
His  speech  was  no*,  only  a  niastej  ly  argument. 


but  an  historical  monument,  going  back  to  tho 
first  treaty  with  France  in  1778,  and  coming 
down  through  our  legislation  and  diplomacy  on 
French  questions  to  the  time  of  its  delivery.  A 
separate  chapter  is  due  to  this  great  speech  ; 
and  it  will  be  given  entire  in  the  next  one. 


CHAPTER  CXVITI. 

FRENCH  SPOLIATIONS  :   SPEECH  OF  MK.  WRIOHT, 
OF  NEW-YORK. 

"  Mr.  Wright  understood  the  friends  of  this 
bill  to  put  its  merits  upon  the  single  and  distinct 
ground  that  the  government  of  the  United  States 
had  released  France  from  the  payment  of  tho 
claims  for  a  consideration,  passing  directly  to 
the  benefit  of  our  government,  and  fully  equal 
in  value  to  the  claims  themselves.  Mr.  W.  said 
he  should  argue  the  several  questions  presented, 
upon  the  supposition  that  this  was  the  extent 
to  which  the  friends  of  the  bill  had  gone,  or 
were  disposed  to  go,  in  claiming  a  liability  on 
the  part  of  the  United  States  to  pay  the  claim- 
ants ;  and,  thus  understood,  he  was  ready  to 
proceed  to  an  examination  of  the  strength  of  this 
position. 

"  His  first  duty,  then,  was  to  examine  the  re- 
lations existing  between  France  and  the  United 
States  prior  to  the  commencement  of  the  dis- 
turbances out  of  which  these  claims  have  arisen ; 
and  the  discharge  of  this  duty  would  compel  a 
dry  and  uninteresting  reference  to  the  several 
treaties  which,  at  that  period,  governed  those 
relations. 

"  The  seventeenth  article  of  the  treaty  of  am- 
ity and  commerce  of  the  Gth  February,  1778, 
was  the  first  of  these  references,  and  that  article 
was  in  the  following  words : 

"  '  Art.  17.  It  shall  be  lawful  for  the  ships  of 
war  of  either  party,  and  privateers,  freely  to 
carry  whithersoever  they  plea.se  the  ships  and 
goods  taken  from  their  enemies,  without  being 
obliged  to  pay  any  duty  to  the  officers  of  the 
admiralty  or  any  other  judges  j  nor  shall  such 
prizes  be  arrested  or  seized  when  they  come  to 
or  enter  the  ports  of  either  party ;  nor  shall  the 
searchers  oi'  other  officers  of  those  places  .seaich 
the  same,  or  make  examination  concerning  the 
lawfulness  of  such  prizes  ;  but  they  may  hoist 
sail  at  any  time  and  depart  and  carry  their 
prizes  to  the  places  expressed  in  their  conuuis- 
sions,  which  the  commanders  of  such  ships  of 
war  shall  be  obliged  to  show  ;  on  the  contrary, 
no  shelter  or  refuge  shall  be  given  in  their  ports 
to  such  as  shall  have  made  prize  of  the  subjects, 
people,  or  property  of  either  of  the  parties ;  but 
if  such  shall  come  in,  being  forced  by  stress  of 


490 


TIIIFITY  YKARS"  VIKW. 


ii.  ''M 


w 


fif 


If)    „;..,Jf:J'.:lf:.i:J*.|i,U'   a, 


m 


w<'ath»T,  or  I  lie  (lan^^cr  »if  tlio  hph,  all  |iro|WT 
iHcimM  hIiiiH  lie  vifroroiiHly  ii-cd,  Mint  tlicy  j^f) 
out  find   retire  fr'irn  tlieiire  nn  soon  jih  |KmHil(Ic.' 

"  ThiH  article,  Mr.  W.  said,  wtnil'l  itc  fdiinil  to 
lie  one  of  the  most  material  of  ail  the  fiti|iiilfi- 
tifitiM  lietween  the  tuo  nations,  iti  an  exatnina- 
fion  if  tlir-  diplomatic  corrcHpondeiifM-  durin;; 
tin"  whole  period  of  the  di^tiirhnnce'!  from  the 
hreakinn  out  of  the  war  lietween  I'nince  and 
Knirland,  in  I?!!.".,  until  the  treaty  of  the  .'{Olli 
Septemhcr,  I  HOI).  The  privilej^es  elainied  liy 
Franee,  und  tlu?  rxcdiinioiiH  she  insiHied  on  an 
n|)|ilie)il)Ie  to  th(!  other  Ixdlifjerent  I'owern,  were 
fruitful  FourecH  of  eoiri|)laiiit  on  liotli  sides,  atnl 
constituted  tFiany  fnaterial  fioints  of  disa(;;ree- 
nipnt  lietween  the  two  nations  throu);h  this  en- 
tire int'Tvnl.  Whnt  these  rlaims  were  on  the 
iia:t  of  l'"ratic<',  and  how  far  they  were  admitted 
by  the  l^nil/'d  St.ites,  and  how  far  eontrove ried, 
will,  Mr.  \V.  said,  he  more  projM-rly  eotisiilerefl 
in  another  part  of  the  arf^ument.  A.-'  eonnected, 
however,  with  this  hrannh  of  t\w  relations,  he 
thou<;bt  it  tifeessary  to  refer  to  the  twenty- 
Berond  nrti<loof  the  same  treaty,  which  was  in 
the  followin;;  words: 

"  '  Arl.  L"J.  It  shall  not  he  lawful  for  any  for- 
rijrn  privateers,  not  helonji^in;;  to  siihjeets  rif  the 
Most  ChiMstian  Kin^,  nor  citizens  of  the  ,said 
Tnited  Statr-s,  who  hnve  commissions  from  any 
other  prin<:e  or  Slate  in  enmity  with  either  na- 
tion, to  lit  their  ships  in  the  ports  of  cilher  tiie 
otie  (ir  till'  other  of  the  aforesaid  parties,  to  sell 
what  they  have  taken,  or  in  any  other  manner 
whatsoever  to  exchaiig;e  their  ships,  merchan- 
dises, or  any  other  ladinj;;  neitlier  shall  they  he 
allowed  even  to  iiurchiise  victuals,  exf^ept  such 
as  shall  li(!  iie(;essary  for  their'  f^oini^  to  the  next 

Iiort  of  that  [iriiir/;  f)r  State  I'roin  whieli  they 
lave  coimnissions.' 

"  Mr.  W.  said  ho  now  pasHcd  to  a  tlifferent 
hranch  of  the  relations  hctvveen  tin-  two  c(nin- 
tries,  as  estal)lislie<l  hy  this  treaty  of  amitv  atid 
(•ommerce,  which  was  the  recijirocal  rif^lit  of 
either  to  carry  on  a  free  tradt!  with  tho  eni;mies 
of  the  other,  restricted  only  hy  the  stijiul.'.iions 
of  the  same  treaty  in  relation  to  articles  to  l»e 
considered  contrahand  of  war.  This  reci|iroi;al 
rii;ht  is  delined  in  the  twenty-third  article  of  the 
treaty,  which  is  in  the  words  following:;: 

"'Art.  2:',.  Itshall  I.elawfid  for  all  and  sinj^u- 
lar  the  stilijects  of  the  Most  Christian  Kinp;,  and 
the  citizens,  people,  and  inhahitaiits  of  the  saifl 
United  Slates,  to  sail  with  their  ships  with  all 
manner  <if  liherty  and  security,  no  distinction 
iK'in;?  made  who  are  the  projiiietorH  of  the  mer- 
chandises laden  thereon,  from  any  port  to  the 
places  of  those  who  now  are  or  hereafter  shall 
be  at  enmity  with  the  Most  (yhristian  Kin;^,  or 
the  United  States.  It  shall  likewise  he  lawful 
for  the  siihjecLs  and  inhabitants  afori^said  to  sail 
with  the  ships  and  merchandises  aforem(!nti(jned, 
und  to  trade  with  the  same  liherty  and  security 
frrjin  the  places,  ports,  and  havens  of  those  who 
arc  enemies  of  both  or  either  party,  without  any 
oppoHition  or  disturbance  whatsoever,  not  only 


directly  fioni  the  places  of  the  enemy  aforemen- 
tioned to  neutral  places,  but  also  from  one  plmi. 
helon;^in«!;  t»  an  enemy  to  another  plac»!  bcloii::- 
inj;  to  an  enemy,  whether  they  be  under  tli(< 
jurisdiction  of  th(;  same  prince,  or  under  seveml. 
Anil  it  is  hereby  stipulated  that  free  ships  hIiuH 
also  f^\\(^  a  freedom  to  >;oods,  and  that  every 
thiiif;  shall  be  cleemeil  to  \n'  fr(  e  and  exeiii|ii 
whitdi  shall  be  founrl  011  boanl  the  ships  belonj;. 
iuf;  to  the  subjects 'ifeitherrif  I  he  confederates,  111- 
tlioiif;h  the  whole  lading;,  or  any  pjirt  thereof 
shoulil  appertain  to  the  enemies  of  either,  con. 
traband  ^oods  bein^'  always  excejited.  It  isiil,f, 
a^rreed,  in  like  manner,  that  the  -anie  lilierly  h*' 
extended  to  persons  who  are  on  board  a  Ihb 
ship,  with  this  ellect,  that  althoufjh  they  beeno 
niies  to  both  or  eith<'r  fiarty,  they  are  not  to  Im 
taken  out  of  that  freeshi|»,iniless  they  are  soMiiri 
and  in  actual  servini!  of  the  enemies.' 

"The  restrictions  ns  to  articles  to  be  held  be- 
tween  the  two  natioii«»  as  coiitrabanil  of  war 
Mr.  VV.  said,  were  to  be  foimd  in  \]\f  Iwenly- 
fourth  article  of  this  same  treaty  of  amity  and 
commerce,  and  were  as  follows: 

'"/l/<.  2\.  This  lilx'rty  of  iiavi^'aliou  ami 
commerce  shall  extend  to  all  kind-*  ol  merilim- 
dises,  except iii;^  those  only  wiiich  are  di.>tiii;,'iii-l|. 
ed  by  th('  iiat?ie  of  contr.Mband,  and  und(  r  tlii-i 
name  of  contiaband,  or  proh'bilr-d  ^jooils,  sliJiil 
lie  compiehended  iiriiis,  {i;reat  jriins,  bombs,  witli 
fuses  and  other  tliinj^s  Ixdonj^ine;  to  theni,  ciin- 
tion  biill,  jfiinpowder,  match,  [likes,  swords,  lan- 
ces, spears,  halberds,  mor'tars,  petards,  (irciiudcs, 
saltpetre,  muskets,  mu.--ket  ball,  helmet ;,  lnca-t- 
plates,  coats  of  mail,  and  the  like  kinds  of  arm 
proper  for  arming  soldiers,  musi.et  rests,  lielh, 
horses  with  their  furniture,  and  all  other  war- 
like instruments  whatever.  These  mereliiiinii- 
ses  which  follow  shall  not  be  reckoned  anion;' 
contraband  or  prohibiti:d  ^oods  ;  that  is  to  Nav, 
all  sorts  of  cloths,  and  all  other  manufiicliiic; 
woven  of  any  wool,  llax,  silk.  cotloTi,  or  any  oIIm  1 
material  whatever;  all  kindsof  weHrin;;aii(iiinl, 
tof^ether  with  the  species  whereof  they  are  iisid 
to  be  made  ;  (:;old  and  silver,  as  well  coiiii'd  ii;! 
uncoined:  tin,  iron,  latten,  copper,  bi-ns-;,  coal,'; 
as  also  wheat  and  barley_  and  any  oilier  kind  of 
corn  and  pidse:  tobacco,  and  likewisi!  all  man- 
ner of  spices;  salted  ami  smoked  Jlesh,  salted 
fish,  cheese,  and  butter,  beer,  oils,  vviiuis,  siii^ais, 
aiifl  all  sorts  of  salts  ;  and,  in  j;eneral,  all  provis- 
ions which  serve  for  the  nourishment  of  innn- 
kind,  and  the  siistenan(;e  of  life  ;  fOrlheruiori', 
all  kinds  of  cotto'.i,  hemp,  flax,  tar,  pitch,  ro|KS, 
cables,  sails,  sail  cloths,  anchors,  and  any  jiart 
of  anchors,  alsi.^  .  .lips'  masts,  plants,  boards,  amJ 
beams,  of  what  tree.s  soever;  and  all  other  tiiiii;;!! 
proper  either  for  building  or  repairin;,;  ships,  and 
all  other  ^oods  whatever  which  have  not  Ijwn 
woiked  into  the  form  of  any  instinmentorthin}; 
preparetl  for  war  by  land  or  by  sea,  shall  not  lie 
re;)Uted  contraband,  much  less  such  as  have  been 
already  wrouj^lit  and  made  up  for  any  other  use 
all  which  shall  be  wholly  reckoned  among  free 
gooUHj  as  likcwisti  all  other  mcrciiaudises  and 


ANNO  IH.iri.     ANnUKW  .JA(;KS()N,  |-HI,s|I>i;nt. 


401 


[iliircM  of  llic  ftu'Tny  ftforcnipn- 
iliiccM,  Itiit  iilso  fnmi  one  \,\wv) 
ii'iiiy  !'>  nnotlicr  |iliu:<!  l)(l(iiiij. 
,  wlictlur  llu-y  I'O  iiiidcr  tlm 
I  Huiiif  priiKC,  or  iukIm-  Hcvcriil. 
tipitliitol  Unit  Irrc  shi|H  hIuiH 
i»in   to  (;oo(Ih,  fiinl    tliat  tvciy 
ciiic'l  to  ln^  I'icc  niifl  «"xcin|)l 
iikI  on  hoiinl  the  Khips  lidon^. 
(»r(ilh(r riC t h^ coiifi  (Ici iilcH, iil- 
I!  IndiiiK,  or  iiny  piiii  tlicicof, 
to  tlic.  cncinicH  of  citliiT,  cph. 
iij;  iilwiiyKcxfepli'il.     Itisal;') 
inner,  tliiit  Wtv  ^ulll(■  lilMrty  I* 
(MiH  who  arc  on  Ixmnl  a  (n« 
iTt,  tliiit  althoii(;h  llicy  liocno 
ithcr  party,  tlicy  n\v  not  to  l.o 
'r(M'Hliijt,iinli'Hs  tli»'yar<!so|i|iir^ 
in,(!  of  till!  I'nomicM.' 
IIS  ns  to  articles  to  l)C  held  In- 
ationn  a^  rontrahand    of  war, 
(•  to  \il:  fonnfl  in  th(^  twcnly- 
th'm  sanif!  treaty  of  amity  uiid 
I'Tv  an  fiillowH: 

liiK  lilK'rty  of  iiavi>.'ation  atnl 
xtcnd  to  all  kind-*  ol  nicrcliiin- 
liosc  only  wiiirli  iirc  fli>linj,'iii-li- 
(if  conlrah.'ind,  and   nnd(  r  \\,U 
an<l,  or   jiruli'l/ilnl  jroods,  sliall 
I  aims,  ^!;r«'at  ^.Mins,  ImuhIis,  willi 
tliinj!;H  Ixdonj^'ini;  to  lliciii,  ciui- 
vdcr,  match,  pile's,  swords,  iiin- 
■rds,  niortarH,  |t(liirds,  (;rciiiiilcs, 
s,  nni.-kct  hall,  hclm't ;,  hrcii-t- 
lail,  and  tho  like  kinds  of  iinn 
i;;  Hdldicrs,  nnisl.i't  rests,  lull;, 
furniture,  ami  all  other  wiir- 
whatcver.     These  merehaii'ii- 
shall  not  he  reckoned  anion;,' 
ohihititd  (i;oods  ;  that  is  to  >!iy, 
s,  and  all  other  maniif.icturci 
I,  llax,  silk,  cotton,  or  any  otii'  r 
;  all  kindsof  weiirin;;ai>|)iiril, 
Hpecies  whereof  they  aru  in'1 
1  and  Hilver,  as  well  coined  m 
m,  latten,  co|)per,  hras-;,  coiils; 
harley,  and  any  oilier  kin'l  nf 
|,c)hac('o,  ami  likewisf^  all  iiiaii- 
alted  and   smoked  flesh,  siilti'l 
)utler,  beer,  oils,  wines,  sii^^iiis, 
lilts  ;  and,  in  general,  all  pruvi:*- 
for  the  nourishment  of  iiiati- 
stenan(!c  of  life  ;  farthenriorf, 
I'.i,  hemp,  flax,  tar,  pitch,  roi)is, 
cloths,  anchors,  an'I  any  jiart 
jips'  niastH,  planVn,  hoanls,  aiiij 
ce.s  soever;  and  all  other  tliiiijji 
hiiildinj^  or  repairin}^  ships,  and 
whatever  which  have  not  hecn 
form  of  any  in.strnment  or  tliin}; 
hy  land  or  by  sea,  shall  not  lie 
,nd,  much  less  such  a.s  have  been 
and  made  »ip  for  any  other  use 
)ii  wholly  reckoned  among  fM 
iBo  all  other  mcrclmiidises  and 


tilings  which  are  not  comprehended  and  particu- 
Inrly  nienlioned  in  fhe  fore;:nin<.' eniinu'ialion  «T 
(■(iiitriihiiTid  froods,  fo  that  they  may  he  triins- 
piprli'l  and  carried  in  the  freest,  manner  hy  the 
Hiilije*!-'  of  hoth  confeiIerat.''H,  even  to  lh>'  places 
b»'l'in>.'iiitc  <o  an  enemy,  such  towiiH  or  places  lie 
iru' "mIv  cxcept«-<l  UH  are  at  that  tinu;  heHicK4'd, 
bjockei'l  irp,  or  invcHtcd.' 

•Mr.  W.  faid  thiH  clo'^^cd  hin  n-ferenccsto  thiH 
treaty,  with  the  remark,  whi(di  he  wished  caie- 
fiilly  l)orne  in  minri,  that  lhcaccf!|,ted  pnhliclaw 
was  >,'rently  depaittd  from  in  this  Inst  article. 
Provisions,  in  their  broadest  Reuse,  materials  for 
gliips,  rifrjrint;  for  ships,  and  iiifleed  almost  all  the 
articles  of' trade  rnentif>ned  in  IIk;  lontjexcejaion 
^1  in  the  article  of  the  treaty,  were  articles  contra- 
band of  war  by  the  law  of  nation^.  This  article, 
tlicrefoic  placed  our  cominerce  with  France  u[ion 
afootinf^  widely  flifFcrent,  in  case  of  a  warbetwcn 
France  and  any  third  power,  from  tin-  rules  which 
would  re^'u lute  that  commerce  with  the  oilier 
iitlliKerent,  with  whom  we  mij^lit  not  have  'i 
Riinilar  commercial  treaty.  Such  was  its  effect  as 
coirifiured  with  fiiir  relations  with  Kn^dand,  with 
wlii'li  [lOwer  we  had  no  commercial  treaty  what- 
ever hill  depended  nf)on  the  law  of  nations  as 
onrconimercial  rule  and  standard  of  intercourse. 

".Mr.  W.  said  he  now  passed  to  the.  treaty  of 
alliance  between  Franco  atid  the  ('nited  States 
of  the  same  dat(!  with  the  treaty  of  amity  and 
cominerce  before  referred  to,  and  his  first  re- 
finiici^  was  to  the  1 1th  article  of  this  latter 
treaty.     It  was  in  the  following  words: 

'"'All.  II.  The  two  parties •fuaraiiteemutnal- 
iv  fioin  the  pre.-ent  time,  and  for  ever,  aj^ainst 
til  ot'.er  [lowers,  to  wit:  7'he  I'nited  States  to 
His  .Most  ChriHtian  Majesty  the  present  posse;;- 
.sioiis  of  the  (Jrown  of  France  in  America,  as  well 
as  those  which  it  may  acfpiire  by  the  future  trea- 
ty of  peace:  And  His  Most  ChriHtian  Majesty 
piiarantees  oii  his  part  to  the  I'nitcd  States,  tlieir 
liberty,  sovereignty,  and  indeiiendence,  absolute 
and  unlimited,  as  well  in  matters  of  government 
as  commerce,  and  also  their  possessions,  and  the 
additions  or  concpiests  that  their  confederation 
may  obtain  during  the  war,  from  any  of  the  do- 
minions now  or  heretofore  possessed  by  Great 
Krilain  in  North  America,  conformable  to  the 
fifth  and  sixth  articles  above  written,  the  whole 
a^  their  possessions  sliall  be  fixed  ancl  assured  to 
the  said  States  at  the  moment  of  the  cessation 
of  their  present  war  with  Flnj^land.' 

"This  article,  Mr.  W.  said,  was  the  most  im- 
[lortant  rei""ience  he  had  made,  or  could  make, 
.so  far  as  the  claims  provided  for  by  this  bill 
were  concerned,  because  he  tindeistood  the 
friends  of  the  bill  to  derive  the  jirincipal  consid- 
sration  to  the  United  States,  which  created  their 
liability  to  pay  the  claims,  from  the  miaranty 
on  the  part  of  the  United  States  wntained  in  it. 
The  Senate  would  see  that  the  article  was  a 
mutual  and  reciprocal  guaranty,  1st.  On  the  part 
of  the  I'nited  States  to  France,  of  her  posses- 
Bion.s  in  America;  and  2d.  On  the  part  of  France 
to  the  United  States,  of  their  'liberty,  Bove- 


leijrnty.aiid  indepj-ndunce,  absrdut"  and  unlimit- 
ed, as  well  in  malters  of  fovi  rnnienf  as  com- 
merce, and  at.xi  tie  ir  [lO^se^.-ion';,'  Ac,;  iind  thai 
the  respective  t^uaranlees  wire  •  for  ever.'  It 
would  by-aii'l-by  appear  in  what  iiiaiiii<r  \\i\n 
^'Uiiranty  rm  the  part  of  nur  ;:o\ernmerit  was 
claimed  to  be  the  fouiidati'  for  this  |jeciiniary 
responsibility  for  millions,  but  at  present  ho 
must  comjilete  his  references  |o  the  treatiefl 
which  formed  the  law  between  the  two  nntioiM. 
and  the  ride  of  their  nlations  to  an  I  with  each 
other.  He  had  but  one  more  article  ti  leid,  and 
that  was  importantonly  asit  went  to  define  the 
one  last  cited.  This  was  the  iJth  nr  ii'le  of  the 
treaty  <if  alliance-,  and  was  as  follows: 

'"/!/<.  I'J.  In  order  to  fix  more  precisely  Ihu 
sense  and  ajiplicafion  of  the  jirecidin;;  article, 
the  coiitractin;.;  parties  declare  that,  in  case  of  a 
miitiire  between  France  and  Fnu'iand,  thi-  re- 
<'i|iiocal  f^iiaranty  declared  in  the  .■nid  aitidv 
shall  hav<i  its  full  force  and  ellect  the  iiioiniiit 
such  war  sliall  break  out;  and  if  such  rupture 
shall  not  take  place,  the  mutual  'ibii^rntions  of  the 
said  f^uaranty  shall  not  comnienei'  iinti!  the  mo- 
ment of  the  cessation  of  the  pr<seiit  war  between 
th»!  United  States  and  Fiiij^hind  sli.'ill  have  a.scer- 
taiiied  their  |iossessions.' 

''These,  said  Mr.  W.,  are  the  tnaty  stipiibi- 
tions  between  France  and  the  I'nited  Stales, ex- 
istiiij?  at  th(!  time  of  the  coirini'  ncenient  of  the 
disturbances  between  i\u:  two  countries,  whi'h 
{jave  ri.se  to  the  claims  now  tin;  subjecl  of  con- 
sideir'.tion,  and  which  seem  to  bear  ireist  iii.ite- 
rially  upon  the  jiointK  in  issue.  Tleie  were  other 
provisions  in  the  treaties  between  the  two  ^'ov- 
ernments  more  or  less  ap|ilicable  to  the  pie- cut 
discussion,  but,  in  the  course  he  had  iiiark<'d  out 
for  himself,  a  ref'erenci!  to  them  was  not  in<lis- 
[icnsable,  and  he  was  not  disposed  to  occujiy  the 
time  or  weary  the  patience  of  the  Senate  v.illi 
more  of  these  dry  documentary  (|uotatioiis  than 
he  found  absolutely  essentii.il  to  a  full  and  cle-ar 
iinderstandinf;  of  the  p<iints  he  [iroposed  to  ex- 
amine. 

"Mr.  W.  said  he  was  now  ready  to  pre.s<;nt 
the  origin  of  the  claims  which  formed  the  sub- 
ject of  the  bill.  The  war  between  France  and 
England  broke  out,  according  t<j  his  recollection, 
late  in  the  year  17'J2,  or  early  in  the  year  179:!, 
and  the  United  Slates  resolved  upon  preserving 
the  same  neutral  position  between  those  belli- 
gerents, which  they  had  iissumed  at  the  com- 
mencement of  the  war  between  France  and  cer- 
tain other  European  powers.  This  neutrality 
on  the  part  of  the  United  States  seemed  to  be 
acceptable  to  the  then  French  I'ejiulilic,  and  her 
minister  in  the  U'nited  States  and  herdijilomatic 
agents  at  home  were  free  and  distinct  in  their 
exjircssions  to  this  effect. 

'"Still  that  Republic  made  broad  claims  under 
the  17th  article  of  the  treaty  of  amity  and  com- 
merce before  f|uote<I,  and  her  minister  here  a.s- 
sumed  the  right  to  purcha,se  shijis,  ai'rn  them  a.H 
privateers  in  our  ports,  commission  officers  for 
thciu,  enlist    our  own  citizcn.s  to  man  them, 


\i 


402 


THIRTY  YI'AIW  VIKW. 


r 


.J  .h 


«nit,  tIniK  |in>|miv(|,  to  pcnilthoni  from  ourportH 
to  criiiM'  !i>;i»iiisl  Kiiji'IkIi  vessels  n|ioii  our  roust. 
H.'iiiy  |iri/,('s  wiTo  imimIo,  wlii<'h  were  Itron^lit 
into  our  ports  subinitttMl  to  the  lulmiriilty  jiiris- 
dietion  (\nifcrnM|  l>y  I  lie  Freiieli  UepiiMie  upon 
lur  eonsnls  in  itie  t'niU'd  Slates,  eondeinnetl, 
■nil  tlie  ejiptured  vessels  anil  e!irpH'sex|»ose(l  lor 
Bale  in  our  market^.  These  praetices  weiv  iin- 
nu'diatoly  and  eirnestly  roinplaiiied  of  Ity  the 
Uritish  pivernuunt  as  violutions  of  the  neutral- 
ity wliieh  our  g  iverninent  had  dirlaivd,  nnd 
which  we  assnnied  to  maintain  in  rep;ard  to  nil 
the  l)ellii;ereu(s,  as  favors  granted  to  one  of  the 
liellinerenls,  not  demandahle  of  rij;ht  under  our 
treaties  with  TraiKV,  nnd  as  wholly  inccmsistent, 
necordin):;  to  the  rules  of  internatii>nnl  law,  witli 
our  eontinuanee  ns  n  neutral  |H)wer.  Our  pov- 
ornment  so  fir  yielded  to  these  eomplnints  ns  to 
jirohiliil  the  Freneh  from  tittinj;  out,  nrming, 
onuippin;r,  or  eonnnissioninj;;  privateers  in  our 
ports,  and  from  enlistiiifi  our  oitizonu  to  la'ar 
arms  miiier  the  Freneh  tla^. 

"  This  deeision  of  the  ri>;hts  of  Frnnoe,  under 
tlie  treaty  of  amity  and  eommeree,  produeed 
warm  ivmcuist  ranees  from  her  minister  in  the  I'ni- 
ted  States,  hut  was  tinally  ostensibly  nequieseed 
in  hy  the  Kepultlie,  althoufih constant  eomiilaints 
of  evasions  and  violations  of  the  rule  ctuitinued 
to  harass  our  {government,  nnd  to  oecupy  the  at- 
tention of  the  n'speetive  dii>lomatists. 

"The  exclusive  privilej;e  of  our  ports  for 
hor  armeil  vi^^sels,  privateers,  and  their  prizes, 
{:ranted  to  Franco  hy  the  treaty  of  amity  and 
comnu'rce,  as  has  before  biH>n  seen,  excited  the 
jealousy  of  F.uirland,  and  she  was  not  slow  in 
KCMiIin^  a  po-fion  of  her  vast  navy  to  line  our 
wast  and  block  up  our  ports  !i  1  harbors.  The 
in.^olence  of  jiower  induced  some  of  her  armed 
ves-icN  to  enter  our  ports,  anil  to  vemnin,  in 
violation  of  our  treaty  with  France,  though  not 
by  the  consent  of  our  povornment,  or  when  we 
had  the  power  to  cnfoix'o  the  ttx^aty  by  their 
ejeetiin.  These  incidents,  liowever,  did  not  fail 
to  form  the  subject  of  new  charges  from  the 
French  ministers,  of  Imd  faith  on  our  part,  of 
partiality  to  Knsrland  to  the  prejudice  of  our 
old  nrn'i  faithful  ally,  of  pennitled  violnticma  of 
the  treaties,  ami  of  an  inetliciency  nnd  want  of 
j.oal  in  the  jHrformance  of  our  iluties  as  neutrals. 
To  pive  jioint  to  these  complaints,  some  few  in- 
ptances  iwcurix'd  in  whicli  British  vessels  broujjht 
then-  prizA'^  into  our  ports,  whether  in  all  cases 
under  those  cusuall'os  of  stress  of  weatlier,  or 
the  danirers  of  the  s  x  which  rendered  the  act 
in  conformity  with  the  t:\;ities  and  the  law  of 
nations  or  not,  is  not  perhaps  very  certain  or 
very  material,  inasmuch  as  the  spirit  of  complaint 
eecms  to  have  taken  possession  of  the  French 
nepitiators,  and  these  acts  gave  colorable  gmuiid 
to  their  remonstrances. 

"Contemporaneously  with  these  grounds  of 
misunderstanding  and  these  collisions  of  inter- 
est between  the  belligerents,  and  between  the 
interests  of  either  of  them  and  the  preservation 
of  our  neutrality,  the  French  began  to  discover 


the  disadvantagt's  to  them,  and  the  great  advnn. 
tages  to  the  Itritisli,  of  the  ditlerent  rules  wliidi 
governed  the  eonun-rce  ImM  ween  the  two  natioim 
nnd  the  rnitcd  .States.  The  rule  between  ii« 
and  Fraiu'e  was  the  eommercial  trealv  uf 
which  lhi>  articles  above  ijuoled  form  a  |iiirt.  iukI 
the  mil"  belwe.'u  ns  ami  (Jreat  Mrilain,  was  |||,,t 
laid  down  by  the  law  \(  mitions.  Mr.  W.  sujil 
he  woidd  detain  the  Senate  to  point  out  but  twn 
of  the  ditl'erenees  between  these  rules  of  eom. 
nteree  nnd  intercourse,  because  u|M)n  these  (wo 
principally  depended  thedillicidties  wliieh  folldw- 
ed.  The  (irst  was,  that,  by  the  treaty  belwim 
ns  nnd  Frnnce,  'free  ships  shall  also  give  a  I'vi'- 
dom  to  the  goods;  nnd  every  thing  shall  lio 
deemed  to  be  free  nnd  exempt  which  shall  biloiitnl 
tin  iMinrd  the  ships  belonging  to  the  sidij  et<  ,,f 
either  of  the  eou federates,  altliough  the  wlmle 
lading,  or  any  part  thereof,  slnudd  ap|ieil,iin 
to  the  enemy  of  either,  contraband  goods  liciinj 
nlwnysexceptet!;'  while  the  law  of  nations  winch 
was  the  ride  between  ns  nnd  F.ugland,  made  iho 
gocxls  of  nnenemv  a  lawful  |)ri7.e,  though  found  in 
the  vessel  of  a  friend.  Hence  it  followed  that 
French  property  on  board  of  an  .Americiin  vcssi'l 
was  subject  to  capture  by  Mrilish  cruisers  willi- 
ont  indignity  to  our  tlag,  or  a  violation  to  iniir- 
national  law,  while  Ibitish  property  on  boaii|,,f 
an  AnuMican  vessel  could  not  be  cajilured  liv  a 
French  vessel  without  an  insult  to  the  flag  Uf 
the  I'nited  Slates,  nnd  a  direct  violation  ol'  |||i> 
twenty-third  article  of  the  treaty  of  aniily  anil 
coinineree  betweiu  us  and  France,  bi'loiv  ivl'ir- 
red  to. 

''  Mr.  AV.  said  the  second  instance  of  disadvan- 
tage to  France  which  hi'  proposed  to  nuiilidii, 
was  the  great  tlill'erence  between  the  nrticKs 
made  contraband  of  war  by  the  twenty-fniiiih 
article  of  the  treaty  of  aniily  and  commerce,  In- 
fore  ivad  to  the  Senate,  and  l)y  the  law  of  mi- 
tions. \\y  the  tivatv.  provisions  of  all  kiiKK 
ship  timber,  ship  tackle  (guns  only  exceptiij), 
anil  a  large  list  of  other  articles  of  trade  and  Cdin- 
merce,  weix'  declared  not  to  be  contraband  of 
war,  while  the  same  articles  niv  expressly  nmiif 
contraband  by  the  law  of  nations.  Heme  .ui 
American  vessel,  clearing  for  a  French  port  with 
a  cargo  of  provisions  or  s!iip  stores,  was  lawfid 
prize  tt)  a  llritish  cruiser,  ns,  by  the  law  of  ni»- 
tions,  carrying  articles  contraband  of  war  to  aa 
enemy,  while  the  same  vessel,  clearing  fur  a 
British  port,  with  the  same  cargo,  could  not  lie 
captured  by  a  Fi-ench  vessel,  liecause  the  tnair 
declared  that  the  articles  composing  the  cars;!) 
should  not  be  contraband  as  between  the  rniti-i! 
States  and  France.  Mr.  W.  said  the  Senate 
would  see,  at  a  single  glance,  how  eminently 
these  two  advantages  on  the  part  of  (treat  Uritain 
were  calculated  to  turn  our  commerce  to  Iier 
ports,  where,  if  the  treaty  between  us  and 
France  was  observed,  our  vessels  could  go  in 
perfect  safet}',  while,  laden  with  provisions,  our 
only  considerable  export,  and  destined  fur  a 
French  port,  they  were  liable  to  cajiturc,  as 
coi'rying  to  an  enemy  contraband  articles.   Up- 


ANNO  IHil.V     ANPUKAV  .lArKSON,  riU>*II)KNT. 


403 


».i  tlifin,  mill  tlif  nn-iH  Rilvnn- 
li,  (>r  till'  ilillt'ivnt  iiilc-t  wliiili 
iiTtv  Ik'Iwoi'uIIu'  twoniilioim 
Siivlcs.     TIk'  lull'  ImIwimii  m 
I    (|u«    ('(inniH'iriul     trciily   nf 
iilnivi>  inmloil  r«>i''i»  n  |mrl,  iiml 
us  itiid  (Jrt'iit  llriluin,  wi>>^  lliat 
iiiw  tf  niilion-^.     Mr.  W.  Mii,| 
lu«  Soiuili'  t<)l»'ii>t  '»"'  '";•  '"" 
H  iH'twi'fii   llii'Hi'  ml''*  til'nmw 
)iust«,  lionuisf  ii|H)n  iIkhc  twn 
IimI  llu'tlillUMiltifs  whii'li  lollnw- 
IS,  tliut,  liy  ll>»'  tiTivl.v  l)i'l\vt('u 
nr  nhipsMlmll  iilmi  i;iv('  u  fni'- 
Is;    nixl  I'vorv   Hiii'N'  f'<'>|l  'i*' 
nnil  o\oni|>t  wliioli  sliall  lnfi>im,i       '^ 
)s  lu'li)ii;;in;!;  ti)  llu>  hiilij  (■!■<  ..f 
nfodorati'S,  ultlioiijrli  i1h«  wlmlo 
iiirt    thcrctif,  shoiilil    uiiiu'ilain 
oitiior,  contnilmml  p'mls  liiiiivr 
'  wliilo  the  law  orniitioii'^.  wlucli 
svi'ou  tis  iH\il  Knj;liu>tl,  immiIc  lliu 
V  u lawful  l>iiw',  tlitnii^li  loiniil  m 
frioiid.      IliMico   it  lollowcd  lliat 
on  lioiird  of  an  AMicriraii  vi-sil 
■A\i[mv  l>y  Hritisli  cruisers  witli- 
our  llajT,'  <>!•  a  violation  to  ind  r- 
lilo  British  in-oiu-rty  <>u  lioanlnf 
.sscl  fould  not   1h>  caiitund  l.y  ;i 
k-ithout  an  insult  !<•  tin'  ^W"^ 
i<s,  and  a  diivcl  violation  of  tli. 
•(ii-k«  of  the  treaty  ofaniily  iiiiil 
m\\  ns  anil  Franoo,  bi'foro  wWv- 

{]w  Ki'cond  instaniT  of  diKidvan- 
wliifh  lu'  proposi'il  ti>  nuiiliim, 
litVoroni'i'  hi'twci-n  tin-  articlis 
of  war  l>y  tin-  twenty  fmuili 
ity  of  atuity  ami  <'onnntnv,  tu- 
Sonato,  and  l)y  tin-  law  of  im- 
troatv.  itroviniouH  of  all  kiml'i, 
.p  tiu'klo  (p:u»«  <^»h'  «'X''''l't^'l). 
>f  ollu'r  artioli's  of  trado  and  cimi- 
iircii  not  to  1)1-  oontralmiulif 
nu>  articlos  niv  cxpri'ssly  made 
ho  law  of  nations,     llonoe  lui 
ck'aring  lor  ii  Frcnoli  port  wiili 
sions  or  sliip  storos,  was  lawi'id 
pli  orniscr,  as,  liy  the  law  of  lu- 
utick's  contraband  of  war  to  no 
ho   same   vessel,  clearing  for  a 
th  the  same  cargo,  could  not  k 
ivneli  vessel,  Iteeanse  the  trciiiy 
e  articles  coniposinp  the  carp) 
)ntrahand  as  between  the  rnitoil 
mce.    Mr.  W.  said  the  Senate 
i,  sinjilc  glance,  how  einineiitW 
tapes  on  the  part  of  (5 real  Ihitain 
to  turn  our  commerce  to  lior 
f    the   treaty   between   »is  and 
icrved,  our  vessels  could  po  in 
—*-hilc,  laden  with  provisions  our 
hie  export,  and   destined  for* 
ley  were  liable  to  capture,  as 
•nemy  contraband  articles.   Ip- 


on  their  trlnrn,  too,  they  were  i'lpially  out  of 
,|„„p.r  from  French  cruisers,  iis,  hy  the  treaty, 
t'rec  sliips  made  free  the  piods  on  lioiird  ;  while, 
if  tlu'V  cU'ared  irom  u  port  in  Francis  with  a 
Kri'iitii  cargo,  they  weiv  lawful  prize  to  the 
HritiHh.  n|>on  the  principle  of  the  law  of  nations, 
(liitt  llio  ^'oo^ls  of  nn  enemy  are  lawful  j)ii/.e, 
fveii  when  found  in  the  vessel  of  a  friend. 

"Itiilh  nations  were  in  conslaiit  und  ur);ent 
wHiit  ■''  provisiiHis  from  the  l  niled  Stales;  and 
this  diiMlile  advantage  to  F.ngland  of  having  lur 
ports  o|M'U  and  free  to  our  vessels,  and  of  pos- 
M'ssiiig  the   right  to   capture    those    hound    to 
Kreiuli  ports,  exasperated  the  French  IU'|)uh!ic 
licvomi  cudiiranee.    Her  ministers  remonstrated 
with  our  government,  eoutroverteil  our  cousl  ruc- 
tion of  Uritish  rights,  again  renewed  the  accii- 
mtioiis  ol  partiality,  and  llnnllv   threw  olf  the 
(ililigatioiis  of  the  treaty  ;  and,  liy  n  solemn  de- 
cne  of  tlicu' authorities  at  home,  estahlishid  llu^ 
rule  wliicii  governed  the  pract  eo  ol'  the  I'rilish 
(•nii-icrs.     Fraiici',  assuming  to  helieve   IhiU   the 
1  iiited  States  permitleil   the  neulrulity  of  her 
Hag  to  he  violated   hy  the   Uritish,  without   re- 
sistance, ileclared  that  she  woidd  liviit  the  liag 
(if  all  neutral  vessi'ls  as  that  Hag  sliouhl  pirmit 
itsi'lf  to  he  treated  by   the  olln'r  belligerents. 
This  opened  our  commerce  to  the  almost  indis- 
niiiiiiiate  |ilunder  and  depredation  of  all    the 
nowers  at  war,  and  but  for  the  want  of  the  pro- 
TisioMS  of  the   I'liiled    States,   whi<'h   was    too 
stroniily  tell  both  in  Knglaud  luid  France  not  to 
govern,  in  a  great  degree,  the  policy  of  the  two 
nations,  it  would  Kcem  jiroliuhlc,  from  the  do(!u- 
nuntary  history  of  the  period,  that  it  must  havi' 
hccii  swept  from  thi?  ocean.     Iiupellefl  by  this 
want,  however,  the  Ibitish  adoided  the  rule,  at 
at  early  day,  that  the  provisions  capture<l,  al- 
lliongli  in  a  strict  legal  sense  I'oifejteil,  as  being 
hr  tlie  law  of  nations  contraband,  should  not 
lii'  contiKcated,  but  carried  into    F.nglish  ports, 
and  jiaid  for.  at  the  market  price  of  the  same 
jiiovisions,  at  the  jiort  of  their  destination.    Tho 
Siuiie  want  compelled   the    French,  when   they 
oaiiif  to  the  ctmclusion  to  lay  aside  the  obliga- 
tions of  the  treaty,  and  to  govern  themselves, 
not  hy  solemn  compacts  with  friendly  |K)wers, 
but  hy  the  standards  of  wrong  adopteil  by  their 
ciicmies,  to  adopt  also  the  same  rule,  and  instead 
of  coiiliscating  the  cargo  as  contraband  of  war,  if 
provisions,   to   decree   a  compensation    gradu- 
ated hy  the  market  vahie  at  the  jiort  of  destina- 
tion. 

"Such,  said  Mr.  W..  is  a  succinct  view  of  the 
disturbances  between  France  and  the  United 
Suites,  and  between  France  and  (Jre.'it  Britain, 
out  of  which  grew  what  are  now  called  the 
Fnnch  claims  for  spoliations  upon  our  coiu- 
merce.  jtrior  to  the  itOth  ol  September,  IHOO. 
OtluT  subjects  of  dillerence  might  have  liad  a 
remote  ii  '!  icnce;  but,  Mr.  W.,  said,  he  believed 
it  would  be  admitted  by  all,  that  those  he  had 
named  were  the  principal,  and  might  be  as- 
sumed F^  having  given  rise  to  the  commercial 
irrcgiilaritius  in  which  the  claims  commenced. 


This  stale  of  things,  without  material  change, 
continued  until  the  yiar  IT'.tH,  when  our  govern- 
ment  adopted  a  course  of  mea^uivs  intended  to 
susiend  our  intercourse  with  France,  until  slu> 
should  be  brought  to  respect  our  rights.  'I'heso 
measures  were  persevi'ied  in  by  the  I  nited 
Stales,  up  to  September,  IStMt.  and  were  lirmi- 
nal«'d  bv  the  In-iity  between  the  two  nations  of 
the  idllh  of  that  month.  Here,  too,  lerminateil 
c'.aiius  which  now  (s-cupy  the  attcnlion  ol'  tiiu 
St'iuite. 

"As  it  was  the  object  of  the  claimants  to 
show  a  liability,  <mi  the  part  of  our  government, 
to  pay  their  claims,  and  the  hill  under  discussion 
assumed  that  liability,  and  provided,  in  part  al 
least,  for  the  |)ayineiit,  Mr.  W.  said  it  bei  nmo 
his  duty  to  in(|uire  what  the  government  had 
done  to  obtain  indemnity  for  these  claimantN 
from  France,  and  to  see  wlu'lher  ru'gligence  on 
its  pait  had  furnished  ei|uitahle  ov  legal  ground 
for  the  instiluti(ni  of  tliis  largtM'laim  upon  the 
national  treasury.  The  jHriod  of  time  covend 
by  the  I'laitus,  as  he  understood  the  subject,  was 
fnuu  the  breaking  out  of  the  war  between 
France  and  Kngland,  in  17'.).'{,  to  the  signing  of 
the  treaty  hetw<'en  France  an<l  the  I'liiteil  Stales, 
in  September,  ISitt);  anil  he  would  consider  Iho 
i'llbrts  the  government  had  made  to  obtain  in- 
demnilv : 

"  \sC  From  \im  lo  17'.>«. 
'•'Jd.  From    IT'.IH  to  the  treaty  of  tlie  .'JDlh 
September,  IHttl). 

"  During  the  lirst  period,  Mr.  W.  said,  these 
elfoits  were  coiillned  to  negol'ation,  ami  b«  felt 
safe  in  th(>  assertion  that,  during  no  equal  period 
in  the  history  of  our  government,  could  there 
be  found  s'lch  untiring  and  unremitted  exertioim 
to  obtain  justice  for  citizens  who  had  heeii  in- 
jured in  their  properties  by  the  unlawful  acts 
of  a  foreign  power.  Any  one  who  would  read 
the  mass  of  iliplomatic  coirespoiuk'nce  between 
this  government  and  France,  IVom  ITUii  lo  17'.)H, 
and  who  would  mark  the  freiiuent  and  extraor- 
dinary missions,  hearing  constantly  in  mind  that 
the  re(;overy  of  these  claims  was  the  only  gnumd 
upon  our  part  for  the  whole  negotiation,  would 
iind  it  dillicult  to  .say  where  negligence  towards 
the  rights  and  inti'icsts  of  its  citizens  is  imputa- 
ble to  the  government  of  the  1 'nited  States, 
during  this  jicriod.  He  was  not  aware  that 
such  an  imputation  had  been  or  would  be  made ; 
but  sure  he  was  that  it  could  not  lie  made  with 
justice,  or  sustained  by  the  facts  upon  the  re- 
cord. No  liability,  therefore,  eciuilahle  or  legal, 
had  been  incurriMl,  up  to  the  year  17UH. 

"And  if,  said  Mr.  VV.,  negligence  is  not  im- 
putable, prior  to  1708,  and  no  liability  had  then 
iieen  incurred,  how  is  it  for  the  secoiui  iieriod, 
from  1798  to  IHtlO?  The  ellbrts  of  tln^  former 
period  were  negotiation — constant,  earnest,  ex- 
traordinary negotiation.  What  were  they  for 
the  latter  |)erio(l  ?  His  answer  wa.s,  war;  actual, 
open  war ;  and  ho  believed  the  statute  hook  of 
the  United  States  would  justify  him  in  the  posi- 
tion,    lie  was  WttU  aware  that  this  point  would 


494 


THIRTY  YBATIS'  VIEW. 


.f  ,(l 


!   ^ 


hit  f  '- 


1      1 


"i  ^■ 


fuA''  ?  1 


h<'  Ktroniioticly  cnntrovrrtcd,  iHTaiist-  the  friends 
of  the  liill  woiiM  ndtiiit  timt,  if  a  stntt)  of  war 
bftwcfii  the  two  roitiitricH  did  I'xist,  it  put  an 
cm!  ti)  riaitns  cxistinp  prior  to  the  wiir,  niid  not 
proviflcd  for  in  tiu;  lu'iity  of  jH-aco,  as  well  an  to 
all  prctt'iicc  for  cluims  to  indemnify  for  injurioH 
to  our  coinnuTOt',  committed  by  our  enemy  in 
time  of  wiir.  Mr.  W.  said  he  had  foimfl  tlie  evi- 
dence^ so  nnmiroiis,  to  establish  his  position  that 
a  state  of  actual  war  did  exist,  that  ne  had  been 
qtiile  at  a  loss  fi-oin  what  portion  of  the  testi- 
mony of  record  to  make  his  selections,  so  as  to 
cstablisli  tlie  fact  beyond  reasonable  dispute,  and 
nt  the  same  time  not  to  weary  the  Senate  by  te- 
^  dioiis  references  to  laws  and  documents.  He 
had  finally  concluded  to  confine  himself  exclu- 
Bively  to  tlie  statute  book,  as  the  hijthest  possi- 
ble evidence,  as  in  his  judgment  entirely  con- 
clusive, and  as  bcinpj  susceptible  of  an  arranpe- 
ment  and  condensation  which  would  convey  to 
the  Senate  the  whole  material  evidence,  m  a 
satisfactory  manner,  and  in  less  compass  than 
ilie  jiroofs  to  be  drawn  from  any  other  source. 
He  had,  therefore,  made  a  very  brief  abstract  of 
a  few  statutes,  which  he  would  read  in  his 
place : 

"  By  an  net  of  the  28th  May,  1798,  Congress 
authorized  the  capture  of  all  armed  vessels  of 
France  which  had  committed  depredations  upon 
our  commerce,  or  wliich  should  be  found  hover- 
mg  upon  our  coast  for  the  purpose  of  commit- 
«ing  such  depredations. 

'•By  an  act  of  the  13th  June,  1798,  only  six- 
teen dnys  after  the  passage  of  the  former  act, 
Congrtt-s  j)ro!iibited  all  ves.sels  of  the  United 
States  fn»m  visiting  an}'  of  the  ports  of  France 
or  her  dependencies,  uniler  the  jienalty  of  for- 
^/I'iture  of  vessel  and  cargo  ;  required  every  ves- 
sel clearii'g  for  a  foreign  port  to  give  bonds  (the 
owner,  oi  factor  and  master)  in  the  amount  of 
the  vessel  and  cargo,  and  good  sureties  in  half 
■ihat  amount,  conditioned  that  the  vessel  to  which 
the  clearance  was  to  be  granted,  would  not,  vol- 
untarily, visit  any  port  of  France  or  her  depen- 
dencies ;  and  prohibited  all  vessels  of  France, 
armed  or  unarmed,  or  owned,  fitted,  hired,  or 
employed,  by  any  person  resident  within  the 
territory  of  the  French  Republic,  or  its  depen- 
dencies, or  sailing  or  coming  therefrom,  from  en- 
tering or  remaining  in  any  port  of  the  United 
Statf's,  unless  permitted  by  the  President,  by 
special  passport,  to  be  granted  by  him  in  each 
case. 

"By  an  act  of  the  25th  June,  1798,  only 
twelve  days  after  the  passage  of  the  last-men- 
tioned act.  Congress  authorized  the  merchant 
vessels  of  the  United  States  to  arm,  and  to  de- 
fend themselves  against  any  sear-h,  restraint,  or 
seizurj.  by  vessels  sailing  under  French  colors, 
to  repel  force  by  force  to  capture  any  French 
vessel  attempting  a  search,  restraint,  or  .seizure, 
and  to  recapture  any  American  merchant  vessel 
which  had  been  captured  by  the  French. 

"Here,  Mr.  W.  said,  he  felt  constrained  to 
make  a  remark  upon  the  chai-acter  of  these  eeve- 


ral  arts  of  Cfmgress,  and  to  call  the  attention  of 
the  Senate  to  their  iKcuIiar  adaptation  to  tho 
measures  which  speedily  followed  in  future  nc't.< 
of  tho  national  legislature.  The  first,  autho^ 
izing  the  capture  of  French  armed  vessels,  waa 
peculiarly  calculated  to  put  in  martial  prepara- 
tion all  the  navy  which  tho  United  States  then 
possessed,  and  to  spread  it  upon  our  coast.  Tho 
second,  establishing  a  jK'rfect  non-intcrcoiirK« 
with  France,  was  sure  to  call  home  our  mer- 
chant vessels  from  that  country  and  her  dciieii. 
dencics,  to  confine  within  our  own  ports  tliose 
ves.sels  intended  for  commerce  with  France,  and 
thus  to  withdraw  from  the  reach  *)f  the  Freiuh 
cruisers  a  large  portion  of  the  ships  ami  prnin'r- 
ty  of  our  citizens.  Tho  third,  authorizing  our 
merchantmen  to  arm.  was  the  greatest  indue*. 
ment  the  government  could  give  to  its  cifizinj 
to  arm  our  whole  commercial  marine,  and  wag 
sure  to  put  in  warlike  preparation  as  great  a 
portion  of  our  merchant  vessels  as  a  desire  of 
self-defence,  patriotism,  or  cupidity,  would  ami 
Could  measures  more  eminently  calculated  to 
prepare  the  country  for  a  state  of  war  have  lieen 
devised  or  adopted  ?  Was  this  the  intention  of 
those  measures,  on  the  part  of  the  governnii'iit, 
and  was  that  intention  carried  out  into  action! 
Mr.  W.  said  he  would  let  the  subsequent  acts  of 
the  Congress  of  the  United  States  answer;  imd 
for  that  purjiosc,  he  would  proceed  to  read  from 
his  abstract  of  tho.se  acts : 

"  By  an  act  of  the  28th  June,  1798,  three  davii 
after  tho  passage  o*"  the  act  last  referred  to. 
Congress  autliorized  the  forfeiture  and  condtui- 
nation  of  all  French  vessels  captured  in  puiMi- 
ance  of  the  acts  before  mentioned,  and  providwl 
for  the  distribution  of  the  prize  money,  and  l;ir 
the  confinement  and  support,  at  the  expense  of 
the  United  States,  of  prisoners  taken  iu  the  cap- 
tured vessels. 

"  By  an  act  of  the  7th  July,  1798,  nine  dayi 
after  the  passage  of  the  last-recited  act,  Con}:res» 
declared  'that  the  Unite'  States  are  of  right 
freed  and  exonerated  from  cne  stipulations  of 
the  treaties  and  of  th'j  consular  convention 
heretofore  concluded  between  the  United  Statoi 
and  France ;  and  that  the  same  shall  not  heno 
forth  be  regarded  as  legally  obligatory  on  th» 
government  or  citizens  of  the  United  States.' 

"  By  an  act  of  the  flth  July,  1798,  two  days 
after  tho  passage  of  the  act  declaring  void  the 
treaties.  Congress  authorized  the  capture,  by 
the  public  armed  vessels  of  the  United  States, 
of  all  armed  French  vessels,  whether  within  th« 
jurisdictional  limits  of  the  United  States  or  upoa 
the  high  seas,  their  condemnation  as  prizes,  tiieir 
sale,  and  the  distribution  of  the  prize  money  | 
empowered  the  President  to  grant  coniniissioni 
to  private  armed  vessels  to  make  the  same  cap- 
tures, and  with  the  same  rights  and  powers,  u 
public  armed  vessels ;  and  provided  for  tho  tdt 
keeping  and  supjiort  of  the  prisonei-s  taken,  il 
the  expense  of  the  United  States. 

"  By  an  act  of  the  9th  February,  1799,  Con- 
gress  continued  the  non-intercourse  between  ti« 


ANNO  isno.     ANDREW  JACKSON,  rUKSIDKNT. 


49.1 


MR,  ami  to  rail  the  iifffiitidn  of 
ir  iKriilinr  adaptation  to  tho 
[K'oAily  followed  in  future  nclH 
•;;iBlature.    The  flrHt,  nutho^ 

of  French  armed  vessels,  wm 
ted  to  put  in  martial  prepiiru- 
which  the  United  StuteH  then 
spread  it  upon  our  eoivst.  Ths 
ing  a  perfect  non-intircoiir.^ 

sure  to  call  home  our  nier- 
n  that  country  and  her  dciien- 
e  within  our  own  iiorts  tliose 
or  commerce  with  France,  and 
r  from  tho  reach  of  the  Fri'iich 
lortion  of  the  ships  and  projior- 
u.  Tho  third,  authoriziIl^'  our 
arm.  was  the  greatest  in(ilu•^ 
ment  cmild  give  to  its  citi/.cnj 
e  commercial  marine,  and  «m 
iviu'like  preparation  as  griut  a 
merchant  vessels  as  a  desiru  of 
•iolisni,  or  cupidity,  wotild  ana 

more  eminently  calculated  to 
itry  for  a  state  of  war  have  been 
ed"?  Was  this  the  intention  of 
on  the  part  of  the  Rovernna'nt. 
tention  carried  out  intouction! 
yould  let  the  subseciucnt  acts  of 
tho  United  States  answ'.T ;  iind 
',  ho  wotdd  proceed  to  read  from 
hose  acts : 

f  the  28th  June,  1708,  three  davb 
ge  o*"  the  act  last  referred  to, 
rized  the  forfeiture  and  condim- 
rench  vessels  captured  in  pursii- 

before  mentioned,  and  providid 
:ion  of  the  prize  money,  and  Tr 
,  and  support,  at  the  expense  of 
DS,  of  prisaners  taken  iu  the  cap- 

>f  the  7th  July,  1798,  nine  dayi 
J  of  the  last-recited  act,  Con;:rei,» 
the  Unite'  States  are  of  right 
;rated  from  cne  stipulations  of 
id  of   tlvj   consular  convention 
uded  between  the  United  Statw 
d  that  the  same  shall  not  hence- 
led  as  legally  obligatory  on  th» 
litizens  of  the  United  Stater;.' 
of  the  0th  July,  1708,  two  days 
be  of  the  act  declaring  void  tlie 
fss  authorized   the  capture,  by 
fed  vessels  of  the  United  States, 
cnch  vessels,  whether  within  the 
inits  of  the  United  States  or  npon 
,ieir  condemnation  as  prizes,  tlieir 
stribution  of  the  prize  money ) 
President  to  grant  commissioiu 
d  vessels  to  make  the  same  cap- 
'  the  same  rights  and  powers,  as 
fssels ;  and  provided  for  the  baft 
pport  of  the  prisonei-s  taken, « 
the  United  States. 
of  the  9th  February,  1700,  Con- 
tho  non-intercourse  between  the 


United  Slates  and  Franco  for  one  year,  (Vom  the 
3,1  .,f  March,  1799. 

"  By  an  act  of  the  2Hth  February,  1709,  Con- 
ffrcss  provided  for  an  exchangeof  {jrisoners  with 
Fnince,  or  authorized  the  I'resident,  at  his  dis- 
cretion, to  seufl  to  the  dominions  of  France, 
without  an  exchange,  sucli  prisioners  as  might 
riinnin  in  the  power  of  the  United  States. 

••  By  an  act  of  the  lid  March,  1799,  Ci  ingress 
diivi'tcd  tlie  ['resilient,  in  case  anv  citizens  of 
tlie  United  States,  taken  on  board  vessels  be- 
longing to  any  of  the  powers  at  war  with  France, 
1)V  French  vessels,  should  bo  put  to  death,  cor- 
poially  punished,  or  unreasonably  imprisoned, 
to  retaliate  promptly  and  fidly  ujion  any  French 
prisoners  in  the  power  of  the  Uiuted  States. 

"Hy  an  act  of  the  27th  February,  1800,  Con- 
gress again  continued  the  non-intercourse  be- 
tween us  and  France,  for  one  year,  from  the  3d 
of  March,  1800. 

'•  Mr.  W.  said  he  had  now  closed  tho  refer- 
ences ho  proposed  to  make  to  the  laws  of  Con- 
press,  to  prove  that  war — actual  war — existed 
hctween  tho  Unitfd  States  and  France,  from 
Jiiiv,  1798,  imtil  that  war  wa.s  terminated  by 
the'treaty  of  tho  ."^Oth  of  Septemlwr,  1800,  Ik- 
had,  he  hoped,  before  shown  that  the  measures 
of  Congress,  uj)  to  the  jjas.'sapc  of  the  act  of  Con- 
press  of  the  25th  of  June,  1798,  and  including 
that  act,  were  appropriate  measures  preparatory 
to  a  state  of  war ;  and  he  had  now  shown  a  to- 
tal suspension  of  the  peaceable  relations  between 
th'  two  governments,  by  the  declaration  of  Con- 
;:riss  that  tho  treaties  should  no  longer  be  con- 
siiltivd  binding  and  obligatory  upon  our  govern- 
ment or  its  citizens.  AVhat,  then,  but  war  could 
lie  inferred  from  an  indiscriminate  direction  to 
our  public  armed  vessels,  put  in  a  state  of  pre- 
paration, by  preparatory  acts,  to  capture  all 
aimed  French  vessels  iipon  the  high  seas,  and 
from  granting  commissions  to  our  whole  com- 
mercial marine,  also  armed  by  the  operation  of 
previous  acts  of  Congress,  authorizing  them  to 
make  the  same  captures,  with  regulations  appli- 
cable to  both,  f«r  the  condemnation  of  the  prizes, 
tlie  distribution  of  the  prize  money,  and  the  de- 
tmtioii,  support,  and  exchange  of  the  prisoners 
taken  in  the  captured  vessels?  AVill  any  man, 
p;iid  .Mr.  \V.,  call  this  a  st.%te  of  jjcace  ? 

"[Here  Jlr.  Webster,  chairman  of  the  select 
conunitt-'e  which  reported  the  bill,  answered, 
'Certainly.'] 

•'Mr.  W.  proceede<l.  lie  said  he  was  not 
dcop'y  read  in  the  ti  eatiscs  upon  national  law,  and 
he  should  never  dispute  with  that  learned  gen- 
tleman upon  the  technical  definitions  of  peace 
and  war,  as  given  in  the  books;  but  his  appeal 
W.1S  to  the  plain  sense  of  every  senator  and 
every  citizen  of  the  country.  Would  either  call 
that  state  of  things  which  he  had  described, 
and  which  he  had  shown  to  exist  from  the 
highest  of  all  evidence,  the  laws  of  Congress 
alone,  peace?  It  was  a  state  of  open  and  un- 
disguised hostility,  of  force  opposed  to  force,  of 

Tar  upon  the  ocean,  as  far  as  our  government 


were  In  cnmmond  of  the  means  to  carry  on  a 
maritime  war.  If  it  was  peace,  he  should  like 
to  be  inforiied,  bv  the  friends  of  the  bill,  what 
would  be  war.  riiis  was  violenie  and  Idood- 
slied,  the  power  of  the  one  nation  against  tho 
power  of  the  other,  reciprocally  oxiiibited  by 
physical  force. 

''Couple  with  this  tho  withdrawal  by  Fr;uir» 
of  her  minister  from  this  government,  and  her 
refusal  to  receive  the  American  coiHiuis>ion,  con- 
sisting of  Messrs.  Marshall,  Pinckni'y,and  (ierry, 
and  tlie  consequent  susi)ension  of  negotiation;! 
between  tho  two  govermnents.  during  the  perioil 
referred  to ;  and  Mr.  W.  said,  if  the  fact.^  and 
the  national  records  did  not  show  a  state  of  war, 
he  was  at  a  loss  to  know  what  state  of  thing* 
between  nations  should  be  called  war. 

"  If,  however,  the  Senate  should  think  him 
wrong  in  this  conclusion,  anrl  that  the  elaiiuB 
were  not  utterly  barred  by  war,  he  trusted  tho 
facts  disclosed  in  this  part  of  his  argument  would 
be  considered  sufllcient  at  least  to  protect  the 
faith  of  the  government  in  the  discharge  of  its 
whole  duty  to  its  citizens  ;  and  that  after  it  luul 
carrieil  on  these  two  years  of  war,  or,  if  not  war, 
of  actual  force  and  actual  lighting,  in  wliich  tho 
blood  of  its  citizens  had  been  slieil,  and  their  lives 
sacrificed  to  an  imknown  extent,  for  the  single  and 
sole  purpose  of  enforcing  these  claims  of  indi- 
viduaJ.s,  the  imputation  of  negligence,  ami  hence 
of  liability  to  pay  the  claims,  would  not  be  urged 
as  growing  out  of  this  portion  of  the  conduct  of 
the  government. 

"  Mr.  W.  said  he  now  came  to  consider  tho 
treaty  of  the  30th  September,  1800,  anil  the  rea- 
sons which  appeared  plainly  to  his  mind  to  have 
induwjd  the  American  negotiators  to  place  that 
negotiation  upon  the  basis,  not  of  an  existing 
war,  but  of  a  continued  peace.  That  such  was 
assumed  to  be  the  basis  of  the  negotiation,  he 
believed  to  be  true,  and  this  fact,  and  this  fact 
only,  so  far  as  he  had  heard  the  arguments  of 
tho  friends  of  the  bill,  was  depended  upon  to 
prove  that  there  had  been  no  w;ir.  IIu  had  at- 
tempteil  to  show  that  war  in  fact  had  existed, 
and  been  carried  on  for  two  years ;  and  if  ho 
could  now  show  that  the  iiulucenient,  on  tli« 
part  of  the  American  ministers,  to  place  the  ne- 
gotiation which  was  to  put  an  end  to  the  existing 
hostilities  upon  a  peace  basis,  arose  from  nw 
considerations  of  a  national  or  political  chanio 
ter,  and  from  no  ideas  of  consistency  with  tlie 
existing  state  of  facts,  but  solely  from  a  desire 
still  to  save,  as  far  as  might  be  in  their  power, 
the  interests  of  these  claimants,  he  should  sub- 
mit with  great  confidence  that  it  did  not  lay  in 
the  mouths  of  the  same  claimants  to  turn  round 
and  claim  this  implied  admission  of  an  absence 
of  war,  thus  made  by  the  agents  of  the  govern- 
ment out  of  kindness  to  them,  and  an  excess  of 
regard  for  their  interests,  as  the  basis  of  a  li- 
ability to  pay  the  damages  which  they  had 
sustained,  and  which  this  diplomatic  untruth, 
like  all  the  previous  steps  of  tho  government, 
fiiiled  to  recover  for  them.     What,  then,  Mr. 


'I     i 


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5  tV 


tit 


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If 

1.1  *  *'-^'       *M  J 


-ill 


■'111 


496 


TIIIRTr  YEARS'  VIEW. 


President,  said  Mr.  W.,  was  the  subject  on  our 
part,  of  the  constant  and  laborious  negotiations 
carried  on  between  the  two  povernmcnts  from 
1793  to  1798?  The  claims.  What,  on  our  part, 
WAS  the  object  of  the  disturbances  from  1798  to 
1800 — of  the  non-intercourse — of  the  sending 
into  service  our  navj-,  and  arming  our  merchant 
Tesscls — of  our  raising  troops  and  j)roviding 
armies  on  the  land — --f  the  expenditure  of  the 
millions  taken  from  the  treasury  and  added  to 
our  public  debt,  to  equip  and  sustain  these  fleets 
and  armies  ?  The  claims.  Why  were  our  ci- 
tizens sent  to  capture  the  French,  to  spill  their 
blood,  and  lay  down  their  lives  upon  the  high 
seas  1  To  recover  the  claims.  These  were  the 
whole  matter.  We  had  no  other  demand  upon 
France,  and,  upon  our  part,  no  other  cause  of 
diH'erence  with  her. 

■'What  i)iiblic,  or  national,  or  political  object 
had  we  in  tiie  negoti.ation  of  1800,  which  led  to 
the  treatv  of  tlie  30th  September  of  tluit  year  ? 
None,  bi  t  to  put  an  end  to  the  existing  hostili- 
tiz-s,  and  to  restore  relations  of  peace  and  friend- 
ship. These  could  have  been  as  well  secured  by 
negotia'ing  upon  a  war  as  a  peace  ba^is.  Indeed, 
OS  then  were  in  our  former  treaties  stipulations 
which  we  did  not  want  to  revive,  a  negotiation 
upon  the  basis  of  existing  war  was  preferable, 
so  far  as  the  interests  of  the  government  were 
concerned,  Injcause  that  would  put  all  questions, 
growing  out  of  former  treaties  between  the  par- 
ties, for  ever  at  rest.  Still  our  negotiators  cou- 
Bent.  (1  to  put  the  negotiation  upon  the  basis  of 
continued  peace,  and  why  ?  Because  the  adop- 
tion ( f  a  basis  of  existing  war  would  hiive  barred 
elU'Ctiuiily  and  for  ever  all  classes  of  the  claims. 
This,  Mr.  W.  said,  was  the  only  possible  as- 
Kignal)Ie  I'eason  for  u.o  •■ourse  pursued  by  the 
American  negotiators;  it  vas  the  only  reason 
growing  out  of  the  existing  facts,  or  out  of  the 
interest-,  public  or  private,  involved  in  the  diffi- 
culties between  tlie  two  nations.  He  therefore 
felt  himself  fully  warranted  in  the  conclusion,  that 
the  American  ministers  preferred  and  adopted  a 
peace  basis  for  the  negotiation  which  resulte<l  in 
the  treaty  of  the  30th  of  September,  1800,  solely 
from  a  w  ish,  as  far  as  they  might  be  able,  to  save 
the  interests  of  our  citizens  holding  claims  agai'ist 
France. 

"  Did  they,  Jlr.  President,  said  Mr.  W.,  suc- 
ceed by  this  artifice  in  benefiting  the  citizens 
who  had  sustained  injuries  ?  He  would  let  the 
treaty  speak  for  itself.  The  following  are  ex- 
tracts from  the  4th  and  5th  articles : 

"  ■  Art.  I.  I'roperty  captured,  and  not  j-et  de- 
finitively condemned,  or  which  may  be  captured 
before  the  exciiange  of  ratifications  (contraband 
^Toods  destined  to  an  enemy's  port  excei)t,ed), 
ehall  be  mutually  restored  on  the  following 
proof  of  ownership.' 

"[Here  follows  the  form  of  proof,  when  the 
article  proceeds :] 

"  '  This  article  shall  take  effect  from  the  date 
of  the  signature  of  the  present  convention.  And 
K  from  the  date  of  the  said  signature,  any  pro- 


perty shall  be  condemned  contrary  to  the  intent 
of  the  said  convention,  'cforc  the  knowledge  of 
this  stipulation  shall  be  oL'ained,  the  projKTty 
.so  condemned  shall,  without  Jtlay,  be  restored 
or  paid  for.' 

"  'Art.  5.  The  debts  contracted  for  by  one  of 
the  two  nations  with  indi\  iduals  of  the  other,  or 
by  individuals  of  the  one  with  individuals  of  the 
other,  shall  be  paid,  .^r  the  i)ay  uent  may  be 
prosecuted  m  the  same  manner  as  if  there  had 
been  no  misunderstAnding  between  the  two 
States.  But  this  clause  shall  not  extend  to 
indemnities  claimed  on  account  of  captures  or 
confiscations.' 

'•  Here,  Mr.  W.  said,  was  evidence  from  the 
treaty  itself,  that,  b}-  assuming  a  jieaee  basis  for 
the  negotiation,  the  properly  of  our  merchants 
captured  and  not  condenmed  was  saved  to  them, 
and  that  certain  cla.sses  of  claimants  auainst  tlie 
French  government  were  provided  foi',  and  tlieir 
rights  expressly  reserved.  So  much,  therefore 
was  gamed  by  otir  negotiators  by  a  departure 
from  the  fuct.s,  and  negotiating  to  put  an  end  to 
existing  hostilities  upon  tin?  basis  of  a  contiutieJ 
peace.  Was  it,  then,  generous  or  just  to  permit 
these  merchants,  because  our  ministers  did  not 
succeed  in  saving  all  they  claimed,  to  set  up  this 
implied  admission  of  co:itinued  jjeace  as  the 
foundation  of  a  liability  against  their  own  f;o- 
vernmcnt  to  pay  what  was  not  I'ecovered  CriJiu 
France?  He  could  not  so  consider  it,  and  he 
felt  sure  the  country  never  would  eonsent  to  .<o 
resjwnsible  an  implication  fiom  an  act  of  exces- 
sive kmdness.  Air.  W.  saiil  hennist  not  be  un- 
derstood as  admitting  that  all  was  not.  Ity  I  lie 
eliect  of  this  treaty,  recovered  from  Frantv, 
which  she  ever  recognized  to  be  due,  or  ever  in- 
tended to  jiay.  On  the  contrary,  his  best  im- 
pression was,  fi'om  what  he  hi.d  been  able  to 
learn  of  the  claims,  tliat  the  treaty  of  l.onisiann 
provided  for  the  payment  of  all  the  claims  which 
France  ever  admitted,  ever  intended  to  pay,  or 
which  there  was  the  mo.?t  remote  hope  of  re- 
covering in  any  way  whatever.  He  should,  in 
a  subsequent  part  of  his  remarks,  have  oeca.<iun 
to  examine  that  treaty,  the  claims  which  were 
paid  under  it,  and  to  compare  the  claims  paid 
with  those  urged  before  the  treaty  of  Septeniijcr, 
1800. 

"  Mr.  W.  said  he  now  came  to  the  considera- 
tion of  the  liability  of  the  United  Stales  to  tlic>e 
claimants,  in  case  it  shall  be  determined  by  the 
Senate  that  a  war  between  France  ami  tlie  I'nited 
States  had  not  existed  to  bar  ail  ground  of  claim 
either  against  France  or  the  United  States.  He 
iinderstood  the  claimanis  to  put  this  liability 
upon  the  as.seilion  that  the  government  of  the 
United  States  had  released  their  claims  agiiiibl 
France  by  the  treaty  of  the  30tli  of  Sei)teniln'r, 
1800,  and  that  the  release  was  made  for  a  i'l.'ll 
and  valuable  consideration  passing  to  tlie  liiited 
States,  which  in  law  and  equity  made  it  tiieir 
duty  to  pay  the  claims.  The  eonsideiation  pas- 
sing to  tlui  United  States  is  alleged  to  be  their 
release  from  the  onerous  obligations  imposed 


1       f  ( 


ANNO  1835.    ANDKEW  JACKSON.  PRISIDENT. 


497 


jmned  contrary  to  the  intent 
im,  b'-f..rc  the  knowledge  of 
II  be  drained,  the  property 
1,  without  delay,  be  restored 

bts  contracted  for  by  one  of 
h  indi%  idnals  of  iho  other,  or 
le  one  with  individuals  of  tho 
,id,  .ir  the  i)aynent  may  be 
same  manner  as  if  there  had 
•standing  between  the  two 
clause  shall  not  extend  to 
1  on   account  of  captures  or 

said,  was  evidence  from  the 
by  assuminf;  a  peace  basis  for 
,e  property  of  our  nu'rchants 
;()ndcnined  was  saved  1(j  them, 
lasses  of  claimants  a;iainst  tlie 
It  were  provided  for,  and  tlieir 
cserved.     So  nuich,  therefore, 
r  neftotiators  by  a  departure 
d  ncsotiiitiuK  to  i)ut  an  end  to 
s  upon  the  basis  of  a  continued 
len,  generous  or  just  to  permit 
because  o\ir  ministers  did  not 
all  they  claimed,  to  set  up  this 
,u  of  continued   peace   as  tlic 
[iabilitv  ae;ain£t  their  own  po- 
what'wa's  not  recovered  from 
dd  not  so  consider  it,  and  lie 
[\try  never  would  «'onsent  to  so 
iiplication  fiom  an  act  of  exees- 
Iv.  W.  said  he  must  not  be  uu- 
itt'ing  that  all  was  not.  by  llw 
■eaty.   recovered    fron\  Fraiiee, 
.'cognized  to  be  due.  or  ever  ui- 
bn"  the  contrary,  his  best  un- 
,m  what  he  hid  been  able  to 
Ls.  that  the  treaty  of  l.ouisuuia 
liyuient  of  all  the  claims  winch 
Ued,  ever  intended  to  pay.  or 
tlie  most  remote  hope  ot  re- 
way  whatever,     lie  should,  in 
t  of  his  remarks,  have  occa.^ion 
treaty,  the  claims  which  were 
il  to  compare  the  dauns  puul 
before  the  treaty  of  September, 

lie  now  came  to  the  considera- 
ty  of  the  United  States  to  ihe<e 
it  si'all  be  determined  by  the 
I'-tween  France  and  the  1  nited 
wistcdtobarall  ground  ol  claim 
iince  or  the  United  S.ates.    lie 
:laiuumis  to  put  this  Iwb'l'j.v 
m  that  the  government  ol  the 
Td  released  their  claims  ajiui-.M 
livty  of  the  30th  of  Septenilier 
fhe  release  was  made  lor  nlu-. 
lideration  passing  to  the  I  mtea 
law  and  ciiuity  made  it  ti>eir 
Jclaims.     The  consideration  pas- 
U  Stales  is  alleged  to  be  their 
onerous  obligations  miposed 


upon  them  b.v  the  treaties  of  amity  and  commerce 
and  alliance  of  1778,  and  the  consular  convention 
of  1778,  and  especially  and  principally  by  the 
seventeenth  article  of  the  treaty  of  amity  an<l 
coiiiinerce,  in  relation  to  armed  vessels,  pri- 
vateers, and  prizes,  and  by  the  eleventh  article 
of  the  treaty  of  alliance  containing  the  mutual 
guarantees. 

"The  release,  Mr.  W.  said,  was  claimed  to 
have  been  made  in  the  striking  out,  by  the  Se- 
nate of  the  United  SUites,  cf  the  second  article" 
of  the  treaty  of  3(lth  September,  1800,  as  that 
article  was  originally  inserted  and  agiced  upon 
by  tne  res|)cctive  negotiators  of  the  two  powers, 
as  it  stood  at  the  time  the  treaty  was  signed. 
To  cause  this  point  to  be  clearly  understood,  it 
would  be  necessar}'  for  him  to  trouble  the  Senate 
with  a  history  of  the  ratification  of  this  treaty. 
The  second  article,  as  inserted  by  the  negotia- 
tors, and  as  stJinding  at  the  time  of  the  signing 
of  the  treaty,  was  in  the  following  words : 

"'.!/■/.  2.  The  ministers  plenipotentiary  of 
the  two  powers  not  being  able  to  agree,  at  pre- 
fciit,  respecting  the  treaty  of  alliance  of  tlth 
February,  1778,  the  treaty  of  amity  and  com- 
merce of  the  same  date,  and  the  convention  of 
14tli  of  November,  1788,  nor  upon  the  indem- 
nities mutually  due  or  claimed,  the  i)arties  will 
iie.;;otiate  further  upon  these  subjects  at  a 
eoiiviiiient  time ;  and,  until  they  may  have 
a<:ivnl  upon  these  points,  the  said  treaties  and 
(■()iivontiou  shall  have  no  opeiation,  and  the  re- 
lations of  the  two  countries  shall  be  regulated 
a.>  follows : ' 

••  The  residue  of  the  treaty,  ^Ir.  W.  said,  was 
a  .substantial  copy  of  the  former  treaties  of  amity 
and  commerce,  and  alliance  between  the  two 
nations,  with  such  modifications  as  were  desir- 
alile  l«  botli,  and  fus  experience  under  the  former 
treaties  had  shown  to  be  for  the  mutual  interests 
ol'bdtli. 

"This  second  article  was  submitted  to  the 
Senate  i)y  the  President  as  a  part  of  the  tre.ity, 
as  by  the  constitution  of  tl'.e  United  States  the 
President  was  boinul  to  do,  to  the  end  that  the 
treaty  mig!<t  Ix;  properly  lalified  on  the  part  of 
ihe  United  Slates,  the  French  government  having 
lireviously  ailopted  and  ratified  it  as  it  was  signed 
iiy  the  resiM'clive  negotiators,  the  second  article 
heiiiji;  then  in  the  form  given  above.  The  Senate 
refused  to  ad\ise  and  consent  to  this  article,  and 
e.xpunged  it  from  the  treaty,  inserting  in  its 
place  the  following: 

"'It  is  agreed  that  the  present  convention 
shah  be  in  force  for  the  term  of  eight  years 
from  tlie  time  of  the  exchange  of  the  ratifica- 
tions.' 

"In  this  shape,  and  with  this  modification, 
the  treaty  was  tlulv  ratified  by  the  President  of 
tlie  United  States,  and  returned  to  the  Fixuich 
pnernnieiit  for  its  dissent  or  coiiciirrenee.  IJcn- 
aparte,  then  First  Consul,  concuried  in  the 
niodilicatiou  made  by  tlic  Senr  le,  in  the  fidlow- 
iii;:  laii;:iiage,  and  upon  the  condition  therein 
expresiHMl : 

Vol.  I.— 32 


" '  The  government  of  the  United  States  hav- 
ing added  to  its  ratification  that  the  convention 
should  be  in  force  for  the  space  of  eight  years, 
and  having  omitted  the  second  article,  tho  go- 
vernment of  the  French  Republic  consents  to 
accept,  ratify,  and  confirm  the  above  convention, 
with  the  addition,  purporting  th-.t  the  conven- 
tion shall  be  in  force  for  the  space  of  eight  years, 
and  with  the  retrenchment  of  the  second  article : 
Provided,  That,  by  this  retrenchment,  the  two 
States  rtjnounce  the  respective  pretensions  which 
are  the  object  of  the  said  article.' 

"This  ratification  by  the  French  Republic, 
thus  qualified,  was  returned  to  the  United  States, 
and  the  treaty,  with  the  respective  conditional 
ratifications,  was  again  submitted  by  the  Presi 
dent  of  the  United  States  to  the  Senate.  That 
body  '  resolved  that  the)'  considered  the  said 
c(mvention  as  fully  ratified,  and  returned  the 
same  to  the  President  for  the  usual  promulga- 
tion;' whereupon  he  completed  t''e  ratification 
in  the  usual  forms  and  by  the  u.;ual  publication. 

■'  This,  Mr.   W.  said,  was   the  documentary 
history  of  this  treaty  and  of  its  ratification,  and 
here  was  the  release  of  their  claims  relied  upon 
by  the  claimants  imder  the  bill  before  the  Senate. 
They  contend  that  this  second   article  of  the 
treaty,  as  originally  inserted  by  the  negotiators, 
reserved  their  claims  for  future  negotiation,  and 
also  reserved  the  subjects  of  disagreement  under 
the  treaties  of  amity  and  commerce,  and  of  alli- 
ance, of  1778,  and  the  constdar  ccmventicm  of 
1788  ;  that  the  seventeenth  article  of  the  treaty 
of  amit}'  and  commerce,  and  the  eleventh  article 
of  the  treaty  of  aUiance,  were  particularly  oner- 
ous ui»on  the  United  States  ;  that,  to  discharge 
the  governnient  from  the  onerous  obligations 
imposed  upon  it  in  these  two  articles  of  the  resjiec- 
tive  treaties,  the  Senate  was  induced  to  expunge 
the  second  article  of  the  treaty  of  the  3()th  Sep- 
teud)er  above  referred  to,  and,  by  consecpienct^, 
to  expunge  the  reservation  of  their  claims  as 
subjects  of  future  negotiation  between  the  two 
nations  ;  that,  in  thus  obtaining  adi.^chargc  from 
the  onerous  obiigations  of  tliese  treaties,  and 
especially  of  the  ,',wo  articles  above  designated, 
the  United  States  was  benefited  to  an  amount 
beyond  the  whole  value  of  the  claims  disciiarged, 
and  that  this  benefit  was  the  inducement  to  the 
expunging  of  the  second  article  of  the  treaty, 
with  a  full  knowledge  that  the  act  did  discharge 
the  claims,  and  create  a  legal  and  etputable  ob- 
ligation on  the  part  of  the  government  to  pay 
them. 
!      '•  These,  Mr.  W.  said,  he  understood  to  be  the 
^  assumptions   of  the  claimants,  and  this  their 
I  course  of  reasoning  to  arrive  at  the  conclusion 
I  that  the  United  States  were  liable  to  them  for 
\  the  amount  of  their  claims.     He  nnist  hereniise' 
I  a  preliminary  question,  whi(di  he  lia<l  satisfied 
I  himself  would  show  these  assumptions  of  the 
'  claimants  to  be  wholly  without  foundation,  so 
fa;  as  the  idea  of  benefit  to  the  United  Slates 
j  wii."  su])posed  to  he  derived  from  expunging  this 
I  second  article  of  tho  treaty  of  18UU.     What,  ho- 


•v__ 


498 


THIRTY  YEARS'  VIEW. 


m 

i 

|pP 

mm 


.^''■H*itii-:i 


n^rnry. 


.•:-.H    -^ 


I'll-  JtfJ 


ill!' 


'"lii , 


1! 

i 

iiiil: 


miis*  be  iicnnitted  to  ask,  would  have  been  the 
liability  tiftlie  United  States  under  tlic  '(neions 
obligations  '  referred  to,  in  case  tbc  Senate  bad 
ratified  the  treaty,  retaining  this  second  article  ? 
The  binding  force  of  the  treaties  of  nniity  and 
commerce,  anil  of  alliance,  and  of  the  consular 
convention,  was  relea-od,  and  the  treaties  and 
convention  were  themselves  puspended  by  the 
ver^-  article  in  question  ;  and  the  subjects  of 
disagreement  growing  out  of  them  were  merelj^ 
made  nwtters  of  future  negotiation  'a#  a  con- 
venient tinft'.'  What  was  the  value  or  the 
burden  of  such  an  obligation  upon  the  United 
States  ?  for  this  was  the  cidy  obligation  from 
M'hich  om*  government  was  released  by  striking 
out  the  article.  Tiie  value,  Mr.  W.  said,  was 
the  value  of  the  privilege,  being  at  perfect  liberty, 
in  the  premises,  of  assenting  to  or  dissenting 
from  a  bad  bargain,  in  a  mutter  of  negotiation 
between  ourselves  and  a  foreign  power.  This 
was  the  consideration  passing  to  the  United 
States,  and,  so  far  as  he  was  able  to  view  the 
subject,  this  was  all  the  consideration  the  go- 
verimient  had  received,  if  it  be  granted  (which 
he  must  by  no  means  be  understood  to  admit), 
that  the  stiiking  f)ut  ot  the  article  was  a  release 
of  the  claims,  and  that  such  release  was  intended 
as  a  consideration  f(ir  the  IxMielits  to  accrue  to 
the  goverinuent  from  the  act. 

"  Mr.  W.  said  he  felt  bound  to  dwell,  for  a  mo- 
ment, upon  this  point.  What  was  the  value  of 
an  obligation  to  negotiute  '  at  a  convenient  time  ? ' 
AVas  it  any  thing  to  be  valued  ?  The  'conven- 
ient time'  might  never  arrive,  or  if  it  did  arrive, 
ftnd  negotiations  were  opened,  were  not  the 
government  as  much  at  liberty  as  in  any  other 
ease  of  negotiation,  to  refuse  propositions  which 
were  deemed  disadvantageous  to  itself?  The 
treaties  were  susjiended,  and  could  not  be  re- 
vived without  the  consent  of  the  United  States  ; 
and,  of  consequence,  the  'onerous  obligations' 
comprised  in  certain  articles  of  these  treaties 
were  also  Suspended  until  the  same  con.sent 
should  revive  them.  Could  he,  then,  be  mistaken 
in  the  conclusion  that,  if  the  treaty  of  1800  bad 
been  ratilicd  with  the  second  article  forming  a 
part  of  it,  as  originally  agreed  by  the  negotiators, 
the  United  States  woulil  have  been  as  eifeetually 
released  from  the  onerous  obligations  of  the 
former  treaties,  until  those  obligations  should 
again  be  put  in  force  by  their  consent,  as  they 
were  r'leased  when  that  article  was  stricken 
out,  and  the  treaty  ratified  without  it?  In 
short,  could  he  be  mistaken  in  the  position  that 
all  the  inducemeni,  of  a  national  character,  to 
cxi)unge  that  article  from  the  treaty,  was  to  get 
rid  of  an  obligation  to  negotiate  'at  a  conve- 
nient time?'  And  could  it  be  possible  that 
such  an  inducement  would  have  led  tiie  Senate 
of  the  United  States,  \mderstanding  this  eonse- 
quenee.  to  iinjiose  upon  tlie  government  a 
liability  to  the  amotuit  of  iji<.").0(iO,(KlO  ?  He  could 
not  adopt  so  jib-urd  a  siqiposition  ;  and  he  felt 
himself  eomiielled  to  say  that  tliis  view  of  the 
action  of  the  government  in  the  ratilicatiou  of 


the  treaty  of  1800.  in  his  mind,  pnt  an  end  to 
the  pretence  that  the  striking  out  of  this  article 
relieved  the  Ignited  States  from  obligations  so 
(merous  as  to  form  a  valuable  consideration  for 
the  payments  provided  for  in  this  bill.  Ho 
could  not  view  the  obligation  released — a  mere 
obligation  to  negotiate — as  onerous  at  all,  or  as 
forming  any  consideration  whatever  for  a  pecuni- 
ar}' liability,  much  less  for  a  liability  for  millions. 

"Mr.  AV^.  said  lie  now  proposed  to  consider 
whether  the  efl'ect  of  expunging  the  second  ar- 
ticle of  the  treat}'  of  1800  was  to  release  any 
claim  of  value — any  claim  which  France  had 
ever  acknowledged,  or  ever  intended  to  pay. 
lie  bad  before  shown,  by  extracts  from  the 
foin-th  and  fifth  articles  of  the  treaty  of  1800 
that  certain  classes  of  claims  were  saved  b}'  thut 
treaty,  as  it  was  ratified.  The  claims  so  re- 
served and  provided  for  were  paid  in  pui'stiancc 
of  provisions  contained  in  the  treaty  betwetii 
France  and  the  I'nited  States,  of  the  30th  (if 
April,  1803  ;  and  to  determine  what  claims  were 
thus  paid,  a  reference  to  some  of  the  articles  of 
that  treaty  was  necessarj'.  The  purchase  nl' 
Louisiana  was  made  by  the  United  States  fur 
the  sum  of  80,000,000  of  francs,  r.(),0()(i,(l()0  „f 
which  were  to  be  i)aid  into  the  French  trea>tu" . 
and  the  remaining  20,000,000  were  to  be  applid 
to  the  piiynient  of  these  claims.  Three  s<'p;ir,ito 
treaties  w''re  made  between  the  parties,  iK-ariii^ 
all  the  same  date,  the  first  providing  fir  tin 
ct'sslon  of  the  tenitory,  the  second  for  tlic|i:!v. 
ment  of  the  t;0,('00,000  of  francs  In  the  I'nnAi 
treasury,  and  the  third  for  the  adjustment  ami 
payment  of  the  claims. 

"Mr.  \V.  said  (he  refeivncos  proposed  weiv  ht 
the  last-named  treaty,  and  were  the  folKuvinu': 

"  'Art.  1.  The  debts  due  by  France  to  citiziiw 
of  the  United  Slates,  contracted  before  Hie  Stji 
of  Vendcmiaire,  ninth  year  of  the  French  lie- 
public  (30th  SeptembiT,  1800),  shall  be  pM 
according  to  the  folhnving  regulations,  with  in- 
terest at  six  pel-  cent.,  to  connnence  from  (he 
period  when  the  accounts  and  vouchers  were 
presented  to  the  French  government.' 

"'.4/7.12.  The  debts  provided  for  by  the  pre- 
ceding article  are  (hose  whose  result  is  coniiirixij 
in  the  conjectural  note  annexed  to  the  invseiit 
convention,  and  wliieh,  with  the  interest,  eaiiiuit 
exceed  the  sum  of  twenty  millions  of  fiaiu'-. 
The  claims  comprised  in  the  said  note,  wiiieh 
fall  within  the  exceptiims  of  the  following  ar:i- 
cles.  shall  not  lie  admitted  to  the  benefit  of  tiii> 
provision.' 

" '  .1//.  4.  Tt  is  expressly  agreed  that  tlic  piT- 
ceding  articles  shall  comprehend  no  debt-  but 
such  as  are  due  to  citizens  of  the  United  S(nto-. 
who  have  been  and  arc  yet  creditors  of  Fiance. 
for  supjilies,  for  eiidiargoes.  and  prizis  made  at 
.H'a.  in  which  the  appeal  has  been  iirojierly  led^'wi 
within  the  time  mentioned  in  the  said  conven- 
tion of  the  8th  A'endemiaire,  ninth  year  (•lOtli 
Septend)er,  1800).' 

"'/1/7.  5.  The  preceding  articles  shall  applv 
only.  1st,  to  captures  of  which  the  council  of 


ANNO  1835.    ANDREW  JACKSON,  PRESIDENT. 


499 


n  liis  mind,  put  an  end  to 
e  striking  ovit  of  this  article 
States  from  obligations  so 
a  valuable  consideration  for 
nded  for  in  this  bill,     lie 
obligation  released— a  mere 
,jte— as  onerous  at  all,  or  as 
ration  whatever  for  a  penuii- 
Icss  for  a  liability  for  miliums. 
2  now  proposed  to  consKler 
of  expunging  the  second  ar- 
of  1800  was  to  release  aiiy 
ny  claim  which  France  had 
1    or  ever  intended  to  pay. 
,own,  by  extracts  fi'"'"  tk 
rticlcs  of  the  treaty  of  1800, 
s  of  claims  were  saved  by  that 
ratified.     The  claims  so  re- 
•d  for  were  paid  in  pui-suance 
Uiined  in  the  treaty  between 
nited  States,  of  the  SUth  of 
to  determine  what  claims  were 
Mice  to  some  of  the  articles  of 
necessarj'.    The  purchase  of 
...k.  by  the  United  States  fer 
,0  000  of  francs,  (U),0()(M>00  of 
p'aid  into  the  French  tieaMir, 
n  '10  000,000  were  to  be  ai);)lid 
,T'  Ih'cse  claims.    Three  sejianitf 
,lo  between  the  parties,  beanii:: 
te    the  ^lr^t  providing    nr  tli. 
rritory,  the  second  for  the  l^;- 
^00  000  of  francs  to  the  trencli 
„■  third  for  the  adjustment  aiM 

claims. 

the  refeivncos  proposed  weiv  1m 
reatv,  and  were  the  follv>win;-': 
l^U.l.ts  due  by  France  to  c,tr/.e.^ 
,>tes,  contracted  before  the  Ml. 
ninth  year  of  the  French  h.- 
.utember,  1800),  shall  he  p.ul 
following  regulations  with  m- 
cent     to  commence  ln>m  tiii' 
U.   accounts  and  vouchers  were 
French  government, 
.lehts  provide<l  for  by  the  im- 
those  whose  roult  is  coii.i.vN'l 

ill   note  annexed  to  the  invseiU 
whleh,wilh  the  interest  ciuiiiHt 

,  „r  twenty  millions  ot  Inw- 
L,ised  in  the  said  note,  wluA 
.'.vptions  of  the  folhnyiii^^a  ■..- 
admitted  to  the  beneht  of  tin. 

Is  expressly  agreed  that  the  F- 

Lhall  comprehend  no  dehts  Ut 
rociti/.ensofthormteaMa  - 
Lnd  arc  yet  creditors  of  iM-nm 
[.mbarg.;e3,  and  prizes  maa  J 
'appeal  has  been  proper  \hHH 
..  !,|.,itioned  in  the  saul  eo ,  > 
h'endemiaire,  nuith  year  (.iOtli 

t^nrcccding  articles  shall  ajiplr 
litu.es  of  which  the  council  of 


prizes  shall  have  ordered  restitution,  it  being 
well  understood  that  the  claimant  cannot  have 
lYCoiu'se  to  the  United  States  otherwise  than 
l""  iiii"lit  have  had  to  the  government  of  the 
I'lcncli  Republic,  and  only  in  case  of  the  insuffl- 
cieiuy  of  the  captors  ;  2d,  the  debts  mentioned 
in  tlie  said  fifth  article  of  the  convention,  con- 
tracteil  before  the  8th  Vendeniaire,  and  9  ''SOth 
September,  1800),  the  payment  of  whic' .  has 
been  lieietoforc  ch4imeil  of  the  actual  g.,i'ern- 
luent  of  France,  and  for  which  the  creditors 
have  a  right  to  the  protection  of  the  United 
States;  the  said  fifth  article  does  not  compre- 
Ir'ikI  Di'izes  who.se  condemnation  has  been  or 
shall  be  confirmed ;  it  is  the  express  intention 
(if  the  contracting  parties  not  to  extend  the 
lieiieiit  of  the  present  convention  to  reclama- 
tiiinsof  American  citizens,  who  shall  liavc  es- 
tablished houses  of  commerce  in  France,  Eng- 
laiiil.  or  other  countries  than  the  United  States, 
in  partnership  with  foreigners,  and  who  by  that 
leason  and  the  nature  of  tlieir  coinmcrce.  ought 
to  be  regarded  as  (loinicili;.>ed  in  the  places 
where  such  houses  exist.  All  agreements  an.l 
bav;:ains  concernijig  merchandise,  which  shall 
nut  be  the  property  of  American  citizens,  are 
ri[nally  excepted  from  the  benefit  of  the  said 
rnnventiaii,  saving,  however,  to  such  per.sons 
their  ejainis  in  like  manner  as  if  this  treaty  had 
nut  been  made. 

'■  From  these  provisions  of  the  treaty,  Jfr.  W. 
s:ii^l,  it  would  a|near  that  the  claims  to  be  paid 
were  of  tliree  descriptions,  to  wit : 

'•  1.  Claims  for  supplies. 

'••2.  Claims  for  embargoes. 

'11.  Claims  for  captures  made  at  sea,  of  a  de- 
.srription  defined  in  the  last  clause  of  the  4th 
,in<l  the  first  clause  of  the  5111  article. 

''  linw  far  these  claims  embraced  all  whicli 
France  ever  acknowledged,  or  ever  intended  to 
pay,  Mr.  \V.  said  he  was  unable  to  .snj-,  as  the 
time  allowed  him  to  examine  the  cas(>  had  not 
]ierniitted  him  to  look  siifliciently  into  the  docu- 
ments to  make  up  his  mind  with  prccisirm  upon 
this  point.  lie  had  found,  in  a  report  r.ie.de  to 
the  Senate  on  the  14th  of  .lanuary,  IH.jl,  in  fa- 
vorof  this  bill,  by  the  honorable  >Ir.  I-iviiigston, 
t!  en  a  Senator  from  the  State  of  Louisiana,  the 
f  illowing  classification  of  the  French  claims,  as 
insisted  on  at  a  period  before  tlie  making  of  the 
treatyof  180O. !  .  wit: 

'■'1.  From  tilt  capture  and  detention  of  about 
fifty  vc3>els. 

'■'2.  The  detention,  for  a  year,  of  eighty  other 
I  Tev=cls.  under  the  T5ordeau.\  embargo. 

""  'i.  The  non-paj'mont  of  supplies  to  the  West 
\  India  islands,  and  to  continental  France. 

"■■1.  Fortlepredations  committed  on  our  com- 
^  mome  in  the  West  Indies.' 

"Mr.  W.   said   the   comparison  tf  the   two 

tCi.,ssifications  of  claims  would  show,  at  a  single 

,, I  view,  that  Xo.s.  2  and  3  in  Mr.  Livingston's  list 

[f  were  provided  for  by  the  treaty  of  1803,  from 

Iwhich  he  had  read.     Vt'liether  any,  and  if  any, 

|what  portions  of  Nos.  1  and  4  in  Mr.  Living- 


ston's list  were  embraced  in  No  3  of  the  [iro- 
visions  of  the  treaty,  as  he  had  numbered  them, 
he  was  unable  to  say  ;  but  this  nuich  he  could 
say,  that  he  had  found  nothing  to  .satisfy  his 
mind  that  parts  of  both  those  das.ses  of  claims 
were  not  so  included,  and  therefore  provided  for 
and  paid  under  the  treaty;  nor  had  he  l)een  able 
to  find  any  thing  to  show  that  tliis  treaty  of 
1803  did  not  provide  for  and  pay  all  the  claims 
which  France  ever  acknowledged  or  ever  in- 
tended to  pay.  lie  was,  therefore,  unprepared 
to  ad;nit,  and  did  not  admit,  that  any  thing  of 
value  to  any  class  of  individual  claimants  was 
released  by  expunging  the  second  original  ar- 
ticle from  the  treaty  of  the  30th  September, 
1800.  On  the  contrary,  he  was  strongly  im- 
{fressed  with  the  belief  that  the  adjustment  of 
claims  provided  for  in  the  treaty  of  1803  had 
gone  to  the  whole  extent  to  which  the  French 
government  had,  at  any  period  of  the  negotia- 
tions, intended  to  go. 

"Mr.  W.  said  this  impression  was  greatly 
strengthened  by  the  circumstance  that  the  claims 
under  the  Bordeaux  embargo  were  expressly 
provided  for  in  this  treaty,  while  he  could  see 
nothing  in  the  treaty  of  1800  which  seemed  to 
him  to  authorize  the  supposition  that  this  class 
of  claims  was  more  clearly  embraced  within  the 
reservations  in  that  treaty  than  any  class  which 
had  been  admitted  by  the  French  government. 

"  Another  fact,  Mr.  W.  said,  was  material  to 
this  subject,  and  should  be  borne  carefully  in 
mind  by  every  senator.  It  was,  that  not  a  cent 
was  paid  by  France,  even  upon  the  claims  re 
served  and  admitted  by  the  treaty  of  1800,  un 
til  the  sale  of  Louisiana  to  the  United  States, 
for  a  sum  greater  by  thirty  millions  of  francs 
than  that  for  which  the  French  minister  was 
instructed  to  sell  it.  Yes,  Mr.  President,  said 
^Ir.  W.,  the  only  pa3menl  yet  made  upon  any 
portion  of  these  claims  has  been  virtually  made 
by  the  United  States  ;  for  it  hits  been  made  out 
of  the  consideration  money  paid  for  Louisiana, 
after  paying  into  the  French  treasnry  ten  mil- 
lions of  i^'ancs  be3-ond  the  price  France  herself 
placed  upe.i  the  territory.  It  is  a  singular  fact 
that  the  Frei.eh  negotiator  was  instructed  to 
make  the  sale  for  fifty  millions,  if  he  could  get 
no  more ;  and  when  he  foun<l  that,  by  yielding 
twenty  millions  to  pay  the  claims,  he  could  get 
eighty  millions  for  the  territory,  and  thus  put 
ten  millions  more  into  the  treasury  of  his  na- 
tion than  she  had  instructed  him  to  ask  for  the 
whole,  lie  yielded  to  (he  claims  and  closed  the 
treaty.  It  was  safe  to  say  that, hut  for  this  specu- 
lation in  the  sale  of  Louisiana,  not  one  dollar 
would  have  been  paid  upon  the  claims  to  this 
day.  All  our  subsequent  negotiations  with 
France  of  a  similar  character,  and  our  present 
relations  with  that  countr}',  growing  out  of  pri- 
vate claims,  justify  this  jujsition.  What,  then, 
would  have  t)een  the  value  of  claivs,  if  such 
fairly  existed,  which  were  not  acknowledged 
and  provided  for  by  the  treat}'  of  1800,  hut  were 
left  for  future   negotiation    'at  a  oouveiiient 


(  '^ 


I  t 


f- 


flflf    , 


} 


J'~'    -'    'U^    ■    ' 


I  !J 


500 


THIRTY  YEARS'  VIEW. 


tiir.c  ? '  Would  tlu'y  have  l)wn  wortli  tlie  five 
nii.'lions  of  dollars  you  projKiac  to  n]>pr(>|iriatc 
by  this  hill  ?  Would  (hoy  havo  heon  worth 
fiirtluT  negotiation  ?  He  thought  they  would 
not. 

"  Mr.  AY.  said  ho  would  avail  himself  of  this 
occasion,  when  speaking  of  the  treaty  of  Louisi- 
ana and  of  it'^  connection  with  these  claims,  to 
oxi)lain  a  mistake  into  which  he  had  fallen,  and 
which  ho  found  fmm  conversation  with  .several 
pontlomon,  who  had  heen  for  some  yoara  meni- 
hers  of  Congress,  had  lu'cn  common  to  them 
anil  to  himself.  The  mistake  to  which  he  al- 
luded wiis,  the  supposition  that  the  claimants 
under  this  hill  put  their  case  upon  the  assump- 
tion that  their  claims  had  constituted  part  of 
the  consideration  for  which  Louisiana  had  been 
ceded  to  the  United  Slates;  and  that  the  con- 
sideration they  contended  the  government  had 
received,  and  upon  which  its  liability  n'sted, 
was  the  cession  of  tliat  territory  for  a  less  sum, 
in  money,  tlian  was  considered  to  be  its  value, 
on  account  of  the  reUase  of  the  French  govern- 
ment from  those  |)rivate  claims.  He  had  rested 
mider  this  misapprehension  until  the  opening 
of  the  present  debate,  and  luitil  he  commenced 
an  examination  of  the  case.  He  then  found  that 
it  was  uu  entire  niis'ipprehension  ;  that  the  Uni- 
ted States  had  paid,  in  money,  for  Louisiana, 
thirty  millions  of  francs  beyoufi  the  price  which 
France  had  .«et  upon  it ;  that  the  claimants  un- 
der this  bill  did  not  rest  their  claims  at  all  up- 
on liiis  basis,  and  that  the  friends  of  the  bill  in 
the  Senate  did  not  pretend  to  derive  the  liability 
of  the  government  from  (his  source.  Mr.  AY. 
said  he  was  induced  to  make  this  exi)lanatiou 
in  justice  to  himself  and  k'cause  there  might 
be  some  person  witliin  the  hearing  of  his  voice 
who  might  still  be  under  the  same  misappre- 
hension. 

"  He  had  now,  Mr.  AA"".  .said,  attempted  to 
establish  the  following  propositions,  viz. : 

''  L  That  a  state  of  actual  war,  by  wliich  he 
meant  a  state  of  actual  hostilities  and  of  force, 
and  an  interruption  of  all  diplomatic  or  friendly 
Intercourse  between  the  United  States  and 
France,  had  existed  from  the  time  of  the  i)as- 
sage  of  the  acts  of  the  7th  and  0th  of  July, 
1708.  before  referred  to,  until  the  sending  of  the 
negotiators,  JiJllsworth,  Davie,  and  Murray,  in 
1800,  to  make  a  treaty  whicli  put  an  end  to  the 
hostilities  existing,  upon  (he  best  terms  that 
could  be  obtained;  and  that  the  treaty  of  the 
30th  of  September,  1800,  concluded  by  these 
negotiators,  was,  in  fact,  and  so  far  as  private 
claims  were  concerned,  to  bo  consideivd  as  a 
treat}'  of  peace,  and  to  conclude  all  such  claims, 
not  reserved  by  it,  as  finally  nititied  by  the  two 
powers. 

*'  2.  That  the  treaty  of  amity-  and  commerce, 
and  the  treaty  of  alliance  of  1778,  as  well  as 
the  consular  convention  of  1788,  were  suspended 
by  the  2d  article  of  the  treaty  of  18(}0,  and 
from  that  time  became  mere  matters  for  negotia- 
tion between  the  parties  at  a  convenient  time ; 


that,  therefore,  the  desire  to  get  rid  of  these 
treaties,  and  of  any  '  onerous  obligations '  con- 
tained in  them,  was  only  the  desire  to  get  riil 
of  an  obligation  to  negotiate  'at  a  convenient 
time  ; '  and  that  such  a  consideration  could  not 
liavo  induced  the  Senate  of  the  United  States  to 
expimge  that  article  from  the  treaty,  if  thereby 
that  body  had  supposed  it  was  imposing  ujwn 
the  coimtry  a  liability  to  pay  to  its  citizens  the 
sum  of  five  millions  of  dollars — a  sum  much 
larger  than  France  had  asked,  in  money,  for  a 
full  discharge  from  the  'onerous  obligations' 
relied  upon. 

" ;?.  That  the  treaty  of  1800  reserved  and 
provided  for  certain  portions  of  the  claims ;  that 
|)ayment,  according  to  such  reservations,  \va.s 
made  under  the  treaty  of  180.'{;  and  th.it  it  is 
at  least  doubtful  whether  the  payment  thns 
made  did  not  cover  all  the  claims  ever  admittiii, 
or  ever  intended  to  be  paid  by  France ;  for 
which  reason  the  expvmging  of  the  second  arti- 
cle of  the  treaty  of  1800,  by  the  Senate  of  tlie 
United  States,  in  all  probability,  released  no- 
thing which  ever  had,  or  which  was  ever  likely 
to  have  value. 

"  Mr.  AY.  .said,  if  he  had  been  successful  in 
establishing  either  of  these  positions,  there  \v;i« 
an  end  of  the  claims,  and,  by  consetpiena',  .t 
defeat  of  the  bill. 

"The  advocates  of  (he  bill  conceded  that  two 
positions  must  be  established,  on  their  jmrt,  to 
sustain  it,  to  wit : 

"  1.  That  the  claims  were  valid  claims  ;ipain>t 
Fnina*,  and  had  never  been  paid.     And 

''  2.  That  they  were  released  by  the  govern- 
ment of  the  I'nited  States  for  a  full  and  valua- 
ble consideration  passing  to  its  benefit  by  nieaii* 
of  the  release. 

"If,  then,  a  state  of  ^ar  had  existed,  it  would 
not  be  contended  that  an}'  claims  of  tliis  via- 
racter,  not  reserved  or  jirovided  for  in  tlie 
treaty  of  peace,  were  valid  claims  after  thera- 
titication  of  such  a  treaty.  His  first  pniimsi- 
tion,  therefore,  if  sustained,  would  deleat  tho 
bill,  by  establishing  the  fact  that  the  claiinN  il 
not  reserved  in  the  treat}'  of  1800,  were  not 
valid  claims. 

"  The  second  proposition,  if  sustained,  wouM 
establish  tho  fa<'t  that,  inasmuch  as  the  valu- 
able consideration  passing  to  the  United  Stat(> 
was  alleged  to  grow  oi;t  of  the  '  onerous  ulili- 
gations  '  in  the  treaty  of  amity  and  eonnnim'. 
the  treaty  of  alliance,  and  the  consular  convcn- 
ti(m ;  and  inasnuich  as  these  treaties,  ami  nil 
obligations,  past,  jiresent,  or  futtiro,  'onemu."' 
or  otherwise,  growing  out  of  them,  «ert>  siiv 
jK'nded  and  made  iiu>perative  by  the  secniil 
article  of  the  i  .'aty  of  the  .'iOth  of  SeptoiuWr. 
1800,  until  further'negotiation,  by  the  cnnim!! 
consent  of  both  jiovaiM,  should  revive  them,  tie 
Senate  of  the  United  States  could  not  have  «• 
pected,  when  they  expi'nged  this  article  tMU 
the  treaty,  that,  by  thus  discharging  the  piverii- 
ment  from  an  obligation  to  negotiate  'at  a  con- 
venient time,'   they  were  incurring  against  it  i 


I 


ANNO  18.^6.    ANDREW  JACKSON,  IMIESIDENT. 


501 


»e  desire  to  pet  rul  of  these 
,V  '  onerous  obliRations '  con- 
ms  only  the  <ksire  to  K'ol  ml 
to  negotiate  'at  a  convenient 
such  a  consideration  could  not 
Senate  of  the  United  States  to 
de  from  the  treaty,  if  thereby 
mposcd  it  was  imposmp;  \\\m 
.bility  to  pay  to  its  citizens  the 
lions  of  dollars— a  sum  niueli 
ce  had  asked,  in  money,  for  a 
•om  the    'onerous  obligations' 

treaty  of  1800  reserved  und 
ain  portions  of  the  claims ;  tlwt 
ling  to  such  reservations,  was 

treaty  »f  1^^'^'  '^"'^  that  it  is 
1,1  whether  the  payment  tlms 
vcr  all  the  cliiims  ever  admiltid, 
,1  to  be  paid  by  France;  for 
le  expunging  of  the  second  arii- 
V  of  1800,  by  the  Senate  of  llic 
in  all  probability,  released  iio- 
;r  had,  or  which  was  ever  likely 

d  if  he  had  been  successful  in 
her  of  these  positions,  there  wii? 
claims,  and,  by  conseciuenw,  a 

itcs  of  the  bill  conceded  that  two 
1,0  established,  on  their  purt,  to 

0  Jlaims  were  valid  claims  against 
id  never  been  paid.     And 
liev  were  released  by  the  Rovorn- 
ni\c.l  States  for  a  full  and  valua- 
on  passing  to  its  benelit  by  lueam 

state  of  ^ar  had  existed,  it  would 
led  that  any  claims  of  tins  eha- 
e^erved  or  provided  lor  in  tin' 
were  valid  claims  after  the  ra- 
;;h  a  treaty.  His  first  F'^p,..- 
1.  if  sustained,  would  deteat  tl,o 
fchiiig  the  fact  that  the  (rlaiiix.  il 
[in  the  treaty  of  1800,  weve  not 

Id  proposition,  if  sustained,  wouM 
L-tthat,  inasmuch  as  the  van. 
[tion  passing  to  the  L lilted  Stat. 
r,  .now  out  of  the  '  onerous  M- 
|,e  treaty  of  amity  and  coim.Krrt. 
llliaiicean.l  the  consular  counn- 
Lnmch  as  these  treaties,  ami ». 
Lf  present,  or  future,  -oiieivu. 
'  growing  out  of  them  were  SU-; 

made   inoperative   by   the  >e.n. 
,       atv  of  the  aOth  of  SeptemWr, 

rther-negotiation,by  thecomn« 

tl  powers,  should  revive  t  ".-a  tl 

United  States  could  ""t ''f  ^  „ 
,  thev  expm.ged  thi.  art.ele  \ms 
lat  i;ythusdischaniingtlut.-vc.'v 

^  oblivion  to  negotiate 'at  ac 
'   they  were  incurrmgai-amsl  It  • 


liability  of  millions ;  in  other  words,  the  dis- 
cliaij-'c  of  the  govenunent  from  an  obligation  to 
ue^iotiate  upon  any  8  dyect  'at  a  cinvenient 
time,'  cdulil  not  have  been  considered  by  the 
Senate  of  the  Unite.'  States  as  a  good  and  valu- 
lilile  consideration  for  the  payment  of  private 
claims  to  the  amount  of  five  millions  of  dollars. 
"'I'lie  third  i>roposition,  if  sustained,  wouhl 
prove  that  all  tlie  el  liniBeveracknowledged, or  ever 
iiiteiiiled  to  be  ]mul  by  France,  were  pai<l  under 
the  tivaty  of  IHOH,  and  that,  therefore,  as  claims 
lu'ver  admitted  or  recognized  by  France  would 
seareily  be  urged  as  valid  claims  against  her, 
iKi  valid  claims  remained ;  ami,  consetpientiy, 
the  exjmiigiiig  of  the  ,'<ecoiid  article  of  the  treaty 
of  tiie  30th  of  September,  ISOO,  released  nothing 
which  was  valid,  and  nothing  remained  to  be 
],;iid  by  the  Uniti  (1  States  as  a  liability  incurred 
liv  that  iiioililicalion  of  that  treaty.  Here  Mr. 
AV.  said  he  would  rest  his  reasoning  as  to  these 
three  proiMisitions. 

"  IJiil  if  the  Senate  should  determine  that  he 
had  Ikcu  wrong  in  them  all,  ami  had  failed  to 
sii>taiii  either,  he  had  still  another  proposition, 
wh  cli  he  considered  conclusive  and  unanswer- 
alile,  iis  to  any  valuable  consideration  for  the  re- 
lra>e  of  these  claims  having  passed  to  the  United 
.■^tates  in  consequence  of  their  discharge  from 
the  'onerous  obligations'  said  to  have  been 
eiintained  in  the  former  treaties.  These  '  one- 
niiis  obligations,'  and  the  only  ones  of  which 
he  had  heard  any  thing  in  the  course  <jf  the  de- 
hate,  or  of  which  he  had  found  any  thing  in  the 
dieiiineiits,  arose  under  the  17th  article  of  the 
,reat\  of  amity  and  commerce,  and  the  11th 
article  of  the  treaty  of  alliance  ;  and,  in  relation 
to  both,  he  laid  down  this  broad  proposition, 
which  would  1k'  fully  sustained  by  the  treaties 
themselves,  and  by  every  act  and  every  expres- 
sion on  the  i)art  of  the  American  negotiators, 
."•.id  tlie  government  of  the  United  States,  viz. : 
"'The  obligations,  liabilities,  and  responsi- 
bilities, iin|K)sed  ujm)!!  the  government  of  the 
United  Stales  and  upon  France  by  the  17th 
article  of  the  treaty  of  amity  and  commerce  of 
177M,  and  by  the  11th  article  of  the  treaty  of 
alliance  of  1778,  where  mutual,  reciprocal,  and 
e(|iial:  each  formed  the  consic'.'ration,  and  the 
only  considerati(m,  for  the  other;  and,  therefore, 
any  release  which  discharged  both  powers 
from  tlio.se  liabilities,  resjxmsibilities,  ,iiid  obli- 
i;ations,  must  have  been  mutual,  reciprocal,  and 
e(iual ;  and  the  rclea.«e  of  either  must  have 
foiined  a  full  and  valuable  consideration  for  the 
:  release  of  the  other.' 

".Mr.  W.  said  he  would  not  trouble  the  Senate 
by  ajraiu  reading  the  articles  from  the  respective 
treaties.  They  would  be  recollected,  and  no  one 
would  ontrovert  the  fact  that,  when  the  trea- 
ties \v(  a'  made,  these  articles  were  intended  to 
contain  mutual,  reciprocal,  and  equal  obligations. 
By  the  first  we  gave  to  France  the  liberty  of 
our  ports  for  her  armed  vessels,  privateers,  and 
prizes,  and  prohibited  all  other  powers  from  the 
eujoyuicnt  of  the  same  privilege  5  and  Franco 


gave  to  us  the  liberty  of  her  ports  for  our  armed 
vessels,  privateers,  and  prizes,  and  guarded  the 
privilege  by  the  same  jirohibition  to  other 
powers  ;  and  by  the  .second  we  guaranteed  to 
France,  for  ever,  her  pos.sessions  in  America, 
ami  France  guaranteed  to  us,  for  ever,  'our  lib- 
erty, s(ivereignly,  and  indeiK-ndence.  absolute 
and  unlimited,  as  well  in  matters  of  government 
as  commerce.'  Such  were  the  obligations  in 
their  original  inception.  Will  it  be  contended 
that  they  were  not  mutual,  reciprocal,  and  efpial, 
and  that,  in  each  instance,  the  one  did  not  form 
the  consideration  for  the  other  ?  Surely  no  one 
will  take  this  ground. 

"If,  then,  said  Mr.  W.,  the  obligations  im- 
posed uiMm  each  government  by  these  articles 
of  the  respective  treaties  were  mutual,  recipro- 
cal, and  equal,  when  undertaken,  they  must 
have  remained  equal  until  abrogated  by  war,  or 
changed  b}'  treaty  stipulation.  No  treaty,  sub- 
sequent to  tho.se  which  contain  the  <d)ligations, 
had  aflected  them  in  any  manner  whatever.  If, 
as  he  had  attempted  to  show,  war  had  existed 
from  July,  1778,  to  1800,  that  would  not  have 
rendered  the  obligations  uneijiial,  but  would 
have  abrogated  them  altogether.  If.  as  the 
friends  of  the  bill  contend,  there  had  been  no 
war,  and  the  treaties  were  in  full  force  uj)  to 
the  signing  of  the  convention  of  the  .''0th  of  Sep- 
tember, 1800,  what  was  the  ellect  of  that  treaty, 
as  originally  signed  by  the  negotiators,  ui)on 
these  mutual,  reciprocal,  and  e(iual  obligations  ? 
The  second  original  article  of  that  treaty  will 
answer.  It  did  not  attempt  to  disturb  their 
mutuality,  reciprocity,  or  ecpiality,  but  suspend- 
ed them  as  they  were,  past,  present,  or  future, 
and  made  all  the  subject  of  future  negotiation 
'  at  a  convenient  time.' 

"  But,  Mr.  W.  .sai<l,  the  Senate  of  the  United 
States  expunged  this  article  of  the  treaty  of 
1800,  and  refu.'<ed  to  advise  and  consent  to  rati- 
fy it  as  a  part  of  the  treaty  ;  and  hence  it  was 
contended  the  United  States  had  discharged 
themselves  from  the  'onerous  obligations'  of 
these  articles  in  the  respeciive  treaties,  and  had, 
by  that  act,  incurred,  to  the  claimants  under 
this  bill,  the  heavy  liability  which  it  recognizes. 
If  the  expunging  of  that  article  di.scharged  the 
United  States  from  obligations  thus  onerous, 
did  it  not  discharge  France  from  the  fellow  obli- 
gations ?  AVas  not  the  discharge,  made  in  that 
manner,  as  mutual,  reciprocal,  and  ecjual,  as  the 
obligatioi  s  in  their  inception,  and  in  all  their 
subserjueiit  stages  up  to  that  act  ?  IIow,  then, 
could  it  be  contended  that  the  discharge  of  the 
one  was  not  a  full  and  adequate  consideration 
for  the  discharge  of  the  other  ?  Nothing  upon 
the  face  of  the  treaties  authorized  the  introduc- 
tion of  this  inequality  at  this  step  in  tlie  official 
proceedings.  Nothing  in  the  record  of  the  jjro- 
ceedings  of  the  Senate,  when  acting  upon  the 
article,  indicates  that  tliey  intended  to  pay  five 
millions  of  dollars  to  render  this  mutual  release 
equal  between  the  two  powers.  The  obligations 
and  rcspoDsibilitieii  were  reserved  as  subjects  of 


502 


THIRTY  YEARS'  VIEW. 


If  >:««:«  I 


'•MM 


I'W 


::      '!! 


Ill  I; 


future  negotiation,  upon  terms  of  equality,  and 
the  striking;  out  of  that  reservation  was  but  a 
nmtiial  and  leciprocal  and  equal  release  from", 
the  obligation  further  to  nepfotiate.  This  much 
for  the  reciprocity  of  these  obligations  as  derived 
from  the  action  of  the  sovereign  powers  them- 
selves. 

"  What  was  to  bo  learned  from  the  action  of 
their  respective  negotiators  ?  He  did  not  doubt 
but  that  attempts  had  been  made  on  the  part 
of  France  to  exhibit  an  inequality  in  the  obliga- 
tions under  the  treaty,  and  to  set  up  that  ine- 
quality against  the  claims  of  our  citizens ;  but 
had  our  negotiators  ever  admitted  the  inequality 
to  exist,  or  ever  attempted  to  compromise  the 
rights  of  tlie  claimants  under  this  bill  for  such  a 
consideration  ?  He  could  not  find  that  they 
had.  He  did  not  hear  it  contended  that  they 
had :  and,  from  the  evidence  of  their  acts,  re- 
maining upon  iTcord,  as  a  part  of  the  diplomatic 
corrosjiondence  of  the  period,  he  cotdd  not  sup- 
pose tiiey  had  ever  entertained  the  idea.  He 
had  said  that  the  Atnerican  negotiators  had  al- 
ways treated  these  obligations  as  mutual,  recip- 
rocal, and  equal ;  and  he  now  proposed  to  read 
to  the  Senate  a  part  of  a  letter  from  Messrs. 
Ellsworth,  Diuie,  and  Murray,  addressed  to  the 
French  negotiators,  and  containing  the  project 
of  a  treaty,  to  justify  his  assertion.  Tlie  letter 
was  dated  20th  August,  1800,  and  it  would  be 
recollected  that  its  authors  were  the  negotia- 
tors, on  tiio  part  of  the  United  States,  of  the 
treaty  of  tiie  ;}Oth  of  September,  1800.  The  ex- 
tract is  as  follows : 

"'1.  Let  it  be  declared  that  the  former  trea- 
ties are  renewed  and  confirmed,  and  shall  ha\e 
the  siuiie  eiiect  as  if  no  misunderstanding  be- 
tween the  two  powers  had  intervened,  except  so 
far  as  they  are  derogated  from  by  the  present 
treaty. 

" '  2.  It  shall  be  optional  with  cither  i)arty 
to  pay  to  the  other,  within  seven  years,  three 
millions  of  francs,  in  money  or  securities  which 
may  be  issued  for  indemnities,  and  thereby  to 
reduce  the  rights  of  the  other  as  to  privateers 
and  prizes,  to  those  of  the  most  favored  nation. 
And  during  the  said  term  allowed  for  option, 
the  right  of  both  parties  shall  be  limited  by  the 
line  of  the  most  favored  nation. 

" '  3.  The  nmtual  guaranty  in  the  treaty  of 
alliance  shall  be  so  specified  and  limited,  that  its 
future  obligation  shall  be,  on  the  part  of  France, 
when  the  United  Stites  shall  be  attacked,  to 
furnish  and  deliver  at  her  own  ports  military 
stores  to  the  amount  of  one  million  of  francs  ; 
and,  on  the  part  of  the  United  States,  when  the 
French  possessions  in  America,  in  any  future 
war,  shall  be  attacked,  to  furnish  and  deliver  at 
their  own  ports  a  like  amount  in  provisions. 
It  shiiil.  moreover,  be  ojitional  for  either  party 
to  exonera'  •  itself  wholly  of  its  obligation,  by 
paying  to  the  other,  within  seven  years,  a  gross 
sum  of  five  millions  of  francs,  in  money  or  such 
securities  as  may  be  issued  for  indemnities.' 

'  Mr.  W.  asked  if  he  needed  further  proofs 


that  not  only  the  American  government,  but  tjio 
American  negotiators,  treated  these  obligations 
under  the  treaty  as,  in  all  respects,  mutual,  n.. 
ciprocal,  and  ecjual ;  and  if  the  fallacy  of  the  ar- 
gument that  the  United  States  had  obtained  to 
itself  a  valuable  consideration  for  the  release  of 
these  private  claims  in  the  release  of  itsilf  from 
these  obligations,  was  not  utterly  and  entirtly 
disproved  by  these  facts ?  Was  iiot  the  relia-i' 
of  the  obligations  on  the  one  side  the  release  of 
them  on  the  other  ?  And  wa.s  not  the  one  ri'- 
leasc  the  necessary  consiiieration  for  the  otlier  ? 
How,  then,  could  it  be  said,  with  any  justice 
that  we  sought  our  release  at  the  expense  of  tht 
claimants  ?  There  was  no  reasonable  groiiml 
for  such  an  allegation,  cither  fiom  the.  acts  of 
our  government  or  of  our  negotiators.  AViun 
the  latter  fixed  a  value  upon  our  obligations  as 
to  the  privateers  and  prizes,  and  as  to  the  guar. 
anty,  in  the  same  article  they  lixed  the  same 
price,  to  a  franc,  upoii  the  reciprocal  oblij;alii.iis 
of  France  ;  and  when  the  former  discharged  om 
liability,  by  expunging  the  second  article  of  tlic 
treaty  of  1800,  the  same  act  discharged  the  cor- 
responding liability  of  tlie  French  governuKiit. 

'•  Here,  then,  Mr.  W.  said,  must  end  all  fnf. 
tcncc  of  a  valuable  consideration  for  these  clainij 
passing  to  the  United  States  from  this  soiirci'. 
The  onerous  obligations  were  mutual,  rccijiroial, 
and  equal,  and  the  resj)ective  releases  w  ere  mu- 
tual, reciprocal,  and  equal,  and  simultani>aii5| 
and  nothing  could  be  fairly  drawn  from  theaot 
which  operated  these  mutual  leleases  to  leutli: 
these  claimants. 

"  Mr.  W.  said  he  was,  then,  necessarily  brought 
back  to  the  proposition  with  which  he  startid 
in  the  commencement  of  his  argument,  tiiat,  if 
the  United    States  were    liable   to  i)ay  tiiese 
claimants,   that    liability   must   rest  upon  tlic 
broad  ground  of  a  failure  by  the  governmmt, 
after  ordinary,  and,  in  this  instance,  extraonli- 
nary  efforts  to  collect  the  money.     The  idea  if 
a  release  of  the  claims  for  a  valualtle  consideni- 
tion  passing  to  the  government  had  been  ex- 
ploded, and,  if  a  liability  was  to  be  claimed  m 
account  of  a  failure  to  collect  the  money,  upa 
what  ground  did  it  rest  ?    What  had  tlic  j;uv- 
ernment  done  to  protect  the  rights  of  tla-o 
claimants  ?     It  had  negotiated  from  17'Ju  w 
1798,  with  a  vigilance  and  zeal  and  talent  al- 
most unprecedented  in  the  history  of  diploman. 
It  had  sent  to  France  minister  after  iniiii>ta, 
and,  upon  several  occasions,  extraordinary  mis- 
sions  composed  of  several    individuals.    Bi- 
tween  1798  and  1800,  it  had  equii)ptd  fiiti; 
and  armies,  expended  millions  in  wariil\e  !«• 
paration,  and  finally  sent  forth  its  citizen^  le 
battle  and  death,  to  force  the  payment  ol  i!, 
claims.     Were  we  now  to   be  tokl,  that  i:: 
failure  in  these  efforts  hud  created  a  liabil;ij 
against  us  to  pay  the  money  ?     That  tiie  mi:;.< 
citizens  who  had  been  taxed  to  pay  tlie  i\ 
penses  of  these  long  negotiations,  and  of  iL'  j 
war  for  the  claims,  were  to  be  further  ta.xeil ' 
pay  such  of  the  claims  as  we  had  laikdtoai 


ANXO  1835.    ANDREW  JACKSDX,  PllKSIDKNT. 


503 


American  government  bit  the 
tors,  treiited  these  ooligations 
as,  in  all  respects,  mutual,  re- 
il:  ancUftlie  fallacy  of  the  ar- 
LVited  States  had  obtiune(l  to 
consideration  for  the  reUaso  of 
ims  in  the  release  of  itsi  If  from 
i  was  not  utterly  an(    cutinly 
se  facts'?    AVas  not  the  reW-e 
3  on  the  one  side  the  rckaseof 
cr  ?     ^nd  was  not  the  one  n- 
sv  consi.leration  for  the  otlitr  I 
i  it  be  said,  with  any  justici', 
,ur  release  at  the  exiJcnse  of  ll,t 
ere  was  no  reasonable  gnrnml 
^{ration,  either  from  the.  acts  of 
t  or  of  our  negotiators.     W  lau 

a  value  upon  our  obhgatioup  as 
•s  and  prizes,  and  as  to  the  guiir- 
me  article  they  lixed  the  sau:i. 
'  upoii  the  reciprood  obli-a  mns 
[ 'when  the  former  dischar'^wl  uui 
puncing  the  second  article  of  tli. 
the  same  act  discharged  Uie  cor- 
)ility  of  the  French  goTernnKiit. 

Mr.  "NV.  said,  must  end  all  jm- 
ible  consideration  for  these  daiiii, 
.  United  States  from  this  s^oiuv. . 
ijligations  were  mutual,  reciinocal 
I  the  respective  releases  \yeie  iiiu- 
il  and  equal,  and  simullamou-, 
;ould  be  fairly  di-awn  from  the  lit 
:d  these  mutual  releases  to  bemli; 

d  he  was,  then,  necessarily  Iroiigl.i 
roposition  with  which  he  .tarud 
nicement  of  his  argument,  that,  i! 
"states  were    liable   to  pay  thi.e 
at    liability  must  rest  upon  the 
'  of  a  failure  by  the  goven.imm. 
.  and,  in  this  instance   extraorai- 
3  collect  the  money.     IhouWaol 
lie  claims  for  a  valuable  consukva- 
[to  the  government  had  bwinv 
f  a  liabihtv  was  to  be  claimed  n;, 
tlure  to  collect  the  money,  upn 
did  it  rest?    What  had  the  p- 
e  to  protect  the  rights  ot   h.-c 
'it  had  negotiated  from  l.Ju  u 
vigilance  and  zeal  and  ta  ent  al- 
[dented  in  the  history  of  d,i.loi.uu:y. 

'  o  France  minister  after  luv.ibta, 
■eral  occasions,  extraordinary  iw-- 
sed  of  several    individuals,    k- 
land  1800,  it  had  equippw  tiav 
'  xpcnded  millions  in  warlike  \>k- 
.finally  sent  forth  its  citueu;  ic 
Lath,  to  force  the  payni*-""  ;    ;;'; 
re  we  now  to  be  t..lcl,  tha     ,, 
esc  efforts  had  created  a  liaUli; 
'';;;;5iemoney7    That  U.  s« 
,  had  been  taxed  to  pay  th    ^ 
lese  long  negotiations  aiu  oi  u> 
laims  were  to  be  further  taxid!- 
{rclaTmsaswebadlaikJtoa. 


Icct  ?    lie  could  never  consent  to  such  a  dediio- 
tion  from  such  premises. 

"  But,  Mr.  President,  said  Mr.  W.,  there  is 
another  view  of  this  subject,  placed  upon  this 
basi.s,  which  renders  this  bill  of  tiifling  impor- 
tance in  the  comparison.  If  the  failure  to 
collect  these  claims  has  created  the  liability  to 
puy  tliem,  that  liability  goi'S  to  the  extent  of 
the  claims  proved,  and  the  interest  upon  them, 
not  to  a  partial,  and  perhaps  tiifling,  dividend. 
Who,  then,  wouM  undertake  to  say  what 
amount  of  claims  might  not  Imj  proved  during 
the  state  of  things  he  had  described,  fiom  the 
breaking  out  of  the  war  between  France  and 
England,  in  1793,  to  the  execution  of  the  treaty, 
in  18i)U  ?  For  a  great  portion  of  the  period, 
the  niunicipai  regulations  of  France  required 
the  captured  cargoes  to  be  not  confiscatecl,  but 
paid  for  at  the  market  value  at  the  port  to 
which  the  vessel  was  destined.  Still  the  cap- 
ture would  be  proved,  the  value  of  the  cargo 
ascertaiiic'l,  before  the  commission  which  the 
bill  proposes  to  establish ;  and  who  would 
adduce  the  proof  that  the  same  cargo  was  paid 
for  by  the  French  government  ? 

'this  principle,  liowever,  Mr.  "W.  said,  went 
much  further  than  the  whole  subject  of  the  old 
French  claims.     It  extended  to  all  claims  for 
spoliations  upon  our  commerce,  since  the  exist- 
ence of  the  government,  which  we  had  failed  to 
collect.      AVho  could   say  where   the   liability 
would  end  ?     In  how  many  cases  had  claims  of 
this  character  been  settled  by  treaty,  what  had 
been  collected  in  each  case,  and  what  amount 
ivniaiuL'd  unpaid,  after  the  release  of  the  foreign 
j;()Vornmeut?     lie  had  made  an   unsuccessful 
efl'ort  to  answer  these  inquiries,  so  far  as  the 
tiles  of  the  state  department  would  furnish  the 
information,  as  he  had  found  that  it  could  only 
be  collected  by  an  examination  of  each  indivi- 
dual claim  ;  and  this  would  impose  a  labor  upon 
the  department  of  an  unreasonable  character, 
and  would  occupy  more  time  than  remained  to 
furnish  the  information  for  his  use  upon  the  pre- 
sent occasion.     lie  had,  however,  been  favored 
by  the  Secretary  of  State  with  tlie  amounts  al- 
lowed by  the  commissioners,  the  amounts  paid, 
and  the  rate  of  pay  upon  the  principal,  in  two 
recent  cases,  the  Florida  treaty,  and  the  treaty 
with  Denmark.     In  the  former  instance,   the 
payment  was  ninety-one   and   two   thirds   per 
centum  upon  the  principal,  while  in  the  latter  it 
was  but  thirty-one  and  one  eighth  per  centum. 
Assume  that  these  two  cases  are  the  maximum 
and  minimum  of  all  the  cases  where  releases 
have  been  given    ibr  partial    payments ;    and 
he  begged    the    Senate    to    roliect    upon   the 
amounts  unpaid  which  might  be  called  from  the 
national  treasury,  if  the  principle  were  once  ad- 
r.iitted  that  a  failure  to  collect  creates  a  liability 
to  pay. 

'•  That  in  his  assumption  that  a  liability  of 
this  sort  must  go  to  the  whole  amount  of  the 
claims,  he  only  took  the  ground  contended  for 
by  the  friends  of  this  bill,  he  would  trouble  the 


Senate  with  another  extract  from  the  report  of 
Mr.  Livingston,  from  which  he  had  before  read 
In  speaking  of  the  amount  which  should  be  ap- 
propriated, Jlr.  Livingston  says: 

'■  '  The  only  remaining  ini|uiry  is  the  amount ; 
and  on  this  point  the  committee  have  had  some 
difficulty.  Two  modes  of  measuring  the  com- 
pensation suggested  themselves : 

"  '  1.  The  actual  loss  sustained  by  the  peti- 
tioners. 

"  '  2.  The  value  of  the  advantages  received,  as 
the  consideration,  by  the  United  States. 

"  '  The  first  is  the  one  demanded  by  strict 
justice ;  and  is  the  only  one  that  satisfies  the 
word  used  b}-  the  constitution,  which  recpiires 
just  compensation,  which  cannot  be  said  to  have 
been  made  when  any  thing  less  than  the  full 
value  is  given.  But  there  were  difficulties  which 
appeared  insurnuiuntable,  to  the  adoption  of 
this  rule  at  the  present  day,  arising  from  the 
multiplicity  of  the  claims,  the  nature  of  the  de- 
predations which  occasioned  them,  the  loss  of 
documents,  either  by  the  lapse  of  time,  or  tha 
wilful  destruction  of  them  by  the  depredators 
The  committee,  therefore,  could  not  undertake 
to  provide  a  specilic  relief  for  each  of  the  peti- 
tioners. But  they  have  recommended  the  insti- 
tution of  a  board,  to  enter  into  the  investigation, 
and  apportion  a  sum  which  the  committee  have 
recommended  to  be  approi)riated,  pro  rata, 
among  the  several  claimants.' 

"  '  The  committee  could  not  believe  that  the 
amount  of  compensation  to  the  sullerers  should 
be  calculated  by  the  advantages  secured  to  the 
United  States,  because  it  was  not,  according  to 
their  ideas,  the  true  measure.  If  the  property 
of  an  indi\  idual  be  taken  for  public  use,  and  the 
government  miscalculate,  and  find  that  tlie  ob- 
ject to  which  they  have  applied  it  has  been 
injurious  rather  than  benelicial,  the  value  of  the 
property  is  still  due  to  the  owner,  who  ought 
not  to  suffer  for  the  false  speculations  which 
have  been  made.  A  turnpike  or  canal  may  be 
very  unproductive ;  but  the  owner  of  the  land 
which  has  been  taken  for  its  construction  is  not 
the  less  entitled  to  its  value.  On  the  other 
hand,  he  can  have  no  maimer  of  right  to  more 
than  the  value  of  his  property,  be  the  object  to 
which  it  has  been  applied  ever  so  beneficial.' 

"  Here,  Mr.  W.  said,  were  two  proposed 
grounds  of  estimating  the  extent  of  the  liability 
of  the  government  to  the  claimants ;  and  that 
which  graduated  it  by  the  value  rt>ceived  by  the 
government  was  distinctly  rejected,  while  that 
making  the  amount  of  the  claims  the  measure 
of  liability,  was  as  distinctly  asserted  to  be  the 
true  and  j  ust  standard.  He  hoped  he  had  shown, 
to  the  satisfaction  of  the  Senate,  that  the  former 
rule  of  value  received  by  the  government  would 
allow  the  claimants  nothing  at  all,  while  he  w'as 
compelled  to  say  that,  upon  tin'  broad  principle 
that  a  failure  to  collect  creates  a  liability  to  pay, 
he  could  not  controvert  the  correctness  of  the 
conclusion  that  the  liability  must  be  commen- 
surate with  the  claim.    Ho  could  coutrovert,  ho 


''Hn 


u  > 


6-^4 


THIRTY  YFAUS-  VIMW. 


I  :i;,i. 


'Kliil 


thouftht,  successfully,  the  principle,  but  he  could 
not  the  ini'iisuri'  of  damn^s  when  the  principle 
WHS  conceded.  He  would  here  conclude  his  re- 
ninrks  upon  the  points  he  Imd  noticed,  hy  the 
oainest  (h'clnrntion  that  he  believed  the  p:is.-.ii;ie 
of  this  hill  would  open  more  widely  the  doors 
of  tiu-  puMic  treasury  than  any  leftislntiou  of 
which  he  had  any  knowledjre,  or  to  which  t'ou- 
press  had  ever  yielded  its  assent. 

"Mr.  \V.  said  he  had  a  few  observations  to 
oll'er  relative  to  tlie  mode  of  lepslation  pi-oposed. 
ami  to  the  details  of  the  hill,  and  he  would  trou- 
ble (he  Senate  no  further. 

'•  His  lirst  objection,  under  this  head,  was  to 
the  mode  of  legislation.  If  the  povernment  Iw 
liable  to  pay  these  claims,  the  ejniuiants  are 
citizens  of  the  country,  and  (/onjrress  is  as  ac- 
cessible to  them  as  to  other  claimants  who  have 
deniands  apiinst  the  treasury.  Why  were  they 
not  permitted,  individually,  to  apply  to  t'onpivss 
to  I'stablish  their  respective  claims,  as  other 
ci.iintiints  were  ImmukI  to  do,  and  to  receive  such 
relief,  in  each  case,  as  Oonpress,  in  its  wisdom, 
should  see  tit  to  prant  ]  Why  weiv  these  claims, 
more  than  others,  proujK'd  lopether,  and  at- 
tenipted  to  be  made  a  matter  of  national  imiior- 
tauiv  ?  Why  was  a  conunission  to  be  established 
to  ascertain  their  validity,  a  duty  in  ordinary 
cases  discharged  by  Oonjrress  itself?  Were  the 
Senate  .-sun'  tiiat  n\ucii  of  the  importance  piven 
to  these  claims  had  not  proceede(l  from  this  as- 
sociation, and  from  the  formidable  amotuit  thus 
jtresented  at  one  view  ?  Would  any  gentleman 
be  able  to  co  ivince  himself  that,  aclinp  njion  a 
sinjile  claim  in  this  iunuense  mass,  he  should 
have  piven  it  his  favorable  consideration  7  For 
his  part,  he  considiivd  the  mode  of  Upislr.tion 
unusual  and  objectionable.  Mis  piincipal  ob- 
jections to  the  details  were,  that  the  second 
section  of  the  bill  pix'.^cribed  the  rules  which 
should  povern  the  commission  in  deciding  upon 
the  claims,  amonp  which  '  the  former  tivaties 
between  the  United  States  and  France '  weie 
enumerated  ;  and  that  the  bill  contained  no  de- 
clar.ition  that  the  payments  made  under  it  weiv 
in  full  of  the  claims,  or  that  the  respective  claim- 
ants should  execute  a  reknuic,  as  a  condition  of 
receiving  their  dividends. 

'■  The  first  objection  was  predicated  upon  the 
fact  that  the  bill  covered  the  whole  period  from 
the  makinp  of  the  treaties  of  1778,  to  that  of 
the  30th  September,  18(K),  and  made  the  former 
treaties  the  ruleof  adjudication,  when  Conpres,' 
on  the  7th  July,  17'.>8,  by  a  deliberate  legislative 
act,  declared  those  treaties  void,  and  no  longer 
binding  upon  the  United  States  or  their  citizens. 
It  is  a  fact  abundantly  proved  by  the  documents, 
that  a  large  portion  of  the  claims  now  to  be  paid, 
arose  within  the  period  last  alluded  to;  and  that 
treaties  declared  to  be  void  should  be  made  the 


law  in  determining  what  were  nntl  what  wcr« 
not  illegal  captures,  during  the  time  that  they 
were  held  to  hav<'  no  force,  and  when  our  citizens 
were  authorized  by  law  to  go  upon  the  high  sens 
regardless  of  their  provisions,  Mr.  W.  said.  woiiNJ 
seem  to  him  to  be  an  absurdity  which  the  Senate 
would  not  lepalize.  He  was  ftdly  aware  {\\n.\ 
the  first  sec'ion  of  the  bill  purported  to  provide 
for  '  valid  cl.iims  to  indemnity  upon  the  Fieiich 
goverimient.  arising  out  of  illegal  captures,  de- 
tentions, forcible  seizures,  illegal  condemnations, 
and  confiscations;'  but  it  could  not  be  over- 
looked that  illegal  captures,  condemnations,  and 
confiscations,  nmst  relate  entirely  to  the  law 
which  was  to  govern  the  adjudication  ;  and  if 
that  l.iw  was  a  void  treaty  which  the  claimants 
were  not  bound  to  observe,  and  did  not  ob.si  rvo 
was  it  not  more  than  possible  that  a  captine 
condemnation,  or  confiscation,  might,  b}-  coni- 
jiulsion,  be  adjiulged  illegal  under  the  rule  fixed 
by  the  bill,  while  that  same  cai)ture,  condennm- 
tion,  or  confiscation,  was  strictly  legal  undertlic 
laws  which  governed  the  commerce  of  th.e  claim- 
ant when  the  captiiiv  was  made  ?  lie  nmst  say 
that  it  ajipeared  clear  to  his  mind  that  the  rule 
of  adJudicatioTi  ujion  the  validity  ofelaimsof  this 
description,  should,  in  all  cases,  be  the  same  mlo 
which  governed  the  commerce  out  of  which  the 
claims  have  arisen. 

"  His  second  objectitm,  Mr.  W.  said,  was  made 
more  as  a  wish  that  a  reconl  <if  the  intcntimis 
of  the  |)resent  (^ingress  should  be  preserved 
upon  the  fiice  of  the  1)111,  than  from  any  idea  tliiit 
the  provision  suggested  would  all'ord  the  leii.si 
pi-otection  to  the  public  treasury.  Kveiy  (hiy'> 
legislation  showed  the  futility  of  the  insertion 
in  an  act  of  t'ongixNs  of  a  declaration  that  the 
ai)proj)riation  in;ide  shoid"!  be  in  full  of  a  claim; 
and  in  tlii.s,  as  in  other  like  ca.'-e.s,  slioiihl  this 
bill  pass,  he  did  not  expect  that  it  wouM  bo, 
in  practice,  any  thing  more  than  an  in.-talnu'iit 
upon  the  claims  which  wo»din)e  sustained  hefcin- 
the  conunission.  The  files  of  the  state  de|mit- 
ment  would  contain  the  record  evidence  of  tint 
lialance,  with  the  admission  of  the  govennnont, 
in  tlie  passage  of  this  bill,  that  an  equal  lialiility 
rentained  to  jiiiy  that  balance,  whatever  it  nii}rlit 
be.  Kven  a  release  from  the  resi)ective  claimant j 
he  should  consider  as  likely  to  have  no  olhit 
ell'ect  than  to  change  their  fulu're  apjilicatiens 
from  a  <lemand  of  legal  right,  which  they  now 
assmne  to  have,  to  one  of  e(piity  and  favor;  ami 
he  was  yet  to  see  that  the  latter  would  not  Ik 
as  successfid  as  the  former.  He  must  give  his 
vote  against  the  bill,  whether  nio<lifie<l  in  that 
particular  or  not,  and  he  HhouWdo  so  under  lln 
most  full  and  clear  conviction,  that  it  was  a  p  • 
position  frjiught  with  greater  danp(?rs  to  thi' 
public  treasury,  than  any  law  which  had  ever 
yet  received  the  assent  of  Congress." 


:  M  r 


.*>i^j 


ANNO  18as.     ANDREW  JACKHON,  rilRmOKXT. 


505 


ijT  whnt  were  nnil  whnt  were 
cs,  during;  the  time  Uiat  they 
no  force,  and  when  o\ir  eiti/cns 
•y  law  to  po  upon  the  hifjli  sciis, 
provisions,  Mr.  W.  said,  would 
an  nhsnrdity  whicii  the  Senate 
w.     He  was  fnlly  awnre  that 
if  the  bill  purported  to  iiiovidc 
to  indemnity  niton  the  French 
nj:  out  of  illegal  captures,  dc- 
seizures.  illegal  condemnations, 
;;'  hut  it   could   not  he  over- 
l  captures,  condenmations,  and 
ist   relate  entirely   to  the  law 
>vern  the  adjudication  ;  and  if 
iiid  treaty  which  the  claimants 
lo  observe,  and  did  not  olisi  rvp, 
:  than   possible  that  a  captiue, 
'  conliscation.  mipht,  by  coiii- 
Iged  illegal  under  the  rule  fixed 
L>  that  same  capture,  condeunia- 
ion.  was  strictly  legal  under  the 
iiied  the  commerce  of  th.e  claim- 
)tniv  was  made  ?     He  must  say 
clear  to  his  mind  that  the  rule 
jion  the  validity  ofelaimsof  this 
dd,  in  all  cases,' be  the  same  nilu 
the  commerce  out  of  which  the 

en. 

)biecti(>n,  Mr.  W.  said,  was  made 
tliiit  a  record  of  the  intentions 
('ongi'ess  should  be  prescrveij 
'  the  bill,  than  fr<mi  any  idea  tluit 
iggested  would   atlbi-d  the  leasi 
i^public  treasury.     Kvery  (laj"> 
ed  the  futility  of  the  iiiserliiiii 
igivss  of  a  declaration  that  tiie 
ule  should  be  in  full  of  a  claim; 
other  like  cases,  should  tliis 
not  exi)ect  that  it  wt)uld  bo, 
thing  more  than  an  in.-talim'iu 
which  would  be  sustained  liefuiv 
The  tiles  of  the  state  depart- 
tain  the  record  evidence  of  tin; 
le  adniissii>n  of  the  government, 
r  this  bill,  that  an  e.pial  liability 
that  bulanct\  whatever  it  uiisrlit 
ise  from  the  iTspective  clainlanl^ 
ider  as  likely  to  have  no  oilier 
hange  their"  futu're  ajiplications 
of  legal   right,  which  they  now 
to  one  of  eiiuity  and  favor ;  ami 
'e  that  the  latter  would  not  Ik 
the  former.     He  must  give  his 
.  bill,  whether  modified  in  tlmt 
it,  and  he  KhonMdo  so  under  llu 
ear  conviction,  that  it  was  a  yr^  ■ 
t  with  greater  dang(?rs  to  ilu 
than  any  law  which  had  ever 
assent  of  Congress." 


CHAPTKll    CXIX. 

FltENCII   sroi.lATIONS-MIJ.  Wi;i»STEI{3  SI'KECIt. 

"TiiK  question,  sir,  involved  in  this  case,  is  es- 
.^entially  a  judicial  qut-stion.  It  is  not  a  (piestion 
of  public  po'icy,  but  a  (piestion  of  private  right ; 
aipa'stion  between  the  government  and  the  pe- 
titioners :  and,  its  the  government  is  to  be  judge 
in  its  own  case,  it  woidd  seem  to  be  the  duty 
of  its  members  to  examine  the  subject  with  the 
most  scrupulous  good  faith,  and  the  most  soli- 
citous desire  to  do  justice.  m 

"There  is  a  jtropriety  in  commencing  the  ex- 
ntnination  of  these  claims  in  the  Senate,  because 
it  was  the  Senate  which,  by  its  amendment  of 
the  treaty  of  18()(>,  and  its  subsequent  ratifica- 
tion of  that  treaty,  and  its  recognition  of  the 
declaration  of  the  French  government,  effectually 
released  the  claims  as  against  France,  and  for 
ever  cut  oir  the  petitioners  from  all  hopes  of  re- 
dress fmtn  that  quarter.  The  claims,  as  claims 
nizainst  our  own  government,  have  their  founda- 
tion in  these  acts  of  the  Senate  itself;  and  it 
may  certainly  be  expecteil  that  the  Senate  will 
consider  the  eilects  of  its  own  proceedings,  on 
private  rights  and  private  inteiests,  with  that 
candor  and  justice  which  belong  to  its  high  char- 
acter. 

•'  It  ought  not  to  be  objected  to  these  peti- 
tioners, th.it  their  claim  is  old,  or  that  they  are 
now  irviving  any  thing  which  has  heretofore 
been  abandoned.  There  has  been  no  delay  which 
is  not  rea'^onably  accounted  for.  The  treaty  by 
which  the  claimants  say  their  claims  on  France 
for  the.^^c  captures  and  confiscations  were  released 
was  concluded  in  1800.  They  immediately  ap- 
plied to  Congivss  for  indemnity,  as  will  be  seen 
by  the  rejiort  made  in  1802  in  the  IIou.«e  of 
Representatives,  by  a  committee  of  which  a  dis- 
tinguished member  from  Virginia,  not  now  living 
[Mr.  Giles],  was  chairman. 

"  In  1807,  on  the  petition  of  sundry  merchants 
and  others,  citizens  of  Cliaileston,  in  Soiitli  Ca- 
rolina, a  committee  of  the  House  of  Hepresenta- 
tives,  of  which  IMr.  iMarion.  of  that  State,  was 
chairman,  made  a  report,  declaring  that  the 
connnittee  was  of  opinion  that  the  government 
of  the  United  States  was  bound  to  indcnmify 
the  claimants.  But  at  this  time  our  alliiirs  with 
the  European  powers  at  war  had  become  exceed- 
in<ily  eiid)arrassed  ;  our  government  had  felt 
itself  compelled  to  withdraw  our  commerce  from 
the  ocean;  and  it  was  not  until  after  the  con- 
clusion of  the  war  of  1812,  and  after  the  general 
pacidcation  of  Europe,  that  a  suitable  opportunity 
occurred  of  presenting  the  subject  again  to  the 
Birious  consiileration  of  Congress.  From  that 
time  the  petitioners  have  beea  constantly  before 
us,  and  the  period  has  at  length  arrived  proper 
for  a  final  decision  of  their  case. 


"  Another  objection,  sir,  lias  been  urged  against 
these  claim.s,  well  calculated  to  diminisli  the  favor 
with  which  they  might  otherwise  be  received, 
and  which  is  without  any  substantial  foundation 
in  fact.  It  is,  that  a  great  portion  of  them  haa 
been  bought  up,  as  a  matter  of  speculation,  and 
it  is  now  holden  by  the.se  purchasers.  It  has 
even  been  said,  I  think,  on  the  floor  of  the  Se- 
nate, that  nine  tentlm,  or  ninety  hundredths,  of 
all  the  claims  are  owned  by  spi'culators. 

"  Such  unfounded  statements  are  not  only 
wh(dly  unjust  towards  these  iKJtitioners  them- 
selves, but  they  do  great  mi.schicf  to  other  inter- 
ests, I  have  ((bserved  that  n  French  gentleman 
of  distinction,  formerly  a  resident  in  this  country, 
is  represented  in  the  public  newspapers  as  having 
declined  the  offer  of  a  seat  in  the  French  ad- 
ministration, on  the  ground  that  he  could  not 
sup|)ort  the  American  treaty  ;  and  he  coidd  not 
support  the  treaty  because  he  had  learned,  or 
heard,  while  in  America,  that  the  claims  were  no 
longer  the  property  of  the  original  sidlerers,  but 
ha(l  pa.s.sed  into  unworthy  hands.  If  any  such 
thing  has  been  learned  in  the  United  States,  it 
has  been  learned  from  .sources  entindy  incorrect. 
The  general  fact  is  not  .so;  and  this  prejudice, 
thus  operating  on  a  great  national  interest— an 
interest  in  regard  to  which  we  are  in  ilanger  of 
being  seriously  etnbroiled  with  a  foreign  state — 
was  created,  doubtless,  by  the  same  incorrect 
and  unfounded  assertions  which  have  been  made 
relative  to  this  other  class  of  claims. 

"  In  regard  to  both  classes,  and  to  all  clas.ses 
of  claims  of  American  citizens  on  foreign  govern- 
ments, the  statement  is  at  variance  with  the 
facts.  Tho.se  who  niake  it  have  no  proof  of  it. 
On  the  contrary,  incontrovertible  evidence  ex- 
ists of  the  truth  of  the  very  reverse  of  this  state- 
ment. The  claims  against  I' ranee,  since  1800. 
.re  now  in  the  ctuir.se  of  adjudication.    They  arc 

I,  or  very  nearly  all,  presented  to  the  proper 
I  b>mal.  I'roofs  accoinpiinj  them,  and  the 
ru.es  of  the  tribunal  reqvnre  that,  in  each  case, 
the  true  ownersliii)  should  be  fully  and  exactly 
set  out,  on  oath ;  and  be  prove«l  by  the  papers, 


vouchers,  and  other  evidence. 


Now,  sir. 


if  any 


man  is  ac(iuaiuted,  or  will  make  himself  ac- 
([uaiuted,  with  the  proceedings  of  this  tribunal, 
so  fiir  o'^  to  see  who  are  the  parties  claiming 
the  indemnity,  he  will  .see  the  absolute  and 
enormous  error  of  those  who  represent  these 
claims  to  be  owned,  in  great  part,  by  specu- 
lators. 

•'  The  truth  is,  sir,  that  these  claims,  as  well 
those  since  1800  as  before,  are  owned  and  pos- 
sessed by  the  original  sullerers,  with  such 
changes  only  as  happen  in  regard  to  all  other 
property.  The  original  owner  of  ship  and  cargo; 
his  representative,  where  such  ovrner  is  dead; 
underwriters  who  have  paid  losses  on  accoimt 
of  captures  and  confiscations ;  and  creditors  of 
insolvents  and  bankrupts  who  were  interested 
in  the  claims — these  are  the  descriptions  of 
persons  who,  in  all  these  cases,  own  vastly  the 
larger  portion  of  the  claims.    This  is  true  of 


, .» 


.,'*> 


'.ME.  i  •  * !  ■  "*   * 


L-!  >  yi  i-.t  -J?  si        F 


i 


'Htn^:'ri ' 


son 


TUIKTV  YllMW  VIKW. 


'it  ^ 


Ili(>  ("iMiins  Dn  Suniti,  a>»  i«  uiosi  iii:iiiir<-st  fnnn 
till'  iircK'cfilinfis  of  till"  coimni^siiiiuTs  uinlcr 
du'  Sinmisli  (pi'jily.  It  is  (nic  of  flu<  riaiiiis 
on  Krani'i'  inisinj;  siiici>  ISOO,  ns  is  oiiniilly 
nmnil'i-t  l>_v  (he  pnu-ciMliiifjs  of  tlu'  coinmis- 
siont'iN  now  billing;  inul  it  is  o(|iiiilly  Inic  of 
till'  claims  wliich  ari<  tin-  sulijci'l  nf  this  dis- 
oiis^ioii,  ami  pruviilcd  (or  in  this  hill.  In  somo 
in-^lanci's  claims  have  hci-n  Hssiirnoil  from  one 
to  another,  in  the  si'lllomcnl  of  family  alfairs. 
'I'hiy  have  Ihmmi  transferred,  in  other  instances, 
to  fccnre  or  ti>  pay  delits;  they  have  heeii 
I ransfcrred,  sometimes,  ill  the  setllemeiit  of  iii- 
siiraiue  act'oiints ;  and  it  is  jirolmhle  theiv  are 
a  few  eases  in  which  the  necessities  of  the  liohl- 
ers  have  eompelled  them  to  sell  them,  Unl 
iiothin.r  can  liet'nrther  tVom  the  truth  than  that 
they  have  heen  the  general  siihjeets  of  pnrchasi' 
and  sale,  and  th.it  they  are  now  holden  mainly 
l>y  piirch.'isers  from  th(>  original  owners.  'I'liey 
have  heen  compared  to  the  nnfimded  deht.  Hut 
that  consisted  in  scrip,  of  tixed  amount,  and 
which  ]<assid  from  hand  to  hand  l»y  delivery. 
These  claims  cannot  so  pass  from  hand  to  hand. 
In  each  ease,  not  onlv  the  value  hnt  the  amount 
is  nneerlain.  >Vheti)er  there  ho  any  claim,  is 
in  eat'h  case  a  matter  for  ii.vestigation  and 
prool";  and  so  is  the  amount,  when  the  justice  of 
tlie  claim  i(self  is  ("stahlislicd.  These  eircnm- 
stinees  ;iiv  of  themselves  ijuite  snOicient  to  jire- 
vent  the  easy  and  frequent  transfer  of  the  claims 
from  han<l  to  hand.  They  would  lead  us  to 
expect  thi\t  to  happiMi  which  actually  has  hap- 
pened; and  that  is,  that  the  claims  ri'inain  with 
their  oiiuinal  owiuM's,  and  their  legal  heirs  and 
i'i-|>resentatives,  with  such  e\ce|itions  as  I  have 
alr<>ady  inenfioned.  .\s  to  the  jiortion  of  the 
claims  now  owned  hy  nnderwrilers.it  can  hardly 
he  necessary  to  say  that  they  stand  on  the  same 
eijnity  and  justice  as  if  jMissossod  and  presented 
hy  the  owners  of  ships  and  goods.  There  i 
no  more  universal  maxim  of  law  and  jiislir  , 
throughout  the  civilized  and  commercial  woi  .d. 
than  that  an  underwriter,  who  has  paid  a  loss 
on  ships  or  merchandise  to  the  owner,  is  entitled 
to  whativer  may  be  received  from  the  jtrojurty. 
His  right  accrues  hy  the  very  act  of  payment  ; 
and  if  the  property,  or  its  proceeds,  he  after- 
wards recovered,  in  whole  (>r  in  jiart,  whe'her 
the  recovery  ho  from  the  sea,  from  captors,  or 
from  the  justice  of  foreign  states,  such  recovery 
is  tor  the  henetit  of  the  underwriter.  Any  at- 
temjit.  thorefoiv,  to  pix^judico  these  claims,  on 
the  ground  that  many  of  thorn  helong  to  insur- 
ant eomjvinies,  or  other  uiidorwritors,  is  at  war 
with  the  tirst  principles  of  justice. 

"A  short,  hut  accui-jite,  general  view  of  the 
history  and  character  of  these  claims  is  pre- 
sented in  tho  report  of  the  Secretary  of  State, 
on  the  iJiUh  of  May.  1S2(').  in  coinplianco  with  a 
resolution  of  the  Senate.  Allow  nie,  sir,  to  road 
tho  i>aragraphs : 

*'  *  'i"ho  Soeretary  oan  hanlly  suppose  it  to 
have  IxH'u  tho  intention  of  the  resolution  to  re- 
quire the  o.xprossion  of  iin  argumentative  opinion 


as  to  the  degi'ec  of  responsihilily  to  tho  Ameri- 
can snU'erers  from  {'"n'uch  spoliations,  uhich  llic 
con\ention  of  1S('()  extinguished,  on  the  part  oi' 
France,  oi-  devolved  on  the  I'liiled  Slates,  (lir 
Seujlte  itself  heing  most  competent  to  deeiil,. 
that  (piotioii.  I'nder  this  impression,  he  hopis 
that  ho  will  have  siiHieienlly  lonformed  to  ih,. 
purposes  of  the  Seuale,  hy  a  hrii  f  slaleiuent, 
pH'paiod  in  a  hurried  moment,  of  what  he  uii- 
derslaiids  to  ho  the  iiiiestk'ii. 

'"The  second  articl(>  of  the  ooiiveutiou  of 
ISOO  was  in  the  following  words:  "The  minis. 
tors  plouipoli  ntiary  of  the  two  parlies,  not  li,v 
ing  ahio  to  agri'o.  at  proMiil.  ies|M'eiing  t'n' 
treaty  of  alliance  of  the  (itli  of  i'Vluiiary,  I77,s, 
the  tn-aty  of  aniily  and  commerce  of  the  .sinu' 
date,  and  tho  convention  of  the  1  Ith  of  Nnveni- 
her,  I7SS,  nor  upon  tho  indemnities  muliuillv 
due  or  claimed,  the  parlies  will  negotiate  I'lirllin 
on  these  siihjects,  at  a  convenient  time;  ainl, 
until  they  may  have  agnvd  upi>u  these  poins, 
tho  said  treaties  and  convention  sh;dl  have  iin 
operation,  and  the  relations  of  the  two  conn- 
triis  shall  ho  regulated  as  follows." 

"'When  that  convention  was  laid  before  tli^ 
Senale.it  gave  its  oonsent  and  ad\iee  that  it 
should  be  raliiliMl,  provided  that  the  second  an i- 
ele  he  I'xpunged,  and  that  the  following  arliili' 
he  adiled  or  inserled:  "It  is  agreed  Iha!  ilic 
present  eonvenlion  shall  he  in  force  for  the  lirm 
of  eight  years  from  tho  time  of  the  exchange  ol' 
the  ratilioations ;"  and  il  was  accordingly  s-o 
ratilied  by  the  I'residenI  of  the  I'niled  Sfiilis, 
on  tho  ISth  day  of  I'Vbruary,  iMOI.  (hi  ili,' 
.'Ust  of  .Inly  of  the  same  year,  il  was  ratilinl 
by  Monaitarle,  First  Consul  of  the  French  I'x- 
publie,  who  incorpor.'iled  in  the  in.-liiinii  iil  .1' 
his  ratiticalion  tho  folio;  ing  clause  as  |i;im  ,1' 
it  :  "The  governinoni  of  the  I'nited  Slates,  li!i\- 
ing  added  to  its  ralilleatiiui  that  the  omveiilinu 
should  be  in  force  for  the  space  of  oPihi  yeiuv, 
and  having  omitted  Ihe  .second  article,  tliegm- 
erninont  of  tho  Froiieh  llepuhlic  iniisenls  to 
accejil,  ratify, and  contirni  tho  aboM-conveiUinii, 
with  tho  aihlitioii,  impiu'ting  that  the  conven- 
tion shall  be  in  force  for  tho  space  of  eight  years, 
and  with  tho  rotrenchnieut  of  Ihe  second  aiti- 
clo:  /'/-or/i/cr/.  That,  hy  this  rotrenchnunl,  ilu- 
two  states  roni>unoo  the  respective  I'releii.-ions 
which  are  tho  object  of  the  said  article.'' 

"*'l"he  French  ratilication  being  thus  condi- 
tional, was,  nevertheless,  exohangod  against  tiiut 
of  tho  I'nitod  States,  at  Paris,  i>u  the  same  iil-i 
of  July.  Tho  President  of  the  Inited  Slatci; 
considering  it  nooessary  again  to  suhiiiit  tlic 
convention,  in  this  state,  to  tho  Siiiate,  on  tin- 
I'.UIi  day  of  Deeoinber,  1801,  il  was  resolved  liy 
the  Senate  that  they  considered  tho  said  conven- 
tion as  fully  ratified,  and  returned  it  to  tliel'i-i>- 
sident  for  the  usual  promulgation.  It  was  ac- 
cordingly promulgated,  and  thereafter  reganiiil 
as  a  valid  and  binding  compact.  Tho  two  ooa- 
traeting  parties  thus  agn'eil,  by  the  letivnoli- 
ment  of  the  secimd  article,  mutually  to  renounce 
the  respective  pretensions  which  were  the  ob- 


ANNO  ls:i.V     ANIHtr.W  .lACKSON.  I'lMMPKNT. 


507 


irH|)()iisil)ilily  to  tlio  Aou'ri- 
Fnncli  s|)(iliMtiiiiif,  wliicli  (1||. 
)  cNliiijiiiij-lu'il,  on  (111-  |iin(  ol' 
m1  nil  llir  rniltil  Sliids,  (lir 
^;  inosl  coniiu'li'iit  ('>  ilciiilc 
ulcr  llii-i  iini>nssion,  lir  1hi|i('s 
MidlciiMilIv  (Oiilonni'tl  (n  ili,. 
HMiMlo,  1\\  II  lirii  r  f-liilcnuni, 
rii'il  jiiiiiiu'iit,  of  «lial  lie  uii- 
lO  (jiii'stidi. 

irtitlo  of  Jlio   fonvi'iil'mn  of 
)ll<>\vin;4  wiinlH  :  " 'I'lu'  minis. 
•V  of  liio  t\vi>  |iarlii's,  not  In*. 
1'.  lit    juvMiit.  )«'i-|H'(|iiif;   tl>c 
of  tlic  (itli  of  I'Vliiuiu'v,  ITTS, 
\  nml  rointncn't'  of  tin-  samr 
l-nlioii  of  (111-  I  Itli  of  NoMiii. 
on   tlio  iixlcninitios  iniihi:ill\ 
i>  |iiu'tii'H  will  lu'pitinio  fiiillur 
1.  lit   a  coiu'cniciit    liinc  ;  aiiij, 
ivc  a^iH't'il  upon   llu-sc  yt''\\\\<, 
iiiiil  couvciilion  "IimII  liiiMim 
»•  n'lations  of  tlii'   two  cinm- 
ilatcd  as  I'ollows." 
'otuH'iilion  was  laid  Ixfoic  \]w 
Is  consiMit    and   a(lvi*'i'   tliat  it 
,  jiroviilril  tliat  till' sr«'on(l  arii- 
\iiil  llial    till'  lollowiiiii  arliil.' 
rrti'il:  ''  It    is  a^n'i'd   Ilia!  liic 
111  sliall  I'l-  in  force  forllic  liriii 
>in  tlu"  time  of  tlie  exeliaii;^e  nt' 
;"  and   it    was  aecordiiifily  .-o 
ivsideiit   of  the  Inited  Stiilis, 
•  of  Fel.niary,  l.HOl.     On  llu 
the  same  year,  it   was  ratil'ml 
rst  Consul  of  the  I'reueh  \\k- 
lorated  in   the  in^tnmunl  if 
follovinir  elinise  as  imrt  1 1' 
nent  of  the  Inited  Slatt.N  liii\- 
atilleation  that  the  eonveiiliuM 
foi'  the  spaee  of  ejulit  years, 
1  the  si'cond  article,  the  j;in- 
I'reneli   IteimMie  consenls  lo 
eonfii'in  the  ahove  eonveiitinii, 
1,  im|>ortin}i-  that    the  ediiviii- 
iree  for  the  sjiaee  of  ei,i.'.hl  yi"ir>, 
enehnicnt   of  the  seeoiid  aili- 
lat.  by  this  retivnchiiuiit,  llu' 
ice  the  iTsjieetivo  i>ietiii>iiiiis 
ieot  of  the  said  artiele.'' 
iitiliontion  heing  thus  cenili- 
heless,  oxehniigod  iip.aiiist  tli;it 
tes,  lit  I'iuis. ini  the  same  "Aa 
■esidont  of  the  Inited  Stati'.< 
cessaiy  npihi  to  submit  tlu' 
is  state,  to  the  Senate,  on  tlu> 
mber.  1801,  it  was  ivsolvetlliv 
ley  eonsidered  the  said  ooiivi'iv- 
ieil,  and  returned  it  to  the  rii>- 
uid  imiinuljration.     Itwasiu-- 
gated,  and  thereafter  repnliil 
tidiu}!;  compact.     The  two  coii- 
thus  agreed,  by  the  ixtivncli- 
.d  article,  mutually  to  renounce 
•ctensions  which  were  the  oh- 


ieet  of  that  aitiele,  '\'\>:  pieleiisions  of  the 
'iiited  States,  to  M  hieh  allusion  is  thus  made, 
nriKeont  of  the  hpohaiiniis  imdii'  color  of  {''leneli 
iiiithorily,  in  eontra\ention  ^f  law  and  e.xihtiiig 
(realies.  'I'Iiom-  of  l''ri  nee;  pninglVoin  Ilit-  treaty 
ef  alliance  of  the  f'lh  of  l''rlii  nary,  177S,  the 
tieiilv  of  aniily  and  eominercc  of  the  same  ilate, 
und  the  conveulion  uf  the  I  llh  of  No\emb(r, 
|7>«S.  WhateveroMipitions  oi- indemnities,  from 
(liese  soiirci  s,  eitlu'r  parly  had  a  ri|.',lit  to  de- 
iiiiind.were  respectively  wai\e<l  tind  iibandoiied  ; 
iind  the  «-onsideralion  which  induced  one  party 
to  nnoiince  liis  pretensions,  was  that  of  rtiiun 
eiiilioii  by  the  other  party  of  his  pretensions. 
What  was  the  value  of  the  obligations  and  in- 
demnities, so  reciprocally  renounced,  c.iii  only 
he  matter  of  sp«'culatioii.  'I'lie  aiuoiiut  of  the 
iiHlciiiiiities  due  to  the  citizens  of  the  Initt'il 
Stales  was  very  large;  and,  <ni  the  otiier  hand, 
the  obligation  was  great  (to  specify  no  other 
I'll. .eh  pretensions),  under  which  the  I'liited 
States  were  pliH'ed,  in  theeh'venlh  artiele  of  the 
treaty  of  alliance  of  the  dili  of  JMbruary,  I77H, 
by  wliicli  th'-y  were  bound  for  ever  to  guarantee 
fiiiin  that  time  the  then  possessions  of  the 
Crown  of  France  in  .\nierica,  as  well  as  those 
which  it  might  HC(|nire  by  the  future  treaty  of 
|ieace  with  (Ireat  Hrilaiii ;  nil  thest'  jiossi'ssions 
li.niii;^  been,  it  is  believed,  compieied  at,  or  not 
lii!i;z  arier,  the  exchaiigc  of  the  rat iliciit ions  of 
the  cunveiition  of  September,  ISOO,  by  the  anus 
(f  (in at  Uritain,  from  France. 

"The  liflli  arlich'  <tf  the  amendments  to  the 
ccin>liliition  provides:  "Nor  shall  private  pro- 
jHily  he  tiikeii  for  public  use,  without  Just  eom- 
pensalion/'  If  the  iiideninities  to  which  citi- 
zens of  the  I'liiteil  States  were  culille.d  for 
French  sp(diations  juior  to  the  JiOth  of  Septem- 
ber, IM'O,  have  bi'cn  iippropriiiled  to  absolve  the 
Vuitetl  States  from  the  fidtllment  of  an  obliga- 
tion which  they  had  <'ontracted,  or  from  the 
payment  of  indemnilit's  which  they  wcr'  bound 
to  make  to  France,  the  Senate  is  most  compe- 
tent to  determine  liow  far  smh  an  appropriali^in 
is  a  public  use  of  private  property  within  the 
spirit  of  the  coimtitution,  and  wliether  e(|uitable 
considerations  do  not  reipiire  some  compensa- 
tion to  be  tiiiitle  to  the  chiimants.  'I'hc  Senate 
is  also  best  able  to  estiuuite  the  probability 
which  existed  of  an  nltiimito  recovery  from 
France  of  the  amount  due  for  those  indemnities, 
if  they  had  not  been  renounced  ;  in  making 
which  estimate,  it  will,  no  doubt,  give  just  weight 
to  the  painful  coiisiderjition  that  repeated  and 
urgent  appeals  have  been,  in  vain,  mude  to  the 
justice  of  France  for  satisfaction  of  llagrant 
wrongs  committed  upon  property  of  other  citi- 
zens of  the  United  States,  subsequent  to  the 
poiiod  of  the  ;5l>th  of  September,  l.SdO.' 

'•JSefore  the  interference  of  our  government 
with  these  claims,  they  constituted  just  demiuids 
against  the  government  of  France.  'I'hey  were 
not  vague  expectations  of  j)o.ssiblc  future  in- 
demnity for  injuries  received,  too  uncertain  to 
be  a'gardcd  as  valuable,  or  be  esteemed  pro- 


perty. They  Were  just  demiind>,  and.  as  micli, 
they  were  piopeity.  'i  he  (oiiiik  of  law  took 
notice  of  them  as  property.  'ilir\  >\t  I'e  rapablt> 
of  being  devised,  of  bci'.ig  di--l  i  ibiited  imicmg 
heirs  and  next  of  kin,  and  of  bring  lriiu>fei  red 
.'Hid  assigned,  like  other  legal  nnd  jut  debt-..  A 
claim  or  demand  for  a  ship  iinju-tly  Mi/<d  iiiid 
conliKcateil  is  properly,  as  dimly  a>  the  ^hip 
itself  It  may  not  be  mi  vnluiible,  or  mi  ccilniii ; 
l)ut  it  is  as  clear  a  light,  anil  has  been  uniformly 
so  regarded  by  the  coiirls  of  law.  The  papers 
show  that  American  citizens  had  clnim-;  n^•aill^t 
the  l'"rem'h  governmi'iit  for  six  bunihid  iind  lif- 
teeii  vessels  unlawfully  seized  iiihI  conl'iMatcd. 
If  this  were  so,  it  i^  dillicult  to  .^iee  how  the  gov- 
ernment of  the  I'uited  Slates  can  I'elea  e  IIhm- 
claims  for  its  own  beuelit,  with  any  more  pro- 
pricly  tlian  it  could  have  applied  the  money  to 
ils  own  Use,  if  (he  French  goycriimeiil  hud  been 
ready  to  make  coinpenMition,  in  money,  lor  the 
property  thus  ill  gaily  sei/.eil  and  eonii'c.'ttc  d  ; 
oi- how  the  government  could  appro|iri:ile  to  it- 
self the  just  claims  which  the  ow  ni  r-  of  lhi-c 
six  hundred  iind  tifleeii  vcsmIs  helil  agniiisl  the 
wrong-doers,  w  ithoul  niiikiiig  conipen  a  I  ion.  any 
more  than  it  could  iip|iropr<iitc  to  il>ell',  w  ilhout 
making  compeusaliou,  six  liumlred  and  lifteiii 
ships  which  had  not  been  seized.  I  do  not  mean 
to  ,sjiy  that  the  rale  of  compensiitioii  shoiiid  It 
the  same  in  both  <'a.ses  ;  1  do  not  ini;in  to  ,-iiy 
thill  a  claim  Ibr  a  shi))  is  of  as  much  \.ilue  as  ii 
ship;  but  I  mean  to  say  that  bolh  the  <ine  and 
the  other  lire  propii'ty,  and  thai  go\i  rnnieiit 
cannot,  with  justice,  deprive  a  man  of  ill  her,  for 
its  own  beuelit,  without  making  a  fair  compeii- 
siitiou. 

"It  will  be  perceived  at  once,  sir,  that  thoe 
claims  do  not  H's(  on  the  |jround  ..f  any  neglict 
or  omission,  on  the  part  of  tiie  go\ernmeiit  of 
the  I'nited  States,  in  demanding  sali-laetion  from 
France.  That  is  not  the  ground.  The  govern- 
ment i.f  the  Ciiited  Stales,  in  thai  respect  per- 
formi'd  its  full  duty.  It  remoiisl rated  against 
these  illegal  seizures;  it  insisted  on  reiliess;  it 
sent  two  special  missions  to  France,  charged  I'.x- 
pressly,  iiinong  other  duties,  with  the  duty  of 
demanding  indemnity.  Ibit  France  had  her  sub- 
jects of  complaint,  also,  against  the  government 
of  the  Ciiited  States,  which  she  pressed  with 
eipiu'  earnestness  and  conlideiii'e,  and  which  she 
would  neither  postpone  nor  reliiKpiish,  except 
on  the  condition  tlial  tlie  United  States  would 
postpone  or  rilinoiisli  these  claims.  And  to 
meet  this  condition,  and  to  restore  harmony  be- 
tween the  two  nations,  the  United  States  did 
agree,  first  to  postpone,  and  nfterwards  to  nlin- 
(piisli,  llie.se  claims  of  its  own  citizens.  In  olhtr 
words,  the  governnient  of  {hv  United  States 
bought  off  the  cluims  of  France  against  itself, 
by  (lischurging  cliiimsof  our  own  citizens  against, 
France. 

"  Tills,  sir,  is  the  groiiml  on  which  these  citi- 
zens think  they  have  a  claim  for  leasouable  in- 
demnity against  their  own  governmenl.  And 
now,   sir,   before    proceeding    to    the    disputed 


508 


TIiniTY  YKARS'  VIKW. 


H  4  1 


I !  t:ii!iil 


•I-  J 


ft    ' 


pnrt  or  tlio  cncc,  permit  mi<  to  ntatc  what  is  ad- 
niitlvil. 

"In  the  first  pliuo,  tlu'ii,  it  is  ntiivcrRally  n«l- 
niitk'd  (lint  llioso  i«'titiont'rs  mice  hivl  just 
clumix  iipiin>t  tlio  jjovniimi'iit  of  Knuicc,  on  nc- 
couMt  of  tlii'sc  illfjtal  captures  and  condcnnia- 
tionH. 

'•  In  the  next  place,  it  is  admitted  tliat  them' 
claims  no  lonpcnxist  aj;aiMst  Fnince;  that  they 
have,  in  Home  way,  lieen  e.Ntin<;uished  or  re- 
h'ased.  as  to  her ;  and  that  whe  is  for  ever  dis- 
cliarfred  from  all  duty  of  paying  or  HatiMfyinj; 
them,  in  whole  or  in  part. 

"These  two  jMjints  beinji;  admitted,  it  is  then 
necessary,  in  order  to  Hiipport  the  present  bill, 
to  maintain  four  propositions  : 

"  1.  That  the«'  claims  subsisted  against  France 
up  to  the  time  of  the  treaty  of  September,  1H(H), 
between  France  and  the  l-nited  States. 

"  2.  That  they  were  released,  surrendered,  or 
extinguished  bv  that  treaty,  its  amendment  in 
the  Senate,  and  the  nuuiner  of  its  final  ratifica- 
tion. 

"  3.  That  they  were  thus  released,  surrender- 
ed, or  extinguished,  for  political  and  national 
considerations,  for  olijeets  and  purposes  deemed 
import:int  to  the  United  States,  but  in  which 
these  claimants  had  no  more  interest  than  any 
other  citizens. 

"  4.  That  the  amount  or  measure  of  indem- 
nity proposed  by  this  bill  is  no  nu)re  than  a  fair 
and  reasonable  comjH'nsation,  so  far  as  we  can 
judge  by  what  has  been  done  in  similar  cases. 

"  1.  Were  these  subsisting  claims  against 
France  up  to  the  time  of  the  treaty?  It  is  a 
conclusive  answer  to  this  (piestion,  to  say  that 
the  government  of  the  United  States  insisted 
that  they  did  e.\ist,  up  to  the  time  of  the  treaty, 
and  demanded  indemnity  for  them,  and  that  the 
French  government  fully  admitted  their  exist- 
ence, and  acknowledged  its  obligation  to  make 
such  indenuiity. 

"The  negotiation,  which  terminated  in  the 
treaty,  was  opened  by  a  direct  pro|)()sition  foi- 
indemnity,  made  by  our  ministers,  the  justice 
and  propriety  of  which  was  immediately  acceded 
to  bv  the  ministers  of  France. 

"On  the  7th  of  April,  18(tO,  in  their  first  let- 
ter to  the  ministers  of  France,  Messrs.  Fills- 
worth.  Davie,  and  Murray,  say : 

'• '  Citizen  ministers  : — The  undersigned,  ap- 
preciating the  vahie  of  time,  and  wishing  by 
frankness  to  evince  their  sincerity,  enter  directly 
upon  the  great  object  of  their  mission — an  ob- 
ject whicli  they  believe  may  be  best  obtained 
by  avoiding  to  retrace  minutely  the  too  well- 
known  and  too  painful  incidents  which  have 
rendered  a  negotiation  necessary. 

"  '  To  satisfy  the  demands  of  justice,  and  ren- 
der a  reconciliation  cordial  and  iiermanent,  they 
propose  an  arrangement,  such  as  shall  be  com- 
patible with  national  honor  and  existing  circum- 
stances, to  ascertain  and  discharge  the  eijuitable 
claims  of  the  citizens  of  either  nation  upon  the 
other,  whether  founded  on  contract,  treaty,  or 


the  law  of  nations.     The  way  lieing  thun  prc- 

f)ared,  the  under>igned  will  lie  at  liberty  to  stipu- 
ate  for  that  reciprocity  and  I'recdoni  of  coni- 
mercial  intercourse  between  the  two  countrieK 
which  »nust  cs>eutially  contribiilc  to  tluir  mu- 
tual advantage. 

"'.•Should  this  general  view  of  the  subject  lio 
api)roved  by  the  ministers  plenipotentiary  to 
whom  it  is  addressed,  the  details,  it  is  prisunied, 
may  be  easily  adjusted,  and  that  confidence  re- 
stori'd  which  ought  never  to  have  been  shaken.' 

"To  this  letter  the  French  ministers  inmie- 
diately  returned  the  following  answer: 

"'The  ministers  pleni|)otentiary  of  the  French 
Hepublic  have  read  attentively  the  pi-oposifion 
for  a  plan  of  mgotiafion  which  was  comnnnii- 
cateil  to  them  by  the  envoys  extraoidinary  and 
ministers  plenipotentiary  of  the  United  States 
of  America. 

"'They  think  that  the  first  object  of  the  ne- 
gotiation ought  to  be  the  detern'ination  of  flic 
regulations,  and  the  steps  to  be  followed  I'ur 
the  estimation  and  indeinnillcation  of  injuries 
for  which  either  nation  may  make  claim  for  it- 
self, or  for  any  of  its  citizens.  Aiul  that  tliu 
second  object  is  to  assure  the  execution  of  tre:i- 
ties  of  friendship  and  commerce  made  bitweeii 
the  two  nations,  and  the  accomplishment  of  the 
views  of  reciprocal  advantages  which  suggested 
them.' 

"It  is  certain,  therefore,  that  the  negotiation 
connnenced  in  the  recognition,  by  both  parties. 
of  the  existence  of  individual  claims,  and  of  the 
justice  of  making  .satisfaction  for  them  ;  audit 
is  e(iually  clear  that,  tl.roughout  the  whole  ne- 
gotiation, neither  party  suggested  that  these 
claims  had  already  been  either  satisfied  or  ex- 
tinguisheil ;  and  it  is  indisputable  that  the  treaty 
itself,  in  the  second  article,  expressly  admitted 
their  existence,  and  solendy  ivcognized  the  duty 
of  providing  ft>r  thei.i  at  some  future  period. 

"  It  will  be  observed,  sir,  that  the  French  ne- 
gotiators, in  their  first  letter,  while  they  admit 
the  justice  of  providing  indemnity  for  individual 
claims,  bring  forward,  also,  claims  arising  inidtT 
treaties;  taking  care,  thus  early,  to  advance  the 
pretensions  of  France  on  account  of  alleged  vio- 
lations by  the  United  States  of  the  treaties  of 
1778.  ()n  that  part  of  the  case,  I  shall  .siy 
something  hereafter ;  but  1  use  this  first  letter 
of  the  French  ministeis  at  present  oidy  to  show 
that,  from  the  first,  the  French  government  ail- 
mitted  its  obligation  to  indemnify  individuals 
who  had  sutlered  wrongs  and  injuries. 

"  The  honorable  member  from  New- York  [Mr, 
Wright]  contends,  sir,  that,  at  the  time  of  con- 
cluding the  treaty,  these  claims  had  ceased  to 
exist.  He  .«ays  that  a  war  had  taken  place  Ih- 
tween  the  United  States  and  France,  and  by  the 
war  the  claims  had  become  extinguished.  I  dif- 
fer from  the  honoiable  member,  both  as  to  the 
fact  of  war,  and  ivs  to  the  consequences  to  be  de- 
duced from  it,  in  this  case,  even  if  public  war 
had  existed.  If  we  admit,  for  argument  sake, 
that  war  had  existed,  yet  we  find  that,  on  the 


ANNO  18H.V     ANKllKW  JAOKSOV,  IMIKSIKI'.NT. 


5()f) 


Tho  way  Mnp  tl\u«  pre- 
I  will  lit- at  lilitrty  to  stipii- 
city  mill  fri'i'iloiii  i>f  com- 
n'twi'i'U  llio  two  coimtricx 
ly  contribute  to  tluir  iim- 

Till  vii'W  of  till'  siilijt'ct  lie 
iiiHters  |ileni|)oti'i»li»ry   to 

the  tletnils,  it  iw  pnsiiuud, 
•d,  hikI  tlmt  coiilideiice  rt- 
lOViT  to  Imve  iHiii  slmUeii.' 
ii-  Kreucli  ministers  imiiie- 
followini:  answer : 
I'nijMJtentiary  of  the  French 
ittentively  the  in-oixisitiou 
lit  ion  whieh  was  conininni- 

cnvoys  extraordinary  ami 
tiary  of  the  United  .States 

t  the  first  object  of  the  tie- 
e  the  deteripinution  of  tiio 
'  steps  to  be  followed  lor 
indemnilieation  of  injuries 
on  may  make  claim  for  it- 
its  citizens.  And  that  tliu 
ssure  the  execution  of  treii- 
id  commerce  made  lutwccii 
1  the  iiccomplishmeiil  of  tlii' 
iidvantages  which  siig^estid 

.•refore.  that  the  ne}r<>tiatioii 
rceofcnition,  by  both  parliis. 
ndividnal  claims,  and  of  the 
latisfaction  for  them  ;  and  it 
.,  tl.roughout  the  whole  ni- 
Hirty  sn^rjieati'd   that   these 
been  either  satislicd  or  ex- 
indisputable  that  the  treaty 
article,  expressly  admitted 
soli'inly  RCOKiiized  the  duty 
[.I  ill  so'me  future  peiioil. 
[ved,  sir,  that  the  French  nc- 
rst  letter,  while  they  admit 
\n<:  indemnity  for  indiviilual 
rd,  also,  claims  urisinj;  under 
V,  thus  early,  to  advance  the 
ce  on  account  of  allejied  vio- 
L'd  States  of  the  treaties  of 
u-t  of  the  case,  I  shall  say 
;  but  I  use  this  first  letter 
^teis  at  present  only  to  show 
the  French  government  ad- 
)ii  to  indemnify  individuals 
rongs  and  injuries. 
nend)erfrom  New- York  [Mr. 
ir,  that,  at  the  time  of  con- 
these  claims  had  ceased  to 
1  a  war  had  taken  place  lu- 
tates  aiul  France,  and  by  the 
become  extiufiuished.     1  'la- 
able  member,  both  as  to  the 
to  the  consequences  to  be  de- 
this  case,  even  if  public  wir 
e  admit,  for  argument  sake, 
cd  yet  we  find  that,  on  the 


n'sforation  ofnmity,  t)oth  parties  admit  tho  jng- 
tirc  of  these  claims  and  their  continued  exist- 
ence, and  the  party  a'/ainst  whi<'h  they  are  pre- 
fcrri'd  acknowled(:es  her  ohlinalion  and  oxpre-g- 
i<^  her  \villin;;ness  to  pay  them,  i'hemeie  fa( . 
of  war  can  never  extinguish  any  claim.  If,  in- 
died,  claims  for  indenmity  be  the  professed 
j;n'iind  of  n  war,  an<l  jK'ace  Ik.-  afterwards  con- 
cluded without  obtninint;  any  acknowledgment 
(if  the  right,  such  a  peace  may  be  construed 
to  lie  a  relini|uishment  of  the  right,  on  the  ground 
that  the  (juestion  has  been  jMit  to  the  arbitration 
of  the  sword,  aiul  decided.  IJut,  if  a  war  be 
waged  to  enforce  n  disputed  claim,  an<l  it  be  car- 
rii'd  on  till  the  adver.-e  party  admit  tlie  claim, 
and  agree  to  provide  for  its  payment,  it  would 
\w  Strang!',  indeed,  to  h(dd  that  the  clinm  itself 
was  extinguished  by  the  wry  war  which  had 
compelled  its  express  recognition.  Now,  what- 
ever we  call  that  state  of  things  which  existed 
between  the  I'nited  States  and  France  from  1708 
to  ISiiO,  it  is  evident  that  neither  party  contend- 
ed or  supposed  that  it  had  been  such  a  state  of 
things  aslnul  extinguished  individtial  claims  for 
indemnity  for  illegal  seizures  aruf  conlisc:itif>ns. 

"The  honorable  member,  sir,  to  sustain  his 
point,  nuist  prove  that  the  rnited  States  went 
to  war  to  vindicate  these  claims ;  that  they  waged 
that  war  unsuccessfully  ;  ami  that  they  were 
therefore  glad  to  make  jieace,  without  obtaining 
piiyment  of  the  claims,  or  any  a<lmission  of  their 
justice.  I  am  happy,  sir,  to  say  that,  in  my 
opinion,  facts  do  not  authorize  any  such  record 
to  he  made  uj)  against  the  I'nited  States.  I  thiidv 
it  is  clear,  sir,  that  wlux'ever  misunderstanding 
existed  between  the  I'nited  States  and  France, 
it  did  not  amount,  at  any  time,  to  open  and  pub- 
lic war.  It  is  certain  that  the  amicable  relations 
of  the  two  ccumtries  were  much  distuibed;  it  is 
certain  that  the  I'nited  States  authorized  armed 
ii'sistance  to  French  captuies,  and  the  captures 
of  French  vessels  of  war  found  hovering  on  our 
C()a>>t ;  but  it  is  certain,  also,  not  oidy  that  there 
was  no  declaration  of  war,  ou  either  side,  but 
tlmt  the  United  States,  under  all  their  provoca- 
tions, did  never  authorize  general  reprisals  on 
French  comnterce.  At  the  very  moment  when 
the  gentleman  sa3's  war  raged  between  the  Uni- 
ted States  and  France,  French  citizens  camo  into 
our  courts,  in  their  own  names,  claimed  restitu- 
tion for  property  seized  by  American  cruisers 
and  obtained  decrees  of  restitution.  They  claimed 
as  citizens  of  France,  and  obtained  restoration, 
in  our  courts,  as  citizens  of  France.  It  must 
have  been  a  singular  war,  sir,  in  which  such  pro- 
ceedings could  take  place.  Upon  a  fair  view  of 
the  whole  matter,  Mr.  Presiilent,  it  will  be  found, 
I  think,  that  every  thing  done  by  the  United 
States  was  defensive.  No  part  of  it  was  ever 
retaliatory.  The  United  States  do  not  take  jus- 
tice into  their  own  hands, 

'•  The  strongest  measure,  pcrliaps,  adopted  by 
Congress,  was  the  act  of  May  28,  1798.  The 
honorable  member  from  New-York  has  referred 
to  this  act,  and  chiefly  relies  upon  it,  to  prove 


tho  existence,  or  the  rotnmcncement,  of  actual 
war.  Hut  does  it  prove-  either  the  one  or  tho 
other  ? 

"  It  is  not  an  act  declaring  war;  it  Is  not  an 
iwt  authorizing  reprisals ;  it  is  not  an  act 
which,  in  any  way.  acknowledges  the  actual  ex- 
istence of  war.  Its  wliole  implication  and  im- 
port is  the  other  way.  Its  title  is.  'An  act  more 
elfectually  to  protect  the  conunerce  ami  coasts 
of  the  Uiiited  States.' 

"  This  is  its  preanddo : 

"'Whereas  armed  vessels,  sailing  tmder  au- 
thority, or  pretence  of  authority,  from  the  lie- 
public  of  France,  have  commitleil  deinvdations 
on  the  commerce  of  the  United  States,  and  have 
recently  captured  the  vessels  and  |iro|K'rty  of 
citizens  thereof,  on  aiuI  near  the  coasts,  in  vi<ila- 
tion  of  the  law  of  nations,  anil  treaties  between 
the  United  States  and  the  French  nation :  there- 
fore '— 

"  An<l  then  follows  its  only  section,  in  these 
words : 

"•Skc.  I.  Ih;  it  emirteif,  df-r..  That  it  shall 
be  lawftd  for  the  President  of  the  Unileil  States, 
and  he  is  hereby  authorized,  to  instruct  and  di- 
rect the  conunanders  of  the  armed  vessels  belong- 
ing to  the  United  States,  to  seize,  take,  and  bring 
into  any  port  of  the  United  States,  to  be  pro- 
ceeded against  according  to  the  laws  of  nations, 
any  such  armed  vessel  which  shall  liavi-  com- 
mitted, nv  which  shall  be  found  hovering  m  tho 
coasts  if  the  United  States  for  the  purpose  of 
con\mitting,  depredations  on  the  ves.-els  belong- 
ing to  citizens  thereof;  and  also  retake  any  ship 
or  vessel,  of  any  citizen  or  citizens  of  the  Uni- 
ted Stales,  which  may  have  been  captured  by  any 
such  armed  ves.scl.' 

''This  act,  it  is  true,  authorized  the  n.«e  of 
force,  under  certain  circumstances,  and  for  cer- 
tain objects,  against  French  vessels.  Ibil  there 
may  be  acts  of  authorized  force,  there  may  be 
assults,  there  may  be  battles,  there  may  be  cap- 
tures of  ships  and  imprisonment  of  pi  rsons,  and 
yet  no  general  war.  Cases  of  this  kind  nniy 
occur  under  that  practice  of  retortion  whieh  i.s 
justified,  when  adopted  for  just  cause,  by  tho 
laws  and  usages  of  nations,  and  which  all  tho 
writers  distinguish  from  general  war. 

"  The  first  provision  in  this  law  is  purely  pre- 
ventive and  defensive;  and  the  other  hardly 
goes  beyond  it.  Armed  vessels  hovering  on  our 
coast,  and  capturing  our  vessels,  under  authority, 
or  pretence  of  authority,  from  a  foieign  state, 
might  be  captured  and  brought  in,  ami  vessels 
already  seized  by  them  retaken.  'Ihe  act  i.s 
limited  to  armed  vessels ;  l)ut  why  was  this,  if 
general  war  existed?  Why  was  not  the  naval 
power  of  the  country  let  loose  at  once,  if  there 
were  war,  against  the  commerce  of  the  enemy  ? 
The  cruisers  of  France  were  preying  on  our  com- 
merce ;  if  there  was  war,  why  were  we  restrain- 
ed from  general  reprisals  on  her  commerce? 
This  restaiuing  of  the  operation  of  our  naval 
marine  to  armed  ves.sels  of  France,  and  to  such 
of  them  only  as  should  be  found  hovering  on  our 


,  1 

ri^ 

u 

'li  iJ  il 

!!il    1 

il 

111 

:t'l 


:5. 


Ni 


.;fM 


coast,  for  the  purpose  of  c^mniittinp;  depredations 
on  our  ooiniiierco,  instead  i  ♦"  proving;  a  state  of 
war,  proves,  I  think,  irresistibl;'  that  a  state  of 
{rem  r  >1  war  did  r.ot  exist.  IJut  i  ven  if  this  act 
of  Congress  left  tiie  matter  doul  ful,  otlier  acts 
passed  at  and  near  the  same  time  demonstrate 
J  lie  inidcrstanding  of  Congn.-ss  to  have  been,  that 
although  the  relations  between  the  two  countries 
weie  greatly  disturbed,  yet  that  war  <hd  not 
exist.  On  the  same  day  (May  28,  171)8)  in 
which  this  act  passed,  on  which  the  member 
fi'oni  New-York  lays  so  much  stress,  as  proving 
the  actual  existence  of  war  with  France,  Con- 
fiiess  passed  another  act,  entitled  'An  acti\uthor- 
izin;<;  the  President  of  the  United  States  to 
raise  a  pro.isional  army;'  and  the  first  section 
deelaied  that  the  President  should  be  autho- 
li/.ed.  ' in  the  event  of  a  declaration  of  war 
i'jiiiinst  the  United  States,  or  of  actual  invasion 
of  their  territory  by  a  foreign  jiower,  or  of 
imininent  danger  of  such  invasion,  to  cause  to  be 
enlisted,'  ie.,  ten  thousand  men. 

■'  On  the  lOth  of  July  followinjr,  Congress 
passed  the  law  for  angmenting  the  army,  the 
sect -id  section  of  which  authorized  the  President 
to  laise  twelve  additional  regiments  of  infantry, 
and  six  troops  of  light  dragoons,  'to  be  cnlist^.'d 
for  and  during  the  continuance  of  the  existing 
dilhrences  between  the  I'nited  States  and  the 
rieuch  Ue|)ublic,  unless  sooner  discharged,'  &c, 

"The  following  spring,  by  the  act  of  the  2d 
of  M.ueh,  ITilO,  entitled  '  An  act  giving  eventual 
.•uithority  to  the  President  of  the  United  States 
to  augment  the  army,'  Congix'ss  provided  that 
it  should  be  lawful  for  the  President  of  the 
United  Slatis.  in  case  war  .hould  break  out  be- 
tween l!-.e  United  States  .-aid  a  foreign  European 
jjower,  &.C.,  to  raise  twent} -four  regiments  of  in- 
fantry, &c.  Ai.i  1.1  the  act  for  better  organizing 
tlie  army,  passed  the  ntxi  day.  Congress  repeats 
the  tkclaialioii.  contained  in  a  former  act,  that 
certain  provisions  shall  not  take  ell'ect  unless 
war  shall  break  out  between  the  United  Titates 
and  some  European  prince,  jiotentate,  or  state. 

"On  the  20th  of  February,  1801),  an  act  was 
passed  to  suspend  the  act  for  augmentin."  the 
army ;  and  this  last  act  dedarecl  that  further 
eiili»tnients  should  be  susi)ended  until  the  fur- 
ther order  of  Congress,  unless  in  the  recess  of 
(.'(ingress,  and  during  the  continuance  of  the 
existing  (lillereuces  between  tlie  I'nited  States 
ami  t!ie  Fivneh  Uepuljlic,  war  should  break  out 
between  the  I'nited  States  and  the  Freneh  Re- 
public, or  iuiiiiiiR'nt  danger  of  an  invasion  of 
*heir  territory  by  the  said  llepublic  should  be 
discovered. 

"On  the  11th  of  May,  1800.  four  months  before 
the  eoneliisjon  of  the  treaty.  Congress  passed  an 
act  authoriziug  the  suspension  of  military  ap- 
^•ointnuiits,  and  the  discharge  of  trooi)s  under 
the  provisions  of  the  previous  law.s.  No  coni- 
mentar}'^  is  necessary,  sir,  on  the  texts  of  these 
statutes,  to  show  that  (Jongrfss  never  recognized 
the  existence  of  war  between  the  United  States 
and  Fiauce.      They   uppiehended  war  might 


break  out;  and  they  made  suitable  provision 
for  that  exi^jcncy,  should  it  occur;  but  it  is 
quite  impossible  to  irconcile  the  express  and  so 
often  repeated  declarations  of  these  statutes, 
commencing  in  1798,  running  through  1799,an(l 
ending  in  1800,  with  the  actual  existence  of  war 
between  the  two  countries  at  any  period  within 
tho.so  years. 

'  The  honorable  member's  seconu  principal 
source  of  argument,  to  make  out  the  fact  of  a 
state  of  war,  is  the  several  non-intercourse  acts. 
And  here  again  it  seems  to  me  an  exactly  ojipo- 
site  inference  is  the  true  one.  In  1798,  1799, 
and  1800,  acts  of  Congress  were  pjiSfc.'d  suspend- 
ing the  commercial  intercourse  between  the 
United  States,  each  for  one  year.  Did  any  gov- 
ernment ever  jia.ss  a  law  of  temporary  non-in- 
tercourse with  a  public  enemy  ?  Such  a  law 
would  be  little  less  than  an  absurdity.  War  it- 
self effectually  creates  non-intercourse.  It  ren- 
ders all  trauo  with  the  enemy  illegal,  and,  of 
course,  subjects  all  ves.seis  found  soengaged,  with 
their  cargoes,  to  capture  and  condemnation  as 
enemy's  property.  The  Qrst  of  these  laws 
was  passed  June  13,  1798,  iac  last,  February  27, 
1800.  AVill  th^  honorable  meniber  from  New- 
York  tell  us  when  th<;  war  commenced  ?  AVlien 
did  it  break  oiit?  "When  did  those  'difl'erenccs,' 
of  which  the  acts  of  Congress  speak,  assume  a 
character  of  general  hostility?  Was  there  a 
state  of  war  on  the  13th  of  .June,  1798,  when 
Congress  passed  'he  iirst  non-intercourse  act; 
and  did  Congress,  in  a  state  of  public  war,  limit 
non-intcrcouise  with  the  enemy  to  one  year? 
Or  was  there  a  state  of  peace  in  June,  1798  ? 
and,  if  .so,  I  ask  again,  at  what  time  after  that 
period,  and  helbre  September,  1800,  did  the  war 
break  out?  Di  iieulties  of  no  small  magnitude 
surround  th*^  gei  tleman,  I  think,  whatever  course 
he  takes  through  these  statutes,  while  he  at- 
tempts to  prove  from  ihem  a  state  of  war.  The 
truth  i.s,  they  prove,  incontestably,  a  state  of 
peace ;  a  state  of  endantlgered,  disturbed,  agitated 
peace;  but  still  a  state  of  peace.  Finding  them- 
selves in  a  state  of  great  misunderstanding  and 
contention  with  France,  and  .»eeing  our  commerce 
a  daily  \nvy  to  the  rapacity  of  her  cruisers,  the 
United  States  prefeired  nou-infercouise  to  war. 
This  is  the  ground  of  tlie  non-intercourse  acts. 
Apprehending,  nevertheless,  that  war  nii;;lit 
break  out.  Congress  made  prudent  provision  Ibr 
it  i>_)  augmenting  the  military  force  of  the  coun- 
try. This  is  the  ground  of  the  laws  for  raising 
a  i»rovisional  army.  The  entire  provisions  of  all 
these  laws  necessarily  suppose  an  existing  stale 
of  peace;  but  tlay  imply  also  an  apjuehensiun 
1  hat  war  iniglit  conunence.  For  a  state  of  actiuil 
war  they  were  all  unsuited;  and  .some  of  tliem 
would  have  been,  in  suc".i  a  state,  preposterous 
and  absurd.  To  a  state  of  present  jieace, 
but  disturbed,  interrupted,  and  likely  to  termi- 
nate in  open  hostilities,  they  were  all  perfectly 
well  adapted.  And  as  many  of  these  acts,  iu 
express  terms,  speak  of  war  as  not  actually  ex- 
isting, but  as  likely  or  liable  to  break  out,  it  is 


ANNO  1835.     ANDREW  JACKSON,  PRKSIDF.NT. 


511 


licy  made  suitable  provision 
sliould  it  occur;  but  it  is 
J  reconcile  the  express  and  so 
clarations  of  these  statutes, 
^8,  running  through  1799,  and 
th  the  actual  existence  of  war 
■ountries  at  any  period  within 

e  member's  seconu  principal 
it,  to  make  out  the  fact  of  a 
e  several  non-intercourse  acts, 
seems  to  me  an  exactly  o\ypo- 
thc  true  one.    In  1798,  179'J, 
Congress  were  pasted  suspend- 
:ial    intercourse   between   the 
z\\  for  one  year.     Did  any  gov- 
s  a  law  of  temporary  non-in- 
public  enemy?     Such  a  law 
ss  than  an  absurdity.     War  it- 
L-ates  non-iutercourse.     It  rcu- 
•ith  the  enemy  illegal,  and.  of 
11  vessels  found  soengage(l.  willi 
capture  and  condemnation  as 
ty.      The    fust  of   these  laws 
'{?,,  1798,  iae  last,  February  27, 
honorable  member  from  Xew- 
>n  th'!  war  commenced  ?     \\\\m 
?    "W  i  len  did  tlujse  '  di  flerences,' 
ts  of  L'ongress  siwak.  assume  a 
neral  hostility  ?     AVas  there  a 
I  the  13th  of  June,  1798,  when 
I  'he  first  non-intercouise  ait; 
s  in  a  state  of  public  war,  limit 
with   the  enemy  to  one  year? 
state  of  peace  in  June,  1(98? 
af-ain,  al  what  time  after  that 
•e""September,  1800,  did  the  war 
iioultios  of  no  small  magnitude 
tleman.  I  think,  whatever  course 
1  thw^e  statutes,  while  he  at- 
Vom  them  a  state  of  war.    The 
iryve.  incontestably,  a  statf  nf 
ndandgcred,  disturbed,  agitated 
state  of  peace.     Finding  them- 
of  great  niisunderstanding  ami 
.ranee,  and  .^ceing  our  coinnurcc 
he  rapacity  of  her  cruisers,  the 
i-ellrred  non-infercourse  to  war, 
md  of  the  non-intercourse  acts, 
nevertheless,   that    war    mijilit 
rcss  made  prudent  provi.-ion  lur 
\r  the  militarv  force  of  the  eoiiii- 
~  ground  of  the  laws  for  raisuig 
.ly.     The  entire  provisions  of  all 
isnrily  suppose  an  existing  state 
ley  imply  also  an  appuhension 
commence.     For  a  slate  of  aeUial 
.11  unsuited ;  and  some  of  tlicm 
n,  in  suc'.i  a  state,  preposterous 
To    a  state  of    present   peace, 
nterriipte<l.  and  likely  to  tenm- 
istilities.  they  were  all  perlectly 
And  as  many  of  these  acts,  in 
peak  of  war  as  not  actually  ex- 
ikely  or  liable  to  break  out,  it  18 


n 


clear,  beyond  all  reasonable  question,  that  Con- 
press  never,  at  any  time,  regarded  the  state  of 
things  exibiing  betwov  i  the  United  States  and 
France  as  l)eing  a  state  of  war. 

"As  little  did  the  executive  goveinment  so 
regard  it,  as  must  be  apparent  from  the  instruc- 
tions given  to  our  ministers,  when  the  mission 
was  sent  to  France.  Those  instructions,  having 
rccunvd  to  the  numerous  acts  of  wrong  commit- 
ted on  the  commerce  of  the  United  States,  and 
the  refusal  of  indemnity  by  the  government  of 
Fnnce,  proceed  to  say  :  '  This  conduct  of  the 
Fivncli  Republic  would  well  have  justified  an 
immediate  declaration  of  war  on  the  part  of  the 
United  States;  but,  desirous  of  maintaining 
peace,  and  still  willing  to  leave  open  the  door 
of  reconciliation  with  France,  the  United  States 
contented  themselves  with  preparations  for  de- 
fence, anil  measures  calculated  to  protect  their 
commerce.' 

'•It  is  equally  clear,  on  the  other  hand,  that 
neither  the  French  government  nor  the  Fi-ench 
ministers  acted  on  the  supposition  that  war  had 
existed  between  the  two  nations.  And  it  was 
for  this  reason  that  they  held  the  treaties  of  1778 
still  binding.  Within  a  month  or  two  of  the 
siiinatuve  of  the  treaty,  the  ministers  plenipo- 
tentiary of  the  French  Republic  write  thus  to 
Messrs.  Ellsworth,  Davie,  and  Murray  :  '  In  the 
first  i)lace,  they  will  insist  upon  the  principle 
ahvady  laid  down  in  their  former  note,  viz. : 
tiiat  the  treaties  which  united  France  and  the 
United  States  are  not  broken;  that  even  war 
could  nut  have  broken  them  ;  but  that  the  state 
of  misunderstanding  which  existed  for  some  time 
iK'iwien  Franco  and  the  United  States,  by  the 
.ict  of  some  aj:  its  rather  than  by  the  will  of 
the  respeitive  governments,  has  not  been  a  state 
of  war,  at  least  on  the  side  of  Franco.' 

'Finally,  sir,  the  treaty  itself,  what  is  it? 
It  is  not  called  a  treaty  of  peace;  it  does  not 
provide  for  pu,  ting  an  end  to  hostilities.  It  says 
not  Due  word  o.*"  any  preceding  war ;  but  it  does 
say  that  ■dilleiences' have  arisen  between  the 
two  states,  and  that  they  have,  therefore,  re- 
spectively, appointed  their  plenipotentiaries,  and 
j;iveu  tliei.i  nill  powers  to  treat  upon  tho.se  'dif- 
ferences,' and  to  terminate  the  same. 

'•  But  :he  second  article  of  the  treaty,  as  nego- 
tiated and  agreed  on  by  the  ministers  of  lioth 
jjDveruments,  is,  of  itself,  a  complete  refutation 
of  the  whole  argument  which  is  urged  s'.gainst 
tills  bill,  0  1  the  ;.;round  that  the  claims  had  been 
e.xt'.iigri^'.ied  by  .var,  t,iuce  that  article  distinctly 
awl  e.\[)ressly  .icKuowledges  the  existence  of  the 
claims,  and  contains  a  solemn  pledge  that  the 
two  governments,  not  being  able  to  agree  on 
them  at  present,  will  negotiate  further  on  them. 
at  convenient  time  thereafter.  Whether  we 
look,  then,  to  the  decisions  of  the  American 
courts,  to  Mir  acts  of  Congress,  to  the  instnic- 
tiiius  of  the  American  executive  government. 
til  the  language  of  our  ministers,  to  the  declara- 
tious  of  the  French  government  and  the  French 
miuLsters,  or  to  the  unequivocal  language  of  the 


treaty  itself,  as  originally  agreed  to,  we  meet 
irresistible  proof  of  the  truth  of  the  declar.'^- 
tion,  that  the  state  of  niisu:iderstanding  which 
had  existed  between  the  t.,o  comtries  wis 
not  war. 

"  If  the  treaty  had  remained  as  th .'  ministers 
on  both  sides  agreed  upon  it,  the  d  imants, 
though  their  indemnity  was  postponed,  would 
have  had  no  just  clahn  on  their  own  goveinment. 
But  the  treaty  did  not  remain  in  this  state.  This 
second  article  was  stricken  out  by  i lie  Senate; 
and,  in  order  to  see  the  obvious  motive  of  the 
Senate  in  thus  striking  ouid  the  second  article, 
allow  me  to  read  the  whole  article.  It  is  in 
these  words : 

'"The  ministers  plenipotentiary  of  the  two 
parties  not  being  able  to  agree,  at  present,  re- 
specting the  treaty  of  alliance  of  the  (ith  of 
February,  1778,  the  treaty  of  amity  and  com- 
merce of  the  same  date,  and  the  convention  of 
the  14th  of  November,  1788,  nor  upon  the  in- 
demnities mutually  due  or  claimed,  the  parties 
will  negotiate  further  on  these  subjects  at  a 
convenient  time ;  and  until  they  may  have 
agreed  upon  these  points,  the  said  treaties  and 
convention  shall  have  no  operation,  and  the  re- 
lations of  the  two  countries  shall  be  regulated 
as  follows.' 

"  The  article  thus  stipulating  to  make  the 
claims  of  France,  under  the  old  treaties,  matter 
of  further  negotiation,  in  order  to  get  rid  of 
such  negotiation,  and  the  whole  sulijeet.  the 
Senate  struck  out  the  entire  article,  ami  ratified 
the  treaty  in  this  corrected  form.  Fiance  ratified 
the  treaty,  as  thus  amended,  with  the  further 
declaration  that,  by  thus  retrenching  the  second 
article,  the  two  nations  renounce  the  resp.ectivo 
pretensions  which  were  t^e  object  of  the  ariicle. 
In  this  declaration  of  the  French  governnient, 
the  Senate  afterwards  acquiesced ;  so  that  the 
governnient  of  Fraiui-,  by  this  retreiiclinient, 
agreed  to  renounce  herclaims  under  thr  treaties 
cf  1 778,  and  the  United  States,  in  like  niaimer, 
renounced  the  clanns  of  their  citizens  for  in- 
demnities due  to  llieiii. 

''And  this  jiroves,  sir,  the  .second  proposition 
which  1  stated  at  the  conini'-nceinent  of  my  re- 
marks, viz. ;  that  these  claims  were  re'eased,  re- 
linipiished,  or  e.xtinguished,  by  the  amendnient 
of  the  treaty,  and  its  ratification  as  amended. 
It  is  only  necessary  to  add,  on  this  pohit,  that 
these  claims  for  captures  before  IMK)  would  have 
been  good  claims  under  the  late  treaty  with 
France,  and  would  have  come  in  for  a  dividend 
in  the  fund  provided  by  that  treaty,  if  they  had 
not  been  released  bv  the  treaty  of  1800.  Ami 
they  are  now  excluded  from  all  participation 
in  the  benefit  of  the  late  treaty,  because  of  sueh 
relea.-j  or  extinguishment  b}'  that  of  18t;0. 

"In  the  third  place,  sir,  it  is  to  he  proved,  if  it 
be  not  proved  already,  that  these  claims  were 
surrendered,  or  released  by  the  governnient  of 
the  United  States,  on  national  considerations, 
and  for  objects  in  which  these  rhiiuiants  had  uo 
more  interest  than  any  other  citizens. 


1 T-"'"' 

i  *  "J  I 


512 


THIRTY  ^  EARS'  VI KW. 


till 


I 


"  Now,  sir,  I  do  not  feel  called  on  to  make  ont 
that  the  claims  and  complaints  of  France  ap^ainst 
the  povcrnment  of  the  tlnited  States  were  well 
fonnded.  It  is  certain  that  she  pnt  forth  such 
claims  and  complaints,  and  insisted  on  them  to 
the  end.  It  is  certain  that,  hy  the  treaty  of  al- 
liance of  1778,  the  United  .States  d  <•  !aianty 
to  France  her  West  India  possesL,.  is.  It  is 
certain  that,  by  the  treaty  of  commerce  of  the 
same  date,  the  United  States  stipulated  that 
French  vessels  of  war  mipht  brinp  their  prizes 
into  the  ports  of  the  Ignited  States,  and  that  the 
♦"nemies  of  France  should  not  enjoy  that  privi- 
lege ;  antl  it  is  certain  that  France  contended 
that  the  United  States  had  plainly  violated  this 
article,  as  well  by  their  subsequent  treaty  with 
Enf;land  as  by  other  acts  of  the  government. 
For  the  violation  of  these  treaties  she  claimed 
indemnity  from  the  government  of  the  United 
States.  Without  admitting  the  justice  of  these 
pretensions,  the  government  of  the  United  States 
found  them  extremely  embarrassing,  and  they 
authorized  our  minister.s  in  France  to  buy  them 
ott'  by  money. 

"  For  tiie  purpose  of  showing  the  jiistice  of 
the  present  bill,  it  is  not  necessary  to  insist  that 
France  was  riglit  in  these  pretensions.  Right 
or  wrong,  the  United  States  were  anxious  to 
pet  rid  of  the  embarriussments  which  they  occa- 
sioned. They  were  willing  to  compromise  the 
matter.  The  existing  state  of  things,  then,  was 
exactly  this : 

"France  admitted  that  citizens  of  the  United 
States  had  just  claims  iipainst  her  ;  but  she  in- 
sisted that  she,  on  t!.o  ot'ier  hand,  had  just 
claims  against  the  government  of  the  United 
States. 

"  She  would  not  satisfy  our  citizens,  till  our 
government  agreed  to  satisfy  her.  Finally,  a 
treaty  is  ratified,  by  v/hich  the  claims  on  both 
sides  are  renounced. 

'•  The  only  question  is,  whether  the  relinquish- 
ment of  these  individual  claims  was  the  price 
which  the  United  States  paid  for  the  relinquish- 
ment, by  France,  of  her  claims  against  our  gov- 
ernment ?  And  who  cai<  doubt  it  ?  Look  to 
the  negotiation  ;  the  claims  on  both  sides  were 
discussed  together.  Look  to  the  second  article 
of  tlic  treaty,  as  originally  agreed  to  ;  the  claims 
on  both  L^ides  are  there  reserved  together.  And 
look  to  the  Senate's  amendment,  and  to  the  sub- 
sequent declaration  of  the  French  government, 
acquiesced  in  by  the  Senate ;  and  there  the 
claims  on  both  si<les  are  renoiniced  together. 
AVhat  stronger  proof  could  there  be  of  mutuali- 
ty of  consideration?  Sir,  allow  me  to  put  this 
direct  question  to  the  honorable  nunnber  from 
New-York.  If  the  United  States  did  not  agree 
to  renounce  these  claims,  in  consideration  that 
France  would  renounce  hers,  what  was  the  I'ea- 
pon  why  they  surrendered  thus  the  claims  of 
their  own  citizens?  Did  they  do  it  without 
any  consideration  at  all  ?  AVas  the  surrender 
wholly  gratuitous?  Did  they  thus  .solemnly 
renounce  daima  for  indemnity,  so  just,  so  long 


insisted  on  by  themselves,  the  object  of  two 
special  missions,  the  subjects  of  so  much  j)rc- 
vious  controversy,  and  at  one  time  so  near  b.ing 
the  cause  of  open  war — did  the  government  sur- 
render and  renounce  them  gratuitously,  or  for 
nothing?  Had  it  nr.  reasonable  motive  iu  the 
relinquishment  ?  Sir,  it  is  impossible  to  main- 
tain any  such  ground. 

"Anil,  on  the  other  hand,  let  me  ask,  was  it 
for  nothing  that  France  nlinquished,  what  slie 
had  so  long  insisted  on,  the  obligation  of  tlic 
United  States  to  fulfil  the  treaties  of  1778  ? 
For  the  extinguishment  of  this  obligation  we 
had  already  ofl'ered  her  a  large  sum  of  money 
which  she  had  declined.  Was  she  now  willin"- 
to  give  it  up  without  any  ecjuivalent  ? 

'•Sir,  the  whole  history  of  the  negotiation  ig 
full  of  j)roof  that  the  individual  claims  of  (m- 
citizens,  and  the  govenunent  claims  of  Fiiuue 
against  the  United  States,  cnnstituled  the  ro- 
spv.jtive  demands  of  the  two  paities.  Tlicy 
were  brought  forwanl  together,  discussed  td- 
gether,  insisted  on  together.  The  French  min- 
isters would  never  consent  to  discoiuiect  them. 
While  they  admitted,  in  tlie  fullest  manner,  the 
clainjs  on  our  side,  they  maintained,  with  iieij^o- 
severing  n-solution,  the  claims  on  the  siije  of 
France.  It  would  fatigue  the  Senate  were  1  to 
go  through  the  whole  cori-espondencc,  and  show, 
as  I  could  easily  do,  that,  in  every  stage  of  the 
negotiation,  these  two  subjects  were  kept  to- 
gether. I  will  only  refer  to  some  of  the  nmro 
prominent  and  decisive  i)arts. 

"In  the  first  place,  the  general  instniciiciis 
which  our  ministers  received  ron>  our  own  ;.ov- 
eriiment,  when  they  undertook  the  mission,  di- 
reeled  them  to  insist  on  the  claims  of  Anierican 
citizens  against  France,  to  propose  a  joint  lioanl 
of  commi.s,<ioners  to  slate  tliose  claims,  and  to 
agree  to  lefer  the  cl;\ims  of  France  for  infriiij:^- 
ments  of  the  treaty  of  ciunmerce  to  the  .sjiine 
board.  I  will  read,  sir.  so  nuich  of  the  instruc- 
tions as  comprehend  these  points  : 

"'1.  At  the  opening  of  the  negotiation  ymi 
will  iTiform  the  French  ministers  that  the  Uni- 
ted Slates  expect  from  Fi ance,  as  an  intlisiRii- 
sablc  condition  of  the  treaty,  a  stipuliiti(jn  to 
make  to  the  citizens  of  the  United  States  I'liil 
compensation  for  all  losses  and  damages  which 
they  shall  have  sustained  by  reason  of  irregular 
or  illegal  captnrk?s  or  condemnations  of  their 
vessels  and  other  property,  under  color  of  au- 
thority or  commissions  from  the  French  Iti'imh- 
lic  or  its  agents.  And  all  captures  and  con- 
demnations are  deemed  irregular  or  iUegal  win  n 
contrary  to  the  law  of  nations,  generully  n- 
ceived  and  acknowledgeil  in  Europe,  and  to  the 
stipulations  in  the  treaty  of  amity  and  cun- 
inerce  (jf  the  (Hh  of  February,  1778,  fairly  and 
ingenuoiisly  interpreted,  while  that  treaty  n- 
mained  in  force.' 

"'2.  If  these  preliminaries  should  he  satis- 
factorily arranged,  then,  for  the  purpose  of  ix- 
aminhig  and  adjusting  all  the  claims  of  our  citi- 
zens, it  will  be  necessary  to  provide  for  tlieap- 


(Pl'^i 


ANNO  1836.    ANDREW  JACKSON,  PRESIDENT. 


513 


^mselvcs,  the  object  of  two 
e  Mibiocts  of  so  much  jirc- 
,ui(l  at  one  time  so  m<nr  b.ing 
.,u._,li(l  the  povcrnmcnt  sur- 
icc  them  gratuitously,  or  for 
w.  reasonable  motive  lu  the 
Sir,  it  is  impossible  to  main- 

,ther  haml,  let  me  ask  was  It 
Prance  relinquished,  what  she 
tcl  on,  the  obligation  of  jhc 

fiiltil  the  treaties  of  lnf<? 
.h.nent  of  this  ..blip.it.on  we 
..I  her  a  large  sum  of  money, 
cliued.  ^Vas  she  now  wiUm- 
loutany  equivalent? 
e  history  of  the  negotiation  i, 
t  the  individual  claims  of  .m- 

coveniment  claims  «>f  Iran'e 
ted  States,  constituted  the  lo- 
Is  of  the  two  parties.      Uiey 
orward   together,  discussed  t..- 
antosrether.     The  rieiuh  iniu- 
ver  c'onsent  to  .lisconnect  tliem. 
,itted,  in  the  fullest  maimer.  tl>e 
,lo,  thev  maintained,  with  reiso- 
tion    the  claims  on  the  siMe  of 
d.l  fatigue  the  Senate  weiv  1  to 
whole  corivspondencc,  anil  show, 
v-  do,  that,  in  every  stage  o   Ik 
L'  two  subjects  were  kept  lu- 
only  refer  to  some  of  the  iiioiv 
Idccisive  parts.         .  .    , 
'    place,  the  general  mstn.cno,,,. 
kers  received   lom  our  own  x"\- 

they  undeit..ok  the  mission.  .1,- 

insist  on  the  claims  of  All.™ 
I  France,  to  propose  a  joint  hoanl 

rs  to  state  those  claims,  and  to 
he  cl'-xims  of  France  for  mtnn.,T. 

re-itv  of  commerce  to  the  same 
read,  sir.  so  much  of  the  mslruc- 
•hend  these  points : 

opening  of  the  "^?"V»  .''^"f  "f 
I  French  ministers  that  the  I  m- 
cct  from  Fiance,  as  an  in.hsviii- 
of  the  treaty,  a  stipulation  to 
tizens  of  the 'united  States  lul 
or  all  loss.es  and  .lamages  which 
\  sustained  by  reason  ol  iriTgi.kr 
urcs  or  ondemnations  of  tlieir 
Icr  propevty,"n«ler  color  of  all- 
usions 1-rom  the  French  1  e,,i.  .- 
ts     And  all  captures  and  om- 
!  deemed  irregular  or  iUegawlini 

xc  law  of  nations,  general  \  n- 
nowlcdgcd  in  Europe,  and  to  tit 
fX  tiJaty  of  anmy  and  nj 
r.th  of  February,  17  (H,  fail  1\  .»"i 
fterpreted,  while  that  treaty  k- 

le  preliminaries  sbtmhl  he  sutiv 
Iped,  then,  for  the  puriioseol^v 

lljusting  all  the  claims  </;;''' 
'ucccssaiy  to  provide  lor  the  ap- 


pointmcnt  of  a  board  of  commissioners,  similar 
to  that  described  in  the  sixth  and  seventh  arti- 
cles of  the  treaty  of  amity  and  commerce  ]  e- 
[wecn  tho  United  States  and  Great  Britain.' 

<'As  the  French  government  have  hereto- 
fore complained  of  infringements  of  the  treaty 
of  amity  and  commerce,  by  the  United  States 
or  their  citizens,  all  claims  for  injuries,  thereby 
occasioned  to  I  ranee  or  its  citizens,  are  to  be 
submitted  to  the  same  board ;  and  whatever 
damages  they  award  will  be  allowed  by  tho 
United  States,  and  deducted  from  the  sums 
awarded  to  be  paid  by  France.' 

'"Now,  sir,  suppose  this  board  had  been  con- 
stituted, and  suppose  that  it  had  made  awards 
ai'ainst  France,  in  behalf  of  citizens  of  the  Uni- 
ted States,  and  had  made  awards  also  in  favor 
of  the  government  of  France  against  the  gov- 
ernment of  the  United  States  ;  and  then  these 
last  awards  had  been  deducted  from  the  amount 
of  the  former,  and  the  property  of  citizens  thus 
applied  to  discharge  the  public  obligations  of 
tlie  country,  would  any  body  doubt  that  such 
citizens  would  be  entitled  to  indemnity  ?  And 
are  they  less  entitled,  because,  instead  of  being 
iirst  liiiuidated  and  a.scertained,  and  then  set 
otr,  one  against  the  other,  they  are  finally 
agreed  to  be  set  ofl'  against  each  otlier,  and  mu- 
tually relinquished  in  the  lump? 

"Acting  upon  their  instructions,  it  will  be 
seen  lliat  the  American  ministers  made  an  ac- 
tual ofl'er  to  suspend  the  claim  for  indemnities 
(ill  France  should  be  satisfied  as  to  her  politi- 
cal riglits  under  the  treaties.  On  the  15th  of 
July  they  made  this  proposition  to  the  French 
nepitiators : 

'•'lndeninitie.9  to  be  ascertained  and  secured 
in  tlie  manner  proposed  in  our  pn»ject  of  a  trea- 
ty, but  not  to  be  paid  until  the  United  States 
shall  have  otlered  to  France  an  article  stipulat- 
iwf  flee  admission,  in  the  ports  of  each,  for  the 
privateers  and  prizes  of  the  other,  to  the  exclu- 
sion of  their  enemies.' 

"This,  it  will  he  at  once  seen,  was  a  direct 
ofTerto  suspend  the  claim.s  of  our  own  citizens 
till  our  government  sljould  be  willing  to  renew 
to  France  the  obligation  of  the  treaty  of  1778. 
Was  not  this  an  offer  to  make  use  of  private 
property  for  public  purposes  ? 

"On  the  lUh  of  August,  the  French  pleni- 
potentiuiies  thus  write  to  the  ministers  of  the 
United  States : 

"The  prono«itinns  which  the  French  minis- 
ters have  llie  honor  to  cominiiiiicatc  to  the  min- 
i^ter.s  plenipotentiary  of  the  United  States  are 
I  reduced  to  this  simple  alternative : 

'•'Either  tlie  ancient  tivatii'S,  with  tho  privi- 
lejcs  resulting  from  jtriority,  and  a  stipulation 
I  of  ivciproeal  ii;demnities ; 

'l|'  a  new  treaty,  assuring  equality  without 
liiiiiwuuily.' 

hi  oilier  words,  this  offer  is,  '  if  you  will  ac- 

|kno\vled;,'e  or  renew  the  obligation  of  the  old 

Itrcaties,  whitli  secure  to  ua  privileges  in  your 

orts  wiiieh  o  ir  enemies  are  not  to  enjoy,  theu 

Vol.  1.— 33 


w  c  will  make  indemnities  for  the  losses  of  your 
citizens ;  or,  if  you  will  give  up  all  claim  for 
such  indemnities,  then  we  will  relinquish  our 
especial  privileges  under  the  former  treaties, 
and  agree  to  a  new  treaty  which  shall  only  put 
us  on  a  looting  of  equality  with  Great  Britam, 
our  enemy.' 

"  On  the  20th  of  August  our  ministers  pro- 
pose that  the  former  treaties,  so  far  as  they  re- 
spect the  lights  of  privateers,  shall  be  renewed  r 
but  that  it  shall  be  optional  with  the  United 
States,  by  the  payment,  within  seven  years,  of 
three  millions  of  franca,  either  in  money  or  in 
securities  issued  by  the  French  government  for 
indemnities  to  our  citizens,  to  buy  off  this  ob- 
ligation, or  to  buy  oil'  all  its  political  obligations, 
under  both  the  old  treaties,  by  payment  in  like 
manner  of  five  millions  of  francs. 

'•  On  the  4th  of  September  the  French  minis- 
ters submit  these  propositions. 

'* '  A  commission  shall  regulate  the  indemnities 
which  either  of  the  two  nations  may  owe  to  the 
citizens  of  the  other. 

'"The  indemnities  which  shall  bo  due  by 
France  to  the  citizena  of  the  United  States  shall 
be  paid  lor  by  the  United  States,  and  in  return 
for  which  l''raiice  yields  the  exclusive  privilege 
resulting  from  the  17  th  and  22d  articles  of 
the  treaty  of  commerce,  and  from  the  rights  of 
guaranty  of  the  11th  article  of  the  treaty  of  al- 
liance.' 

"The  American  ministers  considered  these 
propositions  .as  inadmissible.  They,  however, 
on  their  j)art,  made  an  approach  to  them,  by 
jiroposing,  in  substance,  that  it  should  be  left 
optioi.itl  with  the  United  States,  on  the  exchange 
of  the  ratilieation,  to  relinquish  the  indemnities, 
and  in  that  ease,  the  old  treaties  not  to  be  ob- 
ligatory on  the  United  States,  so  far  as  they 
conferred  exclusive  privileges  on  France.  This 
will  be  seen  in  the  letter  of  the  American  min- 
isters of  the  Sth  of  September. 

"On  the  IHth  of  September  the  American 
ministers  say  to  those  of  France; 

'• '  It  remains  only  to  consider  tho  expediency 
of  u  temporary  airungement.  Should  such  an 
arrangement  comport  with  the  views  of  France, 
the  following  principles  are  offered  as  the  ba-sis 
of  it: 

"'1st.  The  ministers  plenipotentiary  of  the 
rosiH;elive  parties  not  being  able  at  present  to 
agree  respecting  the  former  treaties  and  indem- 
nities, the  parties  will,  in  due  and  convenient 
time,  further  treat  on  those  subjects  ;  and,  until 
they  shall  have  agreed  respecting  the  same,  tho 
said  treaties  shall  have  no  ojHTation.' 

'This,  the  Senate  will  see,  is  substantially  the 

proposition  which  was  ultimately  accepte<l,  and 

I  which  formed  the  second  article  of  the  treaty. 

I  ]Jy  that  article,  these  claim.s,  on  both  sides,  were- 

postponed  for  the  present,  and  afterwards,  by 

other  acts  of  the  two  governments,  they  were 

mutually  ami  for  over   renounced   and  reliu- 

j  quished. 

I      "  And  now^  sir,  if  any  gentleman  can  look  to- 


614 


THIRTY  YEARS'  VIEW. 


I      hi  m\ I  M 


the  trcoty,  look  to  the  instnictiona  under  which 
it  was  conchuled,  look  to  the  corrcBpondence 
which  proce(k>(l  it,  nnd  look  to  the  subsequent 
ftgreenu'iit  of  the  two  governments  to  renounce 
cliiims,  on  both  sides,  and  not  ndmit  that  the 
propert}'  of  these  private  citizens  has  been 
taken  to  buy  off  embarrassinf;  claims  of  Franco 
on  the  povemment  of  the  United  States,  I  know 
not  what  other  or  further  evidence  could  ever 
force  that  conviction  on  his  mind. 

"  I  will  conclude  this  part  of  the  case  by 
showing  you  iiow  this  matter  was  understood 
by  the  American  administration  which  finally 
accepted  the  treaty,  with  this  renounconient  of 
indemnifies.  The  treaty  was  negotiated  in  the 
adrfiinistration  of  Mr.  Adam.«.  It  was  amended 
in  the  Senate,  as  already  stated,  anil  ratified  on 
the  third  day  of  February,  1801,  Mr.  Adams 
being  still  in  ofSce.  Being  thus  ratified,  with 
the  iimendmeut,  it  was  scut  back  to  France,  and 
on  the  thirty-first  day  of  July,  the  first  Consul 
ratified  the  treaty,  as  amended  by  striking  out 
the  second  article,  but  accompanied  the  ratifica- 
tion with  this  declaration,  '  provided  that,  by 
this  retrenchment,  the  two  states  renounce 
their  respective  pretensions,  which  are  the  ob- 
ject of  the  said  article.' 

"  With  this  declaration  appended,  the  treaty 
name  back  to  the  United  States.  Mr.  Jefferson 
had  now  become  President,  and  Mr.  Madison 
was  Secretary  of  State.  In  consequence  of  the 
declaration  of  the  French  government,  accom- 
panying its  ratification  of  the  treaty  and  now 
attached  to  it,  Mr.  Jefferson  again  referred  the 
treatj'  to  the  ISenatc,  and  on  the  15)th  of  Decem- 
ber, 1801,  the  Senate  resolved  that  they  consi- 
dered the  treaty  as  duly  ratified.  Now,  sir,  in 
order  to  show  what  Mr.  Jefferson  and  his  ad- 
ministration thought  of  this  treaty,  and  the 
effect  of  its  ratification,  in  its  then  exist- 
ing form,  I  l)cg  leave  to  read  an  extract  of  an 
official  letter  from  Mr.  Madison  to  Mr.  Pinck- 
ney,  then  our  minister  in  Spain.  Mr.  Pinckney 
was  at  that  time  negotiating  for  the  adjustment 
of  our  claims  on  Spain ;  and,  among  others,  for 
captures  committed  within  the  territories  of 
Spain,  by  French  subjects.  Spain  objected  to  these 
claims,  on  the  grounc^  that  the  United  States  had 
claimed  redress  of  such  injuries  from  France. 
In  writing  to  Mr.  Pinckney  (under  date  of  Feb- 
ruary Cth,  1804),  and  commeuting  on  this  plea 
of  Spain,  Mr.  Madison  says : 

" '  The  plea  on  which  it  seems  th'»  Spanish  gov- 
ernment now  principally  relies,  is  the  erasure  of 
the  second  article  fiora  our  late  convention  with 
France,  by  which  France  was  released  from  the 
indemnities  due  for  spoliations  committed  under 
her  immediate  responsibility  to  the  United 
States.  This  plea  did  not  apjHjar  in  the  early 
objections  of  Spain  to  our  claims.  It  was  an 
afterthought,  resulting  from  the  insufficiency 
of  every  other  plea,  iind  is  certainly  as  little 
valid  as  any  other.' 

"'The  injuries  for  which  indemnities  are 
claimed   from    Spain,    though    committed  by 


Frenchmen,  took  i)lace  under  Spanish  authority ; 
Spain,  therefore,  is  answerable  for  them.  To 
her  we  have  looked,  and  continue  to  look  for 
redress.  If  the  injuries  done  to  us  by  her  re- 
sulted in  any  manner  from  injuries  done  to 
her  by  France,  she  may,  if  she  pleases,  icsort 
to  France  as  we  resort  to  her.  But  wliethcr 
her  resort  to  France  wotdd  bo  just  or  unjust  ig 
a  nuestion  Iwtween  her  and  France,  not  between 
eitner  her  and  us,  or  us  and  France.  We  cluim 
against  her,  not  against  France.  In  releasing 
France,  therefore,  we  have  not  released  her. 
The  claims,  again,  from  which  France  was  re- 
leasetl,  were  admitted  by  France,  and  the  release 
was  for  a  valuable  consideration,  in  a  correspon- 
dent release  of  the  I'nited  States  from  certain 
claims  on  them.  The  claims  wo  make  on  Spain 
were  never  admitted  by  Frano,  nor  made  on 
France  by  the  United  States ;  they  made,  there- 
fore, no  part  of  the  bargain  with  her,  and  could 
not  be  included  in  the  release.' 

"  Certainly,  sir,  words  could  not  have  Iwn 
used  which  should  more  clearly  aflirni  that 
these  individual  claims,  these  private  rights  of 
prcqierty,  had  been  applied  to  public  uses.  Mr. 
Madison  here  declares,  une(]iiivocally,  that  thecc 
claims  had  been  admitted  by  France  ;  that  tlioy 
were  iTlinquished  by  the  government  of  the 
United  Stjvles;  that  they  were  relinquislicd  fur 
a  valuable  consideration ;  that  that  C()iisi(lei-,i. 
lion  was  a  correspondent  release  of  the  riiitid 
States  from  certain  claims  on  them  ;  niul  that 
the  whole  transaction  was  a  bargain  lictweiii 
the  two  goverinnents.  This,  sir,  be  it  remem- 
bered, vvius  little  more  than  two  yeais  after  the 
final  pronuilgation  of  the  treat}' ;  it  was  hy  the 
Secretary  of  State  under  that  adniinistratidn 
which  gave  effect  to  the  tr -aty  in  its  iiniended 
form,  and  it  proves,  beyond  mistake  and  liejond 
doubt,  the  clear  judgment  which  that  adniiuis- 
tration  had  formed  upon  the  t  rue  nature  and 
character  of  the  whole  transaction. 


CHAPTER    CXX. 

FRENCH  81H)L1ATI0NS-MK.  BENTONfl  SPEECH. 

"Thk  whole  stress  of  the  question  lies  in  a  few 
simple  facts,  which,  if  disembarrassed  from  the 
confusion  of  terms  and  conditions,  and  viencd 
in  their  plain  and  true  character,  render  it  dii- 
cult  not  to  arrive  at  a  just  a^d  cori-oct  view  of 
the  case.  The  advocates  of  this  measure  liavf 
no  other  grounds  to  rest  their  case  upon  than 
an  assumption  of  facts ;  they  assume  that  tiie  j 
United  States  lay  under  binding  and  onerom  j 
stipulations  to  France;  that  the  claims  ofthii 
bill  were  recognized  by  France ;  and  that  tin 


ANNO  1835.    ANDREW  JACKSON,  PRESIDENT. 


515 


ace  under  Spanish  ftuthonty; 
,  answcrnWo  for  them     Jo 
i\  and  contimic  to  look  for 
ihiries  done  to  ns  by  her  re- 
Luner  from  injuries   done  to 
,  „ay,  if  fi»'0  pleaBes,  resort 
vBort  to  her.    Btit  wk-ther 
ce  would  be  just  or  unjust  ,s 
n  her  and  France,  not  between 
or  UH  and  France.    AVeelmm 
against  France.    Tn  releasing 
.    we  have  not  relcafied  her. 
'from  which  France  was  re- 
tted by  France,  and  the  release 

0  consideration,  in  a  correspon- 
ho  United  StAtcs  from  certain 

The  claims  wo  make  on  bpain 
tted  by  Fi-anc-,,  nor  made  on 
„itcd  suites  ;thev  made  thero- 
the  bargain  with  her,  and  could 

in  the  release.' 

ir  words  could  not  have  l)een 

ould  more  clearly  aflirm  that 

1  claims,  these  private  rights  of 
con  applied  to  pub  ic  ii^es  Mr. 
eclai-es  unequivocally,  t. at  tioH^ 
1  admitted  by  France  ;  that  ti- 
lled by  the  government  of  the 

that  they  wei-ereliiuiuishe.1  for 
siderntion ;  that  that  cousi.kn- 
;8poident\eleasc<.fthelnit.^^ 
Kain  claims  on  them;  and  that 
.suction  was  a  bargaui  betweou 
.uents.    This,  sir,  be  it  rmem- 
e  more  than  two  years  after  k 
lionof  the  treaty  ;.t  was  by  the 
State  under  that  nduiniislrati..n 
,ct  to  the  tr  <aty  in  its  aniended 
ove^  beyond  mistake  and  beyond 
ir  juCent  which  that  admm.- 
ruled  iipo"  the  true  nature  and 
he  whole  transaction. 


AFTER    CXX. 

LUTI0N9-MU.  BENTONS  SPEECH. 
Less  of  the  question  lies  in  a  few 
Ivhich  if  tlisembarrassed  from  the 
terms' and  conditions,  and  viovv^ 
laud  true  character,  render  it  d.ffi- 
Inveatajustamlcon-ectvicwot 
le  advocates  of  this  measure  have 
Lds  to  i-est  their  case  upon  than 
la  of  facts;  they  assume  that  the 
L  lay  under  binding  and  onero. 
(to  France;  that  the  clainiBoH 
lognized  by  France;  and  that  tm 


United  States  made  herself  responsible  for  these 
claims,  insteuil  of  Fiance;  took  them  upon  her- 
self, and  became  bound  to  pay  them,  in  con- 
sideration of  getting  rid  of  tho  burdens  which 
weiglied  upon  her.  It  is  assumed  that  tho 
claims  were  good  when  the  United  States  aban- 
doned them ;  and  that  the  consideration,  which 
it  is  pretended  tho  United  States  received,  was 
of  a  nature  to  make  her  fully  responsible  to  the 
claiuMUits,  and  to  render  it  obligatory  upon  her 
to  satisfy  tho  claims. 

"  The  measure  rests  entirely  upon  those  as- 
sumptions; but  I  shall  show  that  tliey  are 
nothing  more  than  assumptions ;  that  these 
claims  were  not  recognized  by  France,  and  could 
not  be,  by  the  law  of  nations  ;  they  were  good 
for  nothing  when  they  were  made  ;  they  were 
pood  for  nothing  when  wo  abandoned  them. 
The  United  States  owed  nothing  to  Franco,  and 
receive<l  no  consideration  whatever  from  her,  to 
make  us  responsible  for  payment.  What  I  hero 
maintain,  I  shall  proceed  to  prove,  not  by  any 
artful  chain  of  argument,  but  by  plain  and  his- 
torical facts. 

'Let  me  ask,  sir,  on  what  grounds  is  it  main- 
tained that  the  United  States  received  a  valuable 
consideration  for  these  claims?  Under  what 
onerous  stipulations  did  she  lie?  In  what  did 
her  debt  consist,  which  it  is  alleged  Franco  gave 
up  in  payment  for  these  claims  1  By  tho  treaty 
of '78,  the  United  States  was  bound  to  guarantee 
tlie  French  American  possessions  to  France; 
and  France,  on  her  part,  guaranteed  to  the 
United  States  her  .'sovereignty  and  territory. 
In  "J3,  the  war  between  Great  Britain  and 
Fhnce  broke  out;  and  this  rupture  between 
those  nations  immediately  gave  rise  to  the 
question  how  far  this  guaranty  was  obligatory 
upon  the  United  States?  Whether. we  were 
liound  by  it  to  protect  France  on  the  side  of  her 
American  possessions  against  any  hostile  at- 
tack of  {Great  Britain  ;  and  thus  become  involved 
as  subalterns  in  a  war  in  which  we  had  no  cun- 
j  ccm  or  interest  whatever  ?  Here  we  come  to 
I  the  point  at  once  ••  for  if  it  should  appear  that 

we  were  not  bound  by  this  guaranty  to  become 
[parties  to  a  distant  European  war,  then,  sir,  it  will 
[be  an  evident,  a  decided  result  and  conclusion, 
Ithat  wewerc  under  no  obligation  to  France — that 
I  We  owed  her  no  debt  on  account  of  this  guaranty ; 
llnd,  plainly  enough,  it  will  follow,  we  received 
no  valuable  consideration  for  the  claims  of  this 


bill,  when  France  released  us  from  an  obligation 
which  it  will  apftcar  we  never  owed.  Let  ua 
briefly  see  how  the  case  stands. 

*'  Franco,  to  get  rid  of  claims  made  by  us,  put  a 
forward  counter  claims  under  this  guaranty ; 
proposing  by  such  a  diplomatic  manosuvre  to 
get  rid  of  our  demand,  the  injustice  of  which 
she  protested  against.    She  succeeded,  and  l)oth 
parties  abandoned  their  claims.    And  is  it  now 
to  be  urged  upon  us  that,  on  the  grounds  of  this 
astute  diplomacy,  wo  actually  received  a  valuable 
consideration  for  claims  which  were  considered 
good  for  nothing  ?     France  met  our  claims, 
whicli  were  good  for  nothing,  by  a  counter  claim, 
which  was  good  for  nothing;   and  when  we 
found  ourselves  thus  encountered,  we  abandoned 
OUR  previous  claim,  in  order  to  be  released  from 
the  counter  one  opposed  to  it.    After  this,  is  it, 
I  would  ask,  a  suitable  return  for  our  over- 
wrought anxiety  to  obtain  aatif  faction  for  our 
citizras,  that  any  one  of  them  should,  some 
th'i'ty  years  after  this,  turn  round  upon  ua  and 
8vy:  "now  you  have  received  a  valuable  con- 
sideration for  our  claims  ;  now,  then,  you  are 
bound  to  pay  us ! "    But  this  ia  in  fact,  sir,  the 
language  of  this  bill.    I  unhesitatingly  say  that 
the  guaranty  (a  release  from  which  is  the  pre- 
tended consideration  by  which  the  whole  people 
of  the  United  States  arc  brought  in  debtors  to 
a  few  insurance  ofBcea  to  tho  amount  of  mil- 
lions), this  guaranty,  sir,  I  affirm,  was  good  for 
nothing.    I  speak  on  no  Icsa  authority,  and  in 
no  less  a  name  than  that  of  the  great  father  of 
his  country,  Washington  himself,  when  I  affiitn 
that  this  guaranty  imposed  upon  us  no  obliga- 
tions towards  France.    How,  then,  shall  we  be 
persuaded  that,  in  virtue  of  this  guaranty,  we 
are  bound  to  pay  the  debts  and  make  good  the 
spoliations  of  France  ? 

"When  the  war  broke  out  between  Great  Bri- 
tain and  Prance  in  1793,  Washington  addressed 
to  his  cabinet  a  series  of  questions,  inquiring 
their  opinions  on  this  very  question — how  far 
the  treaty  of  guaranty  of  1778  was  obligatory 
upon  the  United  States — intending  to  take  their 
opinions  as  a  guidance  for  his  conduct  in  such  a 
difficult  situation.  [Here  the  honorable  Senator 
read  extracts  from  Washington's  queries  to  his 
cabinet,  with  some  of  the  opinions  themselves.] 

*'  In  consequence  of  the  opinions  of  his  cabinet 
concurring  with  his  own  sentiments.  President 
W^ashington  issued  a  proclamation  of  neutrality, 


disregarding  the  guaranty,  and  proclaiming  that 
we  were  not  bound  by  any  preceding  treaties  to 
defend  American  France  against  Great  Britain. 
The  wisdom  of  this  measure  is  apparent.  He 
wisely  thought  it  was  not  prudent  our  infant 
Ilcpublic  should  become  absorbed  in  the  vortex 
of  European  politics ;  and  therefore, 
without  long  and  mature  deliberation  how  far 
this  treaty  of  guaranty  was  obligatory  upon 
us,  he  pronounced  against  it ;  and  in  so  doing 
he  pronounced  against  the  very  bill  before  us ; 
for  the  bill  has  nothing  to  stand  upon  but  this 
guaranty ;  it  pretends  that  the  United  States 
is  bound  to  pay  for  injuries  inflicted  by  France, 
because  of  a  release  from  a  guaranty  by  which 
the  great  Washington  himself  solemnly  pro- 
nounced we  were  not  bound !  What  do  we 
now  behold,  sir  ?  We  behold  an  array  in  this 
House,  and  on  this  floor,  against  the  policy  of 
Washington !  They  seek  to  undo  his  deed ;  they 
condemn  his  principles ;  they  call  in  question 
the  wisdom  and  justice  of  his  wise  and  paternal 
counsels ;  they  urge  against  him  that  the  guar- 
anty bound  us,  and  whnt  for  ?  What  is  the 
motive  of  this  opposition  against  his  measures  ? 
Why,  sir,  that  this  bill  may  pass ;  and  the 
people,  the  burden-bearing  people,  be  made  to 
pay  away  a  few  millions,  in  consideration  of 
obligations  which,  after  mature  deliberation, 
Washington  pronounced  not  to  lie  upon  us ! 

*  I  think,  sir,  enough  has  been  said  to  put  to 
rest  for  ever  the  question  of  our  obligations 
under  this  guaranty.  Whatever  the  claims 
may  be,  it  must  be  evident  to  the  common  sense 
of  every  individual,  that  we  are  not,  and  cannot 
be,  bound  to  pay  them  in  the  stead  of  France, 
because  of  a  pretended  release  from  a  guaranty 
which  did  not  bind  us ;  I  say  did  not  bind  us, 
because,  to  have  observed  it,  would  have  led  to 
our  ruin  and  destruction ;  and  it  is  a  clear  prin- 
ciple of  the  law  of  nations,  that  a  treaty  is  not 
obligatory  when  it  is  impossible  to  observe  it. 
But,  sir,  leaving  the  question  whether  we  were 
made  responsible  for  the  debts  of  France, 
whether  we  were  placed  under  an  obligation  to 
atone  to  our  own  citizens  for  injuries  which  a 
foreign  power  had  committed ;  leaving  this  ques- 
tion as  settled  (and  I  trust  settled  for  ever),  I 
come  to  consider  the  claims  themselves,  their 
justice,  and  their  validity.  And  here  the  prin- 
ciple of  this  bill  will  prove,  on  this  head,  as 
weak  and  untenable — nay,  more — as  outrageous 


to  every  idea  of  common  sense,  as  it  was  on  ' 
former  head.    With  what  reason,  I  would  a 
can  gentlemen  press  the  American  people 
pay  these  claims,  when  it  would  be  imreasi 
able  to  press  France  herself  to  pay  them  ? 
France,  who  committed  the  wrong,  could  i 
justly  be  called  upon  to  atone  for  it,  how  ( 
the  United  States  now  be  called  upon  for  t 
money  ?     In  1798,  the  treaty  of  peace  w 
France  was  virtually  abolished  by  various  a 
of  Congress  authorizing  hostilities,  and  by  p 
clamation  of  the  President  to  the  same  efie 
it  was  abolished  on  account  of  its  violation 
France ;  on  account  of  those  depredations  whi 
this  bill  calls  upon  us  to  make  good.    By  th( 
acts  of  Congress  we  sought  satisfaction 
these  claims ;  and,  having  done  so,  it  was  i 
late  afterwards  to  seek  fresh  satisfaction 
demanding  indemnity.    There  was  woi-,  sir, 
ihe  gentleman  from  Georgia  has  clearly  6ho\ 
— war  on  account  of  these  spoliations— a 
when  we  sought  redress,  by  acts  of  warfare,  i 
precluded  ourselves  from  the  right  of  deman 
ing  redress  by  indemnity.   We  could  not,  tliei 
fore,  justly  urge  these  claims  against  Franc 
and  I  therefore  demand,  how  can  they  be  urgi 
against  us  ?     What  are  the  invincible  arg 
ments  by  which  gentlemen  establish  the  jusli 
and  validity  of  these  claims  1    For,  surely,  I 
fore  we  consent  to  sweep  away  millions  fn 
the  public  treasury,  we  ought  to  hear  at  leJ 
some  good  reasons.    Let  me  examine  their  go[ 
reasons.    The  argument  to  prove  the  valid! 
of  these  claims,  and  that  we  are  bound  to  n 
them,  is  this :  France  acknowledged  Ihein,  f 
the  United  States  took  them  upon  herself;  ij 
is,  they  were  paid  by  way  of  offset,  and 
valuable  consideration  the  United  States  I 
ceived  was  a  release  from  her  pretended  dblil 
tions !    Now,  sir,  let  us  see  how  France  acknl 
lodged  them.    These  very  claims  were  denj 
resisted,  and  rejected,  by  every  successive  >| 
ernmenl  of  France !    The  law  of  nations 
urged  against  them ;  because,  having  eng 
in  a  state  of  war,  on  the  r.  ount  of  them 
had  no  right  to  a  double  re      ss — first  bj| 
pris:ils,  and  afterwards  bj'^  indemnity  !  Besif 
France  justified  her  spoliations,  on  tlie  gra 
that  we  violated  our  neutrality  ;  that  the  s 
seized  were  laden  with  goods  belonging  tul 
English,  the  enemies  of  France ;  and  it  is  f 
known,  that,  in  ninety-nine  cases  out  of  a  | 


ANNO  1885.    ANDREW  JACKSON,  PRESIDENT. 


517 


common  sense,  as  It  was  on  the 
Vith  what  reason,  1  would  ask, 
press  the  American  people  to 
8,whenitwouldbeunrca8on- 
*U  herself  to  pay  them?    I 

mmitted  the  wrong,  could  not 
I  upon  to  atone  for  it,  how  can 
les  now  be  called  upon  for  tlus 
1798,  the  treaty  of  peace  with 
tually  abolished  by  various  acts 
.thorizing  hostilities,  and  by  pro. 
the  President  to  the  same  effect; 
cd  on  account  ofits  violation  by 

count  of  those  depredations  which 
upon  us  to  make  good.  By  tho.e 
,re88  we  sought  satisfaction  for 
:  and,  having  done  so  it  was  too 
'ds  to  seek  fresh  satisfaction  by 
ademnity.  There  was  war,  ^r,  as 
,„  from  Georgia  has  clearly  show. 

ccount  of  these  spoliations -anJ 
,ght  redress,  by  acts  of  w^aifar..,.c 
Ues  from  the  right  of  donuna. 
by  indemnity.  We  could  no^W 
urge  these  claims  agamst  France: 
rore  demand,  how  can  they  be  urged 

?     What  arc  the  invincible  arpi- 
Lich  gentlemen  establish  the  justice 
'  of  tliese  claims  1    For  surelyW- 
hsent  to  sweep  away  millions  ro. 
|treasury,weoughttohearatle. 
'reasons.   Let  me  examine  thoug^ 
'-he  argument  to  prove  the  vahd.u 
,ims,  and  that  we  are  boimd  to  pay 
[is-  France  acknowledged  them, am 
Siates  took  them  upon  herself;  tk 
ere  paid  by  way  of  offset,  and  tie 
.onsiLation  the  United  States  . 
^  release  from  her  pretended  obi.?- 
,w,  sir,  let  us  see  how  France  ackuo. 
Z     These  very  claims  were  denKi 

U  rejected,  by  every  successive  p. 
7f  France '.The  law  of  nations  .V 
Ltthem;  because,  having  cnga,.! 
rofwar,o;the..ountoftlm« 

Lftloa'doublere      — «-t  ^^H 
'  d  afterwards  by  indemmty    Be.  j 

«tified  her  spoliations,  on  the  H 
!:d  our  Neutrality;  that  the  J 

e  laden  with  goods  belong'ng^ 

the  enemies  of  France;  aiu.j 

hat,  in  ninety-nine  cases  out  of  ah.1 


dred  this  was  the  fact — that  American  citizens 
lent  their  names  to  the  English,  and  were  ready 
to  risk  all  the  dangers  of  French  spoliation,  for 
sake  of  the  great  profits,  which  more  than 
covered  the  risk.  And,  in  the  face  of  all  these 
facts,  we  aixi  told  that  the  French  acknowledged 
tlie  claims,  paid  them  by  a  release,  and  we  are 
now  bound  to  satisfy  them  \  And  !iow  is  this 
proved  ?  Where  are  the  invincible  arguments 
l)V  which  the  public  treasury  is  to  be  emptied  ? 
liear  them,  if  it  is  pos.sible  even  to  hear  them 
with  patience  !  When  we  urged  these  claims, 
the  French  negotiators  set  up  a  counter  claim ; 
and.  to  obtain  a  relea.se  from  this,  we  abandoned 
them !  Thus  it  is  that  the  French  acknowledged 
these  claims ;  and,  on  this  pretence,  because  of 
this  diplomatic  cunning  and  inf^enuity,  we  are 
now  told  that  the  national  honor  calls  on  us  to 
pay  them !  Was  ever  such  a  thing  heard  of 
before?  Wh}',  sir,  if  we  pass  this  bill,  we 
shall  deserve  eternal  obloquy  and  disgrace  from 
the  whole  American  people.  France,  after  re- 
peatedly and  perseveringly  denying  and  resist- 
ing these  claims,  at  U  ?t  gets  rid  of  them  for  ever 
bv  an  ingenious  trick,  and  by  pretending  to  ac- 
knowledge them ;  and  now  her  debt  (if  it  was 
a  debt)  is  thrown  upon  us ;  and,  in  consequence 
of  this  little  irick,  the  public  treasury  is  to  be 
tricked  out  of  several  millions !  Sir,  this  is  mon- 
strous !  I  say  it  is  outrageous !  I  intend  no 
personal  disrespect  to  any  gentleman  by  these 
observations ;  but  I  must  do  my  duty  to  my 
country,  and  I  repeat  it,  sir,  this  is  outrage- 
ous! 

"  It  is  strenuously  insisted  upon,  and  appears 
to  be  firmly  relied  upon  by  gentlemen  who  have 
I  advocated  this  measure,  that  the  United  States 
has  actually  received  from  France  full  consider- 
ation for  these  claims ;  in  a  word,  that  France 
has  paid  them !  I  have  already  shown,  by  his- 
torical facts,  by  the  law  of  nations,  and,  further, 
hy  the  authority  and  actions  of  Washington 
himself,  the  father  of  his  country,  that  we 
were  placed  under  no  obligations  to  France  by 
the  treaty  of  guaranty ;  and  that,  therefore,  a 
release  from  obligations  which  did  not  exist,  is 
I  no  valuable  consideration  at  all !  But,  sir,  how 
can  it  be  urged  upon  us  that  France  actually 
paid  us  for  claims  which  were  denied  and  re- 
listed, when  we  all  know  very  well  tliat,  for 
undisputed  claims,  for  claims  acknowledged  by 
treaty,  for  claims  solemnly  engaged  to  be  paid, 


we  could  never  succeed  in  getting  one  farthing ! 
I  thank  the  senator  from  New  Hampshire  (Mr. 
Hill),  for  the  enlightened  view  he  ha.s  given  on 
this  ca.se.    What,  sir,  was  the  conduct  of  Napo- 
leon, with  respect  to  money  ?    He  had  bound 
himself  to  pay  us  twenty  millions  of  francs, 
and  ho  would  not  pay  one  farthing  !    And  yet, 
sir,  we  are  confidently  assured  by  the  advocates 
of  this  bill  that  these  claims  were  paid  to  us  by 
Napoleon !    When  Louisiana  was  sold,  he  or- 
dered Marbois  to  get  fifty  millions,  and  did  not 
even  then,  intend  to  pay  us  out  of  that  sum  the 
tweaty  millions  he  had  bound  himself  by  trea- 
ty 10  pay.    Marbois  succeeded  in  getting  thirty 
niillioiui  of  francs  more  from  us,  and  from  this 
the  twenty  millions  due  was  deducted;  thus, 
sir,  we  were  mmle  to  pay  ourselves  our  own 
due,  and  Napoleon  escaped  the  payment  of  a 
farthing.    I  mean  to  make  no  reflection  upon 
our  negotiators  at  that  treaty ;  we  may  be  glad 
that  we  got  Louisiana  at  any  amount ;  for,  if 
we  had  not  obtained  it  by  money,  we  should 
soon  have  possessed  it  by  blood:  the  young 
West,  like  a  lion,  would  have  sprung  upon  the 
delta  of  the  Mississippi,  and  we  should  have 
had  an  earlier  edition  of  the  battle  of  New  Or- 
leans.   It  is  not  to  be  regretted,  therefore,  that 
we  gained  Louisiana  by  negotiation,  although 
we  paid  our  debts  ourselves  in  that  bargain. 
But  Napoleon  absolutely  scolded  Marbois  for 
allowing  the  deduction  of  twenty  millions  out 
of  the  sum  we  paid  for  Louisiana,  forgetting 
that  his  minister  had  got  thirty  millions  more 
than  he  ordered  him  to  ask,  and  that  we  had 
paid  ourselves  the  twenty  millions  due  to  us 
under  treaty.    Having  such  a  man  to  deal  with, 
how  can  it  be  maintained  on  this  floor  that 
the  United  States  has  been  paid  by  him  the 
claims  in  this  bill,  and  that,  therefore,  the  trea- 
sury is  bound  to  satisfy  them  ?    Let  senators, 
I  entreat  them,  but  ask  themselves  the  ques- 
tion, what  these  claims  were  worth  iu  the  view 
of  Napoleon,  that  they  may  not  form  such  an 
unwarranted  conclusion  as  to  think  he  ever  paid 
them.    Every  government  of  Frvnce  which  pre- 
ceded him  had  treated  them  as  English  claims, 
and  is  it  likely  that  he  who  refused  to  pay  claims 
subsequent  to   tli<;se,  under  treaty  signed  by 
himself,  would  pay  old  claims  anterior  to  1800? 
The  claims  were  not  worth  a  straw ;  they  were 
considered  as  lawful  spoliations ;  that  by  our 
proclamation  we  had  broken  the  neutrality; 


518 


THIRTY  YEARS'  VIEW. 


m 


.11 « 


;j;,- 


ir, 


and,  after  all,  that  they  were  incurred  by 
English  enterprises,  covered  by  the  American 
flag.  It  is  pretended  he  acknowledged  them ! 
Would  he  have  inserted  two  lines  in  the  trea- 
ty to  rescind  them,  to  get  rid  of  such  claims, 
when  he  would  not  pay  those  he  had  acknow- 
ledged ? 

To  recur  once  more,  sir,  to  the  valuable  con- 
sideration which  it  is  pretended  we  received  for 
these  claims.  It  is  maintained  that  we  were 
paid  by  receiving  a  release  from  onerous  ob- 
ligations imposed  upon  us  by  the  treaty  of 
guaranty,  which  obligations  I  have  already 
shown  that  the  great  "Washington  himself  pro- 
nounced to  be  nothing;  and  therefore,  sir,  it 
])Iainly  follows  that  this  valuable  consideration 
was — nothing ! 

Whot,  Kir !  Is  it  sr.id  we  were  roloapcd  from 
obligations  ?  From  what  cijligatlons,  I  would 
ask,  were  we  relieved?  From  tlie  obligation 
of  guarantee.. ig  to  France  her  American  posses- 
sions ;  from  the  obligftiiou  of  couquering  St. 
Domingo  for  France !  B'roi"  an  impossibility, 
sir!  for  do  we  not  know  that  this  was  im- 
possible to  the  fleets  and  armies  of  Fiance, 
under  Le  Clcrc,  the  brother-in-law  of  Napoleon 
himseli"?  Did  they  not  perish  miserably  by  tbo 
knives  of  infuriated  negroes  and  the  deso'.ling 
ravages  of  pestilence  {  Again,  we  were  released 
from  the  ob  igation  of  restoring  Guadaloupe  to 
the  French  ;  which  also  was  not  possible,  unless 
'.ve  iiad  entered  into  a  war  with  Great  Britain  ! 
And  thuR,  sir,  the  valuable  consideration,  the 
release  by  which  these  claims  are  said  to  be 
fully  paid  to  the  United  States,  turns  out  to  be 
a  release  from  nothing  !  a  release  from  absolute 
impossibilities ;  for  it  was  not  possible  to  guar- 
antee to  France  her  colonies ;  she  lost  them,  and 
there  was  nothing  to  guarantee ;  it  wbs  a  one- 
sided guaranty !  She  surrendered  them  by 
treaty,  and  tb  »re  is  nothing  for  the  guaranty 
to  operate  on. 

The  gentleman  from  Geoi^ia  [Mr.  King],  has 
given  a  vivid  and  able  picture  of  the  exe,  tions 
of  the  United  States  government  in  behalf  of 
these  claims.  He  has  shown  that  Ihey  have 
been  paid,  and  more  than  paid,  on  our  part,  by 
the  invaluable  blood  of  our  citizens!  Such, 
i^deed,  is  the  tiici.  "What  has  not  been  vlone 
by  the  United  States  on  behalf  of  these  clu'ms? 
For  these  very  c'cims.  for  the  protection  of 
thoso  very  claim<nts,  we  underweni  an  in- 


credible expense  both  in  military  and  na\ 
armaments. 

[Here  the  honorable  senator  read  a  long  li 
of  military  and  naval  preparations  made  by  Co 
gress  for  the  protection  of  these  claims,  specif 
ing  the  dates  and  the  numbers.] 

Nor  did  the  United  States  confine  hersc 
solely  to  these  strenous  exertions  and  expensi 
armaments;  besides  raising  fleets  and  armies,8l 
sent  across  the  Atlantic  embassies  and  agent 
she  gave  letters  of  marque,  by  which  cvei 
injured  individual  might  take  his  own  rcme( 
and  repay  bimself  his  losses.  For  these  vei 
claims  tli''  people  were  laden  at  that  period  wi 
heavy  taxes,  Ijesides  the  blood  of  our  peop 
which  was  ppilt  for  t^;m.  Loans  were  rnis( 
at  eijht  per  cent,  to  obtain  rediesa  for  the 
claims;  and  what  wns  the  consequence? 
overturned  the  men  in  power  at  tliat  ptiioc 
this  it  war»  which  produced  that  r<!>*ult,  mo 
than  political  differences. 

The  pooplc  weie  taxed  and  sufTcrud  for  thci 
same  claims  in  that  day  j  and  now  thoy  ai 
brought  lorward  again  to  exliaust  the  pnbl 
treasury  and  to  sweep  away  more  millions  m 
from  the  people,  to  impose  taxes  again  upon  tlicn 
for  the  very  same  claims  for  which  the  f  eo] 
have  already  once  been  taxed ;  reviving  tlie  s) 
tem  of  '98,  to  render  loans  and  debts  and  c 
cumbrfinceB  again  to  be  required ;  to  embaira 
the  government,  entangle  the  State,  to  inipovi; 
ish  the  people ;  to  dig,  in  a  word,  by  gradii 
measures  of  this  description,  a  pit  to  plunge 
nation  headlong  into  inexti-icable  difficulty  ar 
ruin! 

The  government,  in  those  days,  perforracl 
duty  to  the  citizens  in  the  protection  of  tli 
commerce;  and  by  vindicating,  asserting, ai 
satisfying  these  claims,  it  left  nothing  und 
which  now  is  to  be  i^^ne ;  the  pretensions  of  tl 
bill  are  therefore  utterly  unfounded  !  Dut 
are  reciprocal  j  the  duty  oi  ffovernment  is  p 
tection,  ar/d  thct  of  citizens  al'<!giance 
bill  attempts  to  throw  upon  the  present  g' 
ernment  the  duties  and  expenses  of  a  form 
government,  whi  "h  have  been  already  once  a 
quitted.  On  its  part,  government  has  <>iii 
with  energy  and  zeal,  its  duty  to  the  cuiztn 
it  has  protected  end  now  is  protecting  tht 
rights,  and  asserting  their  just  claims.  Vv'itn. 
our  navy,  kepi  up  in  time  of  peace,  for  the  pi 
tection  of  commerce  and  for  the  profit  of  o 


.;i 


11^ 


iV 


ANNO  1835.     ANDUKW  JACKSON,  rUF-SlDENT. 


519 


so  both  in  military  and  naval 

jnorablo  senator  read  a  long  list 
naval  preparations  made  by  Con- 
rotection  of  these  claims,  specify- 
,nd  the  numbers.] 
e  United  SUtes  confine  herself 
Rtrenous  exertions  and  expensive 
Bsides  raising  fleets  and  armies,  slie 
e  Atlantic  embassies  and  agents ; 
crs  of  marque,  by  which  every 
iual  might  take  his  own  remedy 
nself  his  losses.    For  these  very 
jple  were  laden  at  that  period  with 
Ijesides  the  blood  of  our  people 
lilt  for  tb.m.    Loans  were  raised 
cent,  to  obtain  reilvess  for  these 
what  Wiis  the  consequence?    It 
he  men  in  power  at  that  period ; 
vhich  produced  that  u^mlt,  more 
I  differences. 

J  were  taxed  and  sufTcrLd  for  those 
in  that  day ;  and  now  they  are 
yard  again  to  exhaust  the  imhlic 
I  to  sweep  away  more  millions  yet 
pie,  to  impose  taxes  again  upon  tlum 
same  claims  for  which  the  n:o\k 
once  been  taxed  ;  reviving  the  sys- 
,o  render  loans  and  debts  ami  en- 
again  to  be  required ;  to  embarrass 
lent,  entangle  the  State,  to  inipovor- 
ple ;  to  dig,  in  a  word,  by  gradual 
this  description,  a  pit  to  plunge  the 
ong  into  inextricable  diflieulty  and 

•nment,  in  those  days,  performed  its 
citizens  in  the  protection  of  their 
and  by  vindicating,  asserting,  and 
lese  claims,  it  left  nothing  undone 
s  to  be  O'^ie ;  the  pretensions  of  this 
refore  utterly  unfounded  !     Duties 
al ,  the  duty  oi  L'overnment  is  pro- 
thct  of  citizens  al''!giance.    Tiiis 
8  to  throw  upon  the  present  g'^- 
e  duties  and  expenses  of  a  former 
whi  -h  have  been  already  once  ac 
n  its  part,  government  has  <".itilh'- 
r  and  zeal,  its  duty  to  the  cuizens; 
ccted  »nd  now  is  protecting  their 
Inserting  their  just  claims.  V/itrs 
ept  up  in  time  of  peace,  for  the  pifr 
jommerco  and  for  the  profit  of  oui 


citizens;  witness  our  cruisers  on  every  point 
of  the  globe,  for  the  security  of  citizens  pursu- 
ing every  kind  of  lawful  business.  But,  there 
are  limits  to  the  protection  of  the  interests  of 
individual  citizens ;  peace  nmst,  at  one  time  or 
other,  be  obtained,  and  sacrilices  are  to  be  macio 
for  a  valuable  consideration.  Now,  sir,  peace  i.' 
a  valuable  consideration,  and  claims  are  often 
necessarily  abandoned  to  obtain  it.  In  1814, 
we  gave  up  claims  for  the  sake  of  peace ;  we 
gave  up  claims  for  Spanish  spoliations,  at  the 
treaty  of  Florida ;  we  gave  up  claims  to  Den- 
mark. These  claims  also  were  given  up,  long 
anterior  to  others  I  have  mentioned.  When 
peace  is  made,  the  claims  take  their  chance; 
some  are  given  up  for  a  gross  sum,  and  some, 
such  as  theoc,  when  they  are  worth  nothing, 
will  fetch  nothing.  IIow  monstrous,  therefore, 
that  measure  is,  which  would  transfer  abandon- 
ed and  disputed  claims  from  the  country,  by 
which  they  were  said  to  be  due,  to  our  own 
country,  to  our  own  government,  upon  our  own 
citizens,  leqtiiring  us  to  pay  what  others  owed 
(nay,  what  it  is  doubtful  if  they  d' '  owe);  re- 
quiring ns  to  pay  what  we  have  never  received 
one  furtliing  for,  aud  for  which,  if  we  had  re- 
ceived millions,  wo  hav;  paid  away  more  than 
those  millions  in  arduous  exertions  on  their  be- 
half! 

I  should  not  discharge  the  duty  I  owe  to  mj' 
country,  if  I  did  not  probe  still  deeper  into 
these  transactions.  What  were  the  losses  which 
led  to  these  claims  ?  Gentlemen  have  indulged 
themselves  in  all  the  flights  and  raptures  of 
poetry  on  this  pathetic  topic ;  we  have  heard 
of  '■  ships  swept  from  the  ocean,  families  plunged 
in  want  aud  ruin ;"  and  such  like  !  What  is  the 
fact,  sir  ?  It  is  as  the  gentleman  from  New 
Hampshire  has  said :  never,  sir,  was  there  known, 
before  or  since,  such  a  flourishing  stute  of  com- 
merce as  the  very  time  and  period  of  these 
spoil  'tions.  At  that  time,  men  made  fortunes  if 
they  saved  one  ship  only,  out  of  every  four  or  five, 
from  xhe  French  cruisers  !  Let  us  examine  the 
stubborn  facts  of  sober  arithmetic,  in  this  case, 
and  not  sit  still  and  see  the  people's  money 
charmed  out  of  the  treasury  by  the  persuasive 
notes:  of  pootry.  [Mr.  11  here  referred  to  pub- 
lic documents  showing  that,  in  the  j'ears  1793, 
■'Jl,  '95,  '0(i,  "J7,  '98,  '99,  up  to  1800,  the  ex- 
Iiorts,  annually  increased  at  a  rapid  rate,  till,  in 
liJUO,  they  amounted  to  more  than  ^91,000,000]. 


It  must  be  taken  into  consideration  that,  at 
this  period,  our  population  was  less  than  it  in 
now,  our  territory  was  much  more  limited,  we 
had  not  Louisiana  and  the  port  of  New  Orleans, 
and  yet  our  commerce  was  far  more  flourishing 
than  it  ever  has  been  since  ;  and  at  a  time,  too, 
when  we  had  no  nuunmoth  banking  corporation 
to  boast  of  its  indispensable,  its  vital  necessity 
to  commerce  !  These  are  the  facts  of  numbers, 
of  arithmetic,  which  blow  away  the  edifice  of 
the  gentlemen's  poetry,  as  the  wind  scatters 
straws. 

With  resiiect  to  the  parties  in  whose  hands 
these  claims  are.  They  are  in  the  hands  of  insur- 
ance ofllces,  assignees,  and  jobbers;  they  arc  in 
the  hands  of  the  knowing  ones  who  have  bought 
them  up  for  two,  three,  live,  ten  cents  in  the 
dollar!  What  has  become  of  the  screaming 
babes  that  have  been  held  up  after  the  ancient 
Roman  method,  to  excite  pity  and  move  our 
sympathies?  AVhat  has  become  of  the  widows 
and  original  claimants  ?  They  have  been  bought 
out  long  ago  by  the  knowing  ones.  If  wo 
countenance  this  bill,  sir,  we  shall  renew  the 
disgraceful  scenes  of  1793,  and  witness  a  repeti- 
tion of  the  infamous  fraud  and  gambling,  and  all 
the  old  artifices  which  the  certificate  funding  act 
gave  rise  to.  (Mr.  B.  here  read  several  interest- 
ing extracts,  describing  the  scenes  which  then 
took  place.) 

One  of  the  most  revolting  features  of  this  bill 
is  its  relation  to  the  insurers.  The  most  in- 
famous and  odious  act  ever  i)asscd  by  Congress 
was  the  certificate  funding  act  of  1793,  an  act 
passed  in  favor  of  a  crowd  of  speculators ;  but 
the  principle  of  this  bill  is  more  odious  than 
even  it;  I  mean  that  of  paying  insurers  for  their 
losses.  The  United  States,  sir,  insure!  Can 
any  thing  be  conceived  more  revolting  and  atro- 
cious than  to  direct  the  funds  of  the  treasury, 
the  property  of  the  people,  to  such  iniquitous 
uses?  On  what  principle  is  this  grounded? 
Their  occupation  is  a  safe  one  ;  they  make  cal- 
culations against  all  probabilities ;  they  make 
fortunes  at  all  times ;  and  especially  at  this  very 
time  when  we  are  culled,  upon  to  refund  their 
losses,  they  made  immense  fortunes.  It  would 
be  far  more  just  and  equitable  if  Congress  were 
to  insure  the  farmers  and  planters,  and  pay  them 
their  losses  on  the  failure  of  the  cotton  crop  j 
they,  sir,  are  more  entitled  to  put  forth  such 
claims  than  speculators  and  gamblers,  whose 


V/      -. 


m 


'  It. 


020 


TIllltTV  YKAHS*  VIEW. 


"Kt.r'i.f 


H'K 


trudi'  iukI  liiiHiiicsH  it  if*  to  miiki*  iiii>iii'y  l»y 
IdsHiy.  Tliis  liill,  if  |i!IssimI,  would  ln'  (ho 
most  oilidiis  ntul  iiiipnnt'ipk-d  vwv  {ms^<i>d  hy 
Conpri'SH. 

AnotluT  qiK'stioii,  sir.  orciirH  to  iiic :  wliiit 
mini  of  tnoiicy  will  this  liill  iil  is  tract  fnnii  ihv 
tiviisury  ?  !t  nays  tivo  millions,  it  in  tnu- ;  Imt 
it  diK's  not  Hay  "  and  no  nioiv  ; "  it  docs  not  sny 
that  tlu-y  will  he  in  full.  If  the  projirt  of  jiass- 
ini;  this  hill  should  succeed,  not  only  will  claims 
he  made,  hut  next  will  conic  inteivHt  iipoii  them ! 
Iteflect,  sir,  one  moment:  interest  from  ITCH  and 
1800  to  this  day  !  Nor  is  theie  any  limitation 
of  the  amount  of  claims;  no,  sir,  it  would  not 
he  possihie  for  the  ima;iination  of  man,  to  invent 
luori'  ouniiin};'  words  than  the  wordin;i;  of  this 
bill.  Il  is  made  to  cover  all  sorts  of  claims; 
then"  is  no  kind  of  spe<Mlication  adeiinate  to  ex- 
clude them  ;  the  most  ille;;al  claims  will  he  ad- 
mitted hy  its  loose  i>hraseo1ojry  ! 

A(rain  suffer  me  to  call  your  attention  to  an- 
other feature  of  this  atrocious  measure;  let  me 
warn  my  country  of  the  ahyss  which  it  is  at- 
temped  to  open  heforc  it,  by  thia  and  other 
similar  measures  of  draining  and  exhausting;  the 
luihlic  treasury ! 

These  claims  rejected  and  ppiirned  hy  France; 
these  claims  for  which  we  have  never  received 
one  cent,  all  the  payment  ever  made  for  them 
urjred  upon  us  hy  their  advocates  beinp;  a  meta- 
physical and  imajiinary  payment ;  these  claims 
which,  under  such  deceptive  circumstances  as 
these,  we,  sir,  are  called  upon  to  pay,  and  to  pay 
to  insurers,  usurers,  gaml)lers.  and  speculators ; 
these  monstrous  claims  which  are  foisted  upon 
the  American  people,  let  me  ask,  how  are  thej- 
to  be  adjudged  by  this  bill  ?  Is  it  credible,  sir? 
They  are  to  be  tried  by  an  c.r  jnirtc  tril)unal ! 
Commis.sioners  are  to  be  appointed,  and  then, 
once  seated  in  this  berth,  they  are  to  give  away 
and  dispose  of  the  public  money  according  to 
the  cases  proved!  No  doubt,  sir,  they  will  be 
all  honorable  men.  I  do  not  dispute  that !  No 
doubt  it  will  be  utterly  impossible  to  prove 
corruption,  or  briber}',  or  intcresteil  motives,  or 
partialities  against  them ;  nay,  sir,  no  doubt  it 
will  be  dangerous  to  .suspect  such  honorable 
men ;  wc  shall  be  replied  to  at  once  by  the  in- 
dignant question,  "are  they  not  all  honorable 
men?"  But  to  all  intents  and  purposes  this 
tribunal  will  be  an  ex  pcnte,  a  one-sided  tribu- 
nal and  passive  to  the  action  of  the  claimants. 


,\gaiii,  look  at  the  species  of  evidence  which 
w  ill  he  invited  to  appear  before  the c  (•oiiunis. 
sioiiers;  of  what  de-icription  will  it  he?  Horo 
is  not  a  thing  recent  and  fresh  upon  which  i  vi- 
deuce,  may  be  gniue<l.  Here  are  transact iiiii>;  of 
thiity  or  forty  years  ago.  The  evidence  is  gnne 
witnesses  dead,  memories  failing,  no  testimony 
lo  lie  procuretl,  and  no  lack  of  claimants,  not  with, 
stamling.  Then,  sir,  the  next  In-st  evidence 
that  suspicious  and  worthless  sort  of  evidenco 
will  liave  to  be  nstored  to ;  and  this  will  b« 
ivatly  at  hand  to  suit  every  convenience  in  any 
ipiautity.  There  could  not  be  a  more  ed'ectivc 
and  deeper  phu^  than  this  devised  to  empty  the 
treasury  !  Mere  will  be  sixty  millions  i  xliiliit- 
ed  as  a  lure  for  false  evidence,  and  false  clainm; 
an  awful,  a  tremendous  temptation  for  men  to 
send  their  .souls  to  hell  for  the  sake  of  money. 
On  the  behalf  of  the  moral  interests  of  my  coun- 
try, while  it  may  yet  not  be  too  late,  1  denounce 
this  bill,  and  warn  Congress  not  to  lend  itself  to 
a  measure  by  which  it  will  debauch  the  public 
morals,  and  oinii  a  wide  gulf  of  wrong-doing 
and  not-to-be-imagined  evil ! 

The  bill  proposes  the  amount  of  only  five 
millions,  while,  by  the  l(M)sene8s  of  its  wordiiifr, 
it  will  admit  old  claims  of  all  sorts  and  diilenni 
natures ;  claims  long  since  abaiKloned  for  gnu^s 
sums  ;  all  will  come  in  by  this  bill  !  (!,ie  hun- 
dred millions  of  dollars  will  not  pay  all  timt 
will  be  patched  up  under  the  cover  of  this  bill! 
In  bills  of  this  description  we  may  see  a  covert 
attempt  to  renew  the  public  debt,  to  make  loims 
and  taxes  necessary,  and  the  engine  of  lonii.s 
necessary  with  them !  There  are  those  who 
would  gladlj'  overwhelm  the  countiy  in  ddit ; 
that  corporations  might  be  maintained  wliiili 
thrive  by  debt,  and  make  their  profits  out  of  the 
misery  and  encumbrances  of  the  jieople.  Shall 
the  people  be  denied  the  le.-ist  repose  from  ta.\- 
ation  ?  Shall  all  the  labor  and  exertions  of  jiov- 
ernment  to  extinguish  the  jmhlic  debt  be  in 
vain  ?  Shall  its  great  exertions  to  establish 
economy  in  the  State,  and  do  away  with  a  sys- 
tem of  loans  and  extravagance,  be  thwartcii 
and  resisted  by  bills  of  this  '.nnidious  aim  and 
character  ?  Sh.all  the  peopie  be  prevented  frmu 
feeling  in  reality  that  we  have  no  debt :  shnll 
they  only  know  it  by  dinners  and  public  rijoic- 
ings  ?  Shall  such  a  happy  and  benelicial  result 
of  wise  and  wholesome  measures  be  renderod  ill 
in  vain  by  envious  efforts  to  destroy  the  whole, 


1? 


ANNO  ma.     XNDllKW  .IACK80N,  l'm>*Il)KNT. 


021 


u-  iiyvcw^  <»f  I'vitU'iice  wliicli 
„,,,H.|ir  I'll'oir  tlu-o«-(.iimiis- 
IcM-riittion  will  it  »«•  ?  More 
lit  niul  fiT-h  nium  wliirli  t  vi- 
umI.  lloro  are  tnuiHrnliniis  of 
in»aiio.  Tlu't-viiU'iiri-istiniu., 
lOtnorios  fniVniK,  no  tv^timoiiy 
1  no  lack  of  •■lai"""'^''.  ""'^*'"'- 

sir,  tlio  ni'Xt  In'st  I'vidoiico, 
1(1  wortliU'SK  Boi-t  of  ••vi.Kiice, 
rri8tore<Uo ;  nn<l  »'»'"  «'"  ''« 

Huit  every  couvenii'i'^'i'  i»  any 

could  not  be  a  nx'vc  elTcTtivc 
thnn  this  «U>vise<l  (<•  eini.ty  (he 

will  l)e  sixty  iuiUi<'"«  i  xliil.it- 
also  evideiiw,  and  fiilne  cliiiniR; 
ond.nis  temptation  f-r  iihmi  to 
to  hell  for  the  Bn1<e  of  nioiicy. 
the  moral  interests  of  my  coun- 
y  yot  not  be  too  late,  I  demniiiw 
rn  Conpress  not  to  lend  itself  to 
vhieh  it  will  dehanch  the  imlilic 
vn  a  wide  pnlf  of  wroni^-doiiv- 
[iiapined  evil ! 
,,,„ses  the  amount  of  only  five 

hy  the  UwseneBS  of  ita  wonliui:. 
dclaimHofallsortaauddiilVmu 
s  Ion"  since  abandoned  for  J<;l•(l^^ 

come  in  by  this  bill !    r-..e  h.in- 

i,f  dollars  will  not  ray  nil  tbt 

up  under  the  eover  of  this  bill! 

description  we  may  see  a  covoit 
.-w  the  public  debt,  to  make  loiui^ 

fossarv,  and  the  enpiu'"  «'f  loans 

|,   tlu'm!     There  are  Iho^e  wlw 

Lverwhelm  the  c.mntry  in  .Ul.t ; 

.ns  miRht  be  maintained  wln.h 

and  make  their  profits  out  ..f  the 

.umbranees  ..f  the  pe.-ple.  Shall 
Lnied  the  least  repose  from  tax- 
111  the  labor  and  exertions  of  g-.v- 
ctin-uish  the  public  debt  bo  m 
its  tireat  exertions  to  establish 
■  State,  and  do  away  with  a  sy^- 
and  extravagance,  be  ihwartc. 
hills  of  this  -.uMdious  iuiu  and 
nail  the  peor-.e  be  prevented  fi-nm 
tythat  we  have  no  d..bt:  shall 

Iv  it  by  dinners  and  public  njoic- 
nch  a  happy  and  beneficial  rcsut 

Llcsomc  measures  UM-endcrod  11 

ions  efforts  to  destroy  the  whole, 


niid  render  it  impossible  for  the  country  to  ^'o 
oil  without  borrowing  and  bein^  in  debt  ?" 

The  bill  passed  the  Senate  by  a  vote  of 'jr*  to 
'jO;  but  failed  in  the  House  of  Representatives. 
U  still  continues  to  importune  the  two  Houses  ; 
Hiid  though  batlled  for  fifty  years,  in  ns  perti- 
nacious as  ever.    Surely  there  oM^'llt  to  be  some 
limil  to  these  presentations  of  the  same  claim. 
It  is  a  (Tame  in  which  the  povernment  has  no 
chniuv.     No  number  of  rejections  decides  any 
thini;  in  favor  of  the  povernment ;  a  sinple  de- 
cisiim  in  their  favor  dwides  all   apainst  them, 
llciiewed  applications    Im-couio  incessant,  and 
endless ;  and  eventually  nnist  succeed.     Claims 
hccoine  stronper  upon  ape— pain  double  strenpth 
j,|,„„  lime— often  directly,  by  newly  tliscovered 
evidence— always  indirectly,  by  the  loss  of  od- 
v.isary  evidence,  and  by  the  death  of  conte  n- 
ixniuits.    Two  remedies  are  in  the  hands  of 
Cdnprcss— one,  to  break  up  claim  apencies,  by 
alldwinp  no  claim  to  be  paid  to  an  apcnt ;  the 
other,  to  break  up  siR-cuhitinp  aHsipinnents,  by 
ailow'inp  no  more  to  be  received  by  an  assipnee 
tlmn  he  has  actually  pai<l  for  the  claim.    As- 
sii;iKCS  and  apents  are  now  the  preat  prosecutors 
„r  claims  apainst  the  government.    They  con- 
Btituto  a  profession— a  new  one— resident  at 
Wushinpton  city.    Their  callinp  has  become  a 
new  inthistrial  p.irsuit— and  a  most  industrious 
jnc-skilful  and  iwrscverinp,  actinp  on  system 
and  in  phalanx  ;  and  entirely  an  overmatch  for 
the  succession  of  new  memliers  who  come  ip- 
noiantly  to  the  consideration  of  the  cases  whi(!h 
they  have  so  well  dressed  up.     It  would  be  to 
the  honor  of  Conpress,  and  the  protection  of 
the  treasury,  to  institute  a  searchinp  examina- 
tion into  the  practices  of  these  apents,  to  see 
whether  any  undue  means  aro  used  to  jjrocure 
the  legislation  they  desire. 


C II  ATT  Ell    CXXI. 

ATTEMl'TED  ASSASSINATION  OF  PUKSIDENT  JACK 
SON. 


On  Friday,  the  30th  of  January,  the  Tresident 
with  some  members  of  his  Cabinet,  attended  the 
funeral  ceremonies  of  Warren  11.  Davis,  Esq.,  in 
the  hall  of  the  House  of  Representatives— of 


which  body  Mr.  Davis  hail  been  a  number  from 
(he  State  of  South  Carolina.     The  procession 
had  moved  out  with  (he  body,  and  i(s  fimit  had 
reached  the  foot  of  the  broad  steps  of  I  he  eastern 
portico,  when  the   I'resid»>nt,  with   Mr.  Wood- 
bury, Secretary  of  the  Treasury,  and  Mr.  Miihlon 
Dickersou.  Secretary  of  the  Navy,  were  issuing 
from   tho  «loor  of  the  preat   rotunda— which 
opens  upon  the  portico.     At  that  instant  a  per- 
son stepped  fron>  the  crowd  into  the  little  open 
space  in  front  of  the  Trisident.  levelled  a  pisttd 
at  him.  at  the  <listance  of  about  eipht  feet,  and 
attempted  to  fire.     It  was  a  percussion  lock, 
and  the  cap  exploded,  without  firiup  the  powder 
in  the  barrel.     The  explosiim  of  the  cap  was  so 
loud  that  many  persons  thoupht  the  pistol  had 
fired  :  I  heard  it  at  the  foot  of  the  steps,  far 
froni  the  place,  and  a  preat  crowd  kaween.     In- 
s(an(ly  the   person  tiropped  the  pistol  which 
had  missed  lire,  took  another  which  he  held 
reatly  cocked  in  the  left  hand,  concealed  by  a 
cloak— levelled  it— and  pulled  the  tripper.     It 
was  also  a  percussion  lock,  and  the  cap  exploded 
without  llrinp  the  port-tier  in  the  barrel.     Tho 
President  instantly  rushed  upon  him  with  his 
uplifted  cane :  the  man  shrunk  back  ;  Mr.  Wood- 
bury aimed  a  blow  at  him  ;  f/ieutenaut  (Jeduey 
of  the  Navy  knocked  him  down  ;  he  was  secured 
by  the  bystanders,  who  delivered  bun  to  the 
oflicers  of  justice  for  judicial  examination.     The 
examination  took  place  before  the  chief  justice 
of  the  district,  Mr.  Cranch;  by  whom  he  was 
committed  in  <lefault  of  bail.     His  name  wiw 
ascertained  to  be  Richard  Lawrence,  an  Eiiplish- 
man  by  birth,  and  house-painter  by  trade,  at 
present   out  of  employment,    melancholy  and 
irascible.    The  pistols  were  examined,  and  foimd 
to  be  well  loaded  ;  and  fired  afterwards  without 
f  lil,  carryiiip  their  bullets  true,  and  driviup  thera 
throuph  inch  boards  at  thirty  feet  distance; 
nor  couM  any  reason  lie  found  for  the  two  fail- 
ures at  the  door  of  the  rotunda.     On  his  ex- 
amination the  prisoner  .seemed  to  be  at  his  ease, 
as   if  unconscious  of  having  done  any  thing 
wrong — refusing  to  cross-examine  the  witnes.ses 
who  testified  ap-amst  Irim,  or  to  pive  any  ex- 
planation of  his  conduct.     The  iflca  of  an  un- 
sound mind  strongly  impressing  itself  upon  tho 
public  opinion,  the  marshal  of  the  dislrict  in- 
'  vited  two  of  the  most  respectable  physician  ■;  of 
'  the  city  (Dr.  Caussin  and  Dr.  Thomas  Sewell), 
I  to  visit  Wm  and  examine  into  his  mental  con- 


TIIIRTY  YKARH'  VIKW. 


I'       ■!: 


m 


.!!i'r  i 


/M 


n- 


1-- f  M-  iP- 


J? 


dition.     Tiioy  did  ro  :  nnd  tlio  n>ll()wiii(;  is  the 
report  whicit  tlicy  madu  upon  tlie  cuvu  : 

"Till'  iindorHicnivl,  linviiig  Wen  t-(>(|iirHt('d  liy 
tho  iiiiirsliul  of  tlio  Distriot  of  Coliinihia  to  vIniI 
IticliunI  l.iiwi'eiKT,  now  coiitincd  in  tlio  juil  of 
till'  county  of  Wii'^liin^ton,  for  an  atlonipt  to 
HiHaHsinato  tlio  I'rpnidfnt  of  tlio  United  StiitcH, 
witli  a  vii'w  to  nwvrtuin,  lis  fur  mh  prnotirulilo, 
the  prcmnt  c-ondition  of  liiH  bodily  licultl.  iintl 
Btati)  of  ininil,  and  lidii-vinj;  thitl  a  detail  of  tlie 
cxatuination  will  Im>  nioiv  satixfaclnry  than  an 
nhstract  opinion  on  tlic  suhjert,  wo  thoroforo 
pivi' the  folhiwinn  statement,  "n  enterinjj  his 
room,  we  enp;nned  in  a  free  conversation  with 
him,  in  which  he  participated,  apparently,  in  the 
most  arllesH  and  unreserved  niaiiner.  i'he  first 
interropitory  propoun<led  was  as  to  Ids  a^e — 
which  (piesthm  alone  he  Kportively  declinod  an- 
Hwerinp.  Wo  then  inquireil  into  the  condition 
of  his  health,  for  several  years  past — to  which 
he  replied  that  it  had  liecn  uniformly  pxid,  and 
that  he  had  never  lahoivd  under  any  mental 
deranp'iiient ;  nor  ilid  he  achnit  the  existence 
of  any  of  those  Hymptonm  of  pliysical  derange- 
ment wliicli  usually  attend  mental  alienation. 
He  said  he  was  horn  in  Kn^Iaml,  and  came  to 
this  country  when  twelve  or  thirteen  years  of 
ape,  and  that  liis  father  died  in  tliis  Di'^tiict, 
about  six  or  eipht  }ear8  since;  that  his  father 
was  a  Protestant  and  his  mother  a  Methodist, 
nnd  that  he  was  not  a  professor  of  any  religion, 
hut  sometimcH  read  the  Uilile,  and  occasional- 
ly attended  church.  Ho  stated  that  he  was  a 
painter  l)y  trade,  and  )iad  followed  that  owupa- 
tion  to  tlio  presont  time  ;  hut.  of  late,  could  not 
lind  steady  employment — which  had  caused 
much  pecuniary  emharrassment  with  him  ;  that 
ho  had  heen  generally  temperate  in  his  hahits. 
xising  ardent  spirits  mcMlcratoly  when  at  work  ; 
but,  for  the  last  three  or  four  weeks,  had  not 
taken  any  ;  that  ho  had  never  ;j;ambIod,  and,  in 
other  ros|K'ct.s,  had  led  a  regular,  sober  life. 

"  Upon  being  intorrogato<l  as  to  tho  ciirum- 
stances  connected  with  the  attempted  assassina- 
tion, he  .said  that  he  had  boon  deliberating  on 
it  fur  Bomo  time  uast,  and  that  he  had  called  at 
the  President's  house  al-oiit  a  week  previous 
to  the  attempt,  and  being  conducted  to  the 
I'rcsident's  apartment  by  the  porter,  found  him 
in  conversation  with  a  member  of  Congress, 
whom  ho  belioved  to  have  been  Mr.  Sutherland, 
of  Pennsylvania ;  that  he  stated  to  tho  Presi- 
dent that  ho  wanted  money  to  take  him  to  Eng- 
land, and  that  ho  must  give  him  a  chwk  on  tho 
bonk,  and  tho  President  remarked,  that  ho  was 
too  nmch  engaged  to  attend  to  him — he  must 
call  another  time,  for  iMr.  Dibble  was  in  waiting 
for  an  interview.  When  asked  about  the  pis- 
tols which  ho  had  used,  he  stated  that  his  fatlier 
left  him  a  pair,  but  not  being  alike,  about  four 
years  since  he  exchanged  one  for  another,  which 
exactly  matched  tho  best  of  the  pair ;  these 
were  ooth  flint  locks,  which  he  recently  had 
altered  to  percussion  locks,  by  a  Mr.  Boteler ; 


that  hu   hud  la'cn  freiiuvntly  in   the  habit  of 
loading  and  firing  those  |iisto|s  at  marks,  uiiil 
that  he  had  never  known  them  to  fail  going dff 
on  any  other  iN-ca>ion,  and  that,  at  thedistuiui* 
often  yards,  the  ball  always  pasiwl  thron^l)  im 
inch  plank,     lie  also  staled  that  ho  had  loailid 
those  pistols  tliivc  or  four  dayH  previous   with 
onlinary  care,  for  the  purpose  attempted;  hut 
that  he  used  a  |H<ncil  instead  of  a  ramrod,  uii,| 
that  during  that  iieriod,  they  wen-  at  all  tiiiuit 
carried   in  his  pocket ;   and  whin   asked  why 
they  failed  to  ex|)lode,  he   replied  he  knew  im 
cause.     When  asked  why  he  went  to  the  capildj 
on  that  day,  he  reiilied   that  he  expected  llmt 
the  President  woiil''  be  there.     He  also  stntcil, 
that  he  was  in  the  rotunda  when  the  PrcsiiKnt 
arrived;  nnd  on  being  asked  why  ho  ilid  iidt 
then  attempt  to  shoot  him,  ho  replied  that  hu 
«hd  not  wish  to  interfere  with  the  fuiierid  orc- 
mony,  and  therefore  waited  till  it  was  over.    ||i> 
also  observed  that   he  did  not  enter  the  ImJI, 
but  looked  through  a  window  from  a  lobby. anfj 
saw  the  Pivsideiit  sealed  with  members  o|'(.'„i|. 
gross,  and  he  then  returned  to  the  rotunda, iiini 
waited  till  the   President  again  entered  it,  iiml 
then  passed  through  and  took  his  position  in 
the  east  portico,  about  two  yaiflsfrom  the  door, 
drew  his  pistols  from   his    inside  coat  pocki'i 
cocketl  them  nnd  held  one  in  each  hand,  cdii- 
cealed  by  his  coat,  lest  he    should    alarm   tlic 
spectators — and  states,  that  as  soon  as  the  oin,. 
in  tho  right  hand  missed  fire,  he   iiiimediatdy 
dropped  or  exchanged  it,  and  attempted  to  lire 
the   ,«ocond,  before   he  was  seized ;  he  fiirtlur 
stated  that  he  aimed  each  pistol  at  ihe  I'loi- 
dent's  heart,  nnd  intended,  if  the  lirst  pistol  liml 
gone  oir,  and  tho  president  had  lallen,  to  Imu 
defended  himself  with  the  second,  if  defence  kil 
been  necessary.     On  being  asked  if  he  diil  not 
expect  to  have  been  killed  on  the  spot,  if  lielmd 
killed  the  President,  he  replied  he  did  not ;  iiiiii 
that  he  had  no  doubt  but  that  he  would  have 
been  protected  by  tho  spectators.     He  was  I'lc- 
quently  (piegtione<l  whether  ho  had  any  friimls 
present,  from  whom  he  e:q)ected  proti'ctioii.  Tu 
this  ho  replied,  that  he  never  had  mentioiu'ii  \m 
intention  to  anyone, and  that  no  one  in  ]iaiticu- 
lar  knew  his  design;  but  that  he  pre.sniiHii  it 
was  generally  known  that  he  intended  to  put 
tho  Presidentoutof  tho  way.  Ho  further  statid, 
that  when  tho  I'resident  arrived  at  the  (l(.or, 
near  which  ho  stood,  finding  him  supported  on 
tlio  left  by  Mr.  Woodbury,  and  obscTving  many 
persons  in  his  rear,  and  being  himself  rather  to 
tho  right  of  the  President,  in  order  to  avoid 
wounding  Mr.  Woodburj',  and  those  in  the  rear, 
he  stepiHjd  a  little  to  his   own  right,  so  that 
should  the  ball  pass  through  tho  body  of  the 
President,   it  would  be  received  by  the  door- 
frame, or  stone  wall.     On  being  aske<l  if  he  filt 
no  trepidation  during  the  attempt :  Ho  replird, 
not  the  slightest,  until  ho  found  that  the  sccund 
pistol  had  missed  fire.    Then  observing  that  the 
President  was  advancing  upon  him,  with  nn  up- 
lifted cane,  he  feared  that  it  contained  a  swurd, 


'V-:<X 


m 


•Jll 


firtHictitly  in  Uu'  liu^>lt  of 
those  iiislnlH  lit  iniviks,  uml 
known  tlitMn  to  I'nil  goiiinoff 
-ion,  iukI  tliftt,  at  the  (lislumi- 
nil  tilways  jiimwd  thnmuli  iin 
Iho  Htt»l*'<l  tliat  he  hml  huulnl 
.  or  four  »Iu)H  jiriviouH  willi 
tlu'  |)m|)oHi'  utttinptiMl ;  but 
icil  inHti'iiil  of  II  ruinroil,  mill 
Hfiiod,  thi-y  wt'if  ut  nil  tiiim* 
ikef,   und  whiii   u.sknl  wliy 
ilode.  Ill'   iTplifil  hv  kiu-w  no 
oil  wlw  he  wi-nl  to  the  eiipilol 
L-pliiMr  that  he  exjieeteil  llmt 
111-'  he  there.     He  iilno  htiite.i, 
I.  rotiiniiii  when  the  rrexiiliiii 
heiug  uxked  why  he  did  not 
Kliool  hhn,  he  rei>lied  that  lie 
(terfere  with  the  fiinend  nrr- 
)ie  waited  till  it  was  over,    llr 
„t   he  did  not  enter  tln'  liiill, 
irh  a  window  from  ft  lohhv.iiuil 
t  Kealedwith  nieniherw  of  Con- 
n  returned  to  llie  rotunda, mid 
•rewident  nuain  entered  it,  luui 
jn^h  and  took  his  posilion  in 
nhoul  two  yards  from  the  iloor, 
I  from  hiH    ii\side  eoat  iHiikot, 
d  held  one  in  each  hand,  cmi- 
,at   lest  lie    nhoidd   alarm   l!u' 
slates,  that  as  soon  as  the  ouc 
ml  missed  tire,  he  inimeiliutilv 
laniied  it,  and  attempted  to  liir 
jre  he  was  seized  ;  he  liirtlicr 
dmed  eaeh  pistol  at  the  I'iim- 
l  intendeil,  if  the  lirst  pistol  Iwl 
c  president  had  fallen,  to  liiivi 
f  with  the  second,  if  ilefeiue  li;ul 
On  heinj?  asked  if  he  dul  not 
,een  killed  on  the  spot,  if  he  luul 
lent  he  replied  he  did  not ;  iiii'l 
ilouht  hut  that  he  would  liiivi 
»y  the  spectators.     He  was  In- 
rteil  whether  he  had  any  fniiMs 
Lm  he  expected  protection.  '!" 
hat  he  never  had  nieiitioiuMlliis 
one,  and  that  no  one  in  paiticu- 
siKH ;  but  that  he  presuiiicil  it 
nown  that  he  intended  to  luil 
It  of  the  way.  He  further  stiiliil, 
I»resident  arrived  at  the  door, 
tood,  findini,'  him  supported  on 
kVoodbury,  and  ohservniK  many 
ear.  and  »)eing  himself  rather  to 
le  President,  in  order  to  avoid 
oodburj',and  those  in  the  rear, 
ttle  to  his   own  ri^ht,  so  that 
pass  through  the  body  of  the 
onld  be  received  by  t''^',''";';; 
Iwall.     On  being  asked  if  he  felt 
uriuK  the  attempt :  He  replied. 
It  until  he  found  that  the  eecond 
[>d  lire.   Then  observing  that  the 
idvancing  upon  him,  with  an  up- 
feared  that  it  contained  a  sword. 


ANNO  lH:ifi.     ANDUKW  .lACKSo.S,  PKIISIDKNT. 


:.23 


wliiih  mij;ht  have  been  thrust  through  him  be- 
f,ii('  lii'iiiulil  liave  ht-eii  proteetcd  by  the  crowd. 
\t\>\  when  interrogalid  as  to  tlie  motive  which 
iiiiliici'd  him  to  attempt  tiie  assassinalion  of  the 
Pi'isideiit, h« replied,  that  he  had  Imcii  told  that 
till*  President  had  caused  his  loss  of  occii|>ation, 
Hiiil  the  consequent  want  of  money,  and  he  be- 
liuved  that  to  put  him  out  of  the  way,  was  the 
(iiiiy  remedy  for  this  evil ;  but  to  the  interroga- 
tory, who  told  you  this  ?  he  could  not  identify 
any  one,  but  remarked  that  his  brother-in-law, 
Ml.  Itedfern,  told  him  that  he  would  have  no 
more  hiisiness,  liecaiise  he  was  opfMised  to  the 
I'ri-iilent — and  he  believed  Uedfern  to  be  in 
league  with  the  I'ri'sident  against  him.  Again 
Iwiiig  (lutslioned,  whether  he  had  often  utteiided 
the  ilehates  in  Congress,  during  the  present 
session,  and  whether  they  had  inlluenced  him 
in  making  this  attack  on  the  jH-rson  of  the  I're- 
Milent,  he  replied  that  he  had  frequently  attend- 
ed the  discussions  in  both  branches  of  Coii- 
!;rcss,  hut  that  they  had,  in  no  degree,  influenced 
iIr  action. 

'•  I'pon  being  asked  if  ho  expected  to  become 
the  prisident  of  the  United  States,  if  (len.  Jack- 
8on  liivl  fallen,  he  replied  no. 

'•  When  asked  whom  he  wished  to  be  tlie  Pre- 
siilent.  his  answer  was,  then?  were  many  persons 
in  the  House  of  llepresentatives.  <  )n  being  asked 
if  there  were  no  persons  in  the  Senate,  yes,  se- 
veral ;  and  it  wius  the  Senate  to  which  I  alluded. 
AVho,  in  your  opinion,  of  the  Senate,  would 
make  a  good  President?  He  answered,  Mr. 
I'lay.  Mr.  Webster,  Mr.  Calhoun.  What  tin 
voii  think  of  Col.  Henton,  Mr.  Van  Ituren.  or 
.liidire  White,  for  President  ?  He  thought  they 
would  do  well.  On  being  asked  if  he  knew 
nnv  ineiiilier  of  either  house  of  Congress,  he  re- 
jdied  that  he  did  not — anil  never  spoke  to  one 
in  his  life,  or  they  to  him.  On  being  asked  what 
Innefit  he  expected  liimself  from  the  deatli  of 
the  President,  he  answered  he  could  not  rise 
unless  the  President  fell,  and  that  he  expected 
thereby  to  recover  his  liberty,  and  that  the 
mechanics  would  all  Ik;  benefited  ;  that  the  me- 
chanics would  have  plenty  of  work  ;  and  that 
money  would  f)c  more  plenty.  On  being  asked 
why  it  would  bo  more  plentj-j  he  replied,  it 
would  1)0  more  easily  obtained  from  the  bank. 
On  l)eing  asktxl  what  bank,  he  replied,  the  Bank 
of  the  United  States.  On  being  asked  if  he 
knew  the  president,  directors,  or  any  of  the  ofll- 
ccrs  of  the  bank,  or  had  ever  held  any  inter- 
course with  them,  or  knew  how  ho  could  got 
money  out  of  the  bank,  he  replied  no — that  ho 
pliglitly  knew  Mr.  Smith  only. 

"^Oii  iR'ing  asked  with  respect  to  the  speeches 
which  he  had  heard  in  Congress,  and  wliether 
lie  was  particularly  pleased  with  those  of  Messrs. 
Calhoun,  Clay,  and  Webster,  he  replied  that  he 
wan,  because  they  were  on  ti'  dde.  He  was 
then  asked  if  he  was  well  pleased  with  the 
8i)eechcs  of  Col.  Benton  and  .Iiidge  White  ?  He 
said  he  was,  and  thought  Col.  Benton  highly 
talented. 


"When  nsked  If  ho  ww  fHemlty  to  (lun. 
Jackson,  he  replied,  no.  Why  not  1  He  an- 
swered, because  he  was  a  tyrant.  Who  told 
you  he  was  a  tyrant  7  He  answered,  it  was  n 
eoinnion  talk  with  the  |H-opli>,  and  llial  he  had 
read  it  in  all  the  pa|N'rs,  He  was  ar^kid  if  he 
could  name  any  one  who  had  told  him  s<>  /  He 
replied,  no.  Hi^  was  nsked  if  he  ever  thiealeiieil 
to  shoot  Mr.  (May,  Mr.  Webster,  or  Mr.  Calhoun, 
or  whether  he  would  shoot  them  if  he  had  an 
op|H)rtunily  ?  He  replied,  no.  When  a^kcd  if 
he  would  MhiHit  Mr,  Van  Ituren?  He  npiieil, 
no,  that  he  once  met  with  Mr,  Van  Ituren  in 
the  rotunda,  and  told  him  he  was  in  want  of 
money  and  must  have  it,  and  if  he  did  not  get 
it  he  (Mr.  Van  Biiren),  or  tJen,  .lacksoii  must 
fall.  He  was  asked  if  any  person  were  present 
during  the  eonversation  ?  He  replied,  that 
there  were  sevenil  present,  and  when  asked  if  he 
recollected  one  of  them,  he  leplied  that  he  did 
not.  When  asked  if  any  one  udvii-ed  him  to 
shoot  (Sen.  •fiu-kson,  or  say  that  it  ought  to  l>e 
done?  He  replied,  I  <lo  not  like  to  say.  On 
being  pres.sed  on  this  point,  he  said  no  one  in 
particular  litui  advised  him. 

"  He  further  stated,  that  believing  the  Presi- 
dent to  bo  the  source  of  all  hi.s  diliieiillie<,  hi! 
was  still  tlxed  in  his  piirpoHc  to  kill  him.  and  if 
his  succcessor  pursued  the  same  course,  to  put 
him  out  of  the  way  also — and  deelan-d  that  no 
(lower  in  this  country  could  piini.^h  liiiii  for 
liaviiig  «lone  so,  because  it  would  be  resi>liil  l>y 
the  iMiwersof  Kurope,  as  wellasof  thiscciinti y. 
He  also  stated,  that  he  hail  Is-en  long  in  coiri- 
s|M)nileiice  with  the  powers  of  Kurope,  and  that 
his  family  had  been  wrongfully  <leprivei|  of  the 
crown  of  Kngland,  and  that  //''  should  yi  I  live 
to  regain  it — and  that  he  considered  the  Presi- 
dent of  the  United  States  nothing  more  than 
his  clerk. 

'•  We  now  think  pro|R'r  to  add,  that  the  young 
man  apjiears  perfectly  trani|uil  and  unconeeriied, 
as  to  (he  final  result,  and  seems  to  anticipate  no 
punishment  for  what  he  has  done.  The  above 
nintains  the  leading,  and  literally  expressed 
facts  of  the  whole  conversation  we  had  v  ith 
him,  which  continued  at  least  two  hours.  The 
questions  were  freiiuently  repeated  at  dillerent 
stages  of  the  examination ;  and  presented  in 
various  forms." 

Tt  is  clearly  to  be  seen  from  this  medical  ex- 
nination  of  the  man,  that  this  attempted 
assa.ssination  of  the  President,  was  one  of  those 
cases  of  which  history  presents  many  instances 
— a  disea.sed  mind  acted  upcm  by  a  general  outcry 
against  a  public  man.  Lawrence  was  in  the 
particular  condition  to  be  acted  upon  by  what 
he  heard  against  fJenerai  Jackson: — a  work- 
man out  of  employment — needy — idle — men- 
tally morbid ;  and  with  reason  enough  to  argue 
regularly  from  false  premises.    lie  heard  the 


524 


THIRTY  YEARS'  VIEW. 


""■-HP 


Prt'sidont  accused  of  breaking  up  the  labor  of  the 
country !  and  believed  it — of  making  money 
scarce !  and  he  believed  it— of  producing  the 
distress!  and  believed  it — oF  being  a  tyrant! 
and  believed  it — of  being  an  obstacle  to  all  re- 
lief !  and  l)elicved  it.  And  coming  to  a  regular 
conclusion  fron\  all  these  beliefs,  he  attempted 
to  do  what  he  believed  thr  state  of  things  re- 
quired him  to  do — take  the  life  of  the  man 
whom  he  considered  the  ol'-  jause  of  his  own 
and  the  general  calamity — and  the  sole  obstacle 
to  his  own  and  the  genci-al  happiness.  Halluci- 
nation of  mind  was  evident ;  and  the  wretched 
victim  of  a  dreadful  delusion  was  afterwards 
treated  as  insane,  and  r:vcr  brought  to  trial. 
But  the  circumstance  made  a  deep  impression 
upon  the  ptibllc  feeling,  and  irresistibly  carried 
many  minds  to  the  belief  in  a  superintending 
Providence,  manifested  in  the  extraordinary  case 
of  two  pistols  in  succession — so  well  loaded,  so 
coolly  handled,  and  which  afterwards  fired  with 
such  readiness,  force,  and  precision — missing 
fire,  each  in  its  turn,  when  levelled  eight  feet  at 
thr-  President's  heart 


CHAPTEIl  CXXII. 

ALABAMA  EXPUNGING    1JF.S0LUTI0N3. 

Mr.  King,  of  Alabama,  presented  the  preamble 
and  joint  resolution  of  the  general  assembly  of 
his  State,  entreating  their  senators  in  Congress 
to  use  their  "  untiring  efforts  "  to  cause  to  be 
expunged  from  the  journal  of  the  Senate,  the 
resolve  cond'-mnatory  of  President  Jackson,  for 
the  removal  of  the  deposits.  Mr.  Olay  desired 
to  know,  before  any  order  wis  taken  on  these 
resolutions,  whether  the  senator  presenti"[» 
ther..  proposal  to  make  any  motion  in  relation 
to  expun;;;ing  ihc  journal  ?  Thi^  inquiry  was 
made  in  a  way  to  show  that  Mr.  King  was  to 
meet  revistance  to  his  motion  if  he  attempted  it. 
The  expunging  process  was  extri'mely  distaste- 
ful to  Jhe  senators  whose  ati  »va8  proposed  tc 
be  stij^inatizcJ ; — and  they  now  began  to  be 
sensitive  at  its  mention. — When  Mr.  Benton 
first  gave  notice  of  his  intention  to  move  it,  his 
notice  was  looked  upon  as  an  idle  menace,  which 
woui  '  cuu  iu  nothing.    Now  it  was  becoming  a 


serious  proceedinpr.  The  States  were  taking  It 
up.  Several  of  them,  t:  trough  their  legislatures 
—  Alab;miii,  Mississippi,  New  Jersey,  New-York. 
North  Carolina — had  already  given  the  fatal  in- 
structions ;  and  it  was  certain  that  more  would 
follow.  Those  of  Alabama  were  the  first  pa'- 
scnted ;  and  it  was  felt  necessary  to  make  liead 
against  them  from  the  beginning.  Hence,  the  inter- 
rogatory put  by  Mr.  Clay  to  Mr.  King — the  iiuiui- 
ry  whether  he  intended  to  move  an  expunfring 
resolution  ? — and  the  subsequent  motion  to  lay 
the  resolutions  of  the  State  upon  the  table  if  ho 
answered  negatively.  Now  it  was  not  the  in- 
tention of  Mr.  King  to  move  the  expunirinfr  re- 
solution. It  was  not  his  desire  to  take  that  bu- 
siness out  of  the  hands  of  Jlr.  Benton,  who  haj 
conceived  it — made  a  speech  for  it — given  notice 
of  it  at  the  last  .session  as  a  measure  for  the  pre- 
sent one — and  had  actually  given  notice  at  the 
present  session  of  his  intension  to  od'er  the  re- 
solution. Mr.  King's  answer  would  necessarily, 
therefore,  be  in  the  negative,  and  Mr.  Clay's 
motion  then  became  regular  to  lay  it  ujion  tlic 
table.  Mr.  Benton,  therefore,  felt  himself  ciilled 
upon  to  answer  Mr.  Clay,  and  to  recall  to  the 
recollection  of  the  Senate  what  took  jjlace  at 
the  tim<>  the  sentence  of  condemnation  had 
passed  ;  and  rose  and  said : 

"  He  had  then  (v.t  the  time  of  passing  ihe 
condemnatory  resolution),  in  his  place,  given  im- 
mediate notice  that  he  .should  commence  a  series 
of  motions  for  the  purpose  of  expunj;itig  the 
resolutions  from  the  journals.  He  had  tlien 
made  use  of  the  word  expunge,  in  contradistinc- 
tion to  the  word  repeal,  or  the  word  reverse, 
beoiuise  it  was  his  opinion  then,  and  that  ojiinion 
had  been  confirmed  by  all  his  subsequent  nilic 
ticm.  that  reiieal  or  reversal  of  the  resolutidn 
would  not  do  adecjuate  justice.  To  do  that 
would  require  a  complete  expurgation  of  the 
journal.  It  would  require  that  process  which 
is  denominated  expunging,  by  which,  to  tl.  ;>rc- 
.sent,  and  to  all  future  times,  it  would  be  indi- 
cated that  that  had  Iteen  placed  u])on  the  jour- 
nals which  should  never  have  gone  there.  He 
had  given  that  notice,  after  serious  rellection, 
that  it  might  be  seen  that  the  Senate  was 
trampling  the  constitution  of  the  United  Stiites 
under  loot ;  and  not  only  that,  but  also  the  very 
forms,  to  s:iy  nothing  of  the  substance,  of  all 
criminal  justice. 

''He  had  given  this  notice  in  obedieiicv  to 
-<hc  dictates  of  his  bosnm,  which  were  .'(ftir- 
wanls  sustained  by  the  descision  of  his  liead, 
without  consultation  with  any  other  person,  Imt 
after  ("•mlrunce  oidy  with  himself  and  his  timL 
lo  a  single  human  being  he  had  said  that  he 


,.!!'  'it 


k 


ANNO  1835.    ANDREW  JACKSON,  PRESIDENT. 


525 


ift.    The  States  were  taking  it 
them,  t'irough  their  legislatures 
<isb;pi)i,  New  Jersey,  New-York, 
-had  already  given  the  fatal  in- 
it  was  certain  that  more  would 
if  Alabama  were  the  first  pro- 
as felt  necessary  to  make  \h:m\ 
n  the  beginning.  Hence,  the  inter- 
Mr.  Clay  to  Mr.  King— the  iu(iui- 
ntcnded  to  move  an  expuniring 
id  the  .subsequent  motion  to  lay 
of  the  State  upon  the  table  if  he 
;ively.    Now  it  wa-s  not  the  iii- 
King  to  move  the  expungin},'  re- 
as  not  his  desire  to  take  that  liu- 
le  iiands  of  Jlr.  Benton,  who  had 
lade  a  speech  for  it— given  notice 
;  session  as  a  measure  for  the  pie- 
had  actually  given  notice  at  tlie 
of  his  intension  to  oiler  the  re- 
King's  answer  would  necestiarily, 
1  the  negative,  and  Mr.  Clay's 
;came  regular  to  lay  it  upon  tlic 
iton,  therefore,  felt  himself  Ciillwl 
r  Mr.  Clay,  and  to  recall  to  tlic 
the  Senate  what  took  place  at 
sentence  of  condemnation  had 
se  and  ^-^aid : 

en  (r.t  the  time  of  passing  ;he 
lesoVuion),  in  his  place,  (:,iven  im- 
that  he  should  commence  a  series 
•  the  purpose  of  expunging  tlie 
>in  the  journals.  lie  had  then 
e  word  expunge,  in  contradistinc- 
rd  repeal,  or  the  word  reverse, 
liis  opinion  then,  and  that  opinion 
I  ined  bv  all  his  subsequent  nilec- 
•al  or  reversal  of  the  resolution 

adecjuate  justice.  To  »!o  tliat 
;  a  complete  expurgation  of  the 
rould  require  that  process^  wliidt 

expunging,  by  .vhioh.  to  tl.   ;>rc- 

futurc  times,  it  would  be  :n(!i. 

had  been  placed  uiwn  the  jonr- 
iuld  never  have  gone  there.  He 
t  notice,  after  serious  rellection. 

be  seen  that  the  Senate  was 
.•onstitution  of  the  United  States 
id  not  only  that,  but  also  the  very 
nothing  of  the  substance,  of  all 

e. 

iven  this  notice  in  obedioiiw  to 
,f  his  bosom,  which  were  aftif- 
'd  by  the  d-jscision  of  his  lieail, 
itation  with  any  other  person,  hut 
;e  only  with  himself  and  hi.s  tii«l. 
umau  being  be  had  said  that  w 


should  do  it,  but  he  had  not  consulted  with  any 
one.  In  the  ordinary  routine  of  business,  no 
one  was  more  ready  to  consult  with  his  friends, 
and  to  defer  to  their  opinions,  than  he  was ;  but 
there  were  Bomo  occasions  on  which  he  held 
roniicil  with  no  man,  but  took  his  own  course, 
without  regard  to  consequences.  It  would  have 
i-eeu  a  matter  of  entire  indifference  with  him,  had 
the  whole  Senate  risen  as  one  man,  and  declared 
a  (letermination  to  give  a  unanimous  vote  against 
liiiii.  It  would  have  mattered  nothing.  He 
would  not  have  deferred  to  any  human  being. 
Actuated  by  these  feelings  he  had  given  notice 
of  his  intention  in  the  month  of  May ;  and  in 
obedience  to  that  determination  he  had,  on  the 
la<t  day  of  the  session,  laid  his  resolution  on 
tlie  table,  in  order  to  keep  the  m!>,cter  alive. 

"This  brought  him  to  tiie  answer  to  the  ques- 
tion proposed.  The  presentiition  of  the  resolu- 
tions of  the  legislature  of  Alabama  afforded  a 
lit  and  proi)er  occasion  to  give  that  public  notice 
wiiicli  he  had  already  infonnally  and  privately 
given  to  many  members  of  tlie  Senate.  lie  had 
said  that  he  should  bring  forward  his  resolution 
at  tlie  earliest  convenient  time.  And  yesterday 
evening,  when  he  saw  the  attempt  which  was 
made  to  give  to  a  proceeding  emanating  from 
the  I'ost  Office  Committee,  and  to  which,  by 
tiie  unanimous  consent  of  that  committee,  a 
legid.itivc  direction  had  been  assigned,  a  new 
form,  by  one  of  the  senators  from  South  Caro- 
lina, so  as  to  make  it  a  proceeding  against  per- 
sons, in  contradistinction  to  the  public  matters 
eniliodied  in  the  report ;  when  he  heard  these 
|)ersous  asaailed  by  one  of  the  senatore  from 
Soutli  Carolina,  in  such  a  manner  as  to  prevent 
any  jKissibility  of  doubt  concerning  them  ;  and 
when  hediscovered  that  the  object  of  these  gentle 
men  was  impeachment  in  substance,  if  not  in  form, 
he  did  at  once  form  the  determination  to  give 
notice  this  morning  of  his  intention  to  move  his 
resohiiion  at  the  earliest  convenient  period. 

''  This  was  his  answer  to  the  question  which 
had  been  proposed. 

"  Mr.  King,  of  Alabama,  said  he  was  surjiriscd 
to  hear  the  question  of  the  honorable  senator 
from  Kentucky,  as  he  did  not  expect  such  an 
inquiry:  for  he  had  supposed  it  was  mcII  mider- 
stood  by  every  member  of  the  Senate  what  his 
sentiments  were  in  regard  to  the  right  of  in- 
t<truction.  The  legislature  of  Alabama  had  in- 
structed him  to  pursue  n  particular  course,  and 
he  should  obey  their  instructions.  With  regard 
to  the  resolution  to  which  the  legislature  all-  tied, 
he  could  merely  say  that  he  voted  against  it  at 
the  time  it  was  adopted  by  the  Senate.  His 
opinion  as  to  it  was  then,  as  well  as  now,  per- 
fectly understood.  If  the  gentleman  from 
Mi.<souri  [Mr.  Benton]  declined  bringing  the 
subject  forward  relative  to  the  propriety  of  ex- 
punging the  resolution  in  question  from  the 
journal  of  the  St.iatc,  lie,  himself  should,  at 
some  projier  time,  do  so,  at)d  also  .say  something 
on  the  great  and  imi)ortant  question  as  to  the 
right  of  instruction.    Now,  that  might  be  ad- 


mitted in  its  fu'ilest  extent.  IIt>  held  his  place 
there,  .subject  to  the  control  of  the  legislature 
of  Alabama,  and  whenever  their  instructions 
reached  him,  he  should  be  governed  by  them. 
He  made  this  statement  without  entering  into 
the  consideration  of  the  propriety  or  impropriety 
of  senators  exercising  their  own  judgment  as  to 
the  course  thev  deemed  most  pr()|)er  to  pursue. 
For  himself,  never  having  doubted  the  right  of 
a  legislature  to  instruct  their  senators  in  Con- 
gress, he  should  consider  himself  culpable  if  ho 
did  not  carry  their  wishes  into  effect,  when  pio- 
perly  expressed.  And  he  had  hoped  there  would 
have  been  no  <>xpression  of  the  Senate  at  this 
time,  as  he  was  not  disjwsed  to  enter  into  a  di.s- 
cussion  then,  for  particular  reasons,  wlii'li  it 
was  not  necessary  he  should  state. 

"  As  to  the  propriety  of  acting  on  the  sub- 
ject then,  that  would  depend  upon  the  opinions 
of  gentlemen  as  to  the  importance,  the  great  im- 
portance, of  having  the  journal  of  the  Senate 
freed  from  what  many  suppo.sed  to  Ix'  an  uncon- 
stitutional act  of  the  Senate,  although  the 
majority  of  it  thought  otherwise.  He  would 
now  say  that,  if  no  one  should  bring  forward  a 
proposition  to  get  the  resolution  expunged,  he, 
feeling  himself  bound  to  olwy  the  opinions  of 
the  legislature,  should  do  so,  and  would  vote  for 
it.  I  f  no  precedent  was  to  be  found  for  such 
an  act  of  the  Senate,  he  should  most  unhesita- 
tingly vote  for  expunging  the  resolution  from  the 
journal  of  the  Senate,  in  such  manner  as  should 
be  justified  by  precedent. 

'•  Mr.  Clay  said  the  honorable  member  from 
Alabama  had  risen  in  his  place,  and  presented 
to  the  Senate  two  resolutions,  adopted  by  the 
legislature  of  his  State,  instructing  him  and  his 
colleague  to  use  their  untiring  exertions  to  cau.se 
to  be  expunged  from  the  j<nirnals  of  the  Senate 
certain  resolutions  passed  during  the  last  se.s- 
sion  of  Congress,  on  the  subject  of  the  removal 
of  the  deposits  from  the  Bank  of  the  United 
States.  The  resolutions  of  Alabama  had  been 
Idesented ;  they  were  accompanied  by  no  mo- 
tion to  carry  the  intentions  of  that  State  into 
effect ;  nor  were  they  accompanied  by  any  inti- 
mation from  the  honoriible  senator,  who  pre- 
sented them,  of  his  intention  to  make  any  pro- 
position, in  relation  to  them,  to  the  Senate. 
Under  these  circumstances,  the  inquiry  was 
made  by  him  (Mr.  C.)  of  the  senator  from  Ala- 
bama, which  he  thought  the  occasion  ctdled  for. 
The  inquiry  was  a  very  natural  one,  and  he  had 
learned  with  unfeigned  surprise  that  the  senator 
did  not  expect  it.  He  would  now  say  to  the 
senator  from  Alabama,  that  of  him,  and  of  him 
ahme,  were  these  inquiries  nnule  ;  and  with  re- 
gard to  the  reply  made  by  another  senntur  (.Mr. 
Be.iton),  he  would  further  say,  that  his  relations 
to  him  were  not  such  as  to  enable  him  to  know 
what  were  that  senator's  intentions,  at  any  time, 
and  on  any  subject,  nor  was  it  necessary  ho 
should  know  them. 

"  He  had  nothing  further  to  .say,  than  to  ex- 
I)rc88  the  hope  that  the  senator  from  Alabama 


526 


TIITRTY  YEARS'  VIEW. 


I 


m  ' 


would,  for  tlio  prt'Hi'iit.  withdraw  the  resolu- 
tions lif  hud  presentee! ;  and  if.  after  he  had 
consulted  pncc'tlents,  and  a  careful  examination 
of  tlio  constitution  of  the  United  States,  he  finds 
th:it  lie  C!in,  consistently  with  thun,  make  any 
propositions  for  the  action  of  the  Senate,  he 
(Mp.  C.)  would  l)c  willinjT  to  receive  the  resolu- 
tions, and  pay  to  them  all  that  attention  and  re- 
spect which  the  proceedinps  of  one  of  the  States 
of  this  Tnion  merited.  If  the  gentleman  did 
not  pursue  that  course,  he  .^hould  feel  himself 
6oimd,  by  every  consideration,  by  all  the  ohli- 
frations  which  bound  a  public  man  to  discharge 
his  duty  to  his  (»od,  his  country,  and  his  own 
honor,  to  resist  such  an  unconstitutional  proce- 
dure IIS  the  reception  of  these  resolutions,  with- 
out the  expressed  wish  of  the  legislature  of  Ala- 
bama, and  without  any  intimation  from  her 
senators,  of  any  proposition  to  be  mad  '  on  them, 
at  the  very  threshold.  lie  did  hope  that,  for 
the  present,  the  gentleman  would  withdraw  these 
n>solutionr,  and  at  a  proper  time  present  them 
with  some  substantive  proposition  for  the  con- 
sideration of  the  Senate.  If  he  did  not,  the  de- 
bate nuist  go  on,  to  the  exclusion  of  the  impor- 
tant one  conunenced  yoRterday.  and  which  every 
gentleman  expected  to  Imj  continued  to-day,  as 
he  should  in  such  case  feel  it  necessary  to  sub- 
mit a  motion  for  the  Senate  to  decide  whether, 
under  present  circumstances,  the  resolutions 
could  Im.'  received. 

*•  Mr.  Clay  declared  that  when  such  a  resolu- 
tion should  be  ofTered  he  should  discharge  the 
duty  which  he  owed  to  his  God,  his  country  and 
his  honor. 

'•  Mr.  King  of  Alabama,  had  felt  an  tmwilling- 
ness  fr  )n»  the  first  to  enter  info  this  discussion, 
for  reasons  which  would  l>e  understood  by  every 
gentleman.  It  was  his  wish,  and  was  so  under- 
stood by  one  or  two  friends  whom  he  had  C(m- 
sulted,  that  the  resolutions  should  lie  on  the 
table  for  the  present,  until  the  debate  on  another 
subject  was  disposed  of.  In  reply  to  the  sena- 
tor from  Kentucky,  he  must  say  that  he  could 
not,  situated  as  he  wa.s,  accede  to  his  proposition. 
I  lis  object  certiiinly  was  to  carry  into  efli-ct  the 
wishes  of  the  legislature  of  his  State  ;  and  he,  as 
well  as  his  colleague,  felt  liound  to  obey  the  will 
of  the  sovereign  State  of  Alabama,  whenever  made 
known  to  them.  He  certainly  should,  at  a  pro- 
jK'r  time,  pn-seut  a  distinrrt  proposition  in  rela- 
tion to  these  resolutions  for  the  consideration  of 
the  Senate;  and  the  senator  from  Kentucky 
could  tlien  have  an  opportunity  of  discharging 
"iiis  duty  to  his  (iod,  to  his  country,  and  his 
own  honor,'  in  a  manner  most  consistent  with 
his  own  sense  of  proprie 

".Mr.  Clay  would  not  renew  the  intimation  of 
any  intention  on  his  part,  to  submit  a  motion  to 
the  Senate,  if  there  was  any  i)robability  that  the 
senator  from  Alabiuna  would  withdraw  the  reso- 
lutions he  had  submitted.  He  n«)W  gave  noti«v 
that,  if  the  senator  did  not  think  fit  to  withdraw 
them,  he  should  feel  it  his  duty  'o  submit  a  pro- 
position which  would  most  probably  load  to  a 


debate,  and  prevent  the  one  commenced  yester- 
day from  beuig  resumed  to-day. 

'•  Mr.  Calhoun  move<l  that  the  resolution  bo 
laid  upon  the  table,  to  give  the  senator  from 
Alabama  [Mr.  King],  an  opportunity  to  prepare 
a  resolution  to  acccmiplish  the  meditated  purpose 
of  rescinding  the  forr  ?r  resolutions  of  the  Seuale. 
I  confess,  sir  (obser.etl  Mr.  C),  I  feel  some  eu- 
riosity  to  see  ho'-,  the  senator  from  Alabama 
will  reconcile  such  a  proceeding  with  the  free 
and  independent  existence  of  a  Senate.  I  feel, 
sir,  a  great  curiosity  to  hear  how  that  geutlerniin 
jjroposes  that  the  joiunals  are  tol)ekept,  if  such 
a  procedure  is  allowed  to  take  eft'ect.  I  should 
like  to  know  how  he  proposes  to  repeal  a  jour- 
nal. By  what  strange  process  he  would  destroy 
facts,  and  annihilate  events  and  things  which  are 
now  the  depositories  of  history.  When  he  shall 
have  satislied  my  curiosity  on  this  particular, 
then  there  is  another  thing  I  am  anxious  to  be  in- 
formed u|)0U,and  that  is,  what  form,  what  stranjre 
and  new  plan  of  pnKX^eding,  will  he  suggest  for  the 
adoption  of  the  Senate  ?  I  will  tell  him  ;  I  will 
.show  him  the  luily  rcKUirce  that  is  left,  the  point 
to  which  he  neces.<arii_>'  comes,  and  that  is  this: 
he  will  be  obliged  to  declare,  in  his  resolution, 
that  the  principle  upon  which  the  Senate  aeteij 
was  not  correct ;  that  it  was  a  false  and  errom- 
ous  principle.  And  let  me  askj  what  was  that 
principle,  which  now,  it  seems,  is  to  be  destroy- 
ed ?  The  principle  on  which  the  Senate  acted, 
the  principle  which  that  gentleman  engages  to 
overthrow,  is  this  :  'we  have  a  right  to  exjiress 
our  opinion.'  He  will  be  conipelle<l  to  deny 
that ;  or,  perhaps,  he  may  take  refuge  from  such 
a  predicament  by  qualifying  his  subversion  of 
this  first  principle  if  legislative  freedom.  And 
how  will  he  qualify  the  denial  of  this  principk' ? 
that  is,  how  will  he  deny  it,  and  yet  apparently 
maintain  it  ?  He  has  only  one  n-source  loft, 
and  that  is,  to  pretend  that  we  have  a  right  tu 
express  our  opinions,  but  not  of  the  President. 
This  is  the  end  and  aim ;  yes,  this  is  the  iiieviOible 
con.sequence  and  result  of  such  an  extra(jrdiiiary, 
such  t  monstrous  procedure'. 

"So  then,  it  is  come  to  this,  that  the  Sctiato 
has  no  right  to  express  its  opinitm  in  relation  to 
the  Executive?  A  distinetion  is  now  set  up  k'- 
tween  the  President  and  all  other  oflicers,  and 
the  gentleman  is  prepared  with  a  resolution  to 
give  etl'ect  and  energy  to  the  distinct  ion;  and 
now,  for  the  first  time  that  such  a  doctrine  lia.s 
ever  Ir'cu  heard  on  the  Amerinin  soil,  he  is  piv- 
pared  to  profess  and  publish,  in  the  face  of  the 
AmericiMi  jK'ople,  that  tdil  and  worn-out  dogma 
of  old  a::.i  worn-out  natiiuis,  'the  King  can  do  no 
wrong!'  that  his  ollieers.  his  ministers,  are  ah  mc 
responsible;  that  we  shall  be  permitted  pirliaps 
to  utter  our  opinions  of  them  ;  but  a  uiiaiiimoiu 
opinion  expressed  by  the  Senate,  in  relation  to 
tlie  President  hiui.self,  is  no  longer  sufleied  to 
exist,  is  no  huiger  permit  toil  to  be  given ;  it  must 
be  expunged  from  the  journals. 

I  ciMifess  I  am  agitated  with  an  intense  curi- 
osity :  I  wish  to  bce  with  what  higeuuity  uf  art- 


ANNO  1835.    ANDREW  JACKSON,  PHRSIDKNT. 


i>27 


nt  the  one  commenced  ycstcr- 
jsumcd  to-day.  _ 

moved  that  the  rcBolution  bo 
blc,  to  give  the  senator  from 
nci,  an  opportimity  to  prepare 
ccmiplish  the  meditated  purpose 
\)rr  ^r  resolutions  of  the  Senate. 
<or,e<l  Mr.  C),  I  feel  some  en- 
,.-    the  senator  from  Alabama 
ch  a  proceeding  with  the  free 
existence  of  a  Senate.     1  fed, 
,ity  to  hear  how  that  gentleman 
a  journals  are  to  be  kept,  if  such 
lowed  to  take  effect.    I  should 
,v  he  proposes  to  repeal  ajt)ur- 
trange  process  he  would  destroy 
late  events  and  things  which  aii- 
irics  of  history.     W  hen  he  sliall 
nv  curiosity  on  this  particuiiir, 
itiier  thing  I  am  an.xious  to  U'  iii- 
l  that  is,  what  form,  what  straii^'e 
i)roa'eding,  will  he  suggest  for  tlie 
Senate?     I  will  tell  him ;  I  will 
nly  resource  that  is  left,  the  point 
■essari'iy  comes,  and  that  is  tliis: 
red  to  declare,  in  his  ivsolution. 
iie  upon  which  the  Senate  actid 
;  that  it  was  a  false  and  erioiu'- 
And  let  me  ask,  what  was  tliat 
\  now,  it  seems,  is  to  be  destroy- 
piplc  on  which  the  Senate  acted, 
hich  that  gentleman  t-ngages  to 
hin  :  'we  have  a  right  to  expriss 
He  will  be  compelled  to  deny 
ps.  he  may  take  refuge  from  such 
by  qualifying  his  subversion  of 
pie  (  f  legislative  freedom.     And 
alify  the  denial  of  this  pnncipU'? 
ill  he  deny  it,  and  yet  apparently 
lie  has  only  one  resource  left, 
preteiKl  that  we  have  a  right  to 
jnions,  but  not  of  the  President. 
ind  aim ;  ves  this  is  the  inevitable 
d  result  of  such  an  extraordinary, 
lus  procedure.  „     o  .   . 

■is  come  to  this,  that  the  Scliatc 
express  its  opinion  in  relation  to 
A  distinction  is  now  set  up  be- 
sident  and  all  other  oflU-ers,  and 
is  prepared  with  a  rescdut-oii  to 
energy  to  the  distinction;  and 
st  lime  that  such  a  doctrine  las 
il  on  the  Americran  soil,  he  is  piv- 
K  and  publish,  in  the  face  of  the 
le  that  ohl  and  worii-oul  doiinia 
Uulnati<ui8,'theKingeanaono 

Lis  ollk-ers,  his  ministers,  are  ahme 
lat  we  .shall  be  jK-rmitted  pi  iliaps 
Linioiis  of  them  ;  but  a  uiiaiuinoiis 
^sed  bv  the  Senate,  in  relation  ii 
liiniserr,  is  no  longer  sufleied  to 
i;i.r  permit  ted  to  be  given ;  it  must 
lorn  the  journals, 
m  agitated  with  anintense  ciiri- 
to  t,ee  with  what  ingenuity  of  art- 


ful disguise  the  Senate  is  to  be  reduced  to  the 
dnnib  legislation  of  Bonajiarte's  Senate.  This 
very  question  brings  on  the  issue.  This  verj' 
projiosition  of  expunging  our  resolutions  is  the 
nnistion  in  which  the  expunging  of  our  legisla- 
tive freedom  and  indepcnd<'ncc  is  to  Ik;  agitated. 
1  confess  I  long  to  see  the  strange  extremities 
to  which  the  gentleman  will  come.  It  is  a  (lues- 
tion  of  the  utmost  magnitude ;  I  an  anxious  to 
see  it  brought  on:  two  senators  [Messrs.  Ben- 
ton, and  King  of  Alabnina]  have  pledged  them- 
selves to  bring  it  forward.  They  cannot  do  it 
too  soon — they  cannot  too  soon  expose  the  hor- 
rible reality  of  the  condition  to  which  our  coun- 
try is  reduced.  I  hojH)  they  will  •make  no  de- 
lay ;  let  them  hasten  in  their  course ;  let  thc:n 
lose  no  time  in  their  effort  to  expunge  the  Se- 
nate, and  dissolve  the  system  of  government  and 
constitution.  Yes,  I  entreat  them  to  push  their 
deliberate  purpose  to  a  resolve.  They  have  now 
given  origin  to  a  questiim  than  which  none 
perhaps  is,  in  its  efficts  and  tendencies,  of  deep- 
er ihkI  more  radical  importance ;  it  is  a  (piestiim 
more  important  than  that  of  the  bank,  or  than 
that  of  the  Post  Office,  and  J  am  exceedincly 
anxious  to  see  how  far  they  will  carry  t>ut  the 
doctrine  they  have  advanced ;  a  doctrine  as  en- 
slaving and  as  despotic  as  any  that  is  inaintaiiied 
by  the  Autocrat  of  all  the  Russias.  To  give  them 
an  opportunitj'.  I  m(>ve  to  lay  the  resoliiti(ms 
on  the  table,  and  I  promise  them  that,  when  they 
move  their  resolution,  I  will  be  ready  to  ^ake  it 
up. 

"  Mr  Clay  said  that  the  proposition  to  receive 
the  resolutions  was  a  preliminary  one,  and  was 
the  (]uestion  to  which  he  had  at  first  invited  the 
atlentiou  of  the  Senate.  The  debate,  certainly, 
had  been  very  irregular,  and  not  strictly  in  or- 
der. He  had  contended,  from  the  first,  for  the 
imrpiise  of  avoiding  an  interference  with  a  de- 
bute on  another  subject,  that  the  subject  of  the 
.Mahania  resolutions  should  not  W  agitiited  at 
that  time.  The  senator  from  Alabama  having 
refilled  to  withdraw  these  resolutions,  he  was 
compelled  t«)  a  course  wliich  would,  in  all  pro- 
bability, hail  to  a  protracted  debate. 
'•Mr.  Clay  then  submitted  the  following: 
"//(Wi/r*'(/,  That  \\\c  n-scduticms  of  the  legis- 
lature of  Alabama  presented  by  the  senator 
from  that  Stato,  ou(;ht  not  to  Iw  acted  upon  by 
the  Senate,  iiiasiiiueh  ns  they  are  not  addressed 
to  the  Senate,  nor  contain  any  request  that  they 
lie  laid  liefore  the  Senate;  and  ina.sniiich,  also, 
as  that  whicli  those  re-<diitions  direct  should  be 
dime,  cannot  be  done  without  violating  the  con- 
stitution of  (he  I'liited  States." 

"Mr.  Ciilhoiin  lieic  moved  to  lay  the  resolu- 
tions on  tli(!  table,  which  motion  took  prece- 
dence (if  .Mr.  (JIay's.  and  was  not  debatable. 
He  withdrew  it,  liowever.  nt  the  reipiest  of  J,,-. 
Clayton. 

'"Mr.  Henton  said  an  objc'ctiou  had  been  raised 
to  the  res(diitions  of  Alabama,  by  the  senator 
from  South  Carolina  and  the  senator  from  Dela- 
nvr  to  which  he  would  briefly  reply.     Need 


he  refer  those  gentlemen  to  the  course  of  their 
own  reading  ?  le  would  refer  them  to  the  case 
in  a  State  contiguous  to  South  Carolina,  where 
certaiu  proceei  ings  of  its  legi.slature  were  pub- 
licly burnt,  n'hc  journal  of  the  Yazoo  fraud, 
in  Oeorgia.)  Need  he  refer  them  to  the  case  of 
Wilkes?  where  the  Rritish  House  of  Coninions 
ex^ningcd  certain  proceedings  from  their  journal 
— expunged  !  not  by  the  childish  process  of  send- 
ing out  for  every  copy  and  cutting  a  leaf  from 
each,  but  by  a  more  enectuai  process.  He  would 
describe  the  iikkIus  as  ho  read  it  in  the  parlia- 
ment.xry  history.  It  was  this:  There  was  a 
total  suspension  of  business  in  the  House,  and 
the  clerk,  taking  the  ollicial  journal,  the  original 
record  of  its  proceedings,  and  reading  the  clause 
to  be  expunged,  obliterated  it,  word  after  word, 
not  by  making  a  Saint  Andrew's  cross  over  the 
clause,  as  is  sometimes  done  in  old  accounts, 
but  by  completely  erasing  out  every  letter. 
This  is  the  way  expunging  is  done,  and  this  is 
wl;at  I  propose  to  get  done  in  the  Senate,  through 
the  pctwcr  of  the  people,  upon  this  hiwless  con- 
demnation of  President  Jackson :  and  no  sy.s- 
teiii  of  tactics  or  mancuuvres  shall  prevent  mc 
from  following  up  the  design  according  to  tlio 
notice  given  yestenlay. 

"Mr.  King  of  Alabama,  in  reply,  said  that 
when  the  profier  time  arrived — and  he  should 
use  his  own  time,  on  his  own  respon.sibility — he 
would  bring  forward  the  resolution,  of  which  the 
senator  from  Missouri  had  given  notice,  if  not 
prevented  by  the  pre'vious  action  of  that  gentle- 
man. He  had  no  «loubt  of  the  power  of  the 
Senate  to  repeal  any  resolution  it  had  adopted. 
What !  repeal  facts  ?  a.sked  the  senator  from 
South  Carolina.  He  would  ask  that  gentleman 
if  they  had  it  not  in  their  power  to  retrace  their 
steps  when  they  have  done  wrong?  If  they 
had  it  not  in  their  power  to  correct  their  own 
journal  when  asserting  what  was  not  Iriie?  The 
democratic  party  «if  the  country  had  spoken,  pro- 
nounced ju<Ignient  up<m  the  facts  stated  in  that 
journal.  They  had  declared  that  these  facts 
were  not  true;  that  the  condemnation  pro- 
nounced against  the  Chief  Magistrate,  for  having 
vioIate<l  the  constitution  of  the  United  States, 
was  not  true ;  ami  it  was  high  time  that  it  was 
stricken  from  the  journal  it  disgraced. 

''Mr.  Calhoun  ob.^erved  that  the  senator  from 
Alabama  having  made  some  personal  allusions 
to  him,  he  felt  liouiid  to  notice  them,  although 
Uftt  at  all  disposed  to  intrude  upon  the  paiiencc 
of  the  Senate.  The  senator  had  said  that  ho 
(Mr.  C.)  was  truly  connected  with  party.  Now, 
if  by  'party'  the  gentleman  meant  that  he  was 
enlisteil  in  any  p<diti<al  scheme,  that  he  desired 
to  promote  the  success  of  any  jiarty,  or  was  aii.\- 
ious  to  SIC  any  particular  man  elevated  to  the 
Chief  .Magistracy,  he  did  him  great  injustice.  It 
was  a  long  time  since  he  (.Mr.  C.)  had  taken  any 
active  part  in  the  political  afliiirs  of  the  country. 
The  senator  need  only  to  have  looked  back  to 
his  vote,  for  the  last  eight  yeans,  to  have  been 
satisfled  that  he  (Mr.  C.)  had  voluntarily  put 


4 


528 


THIRTY  YEARS'  VIEW. 


I     m 


himself  in  Uic  very  small  minority  to  which  he 
iM'ionpcd,  ami  that  he  had  done  this  to  serve  the 
gallant  and  patriotic  i^tatc  of  South  Carolina. 
^Voul(l  the  gentleman  say  that  he  did  not  step 
forward  in  defence  of  South  Carolina,  in  the 
great  and  magnanimous  stand  which  slie  took 
in  defence  of  her  rights  ?  Now,  he  wished  the 
senator  to  understand  him,  that  he  had  put  him- 
self in  a  minority  of  at  least  one  to  a  hundred ; 
that  he  had  atmndoned  party  voluntarily,  freely ; 
and  he  would  tell  every  senator — for  he  was  con- 
strained to  s])eak  of  himself,  and  therefore  he 
.should  sjK'ak  boldly — ho  would  not  turn  upon 
his  heel  for  the  administration  of  the  atlairs  of 
this  government.  IIo  believed  that  such  was 
the  hold  which  corruption  had  obtained  in  this 
government,  that  any  man  who  should  under- 
take to  reform  it  would  not  be  sustained." 

Mr.  King  of  Alabama  moved  that  the  resolu- 
tions be  printed,  which  motion  was  superseded 
by  a  motion  to  laj  it  on  the  table,  which  pre- 
vailed— ^yeas  twenty-seven,  nays  twenty — as  fol- 
lows : 

"  Ykas.— Messrs.  Bell,  Bibb,  Black,  Calhoun, 
Clay,  Clayton,  Ewing,  Fix'linghuysen.  (J olds- 
borough,  ilendricks.  Kent,  Knight,  Leigh,  Man- 
gum,  Naudain,  Pomdexter,  Porter,  Pivntiss, 
liobbins,  Silsl)ee,  Smith,  Southard,  Swift,  Tom- 
linson,  Tyler.  Waggaman,  Webster. 

"Navs. — Messrs.  Benton,  Brown,  Buchanan, 
Cuthbert,  (Jrundy,  Hill,  Kan<^,  King  of  Alaba- 
ma, King  of  (Jeorgia,  Linn.  McKean,  Moore, 
Morris,  Preston,  Kobinson,  Shepley,  Tallmadge, 
Tipton,  White,  Wright." 

And  thus  the  resolutions  of  a  sovereign  State, 
in  favor  of  expunging  what  it  deemed  to  be  a 
lawless  sentence  passed  upon  the  President,  were 
refused  even  a  reception  and  a  printing — a  cir- 
cumstance which  seemed  to  augur  badly  for  the 
final  success  of  the  scries  of  expunging  motions 
which  I  had  pledged  myself  to  make.  But,  in 
fact,  it  was  not  discouraging — but  the  contrary. 
It  strengthened  the  conviction  that  such  conduct 
would  sooner  induce  the  change  of  senators  in 
the  democratic  States,  and  permit  the  act  lo  be 
done. 


CHAPTER    C  XXI 1 1. 

THE  EXPUNOINO   KKSOLUTION. 

From  the  moment  of  the  Senate's  condemnation 
of  General  Jackson,  Mr.  Benton  gave  notice  of 
hie  intentioD  to  move  the  expunction  of  the 


sentence  from  the  journal,  perio<lically  and  con- 
tinually until  the  object  should  be  effected,  or 
his  political  lile  come  to  its  end.  In  conformity 
to  this  notice,  he  made  his  fonnal  motion  at  tlie 
session  'i'M-';!r) ;  and  in  these  w^ords : 

"  hWolred,  That  the  resolutioti  adopted  hv 
the  Senate,  on  llie  28th  < lay  of  March,  in  thV 
year  1X.'!4,  in  the  following  words:  ^  Jfcsolrcd 
That  the  President,  in  the  late  executive  j)ro- 
ccedings  in  relation  to  the  public  n'veinie,  lms 
assinued  \i\wn  liiniself  authority  and  power  not 
conferred  by  the  constitution  and  laws,  but  in 
derogation  of  Ih»(Ii,'  be,  and  the  same  hereby  js 
ordered  to  be  ex|)iuiged  from  the  journals  n/ 
the  Senate;  because  the  said  resolution  is  iljo- 
gal  and  unjust,  of  evil  example,  iniliflnite  and 
vague,  expressing  a  criminal  chnige  witlioiii 
s|  ecification;  and  wasirregidarlyaud  unconstitu- 
tionally adopted  by  the  Senate,  in  subversion  of 
the  rights  of  defence  which  belong  to  an  accused 
and  impachable  oflicer;  aiul  at  n  time  and 
under  circumstances  to  endanger  the  poiiiical 
rights,  and  to  injure  the  |K'cnniary  intere>fts  of 
the  people  of  the  United  States." 

This  prop(tsition  was  extremely  distasteful  to 
the  Senate — to  the  majoiity  which  |)assp(|  iho 
sentence  on  General  .Jackson  ;  and  ]\Ir.  So\itliiinl. 
senator  from  New  Jersey,  spoke  their  s(nti- 
ments,  and  his  own,  when  he  thus  bittirly  diii- 
racteri/AMl  it  as  an  intlictnient  which  the  .Sn;ilc 
itself  was  required  to  try,  and  to  degrade  itself 
in  its  own  condenmation, — he  said : 

•'  The  object  of  this  resolution  (said  Mr.  S.), 
is  not  to  obtain  an  exjjrcssion  from  tlic  .^^ennte 
that  their  former  o|>iuions  were  erroneous,  nm 
that  the  Executive  acti-tl  correctly  in  nlation  to 
the  public  treasury.  It  goes  further,  and  de- 
nounces the  act  of  the  Senate  as  so  unconstitu- 
tional, unjustifiable,  and  offeu-sive,  that  tlie  (vi- 
dence  of  it  ought  not  to  be  iK'rmilted  to  irniiiiii 
upon  the  rec()r<ls  of  the  government.  It  is  ,in 
indictment  against  the  Senate.  The  seiwld! 
from  Missouri  calls  upon  us  to  sit  in  juil|;iiieiit 
upon  our  own  act,  and  warns  us  that  wc  can 
save  ourselves  from  future  and  lasting  denun- 
ciation and  reproach  only  by  pivnouiicinu'  niir 
own  comlemnati(m  by  our  votes.  He  assiiivs 
us  that  he  has  no  desiiv  or  intention  to  dogiinio 
the  Senate,  but  the  position  in  which  he  wmilil 
place  us  is  one  of  dee|»  degradation — (!(;;rnila- 
tion  of  the  most  humiliating  character — wliieli 
not  only  acknowledges  error,  and  admits  inex- 
cusable misconduct  in  this  legislative  brancli  if 
the  government,  but  bows  it  down  bifore  tiie 
majesty  of  the  Executive,  and  makes  us  olli'J 
incense  to  his  infallibility." 

The  bitterness  of  this  self  trial  was  agf-'iavat- 
cd  by  seeing  the  course  which  the  public  iiiinil 


ANNO  1836.    ANDREW  JACKSON,  rUl>SIl)ENT. 


529 


lournal,  porioilicttlly  and  con- 
,bjoct  should  be  cflt-cttil,  or 
,110  to  its  end.  In  confoiniity 
lado  his  fonnal  motion  at  the 
id  in  those  words : 

t  the  resohition  adopted  hy 
,c  2St]i  day  "f  Miueli.  in  tlif 
f.dlowinR  wonls :  '  Jtrxolml, 
lit  ill  tlic  late  executive  pro- 
Mi' to  tlie  puidie  n'veiiiie,  1ms 
imolf  authority  and  power  not 
ronstitution  and  laws,  but  in 
h  '  he  and  the  same  hereby  is, 
i.'niiRed  from  the  journals  of 
mso  the  said  rescdutmn  is  ilU- 
f  evil  example,  indeanite  ami 
,r  IV  criminal    charge  witlioiit 
rwasirre-^uliulyaiKluiicoiistilii- 
bv  the  Senate,  in  subversion  „( 
enVe  whiehbeloiip  to  an  accused 
0   oflieer;  and  at  a  tune  aiw 
jiuces  to  endanger  the  polui.al 
.jure  the  iR-cuniary  interests  of 
10  United  States." 

tion  was  extremely  distasteful  t. 
,  the  majority  which  pnsse-l  ll.e 
leral  Jackson;  and  Mr.  Sontkird 
New  Jersey,  spoke  their  scti- 
own,  when  he  thi'.s  bitterly  dm- 

nii  indielmeut  which  the  Seii.i!. 

ired  to  try,  and  to  tlcf^radc  il^.lf 
lonniation,— he  said : 

„f  this  resolution  (said  ^Ir.  S.), 
!.u  expression  from  the  SeiuiU' 
,.,•  oiMiiions  were  erroneous,  m- 
live  acte.1  correctly  in  ivlat  ion  to 
a.surv.     It  poes  further,  and  .K- 
rt  of' the  Senate  as  so  uneon^tltu- 
iable,and  olfensive,  that  tlieoi 
It  not  to  be  permitted  to  remnm 
•<ls  of  the  government.    It  is  an 
iviust   the   Senate,      'the  ^nnto, 
calls  upon  us  to  sit  in  jn.l};tnem 
net,  and  warns  us  tliat  wc  ciui 
from  futun>  and  lastin-  denuii- 
■proach  only  bypronoumMii'.'onr 
ation  by  our  votes,     lie  assmv. 
no  desire  or  intention  to  depiu- 
t  the  position  in  which  he  w"..! 
,e  of  deep  (lepmdatioii-dc-iada- 
,ist  humiliating  character- wl.uii 
pwledpes  error,  and  admits  imx- 
iduct  ill  this  UpislativebnuKlij 
nt.  but  bows  It  down  Ufoi.' 
e  Executive,  ami  makes  us  oiM 
iiifailibility." 

less  of  this  self  trial  was  a-iiniViU- 
kc  course  which  the  public  lumd 


\raR  taking.  A  current,  strong  and  steady,  and 
constantly  swelling,  wa.i  setting  in  for  the 
President  and  against  the  Senate ;  and  res(du- 
tions  from  the  legislatures  of  several  States — 
Alalmnia,  Mississippi,  New  .lersey.  North  Caro- 
]i„.j — had  already  arrived  instructing  their  sena- 
tors to  vote  for  the  expurgation  which  Mr. 
Benton  proposed.  In  the  mean  time  he  had 
not  vet  made  his  leading  speech  in  favor  of  his 
motion ;  and  he  judged  this  to  be  the  proper 
time  to  do  so,  in  ortler  to  produce  its  effects  on 
the  elections  of  the  ensuing  summer;  and  ac- 
cordingly now  spoke  as  follows : 

"Mr.   Benton  then   rose  and  addressed  the 
Senate  in  support  of  his  motion.    lie  said  that 
the  resolution  which  he  had  oflTered,  though  re- 
solved upon,  as  he  had  heretofore  st.ated,  with- 
ont  consultation  with  any  person,  was  not  re- 
solved upon  without  great  deliberation  in  his 
own  niiml.     The  criminating  resolution,  which 
it  was  his  object  to  expunge,  was  presented  to 
the  Senate.  Pecemher  2Clh,  IS.*?.*?.    The  senator 
from  Kentucky  who  introduced  it  [Mr.  Clay], 
ciimmenced  a  iliscussion  of  it  on  that  day,  whicli 
wiis  continued  through  the  months  of  January 
nnil  February,  and  to  the  end,  nearly,  of  the 
month  of  March.      The  vote  was  taken  upon  it 
tlie  '28th  of  March ;  and  about  a  fortnight  there- 
after he  announced  to  the  Senate  his  intenti<m 
in  coninience  a  series  of  motions  for  expunging 
the  iTsobition  from  tlie  journal.     Here,  then, 
were  nearly  four  months  for  consideration  ;  for 
the  decision  was  expected ;  and  he  had  very 
.inxiously  considered,  during  that  period,  all  the 
difficulties,  and  all  the  proprieties,  of  the  step 
wiiich  he  meditated.     Was  the  intended  inoti(m 
to  clear  the  journal  of  the  resolution  ritdit  in 
Itself?    The  convictions  of  his  judgment  t«dd 
him  that  it  was.     Was  expurgation  the  proper 
moile  ?    Yes ;  he  was  thoroughly  satisfied  that 
that  was  the  proper  mod(?  of  proceeding  in  this 
CISC    For  the  criminating  resolution  which  he 
wished  to  pet  rl<l  of  combined  all  the  chanic- 
ti'riptica  of  a  case  which  required  erasure  and 
ohliteration  :  for  it  was  a  case,  as  he  lielieved, 
I   of  the  exercise  of  power  without   authority, 
withont  even  jiHsdiction  ;  illegal,  irregular,  and 
iinjiist.    Otlier  modes  of  annulling  the  resolu- 
tion, as  rescinding,  reversif.g,  rejH'aling,  could 
n"t  he  pro|ier  in  such  a  case  ;  for  they  would 
imply  rightful  jurisdiction,  a  lawful  authority, 
a  log^il  action,  though  an  erioneous  judgment. 

Vol.  I.— 34 


All  that  he  denied.  lie  denied  the  authority 
of  the  Senate  to  {uiss  such  a  resolution  at  all ; 
and  he  aninned  that  it  was  unjust,  and  contra- 
ry to  the  truth,  as  well  as  contrary  to  law. 
This  being  his  view  of  the  resolution,  he  held 
that  the  ti-ue  and  proper  course,  the  parlia- 
meiitary  course  of  proceeding  in  such  a  case, 
was  to  expunge  it. 

But,  said  Mr.  II.,  it  is  objected  that  the  Senate 
has  no  right  to  expunge  any  thing  from  its 
journal  ;  that  it  is  reipiired  by  the  constitu- 
tion to  keep  a  journal ;  and,  being  so  reciuireil, 
could  not  destroy  any  part  of  it.  This,  said 
Mr.  B.,  is  sticking  in  the  bark  ;  and  in  the  thin- 
nest bark  in  which  a  shot,  even  the  smallest, 
was  ever  lodged.  Various  are  the  meanings  of 
the  word  keej),  used  as  a  verb  To  keep  a  jour- 
nal is  to  write  down  daily,  the  history  of  what 
yon  do.  For  the  Senate  to  keep  a  journal  is  to 
cause  to  be  writti'u  dowii,  every  <lay,  the  ac- 
count of  its  proceedings  ;  and,  having  done  that, 
the  constitutional  injunction  is  satisfied.  The 
constitution  was  satisfied  by  entering  this  crim- 
inating resolution  on  the  journal ;  it  will  bo 
e(pially  satisfied  by  entering  the  expunging  res- 
olution on  the  same  journal.  In  each  ca.so  the 
Senate  keeps  a  journal  of  its  own  proceedings. 

It  is  objected,  also,  that  we  have  no  right  to- 
destroy  a  [lart  of  the  journal ;  and  that  to  ex- 
punge is  to  destroy  and  to  prevent  the  expung- 
ed part  from  being  known  in  future.  Not  so 
the  fact,  sai<l  Mr.  11.  The  matter  expunged  is 
not  destroyefl.  It  is  incorporated  in  the  ex- 
punging resolution,  and  lives  lus  long  as  that 
lives  J  the  only  effect  of  the  expurgation  being 
to  express,  in  the  most  emphatic  manner,  tho 
opinion  that  such  matter  ought  never  to  have 
been  juit  in  the  journal. 

Mr.  IJ.  said  he  would  support  these  jiositions 
by  authority,  the  authority  of  eminent  exam- 
ples; and  wouM  cite  two  cases,  out  of  a  multi- 
tude that  might  be  adduced,  to  show  that  ex- 
punging was  the  proper  cour.se,  the  {larliamen- 
mentary  eourse,  in  such  a  case  as  the  one  now 
before  the  Senate,  and  that  the  expunged  mat- 
ter was  incorporated  and  ^jreserved  in  tho  cx- 
pnngi'ig  resolution. 

Mr.  B.  then  read,  from  a  volume  of  British 
Parliamemary  History,  the  celebrated  case  of 
tho  Middlesex  election,  in  which  the  resolution 
to  expel  the  famous  John  Wilkes  was  expunged 
from  the  journal,  but  preserved  iu  tho  expurgt^ 


!  '      ^:!^ 


ft" 


530 


THIRTY  YEARS'  VIEW. 


tory  resolution,  ho  na  to  be  just  as  well  read 
now  as  if  it  had  never  been  blotted  out  from 
the  journals  of  the  British  House  of  Commons. 
The  resolution  ran  in  these  words:  "That  the 
resohition  of  t'le  House  of  the  17th  February, 
17f)9,  '  that  John  Wilkes,  E«q.,  having  been,  in 
this  session  of  Parliament,  expelled  this  House, 
was  and  is  inctpable  of  being  elected  a  member 
to  serve  in  the  present  Parliament,'  be  cxpiuig- 
cd  from  the  journals  of  this  House,  rvs  being 
subversive  of  the  rights  of  the  whole  body  of 
electors  of  this  kingdom."  Such,  said  Mr.  B., 
were  the  terr.is  of  the  expunging  resolution  in 
the  case  of  the  ^Middlesex  election,  as  it  was 
annually  introduced  from  17G9  to  1782;  when  it 
was  finally  passed  by  a  vote  of  near  three  to 
one,  and  the  clause  ordered  to  be  expunged  was 
blotted  out  of  the  journal,  and  obliterated,  by 
the  clerk  at  the  table,  in  the  presence  of  the 
whole  House,  which  remained  silent,  and  all 
business  suspended  until  the  obliteration  was 
complete.  Yet  the  history  of  the  case  is  not 
lost.  Though  blotted  out  of  one  part  of  the 
journal,  it  is  saved  in  another ;  and  here,  at  the 
distance  of  half  a  century,  and  some  thousand 
miles  from  London,  the  whole  case  is  read  as 
fully  as  if  no  such  oi)eration  had  ever  been  per- 
formed upon  it. 

Having  given  a  precedent  from  British  par- 
liamentary history,  Mr.  B.  would  give  another 
from  American  histor}' ;  not,  indeed,  from  the 
Congress  oj  the  assembled  States,  bat  from  one 
of  the  oldest  and  most  respectable  States  of  the 
Union :  he  spoke  of  Massachusetts,  anti  of  the 
resolution  adopted  in  the  Senate  of  that  State 
during  the  late  war,  adverse  to  the  celebration 
of  our  national  victories ;  and  which,  some  ten 
years  afterwards,  was  expunged  from  the  jour- 
nals by  a  solemn  vote  of  the  Senate. 

A  year  ago,  said  Mr.  B.,  the  Senate  tried 
President  Jackson  ;  now  the  Senate  itself  is  on 
trial  nominally  before  itself;  but  in  reality  be- 
fore America.  Europe,  and  posterity.  We  shall 
give  our  voices  in  our  own  case ;  we  shall  vote 
for  or  against  this  motion  ;  and  the  entry  upon 
the  record  will  be  according  to  the  majority  of 
voices.  But  that  is  not  the  end,  but  the  be- 
ginning of  our  trial.  We  shall  be  judged  by 
others ,  by  the  public,  by  the  present  age,  and 
by  all  posterity  !  The  proceedings  of  this  case, 
and  of  this  day,  will  not  be  limited  to  the  present 
age ;  they  will  go  down  to  posterity,  and  to  the 


latest  ages.  Pi  esident  Jackson  is  not  a  charnctc 
to  be  forgotten  in  history.  His  name  is  not  t 
be  confined  to  the  dry  catalogue  and  offlcit 
nomenclature  of  mere  American  Presidenti 
Like  the  great  Romans  who  attained  the  con 
sulship,  not  by  the  paltry  arts  of  electioneerinj 
but  through  a  series  of  illustrious  deeds,  hi 
name  will  live,  not  for  the  offices  he  filled,  bu 
for  the  deeds  which  he  performed.  He  is  th 
first  President  that  has  ever  received  the  c>in 
demnation  of  the  Senate  for  the  violation  of  th 
laws  and  the  constitution,  the  first  whose  nam 
is  borne  upon  the  journals  of  the  American  Sc 
nate  for  the  violation  of  that  constitution  whicl 
he  is  sworn  to  observe,  and  of  those  laws  whicl 
he  is  bound  to  see  faithfully  executed.  Sucl 
a  condemnation  cannot  escape  the  obscrvatid: 
of  history.  It  will  be  read,  considered,  judged 
when  the  men  of  this  day,  and  the  passions  oi 
this  hour,  shall  have  passed  to  eternal  repose. 

Before  he  proceeded  to  the  exposition  of  Hk 
case  whifh  he  intended  to  make,  he  wi.slied  t( 
avail  himself  of  an  argument  which  had  beet 
conclusive  elsewhere,  and  wliich  he  tnu-^tn; 
could  not  be  without  effect  in  this  Senate.  1: 
was  the  argument  of  public  opinion,  Ju  tin 
case  of  the  Middlesex  election,  it  had  T)cen  di 
cisive  with  the  British  Houre  of  Commons;  ii 
the  Massachusetts  case,  it  hi\d  been  deci>ivi 
with  the  Senate  of  that  State.  In  both  tiios( 
cases  many  gentlemen  yielded  their  privati 
opinions  to  public  sentiment ;  and  public  .sinti 
ment  having  been  well  pronounced  in  the  cm 
now  before  the  Senate,  he  had  a  right  to  lool 
for  the  same  deferential  respect  for  it  here  whic 
had  been  shown  elsewhere." 

Mr.  B.  then  took  up  a  volume  of  British  pap 
liamentary  history  for  the  year  1782,  the  21 
volume,  and  read  various  passages  from  pap 
1407,  1408, 1410, 1411,  to  show  the  stress  whic 
had  been  laid  on  the  argument  of  public  opin 
in  favor  of  expunging  the  Middlesex  resolution 
and  the  deference  which  was  paid  to  it  by  thi 
House,  and  by  members  who  had,  until  the 
opposed  the  motion  to  expimge.  He  read  firs 
from  Mr.  Wilkes'  opening  speech,  on  rcnewiii; 
his  annual  motion  for  the  fourteenth  time,  i 
follows : 

'■  If  the  people  of  England,  sir,  have  at  an; 
time  explicitly  and  fully  declared  an  opinioi 
respecting  a  momentous  constitutional  questioi 
it  has  been  in  regard  to  the  Middlesex  electioi 


101 


ANNO  1838.    ANDREW  JACKSON,  PRESIDENT. 


531 


Bidcnt  Jackson  is  not  n  clmracter 
n  history.     His  nnn»e  is  not  to 
the  dry  catalogue  and  official 
f  mere    American   I'rcsidents. 
Romans  who  attained  the  con- 
Lhc  paltry  arts  of  electioneering, 
series  of  illustrious  deeds,  his 
not  for  the  offices  he  filled,  but 
irhich  he  performed.    He  is  tlic 
that  has  ever  received  the  con- 
he  Senate  for  the  violation  of  the 
onstitution,  the  first  whose  name 
the  journals  of  the  Amcricaw  Se- 
olation  of  that  constitution  which 
observe,  and  of  those  laws  which 
to  see  faithfully  executed.    Such 
>n  cannot  escape  the  obstTvatiin 
t  will  be  read,  considered,  judged: 
J  of  this  day,  and  the  passions  of 
ill  have  passed  to  eternal  repose. 
)rocecded  to  the  exposition  of  the 
5  intended  to  make,  he  wished  to 
'  of  an  argument  which  li:\<l  Utn 
Isewhere,  and    which   he  trusti.1 
without  effect  in  this  Senate.   It 
;ument  of  public  ^^ninioii.    In  ih 
iliddlesex  election,  it  had  been  di- 
he  British  Iloure  of  Commons;  in 
lusctts  case,  it  had  been  dccisivi 
late  of  that  State.    In  both  thc« 
gentlemen  yielded  their  private 
»ublic  sentiment ;  and  public  senti- 
been  well  pronounced  in  the  a>e 
fhc  Senate,  he  had  a  right  to  look 
deferential  respect  for  it  here  which 
»wn  elsewhere." 

•n  took  up  a  volume  of  British  par 
listory  for  the  year  1782,  the  211 
read  various  passages  from  pap;> 
1410  1411,  to  show  the  stress  which 
d  on  the  argument  of  public  opinion 
spunging  the  Middlesex  resoliition< , 
|rence  which  was  paid  to  it  by  \h 
by  members  who  had,  until  thoa 
motion  to  expunge.  He  read  first 
ilkes'  opening  speech,  on  rcnewin; 
lotion  for  the  fourteenth  time,  it 

^ople  of  England,  sir,  have  at  m 
Rtly  and  fully  declared  an  opinioa 
1  momentous  constitutional  question 
[in  regard  to  the  Middlesex  electiw 


in  1708."  ♦  *  ♦  ♦  "  Their  voice  was  never 
heard  in  a  more  clear  and  distinct  manner  than 
on  this  point  of  the  first  magnitude  for  all  the 
electors  of  the  kingdom,  and  I  trust  will  now 
be  heard  favorably." 

He  then  read  from  Mr.  Fox's  speech.  Mr. 
Fox  had  heretofore  opposed  the  expunging  reso- 
lution, but  now  yielded  to  it  in  obedience  to  the 
voice  of  the  people. 

"lie  (Mr.  Fox)  had  turned  the  question  often 
in  his  mind,  he  was  still  of  opinion  that  the  re- 
solution which  gentlemen  wanted  to  expunge 
was  founded  on  projK'r  principles."  ♦  ♦  *  * 
'•  Though  he  opposed  the  motion,  he  felt  very 
little  anxiety  for  the  event  of  the  question  ;  for 
when  he  found  the  voice  of  the  people  was 
against  the  privilege,  as  he  believed  was  the  case 
at  present,  he  would  not  preserve  the  privilege." 
»  ♦  ♦  ♦  "  The  people  had  associated,  they 
had  declared  their  sentiments  to  Parliament, 
and  had  taught  Parliament  to  listen  to  the  voice 
of  their  constituents." 

Having  read  these  passages,  Mr.  B.  said  they 
were  the  sentiments  of  an  English  whig  of  the 
old  school.  Mr.  Fox  was  a  wliig  of  the  old 
school.  lie  acknowledecr!  the  right  of  the  peo- 
ple to  instruct  their  representatives.  He  yielded 
to  the  general  voice  himself,  though  not  specially 
instructed ;  and  he  uses  the  remarkable  expres- 
sion which  acknowledges  the  duty  of  Parliament 
to  obey  the  will  of  the  jwople.  "  They  had  de- 
clared their  sentiments  to  Parliament,  and  had 
taught  Parliament  to  listen  to  the  voice  of  their 
constituents."  This,  said  Mr.  B.,  was  fifty  years 
ago;  it  was  spoken  by  a  member  of  Parliament, 
who,  besides  being  the  first  debater  of  his  age, 
was  at  that  time  Secretary  at  War.  lie  ac- 
knowledged the  duty  of  Parliament  to  obey  the 
voice  of  the  people.  The  son  of  a  peer  of  the 
realm,  and  only  not  a  peer  himself  because  he 
was  not  the  eldest  son,  he  still  acknowledged 
the  great  democratic  principle  which  lies  at  the 
bottom  of  all  rcpresei  tative  government.  Afler 
tliis,  afler  such  an  c:  ample,  will  American  Se- 
nators be  tmwilling  to  obey  the  people  ?  Will 
they  require  people  to  teach  Congress  the  lesson 
which  Mr.  Fox  says  the  English  people  had 
taupht  their  Parliament  fifly  years  ago  ?  The 
voice  of  the  people  of  the  United  States  had 
been  heard  on  this  subject.  The  elections 
diclari'd  it.  The  vote  of  many  legislatures  de- 
declared  it.    From  the  conCies  of  the  Republic 


the  voice  of  the  people  came  rolling  in — a  swell- 
ing tide,  rising  a.s  it  flowed — and  covering  the 
capitol  with  its  mountain  waves.  Can  thi.t 
voice  be  disregarded  ?  Will  members  of  a  re- 
publican Congress  be  less  obedient  to  the  voice 
of  the  people  than  were  the  representatives  of 
a  monarchical  House  of  Commons  ? 

'.»Ir.  B.  then  proceeded  to  the  argument  of  hia 
motion.  He  moved  to  expunge  the  resolution 
of  JJurch  28,  1834,  from  the  journals  of  the 
Senate,  l)ccause  it  was  illegal  and  unjust ;  vague 
and  indefinite ;  a  criminal  charge  without  spe- 
cification ;  unwarranted  by  the  constitution  and 
laws ;  subversive  of  the  rights  of  defence  which 
belong  to  an  accused  and  impeachable  officer ; 
of  evil  example  ;  and  adopted  at  a  time  and  under 
circumstances  to  involve  the  political  rights 
and  the  pecuniary  interests  of  the  people  of  the 
United  States  in  peculiar  danger  and  serious  in- 
jury. 

These  reasons  for  expunging  the  criminating 
resolution  fr  )m  the  journals,  Mr.  B.  said,  were 
not  phrases  collected  and  paraded  for  effect,  or 
strung  together  for  harmony  of  sound.  They 
were  each,  separately  and  individually,  substan- 
tive reasons ;  every  word  an  allegation  of  fact, 
or  of  law.  Without  going  fully  into  the  argu- 
ment now,  he  would  make  an  exposition  which 
would  lay  open  his  meaning,  and  enable  ea<-h 
allegation,  whether  of  law  or  of  fact,  to  be  fully 
understood,  and  replied  to  in  the  sense  intended. 

1.  Illegal  and  unjust. — These  were  the  first 
heads  under  which  Mr.  B.  would  developo  hia 
objections,  he  would  say  the  outline  of  his  ob- 
jections, to  the  resolution  proposed  to  be  ex- 
punged. He  held  it  to  be  illegal,  because  it 
contained  a  criminal  charge,  on  which  the  Pres- 
ident m'jjht  be  impeached,  and  for  which  he 
might  be  tried  by  the  Senate.  The  resolution 
adopted  by  the  Senate  is  precisely  the  first  step 
taken  in  the  IIou.se  of  Representatives  to  bring 
on  an  impeachment.  It  was  a  resolution  offered 
by  a  member  in  his  place,  containing  a  criminal 
charge  against  an  impeachable  officer,  debated 
for  a  hundred  days ;  and  then  voted  upon  by  the 
Senate,  and  the  officer  voted  to  be  giiilty.  This 
is  the  precise  mo<le  of  bringing  on  an  imjwach- 
ment  in  the  House  of  Repre?entativcs  ;  and,  to 
prove  it,  Mr.  B.  would  read  from  a  work  of  ap- 
proved authority  on  parlianentary  practice ;  it 
was  from  Mr.  JefTcrson's  Manual.  Mr.  B.  then 
read  from  the  Manual,  under  the  section  entitled 


h 


532 


TIIIUTY  YKARS"  VIKW. 


I,    t 


i 


Tn)]H<n(<lnu(M)t,  an<l  friun  t(mt  lu>a<l  of  i\w  soctiou 
ontitloti  mviisntion.  Tho  writor  wnw  giving  Mu> 
BriliNh  l'nilinit\cnti».y  prnolicc,  (o  wliioli  our 
own  OKiislitiition  is  (HMifiinniihlc.  "  Tlio  Coiii- 
nioiis, nj«  llvf  );rHii<l  in(|iiost  of  . Iioiia(ii)i),  Ikm-uiiu' 
suitors  for  |H'nal  justi'o.  Tlio  giMural  rdiirso  ix 
to  pass  a  ivsolutionooi.taininna  oriminnl  i-liaip* 
n^raiiisl  tlu<  sii|i|kisi<i1  (U>lin(|uoiit ;  and  tlu'ii  to 
•liivol  soino  iiuMnhor  to  iinjH'aoh  \\\m  l>)  oral 
noiMis!\(i(iu  at  the  bar  of  ilu'  IIouw  of  Lonlw,  in 
thi'  naino  of  the  Conunon.'," 

Rr|H'atijin  "  olausH'  of  w'lat  he  lia«l  irad,  Jlr. 
H.  said  'li<<  pMU'ral  iMurso  is  to  iiass  a  •  iniinal 
oliarp'  ,  nnst  t'K'8;ii>5H>s<  d  (■ ''ij  ■  ii'iM.  i .  ia  ;. 
cxaotlv  wliat  tin*  Sonato  diii ;  and  wliai  !"'  .' 
do  noxt  ?  Nothing.  And  why  not!  >g  /  t  ■ 
oaust'  there  was  nothing  to  he  dnne  l>y  them  ;  ■; 
to  exeente  tlie  sentenee  they  liad  pasbod  ;  anil 
that  they  eonld  not  do.  Penal  jnstiee  was  the 
oonsoi|nev<ee  of  the  nv^ohition  ;  and  a  judgment 
of  i)enallies  eonld  not  be  attempted  on  swell  an 
irngiilar  pnnveding.  The  otdy  kind  of  juMial 
justice  which  the  Senate  eonld  intliet  was  that 
of  i>uMie  opinion;  it  was  to  ustraeize  the  Presi- 
dent, and  to  expose  him  to  puhlie  odium,  as 
a  violator  of  the  laws  and  constitution  of  liis 
country.  Having  shown  the  ivsohition  to  Ik- 
illegal,  Mr.  H.  woidd  pnin<nn\ee  it  to  Ih>  luijnst ; 
for  he  affirmed  the  resolution  to  he  untrue;  he 
maintained  that  ll.  President  liad  violated  no 
law,  no  part  of  tl  ■  tMiistitution,  in  «lismissing 
Mr.  Duano  from  lu  Trejusury,  appointing  Mr. 
Taney,  or  eausinj-  the  deposits  to  ho  removed  ; 
for  these  wen»  the  .jHvilleations  contained  in  the 
original  ivsolution,  also  in  the  second  modifica- 
tion of  the  resolution,  and  intended  in  the  third 
modification,  when  stripiH'd  of  siHHMlieations.and 
reduced  to  a  vague  and  giMieral  charge.  It  was 
in  this  shape  of  a  general  chargi'  that  the  reso- 
lution passed.  No  new  sjieciflcations  were  even 
PU!::g<'sted  in  debate.  Thealterations  wen>  made 
voluntarily,  by  the  friends  of  the  resolution,  at 
the  last  moment  of  the  debate,  and  just  when 
the  vote  was  to  be  taken.  .\nd  why  weie  the 
ppccilications  then  dropjxMl  1  l?ecaiise  no  ma- 
jority could  be  found  to  agn-e  in  them?  or  he- 
''auso  't  was  thought  prmlent  to  drop  the  name 
of  the  Iknk  of  the  Inited  States?  or  for  both 
thc.«e  reasor.s  together  ?  Be  that  as  it  may,  said 
Mr.  B.,  the  co.^demnation  of  the  President,  and 
the  siipjiort  of  the  bank,  were  connected  in  the 
resolution,  and  w.'H  be  indis&olubly  connected 


I: 


in  the  public  mind  ;  and  the  I  resident  \\:\n  nii 
justly  eimdemiied  in  the  sauic  rcHdlulion  dmt 
lM'frieud(>d  and  sustained  tlie  cause  of  the  baniv. 
lie  lield  the  condemnation  to  Ih<  untrue  in  |,(iint 
of  fad,  and  then-foiv  uiyust ;  for  he  mainlaiiuil 
that  there  was  no  bn-ach  of  the  laws  and  con- 
stitution  in  any  thing  that  I'lvsident  •lackMin 
did,  in  removing  Mr.  Diiane,  or  in  appointing  Mr. 
Taney. or  in  causing  the  dejKisits  to  lie  rci  lovcil. 
There  wa«  no  violation  of  law,  or  constitiition, 
in  any  part  of  tliew'  pi-oeet'dings  ;  on  the  cdii. 
trary  the  whole  country,  and  the  pweriunoni 
ii  I'lf,  vas  n'deen.etl  from  the  deiiiiir.on  (,f  j 
,  v't  id  dariii"  moneye  '  corjHJraiion,  by  ili,. 
^vi'tliim  and  energy  of  these  very  luowediugs. 

..    Wi^nit  tiiiii  iiiitijinilr ;  a  criminal  clmrpi 
wit.  ^      s|H'ci1lcation.     Sinii  was  the  resohuiin^ 
Mr.    ;.   ^.  id,  when   it   piu<sed  the  Senate;  Inn 
Kueli  it  was  not  when  first  introduced,  nor  rvcn 
when  first  alteivd  ;  in  its  first  and  secoml forms 
it  contained  specilieatioiis,  and  these  s|H'oillca. 
tions  identified  the  coiidenination  of  the  Pn-.s- 
dent  with  the  defence  of  the  bank  ;  in  its  thiiii 
form,  these  s|H'<'illcations  were  omitted,  ami  no 
others  were  substituted  ;  the  bank  and  llic  rf. 
solution  stood  «iisconneeted  on  the  record,  Imt 
as  much  connected,  in  fact,  as  ever.     The  nsii- 
lution  was  reduced  to  a  vague  and  iiiileliniu' 
form,  on  purpose,  and  in  that  circiimstaiKv,  ac- 
(juired  a  new  ehaniefjr  of  injustice  to  Pivsidmi 
•iackson.     His  aceusers  should  have  specillt.l 
the    law,  and    the  clause   in    the  consliliitun. 
wliii'h  was  vio'ated  ;  they  should  have  s|H'ciliiil 
the  a<ts  which  constituted  the  violation.    Tins 
was  due  to  the  accused,  that  he  might  Iiimwoii 
what  points  to  defend  himself;  it  was  liiu' i 
the  public,  that  they  might  know  on  what  )Kiini.< 
to  hold  the  accusers  to  their  resjioiisihility. 
to  make  them  accountable  for  an  unjust  iuciha- 
tioii.     To  sustain  this  position,  Mr.  H.  luul  re- 
course (o  history  and  example,  and  pniilmx ! 
the  case  of  Jilr.  Giles's  accusation  of  tieiuiJ 
flaiiiillon,   then  Secretary  of  (he  Treasury,  ia 
the  year   17'.'.>.     Mr.  (Jiles,  he  said,  pniciTiW 
in  a  manly,  responsible  manner.     He  siKiilifJ 
the  law  and   the  alleged  viidalions  of  liic  Lu 
so  that  the  friends  of  (leneral   Hnniiltoii  could 
see  what  to  defend,  and  so  as  to  make  liiiiisili 
accountable  for  the  accusation.    Hi'  sin'ciriiii  lln 
law,  which  he  believed  to  be  violated,  by  its  ilasi 
and  its  title  ;  and  he  sj)Ocified  the  two  insii-.iio  .< 


in  which  he  lield  that  law  tu  have  biuu  iutViii^'itl 


ANNO  Iflnn.     ANDUKW  .TA(^KHON.  rUIvSinriNT. 


5,13 


1 ;  ami  Ihc  Tivsulont  waH  mi 
1  in  tlio  HBii.t"  roHi'hition  tlmt 
sUiniMl  tho  cause  oflho  Imnk. 
omnation  to  »h«  uutr»u«  in  loint 
foiv  unjust  -,  for  lu«  maiulniii.-.l 
„  hn-aoh  of  tho  hiws  ami  .n,,- 
thin^  that   I'lvsiilont  .liick.son 
Mr.  Duano,  or  iu  niipoiutiuK  Mr. 
iing  tho  .loiM>sits  to  ho  nn  imvi>  1. 
ohiliou  of  hvw,  or  constitution, 
.hosi«  pnwoiMhngB  ;  on  th»'  .-.m 
'.  oounlry,  and  tho  govorninnii 
.on.otl  from   tho    (hMuin.i.u  of  a 
).•  monoje'  ooriHU-iuiou,  hy  tW 
.rpy  oft  hoso  very  i.vocw.lii.|is. 
,/  iiiihJ'niiW:  ft  criminal  dmrpo 
nition.     Such  was  thorosohui.il, 
hon  it    imssod  tho  Sonuto ;  Imi 
I  when  tlrst  introilucoil,  nor  iv.n 
,vd  ;  in  its  tlrst  and  socon.l  fonns 
pwilicatious,  and  those  s,M-oillca- 
I  tho  ooiulouuuUiou  of  tho  riv.-i- 
dofoucoof  tho  hank;  in  its  tluni 
tvillcations  wore  oudltod.  an.l  ;in 
nhstitulod;  the  hank  audllirr.- 

di,scouno.-tod  on  the  roc.^v.Umt 
ectod,  iu  fftct.  as  ever.  Tho  tti<.- 
.d>u'od  to  a  vaguo  an.l  iiuUtiiutc 
.,so,audin  that  civcumstaiur.ac- 
lohanictorofiujusticol..  Prosukm 

s  a.rusors   should  have  siHriti,! 

llu-  clause    in    tho  i-onstitutioii. 

,,VKt.-d  ;  thoy  should  have  siarilioa 

h  constituted  the  violation.    Tli. 
|,o  accused,  that  he  might  V.n"vv  .ni 

to  defend  himself;  it  wasiluet. 

at  they  tnight  know  on  what  i«>ir,i. 

censers  to  their  rosponsihilitviuw, 

t  nocountable  for  an  unjust  luoll^a• 
-tain  this  vosiliou,  Mr.  H.  ha-l  "■ 
Lory  and  exami-lc  and  j.ro.lim.. 
Ml-    Giles's  accusation  nf  tiomrai 
Len'  Secretary  of  the  Tivasurv,  ir, 
{)■]     Mr.  GilcB,  he  said,  yr^^wU 
resjun.sihle  manner,     lie  spniluJ 
the  allegiHl  violations  of  the  to. 
inends  of  General  lla.nillon  coii,>i 
.l.fend,  and  so  as  to  n>ake  h.nisui 
rurtheaccisatiim.    llesiKVilK-i" 
^.helievod  to  he  violated,  hy  its -to' 
Landho..l)ccifledthetwou>su«- 
Lid  that  law  to  have  Ueuiufnupu 


Ml'  11.  -aid  ho  had  a  d<nd>lo  oltject  in  <|uo|ing 

thin  resolution  of  IVfr.  (lih's,  which  was  intended 

to  |:<v  the  fomtilntion  for  nn  im|H'achmonl  against 

(ieiieral  llaniilli<n;   it   was  to  kIiow,  tlrst,  the 

KiMiiidily  with  which  ttu'se  crimi mil ing  resoh 

tions  should  I       hnwn ;  next,  to  diow  Jie  ah 

sciKV  of  any  .      gations  of  eornipt  or  wi(  kod 

iiileiilion.      'I'l'i     nu  iVi    violation    of    hiw    was 

(liarp'ti  as  the  <>  lenco,  an  it  wi     in  three  of  the 

iiilii'Ies  or  inij'i  ichmeo'   against  tlndge  Chase; 

and  thus,  tlie       seneo  of  an  allegation  of  cor- 

rnpt  inl'Milior  in  tho  resolution  iulo|it(  '  iigainst 

i  irsident  dackMMi,  was   lO  argument  against  its 

n  luiuhniont  chara<'tor,  es|M'eially  as  exhiliili  d 

ill  it,<  tlrst   nnd  second  f<  rni,  with  the  criminal 

iivcnnent,  "danp-nniH  to  tho  liherties  of  tho 

I . '' 
|M'i>i)le. 

For  the  |tnr|)ose  of  e.tjMising  tho  studied 
vftgiuMicsR  <if  the  resolution  as  passed,  deleel- 
iiiK  its  connection  with  tho  Hank  of  '.hi>  I'nitod 
iSttti'S,  demonstrating  its  criminal  character  in 
twice  retaining  Ihocrinnnal  avornuMit,  "danger- 
ous to  tho  lihertioR  of  the  jn'oplo,"  and  showing 
till'  progressive  changes  it  had  to  undergo  l»t>- 
f  ire  it  could  conciliate  a  majority  of  tho  voles. 
Mr.  n.  woul .  oxiiihit  all  three  of  the  re- 
8iiliilion8,  and  road  tlien>  side  hy  side  of  -aoh 
otiicr,  as  they  ap|H<ared  heforo  the  Senate,  in 
till'  first,  seoond,  aw\  third  forms  which  thoy 
Hire  niaile  to  wear.  They  ap|)oared  llrst  in  the 
oiiiliry  >,  or  primordial  form  ;  then  they  assumed 
tlii'ir  aurelia,  or  chrysalis  Btate ;  in  the  third 
Ktapo,  they  reached  the  ultimate  |)crfection  of 
their  iiniierfcct  nature. 

PiiisT  ¥mM.—/Meiiihcr  2f.,  183.3. 

"/fef((»/rf'(/,  That  hy  disiniHsing  the  late  Secre- 
tary of  the  Treasury,  liecauso  he  would  not, 
wuitrary  to  his  .tense  of  his  own  <hity,  remove 
till'  money  of  the  UnittMl  States,  in  dopo.'^it  witli 
tlio  Hank  of  the  Tnited  Statics  and  itn  hranchos, 
in  conformity  with  the  Pivsident's  opinion,  and 
liy  appointing  his  Huccessor  to  make  such  re- 
ninvai,  which  has  Ih'oh  done,  the  President  has 
«i<siimed  the  exorcise  of  a  power  over  the  trea- 
sury of  the  United  States  not  granted  to  him 
lir  tlic  constitution  and  laws,  and  dangerous  to 
the  liberties  of  the  people." 

Second  Fonn.—Murrh  28, 1834. 

"Hesohetl,  That,  in  taking  upon  himself  the 
nspoaiiibility  of  removing  tho  deposit  of  tho 


piihlie  money  fi-om  the  Hank  of  the  United 
Stales,  the  President  of  the  United  States  ha* 
assumed  the  cxerciHi'  of  a  power  over  the  trea- 
sury of  (lie  Iniled  Slates  not  granted  lo  him 
hy  the  constjiiiiion  and  laws,  and  dangerous  lo 
the  liberties  of  liu-  people.  ' 

Third  Form.— lAirc/i  28,  1831. 
" /^'/Jo/iv  ,  Thai  the  PresidenI,  in  the  lalo 
executive  proceedings,  in  relalion  lo  the  piihlie 
ie.,'nuo,  has  assumeil  upon  liiniself  auHinrily 
and  power  not  conforrerl  hy  the  eonstilntioti 
and  laws,  hut  in  derogation  of  hoth." 

Having  exhihited  tho  original  re.solulion,  with 
its  variations,  Mr.  H.  would  leave  it  to  olhors 
to  explain  tlu-  roa.sons  of  such  oxtraordinaiy 
metamorphose.s.  Whether  to  get  rid  of  the 
hank  association,  or  to  gel  rid  of  the  impeae' 
ment  clause,  or  to  conciliat<>  the  voles  of  all  w!tu 
were  willing  to  eondemn  the  President,  <t 
could  not  tell  for  what,  it  was  not  for  hii.'  (.> 
say;  hut  one  thing  he  would  venture  t  siv, 
that  the  majorily  wlio  agreed  in  passing  a  gein 
ral  resolution,  containing  a  criminal  '  'xugu 
itgainsi  Piesident  .laekson,  for  violaling  <^  .  A 
and  the  constitution,  cannot  now  agree  in 
naming  the  law  or  the  elause  in  the  eonslitn- 
tion  violat«'d,  or  in  specifying  any  ae|  constitu- 
ting such  violation.  And  liere  Mr.  It.  paused, 
and  olVered  lo  give  way  to  liu-  gentlenien  of 
the  opposition,  if  Ihey  would  ?n)W  miderlake  lo 
s|K'cify  any  act  wliicli  Preside  it  Jackson  hud 
done  in  violation  of  law  or  co'.stitution. 

3.  I'lnrtinaiilnl  Inj  flic  ruiiHlilulion  mid 
l(iwi>. — Mr.  H.  said  this  head  explained  itsi-lf. 
It  needed  no  developnumt  to  he  understood  hy 
the  Senate  or  the  country.  The  President  wan 
condetnned  without  the  form  of  a  trial ;  and, 
therefore,  his  condemnation  won  unwarranted 
hy  the  constitution  and  laws. 

4.  Siihvvriiin:  of  the  righln  of  ilpfinrr,  which 
belong  lo  anarcKKt'd  find  i mpiachahlv  offirpi: — 
This  head,  also  (Mr.  II.  said),  explained  it,self. 
An  accuRe<l  piu-son  had  a  right  to  he  heani  lie- 
fore  he  was  condemnec'  an  im|H'aehuhle  of'i,;er 
cotdd  not  Ih;  ctmdemne^I  unhean'  hy  the  .Senalo, 
without  svd)verting  all  the  r'j^hts  of  defence 
which  Ixdong  to  him,  and  disqualifying  the  .Sen- 
ate to  a<'t  as  impartial  judges  in  the  event  of  his 
being  regularly  impeached  for  the  same  odence. 
In  this  ca.se,  the  House  of  Kepresentatives,  if 
they  coufided  in  the  Senate'.s  condeiiiuation, 


534 


THIRTY  YEAIW  VIEW. 


m:i 


woiitil  Hcrul  lip  nn  iiniK>nnhmcnt ;  that  thojr  hod 
not  (|(irn'  so,  wiiH  proof  that  they  had  no  confl- 
dcnco  ill  thi!  corrt-ittnfHH  of  our  (li-cihion. 

T).  f}f  rril  ejiiiii]>li-.—}i(>\\\\\\^^  mu\  Mr.  H., 
coiil<l  he  inoru  iitijiiHt  iiiid  illi>(;nl  in  itnoir,  and 
therefore  iii(»rocvil  in  cxnmph-,  than  to  try  peo- 
ple without  a  henl•in^',  and  condemn  them  witli- 
out  defcnc(>.  In  this  euHe,  such  a  trial  and  Hiirh 
a  condemnation  was  a^rjcravuti-rl  hy  the  refusal 
of  the  Senute,  after  their  senteime  wa.s  juo- 
nounciMl,  to  receive  i\w  dcfena)  of  the  President, 
and  let  it  he  printed  for  the  iiiH|)ection  of  |M)h- 
terity  !  So  that,  if  thin  criminating;  reHoliitiun 
i.s  not  expun;;ed,  the  Kingular  Hi)ectiu:le  will  ro 
down  to  f»OHterity,  of  a  condemnation,  and  u 
refusal  to  permit  an  answer  from  the  condemned 
person  standiiif?  r«'corded  on  the  pageH  of  tlie 
m\w  journal !  Mr.  li.  Haid  the  Senate  must 
look  forward  to  the  time — far  ahead,  perhupH, 
but  a  time  which  may  come — when  thi.s  hoily 
may  he  filled  with  disap|>ointed  (x>m|)etitorH, 
or  iHTHonal  enemies  of  the  Pn-sident,  or  of 
asi)iraiilH  to  the  very  olllce  wliich  lif)  holds, 
and  who  may  not  Hcniple  to  undertake  to  cri|)- 
ple  him  liy  senatorial  condemnations ;  to  at- 
taint him  hy  convictions;  to  oslnu;iHe  him  hy 
vote  ;  ami  lest  this  should  happen,  and  the  pre- 
Rcnt  coiidciiinution  of  President  Jackson  should 
heconie  the  precedent  foi'  such  an  odious  pro- 
ceeding;, the  evil  example  should  Im;  arrested, 
should  !•<•  lemrjved,  hy  <X|)UiiKinf;  the  pnsent 
sentence  from  the  journals  of  thi;  .Senat*'.  And 
here  Mr.  B.  would  avail  himself  of  a  vov,;i 
which  ha»l  often  la^en  heard  in  the  two  Horses 
of  Congress,  and  always  with  respect  and  ven- 
eration. It  was  tho  voice  of  a  wiso  man,  an 
honest  man,  a  good  man,  a  patriot ;  one  who 
knew  no  cause  hut  the  cause  of  his  country ; 
and  who,  a  (juarter  of  a  century  ago,  f  iresaw 
and  descrihed  tho  Bcenes  of  this  day,  and  fore- 
told the  coiiHcqucnces  wliich  must  have  liap|)en- 
cd  to  any  other  President,  under  the  circiim- 
Htances  in  which  President  Jackson  has  been 
placed.  He  spoke  of  Nathaniel  Macon  of  North 
Carolina,  and  of  the  sentiments  which  he  ex- 
pressed, in  the  year  1810,  when  called  upon  to 
give  a  vote  in  apfirohation  of  Mr.  Madison's 
conduct  in  dismissing  Mr.  Jackson,  tlu;  then 
ISritish  minister  to  the  I'nited  Stat»!S.  He  op- 
posed the  resolution  of  approbation,  because 
the  House  had  nothing  to  do  with  tlie  Presi- 
dent, in  their  legislative  character,  except  the 


paflHJng  of  IttWH,  calling  f'lr  information,  or  irn 
(leaching  i  and,  looking  into  the  evil  (tmiHi 
(piences  of  undertaking  to  jmlge  of  the  PriH 
dent's  conduct,  he  foretold  the  «!xact  predira 
ment  in  which  the  Senate  is  now  irividved,  wil 
respect  to  President  Jitckson.  Mr.  It.  the 
read  extracts  from  the  speech  of  Mr.  Ma«;on,  oi 
the  occasion  referred  to: 

"  I  am  opposed  to  the  resolution,  not  for  th 
reasons  which  have  been  offered  against  it,  no 
for  any  wliii;h  can  lie  tirawn  from  the  dotnimeni 
before  iiH,  but  becaiist;  I  am  opposed  to  iiddrcit^ 
ing  the  President  of  the  United  States  ii|ion  ani 
subject  whatever.  We  have  nothing  to  do  will 
him,  in  «>ur  legislative  character,  e.vcept  tin 
passing  of  laws,  ailling  on  him  for  informution 
or  to  im|ieacli.  On  the  day  of  the  presidentia 
election,  we,  in  common  with  our  fellow-ciii 
/.ens,  are  to  puss  (jii  his  conduct,  and  reKolullon^ 
of  this  sort  will  have  no  weight  on  that  diiy.  Ii 
is  on  this  ground  solely  that  I  am  opposed  t( 
adopting  any  resolution  whatever  in  relation  k 
the  Kxeciitive  conduct.  If  the  national  leginla- 
tiire  can  puss  resolutions  to  approve  tlie  con- 
duct of  the  President,  may  they  not  also  p,, 
resolutions  to  censure?  And  what  wouM  hi: 
the  situation  of  the  country,  if  we  were  now 
iliscrussing  a  motion  to  rc(|uest  the  Presidtnt  to 
recall  Mr.  Ja<;kson,  and  again  to  endeavor  t' 
negotiate  with  him?" 

(J.  Al  a  time,  <iikI inider  circHjuHtniirr.i^ldiu 
Viilnv  the  puliliral  lif^hlH  anil  pirunianj  inl 
rimlH ifthcp'iijilc oj the  United  JStaliH in svriwu 
injiinj  awl  picufiar  dimmer. — 'I'liiB  head  of  L 
argument,  Mr.  B.  said,  would  rcfpiire  a  develop 
ment  and    detail  which    he    had    not  (kcmc 
necc;   tiry  at  this   time,  considering  what  bl 
lieen  naid  by  him  at  the  last  sessifjii,  and  what 
would  now  Im;    said   by   otliern,    to   give  llie 
rea.soiis  which  ho  had  bo  briefly  touched.    Um 
at  this  point  he  approached  new  groiUHJ;  k 
entered    a  new    field ;    he   saw    an    cxttinl 
horizon  of  argument  and  fact  expand  kfi 
him,  and  it  lw;came  necessary  for  him  to  cx|iaiiii 
with   his  subject.      The  condemnation  of  tii 
President  is  indissolubly  connected  with  ll. 
cause  of  tho  bank  !     The  first  form  of  the  p 
solution  exhibited  the  connection  ;  the  sccii,' 
form  did  also  ;  every  sjieech  did  the  Kanic ;  f  r 
(!very  speech  in  condemnation  of  the  I'rifiditi 
was  in  justification  of  the  bank  ;  every  .siAci; 
in  justification  of  tho  President  wue  in  coo- 


I  in 


ANNO  1835.     ANDKKW  JACKSON.  I'KIMDKNT. 


535 


rnll'mn  for  inforniBtion,  or  iin- 

l(M)kiiiH  into  Uie  evil  roiiHf- 
.■rtukiiiK  t<.  jti'lK*'  of  H>"  '•'•'■''''• 
ho  tunUM  tho  «xii<t  \,ni\\rn. 
the  Sinali-  i«  ik'W  involved,  with 
isidi-nl  JiukMoii.  Mr.  H.  liitn 
•oiii  till)  K|ittcli  of  Mr.  Ma<.)ii,(,n 
rcrri'il  to: 

<'(!  t'»  tli«!  n-Holution,  not  for  tlm 
have  Uv.u  oirurrd  anaiimt  it,  nor 
•an  1k!  ilruwii  from  tho  (hxMinitnU 
l)«cauH»!  I  am  oppoHC'l  to  addrcs-r 
•lit  of  tlu!  Tnitfd  StatcH  iijioii  any 
■or.     We  have  nothing  to  do  with 
e^iHlutive  chararttr,  e.vcepl  ih; 
H  calliiij:  on  him  for  informiition, 
,  '  On  the  day  of  the  preHideiitial 
111  common   with  our  fellowcili. 
m  on  hiH  conduct,  and  ro.soluli.ms 
ill  have  no  weight  on  that  diiy.   Ii 
)und  solely  that  I  am  opjioswl  to 
resolution  whatever  in  relation  tu 
!  conduct.     If  iJif  national  icKi-la 
s  rcHoliitionH  to  approve  the  cmi 
I'rcHident,  may  they  not  also  \a„ 
o  censure  ?     And  what  wouM  U 

of  the  coimtry,  if  wo  were  iio« 
motion  to  rctiuest  tlu;  rresident  K 

[ikson,  and  again   to  endeavor  t, 

him?" 
nc,  anil  under  chcmnHlnnriH^toiH 

lliral  ri'^hlH  and  jnrninarn  inl'.- 
ofilc  ojlhf  United  Sldtm  in  Mcrim 

■cnliar  f/a«;!,'er.— This  head  of  lu 
B.  Hai<l,  wotdd  reiiuire  a  flevcloi^ 

eUil  which    ho    had    not  defiml 
this  time,  considorinK  what  hi^l 

him  at  the  la.st  HCHsion,  and  whai 

m;  said  hy  othors,  to  Rive  tlie 
I  ho  hail  »o  hrielly  toucheil.  lim 
ho  approached  new  Kro"'"';  li' 

low  field;  he  saw  an  exteiiiM 
■guraent  and  fact  expand  kfon 

lecamc  neccHBary  for  him  to  v\\mi 

ihjcct.  Tho  condemnation  of  llie 
indisHoluhly  connected  with  ik 
hank  !     Tho  first  form  of  the  re- 

.ihited  tho  connection  ;  the  wvd 

10  ;  every  siieech  did  the  same ;  k 
.  in  condemnation  of  the  I'tffidtii 

Ikation  of  U>o  bank  ;  every  »pt«li 
ion  of  the  President  wae  in  con- 


dfiniiation  of  the  hank  ;  and  thuH  tlu)  two  ol»- 
jf<:tH  were  identical  and  re<-ipro<;al.  Tho  at- 
tack of  oni!  WON  a  defen«Mi  «>r  the  other ;  llio 
ilircnce  of  one  waH  the  attack  of  the  other. 
And  tliuH  it  coiiliniK^i  for  tho  lon^;  proti'a<^ted 
inrioil  of  nearly  onu  hundred  <layH — from  l)e- 
ninU-r  '^'ith,  IH;;,!,  to  March  2Hih,  lH;i4— when, 
fur  nnHoiiH  not  explained  to  tho  .Senate,  u|M)ti  a 
priviite  conHiiltatiori  amoiiK  tho  friendM  of  the 
n<Hiiliition,  the  mover  of  it  came  forward  to  the 
St'cn'tary's  tahle,and  voluntarily  mode  the  alter- 
atjimn  which  cut  tho  connection  hetween  tho 
Imnk  and  the  renolution  !  hut  it  Htood  upon  tho 
record,  hy  utrikinn  out  every  tiling  relative  to 
the  (linniiKHnl  of  Mr.  Duane,  the  ap|H>intnient  of 
.Mr.  Tiiney,  and  tho  removal  of  the;  dojMiKilH. 
lint  the  alteration  wan  made  in  the  n-cord  only. 
The  connection  still  nuhHiHted  in  fact,  now  liven 
in  memory,  an«l  Hhall  live  in  history.  Ves,  sir, 
sail!  Mr.  It.,  addressing;  himself  to  tho  I'n-sifhnt 
of  the  Senate  ;  yes,  nir,  tho  condemnation  of  the 
Prenitieiit  was  indiHsoluhly  connected  with  the 
call  rtho  hank,  with  tho  removal  of  the  dc- 
[lositH,  the  renewal  of  tho  charter,  the  n^stora- 
tion  of  the  deposits,  tho  vindi<'ation  of  Mr. 
limine,  tlie  rejection  of  Mr.  Taney,  tho  fato  of 
elections,  the  overthrow  of  Jacknon'ri  adminis- 
tration, the  full  of  prices,  the  di.stress  meetin^^s, 
thu  ilistresH  memorials,  the  distivss  a)mmittees. 
lli(>  diytrtiSH  s[)i-ccheH  ;  and  all  tho  lon^  list  of 
hiiplei-s  nieasures  which  astonished,  terrified, 
afllicleil.  and  dee|)ly  injured  the  country  durinjr 
the  I'ln;^'  and  a(;onizod  protraction  of  the  famous 
pnnic  Hcssion.  All  these  thin^^s  arc  connoct«;d. 
Baiil  .Mr.  It. ;  and  it  hecami;  his  duty  to  place  a 
prt  of  the  proof  which  entahlishod  the  connec- 
tion licfnrc  the  Senate  ond  tho  peo|de. 

Mr.  It.  then  took  up  the  apfiendix  to  the  re- 
pfirt  made  by  tho  Senate'  "  mimittec  of  Finan<!e 
on  the  hank,  commonly  called  Mr.  Tyler's  re- 
port, anil  read  extracts  from  instrnctions  sent  to 
two-and-lwenty  hranches  of  the  hank,  contem- 
poraneoimly  with  the  proj^ross  of  the  dehate  on 
the  crimitiatinK  resolutions ;  the  ohject  and  ef- 
fect of  which,  ami  their  connecti»m  with  tho 
'ii'hate  in  the  Senate,  would  Ikj  quickly  seen, 
I'remiKinf;  that  the  hank  had  dispatched  orders 
to  the  same  hranches,  in  the  month  of  Aiipust, 
ami  had  ciirtaile<I  $|;4,()li('),()()0,  and  apiin,  in  the 
numth  (if  Octoher,  to  curtJiil  $r,,H2!),(m),  and  to 
inereaw!  the  rates  of  their  exchanp^,  and  had 
exprcHily  stated  in  a  circular,  on  tho  17th  of 


that  month,  that  this  rethn  lion  would  place  the 
hranches  in  a  pohition  of  nil  ire  securily,  Mr.  It. 
invoked  attentimi  to  the  shower  of  orders,  and 
their  dates,  which  he  v\a.s  ahoiit  to  read.  He 
read  paNHa^,'es  from  pii^;,,  77  i„  H2,  inclusive. 
They  were  all  exltiMt^  of  htliTs  from  the  pre- 
sidc'iit  of  the  hank  in  |Mr,on,  to  tho  presidenta 
of  tlio  hranches  ;  for  Mr.  M.  said  it  must  Is!  n;- 
memhered,  as  one  of  the  p<ciilinr  features  of  tho 
hank  attiuk  upon  tho  country  last  winter,  that 
the  whole  liUHiness  of  coiidnelin^  this  curtail- 
meiit,  an<l  riii.-<in(;  ex(diaiip-s,  and  doin^  whaUvor 
it  p!«asod  with  thu  romniorce,  currency,  and 
husincsH  of  the  (•ountry,  was  withdrawn  fn)m 
the  lioard  of  direclorh,  and  confided  to  one  of 
those  convenient  coiiimiltee.-t  of  which  tho  pres- 
ident is  (!X  oflicio  memher  and  creator;  and 
which,  in  this  case,  was  expressly  ahsolved  from 
ri'|s)ilinj(  totlie  Itoaid  of  directors!  Tho  letters, 
then,  are  all  from  Nicholas  Diddle,  pn^sidt-nt, 
and  not  from  Samuel  ■laudon,  cuhhier,  and  aro 
addntssed  direct  to  the  presidents  of  the  hranch 
hanks. 

When  Mr.  It.  had  finisheil  readin(i;  these  cx- 
rracts,  ho  turned  to  tho  ie|)orl  made  hy  the  sen- 
ator from  Virginia,  who  Hat  on  U'n  ri^ht  |.Mr. 
Tyler],  when^  all  that  wax  said  ahoiit  theno  ne-,v 
measures  of  hostility,  and  the  propriety  of  tho 
hank's  conduct  in  this  third  curtailment,  and  in 
its  increase  upf)n  rates  of  exchan^^e,  was  com- 
|>ressed  into  twenty  lines,  and  tho  wi.sdom  or  ne- 
cessity of  them  wen-  h  ft  to  Is;  pronoiinciMl  iifion 
hy  the  judgment  of  the  Senate.  Mr.  11.  would 
reail  those  twenty  lints  of  that  report: 

'The  whole  amount  of  1  e<luct ion  ordered  hy 
the  ahove  proceedings  (curtailment  ordered  on 
K(h  and  17th  of  Octoher)  was  !$.'),«2'),'.)(m.  Tho 
same  tahie,  No.  l,  exhihits  tho  fact,  that  on  tho 
2'M  of  January  a  further  p^duction  was  ordered 
to  tlio  amount  of  .^.'i,o2l),()<l(>.  Thin  was  com- 
municated to  tho  ofllces  in  lettern  from  tho  pro- 
sifhtiit,  statin);  '  that  the  pi-esont  situation  of  tho 
hank,  and  tho  new  measures  of  hostility  which 
arc  understood  to  Ik;  in  contf^mplation,  make  it 
ex|iedient  to  place  the  institution  l)eyond  tho 
reach  of  all  danger;  for  this  purpose,  I  am  di- 
rected to  instruct  your  oflico  to  conduct  its  husi- 
nosH  on  tho  following  footing'  (ap|M!ndix,  No. 
',),  cojjies  of  lett(!rh).  The  ofllce.^  of  Cincinnati, 
liOuisville,  Ix;xingtoii,  St.  Louis,  Nashville,  and 
Natchez,  were  further  flireeted  to  confine  them- 
Holves  to  ninctydaytt'  hills  on  lialtimoro, and  iho 


1  •  li 


fi3G 


TIIIR'n'  YRARS*  VIEW. 


1   iliS' 


citic'n  north  of  it,  of  which  thoy  were  allowed 
to  piirrhuw  nny  amount  tlicir  nicuiiM  would  jii.x- 
tifv:  nnd  to  Itills  on  New  Orleans,  which  tliey 
weretotnkconly  inimyinpntofitre-pxistinff  (lehlH 
to  the  Imnk  nnd  itH«dHee<;  while  the  odlce  ut 
New  ( )rleans  wn«  <lir»'eted  to  nlic  tain  from  drawing 
on  the  Western  offlces,  and  to  make  itH  pnr- 
cliaseH  mainly  on  the  North  Atlantic  cities.  The 
committee  has  thus  pivcn  a  fidl,  nnd  somewhat 
elalKiratc  detail  of  the  various  nie.usuie.s  resorted 
to  hy  the  hank,  from  the  l.'Uh  of  August,  IH.!.'!; 
of  their  wisdom  and  netvssity  the  Senate  will 
best  ho  aide  to  pronounce  n  correct  judgment." 

This,  .Mr.  II.  said,  was  the  meagre  and  stint<'<l 
manner  in  which  the  report  treated  a  tninsac- 
tion  which  he  would  show  to  Ik'  the  most  c<dd- 
blooded,  calculating,  an<l  diabolical,  which  the 
nnnals  of  any  country  on  this  side  of  Asia  could 
exhibit. 

(.Mr.  Tyler  here  said  there  were  two  pages  on 
this  subject  to  be  found  at  another  part  of  the 
report,  and  opened  the  ri'port  at  the  place  for 
Mr.  B.] 

Mr.  B.  said  the  two  pages  contained  b«it  few 
allusions  to  this  subject,  nnd  nothing  to  add  to 
or  vary  what  was  contained  in  the  twenty  lines 
lie  had  read.  He  looked  upon  it  as  n  great 
omission  in  the  report  ;  the  more  go  as  the  com- 
mittee had  been  expiessly  commanded  to  re- 
port upon  the  curtailments  and  the  conduct  of 
the  bank  in  the  business  of  internal  exchange. 
lie  had  hoped  to  have  had  searching  inriuiries 
and  detailed  statements  of  facts  on  these  .iial 
points.  lie  looked  to  the  senator  from  Virginia 
[Mr.  Tyler]  for  these  inquiries  and  statements. 
He  wished  him  to  show,  by  the  manner  in  which 
he  would  drag  to  light,  and  expose  to  view,  the 
vast  crimes  of  the  bank,  that  the  t)Id  Dominion 
was  still  the  mother  of  the  fJracchi ;  that  the 
old  lady  was  not  yet  forty-five ;  that  she  could 
breed  sons !  Sons  to  emulate  the  fame  of  the 
Scipios.  But  he  was  disappointed.  The  report 
was  dumb,  silent,  sjK'cchless,  upon  the  opera- 
tions of  the  bank  during  its  terrible  campaign 
of  panic  and  pressure  upon  the  American  peojjle. 
Andnrwhe  would  pay  one  instalment  of  the 
speech  which  had  been  promised  some  time  ago 
on  the  subject  of  this  report ;  for  there  was  part 
of  that  speech  which  n  as  strictly  applicable  and 
appropriate  to  the  head  ho  was  now  discussing. 

Mr.  B.  then  addressed  himself  to  the  senator 
from  Virginia,  who  sat  on  his  right  [Mr.  Tyler], 


and  re(]uestpd  him  to  supply  an  omission  in  hi 
rejKirt,  and  to  inrotiu  what  were  those  iic\ 
measures  of  hostility  alluded  to  in  the  two-am] 
twenty  Irfiers  of  instruction  of  the  bank,  nn< 
n-peated  in  the  report,  antl  which  were  mad 
the  pretext  for  this  third  curtailment,  and  (htii 
new  and  extraordinary  restricticms  and  im|Ki 
siiions  upon  the  purchase  of  bills  of  excliangi>. 

[Mr.  Tyler  answered  that  it  was  the  ix 
picted  prohibili.>n  upon  the  receivability  of  di 
branch  bank  <lraft8  in  payment  of  the  fedcra 
revenue.) 

.Mr.  B.  resumed:  The  senator  is  right.  Thosi 
drafts  are  mentioned  in  one  of  the  circidar  let 
ters,  and  but  one  of  them,  as  the  new  nieoMitn 
understood  to  be  in  contemplation,  and  whici 
understanding  had  been  made  the  pretext  fui 
scourging  the  country.  lie  (Mr.  B.)  was  in 
capable  of  a  theatrical  artifice — a  stage  trek- 
in  a  grave  debate.  lie  had  no  question  but  trui 
the  senator  could  answer  his  question,  nnd  he 
knew  that  he  had  answered  it  truly ;  bnt  ht 
wanted  his  testimony,  his  evidence,  against  tht 
bank  ;  he  wanted  proof  to  tic  the  bank  down  to 
this  answer,  to  this  pretext,  to  this  thin  dispiiH 
for  her  conduct  in  scourging  the  country.  The 
answer  is  now  given ;  the  proof  is  adduird ;  aiiv 
the  apprehended  prohibition  of  the  rcreivahiliiv 
of  the  branch  drafts  stands  both  as  tlic  pielcM 
and  the  sole  pretext  for  the  pressure  eomini'mvi 
in  January,  the  doubling  the  rates  of  oxclimnre 
breaking  up  exchanges  lictween  the  five  WiMim 
branch  banks,  and  concentrating  the  colliction 
of  bills  of  exchange  ujjon  four  great  conimtrcial 
cities. 

iMr.  B.  then  took  six  positions,  which  lie  cm: 
merated,  and  undertook  to  demonstrate  to  k 
true.     They  were : 

1.  That  it  was  untrue,  in  point  of  fact,  tliat 
there  were  any  new  mea-sures  in  conteinplatiutt 
or  actifiu,  to  destroy  the  bank. 

2.  That  it  was  untrue,  in  point  of  fact,  that  tin 
President  harbored  hostile  and  reven;,a'fiil  di'^ 
signs  against  the  existence  of  the  bank. 

3.  That  it  was  untrue,  in  point  of  fact,  thai 
there  was  any  necessity  for  this  third  curtail 
inent,  which  was  ordered  the  last  of  .January. 

4.  That  there  was  no  excuse,  justification,  oi 
apology  for  the  conduct  of  the  bank  in  n  lutioi 
to  domestic  exchange,  in  doubling  its  rates,  liri'ak 
ing  it  up  between  the  five  Western  liraiiciif- 
turning  the  collection  of  bills  upon  the  principi 


;'  ^ 


o 


ANNO  1835.     ANDREW  JACKSON,  I'RI-XinF'AT. 


f/S? 


lim  to  Bupply  no  oiniKHion  in  hit 
infonM  wlint  wfiv  tlmso  ww 
*liiity  iilliwlfd  toil!  the  two-oml- 
of  instruction  of  the  hunk,  niul 
'  report,  and  which  were  roiule 
tlii«  thinl  ciutuilnicnt, nml  Ihwo 
lordinary  rentrictions  and  impi^. 
ic  pui-chaflc  of  hills  of  exclmnfte. 
unswered  that  it  waH  the  tx- 
(■..,n  upon  the  i-ccelvahility  of  Ww 
Irufts  in  payment  of  the  fudcral 

ned:  The  senator  is  riRht.  These 
itioned  in  one  of  the  circular  let- 
)ne  of  them,  as  the  new  niea«iir« 

he  in  contcmplntion,  and  whicli 
;  had  been  made  the  pretext  fur 

country.  He  (Mr.  ».)  was  in- 
heatrical  artifice— a  sta^e  trd- 
mte.  lie  had  no  question  )mt  that 
)uld  answer  his  question,  nnd  he 
e  had  answered  it  truly ;  but  ho 
I'stimony,  his  evidence,  afrainst  the 
nted  proof  to  tie  the  bank  ilown  lo 
lo  this  pretext,  to  this  thin  di.^giu,^ 
ict  in  Bcoijrging  the  country.  The 
,v  (liven ;  the  proof  is  wlducid ;  an'l 
lied  prohibition  of  the  rcreivabiliiy 
I  drafts  stands  both  as  tlie  pretext 
n-eti'Xt  for  the  pressure  conum-mvl 

he  doublinp  the  rates  of  oxclmiipe 

xchanpes  l)etween  the  five  WiMeni 
s,  and  concentrating  the  collLclion 

hange  uiKjn  four  great  coimnereiai 

n  took  six  positions,  which  lie  cmi- 
undertook  to  demonstrate  to  k 

were : 

was  untrue,  in  p«dnt  of  fact,  that 
ny  new  measures  in  conteinplatiun. 
destroy  the  bank. 
was  untrue,  in  point  of  fact,  that  the 
iibored  hostile  and  reven-uful  (li- 
the existence  of  the  bank, 
was  untrue,  in  point  of  fact,  that 
jy  necessity  for  this  third  ciirtail- 
wa.s  ordered  the  last  of  January, 
lerc  was  no  excuse,  justificiilion.  or 
the  conduct  of  the  bank  in  r.  liition 
xchange,  in  doubling  its  rates, hmk- 
Iwcen  the  five  Western  braiitlie-, 
collection  of  bills  upon  the  principl 


coininercial  cities,  and  fori  idding  the  branch  at 
Xp\v  Orleans  to  purchase  hillM  on  any  part  of  the 

Woc«. 

r>.  That  this  curtailment  and  these  exchange 
regidatiiins  in  flaniiary  were  p)litical  and  re- 
yoiiitionary.  and  connected  themselves  with  the 
rtnohition  in  the  Senate  for  the  cimdemnatiun 
uf  President  Jackson. 

(*).  Tliat  the  distress  of  the  country  was  oc- 
fftsioned  by  the  Bank  of  the  United  States  and 
the  Siimte  of  the  United  States,  and  not  by  the 
removal  of  the  deposits. 

Having  stated  his  positions,  Mr.  B.  proceeded 
to  demonstrate  them. 

1.  As  to  the  new  measures  to  destroy  the 
bank.  Mr.  11.  said  thciv  were  n<»  such  measures. 
The  one  indicated,  that  of  stopping  the  re- 
ceipt of  the  branch  bank  drafts  in  payments 
to  the  Unitcil  States,  existed  nowhere  but  in 
the  two-aiid-twenty  letters  of  instruction  of  the 
president  of  the  l»ank.  There  is  not  even  an 
allegation  that  the  measure  existed;  thclanguage 
is  '•  in  contemplation  " — "  understood  to  be  in 
contoniphition , "  and  upon  this  flimsy  pretext 
3f  an  understanding  of  something  in  contempla- 
tion, nnd  which  something  never  took  place,  a 
get  of  rutldivs  orders  are  sent  out  to  every  quar- 
ter of  the  Inion  to  make  a  presstirc  for  money, 
and  to  embarrass  the  domestic  exchanges  of  the 
Union.  Three  days  would  have  brought  an 
answer  from  Washington  to  Philadelphia — from 
the  Treasury  to  the  bank  ;  and  let  it  he  known 
that  tliere  was  no  intention  to  stop  the  receipt 
of  thc.<e  drafts  at  that  time.  But  itwoidd  seem 
that  the  bank  did  not  recognize  the  legitimacy 
of  Mr.  Taney's  appointment!  and  therefore 
woidd  not  condescend  to  correspond  with  him 
an  Secretary  of  the  Treasury  !  But  time  gave 
the  answer,  even  if  the  bank  would  not  inquire 
at  the  Treasury.  Day  after  day,  week  after 
week,  month  after  month  passed  off,  and  these 
re<loubtable  new  measures  never  mad''  'heir  ap- 
pearance. Why  not  then  stop  the  ctu  lilment, 
and  restore  the  exchanges  to  their  fomi«  r  foot- 
ing ?  February,  March,  A|)ril,  May.  Jnnc  five 
months,  one  hundred  and  fifty  days,  all  passed 
away ;  the  new  measures  never  came ;  and  yet 
the  pressure  upon  the  country  was  ^ept  up;  the 
two-and-twcnty  orders  were  contin  ed  in  force. 
What  can  be  thought  of  an  institu  on  which, 
being  armed  by  law  with  powei  over  the 
moneyed  system  of  the  whole  country,  should 


proceed  to  exercise  that  |K)wer  to  dist  hss  that 
cotnitry  for  money,  u|H>n  an  understanding  tliat 
something  was  in  contemplation;  and  nc^vr  in- 
quire if  its  lUKlerstandiiig  was  corrc<'t,  nor  ceaso 
its  operations,  when  each  suecossive  «iay,  for 
one  hundred  and  fifty  days,  proved  t'.  it  that 
no  such  thing  was  in  contemplation  ?  At  last, 
on  the  27th  of  Juno,  «vhen  the  presniro  is  to  bo 
relaxed,  it  is  done  upon  another  ground ;  not 
upon  the  groim<I  that  the  new  measures  had 
never  taken  effect,  but  because  Congress  was 
altout  to  rise  without  having  done  any  thing  for 
the  Imnk.  Hero  is  a  clear  confession  that  the 
allegation  of  new  mea-sures  was  a  mere  pretext; 
and  that  the  motive  was  to  f»pcrate  upon  Con- 
gress, and  force  a  restoration  of  the  deposits,  and 
a  renewal  of  the  charter. 

Mr.  B.  said  he  knew  all  about  these  drafts. 
The  President  always  condemned  their  legality, 
and  was  for  stopping  the  receipt  of  them.  Mr. 
Taney,  when  Attorney  Oeneral,condenmed  them 
in  18IU.  Mr.  B.  had  applied  to  Mr.  Mcl.ane,  in 
1832,  to  stop  them ;  but  he  came  to  no  decision. 
He  applied  to  Mr.  Duanc,  by  letter,  as  soon  as 
he  came  into  the  Treasury;  but  got  no  answer. 
He  applied  to  Mr.  Taney  as  socm  as  he  arrived 
at  Washington  in  the  fall  of  183.3 ;  and  Mr.  Tuney 
decided  that  he  would  not  stop  them  until  the 
moneyed  concerns  of  the  country  had  recovered 
their  trancjuillity  and  prosperity,  lest  llie  liank 
shoidd  make  it  the  pretext  of  new  attempts  to 
distress  the  country ;  and  thus  the  very  thing 
which  Mr.  Taney  refused  to  do,  lest  it  shoidd 
be  made  a  pretext  for  oppression,  was  falsely 
converted  into  a  pretext  to  do  what  he  was  de- 
termined they  should  have  no  pretext  for  doing. 

But  Mr.  B.  took  higher  ground  still ;  it  was 
this :  that,  even  if  the  receipt  for  the  drafts  had 
been  stopped  in  January  or  February,  there 
woidd  have  been  no  necessity  on  that  account 
for  curtailing  debts  and  embarrassing  exchanges. 
This  ground  he  sustained  by  showing — 1st. 
That  the  bank  hud  at  that  time  two  millions  of 
dollars  in  Europe,  lying  idle,  as  a  fund  to  draw 
bills  of  exchange  upon ;  and  the  mere  sale  of 
bills  on  this  sum  would  have  met  every  demand 
which  the  rejection  of  the  drafts  could  have 
thrown  upon  it.  2.  That  it  sent  the  money  it 
raised  by  this  curtailment  to  Europe,  to  the 
amount  of  throe  and  a  half  millions ;  and  thereby 
showed  that  it  was  not  collected  to  meet  any 
demand  at  home.    3d.  That  the  bonk  hod  at 


538 


THIRTY  YEARS'  VIEW. 


;  H  lb 


'.V 


that  time  (Jnntmry,  18:54)  the  Hum  of  $4,230,500 
of  public  money  in  hand,  and  then-foiv  had  Uni- 
ted Stales  .nonry  enough  in  possession  t.)  bal- 
ance any  injurj'  from  rejection  of  drariS.  4th. 
That  the  bank  had  notes  enough  on  hand  to  sup- 
ply the  jilace  of  all  the  drafts,  even  if  they  were 
all  driven  in.  Sth.  That  it  had  stopiicd  the  re- 
ceipt of  these  branch  drafts  itself  at  the  branches, 
except  each  for  its  own  in  Nov  mber,  1833,  and 
was  oonipeUed  to  resinnc  their  receipt  bj*  the 
energetic  and  just  cond>»ct  of  Mr.  Taney,  in  giv- 
ing trunefer  drafts  to  be  used  against  the  branch- 
es which  would  not  honour  the  notes  and  drafts 
of  the  other  branches.  Here  Mr.  B.  turned  up- 
on Mr.,  Tyler's  rejxirt,  and  severely  arraigned  it 
for  alleging  that  the  bank  always  honored  its 
paper  at  erery  point,  and  furnishing  a  supply  of 
negative  testimony  to  prove  that  assertion, 
when  there  was  a  Invgo  mass  of  positive  ♦<'.<ti- 
mony,  the  disinte-.csted  evidence  of  numerous 
respectable  persons,  to  prove  the  contrary,  and 
which  tile  committee  had  not  noticed. 

Finally,  M.  B.  had  recourse  to  Mr.  Biddle's 
own  testimony  to  annihilate  his  (Mr.  Biddle's) 
afl'ected  alarm  for  the  destruction  of  the  bank, 
and  the  injury  to  the  country  from  the  repidsc 
of  these  famous  branch  drafts  from  revenue  pny- 
iiu'Pts.  It  was  in  a  letter  of  Mr.  Biddle  to  Mr. 
Woodbury  in  the  fid  1  of  1834.  when  the  receipt 
of  these  drafts  was  actually  stopped,  and  in  the 
order  which  was  issued  to  the  branches  to  con- 
tinue to  issue  them  a.s  uiual.  Mr.  B.  read  a 
passage  from  this  letter  t  -  s*-ow  that  the  receipt 
of  these  drafts  was  always  a  mere  Truasary  ar- 
rangement, in  which  the  bank  felt  no  interest ; 
that  the  refueul  to  receive  them  was  an  object 
at  all  times  of  perfect  indiflerence  to  the  bank, 
and  would  not  have  been  even  noticed  by  it,  if  Mr. 
Woodbury  had  not  sent  him  a  copy  of  his  circular. 

Mr.  B.  invoked  the  attention  of  the  Senate 
upon  the  fatal  contradictions  which  this  letter 
of  NovemlxT,  and  these  instructions  of  January, 
1834,  exhibit.  In  Jannary,  the  mere  imder- 
Btanding  of  a  design  in  contemplation  to  exclude 
those  drafts  from  revenue  payments,  is  a  danger 
of  such  alarming  mngnitude,  an  invasion  of  the 
rights  of  the  barik  in  such  a  flagrant  manner,  a 
proof  «)f  such  vindictive  determination  to  pros- 
trate, sacrifice,  and  ruin  the  institutirm,  that  the 
entire  continent  must  l)e  laid  under  contribution 
to  rai.se  money  to  enable  the  institution  to  stand 
the  shock !    November  of  the  same  yoitr  when 


the  ortler  for  the  rejection  actually  comes,  then 
the  same  measure  is  declared  io  be  one  of  Uio 
utmost  indiflerence  to  the  bank  ;  in  whicii  it 
never  felt  any  interest;  which  the  Tivasiiry 
adoptetl  for  its  own  convenience ;  wliich  was  al- 
ways under  the  exclusive  control  of  the  Trciv 
sury  ;  about  which  the  bank  had  never  express- 
ed a  wish;  of  which  it  would  have  taken  no 
notice  if  the  Secretary  had  not  sent  them  a  cir- 
cular ;  and  the  expediency  of  which  it  was  not 
intended  to  question  in  the  remotest  degree! 
Having  jiointed  out  these  fatal  contradictions, 
Mr.  B.  said  it  was  a  case  in  which  the  emphatic 
ejaculation  might  well  be  repeated :  Oh !  that 
mine  enemy  would  write  a  book  ! 

To  put  the  seal  of  the  bank's  contempt  on  the 
order  prohibiting  the  receipt  of  the.se  drafts,  to 
show  its  disregard  of  law,  and  its  ability  to  sus- 
tain its  drafts  up(m  its  own  resources,  and  with- 
out the  advantage  of  government  receivaliility, 
Mr.  B.  read  the  order  which  the  president  of  the 
bank  addressed  to  all  the  branches  on  the  receipt 
of  the  circular  which  gave  him  information  of 
the  rejection  of  these  drafts.  It  was  in  liicsc 
words:  "This  will  make  no  alterati<m  wlia'ever 
in  your  practice,  with  regard  to  issuing  or  pay- 
ing these  drafts,  which  you  will  continue  as  lure- 
tofore."  What  a  pity,  said  Mr.  B.,  that  tlie  jm'- 
sident  of  the  bank  could  not  have  thought  of 
issuing  such  an  ordrras  this  in  January,  in.xtcail 
of  sending  forth  the  manrlate  for  curtailing  tltbts, 
embarrassing  exchange,  levj-ing  three  millions 
and  a  half,  alarming  the  country  with  the  cry 
of  danr,er,  and  exhibiting  Pro  ident  Jackson  as 
a  vi'.idjctive  tyrant,  intent  u|)on  the  ruin  of  tluj 
bamk ! 

2.  The  hostility  of  the  President  to  the  bank. 
This  assertion,  .said  Mr.  B.,  so  incontinently  rc- 
iienited  by  the  president  of  the  bank,  is  taken 
up  and  repeated  by  our  Finance  Comniittte,  to 
who.se  rejKJrt  he  wa«  now  paying  an  instalnii'iit 
of  tho.se  respects  which  he  had  promised  tlivm. 
This  assertion,  so  far  as  the  bank  and  the  cum- 
mittec  are  concerned  in  making  it,  is  an  asser- 
tion without  evidence,  and,  so  far  as  the  fatts  arc 
concerned,  is  an  assertion  against  evidence.  If 
thert'  is  any  evidence  of  the  bank  or  the  coniniittco 
to  supiHirt  tiijs  as,sertion,  in  the  f<  ' y  |)ages  of  the 
report,  or  tliL' three  hundred  pages  ortheappoudix, 
the  four  mcinbers  of  the  Financt;  Committee  can 
produce  it  vvhen  they  come  to  irply.  That  there 
was  evidence  to  contradict  it,  be  was  now  ready 


ANNO  1835.     ANDREW  JACKSON,  PRESIDENT. 


539 


■joction  notuaily  comes,  then 
18  declared  io  be  one  of  the 

to  the  bank ;  in  whicn  it 
eiest;  which  the  Treasury 
1  convenience ;  wliich  was  al- 
ichjsivc  control  of  the  Trcor 

the  bank  had  never  cxpress- 
ich  it  would  have  taken  no 
;ary  had  not  Bcnt  them  a  cir- 
lediency  of  which  it  was  not 
ion  in  tlic  remotest  degree! 
it  these  fatal  contradictions, 
a  case  in  which  the  cniphatio 
well  be  a-jHiated :  Oh !  that 
I  write  a  b<K)k  ! 
of  the  bank's  contempt  on  tho 
the  receipt  of  these  drafls,  to 
1  of  law,  and  its  ability  to  sus- 
n  it.s  own  resources,  and  with- 

of  government  receivability, 
rder  which  the  president  of  tlie 

I  all  the  branches  on  the  receipt 
hich  gave  him  information  uf 
hese  drafts.     It  was  in  tlie.sc 

II  make  no  alteration  wlia'evcr 
with  regiird  to  issuing  or  pay- 
vhich  you  will  continue  as  lurc- 
,  pity,  said  Mr.  11.,  that  the  pr> 
ik  could  not  have  thought  of 
rdrras  this  in  January,  instml 
lie  mandate  for  curtailing  dtbts, 
ihange,  levying  three  millions 
|ing  the  country  with  the  cry 

hibiting  Pro  ident  .Jackson  as 
t,  intent  ujwn  the  ruin  of  tlio 

of  the  President  to  the  bank. 
|d  Mr.  11.,  so  incontinently  re- 
resident  of  the  bank,  's  takin 
)y  our  Finance  Committee,  to 
lva.s  now  paying  an  instiilnunt 

■hich  he  had  jirojnised  tlicin. 
far  as  the  bank  and  the  coin- 
Ined  in  making  it,  is  an  a.sse^ 
lonce,  and,  so  far  as  tlie  fmts  arc 
]s8crtion  against  eviilence.  If 
ice  of  the  bank  or  the  coniniittoo 
^erticm,  in  the  f<    '  y  pages  of  tlic 

■  hundred  pages  of  Iheappendix, 

of  the  Financt;  Committee  can 
jioy  come  to  r' ply.    That  tliero 

ontradict  it,  he  was  now  ready 


to  show.     This  evidence  consisted  in  four  or  five 
rmhlii"  and  prominent  fiicts,  which  he  would  now 
nio'ition,  and  in  other  circumstances,  which  he 
wotil'l  ohow  hcroafler.     The  first  was  the  fact 
which  he  mentioned  when  this  report  was  first  read 
on  the  18th  of  December  last,  namely,  that  Presi- 
dent .Fnckson  had  nominated  Mr.  Biddle  at  the 
head  of  the  government  directors,  and  thereby 
indicated  him  for  the  presidency  of  the  bank,  for 
three  successive  years  after  this  hostility  was 
FU|>p<>si'd  to  have  commencc<l.     The  second  was, 
that  tho  President  had  never  ordered  a  wire 
ftu'itin  to  is8»ic  against  the  bank  to  vacate  its 
charter,  which    he  has   the   right,  under  the 
twenty-third    section    of    tho  charter,   to  do, 
whenever  he  believed  the  charter  to  be  violated. 
Tho  thinl.  that  during  many  years,  he  has  never 
refjuire  1  his  Ftcretaries  of  the  Treasury  to  stop  the 
governmental  receipt  of  the  branch  bank  drafts, 
although  his  own  mind  upon  their  illegality  had 
been  made  up  for  several  years  past.     The  fourth, 
that  after  all  the  clamor — all  the  invocations 
upon  heaven  and  earth  against  the  tyranny  of 
removing   the    deposits — those   deposits   h^ve 
n"ver  iiapjiened  to  be  quite  .ntirely  removed! 
An  average  of  near  foiir  millions  of  dollars  of 
pnlilic  money  has  remained  in  the  hands  of  the 
hank  for  each  month,  from  the  1st  of  October. 
1S:^3,  to  the  Ist  of  January,  18.'r),  inclusively  ! 
embracing  the  entire  period  from  the  time  the 
order  was  to  take  effect  against  depositing  in  the 
Bank  of  the  United  Slates  down  to  the  com- 
mencement of  the  present  year  !     So  far  are  the 
deposits  from  being  quite  entirely  removed,  as 
the  public  are  led  to  believe,  that,  at  the  distance 
of  fifteen  months  from  the  time  the  order  I'or  the 
removal  began  to  take  effect,  there  reniain(<d  in 
the  hands  of  the  bank  the  large  sum  of  three 
millions  eight  hundn^d  and  seventy-eight  thou- 
sand nine  hundred  and    fifty-one  dollars  and 
ninety-seven  cent^',  acconliiig  to  her  own  .show- 
ing in  her  monthly  statements.    That  Pres'-lent 
Jackson  is,  and  always  has  been,  opposed  to  the 
existence  of  the  bank,  is  a  fact  ns  true  as  it  is 
honorable  to  him;  that  he  is  hostile  to  it,  in  the 
Tindirtive  and  revengeful  sense  of  the  phrase,  is 
an  assertion,  Mr.  B.  would  take  the  liberty  to 
repent,  without  evidence,  so  far  ns  \\v  could  see 
into  the  proofs  of  tho  committee,  and  ag.iinst  evi- 
dence, to  tho  full  extent  of  nil  the  testinifmy 
within  his  view.     Far  from  indulging  in  n'venge- 
ful  resentment  against  tho  bank,  ho  has  been 


patient,  indulgent,  and  forelienring  towards  it,  to 
a  degree  hanlly  compatible  with  his  duty  to  his 
country,  and  with  his  constitutional  suiieiTision 
over  the  faithful  execution  of  the  laws ;  to  a  de- 
gree which  has  drawn  u|)on  him,  ns  a  deduction 
from  his  own  conduct,  an  argument  in  favor  of 
the  legality  of  this  very  branch  bank  i-urrency, 
on  the  part  of  this  very  committee,  as  may  be 
seen  in  their  report.     Again,  tho  very  circum- 
stincc  OP  which  this  charge  of  hostility  rests  in 
the  two-aml-lwenty  letters  of  Mr.  Iliddie,  proves 
it  to  be  untrue  :  for  the  stoppage  of  the  drafts, 
understood  to  be  in  contemplation,  was  not  in 
contemplation,  and  did  not  take  place  until  tho 
jK'cuniary  concerns  of  the  country  were  tranipiil 
and  prosperous;    and  when   it  did  thus   take 
place,  the  president  f)f  the  bank  declared  it  to 
have  been  always  the  exclusive  right  of  the  gov- 
ernment to  do  it,  in  which  the  bank  hail  no  in- 
terest, and  for  which  it  cared  nothing.     No,  said 
Mr.  B.,  the  President  has  opposed  the  ^charter 
of  the  baiiK ;  he  has  not  attacked  its  pnsiiit 
charter;  he  has  opposed  its  future,  not  its  jire- 
sent  existence  ;  and  those  who  ehariielerlze  this 
opimsition  to  a  future  charter  as  attacking  the 
bank,  and  destroying  the  bank, must  alniit  that 
they  advocate  the  hereditary  right  of  the  bank 
to  a  new  charter  after  the  (dil  one  is  out ;  and 
that  they  deny  to  a  public  man  the  ri|;ht  of  op- 
posing that  liere<litary  <laiin. 

3.  That  there  was  no  necessity  for  this  third 
curtailment  ordered  in  .January.  .Mr.  B.  said, 
to  have  a  full  concejition  of  the  truth  uf  this  po- 
sition, it  was  proper  to  rec!)llcct  that  the  bank 
made  its  first  curtailment  in  August,  when  the 
apiKiintment  of  an  agent  to  arrange  with  the  <lc- 
posit  banks  announced  the  fact  that  the  Bank  of 
the  United  States  was  soon  to  cease  to  be  tho 
dejKisitory  of  public  moneys.  The  reducti(m 
under  that  first  curtailment  was  l|it4,0()(),()lX). 
The  second  .vas  in  October,  and  under  that  or- 
der for  curtailment  the  reduction  wius  .'gi.')  H'25,()00, 
The  whole  reduction,  then,  consequent  upon  the 
exjiected  and  actual  removal  ''  deposits,  was 
,^n,801,()()0.  At  the  snine  ti  i  e  the  whole  amount 
of  deposits  on  the  first  day  of  October,  the  day 
for  the  removal,  or  rather  fo<"  theci',s,salion  tode- 
jiosit  in  the  I  iiited  States  Bank  lo  tnkv  eliect,  was 
1^9  808,4:15 ;  and  on  the  first  day  of  February, 
18.14,  when  the  third  curtailment  was  ordered, 
there  were  still  ,^'!,0('ifi,r»r) I  of  these  deposits  on 
hand,  and  have  ramainnd  o'    hand  to  near  that 


540 


TmRTY  YEARS'  VIEW. 


m 


« i 


\  ill.?  ' 


amount  ever  since ;  ro  that  the  bank  in  tlic  two 
first  curtnilmonts,  nccomplishcd  lictwccn  Auf^tnt 
ami  January,  had  actually  curtailed  to  the  whole 
amount,  and  to  the  exact  amoinit,  upon  precise  ' 
calnilation,  of  the  amount  of  depoHits  on  hand 
on  the  first  of  October ;  and  still  had,  on  the 
flrnt  of  January,  a  fracti<m  over  three  millionn 
of  the  deposits  in  its  possession.  This  simple 
RtntemeE'.^  of  sums  and  dates  shows  that  there 
was  no  necesc'ity  for  ordering  a  further  reduction 
of  .$.1,320,000  in  January,  as  the  bank  harl  al- 
ready curtail'.d  to  the  whole  amount  of  the  ue- 
posits,  and  .$22,.')00  over.  Xor  did  the  bank  put 
the  third  curtailment  upon  that  pround,  but  up- 
on the  new  measures  in  contemplation  ;  thus 
leaving  her  advocates  every  where  still  to  attri- 
bute the  pressure  created  by  the  third  curtail- 
ment to  the  old  cause  of  the  removal  of  the  de- 
posits. This  simple  statement  of  facts  is  suffi- 
cient to  show  that  this  third  curtailment  was 
unnecessary.  What  confirms  that  view,  is  that 
the  bank  remitted  to  Europe,  as  fast  as  it  was 
collected,  the  whole  amount  of  the  curtailment, 
and  $10r>,0(M)  over;  there  to  lie  idle  until  she 
<;ould  raise  the  foroipn  exchange  to  eip;ht  prr  cent, 
above  pnr;  which  she  had  sunk  to  five  per  cent. 
Im'Iow  par,  and  thus  make  two  sets  of  profits  out 
of  one  operation  in  di,stressing  and  pressing  the 
country. 

4.  No  excuse  for  doubling  the  rates  of  ex- 
chang«\  bn-aking  up  the  exchange  business  in 
the  West,  forbidding  the  branch  at  New  Orleans 
to  purchase  a  single  bill  on  the  West,  and  con- 
centrating the  collection  of  exchange  on  the  four 
great  commercial  cities.  For  this,  Mr.  B.  said, 
nf)  apology,  no  excuse,  no  justification,  was  of- 
fen'd  by  the  bank.  The  act  stood  unjustified 
and  unjust ifialde.  The  bank  itself  has  shrunk 
from  the  attem|)t  to  justify  it;  our  conunittce. 
in  that  re|>ort  of  which  the  bank  proclaims 
itself  to  Ir-  so  proud,  gives  no  opinion  in  its 
brief  not  ice  of  a  few  lines  upon  this  transaction; 
but  leaves  .t  t»>  the  Senate  to  pronounce  iipt/n 
its  wisdom  and  necessity  !  The  committee,  .Mr. 
R  said,  had  failed  in  their  duty  to  tlu'ir  coimtry 
by  the  manner  in  whir-h  they  had  veiled  this 
affftir  of  the  exdmngt's  in  a  few  linos;  and  then 
blinked  the  (|iu'stion  of  its  enormity,  by  nTer- 
ring  it  to  the  judgment  of  the  Senate.  lie  made 
the  same  n-ma.'k  upon  the  contem|K)raneous 
measure  of  the  third  ciirtailuient ;  and  called  on 
the  author  of  the  r.'port  [Mr.  TylerJ  to  defend 


his  report,  and  to  defend  thecon<luct  of  the  bank 
now,  if  he  could ;  and  requested  him  to  receive 
all  this  part  of  his  speech  as  a  further  instal- 
ment paid  of  what  was  due  to  that  report  on  the 
bank. 

5.  That  the  curtailment  and  exchange  re- 
gulations of  January  were  political  and  revo- 
lutionary, and  connect  themselves  with  the 
contemporaneous  proceedings  of  the  Senate  for 
the  condemnation  of  the  President.  That  tlii.s 
curtailmcut,  and  these  regulations  were  wanton 
and  wicked,  was  a  proposition,  .Mr.  I),  said, 
which  resulted  as  a  logical  conclusion  from  u  iiat 
ha<l  been  already  shown,  namely,  that  tliey  wore 
causeless  and  unnecessary,  and  done  upon  pre- 
texts which  have  been  demonstratx;d  to  bo  fulsc. 
That  they  were  political  and  revolutionary,  and 
connected  with  the  proLCcdings  in  the  Senate 
for  the  condemnation  of  the  President,  he  would 
now  prove.  In  the  exhibition  of  this  proof,  tlic 
first  thing  to  be  looked  to  is  the  chronolngy  of 
the  evcnt.s — the  time  at  which  the  bank  iiiiuic 
this  third  curtailment,  and  sent  forth  these  ex- 
change regulation.s — and  the  time  at  wliicli  the 
Senate  carried  on  the  proceeding  against  the 
President.  Viewed  umler  this  asfiect  the  two 
movements  arc  not  only  connected,  but  idonticd 
and  inseparable.  Tlie  time  for  the  condoiiination 
of  the  President  covers  the  period  from  the  L'.')th 
of  Decemlx'r,  18.13,  to  the  28th  of  March,  IS.U; 
the  bank  movement  is  included  in  the  sninc 
|H.'rio<l ;  the  orders  for  the  pressure  were  isguod 
from  the  21st  of  January  to  the  1st  of  Felmiury, 
and  were  to  accomplish  their  elfect  in  the  month 
of  March,  and  by  the  first  of  April ;  except  in  one 
pliu-e,  where,  for  a  rea.son  which  will  lie  shown 
at  a  proper  time,  the  accomplishment  of  the 
effect  was  protracted  till  the  lOth  day  of  April. 
These,  .Mr.  IJ.  t-aid,  wore  the  dates  of  issuing  tlio 
orders  and  accom;)!ishing  their  ofi'ect;  the  date 
of  the  adoption  of  the  resolution  in  the  hank  for 
this  movement  is  not  given  in  the  report,  Imt 
must  have  lueii.  in  tli'^  natureof  things,  anterior 
to  tiic  issue  of  the  i>rders ;  it  must  have  Iwon 
some  days  liefore  the  issue  of  the  orders ;  and 
was,  in  ail  probability,  a  few  days  afier  the  com- 
nu'iiceinent  of  the  movement  in  the  Senate 
ajjaiiist  the  President.  The  next  point  of  cun- 
nection,  Mr.  B.  said,  was  in  the  subject  nialter; 
and  hero  it  was  neces,<ary  to  recur  to  tlie  m  i|;in;il 
form,  and  to  the  second  form,  of  tlic'resohitiun 
fur  the  condemnation  of  the  President.    lu  thv 


i;l^; 


ANNO  1835.     ANDREW  JACKSON,  PRESIDENT. 


541 


ifeml  the  conduct  of  the  bank 
iid  requested  lum  to  receive 
,  speech  aa  a  fiirthcr  instal- 
wfts  due  to  that  report  on  the 

rtailmcnt  and  exchange   rc- 
ary  were  political  and  revo- 
jnncct   themselves  with    the 
proceedings  of  the  Senate  for 
of  the  President.    That  tliis 
hese  regulations  were  wanton 
a  proposition,   Mr.  B.  said, 
a  logical  conclusion  from  what 
shown,  namely,  that  they  were 
lecessary,  and  done  upon  pre- 
bccn  demonstnitA-'d  to  be  falsi;. 
(olitical  and  revolutionary,  and 
;he  proceedings  in  the  Senatu 
ition  of  the  President,  he  would 
the  exhibition  of  this  proof,  the 
looked  to  is  the  chronology  of 
time  at  which  the  bunk  made 
Imcnt,  and  sent  forth  (licse  ex- 
ns— and  the  time  at  which  tlio 
on  the  proceeding  against  the 
wed  umler  this  as|)tTt  the  two 
not  only  connecteil.  but  identicid 
The  time  for  the  condemnation 
covers  the  period  from  the  L'.'ith 
:i.3,  to  the '28th  of  March,  18:U; 
inent  is   included  in  thi;  same 
Ts  for  the  pressure  were  issued 
January  to  the  1st  of  Fibruary, 
Dmplish  their  clfect  in  the  month 
the  first  of  April ;  except  in  one 
a  rea.son  which  will  Ik;  shown 
,ic,  the  accomplishment  of  the 
dieted  till  the  IDth  day  of  April. 
id,  were  the  dates  of  issuiiiir  the 
|n-ilishing  their  elVect ;  the  date 
)f  the  resohition  in  the  bank  for 
|s  not  given  in  the  report,  Imt 
iu  th''  natureof  thhigs,antiTior 
he  rrders  ;  it  nmst  have  been 
V  the  issue  of  the  onltis ;  and 
ibility,  a  few  days  after  tlic  mn- 
the   movement  in   tlie  Senate 
idont.    The  next  point  of  coii- 
jsaid,  was  in  the  subjert  mutter ; 
iccessary  to  n-cur  to  the  oi  i^;iiiul 
Hocond  form,  of  tin'  resolution 
lation  of  the  President.    In  thv 


first,  or  primordial  fi)rm,  the  resolution  was  ex- 
pressly connected  with  the  cause  of  the  bank. 
It  wns,  for  dismi.<8ing  Mr.  Duano  because  he 
would  not  remove  the  deposits,  and  appointing 
Mr.  Taney  because  he  would  remove  them.     In 
the  second  f«<rm  of  the  resolution — that  form 
n-hich    naturalists   would  call   its  aurelia,   or 
chrysalis  state — the  phraseology  of  the  connec- 
tion was  varied,  but  still  the  connection  Mas 
retained  and  expressed.     The  names  of  Mr. 
Duane  and  Mr.  Taney  were  dropped ;  and  the 
removal  of  the  deposits  upon  his  own  responsi- 
bility, was  the  alleged  oflence  of  the  President. 
In  its  third  and  ultimate  transformation,  all  al- 
lusion t"  the,  bank  was  dropi)ed,  and  the  vague 
term  "  revenue  "  Wiis  substituted ;  but  it  was  a 
substitution  of  phrase  only,  without  any  altera- 
tion of  sen.sc  or  meaning.     The  resolution  is  the 
sani"  under  all  its  phases.     It  is  still  the  bank, 
and  Mr.  Taney,  and  Mr.  Duane,  and  the  removal 
of  the  deposits,  which  arc  the  things  to  be  un- 
derstood, though  no  longer  prudent  to  express. 
All  these  substantial  objects  are   veiled,  and 
puhstitutcd  by  the  empty  phrase  "  revenue ; " 
which   might   signify  the  force   bill    in   South 
Carolina,  and  the  bank  question  in  Philadelphia! 
The  vagueness  of  the  expression  left  every  gen- 
tleman to  fight  upon  his  own  hook,  and  to  hang 
his  vote  upon  any  mental  reservation  which 
could  lie  found  in  his  owu  mind  !  and  Mr.  B. 
would  go  befiTC  the  intelligence  of  any  rational 
man  with  the  declaration  that  the  connection 
between  the  condetnnation  of  the  President  and 
tlie  cause  of  the  bank  was  doubly  proved  ;  fii-st 
by  the  wonls  of  the  resolution,  and  next  by  the 
omission  of  those  words.    The  next  point  of 
connection,   Mr.   B.   said,  was  <letected  in  the 
times,  varied   to  suit  each  State,  at  which  the 
pre,«>ure  under  the  curtailment  was  to  reach  its 
maximum;  and  the  manner  in  which  the  re- 
strictions ujjon  the  sale  and  purchase  of  bills 
of  exchange  was  made  to  fall  exclv.sivvly  and 
heavily  upon  the  principal  comiu'  rc'al  cities,  at 
the  moment  when  most  deeply  engaged  in  the 
purchase  and  shipment  of  protliuv.     Thu.s,  in 
New-York,  where   the  glial  chiuter  elections 
were  to  take  place  during  the   first   week  in 
.\pril,  the  curtailment  was  to  r.aeh  its  maximum 
lir.'6sure  on  the   first   day  of  that  month.     In 
Viririnia,   where    the  elections    are  continued 
throujihout  the  whole  month  of  April,  the  pres- 
lure  wns  not  to  reach  its  clinuax  until  the  tenth 


day  of  that  month.    In  Connecticut,  where  the 
elections  occurred  about  the  first  of  A]>ril,  the 
pressure  was  to  have  its  last  turn  of  the  screw 
in  the  month  of  March.    And  in  these  three  in- 
stances, the  only  ones  in  which  the  elections 
were  depending,   the  political   bearing  of  the 
pressure  was  clear  and  undeniable.    The  sym- 
pathy in  the  Senate  in  the  results  of  those  poli- 
tical calculations,  was  displayeil  in  the  exultation 
which  brjke  out  on  receiving  the  news  of  the 
elcctirns  in  Virginia,  New- York,  and  Connectioit 
— 8Ti  exultation  which  broke  out  into  the  most 
cjttravagant  rejoicings  over  the  supposed  down- 
fall of  the  administration.    The  careful  calcula- 
tion to  rnakc  the  pressure  and  the  exchange 
regulations  fall  upon  the  commercial  cities  at 
the  moment  to  injure  commerce  most,  was  also 
visible  in  the  times  fixed  for  each.    Thus,  in  all 
the  western  cities,  Cincinnati,  LouLsville,  Lex- 
ington, N.i.shville,  Pittsburg,  Saint  Louis,  the 
pressure  was  to  reach  its  maximum  by  the  first 
day  of  March ;  the  shipments  of  western  j)ro- 
duce  to  New  Orleans  being  mostly  over  by  that 
time ;  but  in  New  Oileans  the  pressure  was  to 
be  continued  till  the  first  of  April,  because  the 
shipping  season  is  protracted  there   till  that 
month,  and  thus  the  produce  which  left  the 
upper  States  under  the  depression  of  the  pres- 
sui-e,  was  to  meet  the  .sjunc  pressure  upon  its 
arrival  in  New  Orleans ;  and  thus  enable  the 
frieids  of  the  bank  to  read  their  ruined  prices 
of  western  produce  on  the  floor  of  this  Senate. 
in  Baltimore,  the  first  of  March  was  fixed,  which 
would  cover  the  active  business  season  there. 
So  much,  .said  Mr.  K.,  for  the  pressure  by  cur- 
tailment ;  now  for  the  pressure  by  bills  of  ex- 
change, and  he  would  take  the  case  of  New 
Orleans  first.    All  the  branches  in  the  West, 
and  every  where  else  in  the  Union,  were  author- 
ized to  purcha^ic  bills  of  exchange  at  short  dates, 
not  exceeding  ninety  days,  on  that  emporium 
of  the  AVest ;  so  as  to  increase  the  dennmd  for 
money  there ;  at  the  same  time  the  branch  in 
New  Orleans  was  forbid  to  purchase  a  single 
bill  in  any  part  of  the  valley  of  the  Mississippi. 
I  This  prohibition  was  for  two  purposes  ;  first,  to 
I  break  up  exchange ;  and  next,  to  nuike  money 
:  scarce  in  New  Orleans;  as,  in  delaiilt  of  bills  of 
'  exchange,  silver  would  bo  shipped,  auil  the  .ship- 
ping of  si.'.'T  would  make  a  pressure  upon  all 
the  local  banks.     To  help  out   this  operation, 
I  Mr.  B.  said,  it  must  be  well  and  continually 


542 


THIRTY  YEARS'  VIEW. 


ni 


»' 


rcmeinlwrcd  that  the  Bank  of  tha  United  States 
itself  abducted  about  one  million  and  a  quarter 
of  liard  dollars  from  New  Orleans  during  the 
period  of  the  pressure  there  ;  thus  proving  that 
til  her  afTected  necessity  for  curtailment  was  a 
false  and  wicked  pretext  for  the  cover  of  her  own 
political  and  revolutionary  views. 

The  case  of  the  western  branches  was  next 
adverted  to  by  Mr.  B.  Among  these,  ho  said, 
the  business  of  exchnngc  was  broken  up  in  toto. 
The  five  western  branches  were  forbid  to  p»>r- 
chase  exchange  at  all ;  and  this  tyrannical  order 
was  not  even  veiled  with  the  pretext  of  an  ex- 
CJise.  Upon  the  North  Atlantic  cities,  Mr.  B. 
said,  unlimited  authority  to  all  the  branches  was 
given  to  purchase  bills,  all  at  short  dates,  tmder 
ninety  days ;  and  all  intended  to  become  due 
during  the  shipping  season,  and  to  increase  the 
demand  for  money  while  the  curtailment  was 
going  on,  and  the  screw  turning  from  diiy  to  day 
to  lessen  the  capacity  of  getting  money,  and 
make  it  more  scarce  as  tl'.e  der  nd  for  it  be- 
came urgent.  Thus  were  the  gi.at  commercial 
cities,  New  Orleans,  New-York,  IJultimore,  and 
Philadelphia,  subject  to  a  dojible  process  of  op- 
pression; and  that  at  the  precise  season  of  pur- 
chasing and  shipping  crops,  so  as  to  make  their 
distress  recoil  upon  the  planters  and  fanners; 
and  all  this  upon  the  pretext  of  new  measures 
understood  to  be  in  contemplation.  Time  again 
becomes  material,  said  Mr.  B.  The  bank  pres- 
sure was  arrangcrl  in  .Janiiary,  to  reach  its  climax 
in  March  and  the  first  of  April ;  the  debate  in 
the  Senate  for  the  condemnation  of  President 
Jackson,  which  commenced  in  the  last  days  of 
Deceniber,  was  protracted  over  the  whole  jMjriod 
of  the  bank  pressure,  and  reached  its  consum- 
mation at  the  same  time ;  namely,  the  28th  day 
of  March.  The  two  movements  covered  the 
same  period  of  time,  reached  their  conclusions 
together,  and  co-o|)erated  in  the  cfToct  lo  be 
produced ;  and  during  the  three  months  of  this 
double  movement,  the  Senate  chamber  ri'sound- 
cd  daily  with  the  cry  that  the  tyranny  and 
vengeance  of  the  President,  and  his  violation  of 
laws  and  .  is  titution,  had  croitt.l  the  whole 
distress,  and  •J'-r'tilii  n;!ti('n  from  a  state  of 
Arcadian  felicity-  I'--, i,>  a  condition  of  unparal- 
leled prosperity — to  tb"  lowest  depth  of  misery 
ami  ruin  \i\\  Ii n;  Mv  V..  rl;fv.;ted  Mid  be- 
eouglit  ttie  fiT..-"'  to  KHisidi  f  tie'  indiffcrtii*  a 
with  which  he  banV  tn«\teil  \\a  friends  i:i  the 


Senate,  and  the  sorrowful  contradiction  in  which 
they  were  left  to  be  caught.    In  the  Senate,  and 
all  over  the  country,  the  friends  of  the  bank 
were  allowed  to  go  on  with  the  old  tune,  and 
run  upon  the  wrong  scent,  of  removal  of  the 
deposits  creating  all  the  distress ;  while,  in  the 
two-and-twcnty  circular  letters  dispatched  to 
create  this  distress,  it  was  not  the  old  measure 
alone,  but  the  new  measures  contemplated,  which 
constituted  the  pretext  for  this  very  same  dis- 
tress.   Thus,  the  bank  stood  upon  one  pretext 
and  its  friends  stood  upon  another ;  and  for  this 
mortifying  contradiction,  in  which  all  its  friiiitlg 
have  become  exposed  to  see   their  mournful 
speeches  exploded  by  the  bank  itself,  a  just  in- 
dignation ought  now  to  be  felt  by  all  the  friends 
of  the  bank,  who  were  laying  the  distress  to  the 
removal  of  the  deposits,  and  daily  crying  out 
that  nothing  could  relieve  the  country  but  the 
restoration  of  the  deposits,  or  the  rechaitcr  of 
the  bank  ;  while  the  bank  itself  was  writing  to 
its  branches  that  it  was  the  new  measures  un- 
derstood to  be  in  contemplation  that  was  occa 
sioning  all  the  mischief.    Mr.  B.  would  close 
this  head  with  a  remark  which  ought  to  excite 
reflections  which  should  never  die  away  ;  which 
shouid  be  remembere>d  as  long  as  national  bunks 
existed,  or  asked  for  existence.    It  was  this: 
That  here  was  a  proved  case  of  a  national  ijank 
availing  itself  of  its  organization,  and  of  \\i 
Iiower,  to  send  secret  orders,  upon  a  false  pro- 
text,  to  every  part  of  the  Union,  to  create  dis- 
tress and  panic  for  the  purpose  of  accomplishing 
an  object  of  its  own ;  and  then  publicly  and 
cahunniously  charging  all  this  mischief  on  the 
act  of  the  President  for  the  removal  of  thu  de- 
posits.   This  recollection  should  warn  the  coun- 
try against  ever  permitting  another  nutioiial 
bank  to  repeat  a  crime  of  such  frightful  ininio- 
rality,  and  such  enormous  injury  to  the  business 
and  property  of  the  people.    Mr.  B.  expivsH'd 
his  profound  regret  that  the  report  of  the  bank 
committee  was  silent  upon  these  dreadful  enor- 
mities, while  so  elaborate  upon  trilles  in  favor 
of  the  bank.     He  was  indignant  at  the  iiii-cliiif 
done  to  private  property  ;  the  fall  in  the  prHC 
of  staples,  of  stocks,  and  of  all  real  and  porsunal 
estate ;  at  the  ruin  of  many  merchants,  and  tlw 
injury  of  many  citizens,  which  took  |daw<lnrin!: 
this  hideous  season  of  panic  and  pivssuro.    iii 
was  indignant  at  the  bank  for  creating  it,  and 
still  more  for  its  criminal  audacity  in  charging 


ANNO  1835.     ANDREW  JACKSON,  PRESIDENT. 


543 


rowful  contradiction  in  which 
e  cAUght.    In  the  Senate,  and 
Lry,  the  friends  of  the  bank 
;o  on  with  the  old  tunc,  and 
>ng  scent,  of  removal  of  the 
11  the  distress  ;  while,  in  the 
ircular  letters  dispatched  to 
g  it  was  not  the  old  measure 
measures  contemplated,  which 
•etext  for  this  very  same  dis- 
bank  stood  upon  one  pretext, 
jod  upon  another ;  and  for  this 
diction,  in  which  all  its  friti.ds 
posed  to  sec  their  mournful 
d  by  the  bank  itself,  a  just  iu- 
low  to  be  felt  by  all  the  friends 
.  were  laying  the  distress  to  the 
deposits,  and  daily  crying  out 
uld  relieve  the  country  but  the 
le  deposits,  or  the  recharter  of 
;  the  bank  itself  was  writing  to 
t  it  was  the  new  measures  un- 
n  contemplation  that  was  occa 
nuschief.    Mr.  B.  would  dore 
n  remark  which  ought  to  excite 
h  should  never  die  away  ;  which 
rtibered  a.s  long  as  national  banlca 
cd  for  existence.    It  was  this: 
I  proved  case  of  a  national  bank 
of  its  organization,  and  of  its 
scci-et  orders,  upon  a  false  prc- 
,art  of  the  Union,  to  civate  dis- 
fi)r  the  purpose  of  accoinplisliing 
s  own  ;  and  then  publitly  and 
liarjiing  all  this  mischief  on  the 
ident  for  the  removal  of  the  dc- 
•cullection  should  warn  the  coun- 
[er  permitting  another   national 
a  crime  of  such  frightful  inimo- 
[,  enormous  injury  to  the  business 
.  the  people.     Mr.  B.  expressed 
firi-ct  that  the  report  of  the  banli 
[Silent  uptm  these  dreadful  enor- 
()  elaborate  ui)on  trilles  in  favor 
le  was  indignant  at  the  nii.^chiif 
3  property  ;  the  fall  in  the  i-riee 
ocks,  and  of  all  reiil  and  per:*imal 
Lin  of  many  merchants,  and  the 
citizens,  which  took  placv  durinR 
ason  of  panic  and  pressure.    lU' 
at  the  bank  for  creatinj:  it.  and 
its  criminal  audacity  in  charging 


its  own  conduct  upon  the  President;  and  ho 
was  mortified,  profoundly  mortitled,  that  all 
this  should  have  escaped  the  attention  of  the 
Finance  Committee,  and  enabled  them  to  make 
a  report  of  which  the  bank,  in  its  official  organ, 
declares  itself  to  bo  justly  proud ;  which  it  now 
has  undergoing  the  usual  process  of  difTusion 
through  the  publication  of  supplemental  gazettes; 
which  it  openly  avers  would  have  insured  the 
rccharter  if  it  had  come  out  in  time ;  and  to  which 
it  now  looks  for  such  recharter  as  soon  as  Pres- 
ident Jackson  retires,  and  the  country  can  bo 
thrown  into  confusion  by  the  distractions  of  a- 
presidential  election. 

Jlr.  B.  now  took  up  another  head  of  evidence 
to  prove  the  fact  that  the  curtailment  and  ex- 
change regulations  of  January  were  political  and 
revolutionary,  and  connected  with  the  proceed- 
ings of  the  Senate  for  the  condemnation  of  the 
President ;  and  here   ho  would  proceed  upon 
evidence  drawn  from  the  bank  itself.    Mr.  B. 
tlicn  read  extracts  from  Mr,  Biddle's  letters  of 
instructions  (January  30, 1834)  to  Joseph  John- 
son, Esquire,  president  of  the  branch  bank  at 
Cluu'Ieston,  South  Carolina.    They  were  as  fol- 
lows :  "  With  a  view  to  meet  the  coming  crisis 
in  the  banking  concerns  of  the  country,  and 
especially  to  provide  against  new  measures  of 
hostility  understood  to  be  in  contemplation  by 
tlie  executive  ofTlcers  at  Wa.shington,  a  general 
reduction  has  been  ordered  at  the  several  offlces, 
and  T  have  now  to  ask  your  particular  attention 
to  accomplish  it,"    *     *    *    *    "  It  is  as  dis- 
airreable  to  us  as  it  can  be  to  yotirs.:.lve8  to 
impose  any  restrictions  upon  the  business  of  the 
office.    But  you  arc  perfectly  aware  of  the  effort 
whiclihas  been  making  for  some  time  to  prostrate 
the  hank,  to  which  this  new  measure  to  which 
I  have   alluded  will  soon  be  added,  unless  the 
pnjjectore  become  alarnic<l  at  it.     On  the  defeat 
of  these  attempts  to  destroj'  the  bank  dv'pends, 
in  our  deliberate  judgment,  not  men  ly  the  pe- 
cuniary interests,  Imt  the  whole  free  institutions 
of  our  country  ;  and  our  determination  is,  by 
even  a  teniiwrnry  sacrifice  of  profit,  to  jjlace  the 
hank  entirely  beyond  the   reach  of  those  who 
meditate  its  destruction." 

Mr.  P>.  would  invoke  the  deepest  attention  to 
tliis  letter.  The  pas>;afres  which  he  hiul  read 
were  not  in  the  circulars  addresseil  at  the  same 
time  to  the  other  branchc/i.  It  was  confined  to 
this  letter,  with  something  similar  in  one  more 


which  he  wouhl  presently  read.    The  coming 
crisis  in  the  banking  concerns  of  the  C/untry  is 
here  shadowed  forth,  and  .secretly  foretold,  three 
months  before  it  happened ;  and  with  good  rea- 
son, for  the  prophet  of  the  evil  was  to  assist  in 
fulflllipg  his  prophecy.    With  this  secret  pre- 
diction, made  in  January,  is  to  bo  connected  the 
public  predictions  contemporaneously  made  on 
tliis  floor,  and  continued  till  A^pril,  when  the 
explosion  of  some  banks  in  this  district  was 
proclaimed  aa  the  commencement  of  the  general 
ruin  which  was  to  involve  all  local  banks,  and 
especially  the  whole  safety-fund  list  of  bank.s, 
in  one  universal  catastrophe.    The  Senate  would 
remember  all  this,  and  spare  him  repetitions 
which  must  now  bo  heard  with  pain,  though 
uttered  with  satisfaction  a  few  montlis  ago.    The 
whole  free  institutions  of  our  country  was  the 
next  phrase  in  the  letter  to  which  Mr.  B.  called 
attention.    He  said  that  in  this  phrase  the  |)oli- 
lical  designs  of  the  bank  stood  levealed  j  and  ho 
averred  that  this  language  was  identical  with  tliat 
used  upon  this  floor.     Here,  then,  is  the  .secret 
order  of  the  bank,  avowing  that  tho  whole  five  in- 
stitutions of  the  country  are  taken  into  its  h(dy 
keeping ;  and  that  it  was  determined  to  sub- 
mit to  a  temporary  sacrifice  of  profit  in  sus- 
taining  the   bank,  which    itself  sustains    tiio 
whole  free  institutions  of  the  country  !     What 
insolence  !     What  audacity  !     But,  said  Mr.  B., 
what  is  here  nuant  by  free  institutions,  was 
the  elections !  and  the  true  meaning  of  .Mr. 
Biddle's  letter  is,  that  the  bank  meant  to  sulnnit 
to  temporary  sacrifices  of  money  to  caiwy  tho 
elections,  and  put  down  the  Jackson  admin' 
tration.    No  other  meaning  can  hv  put  up 
the  words;  and  if  there  could,  tlicre  is  fiirt' 
proof  in  reserve  to  nail  the  infamous  and  wic'     1 
design  upon  the  bank.    Another  passage  in  iiiis 
letter,  Mr.  B.  would  point  out,  and  then   i>ri)- 
coed  to  a  new  piece  of  evidence.     It  wa-     lie 
passage  which  said  this  new  measure  wi'l  -  'on 
be  a(Med,  uidef^s  the  projectors  become      ir  ued 
at  it.   Now,  said  Mr.  B.,  take  this  as  you  ,  K  use ;. 
either  that  the  projectors  did,  or  did  not.  lie- 
come  alarmed  at  their  new  measure ;  tlie  I'act 
is  clear  that  no  new  measure  was  put  in  fi>rco, 
ami  that  the  bank,  in  proceeding  to  act  ui)on 
that  ass\unpti(m,  was  inventing  and  fabricating 
a  pretext  to  justify  the  scourj^e  which  if.  >v  is 
nieditathig  against  the  country.    Dates  are  ! .  .e 
material,  said  Mr.  B.    The  first  letters,  founded 


544 


TIllUTY  YEA15S'  VIKW. 


.    iW 


If     .* 


on  these  new  measures,  were  dutcd  the  21  st  of 
January ;  and  spoke  of  them  as  hein^;  under- 
stood to  l)e  in  contemplation.  This  letter  to 
Mr.  Johnson,  which  speaks  hypothctically,  is 
dated  the  3flth  nf  January,  being  eight  days 
later ;  in  which  time  the  ttank  had  doubtless 
heard  that  its  understanding  about  what  was 
in  contemplation  was  all  false  ;  and  to  cover  its 
retreat  from  having  sent  a  falsehood  to  two- 
and-twenty  branches,  it  gives  notice  that  the 
new  measures  which  were  the  alleged  pretext 
of  jmnic  and  pressure  upon  the  country  were 
not  to  take  place,  because  the  projtctors  had 
got  ainnned.  The  beautiful  idea  of  the  projec- 
tors— tliiit  is  to  say,  (Jeneral  Jackson,  for  he 
is  the  person  intended — In^coming  alarmed  at 
interdicting  the  reception  of  illegal  drafts  at  the 
treasury,  is  conjured  up  as  a  sulvo  for  the  honor 
of  the  bank,  in  making  two-and-twenty  instances 
of  false  assertion.  Hut  the  panic  and  pressure 
orders  aixi  not  countermanded.  The}'  are  to  go 
on,  although  the  projectors  do  Iwcome  alarmed, 
and  although  the  tiew  meastire  bedi-opju'd. 

Mr.  B.  had  an  extract  from  a  second  letter  to 
read  upon  this  subject.  It  was  to  the  president 
of  the  New  Orleans  branch,  Afr.  >V.  W.  Mont- 
gomery, and  dated  Hank  of  the  I'nited  States 
the  24th  of  January.  He  read  the  extract: 
"The  state  of  things  here  is  very  gloomy  ;  ond, 
unless  Congress  takes  some  (Iccith-d  step  to 
prevent  the  progress  of  the  troubles,  they  may 
soon  outgrow  our  control.  Thus  circumstanced 
our  lirst  duty  is,  to  the  institution,  to  preserve 
it  from  all  danger;  and  we  are  therefoiv  anx- 
ious, for  a  sh<U't  time  at  least,  to  keep  our  busi- 
ness within  niiiiiageable  limits,  and  to  make 
some  sacrifice  of  projM'tty  to  entin*  security. 
It  is  a  moment  of  great  interest,  and  exposed 
t^  su(Men  changes  in  public  affairs,  which  may 
induce  the  bank  to  conform  its  policy  to  them ; 
of  these  dangers,  should  any  occur,  j-ou  will 
have  early  advice."  When  he  had  read  this 
exlnicf,  .Mr.  B.  pnK'cciled  to  comment  upon  it ; 
almost  every  wor'  of  It  Ining  pregnant  with 
political  and  revolutionary  meaning  of  the  |ilain- 
est  import.  The  whole  extract,  he  said,  was 
the  language  of  a  politiiian.  not  of  a  Imnkir 
and  looked  to  political  events  to  which  the  bank 
inteniiefl  tocunforin  its  policy.  In  this  way.  he 
commented  successively  upon  the  gloomy  state 
of  things  at  the  bank  (for  the  letter  is  dated  in 
tho  bunk),  and  the  troubles  which  weir  to  out- 


grow their  control,  unless  Congress  took  si.nie 
decided  step.  These  troubles,  Mr.  B.  said,  coidd 
not  be  the  <langers  to  the  bank ;  for  the  bank 
ha<I  taken  entire  care  of  itself  in  the  two-and- 
twenty  orders  which  it  hr.d  sent  out  to  iurtuil 
loans  and  break  up  exchanges.  Every  one  of 
these  orders  announced  the  jiower  of  the  bunk 
and  the  determination  of  the  bank,  to  take  cure 
of  itself.  Troubles  outgrow  our  control !  "What 
ins(dencc  !  When  the  bank  itself,  and  its  con- 
federates,  were  the  creators  and  fomenters  nf 
all  these  troubles,  the  progress  of  which  it  al- 
fccted  to  deplore.  The  next  words — nioniciit 
of  great  interest,  exposed  to  sudden  changes  in 
public  aflhirs,  induce  the  bank  to  conform  its 
j)fdicy  to  them — Mr.  B.  said,  were  too  llagram 
and  too  baix'facc<l  for  comment.  They  wiiv 
e<piivalent  to  an  open  declaration  that  a  revolu- 
tion  was  momently  exiKcttd,  in  which  Jack- 
son's administration  would  be  overthrown,  and 
the  friend.s  of  the  bank  brought  into  power; 
and,  as  soon  as  th.it  ha|)pened,  the  bank  wcmld 
inform  its  branches  of  it ;  and  woidd  tlii'li  run- 
form  its  policy  to  this  revolution,  and  icliiv<' 
the  country  from  t]w  distress  which  it  w.is  tlan 
inflicting  up<m  it.  Sir,  said  Mr.  B.,  addru-f-in.' 
the  Vice-President,  thirty  years  ago,  tin;  \,tu- 
plul  ic  vision  of  Mr.  Jell'erson  foresaw  this  cribLi; 
thirty  years  ago,  he  said  that  liiis  bank  was  au 
enemy  to  our  form  of  government ;  that,  ly  its 
raniillcalion  and  power,  and  b}-  seizing  un  a 
criticfd  moment  in  our  alfairs,  it  could  uimi 
the  government!  And  this  is  what  il  wmilii 
have  done  last  winter,  had  it  not  been  forom. 
man !  one  man  !  one  single  man  !  with  whom 
(iod  had  vouchsafed  to  favor  our  Aim  rii a  in 
that  hour  ;)f  her  greatest  trial.  Tlial  out-  niua 
stood  a  sole  obstacle  to  the  dread  career  nf  iin 
bank ;  stood  for  six  months  as  the  raiii|iait 
which  defendeil  the  country,  the  citadil  iiiiou 
which  the  bank  artillery  incessantly  tlnunliiiil! 
And  what  was  the  conduct  of  the  Senate  all  lliis 
time  ?  It  was  trying  and  condenuiiiig  il.ui  inua; 
killing  him  off  with  a  senatorial  conileiunaiiua; 
renu'ving  the  obstacle  which  stood  brtweiii  tU- 
bank  and  its  prey  ;  and,  in  so  doing,  if  t;il/iis!i- 
ing  the  indissoluble  connection  In'twitn  tlit 
movement  of  the  bank  in  distressing  tlio  oiiui- 
try,  and  the  movement  of  the  Senati  in  con- 
demning the  President. 

Mr.  B.  said  that  certaiidy  no  mori'  ppx T  hi.< 
necessary,  on  this  head,  to  show  that  tlu'  dcti^us 


ANNO  1885.    ANDREW  JACKSON,  PUESIDKNT. 


545 


uiiks«  C..ii(;n'8s  to<»k  s<^m 
,0  troubles,  Mr.  IJ.  said,  could 
to  the  bank ;  for  the  l.aiik 
ire  of  itself  in  the  two-au.l- 
ch  it  hi'.d  sent  out  to  eurtail 
,p  exchanges.    Every  one  of 
meed  the  i)Ower  of  the  hauk, 
tionofthelMUik,  totakecare 
J  outgrow  oor  control !  ^Vlml 
:,  the  hank  itself,  anil  its  con- 
ic creators  and  Ibnaiiters  of 
the  progress  of  which  il  al- 
'     The  next  words— nionitnt 
expoKcd  to  sudden  chaiigts  iu 
luce  the  bank  to  conform  its 
-Mr.  B.  wiid,  were  too  tlajriaiu 
[■d  for  comment.     They  were 
open  declanition  that  a  revolu- 
ntly  expected,  in  which  .lark- 
^ti„n  would  be  overthrown,  aiul 
the  bank  brotighl  into  power; 
that  happened,  the  bank  would 
•hes  of  it ;  and  wouhl  then  nu- 
to  this  revolution,  and  ivlkv. 
m  the  distress  which  it  was  llan 
it.     Sir,  said  Mr.  IL,  addiv-Mii: 
lent,  thirty  years  ag<.,  the  yu- 
Mr.  JelVerson  foresaw  thi-  cii:  i-; 
„,  he  said  that  this  bank  was  un 
onn  of  ^'overnm.•nt ;  thai.  Ly  i;, 
,d  power,  and  by  ^ci/.iut;  oi,  ■, 
,t  in  our  allairs,  it  could  uj.nl 
It !     .\nd  this  is  what  il  wnuU 
winter,  had  it  not  ben  form.. 
|,  \  one  single  man  !  with  wliuin 
hsafed  to  favor  o\ir  Anuiira  iu 
T  greatest  trial.     That  one  man 
,Ktaele  to  the  dreu.l  career  of  lla 
r„r  six  months  as   the  rampU 
[,1  the  coijutry,  the  ciUuM  n\Mi 
c  artillery  incessantly  ihui.'KuVi. 
,  the  conduct  of  the  Senate  all  Iks 

trying  and  cmdenniiug  thai  wm; 
with  a  senatorial  condeumaU'ii; 
..bslacle  which  stood  l»twi. n  i\x 
|,rey  ;  and,  in  so  .loing,  estiiUi't'- 
Iso.uble  connection  iK-tw.tn  -li. 
the  bank  in  distiTs>ing  tl^^  omu- 
movement  ..f  the  Senate  in  en- 

'resident. 

tbnt  certainly  no  men- l.i f  «- 

this  head,  to  show  that  thv  d.si.i" 


of  the  bank  were  political  and  revolutionary, 
intended  to  put  down  (ieneral  Jackson's  adniin- 
istration,  and  to  connect  itself  witit  the  Senate; 
but  he  hu<l  more  proof,  that  of  a  publication 
under  theetlitorial  head  of  the  MaliiHiul  O'lizetk; 
and  uhich  ]iublication  he  nssumed  to  say,  wa.s 
written  by  the  president  of  the  bank.     It  was  a 
long  article  of  four  columns ;  but  he  would  only 
read  a  i)an»graph.     lie  nni:  "The  great  con- 
test now  waging  in  this  country  is  lielween  its 
ftw  institutions  and  the  violence  of  a  vulgar 
despotism.     The  government  is  turned  into  a 
liancful  faction,  and  the  spirit  of  liberty  con- 
tends against  it  throughout  the  coimtry.     On 
the  one  hand  is  this  miserable  cabal,  with  all 
the  patronage  of  the  Executive ;  on  the  other 
hand,  the  j  et  unbroken  mind  and  heart  of  the 
country,  with  the  Senate  and  the  bank;— [iu 
reading  these  words,  in  which  the  bank  a.^.soci- 
ated  itself  with  the  Senate,  Jlr.  IJ.  reiKuted  the 
famous  expression  of  Cardinal  Wol-ey,  in  as- 
pocialing  himself  with  the  king:   '/J^'o  tf  rev 
m<».i;'] — the  House  of  Re]>resentati\es,  hither- 
to the  intuitive  champion  of  freedom,  sliaken  by 
the  intrigues  of  the  kitchen,  hesitates  for  a  time, 
Imt  cannot  fail  l)eforc  long  to  break  its  own  fet- 
ter- lirst.  and  then  those  of  the  country.     In 
tliat  iiuarrel,  wo  predict,  they  who  administer 
i!ie  hank  will  shrink  from  no  j)roper  share  which 
tlie  country  may  assign  to  them.     Personally, 
ihev  nuist  be  a>  indillerent  as  any  of  their  ftjlow- 
litizens  to  the  recharter  of  the  bank.    But  they 
will  not  sutler  them.selves,  nor   the   institution 
intrusted  to  them,  t-  Iks  the  instninmits   of 
private  wrong  and  public  outrage  ;  mr  will  they 
omit  any  effort  to  rescue  the  institutu)T\s  of  the 
country  from  being  trodden  under  foot  by  a  fac- 
tion of  interlopi^rs.     To  these  profligate  adven- 
turers, whether  their  power  is  displayed  in  the 
ixerntivc  <ir  legislative  department,  the  directors 
<f  the  hank  will,  we  are  satisfied,  never  yield  I 
the  thousandth  part  of  nn  inch  .)f  their  own 
|KTsonal  right«,  or  their  own  offlrinl  tinfie^' ; 
unilwill  continue  this  resistance  until  the  coun- 
try, roused  to  a  pro|)er  sense  of  its  dangers  and  > 
iN  wrongs,  shall  drive  the  usurpers  out  of  the  ' 
liiih  places  they  dishonor."     This  letter,  said  ' 
Mr.  U.,  discloses,  in  terms  which  admit  of  no  ' 
xiilnnutioii  or  denial,  the  desijin  of  the  bank  in  | 
'Ti'atiiiir  tlie  pressure  which  was  ^'ot  up  and  (;r)ii-  ■ 
timied  during  the   panic  session.      It   was   to  ' 
rouse  the  j)oople,  by  dmt  of  suffering,  against  i 

Vol.  I.—35 


the  I'ivsi<lent  an<l  the  House  (jf  Ueprcsentatives, 
ami  to  overturn  them  both  at  the  ensuing  elec- 
tions. To  do  this,  now  stands  revealed  as  it« 
avowed  object.  The  Senate  and  the  bank  were 
to  stand  together  against  the  Trcsident  and  the 
House;  and  each  to  act  its  part  for  the  some 
common  object :  the  bank  to  scourge  the  people 
for  money,  and  charge  its  own  scourging  upon 
the  Presiilent ;  the  Senate  to  condenui  him  for 
a  violation  of  the  laws  and  constituticm,  and 
to  brand  him  as  the  Caesar,  Cromwell,  Bona- 
parte— the  t}  rant,  despot,  usurixir,  whose  head 
would  be  tut  oil'  in  any  kingdom  of  Europe 
for  such  acts  as  he  practised  here.  Mr.  B. 
said,  the  contemplation  of  the  conduct  of  the 
bank,  during  the  panic  8essi(»n,  was  revolting 
and  incredible.  It  condiined  every  thing  to 
revolt  and  shock  the  moral  .sense.  Oppression, 
falsehood,  cahnnny,  iwfdu'.ion,  the  ruin  of  in- 
dividuals, the  fabrication  of  false  pretences,  the 
machinations  for  overturning  the  government, 
the  imputation  of  its  own  crimes  upon  the  head 
of  the  President ;  the  enriching  its  favorites  with 
th.  ;)oils  of  the  country,  insolence  to  the  Hou.se 
of  iiepresentatives,  and  its  affected  .-  .■'vlianship 
of  the  IIIm Tties  of  the  jM'ojdf  and  ,  tm  insti- 
tutions of  the  country;  such  were  the  promi- 
nent features  of  its  conduct.  The  ,mrallel  of  its 
enormity  was  not  to  be  found  on  this  side  of 
Asia ;  iii\  examide  of  such  remorseless  atroci4y 
v<'as  only  to  be  .seen  in  the  conduct  of  the  Paul' 
Benficlds  and  the  Debi  Sings  who  ravaged  India 
tuvUr  the  name  of  tin-  Manpiis  of  Hastings. 
Even  what  had  been  casually  ami  imperfectly 
brought  to  light,  disclosed  a  system  of  calcu- 
lated enormity  which  re(iiiired  the  genius  of 
r.'irke  to  paint.  AVhat  wan  Udiind  woidd  ro- 
•piire  labors  of  a  cominilt'c,  r-Mistitnted  upon 
Itarliamentary  princijde'J,  not  to  j)Iaster,  but  to 
jirobe  the  woumls  and  ulcers  of  the  bank;  and 
sucli  a  committee  he  should  hojje  to  see,  not 
now,  but  hereafter,  not  in  the  vacation  but  in 
the  .session  of  Congress.  For  he  had  no  idea  of 
these  peripatetic  and  recess  eommitties,  of  which 
the  panic  .se.ssion  had  been  so  prolific.  He  want- 
ed a  committee,  unquestionable  in  the  legality 
of  its  own  appointment,  duly  (lualified  in  a  par- 
li;iinen(ary  sen-e  f  irdiscover'".,g  the  niiscondiu't 
the}-  are  set  (o  investigate;  and  sitting  under 
the  wing  of  the  authority  which  can  punish  the 
insolent,  corninl  the  refractory,  and  enforce  tho' 
obedience  which  is  due  to  its  nmndates. 


/54f) 


THIRTY  YEARS'  VIEW. 


'.f'!'       I 


C.  The  ilirttrosH  of  tlie  country,  (iccaHioncd  by 
the  IJuiik  of  tlic  UiiittMl  Stutos  mid  tlio  Sonnto 
of  the  Iniicd  Slatos. — TIiIh,  Mr.  IJ.  Kiiid,  might 
be  uii  uiiplcaHunt  topic  to  discuss  in  the  Keniite ;  | 
but  this  Senate,  for  fourniontlis  of  the  last  Bes-  ' 
sion,  and  during  the  whole  dehute  on  the  reso- 
lution to  condemn  the  President,  had  roounded 
with  tlie  cry  that  the  President  had  created  all 
the  distress ;  and  the  huge  and  motley  mass, 
throughout  the  I'nion,  whidi  marchc<l  under 
t''  orijhuiiinc  of  the  bank,  had  every  where  rc- 
peutcd  an<l  reiterated  the  same  cry.  If  there 
was  any  thing  unpleasant,  then,  in  the  discus- 
sion  of  this  topic  in  thitt  place,  the  blame  must 
be  laid  on  those  who,  by  using  tliat  argument  in 
suppt>rt  of  their  resolution  agamst  the  Pre»<i- 
denf,  devolved  upon  the  deftiiders  of  the  Presi- 
dent the  necessity  of  refuting  it.  Mr.  B.  v.ould 
have  recourse  to  facts  to  establish  his  position. 
The  first  fact  he  would  recur  to  was  the  history 
of  :i  reduction  of  deposits,  made  once  liefore  in 
this  same  bank,  so  nearly  identical  in  every  par- 
ticular with  the  reduction  which  took  place 
I..  Ivrthe  order  for  llic  late  removal  of  depitsits, 
that  it  would  require  e.xact  relen-nces  to  docu- 
nuiitai-y  e-.  iiKji^e  to  put  its  credibility  beyond  the 
intivdulity  ol' :  iie  senses.  Not  only  the  amount 
tVoiu  which  the  reduction  was  made,  its  progressi 
and  ultimate  depression,  corresj)oniled  so  closely 
a«  each  to  seem  to  be  the  history  of  the  same 
transiiction,  but  they  began  ir  the  same  month, 
descended  in  the  Bame  ratio  xcept  in  the  in- 
stances which  operate  to  the  di^iwlvantage  of  the 
late  reduction,  and,  at  the  end  of  fifteen  months, 
had  reached  the  same  point.  Mr.  B.  spoke  of 
the  reduction  of  deposits  which  took  place  in 
the  years  1818  and  1810;  and  would  exhibit  a 
table  to  conipai-e  it  with  tlie  redi:ctions  under 
the  late  order  for  the  ri'moval  of  the  deposits. 

Here,  said  Mr.  iJ.,  is  a  similar  and  parallel  re- 
duction of  deposits  in  this  sanu'  bank,  and  that 
at  a  period  of  real  pecuniary  distres-s  to  itself; 
a  inriod  when  great  frauds  were  discovered  in 
its  management ;  when  a  connniltee  examined 
it,  and  reported  it  guilty  of  violating  its  char- 
ter; when  its  ;tock  fell  in  a  few  weeks  from 
one  hundred  and  eighty  to  ninety ;  when  pro- 
positions to  repeal  :ts  charter,  without  the  for- 
mality otascircfacuts,  were  discussed  in  Con- 
gress ;  when  nearly  all  presses,  and  nearly  all 
voices,  ccmdemned  it;  and  when  a  real  necessity 
compelled  it  to  reduce  its  diiicouats  und  loans 


with  more  rapiuity,  nnd  to  a  far  greater  compa. 
rative  extent,  than  that  which  has  attended  the 
late  reduction.     Yet,  what  was  the  state  of  the 
country  ?    I)i»tresse<l,  to  Ik;  sure,  but  no  panic; 
no  convulsion  in  the  community  ;  no  cry  of  re- 
V(dution.     And  why  this  difference?     If  mere 
reduction  of  deposits  was  to  Ihj  attended  with 
these  efl'ectH  at  one  time,  why  not  at  the  other  ? 
Sir,  said  Mr.  B.,  addressing  the  Vice-President, 
the  reason  is  plain  on<l  obvious.     The  l)ank  was 
unconnected  with  politics,  in  1819;  it  had  no 
desire,  at  that  time,  to  govern  the  elections,  and 
to  overturn  an  administration  ;  it  had  no  politi- 
cal conf?derates;  it  had  no  president  of  Ihi  hank 
then  to  nuiko  war  upon  the  President  of  tlu' 
United  States,  and  to  stmiulato  and  aid  a  grent 
politic.ll  party  in  crushing  the  President,  wlin 
would  not  sign  a  new  charter,  and  in  crusliinj: 
the  House  of  Representatives  which  stood  hv 
him.    Then    was  no  resolution  then  to  nm- 
demn  the  President  for  a  violation  of  the  la'  .« 
and  tlie  constitution.     And  it  was  this  fntai 
resolution,  which  we  now  propose  to  e.V|iuii).'i', 
which  did  the  principal  part  of  the  nsiscliicf, 
That    re.s(»lution   was    the  root   of    the  ivil: 
the   signal   for  panic  meetings,  panic  nieiiiD- 
rials,   panic    deputations,   panic   s|K-eches,  und 
panic  jubilms.     That  resolution,  e.\hibitnl  In 
the  Senate  chamber,  was  the  scarlet  mantle  <>( 
the  consul,  hung  out  from  his  tent ;  it  was  tlw 
signal  for  battle.   That  resolution,  and  the  nlanii 
si)ceche8  which  attended  it,  was  the  tocsin  which 
started  a  continent   from  its  ivpose.    And  the 
condemnation  which  followed  it,  and  which  lift 
this  chamber  just  in  time  to  n-ach  the  N'ew- 
Vork,  Virginia,  and  Connecticut  elections,  com- 
pleted the  effect  upon  the  public  mind,  and  n|Kiii 
the  politics  and  commerce  of  the  country,  «lii(h 
the  measures  of  the  bank  had  been  co-oper- 
ating for  three  months  to  produce.    And  htn 
he  must  express  hia  especial  and  eternal  wonder 
how  all  these  movements  of  bank  and  .'^eniite 
co-operating  together,  if  not  by  arrangeinent,  at 
least  by  a  mctst  miraculous  .system  of  accidents, 
toeiidanger  the  political  rights,  and  to  injure  the 
pecuniary  interests  of  the  people  of  the  United 
States,  could  so  far  cscajM;  the  observation  vi 
the  investigating  committee  of  the  Senate,  as 
not  to  draw  from  thein  the  expression  of  one 
solitary  opinion,  the  suggestion  of  one  single 
idea,  the  application  of  one  single  remark,  to 
thu  prejudice  of  the  bank.    Surely  tiiey  ought 


AXN'O  I8:ts.     ANDREW   rACKSdV,  I'U1><II)I:NT. 


547 


nn.l  to  n  far  prenler  compa- 
iJuit  which  has  alleiuled  Ihi- 
t,  whiit  waH  the  «tttlo  of  the 
Jd  to»KJKUi-c,l>»tnopanio; 
e  community  ;  n..  cry  of  re- 
,y  tlii«  ilitfen-nce  ?     If  mere 
,im  was  to  »«  atlemlcl  wilii 
•  time,  why  not  at  the  other) 
MrcssinK  the  Vice-President. 
„nd  obvi.ms.     The  hank  wa.s 
politic^in  1810;  it  had  no 
e  to  govern  the  elections,  ami 
ministration  j  it  ha.l  no  pol.ti- 
it  had  no  president  of  Iht  hank 
ttr  upon  the  President  of  thv 
,d  to  Ptinudate  and  aid  a  Rveftt 
,  crushing  the  President,  who 
,  new  charter,  and  in  cn.«hM.|: 
,,,roscntative8  which  stood  i.y 
w  no  resohition  then  to  cm- 
lont  for  n  violation  of  the  hv  < 
ntion.     An<l  it  wix«  t'""  f"'"! 
■h  we  now  propose  to  expun;:.. 
principal  part  of  the  nMschuf, 
,n   was    the   root    of    the  n.l; 
.  panic  meetings,  panic  memo- 
..utations,   panic   s,K.eche..  u.ul 
That  resolution,  exhd.ittd  in 
nber  was  the  scarlet  munllo  .f 
,„  out  from  his  tent ;  it  wa«  the 
."  That  resolution,  and  the  aliirm 
attende<l  it,  was  the  tocsin  which 
Lent  from  its  i-epose.     And  tlie 
Uich  followed  it,  nn«l  ^vhich  Uft 
L,st  in  time  to  reach  the  New- 
and  Connecticut  elections,  com- 
pt  upon  the  public  mind,  and  tiF. 
tl  commerce  of  the  country,  which 
of  the  bank  had  been  conirer- 
ie  months  to  produce.    And  hm 
Ls  his  especial  and  eternalwomler 
'movements  of  bank  and  Semite 
,.ether,ifm'tbyuvrau;:e.nent.ut 

.rmiraculous  system  of  ae.id.nt>. 
L  political  rights,  a,ul  to  injua' the 

Uts  of  the  people  of  the  I  nit. 
L  far  escaF  the  ohsenution  . 

li,,.  committee  of  the  Senate,  a. 

,.,,m  them  the  expression  of  one 
„„,  the  suggestion  of  one  sm, 

Lntion  of  one  single  ren.aik, 

'of  the  bank.    Surely  they  ought 


to  have  touched  these  scenes  with  something 
inure  than  a  few  meagre,  stinted,  and  starved 
lines  of  faint  allusion  to  the  "  new  meo-sures  un- 
(i(Tst<io<l  t<)  Ik'  in  contem|t!ation ;"  those  new 
niiiisures  which  were  so  falsely,  fo  wiekedly 
fahricated  to  cover  the  preconcerted  and  |)re- 
miilitated  plot  to  upset  the  government  hy  ntiin- 
iilatiiig  tlie  |)ooide  to  revolution,  through  the 
cf)inliine.(  oiR-rations  of  the  pecuniary  pn-s.sure 
siul  politii-id  alarms. 

The  table  itself  wns  entitled  to  the  gravest 
recollection,  not  oidy  for  the  comparison  which 
itcuggisted.  hut  tlie  fact  of  showing  tlie  actual 
prfi^'fess  and  history  of  the  removal  of  the  de- 
posits, and  blasting  the  whole  story  of  the  Pre- 
sident's hostility  to  the  hank.  From  this  table 
it  is  seen  that  the  dejiosits,  in  jxiiiit  of  fact,  have 
never  hern  all  taken  fmni  the  hank;  that  the 
rrmoval.  so  far  as  it  went,  was  gradual  and  gen- 
tle; that  an  average  of  three  millions  has  always 
Ihcm  tliirc  ;  tliat  nearly  four  millions  was  there 
i<n  the  1st  day  of  January  last ;  and  In-foi^  these 
fart-',  the  fahricated  story  of  the  President's 
liMStility  to  the  bank,  his  viudictivenes.^,  and 
vidlent  iletertnination  to  prostrate,  destro}-,  and 
niin  the  institution,  must  fall  back  u{Kin  its  au- 
tliors,  and  recoil  upon  the  heads  tif  the  inven- 
t  irs  and  propagators  of  such  a  groimdless  im- 
[intiition. 

Mr.  B.  could  give  another  fact  to  prove  that 
it  was  the  Senate  and  l.  e  bank,  and  tlie  Senate 
nmrc  than  the  bank,  wliich  produced  the  dis- 
tress during  the  last  winter.  Ft  was  tliis  :  that 
aiihough  the  curtailments  (sf  the  bank  were 
nmili  larger  both  beff>re  ami  after  tlie  .session 
iif  Congress,  yet  there  was  no  distress  in  the 
country,  except  during  the  session,  and  while 
the  alarm  siweches  were  in  a  course  of  delivery 
on  this  floor.  Thus,  the  curtailment  from  the 
1st  of  August  to  the  1st  of  October,  was  $4,- 
("KIOOO;  from  the  1st  of  Oetcdn-r  to  the  meet- 
inirof  Congivss  in  December,  the  curtailment 
was  S'),*'-!!. 000— making  $0,707,000  in  four 
months,  and  no  distress  in  the  country.  During 
the  session  of  Congress  (seven  months)  there 
was  a  rnrtailment  of  $3,428,138;  and  during 
this  time  the  distress  raged.  From  the  rise  of 
Cimpress  (lastof  .liuie)  to  the  1  st  of  NovemWr, 
a  period  of  four  months,  the  curtailment  wns 
8'\270.771,and  the  word  distress  was  not  heard 
in  the  country.  Why  ?  Because  there  were  no 
panic sjiceches.    Congress  had  adjourned;  and 


the  bank,  being  left  to  its  own  resourres,  roiild 
oidy  iiyiire  individuals,  but  <'oiild  not  alarm 
and  convulse  the  community. 

.Mr.  B.  would  liuish  this  view  of  the  conduct 
of  the  bank  in  creating  a  wanton  pressure,  by 
giving  two  instances;  one  was  theca.se  of  the 
dejiohit  bank  in  this  <ity  ;  the  other  was  the 
raseof  a  senator  opposed  to  the  hank,  lie  said 
that  the  branch  bank  at  this  place  had  made  a 
steady  run  u|.on  the  Metropolis  Bank  from  the 
U-ginning  Ut  the  ending  of  the  panic  sesHion. 
The  amount  of  HiK>ci»'  which  it  luul  taken  was 
$t)n,'>,(HM> :  evidently  for  the  purpose  of  blowing 
up  the  ]K-t  hank  in  this  district;  and  <1  ling 
all  that  time  the  bnmch  refused  to  receiN.  liie 
notes,  or  branch  drafts,  of  any  t)ther  branch, 
or  the  notes  of  the  mother  bank;  or  checks 
upon  any  city  north  of  Baltimoir  On  the  pet 
bank  in  Baltimore  it  would  take  che<'ks,  be- 
couse  the  design  was  to  blow  up  that  also.  Here, 
said  Mr.  B.,  was  a  clear  and  flagrant  case  of 
pressure  for  specie  for  the  mere  purpose  of  mis- 
chief, and  of  adding  the  Metropolis  Bank  to  the 
list  of  those  who  stop|H'd  payment  at  that  time. 
And  here  Mr.  B.  felt  himself  bomnl  to  pay  his 
respects  to  the  Committee  on  Finance,  that  went 
to  examine  the  bank  last  Hiunmer.  That  com- 
mittee, at  pages  Iti  and  22,  of  their  report, 
brought  forward  an  unfoundetl  charge  against 
the  admini.^t^ution  for  making  runs  upon  the 
branches  of  the  I'nited  States  Bank,  to  bivak 
them;  while  it  had  been  silent  with  resptct  to 
a  well-foim<led  instance  of  the  same  nature  from 
the  Bank  of  the  United  States  towards  the  de- 
posit bank  in  this  district.  Their  language  is : 
"The  administrative  department  of  the  govern- 
ment had  manifested  a  spirit  of  decided  hostility 
to  the  bank.  It  had  no  reason  to  expect  any 
indulgence  or  clemency  at  its  hands ;  and  in 
this  opinion,  if  entertained  by  the  directors, 
altout  which  there  can  Ihj  but  little  question, 
subsequent  events  very  .soon  proveil  they  were 
not  mistaken.  The  President's  address  to  his 
cabinet ;  the  tone  assumed  by  the  Secretary 
(Mr.  Taney)  in  his  oilicial  conunumcation  to 
Congress,  and  the  developments  8ub.se(jnently 
made  by  Mr.  Duane  in  his  address  to  the  pub- 
lic, all  confirm  the  correctness  of  this  anticipa- 
tion. The  measure  which  the  i)ank  h.id  cause 
to  fear  was  the  accumulation  by  government 
of  large  masses  of  notes,  and  the  existence  tlicre- 
by  of  heavy  demands  against  its  offices  (p.  16). 


-k  ^ 


■  if  ' 


"  Tn  pciwvcring  in  its  jwlicy  of  redeeming  its 
notes  wlicnever  jiresented,  and   tlierehy  con- 
tinuiti);  tliein  us  a  universal  iiiedium  of  cxclinngc, 
in  (>p|M)Hiti(>n  to  complaints  on  that  licail  from 
some  of  the  hrnnche^  (sec  copies  of  correspond- 
ence), the  security  of  the  institution  and  tJic 
good  of  the  country  were  alike  promoted.    The 
accunnilation  of  the  notes  of  any  one  hranch  for 
the  purpose  of  a  run  upon  it  \>y  any  agent  of 
tho  government,  when  specie  might  Is;  obtained 
at  the  very  places  of  collection,  in  exchange  for 
the  notes  of  the  most  distant  hranclies,  would 
liuve  been  odious  in  the  eyes  of  the  public,  and 
a.-icribed   to  no  other  feeling  than  a  feeling  of 
vindictiveness  "  (p.  22).     l.'iM)n  these  extracts, 
Mr.  I),  said,  it  was  clear  that  the  committee  hud 
Ix'cn  so  unfortunate  as  to  commit  a  series  of 
niistukes,  and  every  mistake  to  the  advantage 
of  the  ijttnk,  and  to  the  prejudice  of  the  govern- 
ment unil  the  country.     First,  tlie  government 
is  charged,  for  the  charge  is  clear,  though  slightly 
veiled,  that  the  President  of  the  Tnited  States 
in  his  v indict iveness  against  the  bunk,  would 
cttuse  the  nuUs  of  the  branches  to  be  accunni- 
luteil,  and  presseil  upon   them   to  break  them. 
Next,  tlie  coinmiUee  onut  to  notice  the  very 
thing  actuiilly  <l'»iie,  in  our  \ery  presence  here, 
by  tlie  Bank  of  the  L'nited  States  against  u  de- 
l»o8it  bank,  which    it   charges  without    foun- 
dation UMonthe  President.     Then  it  credits  the 
liunk  with  the  lionor  of  paying  its  notes  every 
where,  and  exchun(,'ing  the  notes  of  the  most  dis- 
tant branches  for  specie,  when  the  cose  of  tlic 
Metropolis  Hank,  hero  in  our  presence,  for  the 
whole  period  of  the  panic  session,  proves  the 
contrary ;  and  when  we  have  u  printed  docu- 
ment, positive  testimony  from  many  banks,  and 
brokers,  testifying  that  tho  branches  in  Balti- 
more and  New- York,  during  the  fall  of  1H33, 
positively  refused  to  redeem  the  notes  of  other 
branches,  or  to  accept  them  in  exchange  for  the 
notes  of  the  local  banks,  though  taken  in  pay- 
ment of  revenue ;  and  that,  in  consequen«x>,  the 
notes  of  distant  branches  fell  below  par,  and 
were  sold  at  a  discount,  or  lent  for  short  periods 
without  interest,  on  condition  of  getting  sjwcie 
for  them ;  and  that  this  continued  till  Mr.  Taney 
coerced  the  bunk,  by  means  of  transfer  drafts 
to  cause  the  notes  of  her  branches  to  be  re- 
ceived and  honored  at  other  branches  us  usual. 
In  all  this,  Mr.  13.  said,  the  report  of  the  com- 
mittee was  most  unfortunate ;  and  showed  the 


necessity  for  a  new  committee  to  examine  that 
institution;  a  committee  constituted  upon  par- 
liamentary principles — a  majority  in  favor  ofin- 
(piiry — li'.'e  that  of  the  Post  Office.  The  rna- 
tion  of  such  a  committee,  Mr.  B.  said,  was  the 
more  necessary,  as  one  of  tlic  main  guards  in- 
tended  by  the  charter  to  Ik;  plua<d  over  tli6 
bank  was  not  there  during  the  |K>riod  of  th* 
pressun>  and  panic  opi-ralions  ;  he  alluded  to  th(. 
government  directors  ;  the  history  of  whose  re- 
jcTtion,  after  such  long  delays  in  the  Semite  to 
act  on  their  nomination,  is  known  to  the  wliolo 
country. 

The  next  instance  of  wanton  pressure  which 
Mr.  B.  would  mention,  wrs  the  ci>«e  of  an  in- 
dividual, then  a  meml)cr  of  the  Senate  from 
Pennsylvania,  now  minister  to  St.  Peterslmr;; 
(Mr.  Wilkins).  That  gentleman  had  infurninl 
him  (Mr.  B.),  towanls  the  close  of  the  iium 
session,  that  the  bank  had  caused  u  xcire  fiicing 
to  be  served  in  his  house,  ti>  the  alarm  and  dis- 
tress of  his  wife,  to  revive  a  judgment  against 
him,  whilst  he  wr.s  here  opposing  the  bank. 

[.Mr.  Ewing,  of  Ohio,  here  rose,  and  wished  to 
know  of  Mr.  B.  whether  it  was  the  Banknf  ihe 
l'nited  States  that  had  issued  this  scire  Jaciat 
against  .Mr.  Wilkins.] 

•Mr.  B.  was  very  certain  that  it  was.  He  re- 
collected not  only  the  information,  but  the  time 
and  the  place  when  and  where  it  was  given; 
it  was  the  last  days  of  the  last  session,  and  at 
the  window  b<'yond  that  door  (pointing  to  tlie 
door  in  the  corner  behind  himj ;  and  he  uiMcil. 
if  there  is  any  question  to  Ik>  raised,  it  ciui 
settled  witlumt  sending  to  Russia;  the  scire 
Jacitis,  if  issued,  will  be  on  record  in  Pittsburi,'. 
.Mr.  B.  then  said,  the  cau.se  <if  this  condnot  tn 
Mr.  Wilkins  can  be  imderstood  when  if  is  n- 
collected  that  he  had  denied  on  this  floor  tlie 
existence  of  the  great  distress  which  had  Uiii 
depicted  at  Pittsburg ;  and  the  necessity  that 
the  bank  was  under  to  jnish  him  at  that  time 
can  be  appreciated  by  seeing  that  two  and  (ift\ 
members  of  Congress,  as  reported  by  the  Fi- 
nance Committee,  had  received  "  accoininoda- 
tions"  from  the  bank  and  its  brandies  in  l\w 
same  year  that  a  .'senator,  and  a  citizen  of  IVnn- 
.sylvauia,  opjiosed  to  the  bank,  was  thus  jiru- 
ceeded  against.* 

•  At  pnirtHi  87  »n(l  SS  of  l!in  rcpiirt,  the  Fltmnrc  I'limiiiitM 
fiil'y  acqiilUt  tlie  biiiik  of  all  iiijiirioii.i  (liscriiiiiimtluns  txiwtcl 
iKirruwi-n  Mid  siiplicuiiti<,  uf  lUtlercut  imUUc*, 


ANNO  1835.     ANDRKW  JACKSON.  PRRslDF.NT. 


549 


fominUtei.  to  oxatnlnc  thixt 
KU-f  conntitvitcd  ui>«)n  imr- 
s-ainttj<.r»ty  in  favor  "f'n- 

thc  lV.Ht  (»ffl<-e-  '"'^'  "'•'^• 
nittce,  Mr.  B-  saWl,  wm  th. 
one  ..f  the  inuin  jjuur.ls  in- 
rter  to  »hs  placo.l  over  U.b 
e  .luriuK  the  ^riod  of  Ih* 
(,pc.rali....s;hcaUu.U-.llothr 
TH  ;  the  history  of  whose  re- 
long  .Mays  in  the  Seualo  to 
ution,  i«  known  to  the  whole 

,cc  of  wanton  preB«..re  which 
nti..n,wr..  the  cpnc  of  nn  m- 
meniWr  of  tlu-  Senate  fn.in 
V  minister  to  St.  Petershur, 
Tl>at  gentleman  hml  iiifonuul 
„war.lH  tiie  cIobc  of  the  litst 
»„u,kha.lcan^e.la«<nre/(awa. 
,ishouHe,totheahuman.l.h- 

to  revive  a  ju.lt;nu-nt  mm^^ 
;,,s  here  opposing  the  hank, 
f  Ohio,  here  .•o«o,an.lw.skM  to 
whether  it  was  the  Bank. Tthr 
,athaaisMie.lti.i8«n-rf>.r.. 

Ikins.l 

,,y  certain  that  it  was.    He  ic 

Iv  the  inf<.nnati..n,bi.t  the  turn 

,hen   and  where  it  was  given; 

days  of  tl>e  last  session,  uiul  ul 
,,ul  that  door  (pointing  to  tl.e 
.,,.  la.hind  him) ;  and  he  a.iae.l, 
,,H.stion  to  1.0  raised,  it  rani, 
.ending  to  llus.sia-,  the  sna' 

„  will  be  on  record  in  l'iUsl.ur„'. 
i'a  thcc-nuseof  this  conduct  t- 
n'l,e  understood  when  It  .-<  r^- 
,e  had  denied  on  this  fl.K>r  tl,c 
.e  .teat  di.-*lress  which  had  Utn 

U«rK;»"'^t»>*^    necessity  thul 
'Ider  t<,  push  him  at  that  tuue 

,ed  by  .eeing  that  two  and  l.J 
ongresH,  as  reported  by  the     - 
.U>e,  had  received   ••a.ronnuo    • 

,  ,;„U  and  its  branches  .,  t 
L,..nator,  and  a  citizen  of  rem. 

,ed  to  the  bank,  was  thvis  tro- 

I  * 


Mr.  U.  returned  to  the  resolution  which  it 
was  projwsed  to  exiiiinge.     lie  said  it  ought  to  ' 
po.     It  wM  the  root  of  tiie  evil,  the  father  of 
the  mischief,  the  iiourcf  of  the  injury,  the  Ito.x 
of  Pandoni,  which  had  fll!e<l  the  land  with  ca- 
lamity and  consternation  for  bIx  long  months. 
It  was  that  resiiliition,  far  more  than  the  con- 
duct of  the  bank,  which  raised  the  |tanic.  sunk 
th"  price  of  projHTty,  crushed  many  merchants, 
iiiipresseil    the  country  with  tlie  termr  of  an 
iiii|M'nding  revolution,  and  frightene<l  so  iniuiy 
g(i<)d  |ieople  out  of  tlu-  rational  exercise  of  their 
elective  franchise  at  the  spring  elections.     All 
tlicse  evils  have  now  passed  away.     The  i>anie 
hiis  subsided ;  the  price  of  produce  and  projMjrty 
has  rwt'vered  from  its  depres.sion,  and  risen  be- 
vond  its  former  lioutids.     The  c<mntry  is  tran- 
(liiii,  prosjwrous,  and  happy.    The  States  which 
had  Ir-ch   frightened  from  their    propriety  at 
till-  spring  elections,  have  regained  their  self- 
cuininand.     Now,  with  the  total  vanishing  of  its 
effects,  let  the  cause  vanish  olso.     Let  this  re- 
solution for  the  condenmation  of  President  Jack- 
son k'  expunged  from  the  journals  of  the  Sen- 
ate!   Let  it  lie  effacvd,  era.se<l,  blotted  out,  ob- 
liternte<l  from  the  face  of  that  papi'  on  which  it 
(should  never  have  U-en  written  !  Would  to  (Sod 
it  could  he  expunged  from  the  page  of  all  his- 
tory, and  from  the   memory  of  all   mankind. 
W'>uld  that,  Bo  far  as  it  is  concerned,  the  minds 
of   the   whole  existing  generation   should  be 
dipped  in  the  fabidouB  and  oblivious  waters  of 
the  river  Ixjthe.     But  these  wishes  arc  vain. 
The  resolution  must  survive  and  live.     History 
will  record  it ;  memory  will  retain  it ;  tradi'ion 
will  haml  it  down.     In  the  very  actof  expur/^a- 
tion  it  lives ;  for  what  is  taken  from  one  page 
is  placed  on  another.   All  atonement  for  the  un- 
fortunnte  calamitous  act  of  the  Senate  is  imper- 
fect and  inadequate.      Expunge,  if  we  can,  still 
the  only  ctrect  will  be  to  express  our  solenni 
convictions,  by  that  obliteration,  that  such  a  re- 
solution ought  never  to  have  soiled  the  pages  of 
oiirjouninl.    This  is  all  that  wo  can  tlo ;  and 
this  much  we  are  bound  to  do,  by  every  obliga 
tion  of  justice  to  the  President,  whose  name  has 
Ijctn  attainted ;  by  every  consideration  of  duty 
to  thi  CO'  ntry,  whose  voice  demands  this  repara- 
tion; hj    lur  regard  to  the  constitution,  which 
has  been   rampled  under  foot ;  by  respect  to  the 
Hcise  01  Hopiesentatives.  whoso  function  has 
been  usurped ;  by  self-respect,  which  rccjuires 


the  Senate  to  vindicate  its  justice,  to  torreet  its 
errors,  and  re-e>lablish  its  high  name  for  eipiity, 
dignity,  and  moderation.  To  err  is  human;  not 
to  err  is  divine;  to  correct  error  is  the  work  of 
supi'reminent  and  also  sn|Krhuman  moral  ex- 
cellence, and  this  exalteil  work  now  remains  for 
the  Senate  to  perform. 


C  II  APT  Ell    CXXIV. 

KXPf.NOINd  UKSOI.tTTION:    I!I--rK(rrKI),  AND 
KKNKWKU. 

TiiK  s|>eech  which  h  d  been  delivered  by  Mr. 
Benton,    was    intended    for    ellect    u|ion    the 
cimnlry — to  inlluence  tin   forthcoming  elect i' lis 
— and  not  with  any  view  to  act  upon  the  .Senate, 
still  consisting  of  the  same  members   who  had 
INissed   the  condemnatory   resolution,  and  not 
exiiectcd  to  condemn  their  own  act.     The  ex- 
punging resolution  was   laid  np(m    the    table, 
without  any  intention  to  move  it  again  during 
the  present  session ;  biil     mi  the  last  day  of  the 
session,    when   the  Senate  was  crowded  with 
business,  and  when   there  was  hardly  tiine  to 
finish  up  the  indisiiensable  legislation,  the  motion 
was  called  up,  and  by  one  of  its  op{Mmeuts — 
Mr.  Clayton,  of  Delaware — the  author  of  the 
nioticm  being  under  tli'*  necessity  to  vote  for  the 
taking  up,  though  ex|>i'cting  no  good  from  it. 
Tlie  moment  it  was  taken  up,  Mr.  White,  of 
Tennessee,  moved  to  strike  out  the  word  '"  ex- 
punge," and  insert  "  rescind,  reverse,  and  make 
null  and  void."    This  motion  ostori  .bed  Mr. 
Benton.     Mr.   Whit,    besides  opposing  all  the 
proceedings  against  Pri  Mdent  Jackson,  had  been 
his    iiersonal    and  political  friend  from  early 
youth — for  the  more  than  forty     cars  which 
tach  of  them  had  residt  1   in  Tt  imessee.     IIo 
exix;cted  his  aid,    ind  felt  the  danger  of  such  a 
defection.     Mr.    Benton  defended  his  word  as 
being  strict 'y  parliamentary,  and  the  only  one 
which  \   -  iiri'iter  to  boused  when  an  unautho- 
rized act  is  to  be  condemned — all  other  phra.scs 
admitting  the  legality  of  the  act  which  is  to  bo 
in  alidated.     Mr.  White  justified  his  motion  <  n 
the  groun<l  that  an  exijurgation  of  the  journal 
would  be  it  ^  obliteration,  which  he  deemed  in- 
consistent with  the  constitutional  iiijunctiou  to 
"keep"  a  journal — the  word  '•ke<fp"    being 


IMAGE  EVALUATION 
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Hiotographic 

Sciences 

Corporation 


23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

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THIRTY  YEARS'  VIEW. 


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taken  in  Us  primary  scn.«c  of  "  holding,"  "  pre- 
serving," instead  of  "writi!":g,"  a  journal:  but 
the  mover  of  the  resolution  soon  saw  that  Mr. 
"White  was  not  the  only  one  of  his  friends  who 
had  yielded  at  that  point — that  others  had  given 
way — and,  came  about  him  importuning  him  to 
give  up  the  obnoxiou.s  word.  Seeing  himself 
almost  deserted,  he  yielded  a  mortifying  and  re- 
luctant assent ;  and  voted  with  others  of  his 
friends  to  emasculate  his  own  motion — to  re- 
duce it  from  its  higli  tone  of  reprobation,  to  the 
legal  formula  which  applied  to  the  reversal  of  a 
mere  error  in  a  legal  proceeding.  The  moment 
the  vote  was  taken,  Mr.  Webster  i-ose  and  ex- 
ulted in  the  victory  over  the  hated  phrase.  He 
proclaitned  the  accomplishment  of  every  thing 
that  he  desired  in  relation  to  the  expunging  re- 
solution :  the  word  was  itself  expunged ;  and  he 
went  on  to  triumph  in  the  victory  which  had 
been  achieved,  saying : 

•'  That  which  made  this  resolution,  which  we 
have  now  amended,  particularly  offensive,  was 
this :  it  proposed  to  expunge  our  journal.  It 
called  on  us  to  violate,  to  obliterate,  to  erase, 
our  own  records.  It  was  calculated  to  fix  a 
particular  stigma,  a  peculiar  mark  of  reproach 
or  disgrace,  en  the  resolution  of  March  last.  It 
was  designed  to  distinguish  it,  and  reprobate  it, 
in  some  especial  manner.  Now,  sir,  all  this  most 
happily,  is  completel}'  defeated  by  the  almost 
unanimous  vote  of  the  Senate  which  has  just 
now  been  taken.  The  Senate  has  declared,  in 
the  most  emphatic  manner,  that  its  journal 
shall  not  be  tampered  with.  I  rejoice  most 
heartily,  sir,  in  this  descisive  result.  It  is  now 
settled,  by  authority  not  likely  to  be  shaken, 
that  our  records  are  sacred.  Men  may  change, 
opini  as  may  change,  power  may  change,  but, 
thanks  to  the  firmness  of  the  Senate,  the  re- 
cords of  this  body  do  not  change.  No  instruc- 
tions from  without,  no  dictates  from  principali- 
ties or  powers,  nothing — nothing  can  be  allowed 
to  induce  the  Senate  to  falsify  its  own  records, 
to  disgrace  its  own  proceedings,  or  violate  the 
rights  of  its  members.  For  one,  sir,  I  feel  that 
we  have  fully  and  completely  accomplished  all 
that  could  be  desired  in  relation  to  this  matter. 
The  attempt  to  induce  the  Senate  to  expunge 
its  journal  has  failed,  signally  and  effectually 
failed.  The  record  remains,  neither  blurred, 
blotted,  nor  disgraced." 

And  then,  to  secure  the  victory  which  he  had 
gained,  Mr.  Webster  immediately  moved  to  lay 
the  amended  resolution  on  the  table,  with  the 
peremptory  declaration  that  he  would  not  with- 
draw his  motion  for  friend  or  foe.  The  resolve 
was  laid  upon  the  table  by  a  vote  of  27  to  20. 


The  exulting  speech  of  Mr.  Webster  restored  n 
to  my  courage — made  a  man  of  me  again  ;  ai 
the  moment  the  vote  was  over,  I  rose  and  su 
mitted  the  original  resolution  over  again,  wit 
the  detested  word  in  it — 1'>  stand  for  the  secoi 
week  of  the  next  session — with  the  peremptoi 
declaration  that  I  would  never  yield  it  agaiu  i 
the  solicitations  of  friend  or  foe. 


CHAPTER    CXXV. 

BRANCH  MINTS  AT  NEW  ORLEANS,  AND  IX  TI 
GOLD  REGIONS  OF  GEORGIA  AND  NORTH  CA 
OLINA. 

The  bill  had  been  reported  upon  the  propos 
tiou  of  Mr.  Waggaman,  senator  from  Louisian 
and  was  earnestly  and  perseveringly  oppose 
by  Mr.  Clay,     lie  moved  its  indefinite  pes 
ponement,  and  contended  that  the  mint  at  Piii 
adelphia  was  fully  competent  to  do  all  the  coii 
age  which  the  country  required.     He  denic 
the  correctness  of  the  argument,  that  the  mii 
at  New  Orleans  was  necessary  to  prevent  tl 
transportation  of  the  bullion  to  Philudelplii 
It  would  find  its  way  to  the  great  comnicrci 
marts  of  the  country  whether  coined  or  lu 
He  considered  it  unwise  and  injudicious  to  e 
tablish  these  branches.    He  supposed  it  won 
gratify  the  pride  of  the  States  of  Nortli  Caro! 
na  and  Georgia  to  have  them  there  ;  but  \vh 
the  objections  to  the  measure  were  so  stron 
he  could  not  consent  to  yield  his  opposition 
it.    He  moved  the  indefinite  postponement 
the  bill,  and  asked  the  yeas  and  nays  on  1 
motion  ;   which  were  ordered. — Mr.  Manp:ii 
regretted  the  opposition  of  the  senator  fro 
Kentucky  (Mr.  Clay),  and  thought  it  neccssa 
to  multiply  the  number  of  American  coins,  ai 
bring  the  mints  to  the  places  of  prodiictifl 
There  was  an  actual  loss  of  near  four  per  cci 
in  transporting  the  gold  bullion  from  the  (lee 
gia  and  North  Carolina  mines  to  Phiiadelpl 
for  coinage.     With  respect  to  gratifying  t 
pride  of  the  Southern  States,  it  was  a  niiscc 
ception  ;  for  those  States  had  no  priie  to  gni 
fy.     He  saw  no  evil  in  the  multi    ication 
these  mints.    It  was  well  shown  1     the  scr 
tor  fi'om  Missouri,  when  the  bill  wr^.i  up  befo 
that,  in  the  commentaries  «n  the  constitution 


ANN'O  1835.     ANDREW  JACKSON,  rRKSIDF.NT. 


551 


cch  of  Mr.  Webster  restored  me 
-made  a  man  of  me  again  ;  and 
vote  was  over,  I  rose  and  sub- 
mi  resolution  over  again,  with 
rd  in  it-tT  stand  for  the  stiond 
,t  session-with  the  peremptory 
,  I  would  never  yield  it  again  to 
8  of  friend  or  foe. 


A.PTER    CXXV. 

a  AT  NEW  OKLEANS,  AND  IN  THE 
SS  OF  GEOKGIA  AND  NOUTII  CAU- 

been  reported  upon  the  proposi- 

raggaman,  senator  from  Loui»ian;i, 

lestly  and  perseveringly  opposed 

He  moved  its  indefinite  post- 

d  contended  that  the  mint  at  Phil- 

fuUy  competent  to  do  all  the  coin- 
he  country  required.  He  denied 
■ss  of  the  argument,  that  the  mmt 
eans  was  necessary  to  prevent  the 
Ln  of  the  bullion  to  Philadelplu;i. 
d  its  way  to  the  great  commercial 

>  country  whether  coined  or  nut. 
>d  it  unwise  and  injudicious  to  es- 

>  branches.  He  supposed  it  would 
ride  of  the  States  of  North  Carol.- 
giatohave  them  there;  but  when 

„8  to  the  measure  were  so  stronjr, 
consent  to  yield  his  opposition  to 

ed  the  indefinite  postponement  o\ 
asked  the  yeas  and  nays  on  his 
hich  were  ordcred.-Mr.  Man^im 
,e  opposition  of  the  senator  from 
Mr  Clay),  and  thought  it  necessary 
the  number  of  American  coins,  and 
nints  to  the  places  of  production. 
.n  actual  loss  of  near  four  per  cent, 
ing  the  gold  bullion  from  the  (.eor- 
Lth  Carolina  mines  to  Philadelplua 
With  respect  to  gratifymg  the 
Southern  States,  it  was  a  miscon- 
those  States  had  no  pri. etc  iirati- 
no  evil  in  the  m«lti    icat.on  of 
^    It  was  well  sho>vn  1     the  sem- 
i8Souri,  when  tbo  bill  w^.  up  befor^. 
'cTmmUriesCBtheconstituUonU 


was  understood  that  branches  might  be  multi- 
plied.— Mr.  Frclinghuysen  thought  that  the  ob- 
ject of  having  a  mint  was  mistaken.    The  mint 
was  established  fur  the  accommodation  of  the 
government,  and  he  thought  the  present  one 
sufficient.      Why   put    an    additional    burden 
upon  tiie  government  becau.sc  the  people  in  the 
South  have  been  so  fortunate  as  to  find  gold  ? 
—Mr.  Bedford  Brown  of  North  Carolina,  said 
the  senator  from  New  Jersey,  asked  why  we 
apply  to  Congress  to  relieve  us  from  the  bur- 
den of  transporting  our  bullion  to  be  coined, 
wlien  the  manufacturers  of  the  North  did  not 
ask  to  be  paid  for  transporting  their  material. 
He  said  it  was  true  the  manufacturers  had  not 
asked  fur  this  transportation   assistance,  but 
they  asked  for  what  was  much  more  valuable, 
and   got  it — protection.      The  people  of  the 
South  ask  no  protection ;  they  rely  on  their 
own  exertions ;  they  ask  but  a  simple  act  of 
justice — for    their    rights,  under    the    power 
granted  by  the  States  to  Congress  to  regulate 
the  value  of  coin,  and  to  make  the  coin  itself. 
It  has  the  exclusive  privilege  of  Congress,  and 
he  wished  to  see  it  exercised  in  the  spirit  in  which 
it  was  granted;  and  which  was  to  make  the  coin- 
iinre  generel  for  the  benefit  of  all  the  sections  of 
the  Union,  and  not  local  to  one  section.    The  re- 
mark of  the  gentlemen  is  founded  in  mistake. 
What  are  the  facts  ?    Can  the  gold  bullion  of 
North    Carolina   be   circulated  as  currency  ? 
We  all  know  it  cannot ;  it  is  only  used  as  bul- 
lion, and  carried  to  Philadelphia  at  a  great  loss. 
Another  reason  for  the  passage  of  the  bill,  and 
one  which  Mr.  Brown  hoped  would  not  be  less 
regarded  by  senators  on  the  other  side  of  the 
House,  was  that  the  measure  would  be  auxiliary 
to  the  restoration  of  the  metallic  currency,  and 
bring  the  government  back  to  that  currency 
wliich  was  the  only  one  contemplated  by  the 
constitution. 

Mr.  Benton  took  the  high  ground  of  consti- 
tutional right  to  the  establishment  of  these 
branches,  and  as  many  more  as  the  interests  of 
the-  States  required.  He  referred  to  the  Fede- 
ralist, No.  44,  written  by  Mr.  Madison,  that  in 
surrendering  the  coining  power  to  the  federal 
povcrnment,  the  States  did  not  surrender  their 
riglit  to  have  local  mints.  He  read  the  passage 
from  the  number  which  he  mentioned,  and  which 
was  the  exposition  of  the  clause  in  the  constitu- 
tion relative  to  the  coining  power.    It  was  ex- 


press, and  clear  in  the  assertion,  that  the  States 
were  not  to  be  put  to  the  expense  and  trouble 
of  sending  their  bullion  and  foreign  coins  to  a 
central  mint  to  be  recoined ;  biit  that,  as  many 
local  mints  would  be  established  under  the  au- 
thority of  the  general  government  as  should  be 
r.eccssary.  Upon  this  exposition  of  the  meaning 
of  the  constitution,  Mr.  B.  said,  the  States  ac- 
cepted the  constitution ;  and  it  would  be  a  fraud 
on  them  now  to  deny  branches  where  they  were 
needed.  He  referred  to  the  gold  mines  in  North 
Carolina,  and  the  delay  with  which  that  State 
accepted  the  constitution,  and  inquired  whether 
she  would  have  accepted  it  at  all,  without  an 
amendment  to  secure  her  rights,  if  she  could 
have  foreseen  the  great  discoveries  of  gold  within 
her  limits,  and  the  present  opposition  to  grant- 
ing her  a  local  mint.  That  State,  through  her 
legislature,  had  applied  for  a  branch  of  the  mint 
years  ago,  and  all  that  was  said  in  her  favor  was 
equally  applicable  to  Georgia.  Mr.  B.  said,  the 
reasons  in  the  Federalist  for  branch  mints  were 
infinitely  stronger  now  than  when  Mr.  Madison 
wrote  in  1788.  Then,  the  Southern  gold  region 
was  unknown,  and  the  acquisition  of  Louisianji 
not  dreamed  of.  New  Orleans,  and  the  South, 
now  require  branch  mints,  and  claim  the  execu- 
tion of  the  constitution  as  expounded  by  Mr. 
Madison. 

Mr.  B.  claimed  the  right  to  the  establishment 
of  these  branches  as  an  act  of  ju.stice  to  the 
people  of  the  South  and  the  West.  Philadelphia 
could  coin,  but  not  diffiise  the  coin  among  them. 
Money  was  attracted  to  Philadelphia  from  the 
South  and  West,  but  not  returned  back  again 
to  tho.se  regions.  Local  mints  alone  could  sup- 
ply them.  France  had  ten  branch  mints ;  Mexico 
had  eight ;  the  United  States  not  one.  The  es- 
tablishment of  branches  was  indispensable  to 
the  diffusion  of  a  hard-money  currency,  espe- 
cially gold ;  and  every  friend  to  that  currency 
should  promote  the  establishment  of  branches. 

Mr.  B.  said,  there  were  six  hundred  machines 
at  work  coining  paper  money — he  alluded  to  the 
six  hundred  banks  in  the  United  States ;  and 
only  one  machine  at  work  coining  gold  and  silver. 
He  believed  there  ought  to  be  five  or  six  branch 
mints  in  the  United  States;  that  is,  two  or  three 
more  than  provided  for  in  this  bill ;  one  at 
Charleston,  South  Carolina,  one  at  Nor/i/lk  or 
Richmond,  Virginia,  and  one  at  New- York  or 
Boston.    Thfc  United  States  Bank  had  twenty- 


552 


THIRTY  YEAIJS'  VIEW, 


ml-.' 


four  brandies  ;  give  tlio  United  States  Ttlint  five 
or  six  branches ;  and  tlic  name  of  that  bank 
wouhl  cease  to  be  nrjred  npon  us.  Nol)ody 
would  want  her  paper  when  they  could  get  gold. 

Mr.  B.  scouted  the  idea  of  expense  on  sueli  an 
object  as  this.  The  expense  was  but  inconsider- 
able in  itself,  and  was  nothing  compared  to  its 
object.  For  the  object  wo  o  supply  the  country 
with  a  safe  currency, — with  a  constitutional 
currency  ;  and  currency  w'as  a  thing  which  con- 
cerned every  citizen.  It  was  a  point  at  which 
the  action  of  government  reached  every  Iniman 
being,  and  bore  directly  upon  his  property,  upon 
his  labor,  and  ujjon  his  daily  bread.  The  States 
had  a  good  currency  when  this  federal  govern- 
ment was  formed ;  it  was  gold  and  silver  for 
common  use,  and  large  bank  notes  for  large 
operations.  Now  the  whole  hmd  is  infested  i 
with  a  vile  currency  of  small  paper :  and  every 
citizen  was  more  or  less  cheateil.  He  himself 
had  but  two  bank  notes  in  the  world,  and  they 
were  both  counterfeits,  on  the  United  States 
Bank,  with  St,  Andrew's  cross  drawn  through 
their  faces.  lie  used  nothing  but  gold  and 
silver  since  the  gold  bill  passed. 

In  reply  to  Mr.  Frelinghuysen,  who  asked 
where  was  the  gold  currency  ?  He  would  an- 
swer, far  the  greatest  part  of  it  was  in  the  vaults 
of  the  Bank  of  the  United  States,  and  its 
branches,  to  be  sold  or  shipped  to  Europe ;  or  at 
all  events,  to  be  kept  out  of  circulation,  to  enable 
the  friends  of  the  bank  to  ask,  where  is  the  gold 
currency  ?  and  then  call  the  gold  bill  a  humbug. 
But  he  would  tell  the  gentleman  where  a  part 
of  the  gold  was  ;  it  was  in  the  Metropolis  Bank 
in  this  city,  and  subject  to  his  check  to  the  full 
amount  of  his  pay  and  mileage.  Yes,  said  Mr. 
B,,  now,  for  the  first  time,  Congress  is  paid  in 
gold,  and  it  is  every  member's  own  fault  if  he 
does  not  draw  it  and  use  it. 

Mr.  B.  said  this  question  concerned  the  South 
and  West,  and  he  would  hope  to  see  the  repre- 
sentatives from  these  two  sections  united  in  sup- 
port of  the  bill.  He  saw  with  pleasure,  that 
several  gentlemen  from  the  north  of  the  Poto- 
mac, and  from  New  England  were  disposed  to 
support  it.  Their  help  was  most  acceptable  on 
a  subject  so  near  and  so  dear  to  the  South  and 
West.  Every  inhabitant  of  the  South  and  West 
was  personally  interested  in  the  success  of  the 
bill.  From  New  Orleans,  the  new  coin  would  as- 
cend the  Mississippi  River,  scatter  itself  all  along 


its  banks,  fill  all  its  towns,  cities,  and  villag 
branch  off  into  the  interior  of  the  country,  asc 
all  the  tributary  streams,  and  replenish  i 
refresh  the  whole  face  of  the  land.  Fi 
the  Southern  mints,  the  new  gold  would  cc 
into  the  West,  and  especially  into  Kentuc 
Ohio,  and  Tennessee,  by  the  stock  drivi 
being  to  tliem  a  safe  and  easy  remittance,  an 
the  comitry  a  noble  accession  to  their  currcn 
enabling  them  quickly  to  dispense  with  tl 
small  notes. 

It  was  asked,  Mr.  B.  said,  what  loss  has 
Wcsttrn  People  now  sustained  forwantofgc 
lie  would  answer  that  the  whole  West  was 
of  counterfeit  paper;  that  counterfeit  pj 
formed  a  large  part  of  the  actual  circulat 
especially  of  the  United  States  branch  dra 
that  sooner  or  later  all  these  counterfeits  n 
stop  in  somebody's  hands ;  and  thej'^  would 
sure  to  stop  in  the  hands  of  those  who  were  I 
able  to  bear  the  loss.  Every  trader  down 
Mississippi,  Mr,  B,  said,  was  more  or  less  im] 
ed  upon  with  counterfeit  paper ;  some  lost  n 
ly  their  whole  cargoes.  Now  if  there  was  a  bra 
mint  in  New  Orleans  every  one  would  get  i 
gold.  He  could  get  it  direct  from  the  mint 
have  his  gold  examined  there  before  he  rcccj 
it.  Mr.  B,  said  that  one  great  object  of  es 
fishing  branch  mints  was  to  prevent  and  dc 
counterfeiting.  Such  establishments  would 
tect  every  counterfeit  piece,  and  enable 
bod)'  to  have  recourse  to  a  prompt  and  safe  s 
ard  for  ascertaining  what  was  genuine  and 
not.  This  was  a  great  reason  for  the  ten  bi 
es  in  France, 

Mr.  B.  was  against  the  paper  system.    He 
against  all  small  notes.     He  was  against  al 
per  ctUTcncy  for  common  use ;  and  being  a;;; 
it  he  was  in  favor  of  the  measures  that  w 
put  down  small  paper  and  put  up  gold  and  si 
The  branching  of  the  mint  was  one  of  the 
pensable  measures  for  accomplishing  that  ol 
and  therefore  he  was  for  it.     He  \\as  in 
of  practical  measures.     Speeches  alone  w 
not  do.    A  gentleman  might  make  a  fine  s; 
in  favor  of  hard  money ;  but  unless  he  gave 
in  favor  of  measures  to  accomplish  it,  the  s] 
would  be  inoperative.     Mr.  B.  held  tlie  F 
currency  to  be  the  best  in  the  world,  \\  litre 
was    no  bank    note  under   500   francs 
$100),  and  where,  in  consequence,  there  \ 
gold  and  silver  circulation  of  upwards  o 


ANNO  18:io.     ANDIIF.W  JACKSON,  PUl'.SIDKNT. 


553 


mits  towns,  cities,  and  villages; 
the  interior  of  the  country,  ascend 
^ry  streams,  and  replenish  and 
^l.olc  face   of  the  land.      From 
„rnts,  the  new  gold  would  come 
t   and  especially  into  Kentucky, 
;ncssee,  by   the    stock   drivers, 
a  safe  and  easy  remittance,  and  to 
noble  accession  to  their  currency; 
1  quickly  to  dispense  with  their 

cd  Mr.  B.  said,  what  loss  has  the 
pie  now  sustained  for  wantof  gold? 
swer  that  the  whole  West  was  full 
it  paper;   that  counterfeit   paper 
(..ve  part  of  the  actual  circulation, 
"the  United  States  branch  drafts; 
or  later  all  these  counterfeits  must 
ebody's  hands;  and  they  would  be 
in  the  hands  of  those  who  were  least 
.  the  loss.    Every  trader  down  the 
Mr  B.  said,  was  more  or  less  impos- 
th  counterfeit  paper;  some  lost  near- 
>le  cargoes.  Now  if  there  wasa  branch 
■w  Orleans  every  one  would  get  new 
could  get  it  direct  from  the  mint ;  or 
Lid  examined  there  before  he  rcccivcl 
I  said  that  one  great  object  of  cstab- 
nch  mints  was  to  prevent  and  detect 
iinc     Such  establishments  would  do- 
^  counterfeit  piece,  and  enable  everj- 
,e  recourse  to  a  prompt  and  safe  stand- 
iertaining  what  was  genuine  and  what 
wasagreatreasonforthetenbranch- 

Ice 

,vas  against  the  paper  system.    He  was 

small  notes.  He  was  against  all  pa- 
,cv  for  common  use;  and  being  against 
„  favor  of  the  measures  that  would 
small  paper  and  put  upgoldandsilver, 
.hingoflhemintwasoneoftheind.=- 
neasures  for  accomplishing  that  object 

^ore  he  was  for  it.    He  was  in  fovor 
•al  measures.      Speeches  alone  .oul 
^gentleman  might  make  a  fine  speech 

r  hard  money;  but  unless  he  gave  votcj 
f^neasures  to  accomplish  it  the  sreec 

inoperative.    Mr.  B.  held  the  French 
tobethebestintheworld,wh.rethe« 

'bank    note  under   500   fninc     - 
,d  where,  in  consequence,  there  .a 

silver  circulation  of  upwards  of  to 


Inindrcd  millions  of  dollars ;  a  currency  which 
had  lately  stood  two  revolutions  and  one  con- 
quest, without  the  least  fluctuation  in  its  quan- 
tity or  value. 

New  Orleans,  he  said,  occupied  the  most  feli- 
citous point  in  America  for  a  mint.  It  was  at 
the  point  of  reception  and  diffusion.  The  specie 
of  Mexico  came  there;  and  when  there,  it  as- 
cended the  river  into  the  whole  West.  It  was 
the  market  city — the  emporium  of  the  Great 
Valley ;  and  from  that  point  every  exporter  of 
produce  could  receive  his  supply  and  bring  it 
home.  Mr.  B.  reiterated  that  this  was  a  question 
of  currency ;  of  hard  money  against  paper ;  of 
gold  against  United  States  Bank  notes.  It  was 
a  struggle  with  the  paper  system.  He  said  the 
gold  bill  was  one  step ;  the  branching  the  mint 
would  be  the  second  step;  the  suppression  of  all 
notes  under  twenty  dollars  would  be  the  third 
6tep  towards  getting  a  gold  and  silver  currency. 
The  States  could  do  much  towards  putting  down 
small  notes  ;  the  federal  government  could  put 
them  down,  by  putting  the  banks  which  issued 
them  under  the  ban  ;  or,  what  was  better,  and 
best  of  all,  returning  to  the  act  of  1789,  which 
enacted  that  the  revenues  of  the  federal  govern- 
ment should  be  received  in  gold  and  silver  coin 
only. 

The  question  was  then  put  on  Mr.  Clay's 
motion  for  indefinite  postponement — and  failed 
—10  yeas  to  27  nays.     Further  strenuous  exer- 
tion was  made  to  defeat  the  bill.    Mr.   Clay 
moved  to  postpone  it  to  the  ensuing  week — 
which,  being  near  the  end  of  the  session,  would 
k  a  delay  which  might  be  fatal  to  it ;  but  it 
came  near  passing — 20  yeas  to  22  nays.     A 
motion  was  made  by  Mr.  Clay  to  recommit  the 
hill  to  the  Committee  of  Finance — a  motion  equi- 
valent to  its  abandonment  for  the  session,  which 
failed.    Mr.  Calhoun  gave  the  bill  an  earnest 
support.  lie  said  it  was  a  question  of  magnitude, 
and  of  vital  importance  to  the  South,  and  de- 
served the  most  serious  consideration.    Yet,  he 
^  was  sorry  to  say.  he  had  seen  more  persever- 
l  ing  opposition  made  to  it  than  to  any  other 
measure  for   the    last  two  years.    It  was  a 
I  Btctional  question,  but  one  intended  to  extend 
I  equal  benefits  to  all  the  States — Mr.  Clay  said, 
if  there  had  been  resistance  on  one  side,  there  had 
[  also  been  a  most  unparalleled,  and  he  must  say, 
j  unbounded  perseverance  on  the  other.  Ho  would 


repeat  that  in  whatever  light  he  harl  rtceived  the 
proposed  measure,  he  had  been  unable  to  come 
to  any  other  conclusion  than  this,  that  it  was,  in 
his  humble  judgment,  delusive,  uncalled  for, 
calculated  to  deceive  the  people — to  hold  out 
ideas  which  would  nev  er  be  realized ; — and  as 
utterly  unworthy  of  the  consideration  of  the 
Senate. — Mr.  Calhoun  was  astonished  at  the 
warmth  of  Mr.  Clay  on  this  question — a  ques- 
as  much  sectional  in  one  point  of  view,  as  a 
measure  could  be,  but  national  in  another. 
Let  senators  say  what  they  would,  this  govern- 
ment was  bound,  in  his  opinion,  to  establish  the 
mints  which  had  been  asked  for.  Finally,  the 
question  was  taken,  and  carried — 24  to  19 — the 
yeas  being :  Messrs.  Benton,  Bibb,  Brown,  Cal- 
houn, Cuthbert,  Hendricks,  Kane,  King  of  Ala- 
bama, King  of  Georgia,  Leigh,  Linn,  Mangum, 
Morris,  Porter,  Preston,  Robinson,  Buggies, 
Shepley,  Tallmadge,  Tyler,  Waggaman,  Webster, 
White,  Wright.  The  nays  were :  Messrs.  Bell 
of  New  Hampshire,  Black  of  Mississippi,  Bu- 
chanan, Clay,  Clayton,  Ewing,  Frelinghuysen, 
Goldsborough,  Isaac  Hill,  Knight,  McKcan, 
Naudain,  Bobbins,  Silsbee,  Smith,  Southard, 
Swift,  Tipton,  Tomlinson.  The  bill  was  imme- 
diately carried  to  the  House  of  Representatives  ; 
and  there  being  a  large  majority  there  in  favor 
of  the  hard  money  policy  of  the  administration, 
it  was  taken  up  and  acted  upon,  although  so 
near  the  end  of  the  session ;  and  easily  passed. 


CHAPTER    CXXVI. 

REGULATION    DEPOSIT   BILL. 

The  President  had  recommended  to  Congress 
the  passage  of  an  act  to  regulate  the  custody  of 
the  public  moneys  in  the  local  banks,  intrusted 
with  their  keeping.  It  was  a  renewal  of  the 
same  recommendation  made  at  the  time  of  their 
removal,  and  in  conformity  to  which  the  House 
of  Representatives  had  passed  the  bill  which 
had  been  defeated  in  the  Senate.  The  same  bill 
was  'l^cnt  up  to  the  Senate  again,  and  passed  by 
a  large  majority  :  twenty-eight  to  twelve.  The 
yeas  were:  Messrs.  Benton,  Black  of  Missis- 
sippi, Calhoun,  Clayton  of  Delaware,  Cuthbert  of 
Georgia,  Ewing  of  Ohio,  Frelinghuysen,  Golds- 


' 

^ 

i|iii 

' 

'^i''^i 

;    .V 

11 

i 

If 

1^1'' I  |l  -iiiili 

mmtv 


•    :.i    ^fi    '' 


554 


THIRTY  YEARS'  VIKW. 


borougli,  Kent,  Knight,  Leigh,  Linn,  McKean, 
Manguni,  Moore,  Alexander  Porter,  Prentiss, 
Preston,  Robbins,  Ilobinson,  Smith,  Southard, 
Swift,  TomUnson,  Tyler,  Waggaman,  Webster, 
Wright.  The  nays  were :  Messrs.  Bibb,  Brown, 
Buchanan,  Hendricks,  Hill,  Kane,  King  of  Ala- 
bama, Morris  of  Ohio,  Poindexter,  Buggies, 
Sheplcy,  Tallmadge.  And  thus,  the  complaint 
ceased  which  had  so  long  prevailed  against  the 
President,  on  the  alleged  illegality  of  the  State 
bank  custody  of  the  public  moneys.  These 
banks  were  taken  as  a  necessity,  and  as  a  half- 
wiiy  house  between  the  Bank  of  the  United 
States  and  an  Independent  treasury.  After  a 
brief  sojourn  in  the  intermediate  abode,  they 
passed  on  to  the  Independent  treasury — there, 
it  is  hoped,  to  remain  for  ever. 


CHAPTER    CXXVII. 

DEFEAT    OP    THE   DEFENCE   APPROPRIATION, 
AND  LOSS  OF  THE  FORTIFICATION  BILL. 

The  President  in  his  annual  message  at  the 
commencement  had  communicated  to  Congress 
the  state  of  our  relations  with  France,  and 
especially  the  continued  failure  to  pay  the  in- 
demnities stipulated  by  the  treaty  of  1831 ;  and 
had  recommended  to  Congress  measures  of  re- 
prisal against  the  commerce  of  France.  The  re- 
commendation, in  the  House  of  Representatives, 
was  referred  to  the  committee  of  foreign  relations, 
which  through  their  chairman,  Mr.  Cambreling, 
made  a  report  adverse  to  immediate  resort  to  re- 
prisals, and  recommending  cont.ngent  prepara- 
tion to  meet  any  emergency  which  should  grow 
out  of  a  continued  refusal  on  the  part  of  France 
to  comply  with  her  treaty,  and  make  the  stipu- 
lated payment.  In  conformity  with  this  last 
recommendation,  and  at  the  suggestion  of  Mr. 
John  Quincy  Adams,  it  was  resolved  unanimous- 
ly upon  yeas  and  nays,  or  rather  upon  yeas, 
their  being  no  nays,  and  212  members  voting — 
"  That  in  the  opinion  of  this  House,  the  treaty 
of  the  4th  of  July  1831  with  France  be  main- 
tained, and  its  execution  insisted  upon : "  and, 
with  the  like  unanimity  it  was  resolved — "That 
preparations  ought  to  be  made  to  meet  any 
emergency  growing  out  of  oui  relations  with 
France."     These  two  resolutions  showed  the 


temper  of  the  House,  and  that  it  intended 
virdicatc  the  rights  of  our  citizens,  if  necessa 
at  the  expense  of  war.  Accordingly  an  app 
priation  of  three  millions  of  dollars  was  inscr 
by  the  House  in  the  general  fortification  bill 
enable  the  President  to  make  such  military  £ 
naval  preparations  during  the  recess  of  C 
gress  as  the  state  of  our  relations  with  Fra 
might  require.  This  appropriation  was  zealou 
voted  by  the  House :  in  the  Senate  it  met  w 
no  favor;  and  was  rejected.  The  House  insis 
01^  its  appropriation :  the  Senate  "  adhered ' 
its  vote :  and  that  brought  the  disagreement 
a  committee  of  conference,  proposed  by 
House.  In  the  mean  time  Congress  was  in 
expiring  moments  of  its  session  ;  and  eventua 
the  whole  appropriation  for  contingent  prepa 
tion,  and  the  whole  fortification  bill,  was  lost 
the  termination  of  the  Congress.  It  was  a  m 
serious  loss;  and  it  became  a  question  wh 
House  was  responsible  for  such  a  raisfortum 
regrettable  at  all  times,  but  particularly  ?o 
the  face  of  our  relations  with  France.  1 
starting  point  in  the  road  which  led  to  this  1 
was  the  motion  made  by  Mr.  AVebster  to  •• 
here  " — a  harsh  motion,  and  more  calculated 
estrange  than  to  unite  the  two  Houses.  } 
King,  of  Alabama,  immediately  took  up  the  n 
tion  in  that  sense ;  and  said : 

"  He  very  much  regretted  that  the  senator  fr 
Massachusetts  should  have  made  sucli  a  inotii 
it  had  seldom  or  never  been  resorted  to  until  ot 
and  more  gentle  means  had  failed  to  produo 
unity  of  action  between  the  two  Houses, 
this  stage  of  the  proceeding  it  would  be  cons 
ered  (and  justly)  harsh  in  its  character;  and. 
had  no  doubt,  if  sanctioned  by  the  Senate,  wo 
greatly  exasperate  the  other  House,  and  proba 
endanger  the  passage  of  the  bill  altogether.  .■ 
gentlemen,  said  Mr.  Mr.  K.,  prepared  for  tli 
Will  they,  at  this  particular  juncture,  in  i 
present  condition  of  things,  take  upon  the 
selves  such  a  fearful  responsibility  as  the  rcj 
tion  of  this  bill  might  involve  ?  For  himself 
your  forts  are  to  be  left  unarmed,  your  sh 
unrepaired  and  out  of  commission,  and  y( 
whole  sea-coast  exposed  without  defences  of  a 
kind,  the  responsibility  should  not  rest  upon 
shoulders.  It  is  as  well,  said  Mr.  K.,  to  .«p( 
plainly  on  this  subject.  Our  position  with 
gard  to  France  was  known  to  all  who  heard  li 
to  be  of  such  a  character  as  would  not,  in 
opinion,  justify  prudent  men,  men  who  look 
the  preservation  of  the  rights  and  the  honor 
the  nation,  in  withholding  the  mcan;<,  the  m 
ample  means,  to  maintain  those  rights  and  p 
serve  unimpaired  that  honor. 


»> 


ANN'O  1835.     ANDRKW  JACKSON,  PRESTDENT. 


555 


House,  and  that  it  intended  to 
ights  of  our  citizens,  if  necessary, 
of  war.    Accordingly  an  appro- 
ee  millions  of  dollars  was  inserted 
in  the  general  fortification  bill  to 
;sidcnt  to  make  such  military  and 
tionp  during  the  recess  of  Con- 
tate  of  our  relations  with  France 
This  appropriation  was  zealously 
House :  in  the  Senate  it  met  wiili 
[  was  rejected.     The  House  insisted 
,riation :  the  Senate  "  adhered  "  to 
that  brought  the  disagreement  to 
of   conference,   proposed   by  the 
;he  mean  time  Congress  was  in  tlie 
iients  of  its  session  -,  and  eventually 
tpropriation  for  contingent  prepar,;- 
J  whole  fortification  bill,  was  lost  by 
ion  of  the  Congress.    It  was  a  most 
;  and  it  became  a  question  whicli 
responsible  for  such  a  misfortune- 
at  all  times,  but  particularly  ?o  in 
our  relations  with   France.     The 
nt  in  the  road  which  led  to  this  lo.<> 
,tion  made  by  Mr.  AVebster  to  "a,!- 
larsh  motion,  and  more  calculated  t- 
lan  to  unite  the  two  Houses.    Mr. 
abama,  immediately  took  up  the  mo- 
sense;  and  said: 

much  regretted  that  the  senator  Irura 
btta  should  have  made  such  a  motion; 
Im  or  never  been  resorted  to  until  other 
entle  means  had  failed  to  produce  a 
;tion  between  the  two  Houses.    At 
,f  the  proceeding  it  would  be  consul- 
kistlv^  harsh  in  its  character;  and,  he- 
\h*  if  sanctioned  by  the  Senate,  wou  1 
Lswrate  the  other  House,  and  proba hly 
Cassage  of  the  bill  altogether.    Ave 
'said  Mr.  Mr.  K.,  prepared  forth..] 
at  this  particular  juncture,  in  the 
idition  of  things,  take  upon  them- 
afearful  responsibility  as  the  rcje- 
bill  might  involve?    For  himself, it 
are  to  be  left  unarmed,  your  ship. 
and  out  of  commission,  and  your 
)ast  exposed  without  defences  of  any 
SDonsibility  should  not  rest  upon  hb 
n  as  well,  said  Mr.  K.,  to  speak 

Ithis  subject,  'our  position  with  re- 
's wasinown  to  all  whoheardi™ 
nch  a  character  as  would  no  ,mh 
ftify  prudent  men,  men  who  look 
Sn  of  the  rights  and  the  honor  0 

in  withholding  the  n»P«";S  ^^^^^ 
ns,  to  maintain  those  rights  and  pre- 
[paired  that  honor. 


"Mr.  K.  said,  while  he  was  free  to  confess  that 
the  proposed  appropriation  was  not  in  its  terms 
iltofietlier  as   hpe<'ilic  as  he  cmild  have  wished 
it.  he  could  not  view  it  in  the  light  which  had, 
or  seemed  to  iiave,  so  much  alarmed  the  senator 
from  Mus>a(."husetts,  and  others  who  had  spoken 
on  the  subject.     AVe  are  told,  said  Mr.  K.,  that 
tlie  adiiptiun  of  the  amendment  made  by  the 
House  will  prostrate  the  fortress  of  the  consti- 
tution and  bury  under  its  ruins  the  liberties  of 
the  people.     He  had  too  long  been  accu.stomed 
to  the  course  of  debate  here,  particularly  in  times 
ofhijih  party  excitement,  to  pay  much  attention 
to  bold  assertion  or  violent  denunciation.     In 
wliat,  he  asked,  does  it  violate  the  constitution  ? 
Does  it  give  to  the  President  the  power  of  de- 
claring war  ?     You  have  been  told,  and  told  tru- 
ly, by  my  friend  from  Pennsylvania  [Mr.  Bu- 
chanan], that  this  power  alone  belongs  to  Con- 
•ncss ;  nor  does  this  bill  in  the  slightest  degree 
impair  it.     Does   it  authorize  the   raising  of 
annies  ?    No.  not  one  man  can  be  enlisted  be- 
yond the  number  required  to  fill  up  the  ranks 
uf  your  little  army ;  and  whether  you  pass  this 
amendment  or  not,  that  power  is  already  pos- 
sessed under  existing  laws.     Is  it,  said  Mr.  K., 
even  unprecedented  and  unsual  ?     A  little  at- 
tention to  the  history  of  our  government  must 
satisfy  all  who  heard  him,  that  it  is  neither  the 
one  nor  the  other. 

••  During  the  whole  period  of  the  administra- 
tions of  General    Washington  and  the  elder 
Adams,  all  appropriations  were  general,  apply- 
in.'  a  jrross  sum  for  the  expenditure  of  the  ditfer- 
eiit  departments  of  the  government,  under  the 
direction  of  the  President ;  and  it  was  not  till 
Mr.  Jefterson  came  into  office,  that,  at  his  rc- 
comraendation,    specific    appropriations    were 
adopted.    Was  the  constitution  violated,  broken 
down,  and  destroyed,  under  the  administration 
of  the  father  of  his  country  ?    Or  did  the  for- 
tress to  which  the  senator  from  Massachusetts, 
on  this  occasion,  clings  so  fondly,  tumble  into 
ruin,  when  millions  were  placed  in  the  hands  of 
Mr.  Jefferson  himself,  to  be  disposed  of  for  a 
designated  object,  but,  in  every  thing  else,  subject 
to  his  unlimited  discretion?     No,  said  Mr.  K., 
our  liberties  remained  unimpaired ;  and,  he  trust- 
ed in  God,  would  so  remain  for  centuries  yet  to 
come.    He  would  not  urge  his  confidence  in  the 
distinguished  individual  at  the  head  of  the  gov- 
ernment as  a  reason  why  this  amendment  should 
pass;  he  was  in  favor  of  limiting  executive 
discretion  as  far  as  practicable ;  but  circumstan- 
ces may  present  themselves,  causes  may  exist, 
which  would  place  it  out  of  the  power  of  Con- 
fess promptly  to  meet  the  emergency.      To 
vriiom,  then,  should  they  look  ?    Surely  to  the 
iiead  of  the  government — to  the  man  selected  by 
tlie  people  to  guard  their  rights  and  protect  their 
intea'sts.    He  put  it  to  senators  to  say  whether, 
in  a  possible  contingency',  which  all  would  under- 
stand, our  forts  should  not  be  armed,  or  ships 
put  in  commission  ?     None  will  venture  to  gain- 
say it.    Yet  the  extent  to  which  such  armament 


should  be  carried  must,  from  the  very  r.oeessity 
of  the  case,  be  left  to  the  sound  diserelimi  of  tho 
I'resldeiit.  From  the  position  he  occiipies,  no 
one  can  be  so  conij)etent  to  form  a  coiiect  judg- 
ment, and  he  could  not.  if  he  would,  apply  the 
money  to  other  objects  than  the  defences  of  the 
country.  Mr.  K.  said  ho  would  not,  at  this  last 
momentof  the  session,  when  time  was  ,«^o  very  pre- 
cious, further  detain  the  Senate  than  to  express 
his  deep  apprehension,  his  alarm,  lest  this  most 
important  bill  should  be  lost  by  this  conllict  be- 
tween the  two  Houses.  He  would  beg  of  sena- 
tors to  reflect  on  the  disastrous  conseipiences 
which  might  ensue.  He  would  again  entreat 
the  .senator  from  Massachusetts  to  withdraw  his 
motion,  and  ask  a  conference,  and  thus  leave 
some  reasonable  ground  for  hope  of  ultimate 
agreement  on  this  most  important  subject." 

The  motion  was  persisted  in,  and  the  "  adher- 
ence" carried  by  a  vote  of  twenty-nine  to  seven- 
teen.    The  yeas  and  nays  were : 

Yeas. — Messrs.  Bell.  Bibb,  Calhoun,  Clay, 
Clayton,  Ewing,  Frelinghuysen.  (JokisborDUgh, 
Hendricks, Kent, Knight,  Leigh.  Mangiim.  .Moore, 
Naudain,  Poindexter,  Porter,  Prentiss.  I'leston, 
Robbins,  Silsbee.  Smith,  Southard,  Swilt,'roinlin- 
son,  Tyler,  AVaggaman,  Web.^ter,  AVhite.— 2'.'. 

Nays. — Messrs.  Benton,  Brown,  Buchuiian, 
Cuthbert,  Grundy,  Hill,  Kane,  King  of  Alabama, 
King  of  Georgia,  Linn.  McKean.  Buggies,  llol)- 
inson,  Shepley,  Tallmadge,  Tipton,  Wright. — 
17. 

Upon  being  notified  of  this  vote,  the  House 
took  the  conciliatory  step  of  "insisting;"  and 
asked  a  '■  c  fercnce."  The  Senate  agreed  to 
the  request — appointed  a  committee  on  its  part, 
which  was  met  by  another  on  the  part  of  the 
House,  which  could  not  agree  about  the  three 
millions ;  and  while  engaged  in  these  attempts 
at  concord,  the  existence  of  the  Congress  termi- 
nated. It  was  after  midnight ;  the  morning  of 
the  fourth  of  March  had  commenced;  many 
members  said  their  power  was  at  an  end — others 
that  it  would  continue  till  twelve  o'clock,  noon ; 
for  it  was  that  hour,  on  the  3d  of  March,  1789, 
that  the  first  Congress  commenced  its  existence, 
and  that  day  should  only  be  counted  half,  and 
the  half  of  the  next  day  taken  to  make  out  two 
complete  years  for  each  Congress.  To  this  it 
was  answered  that,  in  law,  there  are  no  fractions 
of  a  day  ;  that  the  whole  day  counted  in  a  legal 
transat  tion ;  in  the  birth  of  a  measure  or  of  a  man. 
The  first  day  that  the  first  Congress  sat  was  the 
day  of  its  birth,  without  looking  to  the  hour  at 
which  it  formed  a  quorum  ;  the  day  a  man  was 
bom  was  the  day  of  Ids  birth,  and  he  counted 


556 


THIRTY  YEARS'  VIEW. 


flflf'  h 


'I  "• 


:  ( 


from  tlic  hcginnin{;  of  the  day,  and  the  wliolo 
da}',  and  not  from  the  hour  and  minute  at  wliich 
he  entered  the  worhl — a  rule  which  wouhl  rob  all 
the  afternoon-horn  children  of  more  or  less  of  the 
day  on  which  they  were  born,  and  jio  ipone  their 
majority  until  the  day  after  their  birthday. 
While  these  disquisitions  were  goinj?  on,  many 
members  were  goinj?  off ;  and  the  Senate  hear- 
ing nothing  from  the  House,  dispatched  a  mcs- 
eage  to  it,  on  the  motion  of  Mr.  Webster,  "  re- 
spectfully to  remind  it"  of  the  disagreement  on 
the  fortification  bill ;  on  receiving  which  mcs- 
eagc,  Mr.  Cambrelcng,  chairman  of  conference, 
on  the  part  of  the  House,  stood  up  and  said  : 

"That  the  committee  of  conference  of  tie  two 
Houses  had  met,  and  had  concurred  in  an  amend- 
ment which  was  very  unsatisftictory  to  him.  It 
proposed  an  unconditional  appropriation  of  three 
hundred  thousiind  dollars  for  arming  the  fortifi- 
cations, and  five  Imndrcd  thousand  dollars  for 
repairs  of  and  equipping  our  vessels  of  war — an 
amount  totally  inadequate,  if  it  should  be  re- 
quired, and  more  than  was  necessary,  if  it  should 
not  be.  When  he  came  into  the  House  from 
the  conference,  they  were  calling  the  ayes  and 
noes  on  the  resolution  to  pay  the  compensation 
due  the  gentleman  from  Kentucky  (Mr.  Letcher). 
He  voted  on  that  resolution,  but  there  wa.s  no 
quorum  voting.  On  a  subsequent  proposition 
to  adjourn,  the  ayes  and  noes  were  called,  and 
again  there  was  no  quorum  voting.  Under  such 
circumstances,  and  at  two  o'clock  in  the  morn- 
ing, he  did  not  feel  authorized  to  present  to  the 
House  an  appropriation  of  eight  hundred  thou- 
sand dollars.  He  regretted  the  loss,  not  only 
of  the  appropriation  for  the  defence  of  the  coun- 
try, but  of  the  whole  fortification  bill ;  but  let 
the  responsibility  fall  where  it  ought — on  the 
Senate  of  the  United  States.  The  House  had 
discharged  its  duty  to  the  countrj'.  It  had  sent 
the  fortification  bill  to  the  Senate,  with  an  addi- 
tional ai)propriation,  entirely  for  the  defence  of 
the  country.  The  Senate  had  rejected  that  ap- 
propriation, without  even  deigning  to  propose 
any  amendment  whatever,  either  in  form  or 
amount.  The  House  sent  it  a  second  time ;  and 
a  second  time  no  amendment  was  proposed,  but 
the  reverse ;  the  Senate  adhered,  without  con- 
descending to  ask  even  a  conference.  Had  that 
bodj'  asked  a  conference,  in  the  first  instance, 
some  provision  would  have  been  made  for  de- 
fence, and  the  fortification  bill  would  have  been 
saved  before  the  hour  arrived  which  terminated 
the  existence  of  the  present  House  of  Represen- 
tatives. As  it  was,  the  committees  did  not  con- 
cur till  this  House  had  ceased  to  exist—  the  ayes 
and  noes  had  been  twice  taken  without  a  quo- 
rum— the  bill  was  evidently  lost,  and  the  Senate 
must  take  the  responsibility  of  leaving  the  coun- 
try defenceless.  He  could  not  feel  authorized 
to  report  the  bill  to  the  House,  situated  as  it 


was,  and  at  this  liour  in  the  nmnnn}'  ;  bin 
any  other  meinbcr  of  flie  conniii'tce  of  con 
ence  proposed  to  do  it,  he  should  mal>e  no 
jection,  though  he  believed  such  a  jjioposit 
utterly  ineflectual  at  this  hour  ;  for  no  im  in 
could,  at  this  hour  in  the  morning,  be  compel 
to  vote." 

Many  members  said  the  time  was  out.  i 
that  there  had  been  no  quorum  for  two  hoi 
A  count  was  had,  and  a  quorum  not  found,  'j 
members  were  requested  to  pass  through  tclii 
and  did  .so:  only  eight-two  present.  Mr.  ,U 
Y.  Mason  informed  the  House  that  the  i<vn 
had  adjourned  ;  then  the  House  did  the  same 
making  the  adjournment  in  due  form,  al'tc  r  a  v 
of  thanks  to  the  speaker,  and  hearing  his  pu 
ing  address  in  return. 


CHAPTER    CXXVIII. 

DISTRIBUTION  OF   I'.EVENUE. 

Propositions  for  distributing  the  public  la 
revenue  among  the  States,  had  become  ((umiK 
to  be  succeeded  by  others  to  distribute  tiie  liiii 
themselves,  and  finally  the  Custom  House  n 
nue,  as  well  as  that  of  the  lands.     The  i)n)i.'i( 
of  distribution  was  natural  and  inevitable  in  ti 
direction,  when  once  begun.     Mr.  Calhonn  a 
his  friends  had  opposed  these  proposed  distril 
tions  as  unconstitutional,  as  well  as  demoral 
ing ;  but  after  his  junction  with  Jlr.  Clay, 
began  to  favor  them ;  but  still  with  the  .«alvo 
an  amendment  to  the  con.stitution.    With 
view,  in  the  latter  part  of  the  session  of  18 
he  moved  a  resolution  of  inquiry  into  the  cxt( 
of  executive  patronage,  the  increase  of  piil 
expenditure,  and  the  increase  of  the  number 
persons  emi)loyed  or  fed  by  the  federal  {,'ovc 
ment;  and  he  asked  for  a  select  committee 
six  to  report  upon  his  resolution.    Both  motk 
were  granted  by  the  Senate ;  and,  according 
parliamentary  law,  and  the  principles  of 
legislation  (which  always  acconl  a  commit 
favorable  to  the  object  propo.sed),  the  memb 
of  the  committee  were  appointed  upon  tlie  : 
tion  of  the  six  which  he  wished.    Tlicy  we 
Messrs.  Webster,  Southard,  Bibb,  King  of  Gt 
gia,  and  Benton — which,  with  himself,  wo 
make  six.    Mr.  Webster  declined,  and  Mr.  P( 
dexter  was  appointed  in  his  place ;  Mr.  Soi 


'n;. 


ANNO  183».     ANDRKW  JACKSON',  rRICSIDENT. 


557 


,i^  hour  in  the  niorninn;  but  if 
ui)cr  of  tla-  coiniiiittce  of  coiifu'- 
to  do  it,  lie  should  inii!-e  no  ..li- 
I  he  lielieved  such  ii  pvoiiositKin 
u.il  at  this  hour  ;  for  no  n,.iuWr 
liour  in  the  morning,  be  con.i.ellnl 

bers  said  the  time  was  out,  and 
d  been  no  quorum  for  two  horns. 
lad,  and  a  quonmi  not  foiuid.  'llie 
J  requested  to  passthron-h  tellers 
)nly  eight-two  present.  Mr.  Joliii 
brn»ed  the  House  that  the  Semite 
d  ;  then  the  House  did  the  same- 
djournment  in  due  form,  alter  a  vote 
the  speaker,  and  hearing  his  part 
a  return. 


VPTER    CXXVIII. 

STRIBUTION   OF   KEVKNUE. 

Ns  for  distributing  the  public  !an^ 

ong  the  States,  had  become  conunon 

•ded  by  others  to  distribute  the  \m- 

ami  finally  the  Custom  House  nvc- 

as  that  of  the  lands.    The  prui.ncv 

on  was  natural  and  inevitable  intliat 

hen  once  begun.     ^Ir.  Calhoun  and 

liad  opposed  these  proposed  distrilm- 

.iconstittitional,  as  well  as  demoraliz- 

fter  his  junction  with  Mr.  Clay,  he 

northern;  but  still  with  the  salvoof 

lent  to  the  constitution.  With  tliH 
latter  part  of  the  session  of  Wa 
resoUition  of  inquiry  into  the  extent 
[e  patronage,  the  increase  of  public 
I  and  the  increase  of  the  number  of 
[ployed  or  fed  by  the  federal  govern. 

he  asked  for  a  select  committee  of 
„-t  upon  his  resolution.  Bothmotion, 
fed  by  the  Senate ;  and,  accordmg  to 

iry  law,  and  the  principles  of  fmt 
I  (which  always  accord  a  comnutt« 

o  the  object  proposed),  the  memte 

,itteewere  appointed  upon  the  ^elcc- 
,  six  which  he  wished.  They  were; 
ebster,  Southard,  Bibb,  King  of  Geor- 

lenton-which,  with  himsef  won 

Mr.  Webster  declined,  and  Mr.  Voi  ' 
appointed  in  his  place;  Mr.  South- 


nrtl  did  not  act;  and  the  committee,  consisting 
(if  five,  stooil,  politically,  three  against  the  ad- 
ministration— two  for  it ;  and  was  thus  a  frustra- 
tion of  Mr.  Calhoim's  plan  of  having  an  impartial 
coininittet   taken  equally  from  the  three  jjoliti- 
cal  parties.     He  had  proposed  tlic  committee 
upon  the  basis  of  three  political  parties  in  the 
Senate,  desiring  to  have  two  members  from  each 
party;  giving  as  a  reason  for  that  desire,  that 
he  wished  to  go  into  the  examination  of  the  im- 
portant inquiry  projiosed,  with  a  committee  free 
from  all  prejudice,  and  calculated  to  give  it  an 
impartial  consideration.    This  division  into  three 
parties  was  not  to  the  taste  of  all  the  members ; 
and  hence  the  refusal  of  some  to  senc  upon 
it,    It  was  the  first  time  that  the  existence  of 
three  parties  was  jjroposcd  to  be  made  the  basis 
of  senatorial  action,  and  did  not  succeed.     Tlie 
actual  committee    classed  democratically,  but 
;vith  the  majority  opposed  to  the  administration. 
At  the  first  meeting  a  sub-committee  of  three 
was  formed — Jlr.  Calhoun  of  course  at  its  head 
—to  draw  up  a  report  for  the  consideration  of 
the  full  committee  :  and  of  this  sub-committee 
a  majority  was  against  the  administration.   Very 
soon  the  committee  was  assembled  to  hear  the 
report  read.    I  was  surprised  at  it— both  at  the 
quickness  of  the  preparation  and  the  character 
of  the  paper.     It  was  an  elaborate,  ingenious 
ami  plausible  attack  upon  the  administration, 
accn?ing  it  of  having  doubled  the  expenses  of 
the  government — of  having  doubled  the  number 
of  persons  employed  or  supported  by  it — of  hold- 
ing the  public  mone)'8  in  illegal  custody — of  ex- 
ercising a  patronage  tending  to  corruption — 
the  whole  the  result  of  an  over  full  treasury, 
which  there  was  no  way  to  deplete  but  by  a 
distribution  of  the  surplus  revenue  among  the 
States ;  for  which  purpose  an  amendment  of  the 
constitution  would  be  necessary  ;  and  was  pio- 
posed.   Mr.  Benton  heard  the  reading  in  silence ; 
and  when  finished  declared  his  dissent  to  it : 
said  he  should  make  no  minority  report — a  kind 
of  reports  which  he  always  disliked  ;  but  when 
read  in  the  Senate  he  should  rise  in  his  place  and 
oppose  it.    Mr.  King,  of  Georgia,  sided  with 
Mr.  Benton  ;  and  thus  the  report  went  in.    Mr. 
Calhoun  read  it  himself  at  the  secretary's  table, 
and  moved  its  printing.     Mr.  Poindexter  moved 
an  extra  number  of  30,000  copies ;  and  spoke  at 
Ifngth  in  support  of  his  motion,  and  in  favor  of 
the  report.    Mr.  King,  of  Georgia,  followed  him 


against  the  report:  and  Mr.  Benton  followed 
Jlr.  King  on  the  same  side.  On  the  subject  of 
the  increase  of  expendituri's  doubled  within  the 
time  mentioned,  he  showed  that  it  came  from 
extraordinary  objects,  not  belonging  to  the  ex- 
penses of  the  govcriunent,  but  temporary  in 
their  nature  and  transient  in  their  existence; 
namely,  the  expenses  of  removing  the  Indians, 
the  Indian  war  upon  the  Mississippi,  and  the 
pension  act  of  1832  ;  which  carried  up  the  revo- 
lutionary pensions  from  I$I55.'),()0()  per  annum  to 
$8,500,000— just  tenfold— and  by  an  act  which 
the  friends  of  the  administration  opposed.  lie 
showed  also  that  the  increase  in  the  number  of 
persons  employed,  or  supported  by  the  govcin- 
ment,  came  in  a  great  degree  from  the  same 
measure  which  carried  up  the  number  of  pen- 
sioners from  17,000  to  40,000.  On  the  subject 
of  the  illegal  custody  of  the  public  moneys,  it 
was  shown,  in  the  fin  t  place,  that  the  custody 
was  not  illegal ;  and,  in  the  secon<l,  that  the  de- 
posit regtilation  bill  had  been  defeated  in  the 
Senate  by  the  opponents  of  the  administration. 
Having  vindicated  the  administration  from  the 
charge  of  extravagance,  and  the  illegal  custody 
of  the  public  moneys,  Mr.  Benton  came  to  th(» 
main  part  of  the  report — the  surplus  in  the  trea- 
sury, its  distribution  for  eight  years  among  the 
States  (just  the  period  to  cover  two  presidential 
elections)  ;  and  the  proposed  amendment  to  the 
constitution  to  permit  that  distribution  to  be 
made :  and  here  it  is  right  that  the  report  should 
be  allowed  to  speak  for  it.self.  Having  assumed 
the  annual  surplus  to  be  nine  millions  for  eight 
years — until  the  compromise  of  183.3  worked 
out  its  problem ; — that  this  surplus  was  inevita- 
ble, and  that  there  was  no  legitimate  object  of 
federal  care  on  which  it  could  be  expended,  the 
report  brought  out  distribution  as  the  only  prac- 
tical depletion  of  the  treasury,  and  the  only 
remedy  for  the  corruptions  which  an  exuberant 
treasury  engendered.    It  proceeded  thus : 

"  But  if  nosubjcct  of  expenditure  can  be  select- 
ed on  which  the  surplus  can  be  safely  expended, 
>'nd  if  neither  the  revenue  nor  expenditure  can, 
under  existing  circumstances,  be  reduced,  the 
next  inquiry  is,  what  is  to  be  done  with  the 
surplus,  which,  as  has  been  shown,  will  probaljiy 
equal,  on  an  average,  for  the  next  eight  years, 
the  sum  of  $9,000,000  beyond  the  just  wants  of 
the  government?  A  surplus  of  which,  imlcss 
some  safe  disposition  can  be  made,  ail  other 
means  of  reducing  the  patronage  of  the  Execu- 
tive must  prove  inefTectual. 


tJ.!-d:.W»-S 


I 


if 'if 


>     f  ll> 


F;^:: 


fi'  ^1    ;' 


|l  ' 


iltSfi 


''I 


r 


'5( 


558 


THIRTY  YKARS'  VIKW. 


I     I 


~  ih 


.r  'II .  ■' ; 


'•  Ymir  cotiimittc*'  arc  »li'i'|>Iy  m'lisihio  of  the 
prt'iit  <Iil1iiMilty  (>f  I'mdinjj  any  satisfuctory  hoIu- 
tioii  of  tliis  inu'stion  ;  hut  Jielu-vinv;  tliut  tin-  very 
oxif<loiic('<»f  our  institutions,  and  with  tlicni  tlu' 
lilicrly  of  llic  country,  may  iio|H'n(l  on  tlic  snc- 
ress  of  thi'ir  invi'sti);ati()ii,  tlicy  liavc  nurfully 
cxploivd  tlio  wliolo  pronnd,  and  tlio  rcsnlt  of 
tlu'ir  iui|uirv  is,  tliat  hut  one  means  lins  occurred 
(o  I  hum  lioldinn  out  any  rcasonahk"  |)ros|Mrt  of 
success.  A  i\'\v  i>rcliniinary  romarliH  will  he 
neci's>;ary  to  explain  their  views. 

'•  Aini<lst  nil  the  dilliculties  of  otir  situation, 
there  is  oni'  consolation  :  that  the  danjjer  from 
Kxecutive  patronage,  as  far  as  it  depends  on  ex- 
cess of  revenue,  nuist  he  temi>orarv.  Assuming; 
tliat  the  act  of  12(I  of  March,  l.S;!;{,  will  he  left 
nndisturhed,  hy  its  provisions  the  income,  after 
file  year  I8t'i.  is  to  he  reduced  to  tlu-  economi- 
cal wuntsof  the  poverntnent.  Tlie  Kovermnent, 
then,  is  in  a  state  of  passafje  from  one  where  the 
revenue  is  excessive,  to  another  in  which,  at  a 
fixed  and  no  distant  period,  it  will  he  n-chiced 
to  its  projKT  limits.  The  difliculty  in  the  in- 
termediate time  is,  that  tlie  revenue  cannot  he 
hnuifilit  down  to  the  exiK'ndituie,  nor  the  ex- 
IM-nditure,  without  preat  danger,  rai.«ed  to  the 
revenue,  for  reasons  alivady  explained.  How  is 
this  difficulty  to  he  overcome ?  It  might  .seem 
that  the  simple  and  natural  means  would  he,  to 
vest  the  surplus  in  some  safe  and  profitahle  stock, 
to  nc'.Munulate  for  future  use;  hut  the  dillicidty 
in  such  a  course  will,  on  examination,  he  found 
insujierahle. 

"  At  the  very  commencement,  in  seloctinp  the 
stock,  there  would  he  great,  if  not  insurinounta- 
hle.  dillioulties.  \o  one  would  think  of  invest- 
ing the  sur|)lus  in  hank  stock,  against  which 
there  are  so  many  and  such  decisive  reasons  that 
it  is  not  deemed  necessary  *o  state  tliem ;  nor 
would  the  ohjections  he  le.«s  decisive  against 
vesting  in  the  stock  of  the  States,  which  would 
create  the  dangerous  relation  of  dehtor  and  credi- 
tor hetween  the  government  nml  the  nicmhers 
of  the  Union.  But  suppose  this  difficulty  sur- 
moimted,  and  that  some  stock  perfectly  safe  was 
selected,  there  would  still  remain  anotlier  that 
could  not  be  surmounte<l.  There  cannot  he 
fiHuid  a  stock,  with  an  interest  in  its  favor  suffi- 
ciently strong  to  compote  with  the  interests 
which,  with  a  large  surplus  revenue,  will  he  ever 
found  in  favor  of  exjwnditures.  It  must  he  per- 
fectly ohvious  to  all  who  have  the  least  experi- 
ence, or  who  will  duly  reflect  on  the  snhject. 
that  were  a  fund  selected  in  which  to  vest  the 
surplus  revenue  for  future  use,  there  would  he 
found  in  practice  a  constant  conflict  between  the 
interest  in  favor  of  some  local  or  fiivorite  scheme 
of  exiMjnditurc.  and  that  in  favor  of  the  stock. 
Nor  can  it  lie  less  obvious  that,  in  point  of  fact, 
the  former  would  prove  far  stronger  than  the 
latter.  The  result  is  obvious.  'I  he  surplus,  be  j 
it  ever  so  grcat,  woiild  be  absoibcd  hy  appro-  ! 
priations,  instead  of  being  vested  in  the  stock ;  ! 
and  the  scheme,  of  course,  would,  in  practice,  I 
prove  an  abortion;  which  brinj;s  us  back  to  the  j 


original  incpiiry,  how  is  the  surplus  to  he  dl 
posed  of  until  the  excess  sliall  he  reduced  to  tl 
just  and  economical  wants  of  the  governineut 

"  After  bestowing  on  thi»<|Uestion,  on  thesn 
cussful  solution  of  whicii  so  nuich  depends,  || 
most  deliberate  attention,  your  comniiltee.  i 
they  liavc  already  stated,  can  advise  hut  in 
means  hy  which  it  can  be  ellected ;  and  that  i 
an  amendment  of  the  constitution,  aulhori/.ii 
the  temporary  distribution  of  tlu!  surjilus  revi 
nue  among  the  States  till  the  year  IHl:! ;  uli,. 
as  has  been  shown,  the  income  and  expemlilin 
will  he  e<|Ualized. 

''  Yoiu"  connnittee  aw  fully  aware  of  f  he  man 
and  fatal  ohjections  to  the  distribution  of  || 
surplus  reveiuie  among  the  States,  cnnsidcri 
as  a  part  of  the  ordinary  and  regular  system  i 
this  governnu'iif.  They  ailmit  I  hem  to  he  ; 
great  as  can  well  he  imagined.  Tlu'  propo.-iii,, 
itself  that  the  government  should  colli  el  niniic 
for  the  purpose  of  such  distribution,  or  sIkmiI 
distribute  a  surplus  for  the  purpose  of  per|ietii; 
ting  taxes,  is  loo  absunl  to  re.piire  refutiitiuii 
and  yet  what  would  be  when  applied,  as  sii| 
posed,  so  absurd  and  pi-rnicious,  is,  in  the  njiin 
ion  of  yotn-  committee,  in  the  present  extraur 
dimiry  and  deeply  disordered  state  of  our  atliiii' 
not  only  useful  and  salutary,  but  indi^^pensahl 
to  the  restoratictn  of  the  body  politic  to  a  siuiin 
cunililion ;  just  as  some  potent  meilicine,  wliici 
it  wotdd  he  dangerous  and  absurd  to  piesciil« 
to  the  healthy,  may,  to  the  diseased,  he  the  onli 
means  of  arresting  the  hand  of  death.  Distri 
bution,  as  projiosed,  is  not  for  the  preposteimi 
and  dangerous  purpose  of  raising  a  revenue  fo 
distribution,  or  of  distributing  th.e  surplus  as 
means  of  perpetuating  a  system  of  duties  o 
taxes ;  but  a  temporary  measuie  to  dispdsc  u 
an  unavoidable  surplus  while  the  revenue  is  ii 
the  cour.se  of  reduction,  and  which  cannot  h 
otherwise  disposed  of,  without  greatly  !igi,'raviit 
ing  a  disease  that  threatens  the  most  (laiiueiou 
conseciuences ;  and  which  holds  out  hope,  no 
only  of  arresting  its  further  progress,  hut  nisi 
of  restoring  the  body  politic  tt)  a  state  of  liealtl 
and  vigor.  The  truth  t)f  this  assertion  a  lew  dli 
servations  will  suffice  to  illustrate. 

•'  It  must  be  ohvious.  on  a  little  relleetion,  tlia 
the  effects  of  distribution  of  the  surplus  wouli 
be  to  place  the  interests  of  the  States,  on  iil 
questions  of  expenditure,  in  opposition  to  ex 
penditure,  as  every  reduction  of  expense  Wdiili 
necessarily  increase  the  sum  to  he  distrilintt'i 
among  the  States.  The  etlect  of  this  woulil  bt 
to  convert  them,  through  their  inteiests,  int' 
faithful  and  vigilant  sentinels  on  the  siile  d 
economy  and  accountability  in  the  expemlitiire: 
of  this  government}  and  would  thus  powerfiilh 
tend  to  restore  the  government,  in  it.s  ti>« 
action,  to  the  plain  and  honest  simplicity  of  IW 
nier  days. 

"It  may,  perhaps,  be  thought  hy  sonic  tlii 
the  power  which  the  distribution  anioni;  tin 
States  would  bring  to  bear  ag.ainst  the  expendi 
ture  and  its  consequent  tendency  to  retrenc) 


ANNO  1m:15.     ANDIIK.W  .lACKSON,  rUI'MDKNT. 


r^n 


how  is  the  surplus  to  ho  .lU- 
.  i-xroHS  Hhall  W-  n-«hi<v.l  to  tlu- 
icnl  wunts  of  the  ^ov*.|•nml•ut  ! 
.i„,,„nthm.HK'*'tion,<.»th''su,.. 
„f  which  KO  inucli  <U-lK'ii<is,  llie 
uttcntion,  yonr  .•on.uult.r,  „. 
.Iv  stat.-l,  mil  n«  v.si"    ..il  on. 
/iloiuho  .•Ihrto.l;  nu.lth„t.s. 
of  tlu-  ronslitiilioii,  nnllu.n/.in^; 
hstril.ution  of  tiu>  suv,;  us  .vv.- 
Stati'stiHthoyt-arlHi'.;  w lun, 
wn,  the  income  iiiul  fxiniulitiiic 

,lu.oari-fnllynwan-ofth..nmny 
•liouH  to  tlu-  (lislnhnt.on  o  tl... 
,0  a.noM},'  tlu-  Sti.tos,  n.n.wlm., 
0  ordinary  an.l  .v^'-'lar  systj...  ui 
„t  Tiu-vaihnit  Hk'"  «"  ''!'."^ 
.irhi.in.aV'inr.l.  Th- l>ropoMl.n„ 
.,„vornnu-nt  Hho,..M  .-oli.vt  ,.„.„..■ 
v„f  such  (hstrilMition,  or  sIi.miM 

,r,.h.8forthoi""T<>r^'"'i;'';i";.""'- 

oo  fthsur.1  to  rc:,uuv  re  ut;,t„m; 

wouhl  ho  Nvhon  api-licl  as  s,,,,. 

,r.l  an.l  pornioiouH,  IS,  in  the  opin- 

,„„nUteo.  in  tho  l.rcsont  on  n.r- 
:,plydisoraoro(Utatootonrall;.,v 
il  im.l  sahitary,  hut  nuhsi.cnsal.lc 
i„noftheh...lyi.oht.ctoasnm, 
Ht  as  some  potent  mo.hcnu..wl,uh 

hnfjerovisan.!  ahsnr.lto  pvcscr,  o 
,v  ,nay,l"•thedisoase.l,hetlu■..nly 
S^thehanaofaeath.     n.stn. 
onosJ;i,isnotfortheimTOstcn.us 
us  pur. OHO  of  raisins  a  revenue  fo 
or  of  (listrihutin-  th.e  MU-plus  as  a 
'riKtvuitins  a  system  of  dutas  ov 
temporary  n.oasnro  to  dispose  of 
,,l;^lrph''^vhile  the  revenue  .sin 

f  reduction,  and  winch  ca.i.v.t  k 

posed  of,  without  greatly  ajruvavat- 

That  threatens  tho  most  .laii.enm, 

and  which  holds  out  hope.  1.0 

ithic  its  further  prof^ross,  Im    ii  s 
e  bodv  politic  to  a  state  o  heal  h 
'he  truth  of  this  assertion  a  tew.. b- 

611  suffice  to  illustrate, 
'ohvi-ms.  .ma  little  rotlo.:tum.tl. 

'^Itribution  of  the  surplus  w.n 
the  interests  of  tho  ^tates. ....    1 
expenditure,  in  oppoMtmn  t..  e  - 
?vory  reduction  of  expense  Nvol 

,KmJe  thcsumtohod..<tnl..t.l 
Mes.     TheetreetoftluswouHb 
hcm.throuo;h  their  interests  in 
'  vi^n  ant   sentinels  ..n  the  suk    . 
1  iomitahility  in  the  expou'lj  ; 
^.entjand  would  thus  poweijjb 

ore  the  povernment,   m  it.  ti  ,i  1 
^plai"  and  honest  simplicity  of  101- 


tlie  (lishursonients  of  tho  frovornnient,  woiiM  l»o  nini»loH  of  free  States  jKrishinjr  un.I.r  that  excess 

siistro!i(;,  as  not  only  t.)  curtail  useless  or  iin-  <.f  patroiiap' which  now  allli.ts  ours.     Il  inav. 

proper  expeiulitiiro,  hut  also  the  useful  and  no-  in   fact,  he   said  with  truth,  that  all  or  nearly 

(cssiirv.     Such,  uiidouhtodly,  would  he  the  on-  nil  .liseases  which  atlli.'t  free  ptv.rninents  may 


soipieiicc.  if  the  |irocess  were  too  lonn continued  ; 
lull  in  the  present  irro;;ular  and  excessive  act i.»ii 
of  the  nstem,  when  its  centripetal  f.irco  threat- 
ins  to  concentrale  all  its  powers  in  a  sinp:le  de- 
piirliiieiit,  tlio  fear  that  the  action  of  this  nov.rn- 
iiu'iit  will  he  too  much  ro.liiced  liy  the  measure 
iiiiilL'r.'onsi<l.'ralion,in  the  short  period  to  which 
it  is  propos.'d  to  limit  its  o|iorMti.)n,  is  without 
just  i'oun.latioii.  On  tho  contrary,  if  the  pro- 
iioscil  nuasuro  should  he  applied  in  the  present 
iJiM'ased  state  ol'  the  poveninujiit,  its  eHe.^l  would 
in' like  lliat  of  some  jiowerl'iil  alterative  medi- 
cine operaliiif!;  Just  long  enou;ih  to  change  the 
iiR'seiit  niorhid  action,  l»ut  not  suilicieiitly  long 
to  superiii.luce  another  of  an  opposite  charac- 
ter. 

•hut  it  may  he  ohjected  that, though  tho  dis- 
tril.iition  might  reduce  all  useless  expon.liture, 
it  wDul.l  at  the  same  time  give  additional  jiower 
1(1  the  interest  in  favor  of  taxation,     it  is  not 
denied  that  .■iiich  would  he  it.:  teii.lency;  an.l, 
if  the  tlaniier  from  increa.se.l  duties;  <t  taxes  .vas 
III  this  time  as  great  ns  that  from  a  surplus  re- 
viMiue,  the  ohjoction  would  he  fatal ;  hut  it  is 
(oiiii.lently  helieved  that  such  is  not  the  case. 
On  the  contrary,  in  proposing  tho  measure,  it  is 
;\.<siiim'd  that  the  act  of  March  2,  18.'{.'{,  will  rc- 
iiiiiin  iiiidisturhed.     It  is  on  the  strength  of  this 
ii-suiiiption  that  the  measure  is  projtosed,  and, 
s  il  is  helieved,  safely  propostnl. 
"It  may,  however,  he  said  that  the  distribu- 
lioii  may  create,  on  the  part  of  the  States,  an 
iippctite  in  its  favor  which  may  ultimately  lead 
III  its  adoption  as  a  permanent  measure.    It  may 
iiiileeil  teiiil  to  excite  such  an  appetite,  short  as  is 
the  period  proposed  f.)r  its  operation ;  hut  it  is 
obvious  that  this  danger  is  far  moi-e  than  conn- 
mviiiled  hy  tho  fact  that  the  proposed  amend- 
ment to  the  constitution  to  authorize  the  distri- 
liiitioii  would  place  the  power  beyond  the  reach 
of  k};islative  construction;  and  thus  effectual  ly 
prevent  the  possibility  of  its  adoption  as  a  per-' 
iiiaiunt  measure ;  as  it  cannot  be  conceived  that 
three-fourths  of  the  States  will  ever  a.ssent  to 
an  ameiuhneiit  of  the  constitution  to  authorize 
a  (iistrihiition,  except  as  an  extraordinary  inca- 
sme.applicarjle  to  .some  extraordinary  condition 
of  tho  country  like  the  present. 

"  Giving,  however,  to  these  and  other  objections 
which  may  bo  urged,  all  tho  force  that  can  be 
claimed  for  them,  it  must  be  remembered  the 
question  is  not  whether  the  measure  proposed 
is  or  is  not  liable  to  this  or  that  objection,  but 
whether  any  other  less  objectionable  can  be 
devised ;  or  rather,  whether  there  is  any  other, 
rthich  promises  the  least  prospect  of  relief,  that 
can  be  applied.  Let  not  the  delusion  prevail 
that  the  disease,  after  running  through  its  natu- 
ral course,  will  terminate  of  itself,  without  fatal 
consequences.  Experience  is  oppo.sed  to  such 
anticipations.    Many  and  striking  are  the  cx- 


bo  traced  directly  .ir  in.lir.'ctly  to  ex. -ess  of  re- 
venue an.l  o.siH'nditnre;  thoeljectof  which  is  to 
rally  around  the  governineiit  n  powerful,  c<m'- 
riipt,  an.l  subservient  corjis — a  c(.rps  ever  obe- 
dient to  its  will,  an.l  ready  to  sustain  it  in  every 
measure,  whether  right  .ir  wrong;  and  which, 
if  tho  cause  .>f  tho  disease  be  not  I'radicated, 
must  ultimately  ren.ler  the  g.)vernnient  str.ingeP 
than  tho  jM-oplo. 

"  What  iir.)gress  this  dangerous  .lisease  has 
alreaily  ina.le  in  f)ur  country  it  is  n»t  f.)r  y.mr 
commiltoo  to  say  ;  but  when  they  refky;!,  on  tho 
present  symptoms;   on  the  almost  nnboiin.lo.l 
extent  of  executive  patrcjnago,  wielded  by  a  sin- 
gle will ;  the  sui|)liis  revenue,  which  caiUDt  bo 
re.lucod  within  pro|»er  limits  in  less  than  seven 
years — a  perio.l  which  overs  two  presidential 
elections,  on  both  of  which  all  this  mighty  power 
an.l  inllnence  will  be  bnnight  to  bear;  and  when 
they  consiihT  that,  with  the  vast  patn.nago  and 
inllnence  of  this  government,  that  of  all    the 
States  acting  in  concert  with  it  will  be  com- 
bined, there  are  just  grounds  to  fear  that  the 
fate  which  has  befallen  so  many  other  free  gov- 
ernments must  also  befall  ours,  unless,  in.leod, 
some  elfectual    remedy  be  forthwith    applied. 
It  is  under  this  impression  that  your  committee 
have  suggested  the  one  projHJsal ;   not  as  free 
from  all  objections,  but  as  tho  .mly  one  .jf  suffi- 
cient power  to  arrest  the  disease  and  to  rost.)re 
the  body  politic  to  a  sound  condition;  an.l  they 
have  accordingly  reporte.l  a    ri's.dntion  so  to 
amend  the  constitution  that  tho  in.>noy  remain- 
ing in  the  treasury  at  the  eii.l  of  each  year  till 
the  1st  of  January,  IHl.'i,  deducting  therefr.)m 
the  sum  of  ^2,<  100.000  t.>  moot  current  and  con- 
tingent expenses,  shall  annually  bo  ilistribiiled 
am.mg  tho  States  and  Torritorie.s,  inclu.ling  the 
District  of  Coliinibia;   an.l,  for   that  purpose, 
the  sum  to  be  .listribiited  to  be  divide. 1  into  as 
many  shares  as  there  are  .senators  an.l  ripre- 
sentatives  in  Congress,  a.lding  two  for  I'nch  ter- 
ritory and  two  f.»r  the  District  of  Uohiinbia  ;  an.l 
that  there  shall  boallolte.l  to  each  State  a  num- 
ber of  shares  equal  to  its  representation  in  both 
Houses,  and  to  the  territories,  including  the  Dis- 
trict of  0.»lumbia,  two  shares  each.     Supj)osiiig 
the  surplus  to  be  distributed  should  avenige 
iii;9,000,0()0  annually,  as  estimated,  it  w.nild  give 
to  each  share  !S.'!0,U),') ;  which  multiplied  by  tho 
number  (.f  senators  and  representatives  frf)m  a 
State  will  show  the  amount  to  which  any  State 
will  be  entitled." 

The  report  being  hero  introduced  to  speak  for 
itself,  the  reply  also  is  intro<luccd  as  delivered 
upon  the  instant,  and  found  in  the  Congress 
register  of  debates,  thus : 

"  Mr.  Benton  next  came  to  the  proposition  in 


■  Cf«JfajaBiiaM*rtt«v  Ji 


5C0 


THIRTY  YEARS'  VIEW. 


^  tp 


ill'; 


}H 


i^. 


"  '''MJu^f;■ 


■  .'^/ 


';'";.,  :Y 


!!'!    Srt; 


tlio  rt'jiort  trMiincnd  tho  constitution  for  ci^ht 
yeurs,  t<>  »iml)Ii!  ConRrcHs  to  luiikc  tliHtribiition 
amonj?  tliu  Staten,  TcriitorifH,  iiiid  District  of 
Coliiiiibiii,  of  tho  aniiimi  surplus  of  public 
money.  The  surplus  is  ciuvfully  culculutud  ul 
!it;'.t,()0(»,()()()  jHT  iinnuiu  lor  ci;;lit  years;  and  the 
rule  of  distribution  assuiucd  p)fs  to  divide  that 
sum  into  as  many  shares  as  tliere  are  senators 
and  representatives  in  ConRress ;  each  State  to 
take  .shares  according  to  her  representation  j 
wliicli  the  riport  shows  would  i;ive  for  each 
sliare  precisely  li|;.'{(»,4(ir) ;  and  then  leaves  it  to 
the  State  itself,  by  a  little  ciphering',  in  multi- 
jjlyinn  the  aforesaid  sum  of  !){;.■{(  t,4(  »5  by  the 
whole  nundjor  of  senators  and  re|iresentative8 
which  it  may  have  in  Congress,  to  cal'ulate  the 
amnial  amoimt  of  the  stipend  it  would  receive. 
This  process  the  report  extends  thronj;h  a  pe- 
riod of  ei^rht  years ;  so  that  the  whole  sum  to 
bo  divided  to  the  States,  Territories,  and  Di.s- 
trict  ot  Cohnnbia,  will  amount  to  sovcnty-two 
milli'Mis  of  dollars. 

"  Of  all  the  propositions  which  he  ever  wit- 
nessed, brought  forward  to  astonish  tho  senses, 
to  ct)nfound  recollection,  and  to  make  him 
doubt  the  reality  of  a  past  or  a  present  scene, 
this  proposition,  said  Mr.  B.,  eclipses  and  dis- 
tances the  whole  !  What !  the  Senate  of  the 
United  States— not  only  tho  same  Senate,  but 
tho  same  members,  sitting  in  the  same  chairs, 
looking  in  each  others'  faces,  remembering  what 
each  had  said  only  a  few  short  months  ago 
— now  to  be  called  upon  to  make  an  altera- 
tion in  the  constitution  of  tlie  United  States, 
for  the  pupose  of  dividing  seventy-two  milli(jns 
of  surplus  money  in  the  treasury ;  when  that 
same  treasury  was  proclaimed,  affirmed,  vatici- 
nated, and  proved,  upon  calculations,  for  tho 
whole  period  of  the  last  session,  to  lie  sinking 
into  bankruptcy !  that  it  would  be  destitute  of 
revenue  by  the  end  of  the  year,  and  could  never 
be  rejilenished  until  the  deposits  were  restored ! 
the  bank  reclmrtered  !  and  tl»e  usurper  and  des- 
pot driven  from  the  high  place  which  he  dis- 
honored and  abused  !  This  was  the  cry  then  ; 
the  cry  whicii  resounded  through  this  chamber 
for  six  long  months,  and  was  wafted  upo  every 
breeze  to  every  quarter  of  the  Republic,  to 
alarm,  agitate,  disquiet  and  curnge  the  people. 
The  author  of  this  report,  and  tlie  whole  party 
with  which  he  marched  under  tho  orijiamine 
of  the  Eank  of  the  United  States,  filled  the 
Union  with  this  cry  of  a  bankrupt  treasury,  and 
predicted  the  certain  and  speedy  downfall  of  the 
administration,  from  the  want  of  money  to  carry 
on  the  operations  of  the  government. 

"  FMr,  Calhoun  here  rose  and  wished  to  know 
of  Mr.  Benton  whether  he  meant  to  include  him 
in  the  number  of  tho.se  who  had  predicted  a 
deficiency  in  the  revenue.] 

"  Mr.  B.  said  he  would  answer  the  gentleman 
by  telling  him  an  anecdote.  It  was  the  story 
of  a  drummer  taken  pri.soner  in  the  low  coun- 
tries by  the  videttes  of  Marshal  Saxc,  under 
circumstances  which  deprived  him  of  the  pro- 


tection of  the  laws  of  war.  About  to  be  six 
the  poor  dnuniner  plead  in  bis  defence  that  1 
was  a  non-c(>nd)atanf ;  ho  did  not  flghl  and  k 
people ;  he  diii  nothing,  ho  said,  lint  beat  I 
drum  in  the  rear  of  tlie  line,  lint  he  was  a 
swered,  so  nnich  the  worse ;  that  he  maile  oth 
jieople  fight,  and  kill  one  another,  by  drivii 
them  on  w  ith  that  drum  of  his  in  the  rear  ( 
the  lino  ;  and  so  he  should  sutler  for  it.  M 
U.  ho|)ed  that  the  story  would  be  understdci 
and  that  it  woulil  be  received  by  tlie  gentlemi 
as  an  answer  to  his  (piestion  ;  as  neither  in  k 
politics,  nor  war,  was  there  any  ditl'erencc  h 
tween  what  a  man  did  by  himself,  and  did  I 
another.  Be  that  as  it  nuiy.  said  Mr.  H.,  tl 
strangeness  of  the  scene  in  which  we  are  no 
engaged  remains  the  same.  Last  year  it  wns 
baid^rupt  treasury.  an<l  a  beggared  governincn 
now  it  is  a  tivasury  gorge«l  to  biirHting  wi 
surplus  millions,  and  a  governnienl  tranijiln 
down  liberty,  contaminating  morals,  bribing  m 
wielding  vast  masses  of  iieople,  from  the  untn 
ployable  funds  ofcomitless  treasures.  Such  m 
the  .scenes  which  the  two  sessions  )ireseiit ;  ni; 
it  is  in  vain  to  deny  it,  for  the  fatal  siieeclu's  t 
that  fatal  session  have  gone  forth  to  all  the  lio 
ders  of  the  republic.  They  were  printed  Jm 
by  tho  niyria<I,  franked  by  members  by  flic  tn 
weight,  freighted  to  all  parts  by  a  decried  nn 
overwhelmed  i'ost  Oflice,  and  paid  for!  pai 
for!  by  whom  ?  Thanks  for  (uie  thing,  at  leii-i 
Tho  report  of  the  Finance  Connnittee  mi  il 
bank  (Mr.  Tyler's  report)  effected  the  exliiiin; 
tion  of  one  mass — one  mass  of  hidden  an 
buried  putridity;  it  was  the  ])rinting  accom 
of  tho  Bank  of  the  United  States  fir  that  .^c 
sion  of  C(jngre>s  which  will  long  live  in  tl 
history  of  our  country  under  the  odious  iipii 
lation  of  the  panic  session.  That  jirintin;; 
count  has  been  dug  up;  is  the  black  vomit" 
the  bank  1  and  he  knew  the  medicine  wiiic 
could  bring  forty  such  vomits  from  tin'  tu 
stomach  of  the  old  red  harlot.  It  was  tlic 
dicine  of  a  committee  of  investigation.  con>t 
tuted  upon  parliamentarj'  pi-rnciples  ;  a  roiuiiiil 
tee,  composed,  in  its  majority,  of  those  wi 
charged  misconduct,  and  evinced  a  dis]i(isitii 
to  probe  every  charge  to  the  bottom ;  siaii 
committee  as  the  Senate  had  appointed,  at  tli 
same  session,  not  for  the  bank,  but  for  the  ji 
office. 

"YcB,  exclaimed  Mr.  B.,  not  only  the  tiv; 
sury  was  to  bo  bankrupt,  but  the  curreiity  va 
to  be  ruined.  There  was  to  be  no  money.  Tl 
trash  in  the  treasury,  what  little  there  w:i 
was  to  be  nothing  but  depreciated  pajier,  tli 
vile  issues  of  insovlent  pet  banks.  Silver,  an 
United  States  bank  notes,  and  even  good  bil! 
of  exchange,  were  all  to  go  off,  all  to  take  lcav( 
and  make  their  mournful  exit  together;  mi 
gold  I  that  was  a  triciv  unworthy  of  coiiiitt 
nance  ;  a  gull  to  bamboozle  the  simple,  and  t 
insult  the  intelligent,  until  the  fall  ekctioi; 
were  over.  Ruin,  ruin,  ruin  to  the  cum 
was  the  lugubrious  cry  of  the  day,  and  thesoi 


•I»vi 


ANNO  IHaS.     ANDIIKW  JACKSON,  I'U1>U)KNT. 


061 


vvH  of  Nvur.     A''"«>t  to  ^'c  '^'"'t, 
r,.lo«a  in  bin  .U.f.m-.ahal  1. 

,n„t ;  ho  (liil  not  fic^^  an.  k,ll 

!;  of  the  line,  hut  he  ^^us  u„. 
rthu  worse  ;Umt  he  nm.UM.tW 
fuill  one  another,  hy  .hu,n^ 
U.lrum  ..fhiH.  in  therm  M 
;  he  shoul.l  m.lVer  for  It.  Mr 
.story  xvool'l  ho  un.lersto.,.i, 
;neniive.lhy.he«entU..mn 
,  i...i'H'HtioniUHnt.,Uu.rn>l;uv, 
•nr   wan  there  . »ny;htiennn-lK.- 

I  hut  a8  it  n»av.  r'V^  ^^^-  "•'/'" 

he  «eene  in  wh-eli  sve  are  n.n, 

ns  the  sivnie.     L'v^t  year  it.  vvnsa 

s„rV..m'l'vhef.-are.lnov.;num.n; 

S^ry  ,or,e.l  .o  '"--;;;: 
,us,  an.l  a  novc-rnn.enl   t.uu.plu, 
coUanunatinKn.on»l^,hnhu:^a„.l 

masses  of  people,  from  the  urn,,,. 
Wof  countless  treasures.  Sneh  ur. 
ueh  the  two  sessions  present;  m, 

,  aeny  it,  for  the  lutal  spmhe  .1 
Ion  luuetrone  forth  to  all  the  K,,.- 

'innhlie.     They  were  pnnte-   Ikt. 
/franke.n.yu>eml)ersl.ytlH.tun 

te<lt«  all  parts  hy  a  .  emejl  m. 
Post  Oftice,  and  paul  for'.F. 
„?  Thanks  for  one  thin-,  at  lew. 
of  the  Finance  Co.nnuttee  m  tl. 
MerV  rep.)rt)  eflVcted  the  exhuma. 
?  „^„ss-one  mass  of  huWen  a,M 
iditv,  itwasthoprint.npneomr. 

of  the  United  St:.tes  for  that  h- 
.nv>s  which  will  lontr  hve  m  tl. 
n.  country  nniler  the  o.lious  aH^l- 
?  ,  c  issi.m.  That  pr.nt.n,  a^ 
J    duRup;  is  the  black  vo,m; 

uulbe^knew  the  med.cme  wine 
forty  such  vomits  Irum  t  .■  U 

the  old  red  harlot.    It  vyas  the  m- 

tmnittcc  of  investi,atu,n    c.,M,. 

parliamentary  pm;Mples,  J    on 

ed  in  its  majority,  of  those  «ho 
conduct,  and  evinced  a  d.^pos,  i»n 
Vvohargc  to  thebottoni;sucha 

/the  Senate  had  appointed  at  the 
\ot  for  the  bank,  but  for  the  po-n 

Llaimcd  Mr.  B.,  not  only  the  trea- 
rbrankrupt,bWthecurrenp« 
i  There  waJ  to  bo  no  money,  lie 
(e  treasury,  what  little  V^>er^- 
Lthing  but  depreaated  p  P  - 
If  insovlent  pet  banKS.  J=  ^^^  '  ™ 
L  bank  notes,  and  even  joo  I  b 
I  wore  all  to  go  off,  all  to  t^Kt  ^' 

lwa<5  a  tricK  unworiny   " 
Imtclligcnt,  .ml  1  ^^  -^  ;„,,„. 


rowftil  biirdon  of  the  speech  for  six  long  months.  ; 
Now,  tin  the  contrary,  it  Hit-ms  to  \)v  admitted  , 
tlint  there  is  to  be  money,  real  good  money,  in 
the  treasury,  such  as  the  llentv^t  liaters  of  tlie  ^ 
|K't  hanks  would  wish  to  liave  ;  and  tlial  not  a  , 
Utile,  since  seventv-two  millions  of  Mirphises  i 
aie  pvo|lo^ed    to   lie   drawn   from    that   sanu' 
empty  treasury  in  the  brief  space  of  eiglit  years,  j 
Not  a  wf)rd  about  ruined  currency  now.     Not  a 
wonl  about  t!ie  curniicy  itself.    The  verj'  word  | 
seems  to  bedi'oipedfrom  tiie  vocabidiry  of  gen-  i 
tlemeii.  All  lips  closed  tij;ht,  all  tongues  hushed  | 
still,  all   allusirin   avoided,   to   that  once   dear  I 
phrase.     The  silver  currency  iloubled  in  a  year;  [ 
lour  niillious  of  g(dd  coins  in  half  a  year  ;  e.\-  | 
clianjies  reihicod  to  the  lowest  and  most  uniform 
rates ;  tlie  whole  expenses  of  Congress  paid  in 
pold;  working  people  receiving  gold  and  silver 
for  their  ordinary  wages.     Such  are  the  results 
which  have   confounded   the   projihets  of  wo, 
fiilenced  the  tongues  of  lamentation,  expelled 
ttie    word    currency    from    our   debates;  and 
brought  the  jieople  to  nucstion,    if   it  cannot 
briug  thenisvlves,  to  douot,   the  future  infalli- 
bility of  those  undaunted  alarmists  who  still 
fjo  forward  with  new  and  conlident  predictions, 
iiotwith  tanding  they  have  been  so  lecentl}'  and 
so  con-pl'Miously  deceived  in  their  vaticinations 
of  a  ruined  currency,  a  bankrupt  treasury,  and 
a  beirsjard  government. 

■'  But  here  we  are,  said  Mr.  B.,  actually  en- 
lairi'il  in  a  serious  proposition  to  alter  the  con- 
stitution of  th.'  United  States  for  the  period  of 
eijit  veirs,  in  (uder  to  get  rid  of  suiplus  reve- 
ime;  aiid  a  most  dazzling,  seductive,  and  fasci- 
iiatiiij,'  scheme  is  presented ;  no  less  than  nine 
miilions  u  \ear  for  eiglit  consecutive  years.    It 
ioik  like  wihllire,  Mr.  B.  said,  and  he  had  seen 
a  iiieinlier — no,  that  mi^lit  seem  too  particular 
—he  luid  seen  a  gentleman  who  looked  upon  it 
a-;  eslahlisiiing  a  new  era  in  the  affairs  of  our 
Anvrica  estaljlishing  a  new  test  for  the  forma- 
tion of  pai  ties,  bringing  a  now  question  into  all 
our  electionSj  State  and  federal ;  and  operating 
tlie  political  salvation  and  elevation  of  all  who 
siiiip((rted  it    and  the  immediate,  utter,  and  irre- 
tiievahle  i  oliiical  damnation  of  all  wlio  opposed 
it.    But  Mr,  B.  dissented  from  the  novelty  of 
the  sciienie.     It  was  an  old  actjiiaintancc  of  his, 
only  new  vamped  and  new  burni.shed,  for  the 
linsent  occut^ion.     It  is  the  same  proposition, 
oaly  to  he  accomplished   in  a  dillerent  way, 
which  was  brought  forward,  gome  years  ago.  by 
a  pinalor  from  New  Jersey  (Mr.  Pickersonj; 
ami  which  then  received  unmeasured  condem- 
nition,  not  merely  for  imcoustitulionality,  but 
inv  all  its  ctt'ects  and  con  equences  :  the  degra- 
dation of  mendicant  States,  receiving  their  an- 
naul  allowance  from  the  bounty  of  the  federal 
j-'ovcrnuiint ;   the  debauchment  of  the   public 
iii'irals.  when  every  citizen  was  to  look  to  the 
lid  r.il  tre  isur\'  for  money,  and  every  candidate 
ioioilice  was  to  outbid  his  competitor  in  otler- 
in',:it;  the  con.olidation  of  the  States,  thus  re- 
sulting from  a  central  supply  of  revenue ;  the 
Vol.  I.— 36 


follv  of  collecting  with  one  liand  to  pay  back 
with  the  othrr ;  and  lioth  hands  to  bt;  greascil  at 
the  e.\|K'nse  of  the  citizen,  wlio  pays  one  man  to 
collect  the  money  from  him,  and  another  to 
bring  it  hack  to  him,  minus  the  interest  and  the 
cost  of  a  doiihlf  operation  in  fetching  and  carry- 
ing;;  and  the  eventual  and  inevitalile  progn'ss 
of  the  scheme  to  tlio  plunder  of  the  weaker  half 
of  the  I'nion  liy  the  stronger;  when  the  stronger 
iialf  would  undoubtedly  throw  the  whole  bur- 
den of  raising  the  money  upon  the  weaker  half, 
and  then  take  the  main  portion  to  themselves. 
Such  were  the  main  objections  uttered  against 
this  plan,  seven  years  ago,  when  a  gallant  son 
of  .South  Carolina  ((Jeneral  Hayne)  stood  by 
his  f  Mr.  B.'s)  side — no,  stood  before  him — and 
led  liim  in  the  tight  against  that  fatal  and  <lulu- 
sive  scheme,  now  brought  forward  under  a  more 
sedusive,  dangerous,  ularming.  inexcusable,  un- 
Justiliivble,  and  <lemoraiizing  form. 

'•Yes,  said  .Mr.  1!.,  it  is  not  only  the  revival 
of  the  same  jilau  for  dividing  surplus  revenue, 
which  received  its  condenuiiilion  on  this  lloor, 
seven  or  eight  years  ago ;  but  it  is  the  modifica- 
tion, and  that  in  a  form  infinitely  worse  for  the 
new  States,  of  the  famous  land  bill  which  now 
lies  upon  our  table.  It  takes  up  the  object  of 
that  bill,  and  runs  away  with  it,  giving  nine  mil- 
lions whei"e  that  gave  three,  and  leaves  the  au- 
thor of  that  bill  out  of  sight  behind;  and  can 
the  gentleman  from  South  Carolina  (Mr.  Cal- 
houn) be  so  short-sighted  as  not  to  see  that 
somebody  will  play  him  the  same  prank,  and 
come  forward  with  propositions  to  raise  and  di- 
vide twenty,  thirty,  forty  millions;  and  thus  out- 
leap,  outjump,  and  outrun  him  in  the  race  of 
popularity,  just  as  far  as  he  himself  has  now 
outjumped,  outleaped,  and  outran,  the  author  of 
the  land  distribution  bill? 

"Yes,  said  Mr.  B.,  this  scheme  for  dividing 
surplus  revenue  is  an  old  acipiaintance  on  this 
floor ;  but  never  did  it  come  n})on  this  floor  at  a 
time  so  inauspicioKS,  luider  a  form  so  question- 
able, and  upon  ass'imptitvus  so  unfounded  in  fact, 
so  delusive  in  argumemt.  He  would  speak  of 
the  inausiiiiionsness  of  the  time  hereafter;  at 
present,  he  would  take  positions  in  direct  con- 
tradiction to  nil  the  arguments  of  fact  and  rea- 
son upon  which  this  monstrous  scheme  of  dis- 
tribution is  erect  d  and  defended.  Condensed 
into  their  essence,  these  arguments  are : 

"  1.  That  there  will  be  a  surplus  of  nine  mil- 
lions annually,  for  eight  years. 

"  2.  That  there  is  no  way  to  reduce  the  reve- 
nue. 

'•  3.  That  there  is  no  object  of  general  utility 
to  which  these  surpluses  can  be  applied. 

•' 4.  That  distiibution  is  the  only  way  to  car- 
ry them  off  without  poisoning  and  corrujiting 
the  whole  body  politic. 

•'  Mr.  B.  disputed  the  whole  of  those  proj.osi- 
tions,  and  would  und(  rtake  to  show  each  to  bo 
1,'nfounded  and  erroneous. 

"  1.  The  report  says  that  the  surplus  will  pro- 
bably equal,  on  the  average,  for  the  next,  eighti 


M™' 


if 


■  ■ '     li    y  -  ■       '.■ 


i 


'll'i- 


562 


THIRTY  YEARS'  VIEW. 


: ,  tl 


*  ii'li. 


years,  tlie  mm  of  $9,000,000  beyond  the  just 
wants  of  the  povornnicnt ;  and  in  a  sul)Scqnont 
part  it  says,  gupposinp  the  surplus  to  be  rtistri- 
butod  shoidd  average  i();9,0()0,000,  annually,  as 
estimated,  it  would  give  to  each  share  $30,405, 
which,  midtiplied  by  the  senators  and  represen- 
tatives of  any  State,  would  show  the  sum  to 
which  it  would  be  entitled.  The  amendment 
which  has  been  reported  to  carry  this  distribu- 
tion into  eflect  is  to  take  effect  for  the  year  1835 
— the  present  year — and  to  continue  till  the  1st 
day  of  Januar)',  1843;  of  course  it  is  inclusive 
of  1842,  and  makes  a  period  of  eight  years  for 
the  distribution  to  goon.  The  amendment  con- 
tains a  blank,  which  is  to  be  fdkd  up  with  the 
sum  which  is  to  be  left  in  the  treasury  every 
year,  to  meet  contingent  and  imexpected  de- 
mands ;  and  the  report  shows  that  this  blank  is 
to  be  filled  with  ihe  sum  of  $2,000,000.  Here, 
then,  is  the  totiility  of  these  surpluses,  eleven 
millions  a  year,  for  eight  consecutive  years ;  but 
of  which  nine  millions  are  to  be  taken  annually 
for  distribution.  Now,  nine  times  eight  are 
sevrnty-two,  so  that  here  is  a  rport  setting 
forth  the  enormous  stnn  of  $72,000,000  of  mere 
surplus,  after  satisfying  all  the  just  wants  of  the 
government,  and  leaving  two  millions  in  the  trea- 
sury, to  be  belli  up  for  distributon,  and  to  ex- 
cite the  people  to  clamor  for  their  .shaics  of  such 
a  great  and  dazzling  ]irizp.  At  the  same  time, 
Mr.  B.  siiid,  there  would  be  no  such  surplus.  It 
was  a  delusive  bait  held  out  to  whet  the  appe- 
tite of  the  people  for  the  spoils  of  the.r  country ; 
and  could  never  be  realized,  even  if  the  amend- 
ment for  authorizing  the  distribution  should  now 
pa^^s.  The  seventy-two  millions  could  never  be 
found ;  they  would  exist  nowhere  but  in  this 
.•eport.  in  tlie  author's  ima-jination,  and  in  the 
deluded  hojies  of  an  excited  coinmunity.  The 
seventy-two  millions  could  never  be  found ;  they 
would  turn  out  to  be  the  '  fellows  in  Kendal 
green  and  buckram  suits,'  which  figured  so 
largely  in  the  imagination  of  Sir  John  Falstaff 
— the  two-and-fifty  men  in  buckram  which  the 
valiant  old  knight  received  upon  his  point,  thus ! 
[extending  a  pencil  in  the  attitude  of  defence]. 
The  calculations  cf  the  author  of  the  report 
were  wild,  delusive,  astonishing,  incredible,  lie 
(Mr.  li.)  could  not  limit  himself  to  the  epithet 
wild,  for  it  was  a  clear  case  of  hallucination. 

"Mr.  B.  then  took  up  the  treasury  report  of 
Mr.  SecretaiT  Wo'idbtiry,  communicated  at  the 
commencement  of  the  present  session  of  Con- 
gress, and  containing  the  estimates  required  by 
law  of  the  expected  income  and  expenditure  for 
the  present  year,  and  also  for  the  year  1836.  At 
pages  4  and  5  are  the  estimates  for  the  present 
year;  the  income  estimated  at  $20,000,000,  the 
expenditures  at  $19,(i83,5IO ;  being  a  diflerence 
of  only  some  three  hundred  thousand  dollars 
between  the  inc<  me  and  the  outlay ;  and  such 
is  tlio  chance  for  nine  millions  taken,  and  two 
left  in  the  lir.~t  year  of  the  distribution.  At 
pages  10,  14,  15.  tlie  revenue  for  1830  is  com- 
puted; and,  after  going  over  all  the  heads  of 


exp(>nse,  on  which  diininuti  ii^  will  jirobably 
made,  he  computes  tlie  income  and  outlay  of 
year  at  about  equal ;  or  probably  a  little  snip 
to  the  amount  of  one  million.  These  are 
estimates,  said  Mr.  B.,  formed  upon  data,  i 
coming  from  an  officer  making  reports  upon 
res|>(insibility,  and  for  the  legislative  guida 
of  Congress  ;  and  to  which  we  are  bound  to  j; 
credence  until  they  are  shown  to  be  iiicorn 
Here,  then,  are  the  first  two  years  of  the  ei| 
disposed  of,  and  nothing  found  in  them  to  divi 
The  Ir.st  two  years  of  the  term  could  be  i 
patched  even  more  quickly,  said  Mr.  B. ; 
every  body  that  uiider.«tands  the  coniiiron 
act  of  March,  18>'')3,  must  know  that,  in  the  1 
two  yeiirs  of  the  operation  of  that  act.  tii 
would  be  an  actual  deficit  in  the  treasuiy.  Lc 
at  the  terms  of  the  act!  It  proceeds  by  si 
and  insensible  degrees,  making  slight  deducti 
once  in  two  years,  until  the  years  1811  ; 
1812,  when  it  ceases  crawling,  and  coniiiien 
jumping;  and  leaps  down,  at  two  .jumps, 
twenty  per  centum  on  the  value  of  the  arti( 
which  pay  duty,  which  articles  are  less  than  ( 
half  of  our  importations.  Twenty  jer  ci 
upon  the  amount  of  goods  which  will  llien  | 
duty  will  produce  but  little,  say  twelve  or  ti 
teen  millions,  upon  the  basis  of  sixty  or  sevd 
millions  of  dutiable  artichs  im])orled  tlieii,  wii 
only  amount  to  forty-seven  nr'Iions  now.  Tl 
there  will  be  no  surplus  at  all  for  one  half 
period  of  eight  years :  tiie  first  two  and  tlie  1 
two.  In  the  middle  jieriod  of  four  years  tli 
will  probably  be  a  surplus  of  two  or  time  i 
lions  ;  but  Mr.  B.  took  issue  iij>on  all  the  iilK' 
tions  with  respect  to  it ;  as  that  there  was 
way  to  reduce  the  revenue  without  disturli 
the  compromise  act  of  Alarch,  1833  ;  that  tli 
was  no  object  of  general  utility  to  which  it  co 
be  applied  ;  and  that  distribution  was  tlic  o 
way  to  get  rid  of  it. 

'•Equally  delusive,   and   profoundly  ern 
ous,  was  the  gentleman's  idea  of  the  siu'i 
which   could  be   taken  out  of  the  appiop 
tion<.     True,  that  operation  could  be  perfo 
ed  once,  and  but  once.     The  run  of  our 
siiry  payments  show  that   about  one  (|iiii 
of  the  year's  expenditure  is  not  paid  wit 
the  jear,  but   the  first   quarter  of  the 
year,  and  thus  could  be  paid  out  of  the  n 
nue  received  in  the  first  quarter  of  (Ik' 
year,  even  if  the  revenue  of  the  last  qiiinti' 
the  preceding  year  was  thrown  away.     l!i:t 
was  a  thing  which  could  only  be  done 
You  might  rely  upon  the  first  quarter,  but 
could  not  upon  the  second,  third,  and  foii 
There  would  not  be  a  dollar  in  the  tiv.isiif 
the  end  of  four  years,  if  you  dediicti'd  a  (|iiait 
amount  four  times  successively.     It  was  a  ( 
if  a  homely  adage  might  be  allowed,  whirli  in 
well  apply — you  could  not  eat  the  cake  and 
it  too.     Mr.  B.  submitted  it.  then  to  the  Sii 
that,  on  the  first  point  of  objection  to  tlierq 
his  issue  was  maintained.     There  was  no  i 
.surplus  of  nine  millions  a  year  for  eight  y< 


III'!'* 


ANNO  1835.    ANDREW  JACKSON,  PRESIDENT. 


563 


ich  (liininuti  .u^  will  i.ro1.al.ly  bo 
itcs  the  income  and  "VJtlay  of  the 
nual ;  or  prohably  a  little  surplus 
•of  one  million.    These  nro  the 
'  Mr    B.,  formed  upon  data,  and 
n  officer  making  reports  upon  lus 
and  for  the  k't^islative  pniduncc 
ind  to  which  wc  are  boimd  to  fiivt 
they  are  shown  to  be  nuonict. 
e  the  first  two  years  of  the  eipht 
,1  nothing  found  in  them  to  divKk'. 

years  of  the  term  could  be  (lis- 

niorc  quickly,  «ai«l  Mr.  B.;  fur 
that  understands  the  comrnmuse 

18;'.3,  must  know  that,  m  the  hi.4 
f  the  operation  of  that  act.  there 
ictual  deficit  in  the  treasury.   Look 

of  the  act!  U  proceeds  by  sl(,w 
le  degrees,  making  slight  deductions 

voars,  mitil  the  years  1841  and 
it  ceases  crawling,  and  commemi.. 
„,l  leaps  down,  at  two  Jumps,  to 
x-ntumon  the  value  of  the  articks 
ntv  which  articles  are  less  than  oiu 

i'niportations.  Twenty  F>-  ceM. 
,ount  of  goo<;s  wh.eh  wdl  then  .;iy 
•oduce  but  little,  say  twelve  or  tlm- 
,8  upon  the  basis  of  sixty  or  .evuuv 
hltiableartkUsim).orledtl,en,wl,u.h 

\t  in  forlv-scven  m  'lions  now.  lluii 
otr.lusatallforonehalf,l. 
icht  years:  the  fir^t  two  and  tli.  la-t 
,c  middle  period  of  four  years  tl.eiv 
,1V  be  a  surplus  of  two, u- three  mil- 
Mr  B.took  issue  up<«n  all  the  allep^i- 
respect  to  it;  as  that  there  was  no 
ucc  the  revenue  without  di>tuv  mia 
Si^ic  act  of  March,  18;'.3;  that  tluMv 

ect  of  general  utility  to  which  it  cou  d 
;  and  that  distribution  was  the  only 

J'ddushe,  and  profoundly  evrono- 
(he  centleman's  idea  of  the  surpfc 
1,1  be  taken  out  of  the  approiina- 
„c  that  o,>eration  could  be  perform- 
,d'but  once.  The  run  of  our  tru- 
hcnts  show  that  about  one  .luar  or 
ar's  cxFnJiture  is  not  paid  with, 
but  the  first  q"-'ter  of  the  -^t 
■  thus  could  be  paul  onto     lei     ■ 

•cd  in  the  first  quarter  ol   the  nix 
'V  the  revenue  of  the  last  quavln'J^ 

iinsi  year  was  thrown  away.  '•'•'  'i"" 
L^  which  could  only  be  done  mKO, 
'  rely  upon  the  first  quarter,  but  yj 
,Hmfhe  second,  third,  .yulmn. 
,1,1  not  be  a  dollar  in  the  treasui  » 
'Vuryears,ifyoudeductj.la.,..r. 

,ur  times  successively.     It  \m>  !i  ^''f^ 
aS  might  be  allowed,  whielMVOul 

^I'Jl^ucouWnoteatthecaUea.^^^^^^^^^^^ 
[r  k  submitted  it.  then  to  the  Smw. 
L  first  point  of  objection  to  the. JJ 
was  maintained.  '1  here  was  no  rf^ 
'nine  millions  a  year  for  eight  ye«r^ 


as  had  been  assumed,  nor  any  thing  near  it ;  and 
this  assumption  being  the  comer-stone  of  the 
whole  edifice  of  the  scheme  of  distribution,  it 
wns  sufficient  to  show  the  fallacy  of  that  data 
(0  blow  the  whole  scheme  into  the  empty  air. 

Mr.  B.  admonisheil  the  Senate  to  beware  of 
ridicule.  To  pass  a  solemn  vote  for  amending 
the  constitution,  for  the  piirpose  of  enabling 
Congress  to  make  distribution  of  surpluses  of 
revenue,  and  then  find  no  surplus  to  distribute, 
miiiht  lessen  the  dignity  and  diminish  the  weight 
of  so  grave  a  body.  It  might  expose  it  to  ridi- 
cule ;  and  that  was  a  hard  thing  for  public  bodies, 
and  public  men,  to  stand.  The  Senate  had  stood 
niucli  in  its  time  ;  much  in  the  latter  part  of  Mr. 
Monroe's  administration,  when  the  Washington 
Republic  in  habitually  denounced  it  as  a  faction, 
and  displayed  many  brilliant  essay.s,  written  by 
no  mean  hand,  to  prove  that  the  cpitnet  was  well 
applied,  though  apjjlied  to  a  ni.ajority.  It  had 
Btood  much,  also,  during  the  four  years  of  the 
second  Mr.  Adams's  iidministration  ;  as  the  .sur- 
viving pages  of  the  dcfimct  National  Journal 
could  still  attest :  but  in  all  that  time  it  stood 
clear  of  ridicule  ;  it  did  nothing  upon  which 
saucy  wit  could  lay  its  lash.  Let  it  beware  now ! 
for  the  passage  of  this  amendment  may  expo.se 
it  to  untried  peril ;  the  peril  of  song  and  carica- 
ture. And  wo  to  the  Senate,  farewell  to  its  dig- 
nity, if  it  once  gets  into  the  windows  of  the  print- 
.lihop,  and  becomes  the  burden  of  the  ballads 
which  the  milkmaids  sing  to  their  cows. 

"  2.  Mr.  B.  took  up  his  second  head  of  objec- 
tior..  The  report  affirmed  that  there  was  no 
way  to  reduce  the  revenue  before  the  end  of  the 
year  1842,  without  violating  the  terms  of  the 
compromise  act  of  March.  1833.  Mr.  B.  said 
he  had  opposed  that  act  when  it  was  on  its  pas- 
saj;e,  and  had  then  stated  his  objections  to  it. 
It  was  certainly  an  extraordinary  act,  a  sort  of 
new  constitution  for  nine  years,  as  he  had  heard 
it  felicitously  called.  It  was  made  in  an  unusual 
manner,  not  precisely  by  three  men  on  an  island 
on  the  coast  of  Italy,  but  by  two  in  some  room 
of  a  boarding-house  in  this  city ;  and  then  pushed 
through  Congress  under  a  press  of  sail,  and  a 
durcs>e  of  feeling ;  under  the  factitious  cry  of 
dissolution  of  the  Union,  raised  by  those  who 
hal  been  declaring,  on  one  hand,  that  the  tariff 
could  not  be  reduced  without  dissolving  the 
Union;  and  on  the  other  that  it  could  not 
be  kept  up  without  dissolving  the  same  Union. 
The  value  of  all  such  cries,  Mr.  B.  said,  would 
he  appreciated  in  future,  when  it  was  seen  with 
how  inucli  facility  certain  persons  who  had  stood 
under  the  opposite  poles  of  the  earth,  as  it  were, 
on  the  subject  of  the  tarilF,  had  come  together 
to  compromise  their  opinions,  and  to  lay  the 
tiriffon  the  shelf  for  iiiuc  years  !  a  period  which 
covered  two  presidential  elections!  That  act 
was  no  favorite  of  his,  but  he  would  let  it  ah)ne; 
and  thus  leaving  it  to  work  out  its  design  for 
nine  years,  he  would  say  there  were  wa^'s  to  re- 
duce the  reveime.  very  sensibly,  without  alfect- 
ing  the  terms  or  the  spirit  of  that  act.    And 


here  he  would  speak  upon  data.  lie  had  the 
authority  of  the  Secretary  of  the  Treasury  (.Mr. 
Woodbury)  to  declare  that  he  believed  he  could 
reduce  the  revenue  in  this  way  and  upon  imjiorts 
to  the  amount  of  five  hundred  thousand  dollars ; 
and  he,  Mr.  B.,  should  submit  «  re.'Jolution  call- 
ing upon  the  Secretary  to  furnish  the  details  of 
this  reduction  to  the  Senate  at  the  comnuuei- 
ment  of  their  next  stated  session,  that  Congre.-s 
might  act  upon  it.  Further,  Mr.  B.  would  -av, 
that  it  appeared  to  him  that  the  whole  list  of 
ai'ticles  in  the  fifth  section  of  the  act,  amounting 
to  thirty  or  forty  in  number,  and  which  by  that 
section  are  to  be  free  of  duty  in  1842,  and  which  in 
his  opinion  might  be  made  free  this  day,  and  that 
not  only  without  injuiry  to  the  manufacturers, 
but  with  such  manifest  advantage  to  them,  that, 
as  an  equivalent  for  it,  and  for  the  sake  of  ob- 
taining it,  they  ought  to  come  foi  ward  of  them- 
selves, and  make  a  voluntary  concession  of  re- 
ductions on  some  other  points,  especially  on 
some  classes  of  woollen  goods, 

"  Having  given  Mr.  Woodbury's  authority  for 
a  reduction  of  $500,000  on  import^-,  Mr.  B. 
would  show  another  source  from  which  a  much 
larger  reduction  could  be  made,  and  that  with- 
out affecting  this  famous  act  of  March,  1833,  in 
another  and  a  differer.t  quarter ;  it  was  in  the 
Western  quarter,  the  new  States,  the  public 
lands !  The  act  of  1833  did  not  embrace  this 
source  of  revenue,  and  Congress  was  free  to  act 
upon  it,  and  to  give  the  people  of  the  new  States 
the  same  relief  on  the  purchase  of  the  article  (m 
which  they  chiefly  paid  revenue  as  it  had  done 
to  the  ohl  States  in  the  reduction  of  the  tarilF. 
Mr.  B.  did  not  go  into  the  worn-out  and  explod- 
ed objections  to  the  reduction  of  the  price  of  the 
lands  which  the  report  had  gathered  up  from 
their  old  sleeping  jilaces,  ard  presented  again  to 
the  Senate.  Speculators,  monopolies,  the  fall  in 
the  price  of  real  estate  all  over  the  Union  ;  these 
were  exploded  fivllacies  which  he  was  sorry  to 
see  paraded  here  again,  and  which  he  should  not 
detain  the  Senate  to  answer.  Suflice  it  to  say, 
that  there  is  no  application  made  now,  made 
heretofore,  or  intended  to  be  made,  so  far  as  he 
knew,  to  reduce  the  price  of  new  land!  One 
dollar  and  a  quarter  was  low  enough  for  the  first 
choice  of  new  lands ;  but  it  was  not  low  enough 
for  the  second,  third,  fourth,  and  fifth  choices  ! 
It  was  not  low  enough  for  the  refu.se  lands  which 
had  been  five,  ten,  twenty,  forty  years  in  market ; 
and  which  could  find  no  purchaser  at  $1  25,  for 
the  solid  reason  that  they  were  worth  but  the 
half,  the  quarter,  the  tenth  part,  of  that  sum. 
It  was  for  such  lands  that  reduction  of  prices 
was  sought,  and  had  been  sought  for  many  years, 
and  would  continue  to  be  sought  until  it  was 
obtained ;  for  it  was  impossible  to  believe  that 
Congress  would  persevere  in  the  ilagrant  injus- 
tice of  for  ever  refusing  to  reduce  the  jirice  of  re- 
fuse and  unsalable  lands  to  their  actual  vahio 
The  policy  of  President  Jackson,  communicated 
in  his  messages,  Mr.  B.  said,  was  the  policy  of 
wisdom  and  justice.     lie  was  for  disposing  of  the 


564 


THIRTY  YEARS'  VIEW. 


k    M    'r 


f  n:i^  r 


ji'  -. ; 


'■'    !}•!'     f  f  SI  i 


1 1 


lands  more  for  the  purpose  of  promoting  settle- 
ments, and  creating  freeholders,  than  for  the 
purpose  of  exacting  revenue  from  the  meritori- 
ous class  of  citizens  who  cultivate  the  soil.  lie 
would  sell  the  lands  at  prices  which  would  pay 
expenses — the  expense  of  acquiring  them  from 
the  Indians,  and  surveying  and  selling  them; 
and  this  system  of  moderate  prices  with  dona- 
tions, or  nominal  sales  to  actual  settlers,  would 
do  justice  to  the  new  States,  and  effect  a  sensible 
reduction  in  the  revenue ;  enough  to  prevent  the 
necessity  of  amending  the  constitution  to  get  rid 
of  nine  million  surpluses !  But  whether  the 
price  of  lands  was  reduced  or  not,  Mr.  B.  said, 
the  ivvenue  from  that  source  would  soon  be  di- 
minished. The  revenue  had  been  exorbitant 
from  the  sale  of  lands  for  three  or  four  years 
past.  And  why  ?  Precisely  because  immense 
bodies  of  new  lands,  and  much  of  it  in  the  States 
adapted  to  the  production  of  the  great  staples 
which  now  bear  so  high  a  price,  have  within  that 
period,  come  into  market ;  but  these  fresh  lands 
must  soon  be  exhausted ;  the  old  and  refuse  only 
remain  for  sale ;  and  the  revenue  from  that 
souicc  will  sink  down  to  its  former  usual  amount, 
instead  of  remaining  at  three  millions  a  year  for 
nine  years,  as  the  report  assumes. 

'•  3.  When  he  had  thus  shown  that  a  diminu- 
tion of  revenue  could  be  effected,  both  on  imports 
and  on  refuse  and  unsalable  lands,  Mr.  B.  took 
up  the  third  issue  which  he  had  joined  with  the 
report;  namely,  the  possibility  of  finding  an 
object  of  general  utility  on  which  the  surpluses 
could  be  expended.  The  report  affirmed  there 
was  no  such  object ;  he,  on  the  contrary,  affirm- 
ed tliiit  there  were  such  ;  not  one,  but  several, 
not  only  useful,  but  necessary,  not  merely  ne- 
cessary, but  exigent ;  not  exigent  only,  but  in 
the  highest  possible  degree  indispensable  and 
essential.  He  alluded  to  the  whole  class  of 
measures  connected  with  the  general  and  per- 
manent defence  of  the  Union !  In  peace,  prepare 
for  war !  is  the  admonition  of  wisdom  in  all  ages 
and  in  all  nations ;  and  sorely  and  grievously 
lias  our  America  heretofore  paid  for  the  neglect 
of  that  admonition.  She  has  paid  for  it  in  blood, 
in  money,  and  in  shame.  Are  we  prepared  now? 
And  is  there  any  reason  why  we  should  not  pre- 
pare now  ?  Look  at  your  maritime  coast,  from 
Passamaquoddy  Bay  to  Florida  point ;  your  gulf 
coast,  from  Florida  point  to  the  Sabine ;  your 
lake  frontier,  in  its  whole  extent.  What  is  the 
picture  ?  Almost  destitute  of  forts;  and,  it  might 
be  said,  quite  destitute  of  armament.  Look  at 
your  armories  and  arsenals — too  few  and  too 
empty  ;  and  the  West  almost  destitute !  Look 
at  your  militia,  many  of  them  mustering  with 
corn  stalks ;  the  States  deficieni  in  arms,  especial- 
ly in  field  artillery,  and  in  swords  and  pistols 
for  their  cavalry !  Look  at  your  navy ;  slowly 
increasing  under  an  annual  appropriation  of  half 
a  million  a  year,  instead  of  a  whole  million,  at 
which  it  was  fixed  soon  ai'ter  the  late  war,  and 
from  which  it  was  reduced  son^r  years  ago,  when 
money  ran  low  in  the  treasury !    Look  at  your 


dock-yards  and  navy-yards  ;  thinly  dotted  ale 
the  maritime  coast,  and  hanlly  seen  at  all  on  I 
gulf  coast,  where  the  whole  South,  and  the  gr( 
West,  so  imperiously  demand  naval  protect  ic 
Such  is  the  picture;  such  the  state  of  our  coi 
try ;  such  its  state  at  this  time,  when  even  l 
most  unobservant  should  sec  something  to  niti 
us  think  of  defence !  Such  is  the  st  ate  of  ( 
defences  now,  with  which,  oh !  strange  and  w( 
derful  contradiction  !  the  administration  is  in 
reproached,  reviled,  flouted,  and  taunted,  by  tlu 
who  go  for  distribution,  and  turn  their  backs 
defence  !  and  who  complain  of  the  President 
leaving  us  in  this  condition,  when  five  years  a 
in  the  jear  1829,  he  recommended  the  aniii 
sum  of  $250,000  for  arming  the  fortificulic 
(which  Congress  refused  to  give),  and  wlio  m 
are  for  taking  the  money  out  of  the  treasury. 
be  divided  among  the  people ;  instead  of  tiu  in 
it  all  to  the  great  object  of  the  general  and  p 
niancnt  defence  of  the  Union,  for  which  th 
were  so  solicitous,  so  clamorous,  so  fueliuj. 
alive,  and  patriotically  sensitive,  even  one  slu 
month  ago. 

"  Does  not  the  present  state  of  the  count 
(said  Mr.  B.)  call  for  defence?  and  is  not  tl 
the  propitious  time  for  putting  it  in  del'eni 
and  will  not  that  object  absorb  every  dollai' 
real  surplus  tliat  can  be  found  in  the  tnasu 
for  these  eight  years  of  plenty,  during  whirh  \ 
are  to  be  afflicted  with  seventy-two  millions 
surplus?  Let  us  see.  Let  us  take  one  single  bnin 
of  the  general  system  of  defence,  and  see  how 
stands,  and  what  it  would  cost  to  put  it  in  ! 
condition  which  the  safety  and  the  honor  of  t 
country  demanded.  He  spoke  of  the  fortiticatioi 
and  selected  that  branch,  because  he  had  (l;itii 
go  upon ;  data  to  which  the  senator  from  Scji 
Carolina,  the  author  of  this  report,  could 
object. 

••  The  design  (said  Mr.  B.)  of  fortifviii!; 
coasts  of  the  United  States  is  as  old  i\s  the  I  ni 
itself.     Our  documents  are  full  of  exccutivi' 
commendation.s,  depaitnieiital  reports,  and 
ports  of  committees  upon  this  sul.j  -.ft,  all  in;;i 
this  great  object  upon  the  attention  of  Cunjrri 
From  1789,  through  every  succiediiig  iulniiii 
tration,  the  subject  was  presented  to  Conj;ri 
but  it  was  only  after  the  late  war,  and  wlion  i 
evils  of  a  defenceless  coast  were  fresh  bcfoiv 
eyes  of  the  people,  that  the  subject  was  jms 
ed  in  the  most  imiufssive,  jiersevering,  and  : 
tematic  form.     An  engineer  of  the  iirst  i;i 
^General  Bernard)  was  taken  into  our  suv 
from  the  school  of  the  great  Nai)oleoii.    A  r 
lution  of  the  House  of  Representatives  calk' 
the  War  Department  for  a  plan  of  defeinr,  ii 
a  designation  of  forts  adequate  to  the  projirti 
of  the  country ;  and  upon  this  call  exaniinaiii 
were  made,  estimates  framed,  and  forts  i)}()jir! 
for  the  whole  maritime  coast  from  Savannah 
Boston.     The  result  was  tiie  pre.-entatini', 
1821,  of  a  plan  for  ninety  forts  iq  on  that 
of  the  coast ;  niiiiicly,  twenty-four  of  the 
class ;  twenty-three  of  "Jie  second ;  and  furl 


ANNO  1835,    ANDREW  JACKSON,  PRESIDENT. 


565 


navy-yards;  thinly  dotted  along 
istandlumllysccnatallontho 
r  he  whole  South,  and  the  grca 
Lsly  demand  naval  protcctmn! 
urc;  such  the  state  of  our  conn- 
ate at  this  time,  when  even  the 
int  should  sec  something  to  make 

•ence!  Such  is  the  state  of  our 
nth  which,  oh '.strange  and  Nvon- 
ction!  the  administration  IS  now 
iled,  flouted,  and  taunted,  by  tliu>e 
tribution,  and  turn  their  backs  on 
vho  complain  of  the  President  for 
his  condition,  when  five  years  ajio 
<'>9  he  recommended  the  aniuwl 

000  for  arming  the  forlihcuUous 
^css  refused  to  give),  and  who  now 

the  money  out  of  the  treasury.  U. 
longthepeople;  instead  of  tu, nn;- 
'Lt  object  of  the  gx'nera. and  p«- 
we  of  the  Upi<m,  for  wh.cli  they 
citous,  so  clamorous,  so  feeliusrly 
'riotically  sensitive,  even  one  short 

1  the  present  state  of  the  country 
)  call  for  defence?  and  is  not  thi^ 
is  time  for  putting  itmdeon.e 

that  object  absorb  every  dollar  0' 

tlat  can  be  found  in  the  tvousury 
•htyearrof  plenty,  during  whKh  we 
J  cted  with  seventy-two  millions,, 

t  us  see  Let  us  take  one  single  br^i-cb 

iuy'tem  of  defence,  and  see  ho^^^^^ 
whatitwouldcosttoputitin  le 

Ich  the  safety  and  the  honor  of  tlK. 

^de^.  HesAeofthei^>rt,hc.a  .0,^ 
that  branch,  because  he  had  (l.t.i 
vta  to  which  the  senator  from  ^om 
^author  of  this  report,  could  not 

Lien  (said  Mr.  B.)  of  fortifyinj;  ll>^ 
XntedStatesisasoldasthelmnn 

fdocuments  are  full  of  execu  rve  r. 

ions  departmental  reports  in.l  a- 
tttee 'upon  this  ^"1.  ^^^t  f  "^^  ^ 

>biect  upon  the  attention  ol  Unv^u». 

^To^r  every  -eoced^ng  a  n.n.- 
subject  was  pit^sented  to  Loi^., 

)„ly  after  the  late  war,amUMoi>  ^ 
Seless  coast  were  fVesh  before  J. 

people,  that  the  subject  wa^  vu>u., 
L  impressive,  ^erseverlno^  aiul  .w 
in      An  engineer  of  the  lii^t  mk 
'nJ^  wa;^  taken  into  our  sen,. 
|;hoolofthegreat>apocou     A    ■ 
L  House  of  Representativ  s  c  W 
V^D'irtment  for  a  plan  of  defenee,  ,,ii,l 
KEs  adeqimte  to  the  prj;    | 
Itrv  •  and  upon  this  call  eNamm.iu  n 
pr^sKmedandlbg.,.;;-; 
^lc  maritime  coas   iron.  Saw.  >> 

The  result  was  the  I're-e"t-  ,  ', 
plan  fV.r  ninety  H-rts  mo..  ^^    « 
bf  namely,  tweiity-toui   of  tU^  ^^  ^ 
fntV-tlu^e^of  -he  second;  arid  (o.tv 


three  of  the  third.    Under  the  administration 
of  Mr.  Monroe,  and  the  urpent  recommendations 
of  the  then  head  of  the  War  Department  (Mr. 
Calhoun),  the   construction  of  these  forts  was 
commenced,  and  pushed  with  spirit  and  activity  ; 
hut,  owing  to  circumstances  not  necessary  now 
tr  lie  detailed,  the  object  declined  in  the  public 
fivor.  lost  a  part  of  its  popularity,  perhaps  just- 
Iv  and  lias  since  proceeded  so  slowly  that,  at  the 
end  of  twenty  years  from  the  late  war,  no  more 
than  thirteen  of  these  forts  have  been  construct- 
ed ;  namely,  eight  of  the  first  class,  three  of  the 
second,  and  two  of  the  third  ;  and  of  these  thir- 
teen constructed,  none  are  armed  ;  almost  all  of 
them  arc  without  guns  or  carriages,  and  more 
ready  for  the  oecujiation  of  an  enemy  than  for 
the  defence  of  ourselves.     This  is  the  state  of 
fortifications  on  the  maritime  coast,  exclusive  of 
the  New  England  coast  to  the  north  of  Boston, 
exclusive  of  Cape  Cod,  south  of  Boston,  and  ex- 
clusive of  the  Atlantic  coast  of  Florida.    The 
lake  frontier  is  untouched.    The  gulf  frontier, 
almost  two  thousand  miles  in  length,  barely  is 
dotted  with  a  few  forts  in  the  neighborhood  of 
Pensacola,  New  Orleans,  and  Mobile;  all  the 
rest  of  the  coast  may  bo  set  down  as  naked  and 
defenceless.     This  was  our  condition.     Now,  Mr. 
B.  did  not  venture  to  give  an  opinion  that  the 
whole  plan  of  fortifications  developed  in  the  re- 
ports of  1821  should  be  carried  into  effect ;  but 
he  would  say,  and  that  most  confidently,  that 
much  of  it  ought  to  be ;  and  it  would  be  the 
business  of  Congress  to  decide  on  each  fort  in 
making  a  specific  appropriation  for  it.    He  would 
also  say  that  many  forts  would  be  found  to  be 
necessary  which  were  not  embraced  in  that  plan ; 
for  it  did  not  touch  the  lake  coast,  and  the  gulf 
coast,  nor  the  New  England  coast,  north  of  Bos- 
ton, nor  any  point  of  the  land  frontier.     With- 
out going  into  the  question  at  all,  of  how  many 
were  necessary,  or  where  they  should  be  placed, 
it  was  sufficient  to  show  that  there  were  enough 
wanting,  beyond  dispute,  to  constitute  an  object 
of  utility,  worthy  of  the  national  expenditure; 
and  sufficient  to  absorb,  not  nine  millions  of  an- 
nual surplus,  to  be  sure,  but  about  as  many  mil- 
lions of  suiplus  as  would  ever  be  found,  and  the 
bank  stock  into  the  bargain.   The  thirteen  forts 
constructed  had  cost  twelve  millions  one  hun- 
dred and  thirteen  thousand  dollars;  near  one 
million  of  dollars  each.     But  this  was  for  con- 
struction only ;  the  armament  was  still  lo  fol- 
low; and  for  this  object  two  millions  were  es- 
timated in  1821  for  the  ninety  forts  then  recom- 
mended ;  and  of  that  two  millions  it  may  be 
assumed  that  but  little  has  been  granted  by 
Congress.    So  much  for  fortifications ;  in  itself 
a  single  branch  of  defence,  and  sufficient  to 
absorb  many  millions.    But  there  were  many 
otlier  branches  of  defence  w^hich,  Mr.  B.  said, 
he  would  barely  enumerate.   There  was  the  navy, 
including  its  gradual   increase,  its  dock-yards, 
its  navy-yards  ;  then  the  armories  and  arsenals, 
which  were  so  much  wanted  in  the  South  and 
West,  and  especially  in  the  South,  for  a  reason 


(besides  those  which  apply  to  foreign  enemies) 
which  need  not  be  named  ;  then  the  suj)])!}'  of 
arms  to  the  States,  especially  field  artillery, 
swords,  and  pistols,  for  which  an  annual  but  in- 
adequate appropriation  had  been  made  for  so 
long  a  time  that  he  believed  the  States  h'ld  al- 
most forgot  the  subject.  Here  are  objects  enough, 
Mr.  President,  exclaimed  Mr.  B.,  to  absorb  every 
dollar  of  our  surplus,  and  the  bank  stock  besides. 
The  surpluses,  he  was  certain,  would  be  wholly 
insuflicient,  and  the  bank  stock,  by  a  sokinn 
resolution  of  the  two  Houses  of  Congress,  should 
be  devoted  to  the  object.  As  a  fund  was  set 
apart,  and  held  sacred  and  inviolable,  for  the 
payment  of  the  public  debt  so ;  should  a  fund  be 
now  created  for  national  defence,  and  this  bank 
stock  should  be  the  first  and  most  sacred  item 
put  into  it.  It  is  the  only  way  to  save  that  stock 
from  becoming  the  prey  of  incessant  contriv- 
ances to  draw  money  from  the  treasury.  Mr, 
B.  said  that  he  intended  to  submit  resolutions, 
requesting  the  President  to  cause  to  be  com- 
municated to  the  next  Congress  full  information 
upon  all  the  points  that  he  had  touclied ;  the 
probable  revenue  and  expenditure  for  the  next 
eight  years;  the  plan  and  expense  of  fortifying 
the  coast ;  the  navy,  and  every  other  point  con- 
nected with  the  general  and  permanent  defence 
of  the  Union,  with  a  view  to  let  Congress  take  it 
up,  upon  system,  and  with  a  design  to  complete 
it  without  further  delay.  And  he  demanded, 
why  hurry  on  this  amendment  before  that  infor- 
mation can  come  in  ? 

''  Now  is  the  auspicious  moment,  said  Mr.  B., 
for  the  republic  to  rouse  from  the  apathy  into 
which  it  has  lately  sunk  on  the  subject  of  na- 
tional defence.  The  public  debt  is  paid  ;  a  sum 
of  six  or  seven  millions  will  come  from  the  bank ; 
some  surpluses  may  occur ;  let  the  national  de- 
fence become  the  next  great  object  after  the 
payment  of  the  debt,  and  all  spare  money  go  to 
that  purpose.  If  further  stimulus  were  wanted, 
it  might  be  found  in  the  present  aspect  of  our 
foreign  affairs,  and  in  the  reproaches,  the  taunts, 
and  in  the  offensive  insinuations  which  certain 
gentlemen  have  been  indulging  in  for  two 
months  with  respect  to  the  defenceless  state  of 
the  coast ;  and  which  they  attribute  to  the  neg- 
ligence of  the  administration.  Certainly  such 
gentlemen  will  not  take  that  money  for  distri- 
bution, for  the  immediate  application  of  which 
their  defenceless  country  is  now  crying  aloud, 
and  stretching  forth  her  imploring  hands. 

"  Mr.  B.  would  here  avail  himself  of  a  voice 
more  potential  than  his  own  to  enforce  attention 
to  the  great  object  of  national  defence,  the  re- 
vival of  which  he  w^as  now  attempting.  It  was 
a  voice  which  the  senator  from  South  Carolina, 
the  author  of  this  proposition  to  squander  in  dis- 
tributions the  funds  which  should  be  sacred  to 
defence,  would  instantly  recognize.  It  was  an 
extract  from  a  message  communicated  to  Con- 
gress, December  3,  1822,  by  President  Monroe, 
Whether  considered  under  the  relation  of  simi- 
larity which  it  bears  to  the  language  and  scnti* 


566 


THIRTY  YEARS'  VIEW. 


-I  ;i  ;'! 


t: 


J  J  «  '     ^         M 


• ...  1  !.m!  .    ■ 


'm 


mcnfs  of  cotcmjioranpous  reports  from  the  then 
head  of  the  War  Pepartnient ;  the  pofiitinn 
whicli  tlu!  writer  of  those  reports  then  held  in 
relation  to  President  Monroe  ;  the  nght  which 
he  posse>;Rod,  as  Seeretiiry  of  War,  to  know,  at 
least,  what  was  pnt  into  the  mcssai^e  in  relation 
to  measures  connected  with  his  department; 
considered  under  any  and  all  of  those  aspects, 
the  extracts  which  he  was  ahoiit  to  read  might 
be  considered  as  expressing  the  sentiments,  if 
not  speaking  the  words,  of  the  gentleman  who 
now  sees  no  object  of  utility  in  providing  for 
the  defence  of  his  country ;  and  who  then  plead 
the  cause  of  that  defence  with  so  nnich  truth 
and  energy,  and  with  such  commendable  excess 
of  patriotic  zeal. 

"  Mr.  IJ.  then  read  as  follows  : 

" '  Should  war  break  out  in  any  of  those  coun- 
tries (the  Europt^an),  who  can  foretell  the  ex- 
tent to  which  it  may  bo  carried,  or  the  desola- 
tion which  may  spread  ?  Exempt  as  we  are  from 
these  causes  (of  European  civil  wars),  our  in- 
ternal tranquillity  is  secure ;  and  distant  as  we 
are  from  the  troubled  scene,  and  faithful  to  just 
principles  in  i-egai'd  to  other  powers,  we  might 
reasonably  presume  that  we  should  not  be  mo- 
lested by  them.  This,  however,  ought  ii  t  to 
be  calculated  on  as  certain.  Unprovoked  inju- 
ries are  often  inflicted,  and  even  the  peculiar 
felicity  of  our  situation  might,  with  some,  be  a 
cause  of  excitement  and  aggression.  The  his- 
tory of  the  late  wars  in  Europe  furnishes  a  com- 
plete demonstration  that  no  system  of  conduct, 
liowever  correct  in  principle,  can  protect  neutral 
jiowers  from  injur}'  from  any  party ;  that  a  de- 
fenceless position  and  distinguished  love  of  peace 
are  the  surest  invitations  to  war ;  and  that  there 
is  no  way  to  avoid  it,  other  than  by  lieing  al- 
ways prepared,  and  willing,  for  just  cause,  to 
meet  it.  If  there  be  a  people  on  earth,  whose 
more  especial  duty  it  is  to  be  at  all  times  pre- 
pared to  defend  the  rights  with  which  they  are 
blessed,  and  to  surpass  all  others  in  sustaining 
the  necessary  burdens,  and  in  submitting  to  sac- 
rifices to  make  such  preparations,  it  is  undoubt- 
edlj'  the  people  of  these  States.' 

'•  Mr.  B.  having  read  thus  far,  stopped  to  make 
a  remark,  and  but  a  remark,  upon  a,  single  sen- 
timent in  it.  He  would  not  weaken  the  force 
and  energy  of  the  whole  passage  by  going  over 
it  in  detail ;  but  he  invoked  attention  upon  the 
last  sentiment — our  peculiar  dut)"^,  so  strongly 
painted,  to  sustain  burdens,  and  submit  to  sac- 
rifices, to  accomplish  the  noble  object  of  putting 
our  country  into  an  attitude  of  defence  !  The 
ease  with  which  we  can  prepare  for  the  same  de- 
fence now,  by  the  facile  operation  of  applying  to 
that  purpose  surpluses  of  revenue  and  bank 
stock,  for  which  we  lu  ve  no  other  use,  was  the 
point  on  which  he  would  invoke  and  arrest  the 
Senate's  attention. 

"  Mr.  B.  resumed  his  reading,  and  read  the 
next  paragraph,  which  enumerated  all  the  causes 
which  might  lead  to  general  war  in  Europe,  and 
our  inTolvemcnt  in  it,  and  concluded  with  the 


declaration  'That  the  reasons  for  pushing  fi 
ward  all  our  measures  of  defence,  with  the  \ 
most  vigor,  appear  to  me  to  acfpiire  new  fore 
And  then  added,  these  causes  for  EurojK'un  \v 
are  now  in  as  great  force  as  then;  the  dnn^ 
of  our  involvement  is  more  ajiparent  now  th; 
then  ;  the  reasons  for  sensibility  to  our  nation 
honor  are  nearer  now  than  then  ;  and  upon  j 
the  principles  of  the  passage  from  which  lie  w 
reading,  the  reasons  for  pushing  forward  all  o 
measures  of  defence  with  the  utmost  vigor,  jw 
sessed  far  more  force  in  this  present  year  l8il 
than  they  did  in  the  year  1822. 

"  Mr.  B.  continued  to  read  : 

" '  The  United  States  owe  to  the  world 
great  example,  and  by  means  thereof,  to  tl 
cause  of  liberty  and  humanity  a  generous  su 
port.  They  have  so  far  succeeded  to  the  8;iti 
faction  of  the  virtuous  and  enliglitened  of  evn 
country.  There  is  no  reason  to  doubt  that  tlii' 
whole  movement  will  be  regulated  by  u  sacn 
regard  to  principle,  all  our  institutions  lnii 
founded  on  that  basis.  The  ubilit}'  to  sup|io 
our  own  cause,  under  any  trial  to  which  it  iiw 
be  exposed,  is  the  great  point  on  which  tl 
public  solicitude  rests.  It  has  often  been  cliarjti 
against  free  governments,  that  they  have  ni' 
ther  the  foresight  nor  the  virtue  to  proviik  i 
the  proper  season  for  great  emergencies  ;  tlii 
their  course  is  improvident  and  expensive  ;  tliii 
war  will  always  find  them  unprepared ;  iiiu 
whatever  may  be  its  calamities,  that  its  lerriljl 
warnings  will  be  disregarded  and  forgottoii  ii 
soon  as  peace  returns.  I  have  full  c(»nli(!em 
that  this  charge,  so  far  as  it  relates  to  the  Uiiiti' 
States,  will  be  shown  to  be  utterly  destitute  o 
truth.' 

"  Mr.  B.,  as  he  closed  the  book,  said,  ho  woul 
make  a  few  remarks  upon  some  of  tlio  points  i 
this  passage,  which  he  had  last  read — iho  it 
proach  so  often  charged  upon  free  goverinncii 
for  want  of  foresight  and  virtue,  their  ini|iri 
dence  and  expensiveness,  their  pronciitss 
disregard  and  forget  in  peace  the  warning  li'.ssf 
of  the  most  terrible  calamities  of  war.    Ami 
would  take  the  liberty  to  suggest  thiit,  of 
the  mortal  beings  now  alive  upon  this  e;ii' 
the  author  of  the  report  imder  discussion  onj; 
to  be  the  last  to  disregard  and  to  forjict 
solemn  and  impressive  admonition  which 
passage  conveyed  !  the  last  to  so  act  as  to 
ject  his  government  to  the  mortif)  nig  char 
which  has  been  so  often  cast  upon  tluni !  tl 
last  to  subject  the  virtue  of  the  people  ti>  tl 
humiliating  trial  of  deciding  between  the  d 
fence  and  the  plunder  of  their  country  ! 

"  Mr.  B.  dwelt  a  moment  on  anotlier  point 
the  passage  which  he  had  read — the  great 
ample  which  this  republic  owed  to  tiie  wor 
and  to  the  cause  of  free  governments,  to  pri 
itself  capable  of  supporting  its  cause  mm 
every  trial ;  and  that  by  providing  in  pcaco 
the  dangers  of  war.  It  was  a  striking  point 
the  pas.sage,  and  presented  a  grand  and  \My 
phic  conception  to  the  reflecting  mind.   T 


tl 


ANNO  1835.    ANDUraV  JACKSON,  PIUvSIDKNT. 


567 


at  the  reasons  for  pushu.}.'  for- 
casures  of  «lcf»'nce,  with  the  ut- 
.ar  to  me  to  ac<miro  new  force. 

I  these  ciuiseB  for  lMiroi>i'an  war 
crcat  force  as  then;  the  (li.n^ier 
lent  18  more  apparent  now  tlmn 
,ns  for  sensibility  to  oiirnatiouii 
T  now  than  then ;  an.l  tii.on  all 
f  the  passa-e  from  which  he  was 
isona  for  pushing  forward  all  our 
Pence  with  the  utmost  vi};or  ps- 
c  force  in  this  present  year  l»oj, 
m  the  year  1822. 
tinned  to  read : 
ed  States  owe   to  the  world  a 

and  by  means  thereot,  to  t\w 
V  and  humanity  a  generous  suii- 
,avc  80  far  succeeded  to  the  »:itis- 
virtnous  and  enlightened  of  0^17 
^  is  no  reason  to  <loubt  that  tkir 
ent  will  V)c  regulate<l  by  a  siui;.a 
nciple,  all  onr  institutions  1,.,,.^ 
,at  basis.     The  ability  to  support 
Cnnderanytrial  to  which,   im.y 
is  the  giv>at  point  on  which  ll.c 
,de  rests.  It  has  often  been  cliai-i;! 
governments,  that  they  have  nc- 
^ight  nor  the  virtue  to  provuk  11 
;a8onforK.x^ateniergenc.cB;   b 
is  improvident  and  expen»ue  ,  tlut 
,vays  find  them  unprepared ;  anj, 
y  be  its  calamities,  that  Its  U-inWe 

II  be  disregarded  and  forgotUn  us 
t  returns.  I  have  full  eon  .ae.ic 
.vgc,sofarasitrelatestotheL.ut. 
i  shown  to  be  utterly  destitute  of 

^^  he  closed  the  book,  said,  he  woul.l 
Remarks  upon  some  of  the  points  m 
which  he  had  last  read-then- 

•ten  charged  upon  free  governincnt» 
foresight  and  virtue,  their  iiuvn^v,- 

expensiveiicss,  their  pionciios  t« 
dfSrgct  in  pea^  the  warning  lessons 

tSrfblc  calamities  of  wan    A^^^^^ 
the  liberty  to  suggest  tl .  t,  ot  all 
beings  now  alive  upon  this  c.vt 
jlhe  report  under  discussion  on  J 

ast  to  disrcganl  and  to  foiiif    '^ 
Tmrre««ive\dmonition  which    . 

veved!  the  last  to  so  act  as  to  .ub 

Smcnt  to  the  "-rtifying  cha, 

jcen  so  often  cast  upon  then  . 
ct  the  virtue  of  the  people  tot 

.  trial  of  deciding  between  iht  Je 
lie  Blunder  of  their  country  . 
iwSt  a  moment  on  another  pcmitn 

which  he  had  read— the  gveat  ev 
blthTs  republic  owed  to  the  .orh 


example  to  be  shown  to  the  world,  and  the 
duty  of  this  republic  to  exhibit  it,  was  an  ele- 
vated and  patriotic  conception,  and  worthy  of 
the  genius  which  then  presided  over  the  War 
Uupartment.     But  what  is  the  example  which 
wc  ur^;  now  required  to  exhibit?     It  is  that  of 
a  people  preferring  the  Bjjoils  of  their  country 
to  its  det'oncc  I     It  is  that  of  the  electioneerer, 
going  from  city  to  city,  from  house  to  house, 
even  to  the  uninformed  tenant  of  the  distant 
hauilet,  who  has  no  means  of  detecting  the  fal- 
lasies  which  are  brought  from  afar  to  deceive 
Ills  understanding:  it  is  the  example  of  tliis 
electioneerer,  with  slate  and  jicncil  in  his  liand 
(ami  here  Mr.  B.  took  up  an  old  book  cover, 
and  a  pencil,  and  stooped  over  it  to  make  figures, 
as  if  working  out  a  little  sum  in  arithmetic), 
it  is  the  example  of  this  electioneerer,  offering 
foi-  distribution  that  money  which  should  be 
sacrt'd  to  the  defence  of  his  country  ;  and  point- 
iii"  out   for  overthrow,   at   the  next  election, 
every  candidate  for  office  who  should  be  found 
in  opposition  to  this  wretched  and  deceptive 
sclicMie  of  distribution.     This  is  the  example 
which  it  is  proposed  that  we  should  now  exhi- 
bit.   And  little  did  it  enter  into  his  (Mr.  B.'s) 
imagination,  about  the  time  that  message  was 
written,  that  it  should  fall  to  his  lot  to  plead 
for  the  defence  of  his  country  against  the  au- 
thor of  this  report.      lie  admired  the  grandeur 
of  co'.ic'ption  which  the  reports  of   the  war 
oilice  th''n  disi)layed.     lie  said  he  differed  from 
tlie  party  with  whom  he  then  acted,  in  giving  a 
general,  though  not  a  universal,  support  to  the 
Sccvetary  of  War.     He  looked  to  him  as  one 
wlio  when  mellowed  by  age  and  chastened  by 
expi'iieiici',  might  be  among  the  most  admired 
I'lcsidents  that  ever  filled  the  presidential  chair. 
[Mr.  B..  by  a  lapmis  liitffua;,  said  throne,  hut 
corrected  the  expression  on  its  echo  from  the 
galleries.] 

'•  Mr.  B.  said  there  was  an  example  which  it 
was  worthy  to  imitate :  that  of  France ;  her 
coast  defended  by  forts  and  batteries,  behind 
which  the  rich  city  reposed  in  safety — the  tran- 
quil peasant  cultivated  his  vine  in  security — 
wliile  the  proud  navy  of  England  sailed  in- 
noxious before  them,  a  spectacle  of  amusement, 
not  an  object  of  terror.  And  there  was  an  ex- 
ample to  be  avoided:  the  case  of  our  own 
Anitrica  during  the  late  war;  when  the  approach 
of  a  British  squadron,  upon  any  point  of  our 
extended  coast,  was  the  signal  for  flight,  for 
terror,  for  consternation ;  when  the  hearts  of 
the  brave  and  the  almost  naked  hands  of  heroes 
were  the  sole  reliance  for  defence  ;  and  where 
those  hearts  and  those  hands  could  not  come, 
tlie  sacied  soil  of  our  country  was  invaded ; 
the  ruflian  soldier  and  the  rude  sailor  became 
the  insolent  masters  of  our  citizens'  houses; 
tlieir  footsteps  marked  by  the  desolation  of 
fii'lds  the  conflagration  of  cities,  the  flight  of 


virgins,  the  violation  of  matrons!  the  blood  of 
fathers,  htisbiinds,  sons !  This  is  the  example 
which  we  should  avoid  ! 

■'  But  the  amendment  is  to  be  temporary  :  it 
is  only  to  last  until  1842.  What  an  idea ! — a 
temporary  alteration  in  a  constitution  made  for 
endless  ages  !  But  let  no  one  think  it  will  be 
temporary,  if  once  adopted.  No !  if  the  people 
once  come  to  taste  that  blood ;  if  tliey  once 
bring  tluniselves  to  the  acceptance  of  money 
from  the  treasury  they  are  gone  forever.  They 
will  take  that  money  in  all  time  to  come ;  and 
he  that  promises  most,  receives  most  votes. 
Tlie  corruptiim  of  the  Romans,  the  debauchment 
of  the  voters,  tlie  venality  of  elections,  com- 
menced with  the  Tribunitial  distribution  of  corn 
out  of  the  public  granaries  ;  it  advanced  to  the 
distribution  of  the  spoils  of  foreign  nations, 
brought  home  to  Rome  by  victorious  generals 
and  divided  out  among  the  people  ;  it  ended  in 
bringing  the  spoils  of  the  country  into  the  can- 
vass for  the  consulship,  and  in  putting  up  the 
diadem  of  empire  itself  to  be  knocked  down  to 
the  hammer  of  the  auctioneer.  In  our  America 
there  can  be  no  spoils  of  conquered  nations  to 
distribute.  Her  own  treasury — her  own  lands 
— can  alone  furnish  the  fund.  Begin  at  once, 
no  matter  how,  or  upon  what — surplus  revenue, 
the  proceeds  of  the  lands,  or  the  lands  them- 
selves— no  matter ;  the  progress  and  the  issue 
of  the  whole  game  is  as  inevitable  as  it  is  obvi- 
ous. Candidates  bid,  the  voters  listen ;  and  a 
plundered  and  pillaged  country  -  the  eniptj' skin 
of  an  immolated  victim — is  the  prize  and  the 
spoil  of  the  last  and  the  highest  bidder." 

The  proposition  to  amend  the  constitution  to 
admit  of  this  distribution  was  never  brought  to 
a  vote.  In  fact  it  was  never  mentioned  again 
after  the  day  of  the  above  discussion.  It  seemed 
to  have  support  from  no  source  but  that  of  its 
origin  ;  and  very  soon  events  came  to  scatter  the 
basis  on  which  the  whole  stress  and  conclusion 
of  the  report  lay.  Instead  of  a  surplus  of  nine 
millions  to  cover  the  period  of  two  presidential 
elections,  there  was  a  deficit  in  the  treasury  in 
the  period  of  the  first  one ;  and  the  government 
reduced  to  the  humiliating  resorts  to  obtain 
money  to  keep  itself  in  motion — mendicant  ex- 
peditions to  Europe  to  borrow  money,  returning 
without  it — and  paper  money  struck  under  the 
name  of  treasury  notes.  But  this  attempt  to 
amend  the  constitution  to  permit  a  distribution, 
becomes  a  material  point  in  the  history  of  the 
working  cf  our  government,  seeing  that  a  dis- 
tribution afterwards  took  place  without  the 
amendment  to  permit  it. 


I'll 


tn, 


t'f' 


t 


I     .        M: 


fftl-f 


568 


THIRTY  YKAUS'  VIEW. 


Bedford    Brown,  Willie 


CIIAPTEll    CXXIX. 

COMMENCEMENT  OK  TWENTY-FOUUTII  CONGRESS 
— riJESIUENT'S  MESSAGE. 

Th  e  following  was  the  list  of  the  members  : 
8  E  N  A  T  O  U  S : 

Maine — Ether  Shepley,  John  Rupgles, 

New  Hampshire — Isatic  Hill.  Henry  Hubbard. 

Massachusetts — Daniel  Webster,  John  Davis. 

Rhode  Island — Nehemiah  K.  Knight,  Asher 
Robbins. 

Connecticut — Gideon  Tontlinson,  Nathan 
Smith. 

Vermont — Samuel  Prentiss.  Benjamin  Swift. 

New-York — Nathaniel  P.  Tallmadgc,  Silas 
Wright,  jun. 

New  Jersey — Samuel  L.  Southard,  Garret 
D.  Wall. 

Pennsylvania —  James  Buchanan,  Samuel 
McKeun. 

Delaware — John  M.  Clayton,  Arnold  Nau- 
dain. 

Maryland — Robert  H.  Goldsborough,  Jos. 
Kent. 

Virginia — Benjamin  Watkins  Leigh,  John 
Tyler. 

North  Carolina 
P.  Mangum. 

South  Carolina — J.  C.  Calhoun,  William 
C.  I'reston. 

Georuia — Alfred  Cuthbcrt,  John  P.  King. 

Kentucky — Henry  Clay,  John  J.Crittenden. 

Tennessee — Felix  Grundy,  Hugh  L.  White. 

Ohio — Thomas  Ewing,  Thomas  Morris. 

I^uisiA'A — Alexander  Porter,  Robert  C.  Ni- 
cholas. 

Indiana — Wm.  Hendricks,  John  Tipton. 

Mississippi — John  Black,  Robert  J.  Walker. 

Illinois — Elias  K.  Kane,  John  M.  Robinson. 

Alabama — AVm.  R.  King,  Gabriel  P.  Moore. 

Missouri — Lewis  F.  Linn,  Thomas  H.  Benton. 

REPRESENTATIVES: 

Maine — Jeremiah  Bailey,  George  Evans,  John 
Fairfield,  Joseph  Hall,  Leonard  Jarvis,  Moses 
Mason,  Gorham  Parks,  Francis  O.  J.  Smith — 8. 

New  Hampshire — Bcuning  M.  Boan,  Robert 
Bums,  Samuel  Cushman,  Franklin  Pierce,  Jos. 
Weeks — 5. 

Massachusetts — John  Quincy  Adams,  Na- 
thaniel B.  Borden,  George  N .  Briggs,  William 
B.  Calhoun,  Caleb  Cushing,  George  Grennell, 
jr.,  Samuel  Hoar,  William  Jackson,  Abbot  Law- 
rence, Levi  Lincoln,  Stephen  C.  Phillips,  John 
Reed— 12. 

Rhode  Island — Dutee  J.  Pcarce,  W.  Sprague 
—2. 

Connecticut — Elisba  Haley,  Samuel  Ingham, 
Andrew  T.  Judson,  Lancelot  Phelps,  Isaac  Tou- 
cey,  Zalmon  Wildman — 0. 


Vermont — Hi'man  Allen,  n<rice  iivcnt 
Hiliind  Hall,  Henry  F.  Janes,  William  Situ 
— 5. 

Nr.w-YoRK — Samuel  Barton,  Siinil.TU'firdsJc 
Abnihatn  Bockce,  Matthias  J.  I'ovee  Jdhn  M 
Brown,  C.  C.  Cambrekng,  Grahnin  [|.  Chapi: 
Timothy  Childs,  John  Cramer,  Tlys.'-es  F.  Doi 
bleday,  Valentine  Efncr,  Dudley  Farlin,  Phil 
C.  Fuller,  William  K.  Fuller,  Ran.srmi  II.  Gilk. 
Francis  Granger,  Gideon  Hard,  Abner  Ilazo 
thic,  Hiram  P.  Hunt,  Abel  HuntiniTton,  (Jcrr 
Y.  Lansing,  George  W.  Lay,  Gideon  Lc-c,  Jo>lni 
Lee,  Stephen  B.  Leonard,  Thomas  C.  love,  Alj 
jah  Mann,  jr.,  William  Mason,  Jolm  McKioi 
Ely  Moore,  Sherman  Page,  Joseph  Riyiiolil 
David  Kusst'Il,  William  Seymour,  Nicholas  Sicl 
les,  William  Taylor,  Joel  Turrill,  A;iron  Vandei 
pool,  Aaron  Ward,  Daniel  AVardwell — 40. 

New  Jersey — Philemon  Dickrrson,  Sanuii 
Fowler,  Thomas  Lee,  James  Parker,  Feidinan 
S.  Schenck,  William  N.  Shinn — 0. 

Pennsylvania. — Joseph  B.  Anthony,  Jli 
chael  W.  Ash,  John  Banks,  Andrew  Beanmon 
Andrew  Buchanan,  George  Chambers.  Williat 
P.  Clark,  Edward  Darlington,  Jlaiinar  Dennj 
Jacob  Fry.  jr.,  John  Galbraith,  Jaini's  Ilarpti 
Samuel  S.  Harrison,  .Joseph  Henderson.  Wiliiai 
Hiester,  Edward  B.  Ilnbley,  Jo.«eph  l\.  Ingcrsoj 
•John  Kiiiigensmith,  jr.,  John  Laporte,  Ilenr 
Logan,  Job  Mann,  Thomas  M.  T.  McKennai 
Jesse  Miller,  Matthias  Morris,  Henry  A.  Miili 
lenberir.  David  Potts,  jr.,  Joel  B.  Sutlierlaiu; 
DavidD.  Wagener.— 28. 

Delaware. — John  J.  Milligan. — L 

Maryland.  —  Benjamin  C.  Howard.  Danic 
Jenifer,  Isaac  McKim,  James  A.  Peaice.  Jolin  > 
Steele.  Francis  Thomas,  James  Turner,  Geoii; 
C.  Washington.— 8. 

Virginia. — James  M.  H,  Beale,  Janus  'W 
Bouldin,  Nathaniel  II.  Claiborne,  WalUi"  Cdle 
Robert  Craig,  (Jeorge  C.  Dromgoolc,  .Janie 
Garlan;'.,  G.  W.  Hopkins.  Joseph  Johnson,  Ju 
W.  Jones,  Geornre  Loyall,  Edward  Lucas,  .fn 
Y.  Mason,  William  McComas,  Charles  F.  Mo 
cer,  William  S.  Morgan,  John  M.  Patlon,  .Joii 
Roano,  John  Robertson,  John  Taliaferro,  lleni' 
A.  Wise.— 21. 

North  Carolina. — Je.sse  A.  Bynum  Ilcnr 
W.  Connor,  Edmund  Deberry,  James  Giahai 
Micajah  T.  Hawkins,  James  J.  McKay.  Willia 
Jlontgomery,  Ebenezer  Pettigrew.  Abraliaii 
Rencher,  William  B.  Shepard,  Angu.^-tiiie  i 
Shepperd,  Jesse  Speight,  Lewis  Wiiliams.— I 

South    Carolina.  —  Robert    B.    Cumphe 
William  J.  Grayson,  John  K.  Griffin.  Janit 
II.  Hammond,  Richard  J.  Manning,  Francis  W 
Pickens,  Henry   L.  Pinckney,  James  Kogcri 
Waddy  Thompson,  jr. — 9. 

Georgia. — Jesse  F.  Cleveland,  John  CofTw 
Thomas  Glasscock,  Seaton  Gnmtland,  diaries  1 
Ilaynes,  Hopkins  Ilolsey,  Jabez  Jackson,  Gtoig 
W.  Owens,  George  W.  B.  Towns. — '.>. 

Alabama. — Reuben  Chapman,  Joab  Law 
ler,  Dixon  II.  Lewis,  Francis  S.  Lyon,  Josliu 
L.  Martin. — 5. 


ANNO  lens.    ANDREW  JACKSON,  PRI'S^IDENT. 


569 


.man   AUen,   ll.;r'<;i'   IlYtntt, 

^Samuel  Barton,  Satt^l.TUnnl.K 
.c^  Matthias  J.  I'.ovoo. I. 'hnAV. 
.mVreknp.  Gralunn    n.Cha,nn, 

John  Cramer  tMN^.csl-.  Don. 
,e  Efncr,  Dudley  f arlinPulo 
iim  K.  Fuller,  Hansom  U.  -illet, 
T  Gklc.m  Hard,  Abm-r  llazol- 
liunt.  Abel  HunfmiTloii  (,cmt 
,r}:c  W.Lay,  Gideon  1.c<>,  Jo^  uia 
.  Leonard,  Thomas  C.  >  oye  Ali- 

William  Mason,  Join  McKcon, 
lovman  Page,  Josc,.li  l^yH-W**, 
William  Seymour,  Nicholas  Sick- 
.vlor,  Joel  Turrill,  A^ron  \  ander- 
ard.  DanienVardwell-4(>. 
V— Philemon  Dickerson,  Sanuid 
^s  Lee,  James  Parker,  Ferdinand 
ihiam  N.  Shinn— 0. 
^.j;,  —Joseph   B.   Anthony,  Jli- 
"  John  Banks,  Andrew  lU-aumont, 
lanan,  George  Chambers.  >V  i  ham 
nird  Darlington,  Ilavmar  Dennj, 
.   John  GaU)raith,  Janv.'s  llavper, 
^'rison,  Joseph  llendei-son^Wilham 
,rd  B.  llubley.  Joseph  U.  Ing.v.oU, 
nsmith    jr.,  John  Lapoi-te,  Henry 
Mann  ''niomas  M.  T.  MoKennan, 

Matthias  Morris  Henry  A.  Muli- 
^id  Potts,  jr.,  Joel  B.  buVheilaml 

igener. — 28. 

"_JohnJ.Milligan.-l. 
-Benjamin  C.  Howard    Daniel 
McKim,  James  A.  Peaice,  John  N. 
s  Thomas,  James  luiner,  (..corte 

-ZL^  M.  H.  Beale^  Janu|S  j;. 

l^aniel  11.  Claiborne,  WulUi-  Colt>, 

\r,   (Je..rge   C.  Diomgo..le,  .lames 

^V.  Hopkins.  Joseph  Johnson,,  om 

e<,vge  L..yall,  Edward  Lucas,,  on 

ill  a.n  McComas,  Charles  I.  M  r- 

S  Morttan,  John  M.  P:itton,  -Urn 

Robertson,  John  Taliaferro,  Henry 

i^oLiNA.-Jesse  A.  Bymmv  Henry 
■^EiLmlDeben-y,  James  Ond^^^^^^ 
lawkins,  James  J.  McKay.  \\il  mm 
^    Ebenezer    Pettigrew.    Abralmm 
lliam   B.  Shepard,  Augu.tine     . 
sse  Speight,  Lewis  ^^  ul.ains.-lj. 
rroLiN A  -Robert    B.    Campbell 
Gm^^on,  John  K.Griffiiv  « 
,d,  llichai^i  J.  Manning.  l'nu.»J. 
Lry   L.  Pinckney,  James  Rogers, 

BCfrCkveland,  John  Coffee 
&.SeatonGrantiand,Chark.E^ 
tkinsHolsey.Jabez  Jackson,  George 

RJeorge  W.  B.  Towns.—'. 

-Reuben   Chapman    Joab  Uv 
[L  Lewis,  Francis  S.  Lyon,  Josbua 

•5. 


Mississippi. — David  Dickson,  J.  F.  IL  Clai- 
borne.—2. 

Louisiana. — Rico  Garland,  Henry  Johnson, 
Eleazcr  W.  Ripley.— 3. 

Tennessee, — John  Bell,  Samuel  Bunch,  Wil- 
liam  B.  Carter,  William  C.  Dunlap,  John  B. 
Forester,  Adam  Huntsman,  Cave  Johnson,  Luke 
Lea,  Abram  P.  Maury.  Balie  Peyton,  James  K. 
Polk,  K.  J.  Shields,  .James  Standefer. — 13. 

Kkntuckv.  —  Chilton  Allan,  Lynn  Boyd, 
John  Calhoun,  John  Chambers,  Richard  French, 
Wm.  J.  Graves,  Benjamin  Hardin,  .lames  Har- 
hui  Albert  G.  Hawcs,  Richard  M.  Johnson, 
Josrph  R.  Underwood,  John  White,  Shcrrod 
Williams,— 13. 

Missouiii. — Wm,  H.  Ashley,  Albert  G,  Har- 


rison 


o 


Illinois. — Zadok  Casey,  William  L,  May, 
John  Reynolds.— 3. 

Indiana. —  Ratliff  Boon,  John  Carr,  John 
W.  Davis,  Edward  A.  Ilannegan,  George  L,  Kiii- 
nard,  Amos  Lane,  Jonathan  McCarty. — 7. 

Ohio. — William  K.  Bond,  John  Chancy, 
Thomas  Corwin,  Joseph  H.  Crane,  Thomas  L. 
Ilamer,  Elias  Ilowell,  Benjamin  Jones,  William 
Kcnnon,  Daniel  Kilgoic,  Sampson  Mason,  Jere- 
miah McLene,  William  Patterson,  Jonathan 
Sloane,  David  Spangler,  Bellamy  Storer,  John 
Thompson,  Samuel  F.  Vinton,  Taylor  Webster 
Elisha  Whittlesey.— 19. 

DELK0ATE3, 

Arkansas  Territory. — Ambrose  H.  Sevier. 
Florida  Territory. — Joseph  M.  White. 
Michigan  Territory. — George  W.  Jones. 

Mr.  James  K.  Polk  of  Tennessee,  was  elected 
speaker  of  the  House,  and  by  a  large  majority 
over  the  late  speaker,  Mr.  John  Bell  of  the  same 
State.  The  vote  stood  one  hundred  and  thirty- 
two  to  eighty-four,  and  was  considered  a  test 
of  the  administration  strength,  Mr.  Polk  being 
supported  by  that  party,  and  Mr.  Bell  having 
become  identified  with  those  who,  in  siding  with 
Mr.  Hugh  L.  White  as  a  candidate  for  the  pre- 
siJency,  were  considered  as  having  divided  from 
the  d'-mocratic  party.  Among  the  eminent 
names  niis.'^^ed  from  the  list  of  the  House  of  Rep- 
resentatives, were :  Mr,  Wayne  of  Georgia,  ap- 
pointed to  the  bench  of  the  Supreme  Court  of 
the  United  States  ;  and  Mr.  Edward  Everett  of 
Massachusetts,  who  declined  a  re-election. 

The  state  of  our  relations  with  France,  in  the 
continued  non-payment  of  the  stipulated  indem- 
nity, was  the  prominent  feature  in  the  Presi- 
dent's message ;  and  the  subject  itself  becoming 
more  serious  m  the  apparent  indisposition  in 
Congress  to  sustain  his  views,  manifested  in  the 
los3  of  the  fortification  bill,  through  the  dis- 


agreement of  the  two  Houses.  The  obligation 
to  pay  was  admitted,  and  the  money  evun  voted 
for  that  purpose  ;  but  oH'ence  Vv  as  taken  at  the 
President's  message,  and  payment  refused  until 
an  apology  should  be  made.  The  President  had 
already  shown,  on  its  first  intimation,  that  no 
ollence  was  intended,  nor  any  disrespect  justly 
deducible  from  the  language  that  he  had  used ; 
and  he  was  now  peremptory  in  refusing  to  make 
the  required  apology;  and  had  instructed  the 
United  States'  change  d\iffairea  to  demand  the 
money  ;  and,  if  not  paid,  to  leave  France  imme- 
diately. The  ministers  of  both  countries  had 
previously  withdrawn,  and  the  last  link  in  tho 
chain  of  diplomatic  communication  was  upon 
the  point  of  being  broken.  Tho  question  having 
narrowed  down  to  this  small  point,  the  Presi* 
dent  deemed  it  proper  to  give  a  retrospective 
view  of  it,  to  justify  his  determination,  neither 
to  apologize  nor  to  negotiate  further.    He  said : 

"  On  entering  upon  the  duties  of  my  station, 
I  found  the  United  States  an  unsuccessful  appli- 
cant to  the  justice  of  France,  for  the  satisfaction 
of  claims,  the  validity  of  which  was  never  tpies- 
tionable,  and  has  now  been  most  solemnly  ad- 
mitted  by  France  herself.    The   antiquity  of 
these  claims,  their  high  justice,  and  the  aggra- 
vating circumstances  out  of  which  they  arose, 
are  too  familiar  to  the  American  peoj)le  to  re- 
quire description.     It  is  suflicieiit  to  -say.  that, 
for  a  period  of  ten  years  and  upwards,  our  com- 
merce was,  with  but  little  interruption,  the  sub- 
ject of  constant  aggressions,  on  the  part  of 
France — aggressions,  the  ordinary  features  of 
which  were  condemnations  of  vessels  and  car- 
goes, under  arbitrary  decrees,  adopted  in  con- 
travention, as  well  of  the  laws  of  nations  as  of 
treaty  stipulation.s,  burnings  on  tho  high  seas, 
and  seizures  and  confiscations,  under  special  im- 
perial rescripts,  in  the  ports  of  other  nations 
occupied  by  the  armies,  or  under  the  control  of 
France.     Such,  it  is  now  conceded,  is  the  char 
I'acter  of  the  wrongs  we  suffered ;  wrongs,  in 
many  cases,  so  flagrant  that  even  their  authors 
never  denied  our  right  to  reparation.     Of  the 
extent  of  these  injuries,  .some  conception  may 
be  formed  from  the  fact  that,  after  the  burning 
of  a  large  amount  at  sea,  and  the  necessary  de- 
terioration in  other  cases,  by  iong  detention,  the 
American  property  so  seized  and  sacrificed  at 
forced  sales,  excluding  what  was  adjudged  to 
privateers,  before    or    without    condemnation, 
brought  into  the  French  treasury  ujiwards  of 
twenty-four  millions  of  francs,  besides  large  cus- 
tom-house duties. 

"  The  subject  had  already  been  an  affair  of 
twenty  years'  uninterrupted  negotiation,  except 
for  a  short  time,  when  France  was  overwhelmed 
by  the  military  power  of  united  Europe,  During 


'? .; 


P?';  ii 


<. 


i 


570 


TIIIUTY  YKAIJS'  VIKVV. 


(his  |H'ri<i(l,  wliilst  oflicr  imtions  were  cxtinliiif; 
IVoin  lirr  piivtiH-nt  of  tlu-ir  rliiiiiiH  n(  flic  |)oinf 
of  (lie  hiiyoiii'l,  tlic  I'nilctI  Sdilcs  iiilrriniltnl 
<ln'ir  ili'iiiiiiid  for  jiisdci',  out  of  n'spccl  (o  tlic 
o|)|)ri<ssc(l  conditioii  of  a|;;ullaiit  pcojilt',  to  wliom 
♦  li(\v  fi'lf  under  olili^n.'UioiiH  for  iViilcrnid  iissisl- 
niK'f  in  tlu'ir  own  djiyH  of  HulU'rinj;  and  of  |ii'ril. 
'riic  Imd  t'ir«'c|H  of  llicso  |)rotri»rt(Ml  iiiid  nimviiil- 
inu;  discnsHJon^,  us  wtdl  upon  our  rtdfilioiis  with 
Krinicc  lis  upon  our  national  cliaractri-,  wcro  oli- 
viouH;  auti  tlii-  lino  of  duty  was,  to  tny  mind, 
npiaily  so.  'I'liis  was,  citlu'r  to  insist  upon  the 
jirljustiut'ut  of  our  <'lainis,  within  n  ri'asonaMc 
juM'iod,  or  to  altandon  tlicni  altoncthcr.  1  could 
not  doultl  tliMt,  i>y  this  I'oursr,  flii'  inti-ri'st  and 
hoiu)r  of  liolli  couidrios  woidd  lie  l>rst  con- 
Hultcd.  Instructions  were,  therefore,  nivi-n  in 
this  spirit  to  the  tninisler,  who  was  s<Md  out 
once  more  to  demand  rc|>aratii)u.  I'pon  the 
ineelin.u;  of  Coiifiress,  in  Pecemher.  IH'J'*,  I  fell 
if  my  duty  to  spe.aU  of  these  claims,  and  the 
delays  of  l''ranc(>,  in  tcrn\s  cidculiited  to  call  the 
Kerions  attention  of  hofh  countries  to  the  suli- 
ject.  The  then  French  Ministry  took  ex<'eptiou 
to  the  mcssa};v,  on  tlu>  jiroimd  of  its  containiuj; 
a  luenai'c,  under  which  it  was  not  aj;rei'a!de  to 
<he  French  goveriuneni  to  ncp)tiale.  The  Ame- 
rican minister,  of  his  own  aeciu'd,  refuted  the 
ci>nslruction  which  was  altcmiited  t(  lii'  put 
upon  tiu>  messajxc,  anil,  at  the  same  tinn",  ciiled 
to  the  recollection  of  the  French  minis! I'v,  that 
(he  President's  messaiie  was  n  conuutuiicalion 
ild'essed  not  to  foreijrn  pivernments,  hut  to 
the  Congress  of  the  I'nited  States,  in  which  it 
was  enjoined  upon  him,  hy  the  constitution,  to 
lay  Itel'ore  that  hody  information  of  the  slate  of 
the  I'ninn,  comprehending  its  foreiun  as  well  as 
its  domestic  relations;  and  that  if,  in  the  dis- 
char^v  of  this  tluty,  he  felt  it  incuud»ent  ujion 
him  to  sununon  the  attention  of  (\)n};ress  indue 
time  to  V 'lat  mi^ht  be  the  possible  conseiiuences 
of  existinjr  dilliculties  with  any  foreijin  (iovcrii- 
inenf,  he  inijiht  fairly  ho  Kiij>i)osed  to  do  so,  un- 
der a  sense  of  what  was  due  from  him  in  a  frank 
conuuunication  w  ith  another  luaiidi  of  his  own 
povernment,  aiul  not  from  any  intention  of  hold- 
inj;  a  nienaoe  over  a  foreijrn  power.  The  views 
taken  by  him  received  my  apjirobation,  the 
Kreneh  p)vernment  was  satisfied,  and  the  i\e(ro- 
tiatitm  was  oontinuod.  It  tenninated  in  the 
treaty  of  July  4.  \H'M,  recojinizinu;  the  justice 
of  our  claims,  in  part,  and  promisinj:  jiaymont 
to  the  amount  of  twenty-five  millions  of  francs, 
in  six  ainmal  iusfalnients. 

"The  rafilications  of  this  treaty  were  ex- 
chansjed  at  Washinsrfon,  on  the  2d  of  February, 
18.'i2;  and,  in  five  days  thereafter,  it  was  laid 
befoiv  ConjTi'ess,  who  immediately  passed  the 
acts  ncwssary.  on  otir  part,  to  secun>  to  France 
the  commercial  advanta}xi>s  conceded  to  her  in 
the  compact.  The  tn'afy  had  previously  been 
solemnly  ratified  '\v  the  Kinj;  of  the  Fivnch,  in 
terms  which  are  certainly  not  mere  matters 
of  form,  and  of  which  the  translation  is  as  fol- 
lows :  '  We,  approvina:  the  above  convention,  in 


all  and  each  of  th(<  depositions  which  are  coi 
faincil  in  it,  do  deidare  by  ourselves,  as  well  n 
by  our  heirs  and  successors,  that  it  is  nccepfcM 
ap;  roved  ralilied,  and  coulirmed  ;  mid  iiy  Iht^ 
pi'csents,  si^iued  by  our  hand,  we  do  acct'pt,  a| 
prove,  ratify,  and  eoullrm  it  ;  jn'oiiiisiuu,  on  i| 
failli  and  word  of  a  kin;t,  to  observe  it,  and  | 
cause  it  to  be  observed  inviolably,  without  evt 
coufrrveniuf^  it,  or  siidi  linp;  it  to  be  conlraveim 
directly  or  indirectly,  for  any  cause,  (»r  under  an 
pretence  whatsoever.' 

"Olllcial  information  of  the  exchange  of  nil 
fieations  in  the  riiile<l  Slates  reach)  il  I'aii 
whilst  (he  t'liauibers  were  in  .session.  The  c.v 
traordinary,  and,  to  us,  injiiriouH  delays  of  ili 
French  government,  in  their  action  upon  ||{ 
subject  of  its  fullilment,  have  been  heiitdlui 
slated  to  ('oiij;re;s,  and  I  have  no  di-;|Misiti()ii  j 
enlari;e  upon  them  here.  It  is  siillicieiil  to  ol 
serve  that  the  then  pending  ses-ioii  was  i^llouc 
to  expire,  without  even  an  eilorl  to  obtain  lli 
necessary  appropi'ialioiis — that  the  tv\o  siieccn 
ini;  ones  were  also  suliireil  to  pass  away  wid 
out  any  thiuf;  like  a  seiioiis  alleiiipl  to  oblaiii 
decision  upon  the  .snlijeet  ;  and  thai  il  was  im 
until  the  fourth  session — aliiio.^f,  tlinc  y.w 
after  the  couelusion  of  the  treaty,  and  hum 
than  two  years  after  (he  exchaiij;e  ol  ratilicii 
ti(uis — that  (he  bill  for  (he  execution  of  ||i 
treaty  was  pressed  to  a  vole,  and  rejecled.  | 
the  mean  time,  the  j;overnment  of  (he  I'liiU' 
Slates,  bavin;;  lull  eoiilideiice  that  a  tnalyni 
tered  info  and  .-o  soiemidy  ralilied  by  lli 
l''reuch  kin;.r,  would  be  executed  in  ^^ood  j'aiil 
au<l  not  doubt  in;;  that  provision  would  be  mad 
for  the  payment  (if  the  lirst  inslalmeni,  wliic 
was  to  be<'ome  due  on  (he  second  day  of  |'\'liii 
ary,  IH.'!.'!,  iie;;oti!ited  a  draft  for  the  aiiiuiii 
through  the  Hank  of  the  I'nited  Slates.  WIk 
this  draft  was  pivseiifed  by  the  holder,  with  lli 
crcilenlials  reipiiied  b}'  the  triaty  to  autiioriz 
him  t<i  receive  the  money,  the  ;;oveniiiii'iil  (i 
France  allowed  it  to  be  protested.  In  aiMilin 
to  the  injury  in  the  non-payment  of  the  iikiik 
by  France,  conformably  to  her  eii;;a;;eiiK'iit,  tli 
United  States  were  exposed  to  a  In  avy  elaiai  i> 
the  part  of  the  bank,  uiidei' pretence  of  <l;niia;;i 
in  satisfaction  of  which,  that  iustitulioii  .'cizi' 
ujion,  and  still  rt-tains,  an  equal  amount  of  tl 
public  moneys.  Congress  was  in  session  wlic 
the  decision  of  the  Chambers  reached  Was-liin; 
ton ;  ajid  nn  immediate  commun'cation  o(  tii 
apparently  final  decision  of  France  not  to  full 
the  stipulations  of  the  treaty,  was  the  ciiiin- 
naturally  to  be  expected  from  the  I're.^idiii 
The  deep  tone  of  dissotit^f.iction  which  pervade 
the  public  mind,  and  the  correspomlent  excit( 
ment  produced  in  Conp;ress  by  only  a  ^cncr; 
kuowle<lgc  of  the  result,  rendered  it  \wnv  tlia 
probable,  that  a  resort  to  immediate  nieasuivsc 
redress  would  be  the  consequence  of  callin;;!! 
attention  of  that  body  to  the  subject.  Siinwl 
desirous  of  preserving  the  pacific  relations  wliii 
I  had  so  long  existed  between  the  two  cuuntrii' 
I  I  was  anxious  to  avoid  this  course  if  I  could  1 


ANNO  iH.'t.V     ANDUF.W  JAniCSON,  I'UIXFDF.NT. 


671 


UM.lan-  l.y  oursrlvrs,  u.  w.l   i.h 

1  „,„lnm)lniuMl;  i.i.'l  »>>  tli.su 
i,v.»ur  luiii.l,  ^v.•<l<»"'•<•''l•^'M'• 
,^  nM.linuit  ;  ,.n..nis,nu,<""l;»' 
.,,•  ,^  Uin^',  lo  ..I.S.TV.-  .1.  m..l  to 
(,.,.,.v.m1  inviolul.l.V,  NV'«>>""''  '■^'•>• 

opsnll'-iintiil  ««><"■<•"""■';'•""'• 
vclly,  lor  any  CHUM',. .v«ii..l.v  any 

;;So.M.rilK'.-N.lu.n;:.-orn>U- 
,^.  rniti'<l  StiiU'S  ivm-lii  .1  1  an., 
,nlK.rs  W.T.- in  srssi-m.  1 1.';  .x- 
„1  t„  us,  injui'MHiH  .l.Iays  ..1  i.' 
,„n,l,  in  tluir  urt.ou  uimm.  ,. 
Cullilnunt,  Law  l..'i-|.'  ».>nln|uu. 
,,..s  nn.ll  liavc  u.MlHp.'Ml.on  0 
l,....;iu>r.-.  ItissnlVnunttn..!,. 
,lH,n  vnulin;;  s.sMnu  was  ^110..,! 

,,ls..  sullriv.l  to  jmsK  awu.V  w.lli- 
liU,.  usrnoiisulU'nii.l  t-.  ..l.lnmu 
,1,,  ..nl.i.rl  ;  an.l  llial  il  was  uul 
„,,h  M'SMon-alu.....t  tl.ivr  ynns 
,,,,„si.m  ..!•  tlir  tnaty,  a,.l   mou. 

„,,  HfiiT iiu> «'Nri.a..K<7.''  '•"',";■;>• 
„„,  i.iii  for  uu-  .•xY'"'!'"' '  ' ;; 

,,ss,m1  to  a  vole,  au.l  .v.);;«'ti"l-    l" 

:Vm    o.Mli.lnur  that  atn.tyrn. 

r„l   so   soU.nu.ly    rat.!..-!    l,y   1 W 

i    !ul.l  iK.  oxrn.t...!  u,  ^.oo-l  .u 

,,i„„,l.:.trn.vision  would  U'lmd 

:,rolMl^ivslinslalu.n     wW 

,„.  au<<  <.n  (lii>  socou.l  .lay  ol  h'iMii 

;oti:,to.l   a  .Iraft  for   t  ..-  a-mm, 

'„,  ,i,o.l  l.y  tlH'  tnaty  to  uullH  ■,/; 
V  .  tin.   nfonoy,  <1"'  S^-v.vuu.n   ol 

'/tho  n..u-,.aynu-nt  ..r  tl... ...... 

.,„ft>nual.ly  to  l.cr  ^■'J^"^^';";:;    ;/ 
.«  woiv  CX1.0W.I  to  a  1.1  av\  riaiu>  on 

^.f  whu^  that  inst.tun....  m;,  .. 

1  n-tains,  an  ciuul  a.n<.....t  <>t  til 

"      C..ngross«as  in  session  dun 

^ftlu.Ci;an.bcrsreuclH..l\\a^l.n,^- 

,  innmMliate  co...inuu.cat>.m  .      Ji 

ruml  aocision  of  FnuuT  no   t. 

ions  of  the  tver.ty,  was  t  .e  " 
1^  be  oxpcctra  fron.  the  1  resl    ; 
ne  of  dissatisfaction  vvhichveu^; 
hind,  and  the  correspon.  en    ex 

ced  in  Con-ress  by  on  }  a  ^u  « 
S-  theres.ilt,ren<lere.l  it  nu.ro  tlm 
^:^;:.St.;mHnedi.Ue«.^^ 
Ld  be  the  consequence,  fu^ioj^^ 
T  that  body  to  the  sid.ject.  MnciHi 
Lreserv^ng  the  paciiic  relations  wl>.ci 
lSJ:ifct--thetwo— ^ 

,us  to  avoid  this  course  if  I  couww 


patisd.'d  Umt,  by  .loini;  so.  iicilluT  Ih.'  iMl.'r.'H)s 
nor  til.'  Iioiioi"  of  my  .•oontry  woiiM  Ite  coiupi))- 
initl.il-  Williout  llie  fiill.'^l  aHSiiniii<'e<  upon  lliiil 
|Miiiil,  I  eon!. I  not  hope  (o  a.Npiit  myself  of  the 
r(.-|ion'<iliilily  to  he  iiietirreij  in  suireriii^:  Cou- 
(trc^s  |o  aiijonni  without  iayiiij;  tlw  siihjeel  he- 
fiirc  lliem.  'I'hos.'reecive.l  by  in.<  were  It.'li.'v.'.l 
to  lie  of  that  eharaeter. 

"The  .  xpeetatioiiH  jiislly  f.)un(l.'.l  upf.n  the 
promisiH  thus  s.il.'iiinly  niiid."  to  this  noveiii- 
iiieiit  hy  that  of  Fnniee,  w.-re  not  r.-aiizi-.l.  The 
Fieiieh'Chatiiheis  met  on  theiilst  t.f-luly,  iH.'U, 
Foon  iifl.'r  tlie  eh'ctioii,  and  ahli.)iip;h  our  iiiinis- 
tiT  in  Paris  urne.l  the  l'"reneh  ministry  to  pr.'ss 
the  Hiihjeet  before  th.'in,  they  de.-lineil  .loju^  so. 
lit;  next  insisted  that  th.-  Chamlters,  if  pro- 
roijiii'd  witliout  a.'tini,'  on  tlie  suhjeet,  should  lie 
rco.'^seinhle.l  at  a  period  so  early  that  th.'ir  ac- 
tion on  the  treaty  might  be  known  in  Washing- 
ton prior  to  the  meeting  of  Congress,  This 
r.MS.inahle  r.-cpi.-st,  wus  not  .)nly  d.-eliuerl,  but 
the  Cliamhers  were  prorogued  .hi  tlu'  2!.th  of 
Dweinher;  a  .lay  so  lute,  tliat  th.'ir  .ieeision, 
liDWiv.'r  urgently  pressed,  eotiM  not.  in  all  jno- 
laliility,  he  obtained  in  time  to  r.aeli  Washing- 
tun  before  the  iiee.'ssary  adjouinmeut  of  Con- 
press  hy  tlieeonstiluti.m.  Tlw  reas.ms  given  by 
till'  ministry  for  refusing  t.i  .-onvok.'  the  (!liam- 
liiTs,  at  ail  carli.'r  period,  were  aflerwanis  sli.iwu 
not  to  !)('  iii,-Mp"rable,  by  th.ir  lu-tual  .'ouvoea- 
tiiiii,  on  the  first  .if  Dieemb.'r,  iiml.'r  a  special 
c;ill  Tor  .lom.'stie  purposes,  whieli  I'a.-t,  h.)wev.'r, 
did  not  l)ee'>me  known  t.)this  governm.Mit  until 
lifter  tlie  eommen.^enient  of  the  last  session  of 
OoM^rri's-:. 

"Tims  disajipointed  in  our  just  exj)ectati.)ns, 
it  liiTaine  my  imperative  duty  to  consult  with 
(.'(in;:ress  in  regard  to  th.iexpedieney  of  a  resort 
t(.  retaliatory  measures,  in  ease  tli.'  stipulations 
of  the  treaty  sh.iuld  not  be  speedily  complied 
witli;  an.l  t.>  reommend  su.-h  as,  in  my  jii.Ig- 
inont,  the  occasion  calle.l  Cor.  To  this  end,  an 
unreserved  cominnnication  of  the  case,  in  all  its 
nspcts  became  in(bs|K'nsable.  To  liave  shrunk, 
ill  milking  it,  from  saying  all  that  was  necessary 
to  its  .'..rreet  un.kTstanding,  an.l  that  the  truth 
would  justify,  for  fear  of  giving  odt-nce  to  ..theif;, 
would  have  been  unworthy  of  us.  To  have 
pone,  on  the  other  hnn.l,  a  single  step  ftu'ther, 
tor  the  imrp.ise  of  wounding  the  pride  of  a  gov- 
ernment and  pc.ple  with  wliom  w.;  had  so  many 
motives  of  cultivating  relations  of  amity  and 
reciprncal  advantage,  woul.l  have  been  unwise 
and  improper.  Admonislicd  by  the  past  of  the 
difReulty  of  making  even  the  simplest  statement 
of  our  wrongs,  without  disturl)ing  the  sensibili- 
ties of  those  who  had,  by  their  position,  become 
responsible  for  their  redress,  and  earnestly  de- 
sirous of  preventing  further  .jbstacles  from  that 
source,  I  went  out  of  my  way  to  preclii.lo  a  con- 
6truction  of  the  message,  by  wliicli  the  recom- 
mendation that  was  made  to  Congress  might  be 
re^ardtd  as  a  menace  to  France,  in  not  only  dis- 
ttTowins  such  a  design,  but  in  declaring  that  her 
pride  and  her  power  were  too  well  known  to 


.'Xpe.t  any  Ibiie^  fro  o  h.T  fears.  The  inossago 
.lid  not  naeh  I'aris  until  more  than  a  mouth 
aft.T  the  Cliamliers  had  been  in  session  ;  uud 
sii.'h  was  Ili(>  ins.'ii  ihility  .if  the  luiiii.-liy  to 
.iiir  ri'^htful  ••laims  and  just  exp.'.'titious.  Ilmt 

our  niiuisler  bail  iieeii  int'ori I  ihiit  tli.'  iiiat- 

t.'r,  when  introdii.M'd,  woul.l  not  be  pr;  ssnl  ;i,  a 
cabinet  m.-asure. 

'■  Although  tb.'  message  was  not  ollieialiy 
eommunieat.'.j  to  the  Fremdi  governmrut,  and 
n.itwitbstamling  the  .l.'claratioii  to  th.'  .iiutiarv 
wlii.di  it  eoiitaiiieil,  the  Ficu.'h  mini:^lry  .leeidid 
to  consi.li'r  the  e.)ii.liti.inal  reeomiueii'latiou  .if 
reprisals  a  menace  an.l  an  insult,  wlii.h  tlie 
h.iniir  .if  the  nati.)ii  niad.'  it  in.-uiiilieut  on  tleui 
to  resent.  The  ni.'asiires  resorted  to  hy  lli.'iii 
t.)  .'vinet'  th.'ir  sense  of  the  supposed  indignity 
n'r.\  th.^  imiiH'.liate  re.'ail  of  th  ir  mini  ter  at 
Washingt..!!,  the  .illi'r  of  pass|iorls  to  I'le  Am.ii- 
.-an  minist.'r  at  I'aris,  and  a  puhlii;  notice  to  the 
legislative  .'l^aiub.'rH  that  all  .liplomali.^  iut.'i'- 
.'oiirse  with  I  lie  J'nite.l  Slates  had  been  kus- 
pendcl. 

"  Il'iving,  in  this  nianii.'r,  vin.li.'ated  the  .!ig- 
nity  .if  fraiH'e,  they  iii'xt  pro<"'ede  I  loilbistriite 
her  justi.'c.  To  this  end  a  bill  wiis  iiiiiiiedia'ily 
iiitro.lueeil  into  the  ('hainber  of  hcpiilic-,  pro- 
posing to  make  the  appro|iriatioiis  nee.'^v■^,■ll  \  l.i 
(virry  into  edi-ct  the  treaty.  As  this  bill  siih- 
se.piently  jiasse'l  into  a  law,  the  provisions  .if 
which  now  .-onstitiite  tlie  main  sul))' (!t  of  ililli- 
ciilty  between  the  two  nati.tiis,  it,  becomes  niy 
fluty,  in  .)rder  to  |ila(M',  the  subject  bel'oio  you  in 
a  clear  light,  to  trace,  th.-  hist.iry  .if  its  pas-ag.', 
and  to  refer,  witlis.une  parti.ailarity,  to  the  j.ro- 
e.'i'diiigH  and  .lis.'iissi.ins  in  reganl  to  it.  The 
Minister  of  Fiiian.;.-,  in  his  opening  s|'...'li,  al- 
iii.le.I  to  the  measur.'s  which  had  been  adopted 
to  resent  the  siipp.isod  indignity,  and  r.coni- 
men.le.l  the  ex.iaition  of  tlu;  treaty  as  a  measure 
re(|uired  by  the  honor  and  justice  of  I'r.iiicc. 
lie,  as  the  organ  of  the  ministry,  declared  tlie 
messag.!,  so  long  as  it  had  not  re.ieived  tlie  sanc- 
tion .)f  (yongr.'ss.  a  men-  exjiression  <if  the  per- 
sonal opinion  of  the  President,  for  whi.  h  ii.ither 
the  government  nor  p.'ople  of  the  Uiiited  Stat.'S 
were  responsible;  and  tliat  an  engagement  hail 
been  enter.-d  into,  for  the  fulfilment  nf  which  the 
lionor  of  Franco  was  pledged.  Entertaining 
the.se  views,  the  single  condition  which  the 
French  ministry  propo.sed  to  annex  to  the  j.ay- 
ment  of  the  money  was,  that  it  sh.mld  not  bo 
ma.le  until  it  was  asc.Ttaine.l  that  the  govern- 
ment of  tlie  United  States  had  done  nothing  to 
injure  the  interests  of  France;  or,  in  otlier 
w.irds,  that  no  steps  had  been  authorizi-d  by 
Congress  of  a  hostile  character  towards  Fr;in.:e. 

"  What  tlie  disposition  or  action  of  Congress 
might  be,  was  then  unknown  to  the  French 
Cabinet.  But,  on  the  14th  of  January,  the  Se- 
nate resolved  that  it  waSj  at  that  time  inexfit'di- 
ent  to  adopt  any  legislative  measures  in  regard 
to  the  state  of  affairs  between  the  United  States 
and  France,  and  no  action  on  the  fcubjc.;t  had 
occurred  in  the  House  of  Representatives.  Thes« 


Of  2 


Tlliurv  YI'.AIK  vir.w. 


ml }  I 


fiicf';  wciv  Known  in  Pnris  prior  to  ftic  2St1i  of 
Miiicli  IN'!.'),  wlicn  llii>  nminiiKfc.  (o  wlmni  tlic 
liill  of  iiiiji'innilifiitiiiii  liiid  liccn  rcrorriMJ,  rc|i()rt- 
I'll  it  lo  till'  ('liinnliiT  of  l)<>|iMtit's.     'I'lml  com- 

niiltif  MilislHiiliiilly  n-rrli !   (lie   Ht'iiUnu'nt>< 

of  till'  iniiiislrv,  tlt'ciiirril  lliiil  ConiifcHs  IiikI  net 
nsicic  ilic  (tniiKwition  of  |Ih>  I'lrsidcnt,  and  ri'- 
rontnx'iulrd  llio  imssiip-  of  Ilic  liill,  witlumt  any 
<i|lifr  nsliirtion  (lian  Unit  crijriimlly  iiropoHCMl. 
TJuH  wiiH  it  )<n(t\vn  (o  t)ii<  Kicncti  ministry  nnd 
rlinnilii'r-i  lliiil  if  tin-  position  ussnincd  l»y  tlicni, 
nnd  wiiich  lii\d  lu'on  so  ficciucnlly  nnd  Hoionnily 
nnnonnci-d  tis  tlic  oidy  one  conipntililo  witli  tlic 
lionor  of  I'Viinri',  wus  niuintiiincfl,  nnd  (lif  Itill 
pnssod  as  oii^innliy  propoMt-d,  tlu'  money  wonid 
Ih'  paiil,  n!id  tluMi'  would  Ih'  an  t-nd  of  this  nn- 
fortinialo  coiitrovf-sy, 

"  Hilt  this  cluvrin;; prospirt  wnswmn  doslroy- 
od  l)y  an  anifiidniont  introdncod  into  tli<<  bill 
at  tlu>  momoiil  of  its  passap-,  providing  that  tlu' 
money  should  not  he  paid  until  the  Freneh  jjo- 
veri\u>cnt  \\u\  neeived  satisf:iclory  expIatintiouM 
of  the  President's  messap'  of  the  '2i\  Deeetuher. 
IS.tl;  and,  what  is  still  more  extraonlinnry.  the 
president  of  the  oonncil  of  ministers  ailopted 
this  nniendmenf,  nnd  consented  to  its  ineorpora- 
tion  in  the  hill.  In  reiranl  to  a  sui)])osed  insult 
wliieh  hud  Ix'i'u  formally  resented  hy  the  reeall 
of  their  minister,  and  the  olUr  of  pass|)orls  to 
onrs,  they  now,  for  ttie  first  time,  proposed  to 
ask  explanations.  Sentiment',  and  jtropositions, 
which  they  had  declaied  ciinhl  not  justly  he 
iinpiiled  to  tl\e  (rnvernmeiit  or  peojile  of  the 
rnited  St  ites,  aiv  set  n;i  as  olistaeles  to  the 
licvforuiance  of  an  act  .f  concedeil  Justice  to 
that  iroverument  and  jieople.  'I'hey  had  de- 
clari'd  that  the  honor  of  Kraiice  reipiireil  the 
fullilnient  of  the  onirap'uient  into  which  the 
Kinji  had  entered,  unless  (\injrirs8  adojited  the 
neimniendations  of  the  messaire.  They  ascer- 
tained that  t^onjiress  <li(l  not  adojil  them,  and 
yet  tl\at  fiillihnent  is  refused,  unless  they  tirsi 
obtain  IVoin  the  President  explanations  of  an 
opinion  characteriz.ed  by  themselves  as  personal 
and  inoiKMative." 

Ilavinp:  thus  trace<l  the  controversy  down  to 
the  iH>int  on  wliich  it  htmj!; — no  payment  with- 
out an  apology  lirst  made — tlie  President  took 
np  tliis  condition  as  a  new  featnre  in  the  case — 
preseiitin};  national  degradation  on  one  side,  and 
twenty-live  millions  of  francs  on  the  other — nnd 
declared  his  determination  to  submit  to  no  dis- 
honor, and  repulsed  the  apology  as  a  stain  nj)on 
the  national  character;  and  ctmcluded  this  head 
of  his  messag:e  with  saying; : 

'•  Tn  any  event,  however,  the  principle  involved 
in  the  new  aspect  which  has  been  given  to  the 
controversy  is  so  vitally  important  to  the  inde- 
pendent administration  of  the  provcrnmcnt.  that 
it  can  neither  be  stirnMidered  nor  comproniitted 
without  national  degradation.     I  ho{)c  it  is  un- 


nec«'sf<ary  for  me  to  say  that  such  a  pncril 
will  not  be  made  througli  anv  af;<'nry  of  .m 
'I'lie  lionor  of  my  eountiy  shall  never  be  stain 
by  an  apology  from  me  for  the  statenK  iit 
truth  and  the  peiformauce  of  duty  ;  nor  ear 
give  any  explanation  of  my  ollicial  acts,  iaci 
such  as  is  due  to  integrity  and  jitstire,  and  n 
Histctit  with  the  principles  on  which  our  ins 
tutious  have  been  fraiued.  ThiN  delcrmiii.'tii 
will,  I  am  conddent,  be  approval  by  my  k 
stituents.  I  have  indeed  si udieil  theirehiiriicl 
to  but  little  purpose,  if  the  sum  of  tweutyli 
millions  <tf  francs  will  have  the  weight  nl 
feather  in  the  estimatiiui  of  what  appertains 
their  national  independence:  and  if,  nnliappi 
a  dill'trent  impression  shouhl  at  any  liiue  i 
lain,  in  any  <piarter,  they  will,  I  aiu  sure,  ral 
round  the  government  of  their  choice  with  ah 
lily  and  iinaniinity,  and  silence  for  ever  the  i 
grading  impntation." 

The  loss  of  the  fortillcatioii  bill  at  the  previa 
KCHsitni,  had  been  a  serious  inlerriiption  to  o 
system  of  defi'iices,  and  an  injury  to  the  count 
in  that  point  of  view,  independently  of  its elli 
upon  our  ri'lations  with  France.  A  system 
gi'iieral  and  pei  iiianeiil  fortilication  of  the  eoa.> 
and  harbors  had  been  adopted  at  the  close 
the  war  of  IHI2;  ami  throughout  ourexteml 
frontier  wen>  many  works  in  dillerent  ilegiv 
of  c(mipletion,  the  slopjiage  of  which  invulv 
loss  and  destruclion,  as  well  as  delay,  in  ll 
indispensable  work.  Looking  at  the  loss  of  t 
bill  in  this  point  of  view,  the  President  said: 

"  Much  loss  and  incoiuenienco  have  been 
jierienced,  in  conseiiiienee  of  the  liiiluie  of 
bill  containing  the  ordinary  a|)propriati()ns 
fort  ilicat  ions   which  passed  one  branch  of 
national  legislature  ill  the  last  session,  but 
lost  in  the  other.     This  failure  was  tlu 
regretted,  not  only  becau.se  it  necessarilv 
riijtieil  and  delayed  the  jirogress  of  a  system 
national  defence,  projected  immediately  aflei 
last  war,  and  since  "steadily  pursued,  but 
because  it  contain<'«l  a  contingent  api)ropriat 
in.serted  in   accordance  with  the  views  of 
Kxecntive,  in  aid  of  this  important  object, 
other   branches  of  the  national  defence,  so 
portions  of  which  might  ha-e  lieen  most  iisefii 
I  ttjiplied  during  the  past  season.     I  invite  y 
I  early  attention  to  that  part  of  the  report  of 
!  .Secretary  of  War  which  relates  to  this  siibj 
:  and   recommend   an   appropriation   siiflicien 
j  liberal  to  accelerate  the  armament  of  the  fo 
!  tications  agreeably  to  the  proposition  subiirt 
by  him,  and  to  place  our  whole  Atlantic  f 
:  board  in  a  complete  state  of  defence.    A  j 
regard  to  the  permanent  intercuts  of  the coun 
evidently  requires  this  measure.     Ibit  tlicro 
also  other  reasons  which  at  the  present  jn 
turc  give   it  peculiar  force,  and  make  it 


ni( 
inl 


V( 


■  '  'i. 


v:  -A 


ANNO  iHilft.     ANDUr.W  .lACKSON,  IMIKSIIHINT. 


in 


3 


„  ,o  Kiiv  l»>at  SU.-1.  II  M..rill.T 
,1,.  tl..-..uVlu.iiv  u;:<-i«'V  "<  '""»•• 
V..Munlrv^».'»^l'"-v''  "'^"";" 
IVon.   n...  for  H.'«  Hlut.'.iwi.t  .• 

,:       .ipUMou  whirl.  ..u-nM,- 

,,,.,,,  if  .1,0  Mnn..flw.ntv-l.vo 
,,,,  ;vill  l.av.-  «l.o  w.'.rl.t  ot  . 
..tinmti..i.  of  wlmt  .M.|''•'•«•""^  " 

,,n.ss  ..n  «l...uM  "t  "".v  '«""'  '"■ 

mrlor  thc-v  will.  I  »"»  ^"'■'•;  ''l"-^ 
l;ntoniuMrrl.>io.w.tn,U- 

;,;;;;>•,  .iu-l  silonro  for  i'vcr  tlu.  .1. 

liUiiin." 

,lH.fortinni(ionl.in»ttl.o,.rrvi..Ms 

t,e,n  a  s.ri.H.s  ii.t.Tr'.l>»i<'n  to  .M,r 

ro,uTH,.in.la,nn)..>T«"l''*"  ••"'""'>■ 
„f  view,  in.lo,HMu«<-««t»y  of  Its. tint 

IMiouHwith  Knmn-.     A  s.vst.m  nf 
,n..m..o..tfo.tillnaionoltlu-nmst. 

,„v.l  iKVi.  ».l"l't'"»  "^  ""•  •■'"'"," 
Hl-2:  >m.ltluH.u(;honl  o.ir  .MnuW 
,.  „uu.y  works  in  .lillVr.nt.H'm. 

.,„,  ,ho  slo,.,..vi;o  of  whu-h  .nvolna 
.struolion,  as  wc-ll  UH  .May,  .n  t Ins 

lo  w..rk.     l-ookinK  al  tl.e  loss  ol  tl>o 
,,„i„tofvic-w,thcl>ri'm.UM.tsaul; 

,K       This  failure  wa.  t ho  inon' 

te  s^s^f "S.^-S 

-Olll""'  .,1       (1,,,     vlOWS    01   UK 

1"  otl.^  national  ckfonce,  s.. 
'i;;hnu.UtUa.elK.nm..-^J 

imciid  «"  ,"l'l''"'":„''    orikWi- 
tneably  to  liw.  V\}    ,     Atlantic  h* 

t  complete  '^\'^:\"  _t„  of , la- country 
•he  permanent  niterc^tb  01  tn 

;e,Lesthlsn|ea.nre^^^^; 


duly  to  ''all  tho  mihjcot   to  your  Hproiat  ron- 

Bidi'iation." 

The  pinii  for  (he  roninvnlofllie  liiilianHtit  (ho 
ftcHt  of  the  MiMsisNi|)pi  U'lnx  now  in  NiiccoHsriil 
nr  i;;rosM  anil  havinn  woll  ninh  roaoheil  its  •on- 
Kiiininalion,  tli««  Piosiilont  took  (he  iK'caMinn, 
wliilo  eonnnnnioulin){  that  ^ralifyini;  'iiot,  to 
niako  nn  aiilhoiilio  oxpoHition  of  tho  Ijinuiiio 
■iiiliiy  wliioh  had  f;ovorncil  llio  I'niloil  Stales  in 
nildptin^  this  policy,  lie  showoil  that  it  was 
siili  iimro  for  the  hoiiolit  of  tho  Indians  Hum 
tliiit  of  the  white  popiihilion  who  were  relieved 
(if  their  preseneo — that  lie>ides  iuini;  fully  pujd 
for  all  the  landH  they  ahnndoned,  and  reeeivin;; 
unniiities  oflen  anuuintin^r  to  thirty  dolliirs 
nheitil  and  hein^  ind<U'led  into  the  arts  of  eivil- 
i/i'il  life,  they  also  received  in  every  instance 
niore  land  than  they  ahandoned, of  hotter  i|iuility, 
liiller  sil\ialed  for  tin  in  from  ils  frontier  sitna- 
tidu,  and  in  the  siiine  parallels  of  latilnde.  This 
imrtion  of  his  nu'ssiip'  will  he  read  with  parlicn- 
l!up;ralillcation  hy  all  persons  of  hmnane  dis- 
|io>ilii)Ms,  and  especially  so  hy  all  candid  per- 
s()H>*  who  had  Ikhmi  deluded  into  the  iH'liefof 
injiislice  and  oppression  ])ractised  npon  these 
IKiipIe.     lie  sai<l : 

"Tlie  plan  of  removin^c  the  ahorij^inal  pcojdo 
who  vet  remain  within  the  settled  portions  of 
till'  I'liited  States,  to  tlu!  country  west  of  tho 
Mississippi  River,  approaches  ils  ccmsunmuition. 
It  wiiti  nilople<lon  I  he  most  mature  consideration 
(if  liie  conditio),  of  this  race,  antl  on^ht  to  he 
IKTsisted  in  till  the  ohject  is  accomplished,  and 
inoseeiited  with  as  nmeh  vip>r  as  a  just  repinl 
to  tluir  circumstances  will  permit,  and  as  fast 
IIS  tlu'ir  consoiit  can  heohtained.  All  precodinjj 
ox|)*'nnients  for  the  improvenuMit  of  the  Indians 
Iwvt'  failofl.  It  .seems  now  to  he  an  eslahlishcd 
fact,  tliat  they  cannot  live  in  contact  with  a  civ- 
ilizcil  conuuunity  and  prosper.  A^es  of  fruitless 
cniiiiivors  have,  at  letifrth,  hroufiht  us  to  a  know- 
Iwlcc  of  this  princii)le  of  intcrcommunicjition 
with  them.  The  pa.st  we  cannot  recall,  hut  the 
future  we  can  provide  for.  I  n(U'peiiilently  of  the 
iro.ity  stipulations  into  which  we  have  entered 
with  the  various  trihes,  for  the  usufructmiry 
ridits  they  have  coiled  to  us,  no  one  can  douht 
the  moral  duty  of  the  government  of  tho  United 
States  to  protect,  and,  if  jiossible,  to  preserve 
and  periK't.uate,  the  scattered  renmants  of  this 
race,  which  are  left  within  our  borders.  Tn  the 
ili^clmrp^'  of  this  iluty,  an  extensive  ropion  in 
the  West  has  been  assip;ned  for  their  [)crmanent 
ii silence.  It  has  been  divided  into  districts, 
and  allotted  amon|;]f  them.  Many  have  already 
ri'inovcd,  and  others  are  jireparinp  to  pro ;  and 
with  the  exception  of  two  small  band.s,  livinfj  in 
Ohio  and  Indiana,  not  exceedinjij  1,500  person.s, 


and  of  the  Cherokee^,  all  the  Irihos  on  the  east 
side  of  the  Mississippi,  and  extendiier  from  l.ake 
Miehipui  to  Klorida,  have  entered  into  eiiL'av'e- 
nu'iits  which  will  lead  to  their  transplantation, 
"Tho  |dan  for  their  nuioval  and  re-e-lahlish- 
ment  is  founded  npiui  the  kimwledtre  wo  hiivo 
piined  of  their  charaelor  and  habits,  and  has 
been  dielaleil  by  a  spirit  of  eidarp'd  liheralily. 
A  territory  exeei'dinf:  hi  extent  that  nliiKpii-ho'd, 
has  lioeii  (j-rantod  to  oaoh  Irilio.  Of  it-  rlimate, 
fertility,  and  capacity  tnKnp|M)rl  mi  Indian  popu- 
lation, the  representations  are  lii.!hly  l:noralde. 
To  these  districts  the  Inilians  are  iciiiovod  at 
the  expense  of  the  I'niled  States,  and  uilh  cer- 
tain supplies  ofclolhini;,  arms,  ainmiinilion,  and 
other  indisponsabio  arlielcs,  tiny  aie  ab>>  I'lir- 
iiished  (iratnitoiiHly  with  proviions  fur  the  pe- 
riod of  a  year  after  their  arrival  al  their  new 
homos.  In  that  lime,  from  the  nature  of  tlie 
eoiinlry,  and  of  tho  piiiducts  raised  by  Ihriii, 
they  can  siihsisl  thoinHidvos  liy  ajrrienlliiriti  la- 
bor, if  they  chooso  to  resort  to  that  nioleoCiilo. 
If  they  do  not,  (hey  are  upon  the  skirts  of  (ho 
(:reat  prairi«'S,  where  ecuintless  herds  of  biilialo 
roam,  and  a  short  (iiiK^  siilllces  (o  adapt  their 
own  habits  (o  the  ehaiifres  which  a  ( haiive  of 
the  animals  destined  for  their  food  may  roipiire. 
Ample  arraiifiements  have  also  fi-en  made  for 
the  support  of  schools.  In  s<inie  iiislancos, 
eoiineil-hoiises  and  churches  are  to  be  erected, 
dw(dlinf;s  constructid  fir  the  chiefs,  and  mills 
(op  common  use.  Funds  have  been  set  apart 
for  the  nuiinteiianee  of  the  poor.  The  most, 
necessary  mechanical  arts  have  been  inlrodnci'd, 
and  blacksmiths,  ^junsmiths,  w heelwii;zhts,  mill- 
wrinhls,  Ac.  are  supported  amonj;  them.  S(,o(  I 
and  iron,  and  Hoinefimes  salt,  are  juindia^ed  I'or 
them,  and  ploiifrhs  niul  other  (iirmiie.'  utoiisiis, 
domesti(^  animals,  looms,  s()iiiiiin{r-wlie(ds,  cars, 
Ac.,  are  presented  to  them.  And  hesides  tlicse 
benelieial  arranj;:oinents,  annuities  are  in  all  cases 
paid,  amounting  in  ."-ome  inslanees  to  more  than 
thirty  dollars  for  each  individual  fif  IIk^  tribe; 
and  in  all  cases  sudicienll.y  f;reat,  if  justly  di- 
Tifled,  and  prudently  ex|KMideil,  to  enabhi  them, 
in  addition  to  their  own  exeitions,  to  live  com- 
fortably. And  as  a  stimulus  for  exertion,  it  is 
now  provided  by  law,  that,  '"  in  all  eases  of  the 
apfiointnient  of  interpreters,  or  other  persons 
employed  for  tho  benefit  of  the  Indian,  a  pre- 
ference hhall  be  (j;iven  to  jtersons  of  In<liaii  de- 
scent, if  such  can  be  found  who  arc  jiroperly 
qualified  for  the  discliarj:;e  of  the  duties." 

The  effect  of  the  revival  of  the  pold  currency 
was  a  subject  of  great  conj^ratulation  with  the 
President,  and  its  influence  was  felt  in  every  de- 
partment of  industry.  Near  twenty  millions  of 
dollars  had  entered  tlie  country — a  sum  far 
above  the  avcraj^e  circulation  f)f  the  IJank  of  tho 
United  States  in  its  best  days,  and  a  currency 
of  a  kind  to  diffuse  itself  over  tho  cotuitry,  and 
remain  where  there  wa.s  a  demand  for  it,  and  for 


574 


TMIUIY  VKAUH"  VIKW. 


m 


f  1 


If  I  I  '!'■■  ii 

t       ,,         r 


which,  ililJl  Ti'iil  fniiii  it  Imiik  |m|«T  •'iirrciiry,  no 
iiitiTi'.-il  HUM  |iui<l  for  its  use,  mill  mi  diiiijuT  iii- 
niiTcil  iif  i(s  lii'<>.iinin|^  iiscIcsh.  lie  (liiiH  nCciTfil 
to  thin  (rnitifyinfj;  circiiinMlmiri'; 

"  ('iiiniivtcil  with  tlu<  ciiiiihlioii  of  the  nniiii- 
ri'M,  ami  the   llniirishin^  hIiiIo  til'  tlii>  t'liinitiv  in 
III!  iln  hraiichiw  ofimhisli y,  it  is  plfiiMin^j  to  wit- 
ness (he  ii(l»iinl;i;^t's   whirh   hiivi'   lii'on  iihcmly 
(Icrivi'il  from  thi*  rcc«'iit  hiws  rc^uliitin^  the  viihic 
of  tho  piM  ciiiimj.'i'.     'I'hi'so  adviintn^ri'.s  will  lie 
more  m»|i!in'nt    in  tlu'  (•oiirKc  nl"  tin'  n«'.\l  yriir, 
wlu'ii  till'  lininch  mints  itiithori/.cil  to  liiM'stulilish- 
(■<l   in   Norlli  Ciirolina,  (Jcor^ria,  ami   lioiiisiuna, 
hIi.'iII  have  none  into  operation.     Aided,  as  it  is 
no|ied  they  will   U',  l>y  rnrther  refoniis  in  the 
Itankin';  s\stenm  of  the  StatiH,  and  liy  jiidicions 
ri'irnl.itions  on  the  piirt  of  ConirrcHs  in  I'elation 
to  the  ciislddy  of  the  |inlilic  moneys,  it  may  lie 
ronlidently  luilieipnted  that  the  nse  of  mold  and 
Hilver  as  a  cirenlatinp:  niedinni  will  Iteeonie  gene- 
ral in  the  ordinaiy  trunsaetions  eonnceted  with 
the  lalinidf  the  eonntiy.    'rhe^'n'atdeHide:'atnm, 
in  modern  times,  is  an  ellieient  eheek  npon  the 
power  of  hanks,  preventiinr  that  excessive  issue 
of  paper  whence  ari'^e  those  (Inclnatioiis  in  the 
Htantlard  of  ^aln(>  which  render  uncertain   the 
ii'waiils  (if  lalior.      It  was  siippoHcd  hy  those 
who  estiilili.shc'd  the  Hank  of  the  I 'ni(ed  States, 
that,  from  tin-  cicdit  jiiven  to  it  liy  the  custody 
of  the  piililic  moneys,  and  other  piivilejres,  iind 
the  precautions  taken  to  );nard  apiinst  the  evils 
which  tlieco'intry  had  NuHercd  in  the  lmnkrn|it- 
cy   of  many  of  the  Slate   institntion.s  of  that 
|H'rioil.  we  should  derive   from  that  institntion 
all  the  security  and  lienelitsof  a  sound cnrri'iicy, 
and  every  piod  end  that  waH  attainahio  under 
that  provision  of  the  constilnlion  which  author- 
izes (.'onLiress  alono  to  coin  money  and  rc^fiulato 
the  value  thereof.     Ihit  it  is  scarcely  necessary 
now   to  say  that   these  aniii'ipations  have  not 
lieen  re.ilized.     Aflir  the  extensive  eniharrnss- 
nienf  and  di>lress  recently  produced  hy  the  Bank 
of  the  liiiied  States,  from  which  the  country  is 
now  recovirinjr,  ii,L'i;ravated  as  they  were  by  pre- 
tt'usitins  to  power  which  delied  the  jinlilic  au- 
thority, and  wliich,  if  acijuieseed  in  by  the  peo- 
jile.  would  have  chaufied  the  whole  chi'racler  of 
our  pivernnient,  every  candid  and   in'ellijicnt 
indivithiul  nnist  admit  that,  for  the  attainment 
of  the  trnal  udvantanes  of  a  sound  currency,  wc 
nni.^t   look   to  a  course  of  le|;islatiou  radically 
(lillereiit  from  that  which  created  such  an  insti- 
tution." 

Railroads  were  at  this  time  still  in  their  in- 
fancy in  the  United  States  ;  they  wore  but  few 
in  number  and  comparatively  feeble ;  but  the 
nature  of  a  monopoly  is  the  same  under  all  cir- 
cumstances; and  the  United  States,  in  their  post- 
office  department,  liad  bc^un  to  feel  the  eflects 
of  the  extortion  and  overbearing  of  monopolizing 
companies,  clothed  with  chartered  privileges  in- 


I  tended  to  be  for  the  public  ns  well  ns  prir 
I  advanla^i',  liut  nsuidly  jHTverted  to  purpo'-i's 
self  enrichment,  and  of  oppn'Msion.  'I'he  evil  | 
ain'ady  Im come  «o  scrioiiH  n«  to  rc'|uire  llie 
teiition  •  r Congress;  and  the  I'resident  Ihii^ 
commonded  tlie  suiijecL  to  its  consideration  ; 

"  Particular  ntt«'iition  is  sdlicited  to  thai  p 
tion  of  the  report  of  the  iioslmaHter-gcnc 
which  relates  to  the  carriage  of  tlie  mails  uji 
I'nited  Slates  upon  railroads  conslriicted 
privali-  eorpoiatioiis  under  the  aulhorily  of  i 
several  Slates.  'I'he  rellanci'  which  llie  genci 
governmi'iit  can  place  on  those  roads  iis  u  \x».;y 
of  carrying  on  its  operations,  and  llie  iiriiicjp 
on  which  the  u>e  of  them  is  to  he  obtiuix'd.  cii 
not  too  soon  be  considered  and  sfltlid.  Alum 
does  the  spirit  of  nionopuly  begin  to  exhiliii 
natural  propensities  in  iiUempIs  to  exai'l  I'h 
the  public,  for  services  which  it  supposes ciinn 
be oblaineil  on  oilier  terms,  the  most  extiMvapi 
compen.satioii.  If  these  claims  be  persistcil  i 
the  tpieslion  may  arise  whether  a  cumliiiiiiiii 
ofciti/cus,  acting  under  charters  nf  inc<irpiii'alii 
fr<ini  the  Slates,  can,  by  a  direct  rei'usal  or  ll 
demand  of  an  exorbitant  priciv  exclude  the  In 
led  Stales  from  the  nse  of  the  establislicd  rlim 
nels  of  communication  lielweeii  the  ililHid 
sections  of  the  country  ;  and  whethertlic  lniti 
States  cannot,  without  transcending  their  cni 
stilntional  powers,  secure  lo  the  |ios|i)|lic,.  ,|i 
partnu'ut  the  nse  of  those  mads,  by  an  arl  i 
Congress  which  shall  provide  within  itsi'K'sdii 
(Mpiitable  nxide  of  adjusting  the  amount  nf  iim 
pensation.  To  obviate,  if  po.ssible,  the  ni(v,s>it 
of  considering  this  (piesiion,  it  is  siit'i/cslc 
wliether  it  lie  not  expedient  to  lix,  by  law,  il 
amounts  which  sliall  l)e  otl'ered  to  railroinl  (nii 
panics  for  the  conveyance  of  the  mails,  gradim 
ed  according  to  their  average  weiglit,  to  Inn 
certained  and  (ieclared  by  the  postmasUv-ficn 
ral.  It  isprol>able  that  a  liberal  projidsitiiiin 
tliat  sort  would  be  accepted." 

Tlie  subject  of  slavery  took  anew  turn  ofd 
turliance  between  the  North  and  South  alu 
this  time.  Tlie  particular  form  of  annovniK 
whicli  it  now  wore  was  that  of  the  transinis 
into  the  slave  States,  through  the  United  St; 
mail,  of  incendiary  publications,  tending  to 
cite  servile  insurrections.  Societies,  individua 
and  foivigners  were  engaged  in  this  dialwlii' 
work — as  injurious  to  the  slaves  l)y  the  fiirtli 
restrictions  which  it  brought  upon  tlu'in,  as 
tlic  owners  whose  lives  and  property  wiio  ( 
dangercd.  The  President  bronglit  this  pratti 
to  the  notice  of  Congress,  with  a  view  to 
remedy.     lie  said : 

"  In  connection  with  these  provisions  in  i 
lation  to  the  post-office  department,  1  must  al 


ANNO  1h;i.-..     ANIMIF.W  JAC'KSoN,  I  ItlvMlUKNT. 


070 


,  the  iml.lic  RK  wi-n  as  i.rivat.. 

HO  s.-ri..nM  iiH  t..  rci"'"-"  »'"'  '"■ 
r>.KK;  .111.1  thi«  l'.vKHl.i.Ml«'n '>- 
Mihji'cltoUsroiisHfi-ati"": 

.,t  of  111.'  ....«< """^"•'•-^-'" ';.'•;,»' 
,i,  „H  „u.ut  tin-  "'.«'»<';''"y  "i^ ""; 

',Vu,,..niti..ns,..mn..;|.nn.i,a,> 
",  <,f  llu-ni  in  I"  >"•  V''  ""'V    "";■ 

,  'i,i,.H  in..ll.-.nl''^   t.M..wll,n,„ 
.  ,,vi<-.'«  wti'"''' '^  ^"I'l"':''""""" 
'    '    •  Mk-o  .-laiins  I..-   iKTS,.t..l  in, 
;^nulnM-l.urtns..fi...'..riH,,ano,, 

,  vi-rs,  K.r.ur  to  tlu;  ,.osl-Hn,.v  1.- 
:C..f  MioH.  rou.ls  l.y  m,  an  nf 

:;^J';;.li,l..i".t''v;"'t;;;''l;'s 

R.     ixHW-iitt..  nx,  ;yla|v.lW 
th^mU  b*M.»l•olT.Uom,l^«(l.;..ni• 
/  :    '  -unco  otHho  u.ails  ,Md^ 
Vlo    hoi?  uvc-ruge  wi-i.^ht,   olH.,.- 
d  acSan',1  by  tin.  ,„.stin»st(;v-,:i«o. 

buUl  V»i'  acociitod." 

L  of  slavery  t<u.k  am- Winn,  of  .lis- 

Itwc-cu  the  N..vll»  ""*!  Soutluil.»»t 

The  imrlicular  f..nn  of  auunyam- 
L,v..iowa8thalofthctra,««n 
L  States,  Ihrouph  the  IhiitcMlMaU* 

euaiaryp"bUoalious,te,uliu,toex. 

insvirrcctious.     Societies,  .u.lu.aal- 
s  were  en,a,ed  in  this  d... oka 
Ijnrious  to  the  slaves  by  the  furtl 

■^wh-cb  itbrouphtupontlK-n,.ii>to 
whose  lives  ami  property  were. ii- 

,  The  President  brought  this  ,.r.cUce 

lice  of  Congress,  with  a  view  to  .u 

)Ic  paid ; 


invite  your  ntlcntion  lo  f1i<>  iiniiifiil  exeifcini'?tt 
prdilnerd  in  llif  South  l>y  iillrnipls  to  cireulMte 
thrill;;!)  Iheinitilsiiitlaniiiiiitury  iippenNtiildreHsi'd 
ti)  till'  piissionN  of  the  slaves,  in  priiilM,  and  in 
viiriiiiiH  hoi'Im  (if  |iiihliriiliiiiiH,  I'lilnilnled  to  r*liinii- 
Inti'  llieni  to  iiiMiirre<Mioii,  iiml  to  priidiiri'all  th*- 
i)i)ri(Mi*  of  a  servile  war.  There  Im  doiihlleNM  no 
iT>-|irrtHltle  porlinn  of  our  eoiiiilrynien  wlio  run 
1,1' H(i  fur  misleil,  iim  to  feel  any  other  sentiment 
tliaii  tliiit  of  iiiili^'iianl  rej^ret  at  eoniiiiet  ho  de- 
slniclive  of  the  liiimiony  and  peaee  of  the  eoun- 
tiy,  mid  HO  lepii^rniint  to  the  prineipies  of  our 
iiiilimml  roni|met  and  to  thediclateHof  Imnmnity 
mill  relijrion.  Oiir  happiness  and  prowperity 
iKHi'iitiidly  depend  upon  peaee  within  our  hor- 
(liT":  and  peaee  de|iends  iipun  the  mainlenanee, 
ill  piiid  fiilh,  of  those  eoniprnniises  of  the  eon- 
HtitnliiiM  upon  which  the  I'liion  is  fonnded.  It 
Ih  i'lrliinale  for  the  eonntry  that  the  nuod  neiiMe, 
tJie  ireiieroiis  feelinjr,  and  the  deep-rooted  at  taeh- 
iiunl  lift  lie  people  oflhenon-sliiveholdinn  Slates, 
tiitlie  Union,  and  to  their  fellow-citizens  of  the 
Kline  lildod  in  llie  Sontli,  Imve  ^;iven  ho  ntroiifr 
mill  iinpret-sive  a  lone  to  the  Kcntinienls  enter- 
taiiieil  ii;;;iinsl  the  procei'din^^s  of  the  misjiiirnled 
|HiMinM  who  have  en;;.i;,'ed  in  tliesi-  nneonslitii- 
tiiiiinl  and  wicked  uttenipts,  and  eH|H'cially 
nu'iiiii'^t  the  endssiiries  from  forei^rii  purls,  who 
liive  limed  to  interfere  in  this  matter,  as  lo  aii- 
lli(ii'i/e  llie  hope  that  tho.e  uttenipts  will  no 
I'lvjerlie  peisisted  in.  Ihil  if  these  expresnions 
iil'llio  piihlie  will,  shall  not  he  snllicieiit  lo  eli'eet 
fiMJesirulile  a  residt,  not  a  doiiht  can  he  enter- 
t;iiiieil  thai  the  non-Hlavidiolihin;  States,  ho  far 
IViiin  ciiiiiilenancin}?  the  sli^rhtest  inlerferenee 
willi  llie  ennslitnfionul  rii^hts  of  the  Sonlh,  will 
lie  pioinpl  to  ex«'rcist'  llieir  authority  in  niip- 
invssiii;;,  so  fur  as  in  I  hem  lies,  wliatever  is  cal- 
(•iil;ili(l  In  jinxhiee  this  evil.  In  leaviii(?  the 
ciiv  (il'dlher  hranehcH  of  this  inlereHlin^c  hiiIi- 
jirt  III  the  Stale  antiiorities,  lo  whom  they  pro- 
|crly  licloiif;,  it  is  neverlheleKs  projier  for  C'oii- 
^'le-s  lo  luke  such  meiisnres  as  will  prevent  the 
]ii)s|-ii|lice  department,  which  was  desicrued  lo 
foster  nil  amicahle  intercourse  and  coirespond- 
t'lice  hetweeii  all  the  members  of  the  confeiler- 
acy.  fnmi  hein;?  used  as  an  instrument  of  an  op- 
|iiisite  cliaraeler.  The  fjeneral  pivernment,  lo 
wliieli  Die  threat  trust  is  coiilided  of  preserving 
iiivii)lulu  the  relations  created  amoiip;  the  States, 
liy  the  cdiistitiitiun,  is  especially  bound  to  avoid 
iiiits  own  action  any  thin<i;  that  may  disturb 
them.  I  winild,  therefore,  call  the  special  atten- 
tion of  C'onj;;ress  to  the  snliject,  and  respectfully 
sii:.'p;est  the  propriety  of  passing;  such  a  law  as 
will  prohibit,  under  severe  iicnilties,  the  circu- 
lation in  the  Southern  States,  throu<?h  the  mail, 
ofinreniliary  publications  intended  to  instigate 
the  slaves  to  insurrection." 

The  President  in  this  impressive  paragraph 
makes  a  just  distinction  between  the  conduct 
of  misguiiled  men,  and  of  wicked  emissaries,  en- 
gaged in  disturbing  the  harmony  of  the  Union, 


and  ihe  palrioiie  people «)f  the  non-shiveholdinj^ 
Stales  who  dis(  iiiiiteiiance  their  work  and  re- 
preHS  their  luhors.  'I'hu  former  receive  Iho 
brand  of  reprolmlioii.  and  are  pointed  out  for 
criminal  lep:iv|iiiion:  the  luller  receive  Ihe  ap- 
pluii-e  due  to  piod  citizens. 

The  President  concludeH  this  mesHujfe,  as  ho 
had  done  miiiiy  others,  with  a  rei'iirrenee  to  Iho 
necessity  of  reform  in  the  mode  of  electing  the 
two  first  oflleers  of  llie  Kepublic.  His  con- 
victions must  have  been  deep  and  strong  lliiiH 
to  bring  liim  back  so  many  times  to  the  fiinda- 
me"»al  point  of  direct  electioiw  by  tlio  |M'oph), 
and  lolal  siippression  ofiill  intennediute  agen- 
cies.    Il(!  says  : 

"  F  felt  it  to  be  my  duty  in  the  first  mesnagw 
which  I  communicated  to  t'oiigress,  to  urge  upon 
its  attention  Ihe  propriety  of  amending  that  |iart 
of  the  consliliilioii  whicli  provides  for  the  elec- 
tion of  the  I'resiileiil  and  the  Vice-President  of 
Ihe  rniled  Stales,  '{'hi'  lending  object  which  I 
hud  in  view  was  the  adoption  of  some  new  pro- 
vision, which  would  Kcciire  lo  the  people  flio 
peiforinance  of  this  high  duty,  withoni  any  in- 
lermediule  agency.  In  my  aiiinml  eoinmuniea- 
lions  Hince,  I  have  enforced  Ihe  same  vii'ws, 
from  a  sincere  conviction  that  the  'le^l  inlerols 
of  iIk'  eonntry  would  he  promnled  hy  their 
adoption.  If  the  Hulijeet  were  an  onlinary  one, 
I  should  have  regarded  the  fuiliire  of  Coiigress 
to  act  upon  it,  as  an  indieution  of  their  jiidg- 
menl,  that  the  diHadvantages  which  helonj,'  to  tho 
present  system  wereuol  so  great  as  tho>e  which 
would  result  from  any  altainahle  Hubslilnle  that 
had  been  submitted  to  their  consideialion.  iJe- 
collectimr,  however,  that  pro[iosilions  lo  intro- 
duce a  new  feature  in  our  fiinduineiiliil  laws 
cannot  Ik;  loo  patiently  examined,  and  ought 
not  to  be  received  willi  favor,  until  Ihe  great 
body  of  the  people  are  thoroughly  impressed 
with  their  necessity  and  value,  as  a  remedy  for 
real  evils,  T  fee!  that  in  renewing  Ihe  reeom- 
mendatioii  I  liave  heretofore  miule  on  this  sub- 
Ject,  I  am  not  transcending  the  houndsof  a  just 
defereiict!  to  the  sen.sc  <if  C'ongresM,  or  lo  Ihe 
disposition  of  the  j)eople.  However  much  wt! 
may  diller  in  the  choice  of  the  measures  which 
should  guide  the  administration  of  the  govern- 
ment, there  can  be  hut  little  doubt  in  the  minds 
of  those  who  are  really  friendly  to  the  repub- 
lican features  of  our  system,  that  one  of  its  most 
important  securities  consists  in  the  separation 
of  the  legislative  and  executive  powers,  at  the 
same  time  that  each  is  held  responsible  to  tho 
great  source  of  authority,  which  is  acknowledged 
to  be  suj)rcme,  in  the  will  of  the  people  consti- 
tutionally expressed.  My  reflection  and  experi- 
ence satisfy  me,  that  the  frainers  of  the  consti- 
tution, although  they  were  anxious  to  mark 
this  feature  as  a  .settled  and  fixed  piinciple  in 
the  structure  of  the  government,  did  not  adopt 


576 


THIRTY  YKARS'  VIKW. 


all  the  precautions  that  wore  necessary  to  se- 
cure its  practical  obserA'nnce,  and  tlint  we  cannot 
be  said  to  have  carried  into  complete  effect  their 
intentions  until  the  evils  which  arise  from  this 
organic  defect  are  remedied.  All  history  tells 
tis  that  a  free  pi-ople  should  be  watchful  of  dele- 
gated power,  and  should  never  acquiesce  in  a 
I)ractice  which  will  diminish  their  control  over 
it.  This  obligation,  so  universal  in  its  apjilica- 
tion  to  all  the  i)rinciples  of  a  Republic,  is  pecu- 
liarly so  in  ours,  where  the  formation  of  parties, 
foimded  on  sectional  interests,  is  .so  much  fos- 
tered by  the  extent  of  our  territory.  These 
interests,  represented  by  candidates  for  the 
I'residency,  are  constantly  prone,  in  the  zeal  of 
party  and  .sellish  objects,  to  generate  influenres. 
unmindful  of  tlie  general  good,  and  forgetful  if 
the  restraints  whicli  the  great  body  of  the  pe( - 
pie  would  enforce,  if  they  were,  in  no  contingen- 
cy to  lose  the  right  of  expressing  their  will. 
The  expiriencc  of  oiu*  country  from  the  form.v 
tion  of  the  government  to  the  present  day,  de- 
monstrates that  the  people  cannot  too  soon 
adopt  some  stronger  safeguard  for  their  right  to 
elect  ilie  highest  officers  known  to  the  constitu- 
tion, than  is  contained  in  that  sacred  instrument 
as  it  uow  stands." 


CHAPTKli    CXXX. 

ABOLITION  OF  8LAVKUV  IN  TIIK  DISTUICT  OF 
COHLMIUA. 

Mu.  Buchanan  presented  the  memorial  of  the 
religious  soeict}'  of  "  Friends,"  in  the  State  of 
Pennsylvania,  adopted  at  their  Cain  quarterly 
meeting,  requesting  Congress  to  abolish  slavery 
and  the  slave  trade,  in  the  District  of  Columbia. 
He  said  the  memorial  did  not  emanate  from  fana- 
tics, enduavoiing  to  disturb  the  peace  and  secu- 
rity of  sociity  in  the  Southern  States,  by  the  dis- 
tribution of  incendiary  publications,  but  from  a 
society  of  Christians,  whose  object  had  always 
been  to  promote  good-will  and  peace  among 
men.  It  was  entitled  to  respect  from  the  cha- 
racter of  the  memorialists;  but  he  dissented 
from  the  opinion  which  they  expressed  and  the 
request  which  they  made.  The  constitution 
recognized  slavery ;  it  existed  here ;  was  found 
here  when  the  District  was  ceded  to  the  United 
States ;  the  slaves  here  were  the  property  of  the 
inhabitants ;  and  he  was  opposed  to  the  disturlj- 
ance  of  their  rights.  Congress  had  no  riglit  to 
interfere  with  slavery  in  the  States.  That  was 
determined  in  the  first  Congress  that  ever  sat — 


in  the  Congress  which  commenced  in  178! 
ended  in  ll'Jl  -  and  in  the  first  session  of 
Congress.  The  Religious  Society  of  Fr 
then  petitioned  Congress  against  slavery,  n 
was  resolved,  in  answer  to  that  petition, 
Congress  had  no  authority  to  interfere  ii 
emancipation  of  slaves,  or  with  their  treati 
in  any  of  the  States :  and  that  was  the  an 
still  to  be  given.  He  then  adverted  to  the 
cuuistances  under  which  the  memorial  was 
sented.  A  number  of  fanatics,  led  on  by  foi 
incendiaries,  have  been  scattering  firebi 
through  the  Southern  States — publications 
pictures  exciting  the  slaves  to  revolt,  and  ti 
destruction  of  their  owners.  Instead  of  1 
fiting  the  slaves  by  this  conduct,  they  do  i 
the  greatest  injury,  causing  the  bonds  ti 
drawn  tighter  upon  them;  and  j)ostponing  ei 
cipation  even  in  those  States  which  might  c 
tually  contemplate  it.  These  were  his  opii 
on  slavery,  and  on  the  prayer  of  this  menu 
lie  was  opposed  to  granting  the  prayer,  but 
in  favor  of  receiving  the  petition  as  the  sii 
one  had  been  received,  in  1790,  and  giving  ii 
same  answer ;  and,  he  had  no  doubt,  with 
same  happy  effect  of  putting  an  end  to 
applications,  and  giving  peace  and  quiet  ti 
country.  lie  could  not  vote  for  the  nuitii 
the  set  ator  from  Soiith  Carolina,  Mr.  Call 
to  ri^ec'  it.  He  thought  rejection  wouli 
flame  tlie  (juestion :  reception  and  conduniii 
would  quiet  it.  Mr.  Calhoun  had  moved  t 
ject  all  petitions  of  the  kind — not  njcct 
their  merits,  after  consideration,  but  iJ 
hand,  when  presented  for  reception.  ThiJ 
the  starting  point  of  a  long  and  acriinoj 
contest  in  the  two  Houses  of  Congress,  in  J 
tlie  right  of  petition  was  maintained  on  onJ 
and  the  good  policy  c  quieting  the  qucstiif 
reception  and  rejection :  on  the  other  sidi",  il 
held  that  the  rights,  the  peace,  and  the  dil 
of  the  States  required  all  anti-slavery  pelf 
to  be  repulsed,  at  the  first  presentation,  wil 
reception  or  consideration.  The  author  o( 
View  aspired  to  no  lead  in  conducting  this 
tion ;  he  thought  it  was  one  to  be  sttll(| 
policy ;  that  is  to  say,  in  the  way  that 
soonest  quiet  it.  He  thought  there  was  iJ 
line  of  distinction  between  mistaken  ]i 
thropists,  i'nd  mischievous  incendiaries— a| 
tween  the  free  States  themselves  and  the 
diary  societies  and  individuals  within  thuiil 


ANNO  1836.     ANDREW  JACKSON.  rRl<:SIDENT. 


577 


which  commenced  i" 
n^  i„  the  r.rst  session  of  limt 

ConK^'ss  against  slavery,  an   . 

nTnswcr  to  that  peUt-n,  that 

;  authority  to  mtevferc  m  the 

.laves,  or  .ith  their  treatment. 

tats:  and  that  was  the  answer 

'  II    then  aavertccl  to  the  e,r- 

^-r  wiach  the  memonai  was  i>a.- 

vl,  of  fanatics,  led  on  by  o,e.,n 

;  !e   been    BcatterinR    In-e^-mls 

n     „  ^tate8-lntblicatlons  ai.-l 

Southern  btau  8     i  „„,i  *„  tk 

in.'thes\avestorevoU,an.ltoUu 

'  "  i«ctoiid  of  1)0111- 

,f  tiu-ir  owners.     lns>ttau 

;,     ,ythiscond«et,theydoth™ 

niury,  causing  the  bonds  to  1. 
:;^.,n^henr,androstpouuv.en.n. 
;^hose  States  which  nushteyo. 
Tit     These  were  his  oiMmum 
■mphiteit.  .„    _rt,ji8  „u>n.oml. 

andonthepraF-ft-      ^^^^^^^^^ 

losed  to  granting  tl  t  pi  i  _ 

^^""The'ac-douHwitiiO. 

r^      deriving  peace  and  quiet  to  Ik 
,s,and  6'"'-/^^t„f^i.thenu.ti.m»( 
^^Tsnll^^C-bna,  Mr.  0.1.0. 
VTet^^U  ejection  woul,l.n. 
on    vectptionandconaen.uU.. 
:^:t    ^h•Oafhounhadnloveato.. 
'  f  the  kiud-not  reject  uv^ii 
petitions  of  tht  kimi 

•its    after  consideration,  »^" 

rood  poUcy       I  ^.^^1^.  ,t ,,,, 

„arc^ec^-;n^^,^,,,ai,«i.y 

the  rigbts,  th^  P'*    '  .  ,,   ,  petiliom 
tates  required  aUaiU^-^^a^^^^^^^^^^ 
adscd,atthehrstpiesen        ^^^^^, 

.^^rti:n;ci^^^".ti,i..- 

^irodtonoUaam 

,  thought  it  was  on    to  be         ^^^^^^^^^ 

^uiet  it.    He  tUou„  ,,i,,„ 

distinction  bctwcLu  i.oi,v 


took  an  cnrly  moment  to  express  these  opinions 
in  order  to  set  up  the  line  between  what  was 
mistake  and  what  was  crime — and  between  the 
acts  of  individuals,  on  one  hand,  and  of  States, 
on  the  other ;  and  in  that  sense  delivered  the 
following  speech : 

'•  Mr.  Benton  rose  to  express  liis  concurrence 
in  tlie  suggestion  of  the  senator  from  Pennsyl- 
vania (Mr.  Buchanan),  that  the  consideration 
of  tliis  subject  be  postponed  until  Monday.    It 
had  come  up  suddenly  and  unexpectedly  to-day, 
and  the  postponement  would  give  an  opportunity 
for  senators  to  reflect,  and  to  confer  together, 
and  to  conclude  what  was  best  to  be  done,  where 
all  were  united  in  wiehing  the  same  eiul,  namely, 
to  allay,  and  not  to  produce,  excitement.    He 
had  risen  for  this  purpose ;  but,  being  on  his 
foot  he  would  say  a  few  words  on  the  general 
smbjcet,  which  the  presentation  of  these  peti- 
tions had  so  suddenly  and  unexpectedly  brought 
\ip.    With  respect  to  the  petitioners,  and  those 
with  whom  they  acted,  he  had  no  doubt  but 
that  many  of  them  were  good  people,  aiming  at 
kncvoleiit  objects,  and  endeavoring  to  amelior- 
ate tlic  condition  of  one  part  of  the  human  race, 
without  inflicting  calamities  on  another  part; 
hut  tliey  were  mistaken  in  their  mode  of  pro- 
wi'ding ;  and  so  far  from  accomplishing  any  part 
of  their  object,  the  whole  cfTcct  of  their  inter- 
position was  to  aggravate  the  condition  of  those 
in  whose  behalf  they  were  interfering,     iflit 
there  was  another  psirt,  and  he  meant  to  speak 
of  the  abolitionists,  generally,  as  the  body  con- 
taining the  part  of  which  he  spoke ;  there  was 
anotlicr  part  whom  he  could  not  qualify  as  good 
l«iple,  seeking  benevolent  ends  by  mistaken 
nuuns,  but  as  incendiaries  and  agitators,  with 
(liatiolical  objects  in  view,  to  be  accomplished  by 
wicked  and  deplorable  means.     He  did  not  go 
into  tlic  proofs  now  to  establish  the  correctness  of 
his  opinion  of  this  latter  class,  but  he  presumed 
it  would  bo  admitted  that  every  attempt  to  work 
upon  the  jiassions  of  the  slaves,  and  to  excite 
ihcm  to  murder  their  owners,  was  a  wicked  and 
diabolical  attempt,  and  the  work  of  a  midnight 
Incendittry.    Pictures  of  slave  degradation  and 
misery,  and  of  the  white  man's  luxury  and  cru- 
[tlty,  were  attemjjts  of  this  kind  ;  for  they  were 
ipiK'als  to  the  vengeance  of  slaves,  and  not  to 
the  intelligence  or  reason  of  those  who  Icgis- 
itcd  for  them.    He  (Mr.  B.)  had  liad  many 
ctures  of  this  kind,  as  well  as  many  diabolical 

Vol.  I.— 37 


publications,  sent  to  him  on  this  subject,  during 
the  la.st  summer;  the  whole  of  which  ho  had 
east  into  the  fire,  and  should  not  have  thought 
of  referring  to  the  circumstance  at  this  time,  as 
displaying  the  character  of  the  incendiary  part 
of  the  abolitionists,  had  he  not,  within  these  few 
days  pu.st,  and  while  abolition  petitions  wore 
pouring  into  the  other  end  of  the  CajMtol,  re- 
ceived one  of  these  pictures,  the  design  of  which 
could  be  nothing  but  mischief  of  the  blackest 
dye.    It  was  a  print  from  an  engraving  (and  Mr. 
B.  exhibited  it,  and  handed  it  to  senators  near 
him),  representing  ,  large  and  spreading  tree  of 
liberty,  beneath  whose  ample  shide  a  slave  own- 
er was  at  one  time  luxuriously  reposing,  with 
slaves  fanning  hi  n  ;  at  another,  carried  forth  in 
a  palanijuin,  to  view  the  iialf-naked  laborers  in 
the  cotton  field,  whom  drivers,  with  whips,  were 
scourging  to  the  task.    The  print  was  evidently 
from  the  abolition  mint,  and  caino  to  him  by 
some  other  conveyance  than  that  of  the  mail, 
for  there  was  no  post-mark  of  any  kind  to  iden- 
tify its  origin,  and  to  indicate  its  line  of  march. 
For  what  purpose  could  such  a  picture  be  in- 
tended, unless  to  inflame  the  passions  of  slaves  1 
And  why  engrave  it,  except  to  multiply  copies 
for  extensive  distribution  ?    But  it  was  not  pic- 
tures alone  that  operated  upon  the  passions  of 
the  .slaves,  but  speeches,  publications,  petitions 
presented  in  Congress,  and  the  wliole  machinery 
of  abolition  societies.    None  of  these  things  wont 
to  the  understandings  of  the  slaves,  but  to  their 
passions,  all  imperfectly  understood,  and  inspir- 
ing vague  hopes,  and  stimulating  abortive  and 
fatal  insurrections.    Societies,  especially,  were 
the  foundation  of  the  greatest  mischiefs.    What- 
ever might  be  their  objects,  the  slaves  never  did, 
and  never  can,  understand  them  but  in  one  way : 
as  allies  organized  for  action,  and  ready  to  march 
to  their  aid  on  the  first  signal  of  insurrection  !' 
It  was  thus  that  the  massacre  of  San  Domingo 
was  made.    The  society  in  Paris,  Les  Amis  des 
Noirs,  Friends  of  the  Blacks,  with  its  afliliated 
societies  throughout  France  and  in  London,  made 
that  massacre.     And  who  composed  that  socie- 
ty ?     In  the  beginning,  it  comprised  the  ex- 
tremes of  virtue  and  of  vice;  it  contained  the 
best  and  the  bases'  of  human  kind  !     Lafayette 
and  the  Abbe  Gregoire,  those  purest  of  philan- 
thropists ;   and  Marat  and  Anacharsis  Clootz, 
those  imi)S  of  hell  in  human  shape.    In  the  end' 
(for  all  such  societies  run  the  7.ame  career  of  de- 


C78 


THIRTY  YEARS'  VIEW. 


Mi'-}' 


:'■■:  t 


l"1--C 


t* 


Hi- 


til- 


-&i 


Mi 


4  f 


.•i  ■•,'!*■ 


>-'! 


generation),  the  good  men,  difigtiRtcd  with  their 
asBOciatoH,  retired  from  the  scene ;  and  the 
wicked  ruled  at  pleasure.  Declamations  against 
slavery,  publications  in  gazettes,  pictures,  j)eti- 
t'ons  to  th^  constituent  assembly,  were  the  mode 
of  proceeding ;  and  the  fish-women  of  Paris — 
he  said  it  with  humiliation,  because  American 
Ibmales  had  signed  the  petitions  now  before  us 
— the  fish-women  of  Paris,  the  very  pnissnrdm 
from  the  quays  of  the  Seine,  became  the  obstre- 
perous champions  of  West  India  emancipation. 
The  effect  upon  the  French  islands  is  known  to 
the  world ;  but  what  is  not  known  to  the  world, 
or  not  sufliciently  known  to  it,  is  that  the  same 
societies  which  wrapt  in  flames  and  drenched  in 
blood  the  beautiful  island,  which  was  then  a 
garden  and  is  now  a  wilderness,  were  the  means 
of  exciting  an  insurrection  upon  our  own  conti- 
nent :  in  Louisiana,  where  a  French  slave  popu- 
lation existed,  and  where  the  language  of  Lcs 
Amis  (Ics  NoirscoxM  be  understood,  and  where 
their  emissaries  could  glide.  The  knowledge 
of  this  event  (Mr.  B.  said)  ought  to  be  better 
known,  both  to  show  the  danger  of  these  socie- 
ties, however  distant,  and  though  oceans  may 
roll  lu'tween  them  and  their  victims,  and  the 
fate  of  the  slaves  who  may  be  excited  to  insur- 
rection by  them  on  any  part  of  the  American 
continent.  lie  would  read  the  notice  of  the 
event  from  the  work  of  Mr.  Charles  Gayarre, 
lately  elected  by  his  native  State  to  a  scat  on 
this  floor,  and  whose  resignation  of  that  honor 
he  sincerely  regretted,  and  particularly  for  the 
cause  which  occasioned  it,  and  which  abstracted 
talent  from  a  station  that  it  would  have  adorned. 
Mr.  1$.  read  from  the  work,  '■  Essai  Hist  or  ((pie 
sur  la  Louisiaiie : '  '  The  white  population  of 
Louisiana  was  not  the  only  part  of  the  popida- 
tion  whica  was  agitated  by  the  French  revolu- 
tion. The  blacks,  encouraged  without  doubt  by 
the  success  which  their  race  had  obtained  in  San 
Domingo,  dreamed  of  liberty,  and  sought  to 
shake  off  the  yoke.  The  insurrection  was  plan- 
ned at  Pointc  Coupee,  which  was  then  an  iso- 
lated parish,  and  in  which  the  number  of  slaves 
was  considerable.  The  conspiracy  took  birth  on 
the  plantation  of  Mr.  Jidien  Poydras,  a  rich 
planter,  who  was  then  travelling  in  the  United 
States,  and  spread  itself  rapidly  throughout  the 
parish.  The  death  of  all  the  whites  was  re- 
solved. Happily  the  conspirators  could  not 
agree  upon  the  day  for  the  massacre ;  and  from 


this  disagreement  resulted  a  quarrel,  whicli 
to  the  discovery  of  the  plot.  The  militia  of 
parish  immediately  took  arms,  and  the  Bi 
de  Carondelct  caused  them  to  be  supporter 
the  troops  of  the  line.  It  was  resolved  tr 
rest,  and  to  punish  the  principal  conspiral 
The  slaves  opposed  it ;  but  they  were  quii 
dispersed,  with  the  loss  of  twenty  of  their  n 
her  killed  on  the  spot.  Fifty  of  the  insurgi 
were  condemned  to  death.  Sixteen  were 
cuted  in  different  parts  of  tin  parish  ;  the 
were  put  on  board  a  galley  and  hung  at  ir 
vals,  all  along  the  river,  as  far  as  New  Orli 
(a  distance  of  one  hundred  and  fifty  mi! 
The  severity  of  the  chastisement  intimidated 
blacks,  and  all  returned  to  perfect  order.' 

"  Resuming  his  remarks,  Mr.  B.  said  he 
read  this  passage  to  show  that  our  white  pi 
lation  had  a  right  to  dread,  nay,  were  boum 
dread,  the  mischievous  influence  of  these  f 
eties,  even  when  an  ocean  intervened,  and  in 
more  when  they  stood  upon  the  same  hci 
phere,  and  within  the  bosom  of  the  same  coiin 
He  had  also  read  it  to  show  the  miserable  fat 
their  victims,  and  t>>  warn  all  that  were  p 
and  virtuous — all  that  were  honest,  btit  mista 
— in  the  three  hundred  and  fifty  affiliated 
cieties,  vaunted  by  the  individuals  who  s 
themselves  their  executive  committee,  and 
date,  from  the  commercial  emporium  of 
Unlbn,  their  high  manifesto  agains,  the  Pi 
dent ;  to  warn  them  at  once  to  secede  from 
sociations  which,  whatever  may  be  their  dcsi 
can  have  no  other  effect  than  to  revive  in 
Southern  States  the  tragedy,  not  of  San  Doi 
go,  but  of  the  parish  of  Pointe  Coupei?. 

"Mr.  B.  went  on  to  say  that  these  societies 
already  perpetrated  more  mischief  than  thcj 
remainder  of  all  their  lives  spent  in  prayeri 
contrition,  and  in  w^orks  of  retribution,  a 
ever  atone  for.    They  had  thrown  the  stat< 
the  emancipation    question    fifty  years  b 
They  had  subjected  every  traveller,  and  c 
emigrant,  from  the  non-slaveholding  State; 
be  received  with  coldness,  and  viewed  with 
picion  and  jealousy,  in  the  slaveholding  Sti 
They  had  occasioned  many  slaves  to  lose  t 
lives.     They  had  caused  the  deportation  of  n 
ten  thousands  from  the  grain-growing  to 
planting  States.    They  had  caused  the  privil 
of  all  slaves  to  bo  curtailed,  and  their  bond 
be  more  tightly  drawn.    Nor  wai  the  mis( 


rv  I 


m 


m 


ANNO  1835.     ANDREW  JACKSON,  PRESIDENT. 


679 


■nt  resulted  a  quarrel,  which  led 
,  of  the  plot.    The  militia  of  the 
itely  took  arms,  and  the  Baron 
^aused  them  to  he  supported  by 
the  line.    It  was  resolved  to  ar- 
unish  the  principal  conspirHtorK. 
.posed  if,  hut  they  were. purkly 
,  the  loss  of  twenty  of  their  num. 
the  spot.    Fifty  of  the  insurgents 
,ed  to  death.     Sixteen  were  exi- 
rent  parts  of  tin  parish  J  the  rest 
board  a  galley  and  huuK  at  inter- 
rtheriver,a8fara8NewOrWan8 
If  one  hundred  and  fifty  nuU.), 
of  the  chastisement  intimidated  tlic 
lU  returned  to  perfect  ordi^; 
,K  his  remarks,  Mr.  «.  said  he  1«.'. 

iapc  to  show  that  our  white  popu- 

riRht  to  dread,  nay,  were  hound  tn 

mischievous  influence  of  these  Hon- 

vhen  an  ocean  intervened,  and  imich 

;  they  stood  upon  the  same  luims- 

.vithiuthehosom  of  the  same  country 

3readittoHhowthemi8cruhlefute« 

^s,andt..  warn  all  that  were  fro.! 

,^lall  that  werehonest, hut  mistaken 

three  hundred  and  fifty  afliliated  su- 

anted  by  the  individuals  who  stj  c 

,  their  executive  committee,  an.  who 

^  the  commercial  emporium  o   tl,. 

irhigh  manifesto  agains.  thelrcsi- 

,ain  them  at  onco  to  secede  from  as- 

which,  whatever  may  he  their  dcsps, 

,o  other  eftect  than  to  revive  m  the 

states  the  tragedy,  not  of  San  Domm. 

the  parish  of  Pointe  Coupee, 
wenton  to  say  that  these  socictiesha 
rpetrated  more  mischief  than  the  jom 
ofall  their  lives  sFnt  in  prayers  0 
and  in  works  of  retribution,  could 
.  for     They  had  thrown  the  slat*  of 
.ipaiion    question    fifty  years  lacL 
•   '.bjected  every  traveller,  and  cvcy 
from  the  non-slaveholding  States,  to 
>d  with  coldness,  and  viewed  wilhsm. 
jealousy,  in  the  Blaveholdin,  St  e 
occasioned  many  slaves  to  lose  tk 
.eyha.1  caused  the  deportation  of  mny 
amis  from  the  grain-growing  to  the 
'states.    They  had  caused  the  pnve^' 
es  to  bo  curiled.  and  their  bonds  t 

tightly  drawn.    Nor  wa.  the  in.BchK( 


of  tlieir  conduct  confined  to  slaves ;  it  reached 
the  free  colored  people,  and  opened  a  sudden  gulf 
of  misery  to  that  population.    In  all  the  slave 
States,  this  population  has  paid  the  forfeit  of 
tliL'ir intermediate  position ;  and  sulTered  proscrijy- 
tion  as  the  instruments,  real  or  suspected,  of  the 
abolition  societies.    In  all   these  States,  their 
exodus  iiad  either  been  enforced  or  was  iinpend- 
in<'.    In  Missouri  there  was  a  clause  in  the  con- 
litutioii  which  prohibited  their  emigration  to  the 
State ;  but  that  clause  had  remained  a  dead  let- 
ter in  the  book  until  the  agitation  produced 
aiiKing  the  slaves  by  the  distant  rumbling  of  the 
aliulitioii  thunder,  led  to  the  knowledge  in  some 
instances,  and  to  the  belief  in  others,  that  these 
iieniile  were  the  antennuc  of  the  abolitionists ;  and 
their  medium  for  communicating  with  the  slaves, 
mid  fur  exciting  them  to  desertion  first,  and  to 
iiijiinection  eventually.     Then  ensued  a  painful 
sane.    The  iieople  met,  resolved,  and  prcscribisd 
thirty  days  for  the  exodu.s  of  the  obnoxious 
i;istf.    Under  that  decree  a  general  emigration 
h;id  to  take  [)lace  at  the  commencement  of  win- 
ter,   Many  worthy  and  industrious  people  had 
to  quit  their  business  and  tlieir  homes,  and  to 
I'D  forth  under  circumstances  which  rendered 
them  objects  of  suspicion  wherever  they  went, 
and  sealtd  the  door  against  the  acquisition  of 
new  fi'ieuds  while  depriving  them  of  tiie  pro'.;cc- 
tiun  of  old  ones.     He  (Mr.  B.)  had  witnessed 
many  instances  of  this  kind,  and  had  given  cer- 
tifiiiites  to  several,  to  show  that  they  were  ban- 
i-hed,  not  for  their  oflences,  but  for  their  mis- 
fortunes; for  the  misfortune  of  being  allied  to 
tlieiace  which  the  abolition  societies  had  made 
tlie  object  of  their  gratuitous  philanthropy. 

Having  said  thus  much  of  the  abolition  so- 
cieties in  the  non-slaveholding  States,  Mr.  B. 
turned,  with  pride  and  exultation,  to  a  different 
theme— the  conduct  of  the  great  body  of  the 
people  in  all  these  States.     Ikfore  he  saw  that 
[Conduct,  and  while  the  black  question,  like  a 
portciitons  cloud  was  gathering  and  darkening 
in  tiie  Northeastern  horizon,  he  trembled,  not 
ir  the  South,  but  for  the  Union.     lie  feared 
lathesaw  the  fatal  work  of  dissolution  about 
begin,  and  the  bonds  of  this  glorious  confed- 
incy  about  to  snap ;  but  the  conduct  of  the 
at  body  of  the  people  in  all  the  non-slavehold- 
(!  States  quickly  dispelled  that  fear,  and  in  its 
aw  planted  deep  the  strongest  assurance  of  the 
mony  aud  indivisibility  of  the  Union  which 


he  had  felt  for  many  years.  Their  conduct  was 
above  all  praise,  above  all  thanks,  above  all  grati- 
tude. They  had  chased  off  t  he  foreign  emissaries, 
silenced  the  gabbling  toiig-.ies  of  female  dujics, 
and  dispersed  the  assemblages,  whether  fanatical, 
visionary,  or  incendiary,  of  all  that  congregated 
to  preach  against  evils  which  atllicted  others, 
not  them ;  and  to  propose  remedies  to  aggravate 
the  disease  which  they  pretended  to  cure.  They 
had  acted  with  a  noble  spirit.  They  had  exert- 
ed a  vigor  beyond  all  law.  They  had  obeyed 
the  enactments,  not  of  the  statute  book,  but  of 
the  heart;  and  while  that  spirit  was  in  '<e  heart, 
he  cared  nothing  for  laws  written  in  a  book. 
lie  wouM  rely  upon  that  spirit  to  complete  the 
good  work  it  has  begun ;  to  dry  up  these  societies ; 
to  separate  the  mistaken  philanthropist  from  the 
reckless  fanatic  and  the  wicked  incendiary,  and 
put  an  end  to  publications  and  petitions  which, 
whatever  may  be  their  design,  can  have  ro  other 
effect  than  to  impede  the  object  which  they  in- 
voke, and  to  agg'-avate  the  evil  which  they  de- 
plore. 

"  Turning  to  the  immediate  question  before 
the  Senate,  that  of  the  rejection  of  the  petitions, 
Mr.  B.  said  his  wish  was  to  give  that  vote  which 
would  have  the  greatest  effect  in  putting  down 
these  societies.  He  ihoiight  the  vote  to  be  given 
to  be  rathe,  one  of  expediency  than  of  constitu- 
tional oblij^ation.  The  clause  in  the  constitution 
so  often  quoted  in  favor  of  the  right  of  petition- 
ing for  a  redress  of  grievances  would  seem  to  him 
to  apply  rather  to  the  grievances  felt  by  our- 
selves than  to  those  felt  by  others,  and  which 
others  might  think  an  advantage,  what  wo 
thought  a  grievance.  The  jMititicners  from  Ohio 
think  it  a  grievance  that  the  people  of  the  Dis- 
trict of  Columbia  should  suffer  the  institution 
of  slavery,  and  pray  for  the  redress  of  that  griev- 
ance; the  people  of  the  District  think  the  insti- 
tution an  advantage,  and  want  no  redress  ;  now, 
which  has  the  right  of  petitioning  ?  Looking  to 
t'e  past  action  of  the  Senate,  Mr.  B.  saw  that, 
about  thirty  years  ago,  a  petition  against  slavery, 
and  that  in  the  Slates,  was  presented  to  this 
body  by  the  society  of  Quakers  in  Pennsylvania 
and  New  Jersey ;  and  that  the  same  question 
upon  its  reception  was  made,  and  decided  by 
yeas  and  nays,  19  to  9,  in  favor  of  receiving  it. 
lie  read  the  names,  to  show  that  the  senators 
from  the  slave  and  non-slaveholding  States  voted 
some  for  and  some  against  the  reception,  accord- 


■>^ 


iM\ 


I    ^^^:m 


1'     ^  ! 


; -i 


■!':■,::  ■' 


i|  ■■  I 


mi 


t-  .;    !■  "i 


580 


'^. 


THIRTY  YEARS'  VIEW. 


ing  to  each  one's  opinion,  and  not  according  to 
the  position  or  the  character  of  the  State  from 
which  he  came.  Mr.  B.  repeated  that  he  thought 
this  question  to  be  one  of  expediency,  and  that 
it  was  expedient  to  give  the  vote  which  would 
go  furthest  towards  quieting  th?  public  mind. 
The  quieting  tlie  South  dcpendea  upon  quieting 
the  North  ;  for  when  the  abolitionists  were  put 
down  in  the  former  place,  the  latter  would  be 
at  ease.  It  seemed  to  him,  then,  that  the  gen- 
tlemen of  the  non-slavcholding  States  were  the 
proper  persons  to  speak  first.  They  knew  the 
temper  of  their  own  constituents  best,  and  what 
might  have  a  good  or  an  ill  effect  upon  them, 
either  to  increase  the  abolition  fever,  or  to  allay 
it.  He  knew  that  the  feeling  of  the  Senate 
was  general ;  that  all  wished  for  the  same  end ; 
and  the  senators  of  the  North  as  cordially  as 
those  of  the  South." 


CHAPTER  CXXXI. 

MAIL   CIRCULATION   OF  INCENDIARY  PUBLICA- 
TIONS. 

Mk.  Calhoun  moved  that  so  much  of  the  Pre- 
sident's message  as  related  to  the  mail  trans- 
mission of  incendiary  publications  be  referred  to 
a  select  committee.  Mr.  King,  of  Alabama,  op- 
posed the  motion,  urging  that  the  only  way  that 
Congress  could  interfere  would  be  by  a  post- 
office  regulation  ;  and  that  all  such  regulation 
properly  referred  itself  to  the  committee  on 
post-offices  and  post-roads.  He  did  not  look 
to  the  particular  construction  of  the  committee, 
but  had  no  doubt  the  members  of  that  commit- 
tee could  see  the  evil  of  these  incendiary  trans- 
mis.sions  through  the  mails,  and  would  provide 
a  remedy  which  they  should  deem  ccnstitution- 
al,  proper  and  adequate ;  and  he  expressed  a 
fear  that,  by  giving  the  subject  too  much  im- 
portance, an  excitement  might  be  got  up.  Mr. 
Calhoun  replied  that  the  Senator  from  Alabaraft 
had  mistaken  his  object — that  it  was  not  to  pro- 
duce any  unnecessary  excitement,  but  to  adopt 
Buch  a  course  as  would  secure  a  committee  which 
would  calmly  and  dispassionately  go  into  an  ex- 
amination of  the  whole  subject ;  which  would 
investigate  the  character  of  those  publications, 
to  ascertain  whether  they  were  incendiary  or 


not ;  and,  if  so,  on  that  ground  to  put  a 
on  their  transmission  through  the  mails 
could  not  but  express  his  astonishment 
objection  which  had  been  taken  to  his  m 
for  he  knew  that  the  Senator  from  Alt 
felt  that  deep  interest  in  the  subject  whic! 
vadcd  the  feelings  of  every  man  in  the  ( 
He  believed  that  the  post-office  committee 
be  fully  occupied  with  the  regular  business 
would  be  brought  before  them ;  and  it  wa 
consideration,  and  no  party  feeling,  whic! 
induced  him  to  make  his  motion.    Mr.  Gi 
cha  rman  of  the  committee  on  post-office 
post-roi  ds,  said  that  his  position  was  such 
have  Im  oscd  silence  upon  him,  if  that  s 
might  not  have  been  misunderstood.    In 
to  the  '  Ejection  that  a  majority  of  the  co 
tee  wert  .lot  from  the  slave  States,  that  ci 
stance  might  be  an  advantage ;  it  might  gi 
greater  weight  to   their  action,  which  i 
known  would,  be  favorable  to  the  object  > 
motion.    He  would  say  that  the  federal  g( 
ment  could  do  bijt  little  on  this  subject  ( 
through  a  post-office  regulation,  and  th 
aiding  the  efficiency  of  the  State  laws.    I 
not  desire  to  see  any  power  exercised 
would  have  the  least  tendency  to  interfere 
the  sovereignty  of  the  States.     Mr.  Ca 
adhering  to  his  desire  for  a  select  comr 
and  expressing  his  belief  that  a  great  coi 
tional  question  was  to  be  settled,  and  t 
crisis  required  calmhess  and  firmness 
action  of  a  comnjittee  that  came  mainlj 
the  endangered  part  of  the  Union — his 
was  granted  ;  -and  a  committee  of  five  appi 
composed  as  he  desired ;  namely,  Mr.  Ci 
chairman,  Mr.  King  of  Georgia,  Jlr.  Jl 
of  Nortb  Carolina,  Mr.  Davis  of  Massac 
and  Mb  Lewis  F.  Linn  of  Missouri.    A 
a  report  were  soon  brought  in  by  the  conr 
— a  bill  subjecting  to  penalties  any  post 
who  should  knowingly  receive  and  put 
nail  any  publication,  or  picture  touch! 
subject  of  slavery,  to  go  into  any  State 
ritory  in  which  the  circulation  of  such 
tion,  or  picture,  should  be  forbid  by  th 
laws.    When  the  report  was  read  Mr.  \ 
moved  the  printing  of  5000  extra  copie: 
This  motion  brought  a  majority  of  tiie  c 
tee  to  their  feet,  to  disclaim  their  assent  t 
of  the  report ;  and  to  absolve  themselr 
responsibility  for  its  contents.  A  converi 


ai 


,)i'"'«i.. 


ANNO  1835.     ANDREW  JACKSON,  PRESIDENT. 


581 


o  on  that  ground  to  put  a  check 
sUsion  through  the  mails.  Ho 
t  express  h«  astomshment  at  th« 
eh  had  been  taken  to  hismotio,^ 

that  the  Senator  from  Alabama 
,  interest  in  the  subject  which  per. 

elings  of  eyery  man  m  the  Soutk 
thatThe  post-office  committee  would 
pied  witMhe  regular  busincsswhich 
Jught  before  them -.and  It  was  tins 
n,  and  no  party  feeling,  which  kd 
Uo  make  his  motion.    Mr.  Grundy 
r  the  committee  on  post-offlces  and 
said  that  his  position  was  such  as  to 
«d  silence  upon  him,  if  that  B.lcnco 

have  been  misunderstood.  In  reply 
>ction  that  a  majority  of  the  commu- 
ot  from  the  slave  States,  that  circum- 
,ht  be  an  advantage;  it  might  give  tk 

'eight  to  their  action,  ^^.^^'^  ,v. 
,"^befavorable  to  the  object  of  the 
He  vrould  say  that  the  federal  govern. 
Id  do  bUmtle  on  this  subject  except 

a  post-office  regulation,  and  there  y 
e  efficiency  of  the  State  laws.    lied, 
e  to  see  any  power  exercised  wk 
ve  the  lea^t  tendency  to  interfere  .>.h 
reiKnty  of  the  States.     Mr.  Cata 
t?his  desire  for  a  select  comm,tt«, 
•essinc-  his  belief  that  a  greater. 
.esTo;  was  to  be  settled,  and  tliattk 
"uedcalmfiess  and  firmness  and  the 
•a  committee  that  came  mamly fro. 

,„lred  part  of  the  Union-h.s  req«e 
SJd  a  committee  of  five  appomtoi 
'dathc  desired-,  namely,  Mr.  Call« 

t  Mr  King  of  Georgia,  Mr.  Man?u;n 
^&,  Mr.  Davis  of  Massac.^.. 
Lewis  F.  Linn  of  Missouri.    A  blind 
.Csoon  brought  in  by  the  CO— 
IlTecting  to  penalties  any  post-ma^i  r 
,:Xwingly  receive  and  pi...; 

LCrr:^^twasreadMr.Ma.J. 
'The  printing  of  5000  ext.  00,^^^^^^^^ 
,otion  brought  a  majoi^  of  the 

;2S;r^ntents.  Aconver.M 


debate  ensued  on  this  point,  on  which  Mr.  Davis, 
Messrs.  King  of  Alabama  and  Georgia,  Mr.  Linn 
and  Mr.  Calhoun  thus  expressed  themselves : 

"Mr.  Davis  said  that,  as  a  motion  had  been 
made  to  print  the  paper  purporting  to  be  a  re- 
port from  the  select  committee  of  which  he  was 
a  menilwr,  he  would  remark  that  the  views  con- 
taineil  in  it  did  not  entirely  meet  his  approba- 
tion, though  it  contained  many  things  which  he 
approved  of.  He  had  risen  for  no  other  purpose 
than  to  iniike  this  statement,  lest  the  imprtssion 
should  go  abroad  with  the  report  that  he  as- 
sented to  those  portions  of  it  which  did  not 
meet  his  approbation." 

'•  Mr.  King,  of  Georgia,  said  that,  lest  the  same 
misunderstanding  should  go  forth  with  respect 
to  his  views,  he  must  state  that  the  report  was 
not  entirely  assented  to  by  himself.  However, 
the  gentleman  from  South  Carolina  (Mr.  Cal- 
houn), in  making  this  report,  had  already  stated 
that  tlie  majority  of  the  committee  did  Kot  agree 
to  the  whole  of  it,  though  many  parts  of  it  were 
concurred  in  by  all." 

"Mr.  Davis  said  he  would  add  further,  that 
he  might  have  taken  the  usual  cv/jrse,  and  made 
an  additional  report,  containing  all  his  views  on 
tlie  subject,  but  thought  it  hardly  worth  while,, 
and  he  had  contented  himself  with  making  the 
statement  that  he  had  just  made." 

'•  Mr.  King,  of  Alabama,  said  this  was  a  de- 
parture from  the  usual  course — by  it  a  minority 
mi?ht  dissent;  and  yet,  when  the  report  was 
published,  it  would  seem  to  be  a  report  of  the 
committee  of  the  Senate,  and  not  a  report  of 
two  members  of  it.  It  was  proper  that  the 
whole  matter  should  go  together  with  the  bill, 
that  the  report  submitted  by  the  minority  might 
be  read  with  the  bill,  to  show  that  the  reading 
of  the  report  was  not  in  conflict  with  the  prin- 
ciples of  the  bill  reported.  H->  thought  the  sen- 
ator from  North  Carolina  (Mr.  Mangum)  had 
better  modify  his  motion,  so  as  to  have  the  re- 
port and  bill  published  together." 

'•  Mr.  Linn  remarked  that,  being  a  member  of 
the  committee,  it  was  but  proper  for  him  to  say 
that  he  had  assented  to  several  parts  of  the  re- 
port, though  he  did  not  concur  with  it  in  all  its 
parts.  Should  it  become  necessary,  he  would, 
when  the  subject  again  came  before  the  Senate, 
explain  in  what  particulars  he  had  coincided  with 
the  views  given  in  the  report,  and  how  far  he 
had  dissented  from  them.  The  bill,  he  said,  had 
met  with  his  approbation." 

'Mr.  Calhoun  said  he  hoped  his  friend  from 
North  Carolina  would  modify  his  motion,  so  as 
to  include  the  printing  of  the  bill  with  the  re- 
port. It  would  be  seen,  by  comparing  both  to- 
gether, that  there  was  no  iwn  seqtiitur  in  the 
bill,  coming  as  it  did  after  this  report." 

"  Mr.  King,  of  Alabama,  had  only  stated  his 
impressions  from  hearing  the  report  and  bill 
p-ad.  It  appeared  to  him  unusual  that  a  report 
should  be  made  by  a  minority,  and  merely  ac- 


quiesced in  by  the  committee,  and  that  the  bill 
should  be  adverse  to  it." 

"  Mr.  Davis  said  the  report  was,  as  he  under- 
stood it  to  be  read  from  the  chair,  the  report  of 
the  committee.  He  had  spoken  for  himself  only, 
and  for  nobody  else,  lest  the  impression  might 
go  abroad  that  he  concuried  in  all  parts  of  the 
report,  when  he  dissented  from  some  of  them." 

"Mr.  Calhoun  said  thatamajority  of  the  com- 
mittee did  not  concur  in  the  report,  though  there 
were  two  members  of  it,  himself  and  the  gen- 
tleman from  North  Carolina,  who  concurred 
throughout ;  three  other  gentlemen  concurred 
with  tlie  greater  part  of  the  report,  though  they 
dissented  from  some  parts  of  it ;  and  two  gentle- 
men concurred  also  with  some  parts  of  it.  As 
to  the  bill,  two  of  the  committee  would  have 
preferred  a  different  one.  though  they  had  rather 
have  that  than  none  at  all ;  another  gentleman 
was  opposed  to  it  altogether.  The  bill,  however, 
was  a  natural  consequence  of  the  report,  and 
the  two  did  not  disagree  with  each  other." 

The  parts  of  the  report  which  were  chiefly 
exceptionable  were  two:  1.  The  part  which 
related  to  the  nature  of  the  federal  government, 
as  being  founded  in  "  compact ; "  which  was  the 
corner-stone  of  the  doctrine  of  nullification,  and 
its  corollary  that  the  laws  of  nations  were  in  full 
force  between  the  several  States,  as  sovereign 
and  independent  communities  except  as  modi- 
fied by  the  compact ;  2.  The  part  that  argued, 
as  upon  a  subsisting  danger,  the  evils  by  an  abo- 
lition of  slavery  in  the  slave  States  by  interfer- 
ence from  other  States.  On  the  first  of  these 
points  the  report  said : 

"That  the  States  which  form  our  Federal 
Union  arc  sovereign  and  independent  communi- 
ties, bound  together  by  a  constitutional  com- 
pact, and  are  possessed  of  all  the  powers  belong- 
ing to  distinct  and  separate  States,  excepting 
such  as  are  delegated  to  be  exercised  by  the 
general  government,  is  assumed  as  unques- 
tionable. The  compact  itself  expressly  provides 
that  all  powers  not  delegated  are  reserved  to 
the  States  and  the  people.  To  ascertain,  then, 
whether  the  power  in  question  is  delegated  or 
reserved,  it  is  only  necessary  to  ascertain  whe- 
ther it  is  to  be  found  among  the  enumerated 
powers  or  not.  If  it  be  not  among  them,  it 
belongs,  of  course,  to  the  reserved  powers.  On 
turning  to  the  constitution,  it  will  be  seen  that, 
while  the  power  of  defending  the  country 
against  external  danger  is  found  among  the  enu- 
merated, the  instrument  is  wholly  silent  as  to 
the  power  of  defending  the  internal  peace  and 
security  of  the  States ;  and  of  course,  reserves 
to  the  States  this  important  power,  as  it  stood 
before  the  adoption  of  the  constitution,  with  no 
other  limitation,  as  has  been  stated,  except  such 
as  are  expressly  prescribed  by  the  instrument 


582 


THIRTY  YEARS'  VIEW, 


M- 


m\ 


-|i|f 


lli.ij 


itself.  From  what  has  been  stated,  it  may  be 
inferrcfl  tlint  the  ri{»ht  of  a  State  to  defend  itself 
against  internal  dangiTS  is  a  part  of  the  preat, 
priinniy,  and  inherent  right  of  self-defence, 
which,  by  the  laws  of  nature,  belongs  to  all 
communities  ;  and  so  jealous  were  the  States  of 
this  essential  right,  without  which  their  inde- 
pendence could  not  be  preserved,  that  it  is  ex- 
pressly provided  by  the  constitution,  that  the 
general  government  shall  not  assist  a  State,  even 
in  case  of  domestic  violence,  except  on  the  ap- 
plication of  the  authorities  of  the  State  itself; 
thus  excluding,  by  a  necessary  consequence,  its 
interference  in  all  other  cases. 

"  Having  now  shown  that  it  belongs  to  the 
slaveholding  States,  whose  institutions  are  in 
danger,  and  not  to  Congress,  as  is  supposed  by 
the  message,  to  determine  what  papers  are  in- 
cendiary and  intended  to  excite  insurrection 
among  the  slaves,  it  remains  to  inquire,  in  the 
next  place,  what  are  the  corresponding  duties 
of  the  general  government,  and  the  other  States, 
from  within  whose  limits  and  jurisdiction  their 
institutions  are  attacked ;  a  subject  intimately 
connected  with  that  with  which  the  committee 
are  inuned  lately  charged,  and  which,  at  the  pre- 
sent juncture,  ought  to  be  fully  understood  by 
all  thi.'  parties.  The  committee  will  bjgin  with 
the  first.  It  remains  next  to  inquire  into  the 
duty  of  the  States  from  within  whose  limits 
and  jurisdiction  the  internal  peace  and  security 
of  the  filiiveholding  States  are  endangered.  In 
order  to  comprehend  more  fully  the  nature  and 
extent  of  their  duty,  it  will  be  necessary  to 
make  a  few  remarks  on  the  relations  which  exist 
between  the  States  of  our  Federal  Union,  with 
the  rights  and  obligations  reciprocally'  resulting 
from  such  relations.  It  has  already  been  stated 
that  the  States  which  compose  our  Federal 
Union  are  sovereign  and  independent  communi- 
ties, united  by  a  constitutional  compact.  Among 
its  members  the  laws  of  nations  are  in  full  force 
and  obligation,  except  as  altered  or  modified  by 
the  compact ;  and,  of  course,  the  States  possess, 
with  that  exception,  all  the  rights,  and  are  sub- 
ject to  all  the  duties,  which  separate  and  dis- 
tinct communities  possess,  or  to  which  they  are 
subject.  Among  these  are  comprehended  the 
obligation  which  all  States  are  under  to  prevent 
their  citizens  from  disturbing  the  peace  or  en- 
dangering the  security  of  other  States ;  and  in 
case  of  being  disturbed  or  endangered,  the  right 
of  the  latter  to  demand  of  the  former  to  adopt 
such  measures  as  will  prevent  their  recurrence, 
and  if  refused  or  neglected,  to  resort  to  such 
measures  as  its  protection  may  require.  This 
right  remains,  of  course,  in  force  among  the 
States  of  this  Union,  with  such  limitations  as 
are  imposed  expressly  by  the  constitution. 
Within  their  Unfits,  the  rights  of  the  slavehold- 
ing  States  are  as  full  to  demand  of  the  States 
within  whose  limits  and  jurisdiction  their  peace 
is  assailed,  to  adopt  the  measures  necessary  to 
prevent  the  same,  and  if  refused  or  neglected, 
to  resort  to  means  to  protect  themselves,  as 


if  they  were  separate  and  independent  c( 
nities." 

This  part  of  the  report  was  that  wh: 
founding  the  federal  government  in  comp 
under  the  old  articles  of  the  confedcratio 
in  bringing  the  law  of  nations  to  apply  b< 
the  States  as  independent  and  sovereign  c( 
nities,  except  where  limited  by  the  co 
was  supposed  to  contain  the  doctrine  of  i 
cation  and  secession;  and  the  concludin 
of  the  report  is  an  argument  in  favor 
course  recommended  in  the  Crisis  in  the 
that  New- York,  Massachusetts,  and  Pc 
vania  did  not  suppress  the  abolition  soi 
The  report  continues : 

"  Their  professed  object  is  the  emanci 
of  slaves  in  the  Southern  States,  which  tlu 
pose  to  accomplish  through  the  agem 
organized  societies,  spread  throughout  tli 
slaveholding  States,  and  a  powerful  pre 
rected  mainly  to  excite,  in  the  other  I 
hatred  and  abhorrence  against  the  instit 
and  citizens  of  the  slaveholding  States,  1 
dresses,  lectures,  and  pictorial  represent 
abounding  in  false  and  exaggerated  statei 
If  the  magnitude  of  the  mischief  affords, 
degree,  the  measure  by  which  to  judge 
criminality  of  a  project,  few  have  evei'  be 
vised  to  be  compared  with  the  present,  w 
the  end  be  regarded,  or  the  means  by  wl 
is  proposed  to  be  accomplished.  The  biii 
of  fanaticism  is  proveibial.  With  more  zw 
understanding,  it  constantly  misconcciv 
nature  of  the  object  at  which  it  aim; 
towards  which  it  rushes  with  headlong  vi 
regardless  of  the  means  by  which  it  is 
elTected.  Never  was  its  character  morn 
exemplified  than  in  the  present  instance, 
ting  out  with  the  abstract  principle  that  s 
is  an  evil,  the  fanatical  zealots  conic  at  o 
the  conclusion  that  it  is  their  duty  to  alio 
regardless  of  all  the  disasters  which  mm 
low.  Never  was  conclusion  more  false  u 
gerous.  Admitting  their  assumption,  the 
innumerable  things  which,  regaided  i 
abstract,  are  evils,  but  which  it  would  be 
ness  to  attempt  to  abolish.  Thus  rej: 
government  itself  is  an  evil,  with  most 
institutions  intended  to  protect  life  and  jiru 
comprehending  the  civil  as  well  as  the  tr 
and  military  code,  which  are  tolerated  on 
cause  to  abolish  them  would  be  to  in 
instead  of  diminishing  the  evil.  The  rei 
cfjually  applicable  to  the  case  under  cons 
tion,  to  illustrate  which,  a  few  rcmar 
slavery,  as  it  actually  exists  in  the  Soi 
States,  will  be  necessary. 

"  He  who  regards  slavery  in  those  States; 
under  the  relation  of  master  and  slave. ; 
portant  as  that  relation  is,  viewed  mcrcl 


■ .'  ■ ' 


k3i' 


m: 


i'5|i!i 


ANNO  1836.    ANDREW  JACKSON,  PRESIDENT. 


583 


B  separate  and  independent  commu. 

t  of  the  report  was  that  which,  in 
le  federal  government  in  compact,  as 
old  articles  of  the  confederation,  and 
the  law  of  nations  to  apply  between 
as  independent  and  sovereign  comnni- 
ept  where  limited  by  the  conipaci, 
Bed  to  contain  the  doctrine  of  nuliifi. 
[  secession ;  and  the  concluding;  pan 
,ort  is  an  argument  in  favor  of  the 
ommendedin  the  Crisis  in  the  event 
-York,  Massachusetts,  and  Pcnnsyl- 
not  suppress  the  abolition  societies, 
■t  continues : 

professed  object  is  the  emancipation 
in  the  Southern  States,  whicli  tlu-y  ]m- 
accomplish  through  the  agencies  „f 
I  societies,  spread  throughout  the  non- 
ling  States,  and  a  powerful  press,  di- 
lainly  to  excite,  in  the  other  Stale;, 
id  abhorrence  against  the  mslitution- 
cns  of  the  slaveholding  States,  by  al- 
lectures,  and  pictorial  representiition;. 
le  in  false  and  exaggerated  statcinent-. 
lacnitudeof  the  mischief  aflbrds,  in  any 
the  measure  by  which  to  judge  of  i  c 
itv  of  a  project,  few  have  ever  been  ili- 
be  compared  with  the  present,  whetlur 
be  regarded,  or  the  means  by  wliicli  it 
sed  to"  be  accomplished.    Tlie  bliiidnes, 
cism  is  proveibial.  AVithmorc  zeal  than 
mdin"-,  it  constantly  misconceive.^  the 
of  the  object  at  which  it  aims,  and 
which  it  rushes  with  headlong  violenci, 
ss  of  the  means  by  which  it  is  to  be 
Never  was  its  character  more  fully 
Red  than  in  the  present  instance.   Set- 
with  the  abstract  principle  tliat  slaviry 
il  the  fanatical  zealots  come  at  once  to 
ilusion  that  it  is  their  dut);  to  aboli.<h  u, 
as  of  all  the  disasters  which  must  f'l- 
ever  was  conclusion  more  false  onlaii- 
Admitting  their  assumption,  there  aa 
rable    things    which,   regardiHl   in  th. 
,  arc  evils,  but  which  it  would  be  mad- 
'attempt  to   abolish.    '1  lus  icgiirW  1 
lent  itself  is  an  evil,  with  most  of  ii» 
,ona  intended  to  protect  life  and  properly 
liending  the  civil  as  well  as  the  cTinuna^ 
tarv  code,  which  are  tolerated  onlyl* 
o  aLlish'them  would  be  to  ine«e 
of  diminishing  the  evil.    The  rt-aso"    I 
applicable  to  the  case  under  coiisuleia- 
illustrate  which,  a  few  lenwrks  un 
as  it  actually  exists  in  the  Southm 

(will  be  necessary.  .    , 

KregardsslaveryinthoseStates.mR 

Ke  relation  of  m-^ster.aud  slav^  s  .^ 
as  that  relation  is,  viewed  merely  as  a 


question  of  property  to  the  slaveholding  section 
of  the  Unioii,  has  a  very  imperfect  conception  of 
the  institution,  and  the  impossibility  of  abolish- 
ing it  without  disasters  unexampled  in  the  his- 
tory of  the  world.    To  understand  its  nature 
and  importance  fully,  it  must  be  borne  in  mind 
that  slavery,  as  it  exists  in  the  Southern  States 
(including  under  the  Southern  all  the  slavehold- 
ing States),  involves  not  only  the  relation  of 
master  and  slave,  but,  al.so,  the  social  and  politi- 
cal relations  of  two  races,  of  nearly  equal  num- 
bers,   from   diflerent    quarters   of  the   globe, 
and  the  most  opposite  of  all  others  in  every 
particular  that  distinguishes  one  race  of  men 
iiom  another.      Emancipation  would  destroy 
these  relations — would  divest  the  masters  of 
their  property,  and  subvert  the  relation,  social 
and  political,  that  has  existed  between  the  races 
from  almost  the  fir.st  settlement  of  the  Southern 
States.    It  is  not  the  intention  of  the  committee 
to  dwell  on  the  pecuniary  aspect  of  this  vital 
subject,  the  vast  amount  of  property  involved, 
equal  at  least  to  $950,000,000;   the  ruin  of 
families  and  individuals ;  the  impoverishment  and 
prostiation  of  an  entire  section  of  the  Union,  and 
the  fatal  blow  that  would  be  given  to  the  pro- 
ductions of  the  great  agricultural  staples,  on 
which  the  commerce,  the  navigation,  the  maiui- 
factiiies,  and  the  revenue  of  the  country,  almost 
entirely  depend.     As  great  as  these  disasters 
would  lie,  they  are  nothing,  compared  to  wliat 
must  follow  the  subversion  of  the  existing  rela- 
tion between  the  two  races,  to  which  the  com- 
mittee will  confine  their  remarks.    Under  this 
relation,  the  two  races  have  long  lived  in  peace 
and  prosperity,  and  if  not  disturbed,  would  long 
continue  so  to  live.     AVhile  the  European  race 
has  rapidly  increased  in  wealth  and  numbers,  and 
at  the  same  time  has  maintained  an  equality, 
at  least,  morally  and  intellectually,  with  their 
brethren  of  the  non-slaveholding  States;   the 
African  race  has  multiplied  with  not  less  rapidity, 
accoripanied  by  great  improvement,  physically 
and  intellectually,  and  the  enjoyment  of  a  de- 
gree of  comfort  with  which  the  laboring  class 
in  few  countries  can  compare,  and  confessedly 
greatly  superior  to  what  the  free  people  of  the 
same  race  possess  in  the  non-slaveholding  States. 
It  may,  indeed,  be  safely  asserted,  that  there  is 
no  example  in  history  in  which  a  savage  people, 
such  as  their  ancestors  were  when  brought  into 
the  country,  have  eve."  advanced  in  the  same 
period  so  rapidly  in  numbers  and  improvement. 
To  destroy  the  existing  relations  would  be  to 
destroy  this  prosperity,  and  to  place  the  two 
races  in  a  state  of  conflict,  which  must  end  in 
the  expulsion  or  extirpation  of  one  or  the  other. 
No  other  can  be  substituted,  compatible  with 
their  peace  or  security.    The  difficulty  is  in  the 
diversity  of  the  races.    So  strongly  drawn  is  the 
line  between  the  two,  in  consequence  of  it,  and 
60  strengtheneil  by  the  force  of  habit,  and  edu- 
cation, that  it  is  impossible  for  them  to  exist 
together  in  the  same  community,  where  their 
numbers  are  so  nearly  equal  as  in  the  slavehold- 


ing States,  under  any  other  relation  than  which 
now  exists.  Social  and  political  equality  be- 
tween them  is  inipossiblo.  No  power  on  earth 
can  overcome  the  difficulty.  The  causes  resist- 
ing lie  too  deep  in  the  principles  of  our  nature 
to  Ix!  surmounted.  But,  witlumt  such  equality, 
to  change  the  present  condition  of  the  African 
race,  were  it  possible,  would  be  but  to  change 
the  form  of  slavery.  /It  would  make  them  the 
slaves  of  the  coiniiiunity,  instead  of  the  slaves 
of  individuals,  with  less  responsibility  and  in- 
terest in  their  welfare  on  the  part  of  the  com- 
munity than  is  felt  by  their  present  masters; 
while  it  would  destroy  the  security  and  inde- 
pendence of  the  EuroiK-an  race,  if  the  African 
should  be  jiermittcd  to  continue  in  their  changed 
condition  within  the  limits  of  those  States. 
They  would  look  to  the  other  States  for  support 
and  protection, and  would  become,  virtually,  their 
allies  and  dependents ;  and  would  thus  place  in 
the  hands  of  those  States  the  most  effectual  in- 
strument to  destroy  the  influence  and  control  the 
destiny  of  the  rest  of  the  Union.  It  is  against 
this  relation  between  the  two  races  that  the 
blind  and  criminal  zeal  of  the  abolitionists  is 
directed — a  relation  that  now  preserves  in  quiet 
and  security  more  than  G,5(iO,000  of  human 
beings,  and  which  cannot  be  destro3'ed  without 
destroying  the  peace  and  prosjierity  of  nearly 
half  the  States  of  the  Union,  and  involving  their 
entire  population  in  a  deadly  conflict,  that  must 
terminate  either  in  the  expulsion  or  extirpation 
of  those  who  are  the  object  of  the  misguided  and 
false  humanity  of  those  who  claim  to  be  their 
friends.  He  must  be  blind,  indeed,  who  does 
not  perceive  that  the  subversion  of  a  relation 
which  must  be  followed  with  such  disastrous 
consequences  can  only  be  eflfected  by  convulsions 
that  would  devastate  the  country,  burst  asunder 
the  bonds  of  Union,  and  ingulf  in  a  sea  of  blood 
the  institutions  of  the  country.  It  is  madness 
to  suppose  that  the  slaveholding  States  would 
quietly  submit  to  be  sacrificed.  Every  con- 
sideration— interest,  duty,  and  humanity,  the 
love  of  country,  the  sense  of  wrong,  hatred  of 
oppressors,  and  treacherous  and  faithless  con- 
federates, and  finally  despair — would  impel  them 
to  the  most  daring  and  desperate  resistance  in 
defence  of  property,  family,  country,  liberty, 
and  existence.  But  wicked  and  cruel  as  is  the 
end  aimed  at,  it  is  fully  equalled  by  the  crimi- 
nality of  the  means  by  which  it  is  proposed  to 
be  accomplished.  These,  as  has  been  stated, 
consist  in  organized  societies  and  a  powerful 
press,  directed  mainly  with  a  view  to  excite  the 
bitterest  animosity  and  hatred  of  the  people  of 
the  non-slaveholding  States  against  the  citizens 
and  institutions  of  tho  slaveholding  States. 
It  is  easy  to  see  to  what  disastrous  results  such 
means  must  tend.  Passing  over  the  more  ob- 
vious effects,  their  tendency  to  excite  to  insur- 
rection and  servile  war,  with  all  its  horrors,  and 
the  necessity  wliich  such  tendency  must  impose 
on  the  slaveholding  States  to  resort  to  the  most 
rigid  discipline  and  severe  police,  to  the  great 


» 


i.:il' 


a'' 


'ilfl    <s 


m 


584 


THIRTY  YKARS'  VIEW. 


injury  of  the  prcsont  condition  of  llic  slaves, 
there  nnmiiis  another,  threatcninp;  incnlrnlnble 
mischii'f  to  the  country.  Tlie  inevitable  ten- 
dency of  the  means  to  which  the  abolitionists 
have  resorted  to  effect  their  object  must,  if  per- 
sisted in,  end  in  completely  alienating  the  two 
pri-at  sections  of  the  Union.  The  incessant  ac- 
tion of  hundreds  of  societies,  and  a  vast  printing 
establishment,  throwing  out  daily  thousands  of 
artful  and  inflammatory  publications,  nnist  make, 
in  time,  a  deep  impression  on  the  section  of  the 
Union  where  they  freely  circulate,  and  are 
mainly  designed  to  have  effect.  The  well-in- 
formed and  thoughtful  may  hold  them  in  con- 
tempt, but  the  young,  the  inexjierienced,  the 
ignorant,  and  thoughtless,  will  leceivc  the 
poison.  In  process  of  time,  when  the  number 
of  prosoly tes  is  sufficiently  multiplied,  the  artful 
and  profligate,  who  are  ever  on  the  watch  to 
seize  on  any  means,  however  wicked  and  dan- 
gerous, will  unite  with  the  fanatics,  and  make 
their  movements  the  basis  of  a  powerful  politi- 
cal party,  that  will  seek  advancement  by  diffus- 
ing, as  widely  as  possible,  hatred  against  the 
slaveholding  States.  IJut,  as  hatred  begets 
hatred,  and  animosity  animosity,  these  feelings 
would  become  reciprocal,  till  every  vestige  of 
attachment  would  cease  to  exist  between  the 
two  sections,  when  the  Union  and  the  constitu- 
tion, the  offspring  of  mutual  affection  and  confi- 
dence, would  forever  perish.  Such  is  the  danger 
to  which  the  movements  of  the  abolitionists  ex- 
pose the  country.  If  the  force  of  the  obligation 
is  in  proportion  to  the  magnitude  of  the  danger, 
stronger  cannot  be  imposed,  than  is  at  present, 
on  the  States  within  whose  limits  the  danger 
originates,  to  arrest  its  further  progress — a  duty 
they  owe,  not  only  to  the  States  whose  institu- 
tions are  assailed,  but  to  the  Union  and  consti- 
tution, as  has  been  shown,  and,  it  may  be  added, 
to  themselves. 

The  insidiousncss  of  th's  report  was  in  the 
assumption  of  an  actual  impending  danger  of  the 
abolition  of  slavery  in  all  the  slave  States — the 
destruction  of  nine  hundred  and  fifty  millions  of 
property — the  ocean  of  blood  to  be  shed — the 
war  of  extermination  between  two  races — and 
the  necessity  for  extraordinary  means  to  prevent 
these  dire  calamities ;  when  the  fact  was,  that 
there  was  not  one  particle  of  any  such  danger. 
The  assumption  was  contrary  to  fact :  the  re- 
port was  inflammatory  and  disorganizing :  and 
if  there  was  any  thing  enigmatical  in  its  con- 
clusions, it  was  sufiBciently  interpnitcd  in  the 
contemporaneous  publications  in  the  Soutliern 
slave  States,  which  were  open  in  their  declara- 
tions that  a  cause  for  separation  had  occurred, 
limited  only  by  the  conduct  of  the  free  States  in 
Buppressing  within  a  given  time  the  incendiary 


societies  within  their  bonlers.  This  limita 
would  throw  the  responsibility  of  disunion 
on  the  non-slaveliolding  States  failing  to  i 
press  these  societies :  for  disunion,  in  that  ( 
was  foreshadowed  in  another  part  oi  this  rcj 
and  fully  avowed  in  contemporary  Southern 
lications.    Thus  the  report  said : 

"Those  States,  on  the  other  hand,  are 
only  under  all  the  obligations  which  indeponc 
commimitics  would  be,  to  adopt  such  measi 
but  also  under  the  obligation  which  the  coi 
tution  superadds,  rendered  more  sacred,  if 
sible,  by  the  fact  that,  while  the  Union  imp 
restrictions  on   the   right  of  the  slavehoh 
States  to  defend  themselves,  it  aflbnls  the 
diuni  through  which  their  peace  and  security 
assailed.     It  is  not  the  intention  of  the  coin' 
tee  to  inquire  what  those  restrictions  are, 
what  are  the  means  which,  under  the  const 
tiou,  are  left  to  the  slaveholding  States  to 
tect  themselves.    The  period  has  not  yet  cc 
and  they  trust  never  will,  when  it  may  be 
cessary  to  decide  those  questions ;  but  com 
must,  unless  the  States  whose  duty  it  is  to  t 
press  the  danger  shall  see  in  time  itsmagniti 
and  the  obligations  which  they  are  undci 
adopt  speedy  and  effectual  measures  to  arrcs 
further  progress.     That  the  full  force  of  tliiso 
gation  may  be  understood  by  all  parties, 
committee  propose,  in  conclusion,  to  touch  bi 
ly  on  the  movements  of  the  abolitionists,  w 
the  view  of  showing  tlie  dangci  ous  conseiiuti 
to  which  they  must  lead  if  not  arrested." 

These  were  ominous  intimations,  to  recc 
their  full  interpretation  elsewhere,  and  indiss( 
bly  connecting  themselves  with  the  late  disuii 
attitude  of  South  Carolina — the  basis  of  disc 
tent  only  changed.  Mr.  King  of  Georgia  s 
tliat  positions  had  been  assumed  and  princii 
insisted  upon  by  Mr.  Calhoun,  not  only  inc 
sistent  with  the  bill  reported,  but  he  thoiij 
inconsistent  with  the  "existence  of  the  Un 
itself,  and  which  if  established  and  carried  ii 
practice,  must  hastily  end  in  its  dissolution."  ] 
Calhoun  in  his  reply  pretty  well  justified  th 
conclusions  of  the  Georgia  senator.  lie  made 
'^^oint  that  the  non-slaveholding  States  had  ii( 
jthing  yet  to  suppress  the  incendiary  suciel 
within  their  limits ;  and  joining  that  non-act 
of  these  States  with  a  refusal  of  Congress  to  p 
this  bill,  he  looked  upon  it  as  in  vain  to  exp 
security  or  protection  for  the  slaveholding  Sta 
except  from  themselves — from  State  intci 
sition,  as  authorized  in  the  Virginia  resolutii 
of  1798 ;  and  as  recently  carried  out  by  Soi 
Carolina  in  her  nullification  proceedings ;  i 


ANNO  1335.    ANDREW  JACKSON,  PRESIDENT. 


585 


„  their  bonlerH.  This  limitation 
he  responsihility  of  (linunion  up- 
iveholdinK  States  failing  to  8u,>. 
cicties:  for  disunion,  in  that  (use, 
wed  in  another  part  01  this  report, 
•ed  in  contemporary  Southern  pub- 
W8  the  report  said : 

ates  on  the  other  hand,  are  not 
I  the  ohliiiations  which  independent 
would  be.  to  adopt  such  measures^ 
>r  the  oblipation  which  the  consli- 
idd'*  rendered  more  sacred,  it  pos- 
fact'that,  while  the  Union  imposes 
on  the  right  of  the  slaveholdmg 
rend  themselves,  it  affonls  the  mc- 
h  which  their  peace  and  security  are 

is  not  the  intention  of  the  commit- 
•c  what  those  restrictions  are  and 
,  means  which,  «mler  the  conHhtu- 

to  the  slaveholdmg  States  to  pro- 
Ives     The  period  has  not  yet  come, 
iist  never  will,  when  it  may  be  n«- 
Iccide  those  questions ;  but  conic  it 
s  the  States  whose  duty  it  is  to  sup- 
;vn-er  shall  see  in  time  its  ma-nitude 
jliRations  which  they  are  under  to 
Iv  and  cftectual  measures  to  arrest  1 3 
lies"     That  the  full  force  of  tl  ,is  ob  .- 
;  be  understood  by  all  parties  ih 
propose,  in  conclusion,  o  touch  liriij 
L^•ement8  of  the  abolitionists.  ;vith 
r  showing  the  dange>  ous  conge<iuen<x.s 

ley  must  lead  if  not  arrested. 

ere  ominous  intimations,  to  receive 
iterpretation  elsewhere,  and  indissolu- 
ting  themselves  with  the  lute  .lisuiiion 
South  Carolina— the  basis  of  discon- 
;hanged.    Mr.  King  of  Georgia  said 
,ns  had  been  assumed  and  principles 
>on  by  Mr.  Calhoun,  not  only  incon- 
Ih  the  bill  reported,  but  he  thought 
It  with  the  "existence  of  the  Union 
fthich  if  established  and  curried  into 
ist  hastily  end  in  its  dissolution."  Mr. 
his  reply  pretty  well  justiiied  tliese 
of  the  Georgia  senator.    He  niadeita 
he  non-slaveholding  States  had  ilone 
to  suppress  the  incendiary  societies 
ir  limits;  and  joining  that  non-action 
.tes  with  a  refusal  of  Congress  to  pass 
-  looked  upon  it  as  in  vain  to  expect 
protection  for  the  slaveholding  States 
a    themselves-from  State  interpo- 
ithorized  in  the  Virginia  resolutions 
;d  as  recently  carried  out  by  South 
her  nullification  proceedings  i  i«"i 


declared  that  nothing  was  wanted  but  "concert" 
among  themselves  to  jjlnce  their  domestic  insti- 
tution.s,  their  peace  and  security  under  their  own 
protection  and  beyond  the  reach  of  danger.  All 
this  was  thus  intelligibly,  and  ominou.sly  stated 
in  liis  reply  to  Mr.  King : 

'•  Thus  far  (I  say  it  with  regret)  our  just  hopes 
have  not  been  realized.     The  legislatures  of  the 
South,  backed  by  the  voice  their  constituents 
expressed  through  innumerable  meetings,  have 
called  upon  the  non-slaveholding  States  to  re- 
press the  movements  made  within  the  jurisdic- 
tion of  those  States  against  their  peace  and  se- 
curity.   Not  a  step  has  been  taken  ;  not  a  law 
has  been  passed,  or  even  proposed  ;  and  1  ven- 
ture to  assert  that  none  will  be ;  not  but  what 
there  is  a  favorable  disposition  towards  us  in  the 
North,  but  I  clearly  see  the  state  of  political 
parties  there  jiresents  insuperable  impediments 
to  any  legislation  on  the  subject.     I  rest  my 
opinion  on  the  fact  that  the  non-slaveholding 
States,  from  the  elements  of  their  population, 
an',  and  will  continue  to  be,  divided  and  distract- 
ed by  parties  of  nearly  cciual  strength ;  and  that 
each  will  always  be  ready  to  seize  on  every 
movement  of  the  other  which  may  give  them  the 
euperiority,  without  much  regard  to  consequen- 
ces, as  allecting  their  own  States,  and  much  less, 
remote  and  distant  .sections.     Nor  have  we  been 
less  disappointed  as  to  the  proceedings  of  Con- 
jrresa.    Believing  that  the  general  government 
has  no  right  or  authority  over  the  subject  of 
slavery,  we  had  just  grounds  to  hope  Congress 
would  refuse  all  jurisdiction  in  reference  to  it, 
in  whatever  form  it  might  be  presented.    The 
very  opposite  course  has  been  pursued.    Aboli- 
tion petitions  have  not  only  been  received  in 
both  Houses,  but  received  on  the  most  obnoxious 
and  dangerous  of  all  grounds — that  we  arc  bound 
to  receive  them  ;  that  is.  to  take  jurisdiction  of 
tlie  question  of  slavery  whenever  the  abolition- 
ists may  think  proper  to  petition  for  its  abolition, 
either  here  or  in  the  States.     Thus  far,  then,  we 
of  the  slaveholding  States  have  been  grievously 
disappointed.    One  question  still  remains  to  be 
decided  tliat  is  presented  by  this  bill.     To  refuse 
to  pass  this  bill  would  be  virtually  to  co-operate 
with  the  abolitionists — v>  ould  be  to  make  the 
officers  and  agents  of  the  post-oftice  department 
in  elt'ect  their  agents  and  abettors  in  the  cir- 
culation of  their  incendiary  publications,  in  vio- 
lation of  the  laws  of  the  States.    It  is  your  un- 
questionable   duty,  as   I    have    demonstrablj' 
pruved,  to  abstain  from  their  violation ;  and,  by 
refusing  or  neglecting  to  discharge  that  duty, 
yoH  would  clearly  enlist,  in  the  existing  contro- 
versy, on  the  side  of  the  abolitionists  against  the 
Southern  States.    Should  such  be  your  decision, 
by  refusing  to  pass  this  bill,  I  shall  say  to  the 
people  of  the  South,  look  to  yoursel'-cs — you 
have  nothing  to  hope  from  others.    But  I  must 
tell  the  Senate,  be  your  decision  what  it  may, 
the  South  will  never  abandon  the  principles  of 


this  bill.  Tf  you  refuse  co-operation  with  our 
laws,  and  conflict  should  ensue  between  your 
and  our  law,  the  Southern  States  will  never 
yield  to  the  superiority  of  yours.  We  have  a 
remedy  in  oi—  hands,  which,  in  such  event.s,  we 
shall  not  fail  to  ajiply.  We  have  high  authority 
for  asserting  that,  in  such  cases,  '  State  interpo- 
sition is  the  rightful  remedy' — a  doctrine  first 
announced  by  Jetferson — adopted  by  the  patri- 
otic an<l  republican  State  of  Keutueky  by  a  so- 
lemn resolution,  in  1798,  and  tinally  carried  out 
into  successful  practice  on  a  recent  occasion,  ever 
to  be  remembered,  by  the  giUaut  State  which  T, 
in  part,  have  the  honor  to  represent.  In  this 
well-tested  an<l  efllcicnt  remedy,  sustained  by 
the  principles  developed  in  the  report  and  a.ssert- 
ed  in  this  bill,  the  slaveholding  States  have  an 
ample  protection.  Let  it  be  fixed,  let  it  be  riv- 
eted in  every  Southern  mind,  that  the  laws  of 
the  slaveholding  States  ftir  the  protection  of  their 
domestic  institutions  are  paramount  to  the  laws 
of  the  general  government  in  regulation  of  com- 
merce and  the  mail,  and  that  the  latter  must 
yield  to  the  former  in  the  event  of  conflict;  and 
that,  if  the  government  should  refuse  to  yield, 
the  States  have  a  right  to  interp')se,  and  Ave  are 
safe.  With  these  principles,  nothing  but  concert 
would  be  wanting  to  bid  defiance  to  the  move- 
ments of  the  abolitionists,  whether  at  home  or 
abroadj  and  to  place  our  domestic  institutions, 
and,  with  them,  our  security  and  peace,  under 
our  own  protection,  and  beyond  the  reach  of 
danger." 

These  were  very  significant  intimations.  Con- 
gress itself  was  to  become  the  ally  of  the  aboli- 
tionists, and  enlist  in  their  cause,  if  it  did  not 
pass  his  bill,  which  was  opposed  by  Southern 
senators  and  founded  upon  a  minority  report 
of  a  Southern  committee  selected  by  Mr.  Cal- 
houn himself.  It  was  well  known  it  was  not  to 
pass ;  and  in  view  of  that  fact  it  was  urged  upon 
the  South  to  nullify  and  secede. 

Thus,  within  two  short  years  after  the  "com- 
promise "  of  1833  had  taken  Mr.  Calhoun  out  of 
the  hands  of  the  law,  he  ^publicly  and  avowedly 
relapsed  into  the  same  condition;  recurring  again 
to  secession  for  a  new  grievance ;  and  to  be  re- 
sorted to  upon  cintingencies  which  he  knew  to 
be  certain ;  and  encouraged  in  this  course  by 
the  success  of  the  first  trial  of  strength  with  the 
federal  government.  It  has  been  told  at  the 
proper  place — in  the  chapter  wliich  gave  the 
secret  history  of  the  compromise  of  1833 — that 
Mr.  Webster  refused  to  go  into  that  measure, 
saying  that  the  time  had  come  to  try  the  strength 
of  the  constitution  and  of  the  government :  and 
it  now  becomes  proper  to  tell  that  Mr.  Clay,  af- 
ter seeing  the  relapse  of  Mr.  Calhoun,  became 


586 


THIRTY  YEARS'  VIEW. 


■Viil 


a 


lf.1 


doubtriil  of  tilt'  corrcctnoHS  of  his  own  policy  in 
that  afliiir  ;  nnd  often  Huid  to  his  friendH  that, 
"in  looking  hiirl<  upon  tlip  wholu  case,  hu  had 
Bcriousiy  doiibti'd  the  pohcy  of  his  inti'rforcncp." 
Certniidy  it  wuh  a  most  dcph)rable  intiTferi-nco, 
arresting  the  jjroccsH  of  tho  law  wliun  it  was  on 
the  point  of  settling  every  thing  without  Inirting 
a  huir  of  any  man's  head,  and  ))ntting  an  end  to 
nullification  for  ever ;  and  giving  il  a  victory, 
real  or  fancied,  to  encournge  a  new  edition  of 
the  sunic  proceedings  in  a  far  more  dangerous 
and  pervading  form.  Hut  to  return  to  tho  bill 
before  tho  Senate. 

"  Mr.  Webster  addressed  the  Senate  at  lengili 
In  opposition  to  the  bill,  commencing  liis  argu- 
.  ment  against  what  he  contended  was  its  vague- 
ness and  obscurit}',  in  not  sufflciently  defining 
what  were  the  publications  tho  circulation  of 
which  it  intended  to  prohibit.  Tlie  bill  pro- 
vided that  it  should  not  Jhj  lawful  for  any  depu- 
ty postmaster,  in  iiny  State,  territory,  or  dis- 
trict of  the  United  States,  knowingly  to  deliver 
to  any  person  whatever,  any  pamphlet,  news- 
paper, handbill,  or  other  printed  pajier  or  pic- 
torial representation,  touching  the  subject  of 
fllaverv,  where,  by  the  laws  of  tlie  said  State,  dis- 
trict, or  territory,  their  circulation  was  prohib- 
ited. Under  this  ])rovision,  Mr.  W.  contended 
that  it  wns  impossible  to  say  what  publications 
might  not  be  i)rohibited  from  circulation.  No 
matter  what  was  the  publication,  whether  for  or 
against  slave-v,  if  it  touched  the  subject  in  any 
shape  or  fbrin,  it  would  fall  under  the  prohibi- 
tion. Even  tho  con.stitution  of  the  United  States 
might  be  prohibited ;  and  the  person  who  was 
clothed  with  tho  power  to  judge  in  this  delicate 
matter  was  one  of  the  deputy  postmasters,  who, 
notwithstanding  the  difUculties  with  which  he 
was  encompassed  in  coming  to  a  correct  deci- 
sion, must  decide  correctly,  under  pain  of  being 
removed  from  office.  It  would  be  necessary, 
also,  he  said,  for  the  deputy  postmasters  refer- 
red to  in  this  bill,  to  make  themselves  acquainted 
with  all  the  various  laws  passed  by  the  States, 
touching  the  subject  of  slavery,  and  to  decide 
on  them,  no  matter  how  variant  they  might  be 
with  each  other.  Mr.  W.  also  contended  that 
the  bill  conflicted  with  that  provision  in  the 
constitution  which  prohibited  Congress  from 
passing  any  law  to  abridge  the  freedom  of  speech 
or  of  the  press.  What  was  the  liberty  of  the 
press  ?  he  asked.  It  was  the  liberty  of  print- 
ing as  well  as  the  liberty  of  publishing,  in  all 
the  ordinary  modes  of  publication ;  and  was 
not  the  circulation  of  papers  through  the  mails 
an  ordinary  mode  of  publication?  Ho  was 
afraid  that  they  were  in  some  danger  of  taking 
a  step  in  this  matter  that  they  might  hereafter 
havb  cause  to  regret,  by  its  being  contended 
that  whatever  in  this  bill  applies  to  publications 
touching  slavery,  applies  to  other  publications 


that  the  States  might  think  |)roi)er  to  pro 
and  Congress  might,  under  this  exanip 
called  ujton  to  jiass  laws  to  suppress  the  ci 
tion  of  iKilitical,  religious,  or  any  other  de 
fion  of  publications  which  produced  excit* 
in  the  States.  Was  this  bill  in  accordunci 
the  general  force  and  temper  of  the  constil 
and  its  amendments?  It  was  not  in  accoi 
with  that  provision  of  the  instrument 
which  the  freedom  of  sjKech  and  of  the 
was  secured.  Whatever  laws  the  State  U 
tures  might  pass  on  the  subject,  Congres 
restrained  from  legislating  in  any  nutnner 
ever,  with  regard  to  the  press.  It  would  1 
mitted,  that  if  a  newspaper  came  direct 
him,  he  had  a  property  in  it ;  and  how 
any  man,  then,  take  that  property  an<l  bi 
without  due  form  of  law?  and  he  did  not 
how  this  newsj)aper  could  be  pronoinic 
unlawful  publication,  and  having  no  prope 
it,  without  a  legal  trial.  Mr.  W.  argued  ii| 
the  right  to  examine  into  the  nature  of  pi 
tions  sent  to  the  post-office,  and  said  tin 
right  of  an  individual  in  his  papers  was  st 
to  him  in  every  fi-ee  country  in  the  worh 
Kngland,  it  was  expressly  provided  tlm 
pajKivs  of  the  subject  shall  be  free  from  u 
reasonable  searches  and  sei^.ures — languuj 
said,  to  be  foimd  in  our  ^)n8titution. 
principle  established  in  Kngland,  so  essent 
liberty,  had  been  followed  out  in  France, ' 
the  right  of  printing  and  publishing  was  sc 
in  the  fullest  extent ;  the  individual  publi 
being  amenable  to  the  laws  for  what  he  \m 
ed ;  and  every  man  printed  and  published 
he  pleased,  at  his  peril.  Jlr.  Webster  wei 
at  some  length,  to  show  that  the  bill  wiu 
trary  to  that  provision  of  the  constitution 
prohibits  Congress  to  pass  any  law  nbr 
the  freedom  of  speech  or  of  the  press." 

Mr.  Clay  spoke  against  the  bill,  saying; 

"  The  evil  complained  of  was  the  cirni 
of  papers  having  a  certain  tendency.  Ti 
pcrs,  unless  circulated,  did  no  harm,  and 
in  the  post-office  or  in  the  mail,  they  wer 
circulated — it  was  the  circulation  solely  \ 
constituted  the  evil.  It  was  the  taking 
out  of  the  mail,  and  the  use  that  was  to  be 
of  them,  that  constituted  the  mischief.  T 
was  perfectly  competent  to  the  State  autlu 
to  apply  the  remedy.  The  instant  that  a 
hibited  paper  was  handed  out,  whether  to 
zcn  or  sojourner,  he  wa.s  subject  to  the 
which  might  compel  him  either  to  sun 
them  or  burn  them.  He  considered  tho  bi 
only  unnecessary,  but  as  a  law  of  a  dang 
if  not  a  doubtful,  authority.  It  was  ob 
that  it  was  vague  and  indefinite  in  its  char 
and  how  is  that  objection  got  over  ?  TIi 
provided  that  it  shall  not  be  lawful  for  any 
ty  postmaster,  in  any  State,  territory,  o 
trict  of  the  United  States,  knowingly  to 
to  any  person  whatever,  any  pamplilet,  ne 


ANNO  1836.    ANDREW  JACKSON,  PIIKSIDKNT. 


587 


!;,!  i,  iin)iT  of  the  conslitnlion 

'''"•'"•„  of  the  inHtrunu-ut  mvh 
rovmu.n  "^ J**^,  ;,„i  „f  thu  press 

^^t!;at:Jl-sthoStute..,i.U. 
I  a  P'-"V'=[fi  'Vo  '   ty  and  burn  ii 

every  f'^'^;,^"*^  u!%rovulea  tl.ul  ll. 

;5.;Sy  c  Slu'b'f.-  i[o.u  all  . 
int  Miiy*^^"  „„;»„rc>s — laujiviaM,  k 
r7tr-.rlr  Clituliou.  'm 
be  fo  nd    ".  "*",„. ,,na  po  essential  to 

>,ia  been  follows*!  "'^.  ,^,,,,,^,,1 

Uest  extent ;  tlu-  .n  .  i^ 

enable  to  th^;' ,  j;;j^/^',a  .ubli.Ued  .l.at 
every  roan  punted  an  M^^^  ,,,„t  ^n, 

i^'  1h"fo  SV  tl  a    the  bill  was  m- 

that  F«^>^'"""J,\^,' any  laNV  abrulgi.>s 
"i  Congress  to  V^^f't'J,, 
join  of  speech  or  of  the  press. 

L  spoke  against  the  bill,  saying: 

Lvil  coroplained  of  was  the  circuMk 

riaJ-ing^cer^^ntjd^^^ 

less  circulated  dd  ^^m,  _^^^ 

If-f  rS  SXtlon  -l«^ly  which 
|d_it  was  tie  cu.^^  .^    ^^^^ 

Va  tlK>  «^'\J„Vefhatwastobe™de 
le  mail,  and  the  "Sf^"';^  ,,ief.  Tlien  it 
IthatconstituUKlthe^'l^;^^ 

k^y '^^f  itl^^^BUnt  that  a  pr. 
1  the  remedy.  /"^  "  .„»,ethcr  toaciti- 

Ljourner,  he  \f^^'\l^.,.  to  surrcndci 
^ight  compel  ^^J^^^  the  bill  not 
[burn  tlic"  •  /\'g'rhivv  f  ^  danferou. 
Vecessary,  ^"^.^^^f^  "*  t*  ^as  objected 
doubtful,  aut^XStt,  ;  it  "cbarlct^': 
Ls  vague  and  indefinite  in  ^^^  ,^^^^ 

f  is  that  objection  g«t  m  ey        ^^^ 
b  that  itshall  not  be^^^^^^^^^^  \r  I , 
Inaster   in  ^ny  S^^noS^^^      defer 


[mt,  hiiiidliill,  or  otluT  printi-d  paper  or  pictorial 

r<'|>n'sciit«ti"n.  touching  the  s\d)jeet  of  slavery, 

\»luMT,  by  the  laws  of  the  Bald  State,  trrrifory, 

or  district,  their  circulation  is  prohibited.    Now, 

wli:it  could  bo  more  vague  and  indellnite  than 

tliis  description  ?     Now,  could  it  be  decided,  by 

lliis  descripti(m,  what  publications  should  be 

withheld   from  distribution?     The  gentleman 

iVoni  Pennsylvania  said  that  the  laws  of  the 

States  would  supi)ly  the  oniissiou.     lie  thought 

the  senator  was  premature  in  saying  that  there 

would   be  precision  in   .State  laws,  before   be 

showed  it  by  producing  the  law.     He  had  seen 

no  such  law,  and  he  did  not  know  whether  the 

description  in  the  bill  was  applicable  or  not. 

There  was  another  objection  to  this  part  of  the 

bill;  it  applied  not  only  to  the  present  laws  of 

the  States,  but  to  any  future  laws  that  might 

pass.     Mr.  G.  denied  that  the  bill  applied  to  the 

Hlavehol<ling  States  only  ;  and  went  on  to  argue 

that  it  coid(i  be  applied  to  all  the  States,  and  to 

any  publication  touching  the  subject  of  slavery 

whatever,  whether  for  or  against  it,  if  such  |)ub- 

licatiou  was  only  prohibited  by  the  laws  of  such 

State.    Thus,  for  instance,  a  non-slaveholding 

State  might  proliibit  publications  in  defence  of 

the  institution  of  slavery,  and  this  bill  would 

ajiplv  to  it  as  well  as  to  the  laws  of  the  slave- 

holilin.;  States ;  but  the  law  would  be  inopera- 

tivi':  it  declared  that  the  dei)uty  postmaster 

shiiuld  not  be  amenable,  unless  he  knowingly 

fliall  deliver,  &c.     Why,  the  postmaster  might 

[ilead  ignorance,  and  of  course  the  law  would  be 

inoperative. 

•  Hut  he  wanted  to  know  whence  Congress 
di'iivcd  the  power  to  pass  this  law,    It  was  said 
that  it  was  to  carry  into  eilect  the  laws  of  the 
States.    AVMierc  did  they  get  such  authority? 
lie  thought  that  their  only  authority  to  pass 
laws  was  in  pursuance  of  the  constitution  ;  but 
to  pitss  laws  to  carry  into  cftect  the  laws  of  the 
States,  was  a  most  prolific  authority,  and  there 
was  no  knowing  where  it  was  to  stop ;  it  would 
make  the  legislation  of  Congress  dependent  upon 
the  legislation  of  twenty-four  diircivnt  sove- 
reignties.   He  thought  the  bill  was  of  a  mo.st 
dangcious  tendency.    The  senator  from  Penn- 
sylvania asked  if  the  post-offlce  power  did  not 
give  them  the  right  to  regulate  what  should  be 
carried  in  the  mails.     Why,  there  was  no  such 
power  r  ^  that  claimed  in  the  bill ;  and  if  they 
passed  such  a  law,  it  would  be  exercising  a  most 
dangerous  power.     Why,  if  such  doctrine  pre- 
vailed, the  government  might  designate  the  per- 
pons,  or  parties,  or  classes,  who  should  have  the 
benefit  of  the  mails,  excluding  all  others." 

At  last  the  voting  came  on ;  and,  what  looks 
sufficiently  curious  on  the  outside  view,  there 
Mferc  three  tie  votes  successively — two  on  amend- 
ments, and  one  on  the  engrossment  of  the  bill. 
The  two  ties  on  amendments  stood  fifteen  to 
fifteen— the  absentees  being  eighteen :  one  third 


of  the  Senate :  the  tie  on  engrossment  w  as  eigh- 
teen to  eighteen — the  absentees  being  twelve: 
one  fourth  of  the  Senate.     It  was  Mr.  Cnlhoim 
who  called  for  the  yeas  and  nays  on  each  of 
these  questions.     It  was  evident  that  there  was 
a  design  to  throw  the  bill  into  the  hands  of  tho 
Vice-President — a  New-Yorker,  and  the   pro- 
minent candidate  for  the  presidency.     In  com- 
mittee of  the  whole  ho  did  not  vote  in  the  case 
of  a  tie ;  but  it  was  necessary  to  establish  an 
equilibrium  of  votes  there  to  be  ready  for  tho 
immediate  vote  in  Senate  on  the  engrossment ; 
and  when  the  committee  tie  was  deranged  by 
tho  accession  of  three  votes  on  one   side,  tho 
equilibrium  was  immediately  re-established  by 
three  on  the  other.    Mr.  Van  Ihiren.  at  the  mo- 
ment of  this  vote  (on  the  engrossment)  was  out 
of  tho  chair,  and  walking  behind  the  <'oloimado 
back  of  the  pivsiding  oflicer's  chair.     My  eyes 
were  wide  open  to  what  was  to  take  place.    Mr. 
Calhoun,  not  .seeing  him,  eagerly  and   loudly 
asked  where  was  the  Vice-P»i'sident  ?  and  told 
the  Sergeant-at-arms  to  look  for  him.     Ibit  lie 
needed  no  looking  for.    He  was  w  ithin  Hearing 
of  all  that  passed,  and  ready  for  the  contingency : 
and  immediately  stepping  up  to  bis  chair,  and 
standing  up,  promptly  gave  the  casting  vote  in 
favor  of  the  engrossment.    I  deemed  it  a  polit- 
ical vote,  that  is  to  say,  given  from  policy ;  and 
I  deemed  it  justifiable  under  the  circumstances. 
Mr.  Calhoun  had  made  the  rejection  of  the  bill 
a  test  of  alliance  with  Northern  abolitionists, 
and  a  cause  for  tho  secession  of  the  Southern 
States  :  and  if  the  bill  had  been  rejected  by  Van 
Duron's  vote,  the  whole  responsibility  of  its  loss 
would  have  been  thrown  upon  him  and  tho 
North ;  and  the  South  inflamed  against  those 
States  and  himself — the  more  so  as  Mr.  White, 
of  Tennessee,  the  opposing  democratic  candidate 
for  the  presidency,  gave  his  votes  for  the  bill. 
Mr.  Wright  also,  as  I  believe,  voted  politically, 
and  on  all  the  votes  both  in  tho  committee  and 
the  Senate.     Ho  was  the  political  and  the  per- 
sonal friend  of  tho  Vice-President,  most  confi- 
dential with  him,  and  believed  to  be  the  best 
index  to  his  opinions.    lie  was  perfectly  sensi- 
ble of  his  position,  and  in  every  vote  on  tho 
subject  voted  with  Mr.  Calhoun.    Several  other 
senators  voted  politically,  and  without  com- 
punction, although  it  was  a  bad  bill,  as  it  was 
known  it  would  not  pass.    Tlie  author  of  this 
View  would  not  so  vote.    Ho  was  tired  of  the 


088 


nnilTY  YKAR8'  VIEW. 


!l 


m-i 


Mm: 


W! 


i>>' 


i.M 


ctcriiiJ  cry  of  disHolvin^  the  I'liidn— ditl  not 
iK'Iii'vi'  ill  it — ami  woul«l  not  fjivc  a  tepu^nant 
vott'  to  avoid  tbe  trial.  Tlio  tii'  vote  liavin(j 
Ik'I'ii  otrocti'd,  iiixl  failod  of  itM  f.\)H>('t(>d  roMiilt, 
till'  Si'iiati'  aCli'ivviirds  voti'd  (|iiito  fully  on  tliu 
lliial  paHsano  of  till'  bill,  and  ifjirted  it — twonty- 
flvc  to  ninototn :  only  four  absent.  Tlio  yoaH 
were :  Messrs.  Hlaek,  Itedford,  Ilrown,  IJncba- 
nan,  Calhoun,  C'lithbert  of  (ieor);ia,  (iriindy, 
Kill)];  of  Alabama,  Kiii);  of  (leor^ia,  Man(;iitn, 
MooiP,  Nieholas  of  l>ouisiana,  Alexander  i'orter, 
I'reston  of  South  Carolina,  Kives,  llobinson, 
Tallinadjje,  Walker  of  Mississippi,  White  of  Ten- 
uesseo,  Siliw  Wrinlit.  The  nay h  were  :  MeHsrs. 
IJenton,  Clay,  Crittenden,  Davis  of  MaHsachii- 
setts,  Ewinjj;  of  Illinois,  Ewiiif;  of  Ohio,  (iolds- 
borouj^h  of  JIarylanil,  Hendricks,  Hubbard, 
Kent,  Knif^ht,  I-eif;li,  AIcKeau  of  Pennsylvania, 
Thomas  Morris  of  Ohio,  Naudain  of  Delaware, 
Niles  of  Connecticut,  Prentiss,  Uupgles,  Shcpley, 
Southard,  Swift,  Tipton,  Tomliiison,  Wall  of 
New  Jersey,  Webster  :  majority  six  against  the 
bill ;  and  seven  of  them,  if  tlic  solecism  may  be 
ftllowe<l,  from  the  slave  States.  And  thus  was 
accomplished  one  of  the  contingencies  in  which 
"State  interposition  "  was  again  to  be  applied 
— the  "  rightful  remedy  of  mil!i(ication  "  again 
resorted  to — and  the  "  domestic  institutions  " 
of  the  Southern  States,  by  "concert"  among 
themselves,  '•  to  be  placed  beyond  the  reach  of 
danger." 


CHAPTER    CXXXII. 

FRENCH  AI'KAIUS— ArPROACH  OF  A  FRENCH 
SQUAUUON-ArOLOOV  REQUIRED. 

In  his  annual  message  at  the  commencement  of 
the  session  the  President  gave  a  general  state- 
ment of  our  affaivs  with  France,  and  promised  a 
sjiecial  communication  on  the  subject  at  an  early 
day.  That  comnninication  was  soon  made,  and 
showed  a  continued  refusal  on  the  part  of  BVance 
to  pay  the  indemnity,  unless  an  apology  was 
first  made  ;  and  also  showed  that  a  French  fleet 
was  preparing  for  the  American  seas,  under  cir- 
cumFtances  which  implied  a  design  either  to 
overawe  the  American  government,  or  to  be 
ready  for  expected  hostilities.  On  the  subject 
of  the  apology,  the  message  said : 


"Whilst,  howevrr,  the  guvirnmeiil  of 
I  niti'd  Stales  was  awaiting  llie  niovenit  iil' 
the  French  govirniiiciil,  in  perfect  eonjiilt 
that  the  tlinicully  was  iit  an  end.  the  Scnc 
of  Slate  receiveij  a  call  fnuii  the  l-'ii  iidi  ciii 
d'atl'aires  in  \Va>liiiig<(iii,  wliodesiri'd  to  riii 
him  a  letttr  he  had  reCfived  from  the  i'n 
minister  of  foreign  aflhirs.  lie  was  a.-ktil  v 
tlnr  he  was  instructed  or  dincted  to  iiiaki' 
ollicial  coiiimunicutioii,  an<l  iiplied  Ihiil  lie 
only  aiith(ui/.ed  to  reiul  the  letter,  and  fiiini 
copy  if  reipiested.  It  was  an  attempt  ton 
known  to  the  government  of  the  I'nited  Stii 
privati^y,  in  what  miiiiner  it  could  make  e\ 
nations,  apparently  vtduntary,  but  really  liiri; 
by  Fiance,  lu-ceptable  to  her,  and   thus  nlj 

Kiiyment  of  the  twenty-live  millioim  of  lia 
o  exception  was  taken  to  this  mode  of  r 
munieation,  which  is  often  used  to  pn'|i»i'i' 
way  for  ofllcial  intercourse  ;  but  the  siiggo.! 
miule  in  it  were,  in  the  r  substance,  wliollv 
admissible.  Not  being  m  the  shape  of  iin  cilli 
communication  to  this  government,  it  ilid 
admit  of  reply  or  otlicial  imtice;  nor  enuii 
safely  be  made  the  basis  of  any  action  iiy 
Executive  or  the  legislature;  and  the  Sa ivt 
of  State  did  not  think  proper  to  ask  ac<ipy, 
cause  he  could  have  no  use  for  it." 

One  cannot  but  be  struck  with  the  e.\ti( 
moderation  with  which  the  President  givis 
history  of  this  private  attempt  to  obtuui  u 
tated  apology  from  him.     He  recounts  it  suljJ 
and  quietly,  without  a  single  expression  nF 
tated  feeling  ;  and  seems  to  have  met  aiu 
a.sidc  the  attempt  in  the  same  ({uiet  maiiiu 
was  a  proof  of  his  extreme  indisposition  to 
any  collision  with  France,  and  of  his  ] 
detenninp'lon  to  keep  himself  on  the  rigl 
in  the  controversy,  whatever  aspect  it 
assume.    But  that  was  not  the  only  tr 
which  his  temper  was  put.    The  attempt 
tain  the  apology  being  civilly  repulsed,  am 
proffered  copy  of  the  dictated  terms  refuse 
be  taken,  an  attempt  was  made  to  get  that 
placed  upon  the  archives  of  the  governii 
with  the  view  to  its  getting  to  Congress, 
through  Congress  to  the  people ;  to  becoi 
point  of  attack  upon  the  President  for  not  (; 
the  apology,  and  thereby  getting  the  in 
from  France,  and  returning  to  friendly  R'lii 
with  her.    Of  this  attempt  to  get  a  refuse 
per  upon  our  archives,  and  to  make  it  op 
as  an  appeal  to  the  people  against  their 
government,  the  President  (still  preservin 
his  moderation),  gives  this  account : 

"  Copies  of  papers,  marked  Nos.  9, 10, 


in 


to 


l.i.ii  1  '     ;    '■■ 


ANNO  isart.    ANDREW  JACKSON,  niliSinENT. 


589 


?""\r;r  ^'--lk.l^vl.- 
'r"^'*'>\'\V^'  !  .ulafuvuUh. 
:'   "  'IT  V       .  u  IttonM-t  to  n.U 

auvttn».uuM    tc      '  .^.^  J 

";::;£;  to  ih-.  ...oae or .,,... 

i.aiMerco«rse;     a^^^^^ 

on  to  ^"'      x  ,,,,»irf  iior  i'"um  it 

:,!;;r«s';:^n»r^ -'•■ 

uld  have  no  u>»o  lov  u. 

,,tlmt  be  struck  ^vith  the  cMuuK. 

U-.HrrivatcattcMnrtto..tnn.a.- 

CftLhun.    llcm-ouutsus,.. 
'without  a  single  c.xi.rcss>on  ol.n 

rsrrtr:v\f 

.was  put.    Thcattemi.ttoob- 

^        f  f ho  dictated  terms  refused  to 
"'Llpt^^H-adeto,cttl>atcopy 

,ce  and  returning  to  iritnu.j' 

b  tic  *-*"'('««'""''"' 

ration),  P>«'"'""''"'°''  ,„ 

,.„rpaper.,~rl'«INos.9,10,«.dll, 


kIi'Hv  iin   attrmpt   on   the  piirt   of  (ln>  Fvencli 
clinrn^   d'ntliiirtM,  nmny  wi-cKk   nftorwardn,   to 
iilnn-  a  copy  of  t\\\n  pniMT  nmoii(i  (lie  nrcliivos 
III' tliiM  p;ov(<ruinont,  whu'li  fur  obvious  reasouH, 
\\\\A  not  allowi'd  to  Ih;  done  ;  hut  tho  nsHurance 
IhI'hic  nivcu  wnH  rt'wntt'd,  that  any  ofllcial  coin- 
iniinication  which  he  inijj:lit  ho  authorized  to 
niilxc  in  the  accuHtoinod  form  would  nreivi'  a 
liMiiipt and juHt conHirlcration.    The indlHcrction 
III  thin  attempt  was  made  more  manifest  Ity  the 
.ii'i-cipicnt  avowal  of  tlie   French  cliarp'  d'af- 
fiiin-',  that  the  ohjeot  was  to  hrinj?  the  letter 
lufiire  C'onnress  nnd  the  American  people.     If 
fiiivi;^n  av'cnts,  on  a  snhject  of  disagreement  hp- 
t  vccii  their  government  and  this,  wish  to  prefer 
1111  ii|i|ical   to  the   American  people,  they  will 
lull  it'lcr,  it   is   hoped,  hetter  apjirociate   their 
own  rijrhts,  and  the  reswrt  due  to  others,  than 
til  attein|tt  to  use  tlic  Kxeculiveas  the  passive 
mvivi  of  their  communications.     It  is  due  to  the 
1  hiiiiictcr  (if  our  institutions  that  the  diplomatic 
iiitii('oiir>e  of  this  pivernmeiit  shouM  he  con- 
(liirtdl  with  the  utmost  directness  ami  simplicity, 
mill  that,  in  all  cases  of  importance,  the  ccmi- 
iiiiiiiiciitioiiH  received  or  made  hy  the  E.xecutive 
>liiiiilil  assume  the  accuslonied  olllcial  form.     It 
;.<  iinly  hy  insistins;  on   this  form  that  foreit^n 
pdwers  ran  he  held  to  full  responsibility  ;  that 
tlicir  coiiununications  can  be  ()fllciany  replied 
111 ;  (ir  that  the  advice  or  interference  of  the 
K;;i<latiue  can,  with  propriety,  be  invited  by  the 
I'lv-iilcnt.     This  course  is  also  beat  calculated, 
o:i  the  one  hand,  to  shield  that  ofHcer  from  un- 
jibt  suspicions ;  and,  on  the  other,  to  subject 
this  porlion  of  his  acts  to  public  scrutiny,  an(^ 
if  iicciision  shall   require   it,   to  constitutional 
aniiniiilver.siou.     It  was  the  more  necessary  to 
aiiliiTc  to  these  principles  in  the  instance  in  ques- 
tion, inasmuch  as,  in  a<Mition  to  other  imix)rtant 
interests,  it  very  intimately  concerned  the  na- 
tional honor;  a  matter,  in  my  judgment,  much 
tiiu  sacred  to  be  nuide  the  subject  of  private  and 
unofficial  negotiati(m." 

Having  shown  the  state  of  the  question,  the 
President  next  gave  his  opinion  of  what  ought 
to  Ijc  douo  by  Congress  ;  which  was,  the  inter- 
diction of  our  ports  to  the  entry  of  French  ves- 
sels nnd  French  products : — a  milder  remedy 
than  tliat  of  reprisals  which  ho  had  recom- 
mended at  the  previous  session.    lie  said : 

"  It  is  time  that  this  unequal  position  of  af- 
fairs should  cease,  and  that  legislative  action 
should  be  brought  to  sustain  Executive  exertion 
in  such  measures  as  the  case  re(iuire8.  While 
Irancc  persists  in  her  refusal  to  complj'  with 
the  terms  of  a  treaty,  toe  object  of  which  was, 
hy  removing  all  causes  of  mutual  complaint,  to 
nn.'W  ancient  feelings  of  friendship,  and  to  unite 
the  two  nations  in  the  bonds  of  amity,  and  of  a 
mutually  beneficial  commerce,  she  cannot  justly 
complain  if  we  adopt  such  peaceful  remedies  as 
the  law  of  nations  and  the  circumstances  of  the 


ra«o  maj'  authorize  and  demand.  Of  the  nature 
of  thes«'  remedies  I  have  heretofore  had  occasion 
to  speak  ;  and,  in  refen-nce  to  a  particidar  con- 
tingencv,  to  express  my  conviction  that  reprisals 
would  be  IkhI  adajited  to  the  emergency  then 
rontemplateil.  Since  that  pcrioil,  Fiance,  by  all 
the  flepartnu-ntsof  her  government  has  acknow- 
ledged the  validity  of  our  cliiims  and  the  obliga- 
tions of  the  treaty,  and  has  a|ipnipriated  the 
moneys  which  are  necessary  to  lis  execution; 
and  though  payment  is  witliluld  on  groiimls 
vitally  important  to  onr  exi>leiice  as  an  indc- 
IH'iKh'Ut  nation,  it  is  not  to  lie  believcil  that  she 
can  have  determined  permanentiv  to  ntain  a 
position  so  utterly  indefensible.  In  the  altered 
state  of  tlie  questions  in  cnntrovevsy,  and  under 
all  existing  circumstances,  it  appears  to  me  that, 
until  such  n  determination  shall  have  become 
evident,  it  will  be  proper  nnd  sullicient  to  n- 
taliate  lier  present  refusal  to  conqily  with  her 
engagements  by  prohibiting  the  inlr>)dui'tiiiii  of 
French  products  and  the  entry  of  Fremli  vessels 
into  our  ports.  Between  this  and  the  interdic- 
ti<in  of  all  commercial  intercourse,  or  other  re- 
medies, y(m,  as  the  re|)resentatives  df  the  p«'ople, 
must  determine.  I  recommend  the  former,  in 
the  present  posture  of  our  affairs,  as  being  the 
least  injurious  to  our  commerce,  and  as  attended 
with  the  least  difficulty  of  returning  to  the  iisnal 
state  of  friendly  intercourse,  if  the  government 
of  France  shall  render  us  the  justice  that  is  <lue ; 
and  also  as  a  proper  preliminary  step  to  stronger 
meas\nes,  should  their  a(h)ption  be  rendered  ne- 
cessary by  subsequent  events." 

This  interdiction  of  the  commerce  of  France, 
though  a  milder  measure  than  that  of  reprisals, 
wotdd  still  have  been  a  severe  one — severe  at 
any  time,  and  particularly  so  since  the  formation 
of  this  treaty,  the  execution  of  whi('h  was  so 
much  delayed  by  France  ;  for  that  was  a  treaty 
of  two  parts — something  to  he  done  on  each  side. 
On  the  part  of  France  to  pay  us  indemnities:  on 
our  side  to  reduce  tho  duties  on  French  wines : 
and  this  reduction  had  been  inmiediately  nmde 
by  Congress,  to  take  effect  from  the  date  of  the 
ratification  of  the  treaty  ;  and  the  benefit  of  that 
reduction  had  now  been  enjoyed  by  French 
commerce  for  near  four  years.  But  that  was 
not  the  only  benefit  which  this  treaty  brought 
to  France  from  the  good  feiding  it  jiroduced  in 
America:  it  procured  a  discrimination  in  favor 
of  silks  imported  from  this  side  of  the  Cape  of 
Good  Hope — a  discrimination  iniiring,  nnd  in- 
tended to  iimre,  to  the  benefit  of  France.  Tho 
author  of  this  View  was  much  instnnnental  in 
procuring  that  discrimination,  and  did  it  upon 
conversations  with  the  then  resident  French 
minister  at  Washington,  and  founding  his  argu- 


.A-^'-r^       _ 


iftfj' 


i!  k 


''(;■:!.:',•      "i' 


ll'i-V 


■;.-:^    ,.[  :!„:=! 


Ui: 


590 


THIRTY  YEARS'  VIEW. 


M" 


ment  iijjon  data  derived  from  him.  The  data 
Were  to  show  that  the  discrimination  would  be 
Itciieficinl  to  the  trade  of  both  countries ;  but  the 
inducing  cause  was  good-will  to  France,  and  a 
desire  to  bury  all  recollection  of  past  differences 
in  our  emulation  of  good  works.  This  view  of 
the  treaty,  and  a  statement  of  the  advantages 
which  France  had  obtained  from  it,  was  well 
shown  by  Sir.  Buchanan  in  his  speech  in  sup- 
port of  the  message  on  French  affairs  j  in  which 
he  said : 

"  The  government  of  the  United  States  pro- 
ceeded immediately  to  execute  their  part  of  the 
treaty.  By  the  act  of  the  13th  July,  1832,  the 
duties  on  French  wines  were  reduced  according 
to  its  terms,  to  take  effect  from  the  day  of  the 
exchange  of  ratifications.  At  the  same  session, 
the  Congress  of  the  United  States,  impelled,  no 
doubt,  by  their  kindly  feelings  towards  France, 
which  had  been  roused  into  action  by  what  they 
believed  to  be  a  final  and  equitable  settlement 
of  all  our  disputes,  voluntarily  reduced  the  duty 
npon  silks  coming  from  this  side  of  the  Cape  of 
Good  Hope,  to  five  per  cent.,  whilst  those  from 
beyond  were  fixed  at  ten  per  cent.  And  at  the 
next  session,  on  the  2d  of  March,  1833,  this  duty 
of  five  per  cent,  was  taken  off  altogether ;  and 
ever  since,  I'rench  silks  have  been  admitted  into 
our  country  free  of  duty.  There  is  now,  in  fact,  a 
discriuiinal  ing  duty  of  ten  per  cent,  in  their  favor, 
over  silks  from  beyond  the  Cape  of  Good  Hope. 

'•  What  has  France  gained  by  these  measures 
in  duties  on  her  wines  and  her  silks,  which  she 
would  otherwise  have  been  bound  to  pa}'  ?  1 
have  called  upon  the  Secretary  of  the  Treasury, 
for  the  purpose  of  ascertaining  the  amount.  I 
now  hold  in  my  hand  sv  tabular  statement,  pre- 
pared at  my  request,  which  sliows,  that  had  the 
duties  remained  what  they  were,  at  the  date  of 
tlic  ratification  of  the  treaty,  these  articles,  since 
that  time,  would  have  paid  into  the  Treasury, 
on  the  3f)th  September,  1834,  the  sum  of 
$3,001,525.  Judging  from  the  large  importa- 
tions which  have  since  been  made,  I  feel  no  hesi- 
tation in  declaring  it  as  ray  opinion,  that,  at  the 
present  moment,  tliese  duties  would  amount  to 
more  than  the  whole  indemnity  which  France 
lias  engaged  to  pay  to  our  fellow-citizens.  Be- 
fore the  conclusion  of  the  ten  years  mentioned 
in  the  treaty,  she  will  have  been  freed  from  the 
pa3-ment  of  duties  to  an  amount  considerably 
above  twelve  millions  of  dollars." 

It  is  almost  incomprehensible  that  there 
should  have  been  such  delay  in  complying  with  a 
treaty  on  the  part  of  France  bringing  her  such 
advantages ;  and  it  is  due  to  the  King,  Louis 
Philippe  to  say,  that  he  constantly  referred  the 
delay  to  the  difficulty  of  getting  the  appropria- 
tion through  the  French  legislative  chambers. 


lie  often  applied  for  the  appropriation,  but  coi 
not  venture  to  mv.\ic  it  an  administration  qui 
tion ;  and  the  offensive  demand  for  the  apolo 
came  from  that  quarter,  in  the  shape  of  an  « 
prccedentd  proviso  to  the  law  (when  it  i 
pass),  that  the  money  was  not  to  be  paid  uii 
there  had  been  an  apologj'.  The  only  object! 
to  the  King's  conduct  was  that  he  did  not  ma 
the  appropriation  a  cabinet  measure,  and  try 
sues  with  the  chambers ;  but  that  objection  li 
become  less  since ;  and  in  fact  totally  disappear* 
from  seeing  a  few  years  afterwards,  the  en 
with  »vhich  the  King  was  expelled  from  I 
throne,  and  how  unable  he  was  to  try  issu 
with  the  chambers.  Tiie  elder  brancli  of  t 
Bourbons,  and  all  their  adherents,  were  unfrien 
ly  to  the  United  States,  considering  the  Anieric 
revolution  as  the  cause  of  the  French  revolutio 
and  conseijuently  the  source  of  all  their  tweiit 
five  years  of  exile,  sullering  and  death.  The  r 
publicans  were  also  inimical  to  him,  and  sjdi 
with  the  legitimists. 

The  President  concluded  his  message  wi 
stating  thai  a  lai-ge  French  naval  armainc 
was  under  orders  for  our  seas;  and  said : 

"  Of  the  cause  and  intent  of  these  annamcn 
I  have  no  authentic  information,  nor  any  otii 
means  of  judging,  except  such  asareconnnon 
yourselves  and  to  the  public;  but  whateveriii 
be  their  object,  we  arc  not  at  liberty  to  repi 
them  a.s  unconnected  with  the  measures  wiii 
hostile  movements  on  the  part  of  Franco  in 
compel  us  to  pursue.     They  at  least  deserve 
be  met  by  adequate  preparations  on  our  [i; 
and  I  therefore  strongly  urge  large  and  s|iic 
appropriations  for  the  increase  of  the  navy,  i 
the  completion  of  our  coast  defences. 

"If  this  array  of  military  force  be  really 
signed  to  affect  the  action  of  the  goveriuiieiit  i 
people  of  the  United  States  on  the  questions  ik 
pending  betwcer    the  two  nations,  then  in(k 
would  it  be  dishonorable  to  pause  a  iiioiiieiit 
the  alternative  which  such  a  state  oi"  1 
would  present  to  us.     Come  what  niay,  tlii' 
planation  which  France  demands  can  never 
accorded  ;  and  no  aruianient,  however  power 
and  imposing,  at  a  distance,  or  on  our  coast,  w 
I  trust,  deter  us  from  discharging  the  hijrh  < 
tics  which  we  owe  to  our  constituents,  to 
national  character,  and  to  the  world." 

Mr.  Buchanan  sustained  the  mossase  ii 
careful  and  wcU-cousidered  review  of  tills  wli 
French  question,  showing  that  the  demiuui 
an  apology  was  an  insult  in  aggravation  of 
injury,  and  could  not  be  given  without  natio 
degradation ;  joining  the  President  iu  hia 


ANNO  183G.    ANDREW  JACKSON,  PRESIDENT. 


591 


for  the  appropriation,  but  could 
,"'-e  it  an  administration  qucs- 
icnsivc  demand  for  the  apology 
quarter,  in  the  shape  of  an  un- 
io  to  the  law  (when  It  d>d 
money  was  not  t«  be  paul  until 
vnapologj'.  The  only  objection 
induct  was  that  he  did  not  make 

,n  a  cabinet  measure,  and  try  is- 
hambers;  but  that  objection  has 
ce- and  in  fact  totuUy  disappeared, 
few  years   afterwards,  the  case 
,c   King  was  expelled  from  \n, 
>ow  unable  he  was  to  try  .ssues 
^bers     The  elder  branch  of  the 
all  their  adherents,  were  unfriund- 
d  States,  considering  the  American 
he  cause  of  the  French  revolution; 
:,tly  the  source  of  all  their  tweiity- 
■xile,  sullering  and  death.     Ihere- 
,rc  also  inimical  to  him,  and  sided 

tiniists.  . , 

dent  concluded  Ins  message  ^^.th 
a  large  French  naval   armai.K.it 
rdcrsforourseas;  and  said : 

b,.c  and  intent  of  these  armaments 
Sic  information,  nor  any  otl. 

,n"  except  such  as  are  common  to 
Tt^;  the  public;  but  whatever  may 
iJwetrnot  at  liberty  to  re,^^^^^^^ 
onnected  with  the  measures  wli.cli 
V.L  the  nart  of  France  may 
iTJue     Wat  least  deserve  to 

JdCia  e  preparations  on  .mr  par , 
Kn  stronMv  nrge  large  and  si,ec(l\ 
ore  siroiir,i>  r-  „*•  *i,o  mw  and 
ms  for  the  increase  of  ttic  navj,  ami 
ion  of  our  coast  defences. 

ind  no  nnnameut,  n(n\e\>.i  i 
",  a   a«listunee.(.ronourcoast 
;;\lfrom  discharging  the  u,h 
t  owe  toour  constituent^toour 
laracter,  and  to  the  world. 

Lan  sustained  tl.  -^^^^^l 
I  woU-considered  review  of  this  «!o 

Ction,  showing  that  the    emand 
Iwas  an  insult  in  aggravations  tl 

Pianot  be  given  without.;^-^ 
Inijoiniug  the  President  m  his  cau 


for  measures  for  preserving  the  rights  and  honor 
(>f  the  country ;  declaring  that  if  hostilities  ciune 
they  were  preferable  to  disgrace,  and  that  the 
wliole  world  would  put  the  blame  on  France. 
Jlr.  Calhoun  took  a  different  view  of  it,  declar- 
in"  that  the  state  of  our  affairs  with  France  was 
the  effect  of  the  President's  mismanagement,  and 
that  if  war  came  it  would  he  entirely  his  fault ; 
and  affirmed  liis  deliberate  belief  that  it  was  the 
President's  design  to  have  war  witli  France. 
He  said : 

"  I  fear  that  the  condition  in  which  the  coun- 
try is  now  placed  has  been  the  result  of  a  delib- 
erate and  systematic  policy.     I  am  bound  to 
speak  my  sentiments  freily.     It  is  due  to  my 
coiistitutents  and  the  country,  to  act  with  per- 
fict  candor  and  truth  on  a  question  in  which 
their  interests  is  so  deeply  involved.     I  will  not 
assert  that  tlie  Executive  has  deliberately  aimed 
at  war  from  tlic  coinmencemeut ;  but  I  will  say 
tliat,  from  the  beginning  of  tlic  controversy  to 
the  present  moment,  the  course  which  the  Pre- 
sident has  pursued  is  precisely  the  one  calcula- 
ted to  terminate  in  a  conllict  between  tlie  two 
nations,     it  has  been  in  his  power,  at  every  pe- 
riod, to  give  tiie  controversy  a  direction  by  whicli 
tlie  peace  of  the  country  might  be  preserved, 
witliout  tlie  least  sacrifice  of  reputation  or  hon- 
or ;  but  he  has  preferred  the  opposite.     I  feel 
(said  Mr.  C.)  how  painful  it  is  to  make  these 
(lechiratioiis  ;  how   unpleasant  it  is  to  occupy  a 
llo^ition  which  might,  by  any  possibility,  be  con- 
strue 1  in  opposition    to  our  country's  cause ; 
lull,  in  my  conception,  the  honor  and  the  inter- 
rsts  of  tlie  country  can  only  be  maintained  by 
imrsuing  tlie  course  that  truth  and  justice  may 
ilietale.    Acting  under  this  impression,  I  do  not 
hesitate  to  assert,  after  a  careful  examination  of 
ilie  documents  connected  with   this   unhappy 
,  controversy,  tiiat,  if  war  must  come,  we  are  the 
aiiliiors — we  are  the  responsible  party.    Staiid- 
I  in;;,  as  I  fear  wo  do.  on  the  eve  of  a  conflict,  it 
would  to  me  have  been  a  source  of  pride  and 
liioiisiire  to  make  an  opposite  declaration ;  but 
that  sacred  regard  to  truth  and  justice,  which,  I 
trust,  will  ever  be  my  guide  under  the  most  dif- 
I  ticult  circumstances,  would  not  permit." 

Mr.  Benton  maintained  that  it  was  the  con- 
[ductof  the  Senate  at  the  last  session  which  had 
Igivcn  to  the  French  question  its  present  and 
jhoslile  aspect :  that  the  belief  of  divided  counsels, 
liiul  of  a  majority  against  the  President,  and  that 
Iwe  looked  to  money  and  not  to  honor,  had  en- 
|«)'.:uged  the  Frencli  chambers  to  insult  us  by 

[deniauding  an  apology,  and  to  attempt  to  in- 

fcuidate  us  by  cunding  a  fleet  upon  our  coasts. 

le  said : 

41  was  in  March  last  that  the  three  uiillionB 


and  the  fortification  bill  were  lost ;  since  then  the 
whole  aspect  of  the  French  question  is  changed. 
The  money  is  withheld,  and  explanation  is  de- 
manded, an  apology  is  prescribed,  and  a  French 
fleet  approaches'.  Our  government,  charged 
with  insulting  Fr-inc:,  when  no  insult  was 
intended  by  us,  anu  none  can  be  detected  in  our 
words  by  her,  is  itself  openly  and  vehemently  in- 
sulted. The  apology  is  to  degrade  us  the  fleet 
to  intimidate  us ;  and  the  two  together  consti- 
tute an  insult  of  the  gravest  chanicter.  There 
in  no  parallel  to  it,  except  in  the  history  of 
France  herself;  but  not  Franco  of  the  19th  cen- 
tury, nor  even  of  the  18th,  but  in  the  remote 
and  ill-regulated  times  of  the  17th  century,  and 
in  the  days  of  the  proudest  of  tiie  French  Kings, 
and  towards  one  of  the  smallest  Italian  repub- 
lics. I  allude,  sir,  to  what  happened  between 
Louis  XIV.  and  the  Doge  of  Genoa,  and  will  read 
the  account  of  it  from  the  pen  of  Voltaire,  in  his 
Age  of  Louis  XIV 

" '  The  fienocse  had  built  four  galleys  for  the 
service  of  Spain ;  the  King  (of  France)  forbade 
them,  by  his  envoy,  St.  Olon,  one  of  his  gentle- 
men in  ordinary,  to  launch  those  galleys.  The 
Genoese,  incensed  at  this  violation  of  their  liber- 
ties, and  depending  too  nuicl>  on  the  support  of 
Spain,  refused  to  obey  the  order.  1  mmediately 
fourteen  men  of  war,  twenty  galleys,  ten  bomb- 
ketches,  witli  several  frigates,  set  sail  from  the 
port  of  Toulon.  They  arrived  before  Genoa, 
and  tiic  ten  bomb-ketches  dis(!'uarged  14,000 
shells  into  the  town,  wlii;li  reduced  to  ashes  a 
principal  part  of  those  marble  editices  which  had 
entitled  this  city  to  the  name  of  Genoa  the 
Proud.  Four  thousand  men  were  then  lauded, 
who  marched  up  to  the  gates,  and  burnt  the 
suburb  of  St.  Peter,  of  Arena.  It  was  now 
tliought  prudent  to  submit,  in  order  to  prevent 
tlie  total  destruction  of  the  citj'.  The  King  ex- 
acted that  the  Doge  of  Genoa,  villi  four  of  the 
principal  senators,  should  come  and  implore  his 
clemency  in  the  i)alace  of  Versailles  ;  and,  lest 
the  Genoese  should  elude  the  making  this  satis- 
faction, and  lessen  in  any  manner  the  pomp  of 
it,  hi  insisted  further  that  the  Doge,  who  was 
to  perform  this  embassy,  should  be  continued  in 
his  magistracy,  notwithstanding  the  perpetual 
law  of  Genoa,  which  deprives  the  Doge  of  his 
dignity  who  is  absent  but  a  moment  from  the 
city.  Imperialo  Lerearo,  Doge  of  Genoa,  attended 
by  the  senators  Loi;  'lino.  Garibaldi,  Durazzo, 
and  Salvago,  repaired  to  Versailles,  to  submit  to 
what  was  required  of  hi;  i.  The  Doge  appeared 
in  his  robes  of  .state,  his  head  covered  with  a 
Imniiet  of  red  velvet,  which  he  often  look  olf 
during  his  speech ;  made  his  apology,  the  very 
wonls  and  demeanor  of  wliit;h  were  dictated  and 
prescribed  to  him  by  Seignelai,'  (the  French 
Secretary  of  State  foi*  Foreign  Affairs). 

"  Thus,  said  Mr.  B.,  was  the  ciiy  of  Genoa, 
and  its  Doge,  treated  by  Ixniis  XIV.  Hut  it 
was  not  the  Doge  who  was  degraded  by  this 
indignity,  but  the  republic  of  whicli  he  waa 
ciiiof  magistrate,  and  oil  tho  republici  of  Itulj, 


t 


592 


THIRTY  YEARS*  VIEW. 


"ii 


J ' 


/:?; 


f  ]  ;? 


i3l«' 


m'-   fl 


besides,  which  felt  thciiiselves  all  humbled  by 
the  outrage  which  a  king  had  inflicted  upon  one 
of  their  number.  So  of  the  apology  demanded, 
and  of  the  Ueet  sent  upon  us,  and  in  presence  of 
which  President  Jackson,  according  to  the  Coii- 
stilutiOiniel,  is  to  make  his  decision,  and  to  re- 
mit it  to  the  Tuilcries.  It  is  not  President 
Jackson  that  is  outraged,  but  the  republic  of 
which  he  is  President ;  and  all  existing  repub- 
lics, wheresoever  situated.  Our  whole  country 
is  insulted,  and  that  is  tlie  feeling  of  the  whole 
country;  and  this  feeling  pours  in  upon  us  every 
day,  in  every  manner  in  which  public  sentiment 
can  be  manifested,  and  especially  in  the  noble 
resolves  of  the  States  whose  legislatures  are  in 
session,  and  who  hasten  to  declare  their  adhe- 
rence to  the  policy  of  the  special  message.  True, 
President  Jackson  is  not  required  to  repair  to 
the  Tuilcries,  with  four  of  his  most  obnoxious 
senators,  and  there  recite,  in  person,  to  the  King 
of  tlie  French,  the  apology  which  he  had  first 
rehearsed  to  the  Duke  de  Broglie ;  true,  the 
bomb-ketches  of  Admiral  Mackau  have  not  yet 
fired  14,000  shells  on  one  of  our  cities  ;  but  the 
mere  demand  for  an  apology,  the  mere  dictation 
of  its  terms,  and  the  mere  advance  of  a  fleet,  in 
the  present  state  of  the  world,  and  in  the  dif- 
ference of  parties,  is  a  greater  outrage  to  ns  than 
the  actual  perpetration  of  the  enormities  were 
to  the  Genoese.  This  is  not  the  seventeenth 
centurj'.  President  Jackson  is  not  the  Doge 
of  a  trading  city.  We  are  not  Italians,  to  be 
trampled  upon  by  European  kings  ;  but  Ameri- 
cans, the  descendants  of  that  Anglo-Saxon  race, 
which,  for  a  thousand  3'ears,  has  known  how  to 
command  respect,  and  to  preserve  its  place  at 
the  head  of  nations.  AVe  are  young,  but  old 
enough  to  prove  that  the  theory  of  the  French- 
man, the  Abbe  Raynal,  is  as  false  in  its  applica- 
tion to  the  people  of  this  hemisphere  as  it  is  to 
the  otlier  productions  of  nature ;  and  that  ,he 
belittling  tendencies  of  the  New  World  are  no 
more  exemplified  in  the  human  race  than  they 
are  in  the  exhibition  of  her  rivers  and  her  moun- 
tains, and  in  the  indigenous  races  of  the  mam- 
moth and  the  mastodon.  The  Duke  de  Brog- 
lie has  made  a  mistake,  the  less  excusable,  be- 
cause he  might  find  in  his  own  country,  and 
perhaps  in  his  own  family,  examples  of  the  ex- 
treme criticalness  of  attempting  to  overawe  a 
community  of  freemen.  There  was  a  Marshal 
Broglie,  who  was  Minister  at  War,  at  the  com- 
mencement of  the  French  Revolution,  and  who 
advised  the  formation  of  a  camp  of  20,000  men 
to  overawe  Paris.  The  camp  was  formed.  Paris 
revolted ;  captured  the  Bastile ;  marched  to  Ver- 
sailles ;  stormed  the  Tuilcries  ;  overset  the 
monarchy  ;  and  established  the  Revolution.  So 
ranch  for  attempting  to  intimidate  a  cit}-.  And 
yet,  here  is  a  nation  of  freemen  to  be  intimi- 
dated :  a  republic  of  fourteen  millions  of  peo- 
ple, and  descendants  of  that  Anglo-Saxon  race 
which,  from  the  days  of  Agincourt  and  Cressy, 
of  Blenheim  and  Ramillies,  down  ♦-  the  days  of 
Salamanca  and  Waterloo,  have  always  known 


perfectly  well  how  to  deal  with  the  imp( 
and  fiery  courage  of  the  French." 

Mr.  Benton  also  showed  that  there 
party  in  the  French  Chambers,  working 
paratc  the  President  of  the  United  Statea 
the  people  of  the  United  States,  and  to 
him  responsible  for  the  hostile  attitude  i 
two  countries.  In  this  sense  acted  the  di 
Mons.  Henry  de  Chabaulon,  who  spoke  tl 

"  The  insult  of  President  Jackson  comei 
himself  only.  This  is  more  evident,  froi 
refusal  of  the  American  Congress  to  c 
with  him  in  it.  The  French  Chamber,  1 
terforing,  would  render  the  affair  more  s( 
and  make  its  arrangement  more  diflHcul 
even  dangerous.  Let  us  put  the  case  t 
selves.  Suppose  the  United  States  had 
part  with  General  Jackson,  we  should  hai 
to  demand  satisfaction,  not  from  him,  but 
the  United  States ;  and,  instead  of  now  t; 
about  negotiation,  we  should  have  had  to 
appropriations  for  a  war,  and  to  intrust  1 
heroes  of  Js'avarino  and  Algiers  the  t. 
teaching  the  Americans  that  France  kno« 
way  to  Washington  as  well  as  England." 

This  language  was  received  with  applai 
the  Chamber,  by  the  extremes.  It  was  th 
guage  held  six  weeks  after  the  rise  of  Con 
and  when  the  loss  of  the  three  millions 
by  the  President  for  contingent  preparatio 
after  the  loss  of  the  fortification  bill,  we 
known  in  Paris.  Another  speaker  in  the 
ber,  Mons.  Ranee,  was  so  elated  by  these 
as  to  allow  himself  to  discourse  thus ; 

"  Gentlemen,  we  should  put  on  one  si( 
tribune  the  twenty-five  millions,  on  tlie 
the  sword  of  France.  iVhen  the  Ame 
see  this  good  long  sword,  this  very  long  1 
gentlemen  (for  it  struck  down  every  tliiiij 
Lisbon  to  Moscow),  they  will  perhaps  ro 
what  it  did  for  the  independence  of  their 
try ;  they  will,  perhaps,  too,  reflect  upon 
it  could  do  to  support  and  avenge  the  lion 
dignity  of  F.  ance,  when  outraged  by  an  uii 
ful  people.  [Cries  of '  well  said ! ']  Belie 
gentlemen,  they  would  sooner  touch  yoi 
noy  than  dare  to  touch  your  sword ;  a 
your  twenty-five  millions  they  will  brii 
back  the  satisfactory  receipt,  which  it  i: 
duty  to  exact." 

And  this  also  was  received  with  great 
bation,  in  the  Chamber,  by  the  tw)  ext 
and  was  promptly  followed  by  two  roya 
dances,  published  in  the  Moniteur,  under 
the  Admiral  Mackau  was  to  take  comni 
a  "squadron  of  observation,"  and  proc 


n 


ANNO  1836.    ANDREW  JACKSON,  PRESIDENT. 


593 


5«  "'  -' 

,  ,180  Bhowed  that  there  vras  a 
French  Chambers,  working  to  se- 
Scnt  of  the  ITnited  States  from 

t  United  States,  and  to  ma  e 
L  for  the  hostile  attitude  of  the 
rfntWs  sense  acted  the  deputy, 
;-deChabaulon,  who  spoke  thus: 

«     •  i««t  Tnokson  comes  from 
'^^^iJ'tfmti  evident,  from  the 

y.       iniS   Ih  p„nrrrPSS    tO    COUCUr 

'"  "TSCprAc  case  to'.... 

ippose  the  United  SUtc,  ^^^^ 

GcJneral  Jackson,  ^^^'^^     ^„t  from 
satisfaction  not  fiomUj^^^ 

I  states ;  '^"'^'^^Stave  had  to  imkc 
otiation,  we  shouUi  n^  ^^  ^^^ 

,i,ns  for  a  ^^^;^ '^aS'S  tl>e  t,  ■.  ut 
;  ^'avarlno  ^nd  AIM  j.^,^^^^  ^1,^ 

„na  received  with  applause  m 

,w  himself  to  discourse  thus. 

''f  TpiSit.    Sen  the  America. 
krd  of  *»*"*='^-  ,  this  very  loiiR  swmJ, 

good  long  f^'°r^',J,*;.!n  evm-  thins:  from 
e^(^ror  it  struck  dov^n^v^^^^^^^ 

to  Moscow),  t'fy  „,,„_'    of  their  conn- 
did  for  the  »"derendence  o  ^^^^^ 

l.y  will,  perW'' ,*""'  nftheliouorund 
Jo  to  support  and  jwe  t  ^^^ 

.le.    ICrieBof'wdl^aulJ,,^     „n..^ 

,  exact." 

1  .  ,  wa^  received  with  great  api'tr 
this  also  was  recei>  ^^^^,^, 

in  the  Chamber,  by   he  Uye      ^^^. 

L  promptly  foUo-^^y^^^^^ 

published  mthejM.e«,  J 

„iral  Mackau  ^vas  to  t'vke  L 

\adron  of  observation,    and  P  | 


the  West  Indies.  The  Constitutlonncl,  the  demi- 
official  paper  of  the  government,  stated  that  this 
measure  was  warranted  by  the  actual  state  of 
the  relations  between  France  and  the  United 
States — that  the  United  States  had  no  force  to 
oppose  to  it — and  applauded  the  government  for 
its  foresight  and  cnerg:  Mr.  Benton  thus 
commented  upon  the  a  ^proach  of  this  French 
3quadron : 

"A  French  fleet  of  sixty  vessels  of  war,  to  be 
followed  by  sixty  more,  now  in  commission,  ap- 
proaches our  coast;  and  approaches  it  for  the 
avowed  purpose  of  observing  our  conduct,  in  re- 
lation to  France.    It  is  stylcrl,  in  the  Frencli 
papers,  a  squadron  of  observation  ;  and  we  are 
sufficiently  acquainted  with  the  military  voca- 
bulary of  France  to  know  what  that  phrase 
means.    Tn  t'ie  daj-s  of  tlie  great  Emjicror,  we 
were  accustomed  to  sop  the  armies  which  de- 
moUshcd  cnipires  at  a  blow,  wear  that  j)acific 
title  up  to  the  moment  that  the  blow  was  ready 
to  be  struck.    Ttiese  gr:!nd  armies  assembled 
on  the  frontiers  of  empires,  gave  emphasis  to 
ncsrotiation,  and  crushed  what  resisted.    A  squa- 
dron of  obsorvation.  then,  is  a  squadron  of  in- 
timidation first,  and  of  attack  eventually ;  and 
nothing  could  be  more  palpable  than  that  such 
was  the  character  of  the  squadron  in  question. 
It  leaves  the  French  coast  conteniporaneously 
with  the  departure  of  our  diplomatic  agent,  and 
the  assembling  of  our  Congress ;  it  arrives  upon 
our  coast  at  the  very  moment  that  we  shall  have 
to  vote  upon  French  afhiirs ;  and  it  takes  a  pos^i 


tion  upon 


our  Southern  border — that  border. 


above  all  others,  on  ^vhich  wc  arc,  at  this  time, 
peculiarly  sensitive  to  hostile  approach. 

"  What  have  we  done,  continued  Mr.  B.,  to 
draw  this  squadron  upon  us  1    We  have  done 
no  wrong  to  France  ;  we  are  making  no  prepa- 
rations against  her;  and  not  even  ordinary  pre- 
parations fur  general  and  permanent  security. 
We  have  treaties,  and  are  executing  them,  evon 
the  treaty  tluit  she  does  not  execute.    We  hav*. 
been  executing  that  treaty  for  four  years,  and 
mav  say  that  we  have  paid  France  as  much 
under  it  as  we  have  in  vain  demanded  from  her, 
as  the  first  instalment  of  the  indemnity ;  not, 
in  fact,  by  taking  money  out  of  our  treasury 
and  delivering  to  her,  but,  what  U  better  for  her, 
namely,  leaving  her  own  money  in  her  own 
hands,  in  the  shape  of  diminished  duties  upon 
ber  wines,  as  provided  for  in  this  same  treaty, 
which  we  execute,  and  which  she  does  not.    In 
this  way,  France  has  jrainedone  or  two  millions 
of  dollars  from  us,  h-esides  tlic  eucourngement 
to  her  wine  trade.    On  the  article  of  silks,  she  ! 
13  also  paining  money  from  us  in  the  same  way,  j 
j  not  by  treaty,  but  by  law.     Our  discriminating  ' 
I  'Inties  in  favor  of  silks,  from  this  side  the  Cape  ; 
of  Good  Hope,  operate  almost  entirely  in  her  | 
favor.    Our  great  supplies  of  silks  are  from' 
France,  England,  and  China.    In  four  years,  and  | 

Vol.  I— 38 


under  the  operation  of  this  discriminating  duty, 
our  imports  of  French  silks  have  risen  from  two 
millions  of  dollars  per  annum  to  six  millions 
and  a  half;  from  England,  they  have  risen  from 
a  quarter  of  a  million  to  three  quarters ;  fiom 
China,  they  have  sunk  from  three  millions  and 
a  quarter  to  one  million  and  a  quarter.  This 
discriminating  duty  has  left  between  one  and 
two  millions  of  dollars  in  the  pockets  of  French- 
men, besides  the  encouragement  to  the  silk  manu- 
facture and  trade.  AVhy,  then,  has  she  sent  tliia 
squadron,  to  observe  us  first,  and  to  strike  us 
eventually?  She  knows  our  pacific  disposition 
towards  her,  not  only  from  our  own  words  and 
actions,  but  from  the  official  report  of  her  o^vn 
officers;  from  the  very  ollicer  sent  out  last 
spring,  in  a  brig,  to  cprry  back  the  recalled  min- 
ister." 

Mr.  Benton  then  went  on  to  charge  the  pre- 
sent state  of  our  affairs  with  France  distinctly 
and  emphatically  upon  the  conduct  of  the  Sen- 
ate, in  their  refusal  to  attend  to  the  national 
defences — in  their  opposition  to  the  President — 
and  in  the  disposition  manifested  rather  to  pull 
down  the  President,  in  a  party  contest,  than  to 
sustain  him  against  France — rather  to  plunder 
their  own  country  than  to  defend  it,  by  taking 
the  public  money  for  distribution  instead  of  de- 
fence.   To  this  effect,  he  said : 

"He    had  never    spoken   unkindly    of  the 
French  nation,  neither  in  his  place  here,  as 
a  senator,   nor  in  his   private    capacity  else- 
American  Revolution, 
for  the  French 


nor  in  his 
where.     Born  since  the  a 
bred  up  in  habitual   affection 


name,  coming  upon  the  stage  of  life  when  the 
glories  of  the  republic  and  of  the  empire  were 
filling  the  world  and  dai;y/iiug  the  imagination, 
politically  connected  with  the  party  which,  a 
few  years  ago,  vras  called  French,  !iis  bosom  liad 
glowed  \\'ith  admiration  for  that  people ;  and 
youthful  affection  had  ripened  into  manly  friend- 
ship. He  would  not  now  permit  himself  to 
cpeak  unkindly,  much  less  to  use  epithets ;  but 
he  could  not  avoid  fixing  hi.s  attention  upon  the 
reason  assigned  in  the  Const itntionnul  for  ti;'>. 
present  advance  of  the  French  squadron  upon 
us.  That  reason  is  this  :  'America  will  have  no 
force  capable  of  being  opposed  to  it.'  This  is 
the  reason.  Our  nakedness,  our  destitution, 
has  drfAvn  upon  us  the  honor  of  this  visit ;  and 
we  arc  now  to  speak,  and  vote,  and  so  to  demean 
ourselves,  as  men  standing  in  the  presence  of  a 
force  which  they  cannot  resist,  and  which  had 
taught  the  lesson  of  submission  to  the  Turk  and 
the  Arab !  And  liere  I  change  the  theme :  I  turn 
from  French  intimidation  to  American  legisla- 
tion ;  and  I  ask  how  it  comes  that  we  have  no 
force  to  oppose  to  tlnS  squadron  wliich  conies 
litre  to  take  a  position  upon  our  borders,  and  to 
.show  us  that  it  knows  the  way  to  Washington 
as  well  as  the  English?     This  is  my  future: 


594 


THIRTY  YEARS'  VIEW, 


mm 


i  'S'M 


•ri,     -i  r 


I*,  I 


f'j'l  ) 


J', 


ifc.H*''il 


i. ,    ki 


|... 


theme;  and  I  have  to  present  the  American 
Senate  as  the  responsible  party  for  leaving  our 
country  in  this  wretched  condition.  First,  there 
is  the  three  million  appropriation  which  was 
lost  by  the  opposition  of  the  Senate,  and  which 
carried  down  with  it  the  whole  fortification  bill, 
to  which  it  was  attached.  That  bill,  besides  the 
three  millions,  contained  thiHeen  specific  appro- 
priations for  works  of  defence,  part  originating 
in  the  House  of  Representatives,  and  part  in 
the  Senate,  and  appropiiating  !ij!900,000  to  the 
completion  and  armament  of  forts. 

"All  these  specific  appropriations,  continued 
Mr.  B.,  were  lost  in  the  bill  which  was  sunk  by 
the  opposition  of  the  Senate  to  the  three  mil- 
lions, which  were  attached  to  it  by  the  House 
of  Representatives.  He  (Mr.  B.)  was  not  a 
member  of  the  conference  committee  which 
had  the  disagreement  of  the  two  Houses  com- 
mitted to  its  charge,  and  could  go  into  no  detail 
as  to  what  happened  in  that  conference;  he 
took  his  stand  upon  the  palpable  ground  that  the 
opposition  which  the  Senate  made  to  the  three 
million  appropriation,  the  speeches  which  de- 
nounced it,  and  the  prolonged  invectives  against 
the  President,  which  inflamed  the  passions  and 
consumed  the  precious  time  at  the  liist  moment 
of  the  session,  were  the  true  causes  of  the  loss 
of  that  bill ;  and  so  leaves  the  responsibility  for 
the  loss  on  the  shoulders  of  the  Senate. 

"Mr.  B.  recalled  attention  to  the  reason  demi- 
officially  assiiined  in  the  Coustitiitionuol,  for  the 
approach  of  tlie  French  fleet  of  observation,  and 
to  show  that  it  came  because  'America  had  no 
force  capable  of  being  opposed  to  it.'  It  was  a 
Bubsit'iiary  argument,  and  a  fair  illustration  of 
the  dangers  and  humiliations  of  a  defenceless 
position.  It  should  stimulate  us  to  instant  and 
vigorous  action  ;  to  the  concentration  of  all  our 
money,  and  all  our  hands,  to  the  sacred  task  of 
national  defence.  For  himself,  he  did  not  be- 
lieve there  would  be  war,  because  he  knew  that 
there  ought  not  to  be  war;  but  that  belief  would 
have  no  eflect  upon  his  conduct.  He  went  for 
national  defence,  because  that  policy  was  right 
in  itself,  witiiout  regard  to  times  and  circum- 
stances. He  went  for  it  now,  because  it  was  the 
response,  and  the  only  response,  which  Ameri- 
can honor  could  give  to  the  visit  of  Admiral 
Mackau,  Above  all.  he  went  for  it  because  it 
was  the  way,  and  the  only  manly  way,  of  let- 
ting France  know  that  she  had  committed  a 
mistake  in  sending  this  fleet  upon  us.  In  con- 
clusion, he  would  call  for  the  yeas  and  nays, 
and  remark  that  our  votes  would  have  to  be 
given  under  the  guns  of  France,  and  under  the 
eyes  of  Europe." 

Tne  reproach  cast  by  Mr.  Benton  on  the  con- 
duct of  the  Senate,  in  causing  the  loss  of  the 
defence  bills,  and  the  consequent  insult  from 
France,  brought  several  members  to  their  feet 
in  defence  of  themselves  and  the  body  to  which 
they  belonged. 


"  Mr.  Webster  said  his  duty  was  to  take 
that  neither  in  nor  o>it  of  the  Senate  there  sh 
be  any  mistake,  the  effect  of  which  shouli 
to  produce  an  impression  unfavorable  oi 
proachful  to  the  character  and  patriotism  o 
American  people.  He  remembered  the  pro; 
of  that  ))ill  (the  bill  alluded  to  by  Jlr.  Bcni 
the  incidents  of  its  history,  and  the  real  c 
of  its  loss.  And  he  would  satisfy  any  man 
the  loss  of  it  was  not  attributable  to  any  r 
her  or  officer  of  the  Senate.  He  would 
however,  do  so  until  the  Senate  should  ii 
have  been  in  session  on  executive  business, 
soon  as  that  took  place,  he  should  undertal 
show  that  it  was  not  to  any  dereliction  of 
on  the  part  of  the  Senate  that  the  loss  of 
bill  was  to  be  attributed. 

"Mr.  Preston  of  South  Carolina  said  e 
senator  had  concurred  in  general  approprial 
to  put  the  navy  and  army  in  a  state  of  deft 
This  undefined  appropriation  was  not  tlie 
exxeption.     The  gentleman  from  Jlissouri 
Benton)  had  said  this  appropriation  was  int 
ed  to  operate  as  a  permanent  defence.    Tlic 
ator  from  Missouri  (Mr.  Benton)  had  prefe 
a  general  indictment  against  the  Senate  Ik 
the  people  of  the  United  States.    It  was  sti- 
the  gentleman  should  ask  the  dcpartmenti 
calculations  to  enable  us  to  know  how  n 
was  necessary  to  appropriate,  when  tlic  ii 
mation  was  not  given  to  us  when  we  rcji 
the  undefined  appropriations.      I  rcjciice, 
Mr.  P.,  that  the  gentleman   has  said  cvo 
my  fears  there  will  be  no  French  war.    Fr 
was  not  going  to  squabble  with  Auicrica 
little  point  of  honor,  that  niijiht  do  for  dm 
to  quarrel  about,  but  not  for  nations, 
was  no  reason  why  blood  should  be  pour 
like  wfler  in  righting  this  point  of  honur 
this  matter  was  placed  on  its  proper  basi 
hopes  would  be  lit  up  into  a  blaze  of  coulld 
The  President  had  recommended  making 
sals,  if  France  refused  payment.    France 
refused,  but  the  remedy  was  not  pursued 
maj^  be,  said  he,  that  this  fleet  is  merely  co 
to  protect  the  commerce  of  Franco.    If  the 
sident  of  the  United  States,  at  the  last 


of  Congress,  had  suggested   the  ncccss: 


making  this  appropriation,  we  would  have 
ed  out  the  treasury ;  we  would  have  iille 
hands  for  all  necessary  purposes.  Then 
one  hundred  thousand  dollars  appropriutec 
had  not  been  called  for.  He  did  not 
whether  he  was  permitted  to  go  any  fi 
and  say  to  what  extent  any  of  the  dcparti 
were  disposed  to  go  in  this  matter. 

"  Mr.  Clayton  of  Delaware  was  surpri; 
the  suggestion  of  an  idea  that  the  Am 
Senate  was  not  disposed  to  make  the  uoc( 
appropriations  for  the  defence  of  the  coi 
that  they  had  endeavored  to  j)rcvent  thi 
sage  of  a  bill,  the  object  of  which  was  to 
provision  for  large  appropriations  for  ourdt 
The  senator  from  Missoui-i  had  gone  into  a  1 
attack  of  the  Senate.  Uo(Mr.C.)wa8UOtdJi 


ANNO  1836.    ANDREW  JACKSON,  PRESIDENT. 


595 


tor  said  his  duty  wa«  to  take  cao 

nor  out  of  the  Senate  there  smmd 

cc  the  effect  of  which  should  le 

i 'impression  unfavorable  or  re- 

he  character  and  patriotism  ol  the 

pic.    He  remembered  the  progress 

the  bill  alluded  to  by  Mr.  Benton). 

of  its  history,  and  the  real  eau.c 

\nd  he  would  satisfy  any  man  that, 

was  not  attributable  to  any  mm- 

T  of  the  Senate,     lie  won  d  not, 

so  until  the  Senate  should  agam 

.  session  on  executive  business    As 

took  place,  he  should  undertake  o 

^wasnottoanydereietionofduty 

of  the  Senate  that  the  loss  of  that 

no  attributed.  . , 

Son  of  South  Carolina  said  cyery 

concurred  in  general  appropriations 

,avy  and  army  in  a  state  of  defence. 

ned  appropriation  ^vas  not  the  on  y 

The  Kcntleman  from  Missouri  (Mr. 

.d  said  this  appropriation  was, ntcn- 

ite  as  a  permanent  detence.     1  lie  s«.. 

UU^umri  rMr.  Benton    had  prrfeiit4 

V  cSi    iain.t  the  Senate  l.cfe 

of  the  United  States.    Tt^^^s.tran^ 

man  should  ask  the  departments  f,r 

r?o  enable  us  to  know  how  n.ych 

'Liy  to  appropriate,  --"    >-;;;- 

as  not  given  to  us  when  xv  e  ujut., 

Sed  appropriations.      I  rejoice,  s;, , 

iTtthS^o^ntleman  has  said  evon^^^ 

there  will  be  no  French  n a,.    Irana 

roin"  to  squabble  with  Aiuenca   u 

:t  ofhonor,  that  might  do  lor  diajisi, 

1  about  but  not  for  nations.    1  ica 

ason  why  blood  should  be  poure,!  out 

rTrighting  this  point  of  honor. 

erwaif  plaxTed  on  its  l»-0Fr  biis.s> 

■.uld  be  -.it  up  into  a  blaze  ol  couhdenco. 

;ShkJrLmmendedniakuigrej. 

t  the  commerce  of  I  ranee.    1*  tlieire 

tSie  United  States,  at  the  last  mm 

Loss    had  suggested   the  necessity  of 

„„  Xt  extent  any  of  ll.c  .W-tt— 
posed  to  po  in  tlna  niatliT. 

,n  for  W  W'»l'Vf »,'  i  iS  .  itol 


to  say  any  thing  further  of  the  events  of  the  last 
niirlit  of  the  session.     He  took  occasion  to  say 
there  were  other  matters  in  connection  with  this 
appropriation.     Before  any  department  or  any 
frieu '  of  the  administration  had  named  an  ap- 
propriation for  defence,  he  made  the  motion  to 
appropriate  five  hundred  thousand  dollars.     It 
was  on  his  motion  that  the  Committee  on  Mili- 
tary Affairs  made  the  appropriation  to  incrca.se 
tlie  fortifications.     Actuated  by  the  very  same 
motives  which  induced  him  to  move  that  appro- 
priation, he  had  moved  an  additional  appropria- 
tion to  Fort  Delaware.    The  motion  was  to  in- 
crease the  seventy-five  thousand  to  one  hundred 
and  fifty  thousand,  and  elicited  a  piotracted  de- 
bate.   The  next  question  was,  whether,  in  the 
jTcneral  bill,  five  hundred  thousand  dollars  should 
1'.'  a[)propriated.     He  recollec'ed  the  honorable 
chairman  of  the  Committee  on  Finance  told 
them  tlietx;  was  an  amendment  before  that  com- 
mittee of  similar  tenor.    As  chairman  of  the 
Ciimmittceon  Military  Affairs,  he  felt  disinclined 
to  irive  it  up.    The  amendment  fell  on  the  single 
prmmd,  by  one  vote,  that  the  Committee  on 
Finance  had  before  it  the  identical  proposition 
made  by  the  Committee  on  Military  Affairs.   lie 
ap]K'aled  to  the  country  whether,  under  those 
circumstances,  they  were  to  be  arraigned  before 
tlie  people  of  the  country  on  a  charge  of  a  want 
of  patriotism.     lie  had  always  felt  deeply  affect- 
ed when  those  general  remarks  were  made  im- 
imgning  the  motives  of  patriotism  of  the  sena- 
tors,   lie  was  willing  to  go  as  far  as  he  who 
goes  farthest  in  making  appropriations  for  the 
niitiou.ll  protection.     Nay,  he  would  be  in  ad- 
vance of  the  administration." 

Mr.  Benton  returned  to  his  charge  that  the 
defence  bills  of  the  last  session  were  lost  thiough 
the  conduct  of  the  Senate.  It  was  the  Senate 
which  disagreed  to  the  House  amendment  of 
three  millions  to  the  fortification  bill  (which  it- 
self contained  appropriations  to  the  amount  of 
S90O.OOO) ;  and  it  was  the  Senate  which  moved 
to  "adhere"  to  its  disagreement,  thereby  adopt- 
ing the  harsh  measure  which  so  much  endan- 
gers legislation.  And,  in  support  of  his  views, 
hcBaid; 

"  The  bill  died  under  lapse  of  time.  It  died 
because  not  acted  upon  before  midnight  of  the 
last  day  of  the  session.  Right  or  wrong,  the 
session  was  over  before  the  r^'port  of  the  con- 
trees  could  be  acted  on.  The  House  of  Repre- 
sentatives was  without  a  quorum,  and  the  Sen- 
ate was  about  in  the  same  condition.  Two  at- 
tempts in  the  Senate  to  get  a  vote  on  some 
yiiinting  moved  by  his  colleague  (Mr.  Linn), 
ivcre  both  lost  for  want  of  a  quorum.  The  ses- 
sion then  was  at  an  end,  for  want  of  quorums, 
whether  t'le  legal  right  to  sit  had  ceased  or  not! 
The  bill  was  not  rejected  either  in  the  House  of 
Representatives  or  in  the  Senate,  but  it  died  for 


want  of  action  upon  it ;  and  that  action  was  pre- 
vented by  want  of  time.     Now,  whose  fault  was 
it  that  there  was  no  time  left  for  acting  on  tho 
report  of  the  conferees?     That  was  the  true 
question, and  the  answer  to  it  would  show  where 
the  fault  lay.     This  answer  is  as  clear  as  mid- 
d.ay,  though  the  transaction  took  place  in  tho 
darkness  of  midnight.    It  was  the  Senate !  The 
bill  came  to  the  Senate  in  full  time  to  have  been 
acted  upon,  if  it  had  been  treated  as  all  bills 
must  be  treated  that  are  intended  to  be  passed 
in  the  last  hours  of  the  session.     It  is  no  time 
for  speaking.    All  speaking  is  then  fatal  to  bills, 
and  equally  fatal,  whether  for  or  against  them. 
Yet,  what  was  the  conduct  of  the  Senate  with 
respect  to  this    bill  ?      Members  commenced 
speaking  upon  it  with  vehemence  and  persever- 
ance, and  continued  at  it,  one  after  another. 
These  speeches  were  fatal  to  the  bill.    They 
were  numerous,  and  consumed  much  time  to 
deliver  them.     They  were  criminative,  and  pro- 
voked replies.     They  denounced  the  President 
without  mea-gure ;  and,  by  implication,  the  House 
of  Representatives,  which  sustained  him.    They 
were  intemperate,  and  destroyed  the  temp«M'  of 
others.    In  this  way  the  precious  time  was  con- 
sumed in  which  the  bill  might  have  been  acted 
upon  ;  and,  for  want  of  which  time,  it  is  lost. 
Every  one  that  made  a  speech  helped  to  destroy 
it ;  and  nearly  the  whole  body  of  the  opposition 
spoke,  and  most  of  them  at  much  length,  and 
with  unusual  warmth   and  animation.     So  cer- 
tain was  he  of  the  ruinous  effect  of  this  speak- 
ing, that  he  himself  never  opened  his  mouth  nor 
uttered  one  word  upon  it.     Then  came  the  fatal 
motion  to  adhere,  the  effect  of  which  was  to 
make  bad  worse,  and  to  destroy  the  last  chance, 
unless  the  House  of  Representatives  had  hum- 
bled itself  to  ask  a  conference  from  the  Senate. 
The  fatal  effect  of  this  motion  to  adhere,  Mr.  B. 
would  show  from  Jefferson's  Manual ;  and  read 
as  follows :    '  The   regular  progression  in  this 
case  is,  that  the  Commons  disagree  to  the  amend- 
ment; the  Lords  insist  on  it;   the  Commons 
insist  on  their  disagreement.;  the  Lords  adhere 
to  their  amendment ;  the  Commons  adhere  to 
their  disagreement ;  the  term  of  insisting  may 
be  repeated  as  often  as  they  choose  to  keep  the 
question  open ;  but  the  first  adherence  by  either 
renders  it  necessary  for  the  other  to  recede  or 
to  adhere  also ;  when  the  matter  is  usually  suf- 
fered to  fall.     (10  Grey,  148.)     Latterly,  how- 
ever, there  are  instances  of  their  having  gone  to 
a  second  adherence.   There  must  be  an  absolute 
conclusion  of  the  subject  .somewhere,  or  other- 
wise transactions  between  the  Houses  would  be- 
come endless.    (3  Ilatsell,  2G8,  270.)    The  term 
of  insisting,  we  are  told  by  Sir  John  Trevor, 
was  then  (1G78)  newly  introduced  into  parlia- 
mentary usage  by  the  Lords.   (7  Grey,  94.)    It 
was  certainly  a  happy  innovation,  as  it  multi- 
plies the  opportunities  of  trying  modifications, 
which  may  bring  the  Houses  to  a  concurrence. 
Either  House,  however,  is  free  to  pass  over  the 
term  of  insisting,  and  to  adhere  in  the  first  in- 


'k     Jf' 


,  It  Ja      .*     *■*     I 


m 


596 


THIRTY  YEARS'  VIKW. 


stance.  (10  flrcy,  140.)  But  it  is  not  rosptct- 
fiil  to  the  other.  In  the  ordinary  pnrlisunentftry 
course,  there  nrc  two  free  eonferenrea  at  least 
before  an  adherence.     (10  (Jrey,  147.)  ' 

"  TIiIm  is  the  regular  progression  in  the  case  of 
amendments,  and  there  ai-e  five  stops  in  it.  1. 
To  ajrree.  2.  To  disagree.  S.  To  recede.  4. 
To  insist.  5.  To  adhere.  Of  these  five  steps 
adherence  is  the  last,  and  yet  it  was  the  first 
adopted  by  tlie  Senate.  The  effect  of  its  adop- 
tion was,  in  parliamentary  usage,  to  put  an  end 
to  the  matter.  It  was,  by  the  law  of  Parlia- 
ment, a  disrespect  to  the  House.  No  conference 
was  even  asked  by  the  Senate  after  the  adher- 
ence, although,  by  the  parliamentary  law,  thei-e 
ougiit  to  have  Iwen  two  fix'e  conferences  at  least 
before  the  adliercnce  was  voted.  All  this  was 
fully  stated  to  the  Senate  that  night,  and  be- 
fore the  question  to  adhere  was  put.  It  was 
fully  stated  by  you,  sir  fsaid  Mr.  B.,  addressing 
himself  to  Mr.  King,  of  Alabama,  who  was  then 
in  the  Vice-President's  chair).  This  vote  to 
adhere,  coupled  with  the  violent  speeches,  de- 
nouncing the  President,  and,  by  implication, 
censuring  the  House  of  Representatives,  and 
coupled  with  the  total  omission  of  tlie  Senate  to 
ask  for  a  conference,  .seemed  to  indicate  a  fatal 

Eurpose  to  destroy  the  bill ;  and  lost  it  would 
ave  been  upon  the  spot,  if  the  House  of  Repre- 
sentatives, forgetting  the  disrespect  with  which 
it  had  been  treated,  and  passing  over  the  cen- 
sure impliedly  cast  upon  it,  had  not  humbled 
itself  to  come  and  ask  for  a  confoi-enoc.  The 
House  humbled  itself;  but  it  was  a  patriotic  and 
noble  humiliation;  it  was  to  serve  their  coun- 
try. The  conference  was  granted,  and  an  amend- 
ment was  agreed  upon  by  the  conferees,  by 
which  the  amount  was  reduced,  and  the  sum 
divided,  and  $300,000  allowed  to  the  militarj'^, 
and  $500,000  to  the  naval  service.  Tliis  was 
done  at  last,  and  after  all  the  irritating  speeches 
and  irritating  conduct  of  the  Senate;  but  the 
precious  iimc  wa.s  gone.  The  hour  of  midnight 
was  not  only  come,  but  members  were  dispersed ; 
quorums  were  unattainable ;  and  the  bill  died 
for  want  of  action.  And  now  (said  Mr.  B.)  I 
return  to  my  question.  I  resume,  and  maintain 
my  position  npon  it.  I  ask  how  it  came  to  pass, 
if  w.int  of  sjiecification  was  really  the  objection 
— how  it  came  to  pass  that  the  Senate  did  not 
do  at  first  what  it  did  at  last  ?  Why  did  it  not 
amend,  by  the  easy,  natural,  obvious,  and  par- 
liamentary process  of  disagreeing,  insisting,  and 
asking  for  a  committee  of  conference  ? 

"  Mr.  B.  would  say  but  a  word  on  the  new 
calendar,  which  would  make  the  day  begin  in 
the  middle.  It  was  sufficient  to  state  such  a 
conception  to  expose  it  to  ridicule.  A  farmer 
would  be  sadly  put  out  if  his  laborers  sliould  re- 
fuse to  come  until  mid-day.  The  thing  Avas 
rather  too  fanciful  for  grave  deliberation.  Suffice 
it  to  say  there  are  no  fractions  of  days  in  any 
calendar.  There  is  no  three  and  one  fourth, 
three  and  one  half,  and  three  and  three  fourths 
of  March,  or  any  other  month.    When  one  day 


ends,  another  begins,  and  midnight  is  the  tui 
ing  point  both  in  law  and  in  practice.  All  ( 
laws  of  the  last  day  are  dated  the  3d  of  Marc 
and,  in  point  of  fact.  Congress,  for  every  boi 
ficial  purpo.sc,  is  dis.solved  at  midnight.  M,i 
members  will  not  act,  and  go  away ;  and  si; 
was  the  practice  of  the  venerable  Mr.  Maci 
of  North  Carolina,  ,vho  always  acted  precise 
as  President  Jackson  did.  lie  put  on  his  1 
and  went  away  at  midnight ;  he  went  aw 
when  liis  own  watch  told  him  it  was  midni^'l 
after  which  he  believed  he  had  no  authority 
act  as  a  legislotor,  nor  the  Senate  to  make  h 
act  as  such.  Tliid  was  President  Jacksoi 
course.  He  stayed  in  the  Capitol  until  a  qui 
ter  after  one,  to  ?ign  all  the  bills  which  Ct 
gress  shoidd  pass  l)eforc  midnight.  He  slay 
until  a  majority  of  Congress  was  gone,  and  ([i 
rums  tmattainable.  He  stayed  in  the  Caj)!! 
in  a  room  c<mvenient  to  the  Senate,  to  act  up 
every  thing  that  was  sent  to  him,  and  did  i; 
have  to  be  waked  up,  as  Washington  was, 
sign  after  midnight ;  a  most  unfortunate  rtii 
cnce  to  Washington,  wlio,  by  going  to  kd 
midnight,  showed  that  he  considered  the  bu 
ness  of  the  day  ended ;  and  by  getting  up  ai 
putting  on  his  night  gown,  and  signing  a  bill 
two  o'clock  in  the  morning  of  the  4tli,  show 
that  he  would  sign  at  that  hour  what  had  i)as;s 
before  midnight ;  and  does  not  that  act  be 
date  the  3d  of  Mareh  ? 

]\Ir.  Webster  earnestly  defended  the  Seiiatt 
conduct  and  his  own ;  and  said : 

"  This  proposition,  sir,  was  thus  tmcxpectw 
and  suddenly  put  to  us,  at  eight  o'clock  in  i 
evening  of  the  last  day  of  the  session.     Unusii 
unprecedented,  extraordinary,  as  it  obviously 
on  the  face  of  it,  the  manner  of  presenting  it  ^ 
still  more  extraordinarj'.    The  PresidLiit 
asked  for  no  such  grant  of  money ;  no  depii 
ment  had  recommended  it ;   no  estiiiiati- 
suggested  it ;  no  reason  wliatcver  was  j;ivin 
it.     No  emergency  had  happened,  and  iiotlii 
new  had  occurred ;  every  tiling  known  to 
administration  at  tliat  hour,  resiiectiiig  our 
reign  relations,  had  certainly  been  kiiuwu  tu 
for  days  and  for  weeks  before. 

"  With  what  propriety,  then,  could  the  Sen 
be  called  on  to  sanction  a  proceeding  so  entir 
irregular  and  anomalous?     Sir,  I  recollect 
occurrences  of  the  moment  very  well,  and  I 
member  the  impression  Avliich   this  vote  of  i 
House  seemed  to  make  all  around  the  Son; 
We  had  just  cone  out  of  executive  session; 
doors  were  but  just  opened ;  and  1  hardly 
member  whether  there  was  a  single  spicin 
in  the  hall  oi-  the  galleries.     I  had  ken  at 
clerk's  table,  and  had  not  reached  my  seat  wl 
the  message  was  read.     All  the  senators  w 
in  the  chamber.    I  heard  the  message  certai 
with  great  surprise  and  astonislinicDt ;  an 
immediately  moved  the  Senate  to  disajrm 
this  vote  of  the  House.    My  relation  to  the  s 


ANNO  1836.    ANDRKW  JACKSON,  PRIvSIDENT. 


597 


ccins,  ami  midnight  is  the  turn, 
in  law  an.l  in  pract'co.    All  .mr 

dnv  arc  dated  the  3d  of  Miirch  ; 
f  fact.  Congress,  for  every  hone- 
is  dissolved  at  niidniRht.  M.my 
not  act,  and  go  away ;  and  such 
ice  of  the  venerable  Mr.  Miicnn, 
,lina,  .vho  always  acted  prensely 
Jttckaon  did.  lie  P"t  on  his  hat 
av  at  midnight ;   ho  went  away 

watch  told  him  it  was  muhnnlil; 
^  believed  he  had  no  authority  to 
otor,  nor  the  Senate  to  make  him 
Thiri  was    Trcsident  JackHon's 
(tnyed  in  the  Capitol  until  a  qiiar- 
to  •^'Sjn  all  the  bills  which  ton- 
pass  iwforc  midnight.     He  staywl 
itv  of  Congress  was  gone,  and  (juo- 
nable     He  stayed  in  the  tapilol, 
nvenient  to  the  Senate,  to  act  uimn 
that  was  sent  to  him,  and  did  not 
^vaked  up,  as  Washington  wa.  to 
lidnight;  a  most  unforluimtc  i-eier- 
.hington,  who,  by  p<>">g  to  k.l  at 
;owcd  that  he  considered  the  huM- 
day  ended;  and  by  gotliug  ui- ami 
lis  night  gown,  and  signing  a  bill  at 

;tlmUingofthe4th,sl,o.. 
Ul  si-'n  at  that  hour  what  had  pass^il 
iiighr-,   and  does  not   that  act  huar 

ofMareh'? 

.ster  earnestly  defended  the  Senate's 
I  his  own;  and  said: 

oposition,  sir,  was  thus  uncxpectclly 
it.mtto  ns,at  eight  o'eluck  m  the 
helastdayofthesessioii     Imisual 
ted  extraordinary,  as  it  ol.viously  b, 
(,f  it,  the  manner  of  prose;,tuig  it  \va> 
extraordinary.    The  Presuk.it  had 
losuchgrant  of  moneyjno.k.pait- 
recommendcd  it;   no  estiniato  iKvl 
it ;  no  reason  whatever  wus  pun  fuv 
lergency  had  happened,  and  nothmj 
curred ;  every  thing  known  to  t . 
iionat  that  hour,  respecting  our  1,;- 
iins,  had  certainly  been  known  to  it 

:tSySetJ:!^V  could  the  S..ate 
tsanctiona  proceeding  so  entire^ 
id  anomalous?     Sir,  I  recollect  t 
,  of  the  moment  very  well,  ami  I  0- 
ic    npi-ession  which  this  vote  ot  t 
ZoTlomaU  all  around  the  Sonat. 

^S^one  out  of  executive  «;: 
:  but  just  opened;  and  111.  dl)^^^ 

-hether  there  wasas.ngl    sp^U 

.  (1,..  frailer  es.     1  had  bcoi.  at  ua 
ic^an    hfvdnoT;;achedmy.eatwhc.. 
pS  read.     All  the  '^enatoi^vv. 
Uber     I  heard  the  message  certa.i  1 
."sum-iso  and  astonishment;  and 

Iv  moled  the  Senate  to  disa^nee  w 
te  louse-    Myi-clationtothesub. 


joct,  in  consequence  of  my  connection  with  the 
CoMiinittee  on  Finance,  made  it  my  duty  to  pro- 
pose some  course,  and  I  had  not  a  moment's 
doubt  <)r  hesitation  what  that  course  ought  to 
Ih..  I  took  upon  myself,  then,  sir,  the  responsi- 
liiiitv  of  moving  that  the  Senate  should  disagree 
t(i  this  vote,  and  I  now  acknowledge  that  res- 
ponsibility. It  might  be  pi-esuinptuous  to  ^•ay 
timt  1  took  a  leading  jiart,  but  T  certainly  took 
iiii  early  part,  a  decided  part,  and  an  earnest 
part,  in  rejecting  this  broad  grant  of  tlirce  mil- 
lions of  (lollars,  without  limitation  of  purpose 
or  specification  of  object ;  called  for  b}'  no  re- 
commendation, founded  on  no  estimate,  made 
necessary  by  no  state  of  things  which  was  made 
known  to  us.  Certainly,  sir,  I  took  a  part  in 
its  rejection  ;  and  I  stand  here,  in  iny  place  in 
the  Senate,  to-day,  ready  to  defend  the  part  so 
taken  by  me ;  or  rather,  sir.  I  disclaim  all  de- 
fence, and  all  occasion  of  defence,  and  I  assert 
it  a.s  meritorious  to  have  been  among  those  who 
arrested,  at  the  earliest  moment,  this  extraordi- 
niry  departure  from  all  settled  usage,  and,  as  T 
tiiink,  from  jilain  constitutional  injunction — this 
inilelinitc  voting  of  avast  sum  of  money  to  mere 
executive  discretion,  without  limit  assigned, 
without  object  .sjiecified,  without  reason  given, 
and  without  the  least  control  under  heaven. 

'•Sir,  I  am  told  that,  in  opposing  this  grant,  I 
spoke  with  warmth,  and  I  suppose  I  may  have 
done  so.  If  I  did,  it  was  a  warmth  springing 
from  a.s  honest  a  conviction  of  duty  a.s  ever  in- 
fluenced a  public  man.  It  was  spontaneous, 
nnatfected,  sincere.  There  had  been  among  us, 
fir,  no  consultation,  no  concert.  There  could 
have  been  none.  Between  the  reading  of  the 
inessa,o;e  and  my  motion  to  disagree  there  was 
not  time  enough  for  any  two  members  of  the 
Senate  to  exchange  five  words  on  the  subject. 
The  iiroposition  was  sudden  and  perfectly  un- 
expected. I  resisted  it,  as  irregular,  as  danger- 
ous in  itself,  and  dangcrouS  in  its  precedent,  as 
wholly  unnecessary,  and  as  violating  the  plain 
intention,  if  not  the  express  words,  of  the  con- 
stitution. Before  the  Senate  I  then  avowed,  and 
before  the  country  I  now  avow,  my  part  in  this 
oppo.sition.  Whatsoever  is  to  fall  on  those  who 
sanctioned  it,  of  that  let  me  have  my  full  share. 

"  The  Senate,  sir,  rejected  this  grant  by  a  vote 
of  twenty-nine  against  nineteen.  Those  twenty- 
nine  names  arc  on  the  journal ;  and  whensoever 
the  expunging  process  may  commence,  or  how 
far  soever  it  may  be  carried,  I  pray  it,  in  mercy, 
not  to  erase  mine  from  that  record.  I  beseech 
it,  in  its  sparing  goodness,  to  leave  me  that 
proof  of  attachment  to  duty  and  to  principle. 
It  may  draw  around  it,  over  it,  or  through  it, 
black  lines,  or  red  lines,  or  any  lines  j  it  may 
mark  it  in  any  way  which  either  the  most  pros- 
trate and  fantastical  spirit  of  man-worship,  or 
the  most  ingenious  and  elaborate  study  of  sclf- 
depradation  may  devise,  if  only  it  will  leave  it 
so  that  those  who  inherit  my  blood,  or  who  may 
lieroaftcr  care  for  my  reputation,  shall  be  able 
to  behold  it  where  it  now  stands. 


'"The  House,  wir,  insisted  on  this  anu>ndnu'iit. 
The  Senate  lulliered  to  its  disagreement.  The 
House  asked  a  conference,  to  which  re(|uest  th« 
Senate  immediately  acceded.  The  committees  of 
conference  met,  iind,  in  a  short  time,  came  to  an 
agreement.  They  agreed  to  recommend  to  their 
respective  Houses,  as  a  substitute  for  the  voto 
propo,sed  by  the  House,  the  following : 

"  '  As  an  additional  appropriation  for  arming 
the  fortifications  of  the  United  States,  three 
hundred  thousand  dollars.' 

"  As  an  additional  appropriation  for  the  re- 
pair and  equipment  of  ships  of  war  of  the  United 
States,  five  hundred  thousand  dollars.' 

"  I  immediately  reported  this  agreement  of  tlio 
committees  of  conference  to  the  Senate ;  but, 
inasmuch  as  the  bill  was  in  the  House  of  Re- 
presentatives, the  Senate  could  not  act  further 
on  the  matter  until  the  Hou.se  should  first  have 
considered  the  report  of  the  committees,  de- 
cided thereon,  and  sent  us  th(*  bill.  I  did  not 
my.self  take  any  note  of  the  particular  hour  of 
this  part  of  the  transaction.  The  honorable 
member  from  Virginia  (Mr.  Leigh)  says  he  con- 
sulted his  watch  at  the  time,  and  he  knows  that 
I  had  come  from  the  confereJice,  and  was  in  my 
seat,  at  a  quarter  past  eleven.  I  have  no  reason 
to  think  that  he  is  under  any  mistake  in  this 
particular.  He  ,says  it  so  happened  that  he  had 
occasion  to  take  notice  of  the  hour,  and  well 
remembers  it.  It  could  not  well  have  been 
later  than  this,  as  any  one  will  be  sutislied  who 
will  look  at  odr  journals,  public  and  ex«!ciitive, 
and  see  what  a  mass  of  business  was  dispatched 
after  I  came  fiom  the  committees,  and  before  the 
adjournment  of  the  Senate.  Having  made  the 
report,  sir,  I  had  no  doubt  that  both  Ilou.ses 
would  concur  in  the  result  of  the  conference, 
and  looked  every  moment  for  the  oflicer  of  the 
IIoiLsc  bringing  the  bill.  He  did  not  come, 
however,  and  I  jiretty  soon  learned  that  there 
was  doubt  whether  the  committee  on  the  part 
of  the  House  would  report  to  the  House  the 
agreement  of  the  conferees.  At  first  I  did  not 
at  all  credit  this  ;  but  it  was  confirmed  by  one 
communication  after  another,  until  I  was  obliged 
to  think  it  true.  Seeing  that  the  bill  was  thus 
in  danger  of  being  lost,  and  intending,  at  any 
rate,  that  no  blame  should  justly  attach  to  the 
Senate,  I  immediately  moved  the  following  reso- 
lution : 

"  '  Jicnolred,  That  a  message  be  sent  to  tho 
honorable  the  House  of  Representatives,  respect- 
fully to  remind  the  House  of  the  report  of  tho 
committee  of  conference  appointed  on  the  dis- 
agreeing votes  of  the  two  Houses  on  the  amend- 
ment of  the  House  to  the  amendment  of  tho 
Senate  to  the  bill  respecting  the  fortifications 
of  the  United  States.' 

"  You  recollect  this  resolution,  sir,  having,  as 
I  well  remember,  taken  some  part  on  the  occa* 
sion. 

"  This  resolution  was  promptly  passed  ;  tho 
Secretary  carri.d  it  to  tlie  House,  and  delivered 
it.    Wliat  was  done  in  the  House  on  tho  receipt 


■«* 


598 


THIRTY  YEARS'  VIEW. 


il'iliiiiii. 


of  this  inpssnf^o  now  npjM'nis  from  the  printed 
joiirnnl.  I  liave  no  wish  to  coniniont  on  the 
|)r(HviMlinp8  thore  rt'conicd — nil  may  ri'nd  tlieni, 
and  em'h  bo  able  to  torni  hi8uwiiu|iinion.  >Suf 
lieu  it  to  say,  that  the  House  of  Representatives, 
hiivini;  then  posses.'^ion  of  the  bill,  ehose  to  re- 
tain that  possession,  and  never  aeted  on  the 
report  of  tlio  committee.  The  bill,  tlierefore, 
was  lost.  It  was  lost  in  the  House  of  Repre- 
sentatives. It  died  there,  and  there  its  remains 
are  to  be  found.  No  o|)p()rtunity  was  piven  to 
the  members  of  the  House  to  decide  whether 
they  would  a^rce  to  the  report  of  the  two  com- 
mittees or  not.  From  a  quarter  past  eleven, 
when  the  report  was  agreed  to  by  the  commit- 
tees, until  two  or  three  o'clock  in  the  morning, 
the  House  remained  in  sess'on.  If  at  any  time 
there  was  not  a  quorum  of  members  present, 
the  attendance  of  a  quorum,  we  are  to  presume, 
might  have  been  connnanded,  as  there  was  un- 
doubteilly  a  great  majority  of  the  members  still 
in  the  city. 

"  Hut  now,  sir,  there  is  one  other  transaction 
of  tlie  evening  which  I  feel  bound  to  state,  be- 
cause I  think  it  quite  important,  on  several  ac- 
counts, that  it  should  be  known. 

'"A  nomination  was  pending  before  the  Se- 
nate, for  a  judge  of  the  Supreme  Couit.  In 
the  course  of  the  sitting,  that  nomination  was 
called  up,  and,  on  motion,  was  indetinitely 
post|)oned.  In  other  words,  it  wivs  rejected; 
for  iin  indefinite  postponement  is  a  rejection. 
The  ollice,  of  course,  remained  vacant,  and  the 
nominiition  of  another  person  to  till  it  became 
necessary.  Tiie  Fivsident  of  the  United  States 
was  then  in  tlie  capitol,  as  is  usual  on  the  even- 
ing of  the  last  day  of  the  session,  in  the  cham- 
ber assigned  to  him,  and  with  the  lieads  of 
departments  around  him.  When  nominations 
are  rejected  under  these  circumstances,  it  has 
been  usual  for  the  President  immediately  to 
lansmit  a  new  nomination  to  the  Senate  ; 
otherwise  the  office  must  remain  vaavnt  till  the 
next  session,  as  the  vacancy  in  such  case  has 
not  happened  in  the  recess  of  Congress.  The 
vote  of  the  Senate,  indelinitely  postponing 
this  nomination,  was  carried  to  the  President's 
room  by  the  Secretary  of  the  Senate.  The  Pre- 
sident told  the  Secretary  that  it  was  more  than 
an  hour  past  twelve  o'clock,  and  that  lie  could 
receive  no  further  communications  from  the  Se- 
nate, and  immediately  after,  as  I  have  under- 
stood, left  the  capitol.  The  Secretary  brought 
back  the  paper  containing  the  certified  copy  of 
the  vote  of  the  Senate,  and  indorsed  thereon 
the  Kubstance  of  the  President's  answer,  and 
also  added  that,  according  to  his  own  watch,  it 
was  a  quarter  past  one  o'clock." 

This  was  the  argument  j{  Mr.  Webster  in 
defence  of  the  Senate  and  himself ;  but  it  could  i 
not  alter  the  facts  of  the  case — that  the  Senate  j 
disagreed  to  the  House  appropriation — that  it 
adhered  harshly — that  it  consumed  the  time  in 


elaborate  speeches  against  the  President— ii 
that  tlie  bill  was  lost  upon  lapse  of  time  t 
existence  of  the  Congress  itself  expiring  wli 
this  cimtention,  iK'gan  by  the  Senate  « 
going  on. 

Mr.  Webster  di.s.sented  from  the  new  doctri 
of  coimting  years  liy  fractions  of  a  day,  as 
thing  having  no  place  Ju  (lie  cons!  i  till  ion, 
law,  or  in  priu;tiee ; — and  which   was  besid 
impracticable,  and  said : 

"There  is  no  clause  of  the  const! 'ution,  n 
is  there  any  law,  which  dcclai-es  that  the  tcr 
of  ollice  of  members  of  the   House  of  |{t.|i| 
scntatives  shall  expire  at  twelve  o'clock  at  nij; 
on  the  '.id  of  March.     They  are  to  hold  for  fv 
years,  but  the  precise  hour  for  the  coiiiiiumi 
ment  of  that  tcnn  of  two  years   is   nowlic 
fixed  by  constitutional  or  legal  provision. 
has  been  established  by  tisage  and  by  iiifeicrK 
and  very  i)roperly  established,  that,  since  tl 
first  Congress  commenced  its  existence  on  tl 
first  Wednesday  in  March,  178!),  which  !i!i|i|i(ii, 
to  be  the  4th  day  of  that  month,  tlu  reCorc,  tl 
4th  of  March  is  the  day  of  the  comnunccinci 
of  each  successive  term,  but  no  hour  is  tix( 
by  law  or  pnictice.    The  true  rule  is,  as  I  iliini 
most  imdoubtedly,  that  the  session  holdcn  i, 
the  last  day,  constitutes  the  last  day,  for  all  jcji. 
lative  and  legal  purposes.     While  the  scssjd 
commenced   on    that  day   continues,   tlic  i|;i 
itself    continues,   according  to  the  cstiilijisli, 
practice  both  of  legislative  and  judicial  hdilic 
This  could  not  well  be  otherwise.     If  the  pn 
cise  moment  of  actual  time  were  to  settle  si 
a  matter,  it  would  be  material  to  ask,  who  sli 
settle  the  time  ?     Shall  it  be  done  by  piil 
authority  ;  or  shall  every  man  observe  the 
of  his  own  watch  ?     If  absolute  time  is  to  i 
nish  a  precise  nilc,  the  excess  of  a  miniitp, 
obvious,  would  be  as  fatitl  as  tlie  excess  of 
hour.     Sir,  no   bodies,  judicial   or  legislati' 
have  ever  been  so  hypercritical,  so  astute  to  i 
purpose,  so  much  more  nice  than  wise,  « 
govern  themselves  by  any  such  idetis.    The,' 
sion  for  the  day,  at  whatever  hour  it  coniiiioiio 
or  at  whatever  hour  it  breaks  up,  is  the  lc;;isl 
tive  day.     Every   thing   has   reference  to 
commencement   of  that  diurnal   session.    F 
instance,  this  is  the  I4th  day  of  January; 
assembled  here  to  day  at  twelve  o'clock ! 
journal  is  dated  January  I4th,  and  if  we  shot 
remain  until  five  o'clock  to-morrow  nioriii 
(and  the  Senate  has  sometimes  sat  so  late)  i 
proceedings  would  still  all  beardateof  the  I- 
of  January ;  they  would  be  so  stated  uiioii  I 
journal,  and  the  jounal  is  a  record,  and  i- 
conclusive  record,  so  far  as  respects  the 
ccedings  of  the  body." 

But  he  adduced  practice  to  the  contrary, 
showed  that  the  expiring  Congress  had  of 
sat  after  midnight,  on  the  day  of  the  3d 


ANNO  183rt.     ANDRKW  JACKSON,  rill'-SIDnNT. 


599 


m  ftgftini^l  the  rroHuU'ul— hikI 
s  lost  upon  livpso  of  lime,  llu> 
\  OonKivss  ithc-lf  oxpirinK  wliiUi 
,,    lK«-an  by    the    Seuutc,  was 

iVissenti'd  from  the  new  tlocliiiw 
nrs  hy  fractions  of  a  <li»y,  iis  n 
110  pliiw  in  the  cou^lilulinn,  in 
^^,^■^w  ;— and  which  was  bisi.Us 
and  said : 

lochuisc  of  the  consti'ntion,  iinr 
w  which  d.'cliiiTS  tliat  tin-  tmn 
,emlM>rs  of  the  llonse  of  \Uyn'- 
a  expire  at  twelve  o'c Ock  at  mpht 
^lareh.    They  are  to  hohl  for  two 
nrocise  hour  for  tlie  connn.n.v- 
tenn  of  two  years   is   nowliriv 
,titntional  or  h-pal  provision.    It 
Wished  by  usafre  and  by  nileriMuv. 
mcrl/  cstabhshed,  tliat,  sukt  tic 
,H  conunenced  its  existeuee  .m  tl,. 
,lay  in  March,  1780  wh.rl.lm,.,.ml 
1  day  "f  that  uK'uth,  tlurctorc,  Wv 
h  i^  *the  <lay  of  the  conuuiiKrnunt 
ossivc  term,  but  no  hour  is  liN..! 
iictiee.    The  true  rule  is,  us  I  tliiuK, 
„U-dly,that  the  session  hol.en  ,.„ 
const!  utes  the  last  day,  for  alllesiv 
Z\  pur,)oses.     While  the  sess,,,,, 
on    that  day   continues,  tl,..  ( ;.v 
Inucs.   aceordins,'  to  the  es ta  .l.s  ,.1 
h  of  le-nslative  and  .ludiciul  ImkIic^. 
,\vvlT  be  otherwise.     If  the  pn- 
'of  Ictual  tnne.^yero  to  settle  sn,  , 
would  be  material  to  ask  whoMijH 
time?     Shall  it  be  done  by  lml;llc 
,r  shall  every  man  observe  the  tuk 
watch?     If  absolute  tune  is  tn  fuv- 
e  rule,  the  excess  of  a  niinutfjns 
Sdbcasfatrtl  as  the  excess  ohm 
o  bodies,  judicial   or  k-.slativ.., 
,cn  so  hypercritical,  so  as. ite  to  no 

'Zch  more  nice  than  wise   us  ; 
Tisclves  by  any  such  ideas.     Ihcs 
■day,  at  Whatever  hour  it  conimenc  s, 
S  hour  it  breaks  up. s  the  lofj.- 
Evcry   thi.i!^   has   reference  to    . 
nent  of  that  diurnal   scssmmi,    lov 
Tis  the  14th  day  of  .January ;  we 
here  to  day  at  twelve  o'clock ;  o« 
aSjanuary  14th,  and  if  wo  should 

Si  five  o'clock  to-morrow  jiiorum? 
ltha«sometinK-8satsoate)..r 

wouldstillallbeardateo   the     J 

they  would  be  so  stated  ui- ...  th 

record,  so  far  as  respects  tht  pio 
f  the  body." 
I^dduced  practice  to  the  contrary,  J»J 
at  the  expiring  Congress  had  oftc^ 
midnight,  on  the  day  of  the  3d  o 


March,  in  the  years  when  lliat  day  was  tin-  end 
of  the  Cminress;  and  in  sjHakiii^  of  what  hud 
iiftiii  ()C<'iirred,  lie  was  rif;ht.  I  have  often  seen 
it  iiivself  ;  but  in  such  cases  (liere  was  usually 
[111  acknowle(l)j;.iieiit  of  the  wroiiK  by  stopping,' 
tlie  Senate  eiock,  or  settiii)^  it  back  ;  and  I  havi' 
aJHO  seen  the  hour  call(<l  and  niarived  on  the 
iduriial  after  twelve,  and  the  bills  sent  to  the 
I'resideiit,  noted  as  passed  at  such  an  hour  of 
the  iiioriiiii};  of  the  fourth  ;  wlun  they  remained 
uiitoiiclied  by  the  President ;  and  all  bills  and 
acts  sent  to  him  on  the  morninj?  of  the  fourth 
are  (lilted  of  the  third  ;  and  that  date  le;;alizes 
tliein,  altliouj;h  erroneous  in  point  of  fact. 
]{iit  many  of  the  elder  inembers,  such  as  Mr. 
Maci'.i,  would  have  nothii.p;  to  do  with  these 
(onlviva.ices,  and  left  the  cliainber  at  midnipht, 
saying' that  the  Co.ij^ress  was  constitutionally 
ixtiiict,  ami  that  they  had  no  louf^erany  power 
(osil  and  act  as  a  Senate,  lljion  this  point  Mi-. 
(IrHiiily,  of  Tennessee,  a  distinguished  jurist  as 
well  ns  Htatesman,  delivered  his  opinion,  and  in 
consonance  with  the  best  authorities.  Ho  .said: 

"  A  serious  question  seems  now  to  he  made, 
a.s  to  what  time  Congress  constitutionally  ter- 
minates,    Until  lately,  I  have  not  heard  it  seri- 
ously urged  tliat  twelve  o'clock,  on  the  .'?d  of 
Mairh,  at  night,  is  not  the  true  p.-riod.    It  is  now 
insisted,  however,  that  at  twelve  o'clock  on  the 
4tii  of  Man^li  is  the  true  time ;  and  the  aigu- 
nient  in  siipptwt  of  th's  i.s,  that  the  first  Cou- 
lircss  met  at  twelve  o'clock,  on  the  4th  of  March. 
This  is  not   placing  the  (piestion  on  the  true 
pround ;  it  is  not  when  the  Congress  did  meet, 
orwhentlio  President  was  rpialilied  by  taking 
the  oath  of  odice,  but  when  did  they  have  the 
constitutional  right  to  meet?     This  certainly 
was,  and  is,  in  all  future  cases,  on  the  4tli  of 
.March ;  and  if  the  day  commence,  accoiding  to 
tiie  universal  acceptation  and  understaniling  of 
the  coll.. ti-y,  at  the  first  moment  after  twelve 
o'clock  at  night  on  the  .'5d  of  Mardi,  the  consti- 
tutional right  or  power  of  the  new  Congress  com- 
mences  at  that  time  ;  and  if  called  by  the  Chief 
.Magistrate  to  meet  at  that  time,  they  might 
then  qualify  and   open   their  session.     There 
would  be  no  use  in  arguing  away  the  common 
understanding  of  the  country,  and  it  would  seem 
as  reasonable  to  maintain  that  the  4th  of  March 
ended  when  the  first  Congress  adjourned,  as  it 
is  to  say  that  it  began  when  they  met.     ••'roin 
twelve  o'clock  at  night  until  twelve  o'clock  at 
ni?ht  is  the  mode  of  computing  a  day  by  the 
[K.'opie  of  the  United  States,  and  I  do  not  feel 
autliorized  to  establish  a  different  mode  of  coiii- 
[lutation  f)r  CiMigi'ess.      At  what   i.^ur  does 
Cliristiiins  commence  ?  When  does  the  first  day 
of  the  year,  o;  the  first  of  January,  commence  ? 
Ls  it  at  niiduight  or  at  noon  ?    If  the  first  day 


of  a  year  or  iiioiilli  begins  and  eiuls  at  midnight, 
does  not  every  other  day  7  Congiesn  has  al- 
ways acted  upon  the  impressi(m  that  the  .'hi  of 
March  eiuhti  at  midniglil;  hence  that  setting 
back  of  clocks  wliich  we  have  witnessed  on  tho 
;!d  of  March,  at  the  termination  of  the  short  ses- 
sion. 

"  In  using  this  nrgiimenf,  I  do  not  wish  to  Ihj 
understood  as  censuring  those  who  have  trans- 
aited  the  pnblu;  hiisincss  here  after  twelve 
o'ch)ck  on  llie  ;>d  of  .March.  From  this  error, 
if  it  be  one,  I  claim  no  cxempli<m.  With  a  sin- 
gle exception,  F  believe,  I  hav«!  always  remained 
until  the  final  adjournment  of  hoth  Houses.  As 
to  the  President  of  the  riiited  Slates,  he  re- 
mained until  after  one  o'clock  on  the  Ith  of 
.March.  'I'his  was  making  a  full  and  fair  allow- 
aiure  for  the  difference  that  might  exist  in  <lif- 
ferent  instruments  for  keeping  time ;  and  he 
then  retired  from  his  cliamber  in  the  Capitol. 
The  fortification  bill  never  passed  Congress  ;  it 
never  was  oll'ereil  to  him  for  his  signature  ;  he. 
therefore,  can  be  in  no  fault.  It  was  arguecl 
that  many  acts  of  (Congress  passed  on  the  4th  of 
March,  at  the  short  session,  lue  upon  our  statute 
hook.s,  and  that  these  acts  are  valid  and  binding. 
It  should  he  remembered  that  they  allbeanlato 
on  the  15(1  of  March  ;  and  so  high  is  the  authen- 
ticity of  our  records,  that,  according  to  the  rules 
of  evidence,  no  testimony  can  be  received  to  con- 
tradict any  thing  which  ajUK-ars  upon  the  faco 
of  our  acts." 

To  show  the  practice  of  the  Senate,  when  it"* 
attention  was  called  to  the  true  hour,  and  to 
the  fact  that  the  fourth  day  of  March  was  upon 
them,  the  author  of  this  View,  in  the  course  o/ 
this  debate,  showed  the  history  of  th.e  actual  ter- 
mination of  the  last  ,session — the  one  at  which 
the  fortification  bill  was  lost.  Mr.  Hill,  of  New 
Hampshire,  was  speaking  of  certain  enormous 
printing  jobs  wliich  were  jnessed  upon  the  Sen- 
ate in  its  expiring  moments,  ami  defeated  after 
midnight;  Mr.  Benton  asked  leave  to  tell  tho 
secret  history  of  this  defeat ;  which  being 
granted,  he  stood  up,  and  said : 

"  He  defeated  these  printing  jobs  after  mid- 
night, and  by  speaking  against  time.  He  had 
avoweil  his  determination  to  speak  out  the  ses- 
sion ;  and  after  speaking  a  long  time  against 
time,  he  found  that  time  stood  still ;  that  tho 
hands  of  our  clock  obstinately  refused  to  pass 
the  hour  of  twelve ;  and  thereupon  addres.sed 
the  presiding  officer  (Mr,  'J'3ler,  the  President 
pro  teni."),  to  call  to  his  attention  the  refractory 
disposition  of  the  clock  ;  which,  in  fact,  had  been 
set  back  by  the  ollicers  of  the  i.Iouse,  according 
to  common  usage  on  the  last  night,  to  hide  fiom 
ounselves  the  fact  that  our  time  was  at  an  end. 
The  presiding  oflicer  (Mr.  B.  said)  directed  an 
officer  of  the  Hou.se  to  put  forward  the  clock  to 


600 


TIIIUTY  YRARS*  VIKW. 


■I    if^l-'f'i'""  i" 

m 


till!  rifrht,  time  ;  which  was  ilono  ;  nncl  not  aii- 
othoi-  voto  wan  taken  that  ni^ht,  e.\coi)t  the  vote 
to  ncyourn." 

Tliia  was  a  case,  as  the  lawj'crs  say,  in  pdint. 
It  was  tlic  refusal  uf  tliu  Senate  the  very  nijjlit 
in  qneatiun,  to  do  any  tiling  except  to  give  tlie 
adjourninf;  vote  after  the  attention  of  tlie  Senate 
was  called  to  the  hour. 

In  reply  to  Mr.  Culhoun'H  argument  against 
American  arming,  and  that  such  arming  would 
be  war  on  our  side,  Mr.  Grundy  rt   !icd: 

'•But  it  is  snid  by  the  gentleman  from  South 
Carolina  (Mr.  Calhoun),  that,  if  wc  arm,  wo  in- 
stantly make  war:  it  is  war.  If  this  be  so.  we 
are  placed  in  a  most  humiliating  situation.  Since 
tills  controversy  commenced,  the  French  nation 
has  aniK"';  they  have  increased  their  vessels  of 
war;  they  have  equipped  them  ;  they  have  en- 
listed or  pressed  additional  seamen  intG  the  pub- 
lic service ;  they  have  appointed  to  the  coni- 
niaiid  of  this  lai-ge  naval  force  one  of  tlie'r  most 
expericnceil  and  renowned  naval  ofllccrs ;  and 
this  sf^nadron,  thus  prepare<l,  and  for  what  par- 
ticuliir  purpose  we  know  not,  is  now  actually  in 
the  ni  ighborhood  of  the  Americmi  coast.  I  ad- 
mit this  proceeding  on  tiie  part  of  the  French 
government  is  neither  war,  nor  just  cause  of  war 
on  our  part ;  but,  seeing  this,  shall  we  be  told, 
if  we  do  similar  acts,  designed  to  defend  our  own 
country,  we  are  making  war  ?  As  I  understand 
the  public  law,  every  nation  hivs  the  right  to 
judge  for  itself  of  the  extent  of  its  own  military 
au(l  naval  armaments,  and  no  other  nation  has  a 
right  to  complain  or  call  it  in  question.  It  ap- 
pears to  nic  that,  although  the  preparations  and 
armaments  of  the  French  government  are  mat- 
ters not  to  be  excepted  to,  still  they  should 
admonish  us  to  place  our  country  in  a  condition 
in  which  it  could  be  defended  in  the  event  the 
present  difficulties  between  the  two  nations 
should  lead  to  hostilities." 

In  the  course  of  the  debate  the  greater  part 
of  the  opposition  senators  declared  their  inten- 
tion to  sustain  measures  of  defence  ;  on  which 
Mr.  Benton  congratulated  the  country-,  and  said : 

"  A  good  consequence  had  resulted  from  an 
unpleasant  debate.  All  parties  had  disclaimed 
the  merit  of  sinking  the  fortification  bill  of  the 
last  session,  and  a  majority  had  evinced  a  deter- 
mination to  repair  the  evil  by  voting  adequate 
appropriations  now.  This  was  good.  It  be- 
spoke better  results  in  time  to  come,  and  would 
dispel  that  illusion  of  divided  counsels  on  which 
the  French  government  had  so  largely  calcula- 
ted. The  rejection  of  the  three  millions,  and 
the  loss  of  the  fortification  bill,  had  deceived 
France ;  it  had  led  her  into  the  mistake  of  sup- 
posing that  we  viewed  every  question  in  a  mer- 
eantile  point  of  view ;  that  the  question  of  profit 


and  loss  was  the  only  rule  we  hail  to  po  h 
that  national  honor  was  no  object  ;  niid  that, 
ol)tain  these  miserable  twenty-five  millions 
fmncs,  we  slioiild  be  ready  to  submit  to  ai 
ijuantity  of  iiidi|;nity,  and  to  wade  through  ai 
depth  of  national  humiliation.  Tlu'  ile'ia 
which  has  taken  place  will  dispel  that  illnsioi 
and  till'  fii"st  dispatch  which  the  young  A 
iiiiral  Mnckau  will  have  to  send  to  his  gover 
ment  will  be  to  inform  it  that  there  has  been 
mistake  in  this  business — that  these  Aniericai 
wningle  anioiig  them.-elvcs,  hut  unite  again 
foreigners  ;  and  th'it  many  opposition  senato 
are  ready  to  vote  double  the  amount  of  tl 
twenty-five  millions  to  put  the  country  in 
condition  to  sustain  that  noble  sentiment 
President  Jackson,  that  the  honor  of  his  coin 
try  shall  never  bo  stained  by  his  making  j 
apology  for  speaking  trutij  in  the  performaa 
of  duty." 


CHAPTER  CXXXIII. 

FIIKNCIIINDKMXITIKS:  mUTISlI  MEUIATION:I> 
DKMNITIES  I'AU). 

The  message  of  the  President  in  relation  t 
French  affairs  had  been  referred  to  the  Senate 
committee  on  foreign  relations,  and  before  an 
report  had  liecn  received  from  that  conunittcc 
further  message  was  received  from  the  I'lesidci 
informing  the  Senate  that   Great  Britain  Im 
oflered  her  friendly  mediation  between  the  I'n 
ted  States  and  France — that  it  had  been  ai 
cepted  by  the  governments  both  of  France  an 
the  United  States ;  and  recommending  a  siii 
pension  of  all    retaliatory    measures    again; 
France  ;  but  a  vigorons  prosecution  of  the  n: 
tional  works  of  general  and  permanent  defenc 
The  message  also  stated  that  the  mediation  lia 
been  accepted  on  the  part  of  the  United  Stati 
with  a  careful  rcsen-ation  of  the  points  in  tl 
controversy  which  involved  the  honor  of  t 
country,  and  which  admitted  of  no  coinpromi 
— a  reservation  which,  in  the  vocabulary  of  Gci 
oral  Jackson,  was  equivalent  to  saying  that 
indemnities  must   be   paid,  and  no  apologii 
made.     And  such  in  fact  was  the  case.    With 
a  month  from  the  date  of  that  message  the  foi 
instalments  of  the  indemnities  then  due,  wc 
fully  paid  •  and  without  waiting  for  any  acti( 
on  the  part  of  the  mediator.    In  coniniunicatii 
the  ofl'er  of  the  British  mediation  the  Preside: 
expressed  his  high  appreciation  of  the  "clcvat< 


ANNO  \m\.    ANDREW  JACKSON.  rilKSIDRNT. 


601 


Donlyn.lc  wo  ha.M..  ^o  U  ; 
,or%v.»sn..o1r.'  ;  an.l  Iml.lo 
soriU.le  twenty-live  m.U.ons  „f 
la  ,,e  ready  to  su».n»t  to  any 
.nity,  uiul  to  wmle  Um,„i: h  any 

„l,vcc  will  .lispel  that  illusion; 
ispatch  which  the  voniij:  A.l- 
,il\  have  to  Ben.1  to  Ins  Kovern- 

\uform  it  that  there  has  heen  u 
l.uBincss-that  these  Au.ennuH 
,  themselves,  but  unite  njiamst 
i  that  many  opposition  senators 
,oto  double  the  amount  of  the 
Uions  to  put  the  country  ui  a 

istain  that  noble  Bent.mcut  .f 
k«on.  that  the  honor  of  his  conn, 
jr  bo  stained  by  his  makinp  an 
caking  truth  in  the  pertormanco 


,PTEB.  CXXXIII. 

•MNITIK.9:  BU1TI!*II  MEUUTIOS  :  IS- 

0  of  the  President  in  relation  to 

M  had  been  referred  to  the  Senate'. 

foreign  relations,  and  before  any 

^cn  received  from  that  conmiittce  a 

;a.^e  was  received  from  the  I'resident 

L  Senate  that   Great  liritamtel 

riendly  mediation  between  the  Ini- 

Lnd  Francc-thut  ithadbeenac 

'egovernmentsbothof  Fnuiccauil 

States ;  and  recommending  a  sus- 

all    retaliatory    measures    against 

a  vigorous  prosecution  of  the  na- 

of  general  and  permanent  defence 

•  also  stated  that  the  mediation  had 

•don  the  part  of  the  United  States 

f«lrcser>-ationof  the  points  m  the 

which  involved  the  honor  of  the 
I  which  admitted  of  no  compronnsc 

don  which,in  the  vocabulary  of  Gen- 
n  was  equivalent  to  saying  that  the 
^  'luust  be  paid,  and  no  apolopos 
i  such  in  fact  was  the  case,  ^^>to 
,m  the  date  of  that  message  the  four 

of  the  indemnities  then  due,  were 
land  without  waiting  for  any  action 

'of  the  mediator.  In  conmiumca  mg 
the  British  mediation  the  l're..d^ 
•s  high  appreciation  of  the  "elevate 


anil  disintcTo.sted  motives  of  that  offer.''     The 
niolives  wo'v,  in  fact,  both  liuvated  and  tli.sin- 
(iiested  J  und  presents  one  ot  those  noble  8|)ec- 
tiicli's  in  (ho  conductor  nations  on  wliirh  his- 
tmv  love!-   to  dwell.      France  and   the  United 
Suites  ha('  fought  together  against  (J ivat  liritaiu ; 
)i,.\v  (ircat  Hritain  stepii  bftwwn  France  and 
the  United  States  to  prevent  tluiu  from  tlght- 
iiii;  each  other,     (leorge  tlie  'i'liiid  received  the 
ciinihiiied  att^icks of  French  ami  Americans;  his 
Mill,  William  the  Fourth,  interposes  to  prevent 
their  arms  from  being  turned  against  each  other. 
It  was  a  noble  intervention,  and  a  just  return 
for  the  good  work  of  the  Kmpoor  Alexander  in 
ollVring  his  mediation  between  the  United  States 
and  Great  Britain — good  works  these  peace  me- 
diations, and  as  nearly  divine  as  humanity  can 
reach ; — \rorthy  of  all  praise,  of  long  remem- 
brance, and  continual  imitation; — the  more  ho 
in  this  case  of  the  British  mediation  when  the 
event  to  be  prevented  would  have  been  so  favor- 
able to  British  interests — would  have  thrown 
the  commerce  of  the  United  States  and  of  France 
into  her  hands,  and  enriched  her  at  the  expense 
of  both.    Happily  the  progress  of  the  age  which, 
incnltivating  good  will  among  naticms,  elevates 
peat  powers  above  all  selfishne&s,  and  permits  no 
unfriendly  recollection — no  .selfish  calculation — 
to  balk  the  impulsions  of  a  noble  philanthropy. 
I  have  made  a  copious  chapter  upon  the  sub- 
i(( t  of  this  e[iisodical  controversy  with  France 
—more  full,  it  iniglit  seem,  than  the  subject  re- 
quired, seeing  its  speedy  and  happy  termina- 
tion:  but    not  without    object.      Instructive 
lissons  result  from  this  hi-Jtory ;  both  from  the 
French  and  American  side  of  it.    The  wrong  to 
tlic  United  States  came  from  the  French  cham- 
kr  of  deputies — from  the  opposition  part  of  it, 
composed  of  the  two  extremes  of  republicans 
and  legitimists,  deadly  hostile  to  each  other,  bat 
combined  in  any  attempt  to  embarrass  a  king 
wliom  both  wished  to  destroy :  and  this  French 
opposition  inflamed  the  question  there.    In  the 
United  States  there  was  also  an  opposition,  com- 
posed of  two,  lately  hostile  parties  (the  modern 
ivliign  and  the  southern  dissatisfied  democracy) ; 
cm!  this  opposition,  dominant  in  the  Senate,  and 
frustrating  the  President's  measures,  gave  en- 
cmirasemcnt  to  the  French  opposition :  and  the 
two  top:ether,  brought  their  respective  countries 
to  tlie  brink  of  war.     The  two  oppositions  are 
responsible  for  the  hostile  attitude  to  which  the 


two  countries  were  hroiipht.  That  this  is  not  n 
harsh  opinion,  nor  without  foundiition,  may  Ih) 
seen  by  the  history  which  is  given  of  (he  case 
in  the  chapter  dedicateil  to  it ;  and  if  more  is 
wanting,  it  may  be  found  in  the  recorded  debates 
of  the  day ;  in  which  things  were  said  which 
were  afterwards  ri'gre-tted ;  and  which,  being 
jegretteil,  the  author  of  this  View  has  no  (h-sire 
to  repiat : — tin*  instructive  lesson  of  history 
which  he  wishes  to  inculcate,  being  complete 
without  the  exhumation  of  what  ought  to  re- 
main buried.  Nor  can  the  steadiness  ami  firm- 
ness of  President  Jackson  bo  overlooked  in  this 
refii'ctive  view.  In  all  the  aspects  of  the  French 
question  he  remained  inflexible  in  his  demand 
for  justice,  and  in  his  detrmination,  so  far  a.s  it 
depended  upon  him  to  have  it.  In  his  final 
message,  communicating  to  congress  the  con- 
clusion of  the  afiliir,  he  gracefully  associated 
congress  with  himself  in  their  joy  at  the  resto- 
ration of  the  ancif  lit  cordial  relations  between  two 
countries,  of  ancient  friendship,  which  miscon- 
ceptions had  temporarily  alienated  from  each 
other. 


C II  APT  Ell     C  XXX IV. 

PKESIDENT  JACKSON'S  FOKEION  DII'I.OMACV. 

A  VIEW  of  President  Jackson's  foreign  diplo- 
macy has  been  reserved  for  the  last  year  of  his 
administration,  and  to  the  conclusion  of  his 
longest,  latest,  and  most  difficult  negotiation; 
and  is  now  presented  in  a  single  chapter,  giving 
the  history  of  his  intercourse  with  foreign  na- 
tions. From  no  part  of  his  administration  was 
more  harm  apprehended,  by  those  who  dreaded 
the  election  of  General  Jackson,  than  from  this 
source.  From  his  military  character  they  feared 
ombroilm'.  ats ;  from  his  want  of  experience  as 
a  diplomatist,  they  feared  mistakes  ami  blunders 
in  our  foreign  intercourse.  These  apjirehc  nsions 
were  very  sincerely  entertained  by  a  larj.',e  pro- 
portion of  our  citizens ;  but,  as  the  event  proved, 
entirely  without  foundation.  No  part  of  his 
administration,  successful,  beneficial,  and  honora- 
ble as  it  was  at  home,  was  more  successful,  bene- 
ficial and  honorable  than  that  of  his  foreign 
diplomacy.  lie  obtained  indemnities  for  all 
outrages  committed  on  our  commerce  before 


G02 


Timj-n'  YKAIW  VIKW. 


i  5 


,  f,' 


8,      ■■J' 

;  '  II; 


^?,ffi 


hiH  tiiiu>,  mill  iiiiiiL' \V(M'(<  rotninittcd  tliiriii);  hix 
tiiiio.  ]|t>  iiiaiU- pMxl  (Miiiiiiu'iviiil  trt'utii'H  with 
Koiiu-  imlioiis  I'lcm  whitl.  Ilicy  niiild  not  In-  dI)- 
(niiu'tl  iK'Cnri — siltltd  hoiiio  loiin-.stiinilii);  and 
vi'xaliinis  (luiHtioim;  iiiid  Itd't  tlio  wliolo  \v<irld 
at  iH'iur  with  Iiis  coiiiitry,  iiiid  tngiim'd  in  tlu- 
pood  ollico.s  of  tnulf  and  lio-^jiilality.  A  luii-f 
dotiiil  of  actual  occiirrcnct-rt  will  justify  tliiw 
gt'iioral  and  af^'vi'iiliic  sfiitoini'iit. 

1.  Thk  I)iui:(  t  I'uADK  wrrii  tiik  Khitisii 
Wkhi'  Inoiks. — I  liavf  nlivady  whown,  in  a  Ht|m- 
rato  olmptop,  tlio  ici-ovory,  in  tlu'  (Irst  3 oar  of 
Ihh  adiniiiistiation,  of  this  vainalik'  liranch  of 
our  connni-rci',  so  di'sirai)lL'  to  us  from  thi'  ncnr- 
no8M  ot  those  islands  to  our  shoro,  tho  domestic 
produftions  which  tlicy  took  from  ns,  tlio  om- 
jiioymcnt  it  gavo  to  our  navigation,  tho  actmU 
largo  ainoimt  of  tho  trado,  tho  acooptablo  arti«'los 
it  gave  in  return,  ami  its  natisfactory  estahlish- 
inont  on  a  durahlc  liasis  after  lil'ty  years  of  in- 
terrupted, and  precarious,  and  restricted  enjoy- 
ment: and  I  add  nothing  more  on  that  head. 
I  proceed  to  new  oases  of  indemnities  obtained, 
or  of  new  treaties  formed. 

2.  At  the  head  of  these  stands  tlio  Fni-.NCii  Fn- 
DK.MMTV  TuKA  r\. — Tlio Commerce  oftlio  United 
States  had  sullcred  greatly  under  the  decrees  of 
tho  Kmperoi'  Napoleon,  and  rediess  had  been 
sought  by  every  atlministration,  and  in  vain, 
from  tiiat  of  Air.  Madison  to  that  of  Mr.  Jolui 
Quincy  .\dam,s,  inclimively.  President  .Jackson 
determined  from  tho  llrst  niomeat  of  his  admin- 
istration to  prosecute  the  claims  on  France  with 
vigor  ;  and  that  not  only  as  a  matter  of  right, 
but  of  policy.  There  wore  other  secondary 
powers,  such  as  Naples  and  Spain,  subject  to  the 
eanio  kind  of  reclamation,  and  which  had  shel- 
tered their  refusal  behind  tliat  of  France  ;  an^ 
with  some  show  of  reason,  a.s  Franco,  besides 
having  conmiitted  the  largest  depredation,  was 
the  origin  of  the  .system  under  which  they  acted, 
and  the  inducing  cause  of  their  conduct.  Franco 
was  tho  strong  power  in  this  class  of  wrong- 
doers, and  as  such  was  tho  one  first  to  be  dealt 
with,  fn  his  lirst  annual  message  to  the  two 
Houses  of  Congress,  President  Jack.son  brought 
this  subject  before  that  body,  and  disclosed  his 
own  policy  in  relation  to  it.  lie  took  up  the 
question  as  one  of  undeniable  wrong  which  had 
already  griven  rise  to  much  unpleasant  discu.s- 
sion,  and  which  might  lead  to  possible  collision 
between  the  two  coverunients ;  and  expressed  a 


contldont  hope  tliiit   the  injurioux  delayx  of  t 
past  would  find  a  redresM  in  the  oipiity  of  t 
future.     This   was   pietiy  clear  language,  ni 
stood  for  sdinetliiiig  iu  the  message  of  a  I'le 
d«'nt  whose  ma.sim  of  foreign  policy  was,  to"ii; 
nothing  but  what  was  right,  and  to  sulmiit 
nothing  that  was  wrong."     .\t   the  same  tin 
Mr.  William  ('.  Ilives,  of  Virginia,  '.as  sent 
Paris  as  minister  plenipotonliiuy  and  envoy  c 
triiordinary,  and  especially  charged  with  this  r 
clamation.     His  mission  was  succos.-fid  ;  mnl 
the  eonunencoment  of  the  session  IH.'il-'.'l'J  || 
President  had  the  gratilieation  |o  coiininuiica 
to  both  IIou.ses  of  Congress  and  to  submit  to  tl 
Senate  for  its   approliaticm,  the  treaty  wliii 
clo.iod  up  this   long-standing  head  of  e(iiii|iliiii 
against  an  ancient  ally.     The   i'reiieh  gdvcn 
nient  agreed  to  pay  twiMity-live  millions  of  fiaiu 
to  American  citizens  ''for  (such  was  the  laM;;iia;i 
of  the  treaty)   uidawful    seizures,   ciiptnKs,  ^ 
(piestrations, «'onllscalions(ir  destruction  nl'llni 
vessels,  cargoes  or  other  property ;"  sidijcct  ti> 
deduction  of  one  million  and  a  half  ofl'ianis  fn 
claijus  of  Freucl' citizens,  or  the  royal  tMa^iir\ 
for  '"aneient  supplie-,  or  accounts,"  or  for  re 
clamations   on   accoiuit   of  eonimer(;iul   iiijiirj- 
Thus  all  American  claims  for  spoliation  in  tin 
time  (.' tho  Emperor  Nap(tleon  were  ackiiowl 
lodged  and  agreed  to  be  salisliod,  and  the  lu 
knowledgment  and   agreement  fu'   sati>fa(ti 
made  in  terms  wliich  admitted  the  illegality  an 
injustice  of  the  acts  in  which  they  originate 
.\t  the  same  time  all  the   French  cl,iini>i  ii]ii 
the  United  States,  from  tlie  time  of  onr  revi 
tion,  of  which  two  (those  of  the  heirs  of  W-w 
marehais  and  of  the  Count  llochanilieuii)  In 
been  a  subject  of  reclamation  for  forty  year 
were  satislied.     Tho  treaty  was  signed  .Inly  4t 
ISiil,  one  year  after  the  accession  of  Louis  I'lii 
lippe  to  the  French  throne — and  to  the  iiatiir 
desire  of  tho  new  king  (under  the  circunistanci 
of  his  elevation)  to  be  on  good  terms  with  tl 
United  States;  and  to  the  good  oflicos  of  Gimkt 
Lafayette,  then   once   more  influential  in  tl 
councils  of  Franco,  as  well  as  to  the  zealous  e 
crtions  of  our  minister,  the  auspicious  coiiclusic 
of  this  business  is  to  be  much  attributed.    TlT 
indemnity  payable  in  six  annual  equal  instij 
ments,  was  satisfactory  to  government  and 
the  claimants ;  and  in  communicating  infornj 
tion  of  the  treaty  to  Congress,  President  Jac| 
son,  after  a  just  congratulation  on  putting 


I^SilifefllJ:: 


ANNO  iH.Tft.     ANI)Ui:W  .lACKSON,  TUKSIDKNT. 


C03 


,a  il.i'  iniml.'us  <M!»yH  of  (1)« 
V  ,r.lir~H   i»'  tlu'  *'i"''»y  "I"  «''« 

,u  of  roiTit:'M'">''T^^'^'' '"""''' 
,1   WHS  rit;hl,  »i».l  t"  Mamnl  to 

s  wn.nn."     At  l''^'  ^'""'"  """' 

Uivi •-<,  of  Virniui'V  '.<»'*  ^'"l  '" 

,,.  .a.uipol.'ntiuiy  uM'l  o..v..y  ex- 

l  oH.Kci.iUy  i'loi'niMl  with  tins  ,v- 

,  ,„i>.i..n  was  H.u-.TS^n.l ;  lu.-l  ut 

lonlof  tlu- scssioi.  I«;n-':i2,  tl>« 

the  putiiU-HtWm  to  coummnuati. 

,  of('<»i»">-ossiiiult<.sul.iiulloth« 

,u,,,r..lmtion,  tl>o   tiv.Uy  wl.i.h 

,o„.-st:inaiu-  iK'U.l  of  n.n.i.laint 

dent  uUy.    'H'^'  '•''•••'"''  ^^''^''^'^ 
,„;,vtwcuty-tivoiniUi..nsot  tram's 

,iy^:„^  ..for  (suaiwasthflmi;;im;;i' 

,  „„,uwful    Hi'i/'nvs,  .■.i.tMV.s  .,.. 
,out\soatu...su.MU.slnirt>onullh.ir 

,rtoroUaTl.roFrty,"'*"»lF^-lt';'^ 
.,„,„uUio»anaakvlforfr,u.rsfnr 

„chcUim.s,oMh.  royal  fva^iry, 
supi.lK-,  or  am.uuts,"  or  lor  rc- 
,„  ;u-n.anl   of  coin.iuMC.al  injury. 
KTlcan  olai.ns  for  simliafu.n  m  the 
K,ni>oror  Nai-UH...  w.iv  arkumv- 
,J,atobo  salislU-l,  au.l  t  u.  uc 
.;  una   asm.uu.nt  for   sal.  u.-ou 
,,  which  aclnuttoatluMlU.,.Uly  an 
he  acts  in  which  they  or.i^.uulal. 
,i„,oal\  the  French  clai.i.s  ai-n 
,tntcs,from  the  time  of  our  tvvoU^ 
h  two  (those  of  the  heirs  ol  W^ 
I  of  the  Count  Uochana.eau)  luul 
,t  of  reclamation  (V.r  forty  yea.^, 
,.     The  treaty  was  si,nea.lulyllj 
.rafter  the  accession  of  hou.srh.W 
;.;.nch  throne-ana  to  the  mtun 
„ewkin,(unaerthec,rc«u,stan. 
U,n)toheongoo^Uerms^uhth 
;:     ud  to  the  good  omceso  Gene. 

h  „   once   more  inlhienfal  m  t. 
France  as  well  as  to  the /.oalouse,. 

:l;ster,thc auspicious  ...lu^ 
.essistobcmuchattnbuted    'll>^ 

:,.hle  in  six  annual  e,uaUn..^ 
satisfactory  to  government  aad  to 
.ts    and  in  commnnicatmg  .uform 
t^toCongresB,l>resiae,vt    ac- 
just  congratulation  on  vutlmi,  au 


I'liil  to  n  Nulijeet  of  irrHatiun  wliidi   fur  many  [ 
Yinrs  liail,  in  nouiv  (lejini', ali<  iiitted  two  natioim 
fnnii  eiicli  otlur.  which,  from  inlcrisl  its  well  us 
fiiiiii  early  ri'i'ujh'clidiis,  oiijjhl    to  ('hi'ri^^h  the 
iiiiist  Ciirndiy  reiuliitris — and  (us  if  fifliii^^iill  the 
fiirllier  ccnoeiiucntial  advaiila;;»'sof  tliisHiiiceNs) 
\u'iil  oil  to  state,  as  Home  of  (Ju'  j^ood  cfU'cts  to 
risiilt  iVom   it,  liiat  it  pivo  iiicouiuj^ement  to 
inrsrvi  re  in  ileinaiids  for  justice  from  other  na- 
tions; tliat  it  would  Itc  itii  udnionilion  that  Just 
cliiiiiiH  would  he  jirosccuted  to  siitisfiietory  eon- 
cliisions.  and  givi'  assiiraneo  to  our  own  eiti/ens 
tliiit  their  own  f;ovtrnmcn'  will  exert  all  itscou- 
^titllti^tnal  |Kiwer  to  ohtain  redress  ftir  all  their 
foreign    wronj:;H.      'I'liis  latter  dielarution   was 
afterwards  put  to  the  jtroof,  in   relation  to  the 
execution  of  the  treaty  itself,  and  was  kept  to  the 
wlii)le  extent  of  its  letter  and  spirit,  iiiid  with 
pmd  results  both   to    France  and  the  United 
States.     It  so  liap|)ened  that  the  Freneli  lej^isla- 
tive  chambers   refused   to   vote   appropriations 
ueeessary  to  carry  the  treaty  into  elfect.    An 
iicTiMiunious  correspondence    hetween   the  two 
piverunients  took  place,  becoming  complicated 
with  resentment  on  the  part  of  France  for  s"   ,ic 
( xiire.ssious,  which  she  found  to  be  disrespect lul, 
ill  II  message  of  President  Jackson.     Tlie  French 
minister  was  recalled  from  the  United  States ; 
llie  American  minister  received    his   pusH|K)rt; 
ami  reprisals  were    recommended   to  Congress 
liy  the  President.     But  there  was  no  necessity 
for  them.     The  intent  to  give  oHence,  or  to  bo 
(lisrespetful,  was  disclaimed ;    the  instalments 
in  arrear  were  paid ;  the  two  nations  returned 
to  their  accustomed  good  feeling;  and  no  visible 
trace  remains  of  the  l)ricf  and  transient  cloud 
ffiiich  for  a  while   overshadowed  them.      So 
finished,  iu  the   time  of  Jackson,  with  entire 
fatisfiiction   to  ourselves,  and   with    honor  to 
iKith  parties,  the  question  of  reclamations  from 
France  for   injuries   done  our  citizens  in  the 
time  of  the  Great  Emperor  ;  and  which  the  ad- 
ministrations of  Jefl'crson,  IMadison,  Monroe  and 
John  Quincy  Adams  had  been  unable  to  en- 
force. 

3.  Danish  Treaty. — This  was  a  convention 
for  indemnity  for  spoliations  on  American  com- 
niirce, committed  twenty  years  before  the  time  of 
General  Jackson's  administration.  They  had  been 
committed  during  the  years  1808, 1809, 1810,  and 
r?ll,  that  is  to  say,  during  the  last  year  of  Mr. 
JeiTergon's  administration  and  the  three  first  ycarg 


of  .Mr.  Mailisoii's,     They  consisted  ofillegal  seiz- 
ures and  illegal  cnndemiiatioiis  or  cnnllsealioiisof 
American  vchscIh  and  their  cargoes  in   Danish 
ports,  during  the  time  when  the  llrilish  nrders 
in  council  ami  the  French  imperial  decrees  were 
devastating  the  eommer(*e  of  neutral  imtions,  and 
suhjeeting  the  weaker  poweis  of  F.uin|K'  to  lliu 
course  of  policy  which  the  two  great  l)illi;.'erent 
powers  had  adopted.     The  termiiiulion  of  the 
great  Kuro|Kan contest,  and  the  return  of  nations 
to  the  accustomed  paths  of  eoumiercial  inter- 
course and  just  and  friendly  relulioiis,  furnished 
n  suitable  opportunity  for   the  United   States, 
whose  citiKcus  had  snlfered  so  much,  to  denmud 
indemnity  for  these  injuries.     The  d(;inand  had 
been  made,  and  had  been  followed  up  with  Kitd 
during  each  succeeding  administration,  but  with- 
out ellect,  until  the  administration  of  Mr.  John 
Quincy  Adams.     During  that  administration, 
and  in  the  hands  of  the  American  ('hai;;!''  d'Af- 
faires  (.Mr.  Henry    Wheaton),   the   negotiation 
made  encouraging  progress,     (ieiierid  Jackson 
did  not  change   the    negotiato- — did  not  incur 
double  expense,  a  year's  dehr  ,  and  substitute  a 
raw  for  a  ripe  minister — and  the  iie};;otiation 
went  on  to  a  speedy  and  prosperous  conclusion. 
The  treaty  was  conclnd«Ml  in  March,  IHIU),  and 
extended  to  a  complete  settlement  of  all  ipies- 
tions  of  reclamation  on  both  sides.     The  Danish 
government  renounced   all    iiretension    to    the 
claims  which  it  had  preferred,  and  agreed  to  pay 
the  sum  of  six  hundred  and  fifty  thousand  dol- 
lars to  the  government  of  the  United  States,  to 
be  by  it  distributed  among  the  American  claim- 
ants.    This  convention,  which  received  the  im- 
mediate ratilication  of  the  President  and  Senate, 
terminated  all  diil'erences  with  a  friendly  jiower, 
with  whom  tlie  United  States  never  had  any 
but  kind  relations  (these  spoliations  excepted), 
and  who.sc  trade  to  her  West  India  islands,  ly- 
ing at  our  door,  and  taking  much  of  our  domes- 
tic productions,  was  so  desirable  to  us. 

4.  Neapolitan  Indemnity  Tueatv. — When 
Murat  was  King  of  Naples,  and  acting  upon  the 
system  of  his  brother-in-law,  the  Emperor  Na- 
poleon, he  seized  and  confiscated  many  vessel  s  and 
their  cargoes,  belonging  to  citizens  of  the  United 
States.  The  years  1809,1810, 1811  ami  1812  were 
the  periods  of  these  wrongs.  Efiorts  had  heen  made 
under  each  administration,  from  Mr.  Madison  to 
Mr.  John  Quincy  Adams,  to  obtain  redress,  but 
in  vain.    Among  others,  the  special  mission  of 


604 


TIIIRT*!  YEARS'  VIEW. 


b;i  m 


Mr.  Willium  Pinkney,  tho  eminent  orator  and 
jurist,  was  ih.  titu'ed  in  the  last  j'ear  of  Mr. 
M'ulison's  admini!  tration,  exclusively  charged, 
at  th.-vt  court,  with  soliciting  indemnity  for  the 
Murat  epoliations.  A  Bourbon  wa.s  then  upon 
the  throne,  and  this  'legitimate,'  considering 
Murat  as  an  usurper  who  had  taken  the  king- 
dom from  its  proper  owners,  and  done  more 
harm  to  them  than  to  any  body  else,  wiis  natu- 
ralij  averse  to  making  compensation  to  other 
nations  for  his  injurious  acts.  This  repugnance 
had  found  an  excuse  in  the  fact  that  France,  tho 
groat  original  wrongdoer  in  all  these  spoliations, 
and  under  whose  lead  and  protection  they  were 
all  committed,  had  not  yet  been  brought  to  ac- 
knowledge the  wrong  and  to  make  satisfaction. 
The  indemnity  treaty  with  France,  in  July  1831, 
put  an  end  to  this  excuse ;  and  the  fact  of  the 
depredations  being  clear,  and  the  law  of  nations 
indisputably  in  our  favor,  a  further  and  more 
earnest  appeal  was  made  to  the  Neapolitan  gov- 
ernment. Mr.  John  Nelson,  of  Maryland,  was 
appointed  United  States  Charg6  to  Naples,  and 
concluded  a  convention  for  the  payment  of  the 
claims.  The  sum  of  two  millions  one  hundred 
and  fifteen  thousand  Neapolitan  ducats  was 
stipulated  to  be  paid  to  the  United  States  gov  • 
ernmcnt,  to  be  by  it  distributed  among  the  claim- 
ants ;  and,  being  entirely  satisfactory,  the  cor- 
vention  immediately  received  the  American 
r-itificniioci.  Thus,  another  head  of  injury  to 
our  citi/ens,  and  of  twenty  years'  standing,  w  a.-; 
Bcttled  by  General  Jackson,  and  in  a  case  in 
which  the  strongest  ;>ejudicc  and  the  most  re- 
volting repugnance  had  to  be  overcome.  Murat 
had  been  r.hot  by  order  of  the  Neapolitan  king, 
for  attempting  to  recover  the  kingdom  ;  he  was 
deemed  a  usurper  while  he  had  it ;  the  exiled 
royal  family  thought  themselves  sufficiently 
wronged  by  him  in  their  own  persons,  without 
being  made  responsible  for  his  wrongs  to  others ; 
and  although  bound  by  the  law  of  nations  to 
answer  for  his  conduct  while  king  in  point  of 
fact,  yet  for  almost  twenty  years — from  their  res- 
toration in  1814  to  1832 — they  had  resisted  and 
repulsed  the  incessant  and  just  demands  of  the 
United  States.  Considt-nng  the  sacrifice  of 
pride,  as  well  as  the  large  compensation,  which 
this  branch  of  the  Bourbons  had  to  make  in 
paying  a  bill  of  damages  against  an  intrusive  king 
of  the  Bomparte  dynasty,  and  this  indemnity 
obtained  from  Naples  in  the  third  year  of  General 


Jackson's  first  presidential  term,  which  luid  bc( 
refused  to  his  three  predecessors — Messrs.  Mad 
son,  Monroe  and  John  Quincy  Adams— may  1 
looked  upon  as  one  of  the  most  remarkable  « 
his  diplomatic  successes. 

Spanish    Indemnity    Treaty.— The   treal 
of  1819  with  Sj>ain,  i.y  which  we  gained  Floii( 
and  lost  Texas,  and  paid  five  millions  of  dolla 
to  our  own    citizens  for  Spanish   spoliation 
settled  up  all  demands  upon  that  power  up  ( 
that  time  ;  but  fresh  causes' of  complaint  soo 
grew  up.    All  the  Spanish-American  states  ha 
become  independent — had  established  their  ow 
forms  of  gcvernment — and  commenced  politic! 
and  commercial  conununications  witli  all  tli 
world.    Spanish  policy  revolted  at  tliis  i'sca|, 
of  colonies  from  its  hands ;  and  although  unubl 
to  subdue  the  new  governments,  was  able  to  n 
fuse  to  ackncwiedge  their  independence— all 
to  issue  pape  •  blockades,  and  to  seize  and  con 
fiscate  the  American  merchant  vessels  tradin 
to  the  new  states.    In  this  way  much  dainas; 
had  been  done  to  American  commerce,  even  ii 
the  brief  interval  between  the  dateof  tiie  treat 
of  1819  and  General  Jackson's  election  to  tli 
presidency,  ten  years  thereafter.    A  new  list  o 
claims  fcr  spoliations  had  grown  up ;  and  o;i| 
of  the  early  acts  of  the  new  President  was 
inttititute  a  mission  to  demand  indemnity. 
Cornelius    Van  Ness,  of  New-York,  was 
r  iiiiisfcr  appointed ;  and  having  been  refuj^cd 
lis  first  application,  and  given  an  account  of  ll 
refusal  to  his  government,  President  Jack 
dispatched  a  special  messenger  to  the  Ainericj 
miuister  at  JTadrid,  with    instructions,  "  oik 
•nore  "  to  bring  the  subject  to  the  considerat 
of  the  Spanish  government ;  informin.T  Congro: 
at  the  same  time,  tiiat  he  had  made  his  last  d( 
mand  ;  and  that,  if  justice  was  r.ot  done,  1 
would  bring  the  case  l)cfore  that  body,  "as  tli 
constitutional  judge  of  what  was  proper  to  t 
done  when  negotiation  fails  to  obtain  redress  fi 
wrongs."    But  it  was  not  found  necessary 
bring  the  case  before  Congress.    On  a  clos 
examination  of  the  claims  presented  and  for  t 
enforcement  of  which  the  power  of  the  jrover 
ment  had  been  invoked,  it  was  found  that  tli 
had  occurred  in  this  case  what  often  takes  phi 
in  reclamation  upon  foreign  jiowers ;  that  claii 
were  ,,reft'rred  which  were  not  founded  in  jiistii 
and  which  were  not  entitled   to  the  nation 
interference.    Faithful  to  his  principle  to 


Ml 

th 


ANNO  1830.    ANDREW  JACKSON,  PRESIDENT. 


60,5 


.Bidcutial  term,  which  luvl  been 
epic(kcessors-Mes8is.Ma(h- 
JohnQuincyA.lams-.miy  be 
„e  of  the  roost  remarkable  of 

icccsses. 

,„^,TV    TRKATY.-The   trcUy 
lin  i,Ywhicliwegaine.nion.b 
and  paid  five  millions  of  (loUurs 
•izens  for  Spanish   Bpohalions, 
[emands  upon  that  power  up  to 
fresh  causes' of  complaint  soon 
he  Spanish-American  states  had 
ident-had  established  thc-ir  own 
,ament-and  commenced  political 
a  communications  with  all  the 
;h  policy  revolted  at  this  escape 
nits  hands;  and  althou-hmiablo 
nevvgoveniments,wasabletorc- 

■viedge  their  indepcndeuco-ablc 
'blockades,  and  to  seize  and  con- 
^erican  merchant  vessel,  trading 
ates     In  this  way  much  damage 
,c  to  American  commerce,  even  in 
rvalbetsveen  the  date  of  the  treaty 
General  Jackson's  election  to  the 
en  years  thereafter.    Anewl.st.a 
boliations  had  grown  up ;  ami  o;,e 
\cts  of  the  new  President  wa.  to 
mission  to  demand  indemnity.    Mr. 

'an  Ness,  of  New-York,  was  the 

pointed;  and  having  been  refused  m 

.cation,  and  given  an  ax^comUo  the 

,i,  government.  President  Jaclcson 

special  messenger  to  the  Amenan 

iadrid,with    instructions  "once 

Hn.  the  subject  to  the  consulcrat.on 

L  government  ;infonnin..  Congress 

tint.,  that  he  had  made  his  last  de- 

thx    V  jnstice  was  not  done,  he 
,  the  ^asehefore  that  body,'- as  tc 

Ll  indge  of  what  was  proF>'  t"  ^ 
\e;otiation  fails  to  obtain  redress  for 

lint  it  was  not  found  necessary  to 

.a.e  before  Congress     on  a  closer 

of  the  claims  presented  and  for  the 

of  which  the  power  of  the  ^ovem- 
,:;;voked,itwaslonndtl.aj^ 
td  in  this  case  what  often  take,  d^o 

ion  uponforeign  lowers-,  that clann, 
LdwLh  were  not  founded  m  justice 
Ce  not  entitled  to  the  nat.0. 
Faithful  tohisprmciplctoask 


nothin' ;  bnt  what  wa.s  right,  General  Jackson 
ordered  these  unfound3d  claims  to  be  dropped,  and 
the  just  claims  only  to  be  insisted  upon ;  and  in 
connnunicating  this  fact  fo  Congress,  he  declared 
his  policy  characteristioaily  with  regard  to  for- 
eign nations,  and  in  terras  which  deserve  to  be 
remembered.    lie  said :  "  Faithful  to  the  princi- 
ple of  asking  nothing  but  what  was  clearly  right, 
additional  instructions  have  been  sent  to  modify 
our  demands,  so  as  to  embrace  those  only  on 
which,  uncording  to  the  laws  of  nations,  wo  had 
a  strict  right  to  insist  upon."    Under  these  mo- 
dified instructions  a  treaty  of  indemnity  was 
conclude.!  (FebrJiary,  1834),  and   the  simi  oC 
twelve  millions  of  reals  vellon  stipulated  to  be 
paid  to  the  government  of  the  United  States,  for 
distribution  among  the  claimants.  Thus,  another 
instance  of  spoliation  upon  our  foreign  com- 
merce, and  the  last  that  remained  unredressed, 
wa.'  closed  up  and  satisfied  imder  the  adminis- 
tration of  General  Jackson ;  and  this  last  of  the 
revolutionary  men  had  the  gratification  to  re- 
store unmixed  cordial  intercourse  with  a  power 
which  had  been  our  ally  in  the  war  of  the  R.;>  3- 
liition ;  which  had  ceded  to  us  the  Floridas,  to 
round  off  with  a  natural  boundary  our  Southern 
territory  ;  which  was  our  neighbor,  contermin- 
ous in  dominions,  from  the  Atlantic  to  the  Paci- 
fic ;  and  which,  notwithstanding  the  jars  and 
collisions  to  which  bordering  nations  are  always 
SLoji-ct,  had  never  committed  an  act  of  hostility 
upon  the  United  States.    The  conclusion  of  tliis 
affair  was  grateful  to  all  the  rememberers  of  our 
revolutionary  history,  and  equally  honorable  to 
iMh  parties :  to  General  Jackson,  who  i  erounced 
unt'ounded  claius,  and  to  the  Spanish  govem- 
pient,  which  paid  the  good  as  soon  as  separated 
from  the  bad. 

0.  RissiAN  Commercial  Tkkatv. — Our  re- 
lations with  Russia  had  been  peculiar — politi- 
cally, always  friendly;  connnercially,  always 
liberal — yet,  no  treaty  of  amity,  commerce,  and 
Divijation,  to  assure  these  advantages  and  guar- 
anti  >  their  continuance.  The  United  States  had 
oi'teii  sought  sucji  a  treaty.  Many  siwcial  mis- 
sions, and  of  the  most  eminent  citizens,  and  at 
vaiious  times,  and  under  difl'erent  administra- 
tions, and  under  the  Congirss  of  the  confed  .'ra- 
tion before  there  was  any  administration,  had 
'wn  instituted  for  tiiat  purpose — that  of  Mr. 
Francis  Dana  of  Massachusetts  (under  whonk 
Hie  young  John  Qiiincy  Adams,  at  the  ago  of 


sixteen,  served  his  diplomatic  appronticeslup  as 
private  secreta'-y),  in  1784,  under  the  old  Con- 
gress ;  that  of  M. .  Rufu  i  K ing,  under  the  first  Mr. 
Adams;  that  of  Mr.  J  oh  a  Quincy  Adams,  Mr. 
Albert  Gallat'n,  Mr.  James  A.  Bayard,  and  Mr. 
William  Pinkne; ,  under  Mr.  Monroe ;  that  of 
Mr.   George  Washington  Campbell,  and   Mr. 
Henry  Middleton,  urdjr  Mr.  Monroe  (the  latter 
continued  under  Mr.  John  Quincy  Adams) ;  and 
all  in  vain,    ^or  some  cause,  never  publicly  cx- 
plained,  the  guaranty  of  a  treaty  had  been  con- 
stantly declined,  while  the  actual  advantages  of 
the  most  favorable  one  had  been  constantly 
extended  to  us.    A  convention  with  us  for  the 
definition  of  boundaries  on  the  northwest  coast 
of  America,  and  to  stipulate  for  mutual  freedom 
of  fishing  and  navigation  in  the  North  Pacific 
Ocean,  had  been  readily  agreed  upon  by  the  Em- 
peror Alexander,  and  wisely,  as  by  separating 
his  claims,  he  avoided  such  controversies  as  af- 
terwards grew  up  between  the  United  States  and 
Great  Britain,  on  account  of  their  joint  occupa- 
tion ;  but  no  commercial  treaty.     Every  thing 
else  was  all  that  our  interest  could  ask,  or  her 
friendship  extend.     Reciprocity  of  diplomatic 
intereourse  was  fully  established ;  ministers  regu- 
larly appointed  to  reside  with  us — and  those  of 
my  time  (I  speak  only  of  those  who  came  within 
my  Thirty  Years'  View),  the  Chevalier  de  Poli- 
tico, the  Barcn  Thuyl,  the  Baron  Krudener,  and 
especially  the  one  that  has  remained  longest 
among  us,  and  has  married  an  American  lady,  M. 
Alexandre  de  Bodisco — all  of  a  peisonal  character 
and  deportment  to  be  most  agreeable  to  our  go- 
vernment and  citizens,  well  fitted  to  represent 
the  feelings  of  the  most  friendly  sovereigns,  and 
to  promote  and  wiaintiiin  the  most  courteous  and 
amicable  intercourse  between  the  two  countries. 
The  Emperor  Alexander  hud  signally  displayed 
his  good  will  in  offering  his  mediation  to  termi- 
nate the  war  with  Great  Britain;  and  still  fur- 
ther, in  consenting  to  become  arbitrator  be- 
tween the  United  Stales  and  Great  Britai.;  in 
settling  their  difference  in  the  construction  of 
the  Ghent  treaty,  in  the  article  relating  to  fugi- 
tive and  deported  slaves.    We  enjoyed  in  Rus- 
sian ports  nil  the  commercial  piivileges  of  the 
most  favored  nation;  but  it  was  by  an  uiill.\ed 
tenure— at  the  will  of  the  reigning  sovereign; 
and  the  interests  of  commerce  required  a  nioro 
strible  guaranty.   Still,  up  to  the  commencement 
of  General  Jackson's  administration,  there  was 


606 


THIRTY  YEARS'  VIEW. 


■f  "•; 


no  American  treaty  of  amity,  commerce,  and 
navigation  witli  that  great  power.  The  atten- 
tion of  President  Jackson  was  early  directed  to 
this  anomalous  point ;  and  Mr.  John  Randolph 
of  Roanoke,  then  retired  from  Congress,  was 
induced,  by  the  carm  rsuasions  of  the  Pre- 
sident, and  his  Secretary  of  State,  Mr.  Van  Buren, 
to  accept  the  place  of  envoy  extraordinary  and 
minister  plenipotentiary  to  the  Court  of  St. 
Petersburg — to  renew  the  applications  for  the 
treaty  which  had  so  long  been  made  in  vain. 
Repairing  to  that  post,  Mr.  Randolph  found  that 
the  rigoi-s  of  a  Russian  climate  were  too  severe 
for  the  texture  of  his  fragile  constitution  ;  and 
was  soon  recalled  at  his  own  request.  Mr. 
James  Buchanan,  of  Pennsylvania,  was  then  ap- 
pointed in  his  place ;  and  by  him  the  long-de- 
sired treaty  was  concluded,  December,  1832 — 
the  Count  Nesselrode  the  Russian  negotiator, 
and  the  Emperor  Nicholas  the  reigning  sover- 
eign. It  was  a  treaty  of  great  moment  to  the 
United  States ;  for,  although  it  added  nothing 
to  the  commercial  privileges  actually  enjoyed, 
yet  it  gave  stability  to  their  enjoyment ;  and  so 
imparted  confidence  to  the  enterprise  of  mer- 
chants. It  was  limited  to  seven  years'  duration, 
but  with  a  clause  of  indefinite  continuance,  sub- 
ject to  termination  upon  one  year's  notice  from 
either  party.  Near  twenty  years  have  elapsed : 
no  notice  for  its  termination  has  ever  been  given ; 
and  the  commerce  between  the  two  countries 
feels  all  the  advantages  resulting  from  stability 
and  national  guaranties.  And  thus  was  obtain- 
ed, in  the  first  term  of  General  Jackson's  ad- 
ministration, an  important  treaty  with  a  great 
power,  which  all  previous  administrations  and 
the  CongK  rfs  of  the  Confederation  had  been  un- 
able to  obtain. 

7.  Portuguese  Indemnity.  —  During  the 
years  1829  and  '30,  during  the  blockade  of 
Terceini,  several  illegal  seizures  were  made  of 
American  vessels,  by  Portuguese  men-of-war, 
for  alleged  violations  of  the  blockade.  The 
Uniteri  Stages  charge  iVaffairs  at  Lisbon, 
Mr.  Thomas  L.  Bivnt,  was  charged  with  the 
necessary  reclamations,  and  had  no  difficulty  in 
coming  to  an  amicable  a(^astment.  Indemnity 
in  the  four  cases  of  seizure  was  agreed  upon  in 
March,  1832,  and  payment  in  instalments  stipu- 
lated to  be  made.  Tiiere  was  default  in  all  the 
instalments  after  the  first — not  from  bad  faith, 
but  from  total  inability — although  the  instal- 


ments were,  in  a  national  point  of  view,  of  s 
amount.  It  deserves  to  be  recorded,  as  an 
stance  of  the  want  to  which  a  kingdom,  w 
very  name  had  been  once  the  synonym  oi 
regions  and  diamond  mines,  may  be  rcducec 
wretched  government,  that  in  one  of  the  ii 
views  of  the  American  charge  (then  Mr, 
ward  Kavanagh),  with  the  Portuguese  Min 
of  Finance,  the  minister  told  him  "  that  no 
sons  in  the  employment  of  the  government 
cept  the  military,  had  been  paid  any  par 
their  salaries  for  a  long  time ;  and  that,  on 
day,  there  was  not  one  hundred  dollars  in 
treasury."  In  this  total  inability  to  pay, 
with  the  fact  of  having  settlei  fairly,  fur 
time  was  given  until  the  first  day  of  J 
1837 ;  when  full  and  final  payment  was  mad 
the  satisfaction  of  the  claimants. 

Indemnity  was  made  to  the  claimants  bi 
lowing  intnrcst  on  the  delayed  payments, 
an  advantage  was  granted  to  an  article  (if  A 
rican  commerce  by  admitting  rice  of  the  Un 
States  in  Portuguese  ports  at  a  reduced  di 
The  whole  amount  paid  was  about  ^140.1 
which  included  damages  to  some  other  vest 
and  compensation  to  the  peamen  of  the  ( 
tured  vessels  for  imprisonment   and  loss 
clothes — the  ^nm  of  about  $!l,G0O  for  these 
ter  items — .<c    carefully  and  minutely  were 
rights  of  American  citizens  guarded  in  Jack 
time.     Some  other  claims  on  Portugal 
sidered  as  doubtful,  among  them  the  case 
brave  Captain  Reid,  of  the  privateer  Ge 
Armstrong,  were  left  open  for  future  pros 
tion,  without  prejudice  from  being  oniitte 
the  settlement  of  the  Terceira  claims, 
were  a  separate  class. 

8.  Treaty  with  the  Ottoman  Emi'ir 
At  the  commencement  of  the  annual  se;>»io 
Congress  of  1830-'31.  President  Jackson 
the  gratification  to  lay  before  the  Senate  a  tr 
of  friendship  and  commerce  betwcon  tlic  U 
States  and  the  Turkish  emperor — tiie 
Mahmoud.  noted  for  his  liberal  foreign  viewi 
domestic  reforms,  his  protection  of  Cliris 
and  his  energetic  suppression  of  the  jani^'S 
—those  formidable   barbarian   coliorts 
than  praetorian,  which  had  so  lonp;  doinii 
the  Turkish  throne.    It  was  the  first  Amc 
treaty  made  with  that  power,  and  so  dec 
in  the  preamble  (and  in  terms  which  imp! 
personal  compliment  from  the  Porte  iu 


of 


ANNO  1836.    ANDREW  JACKSON,  PRESIDENT. 


607 


a  national  point  Of  view,  of  small 
.serves  to  be  recorded,  as  an  in- 
fant to  which  a  kingdom,  whose 
^  been  once  the  synonym  01  gol.l 

amond  mines,  may  be  reduced  by 
,mment,thatinoneofthemtor- 

American  charge  (tl»«^'  J  ^-.E'l- 
rh)  with  the  Portuguese  Minister 
;  minister  told  him  nhat  no  per- 
aployment  of  the  government,  ex- 

itary  had  been  paid  any  part  of 
for  a  long  time;  and  that, on  that 
as  not  one  hundred  dollars  in  the 
In  this  total  inability  to  pay,  and 
■t  of  having  settlei  fairly,  father 
Iven  until  the  first  day  of  July, 
full  and  final  payment  wasmaue, to 

;ion  of  the  claimants. 

V  was  made  to  the  claimants  by  al- 

Lst  on  the  delayed  payments  and 
.;  was  granted  to  an  article  of  Atno- 
:erce  by  admitting  rice  ol  the  Uited 
Portuguese  ports  at  a  reduced  duty. 
:moS  paid  was  about  $140m 

iuded  damages  to  some  other  vo.ds, 
nsation  to  the  .eamen  of  t he  cav- 

sels  for  imprisonment  and  loss  o 
he. urn  of  about  «1,COO  for  these  lat- 
_so  carefully  and  minutely  wore  the 
anerican citizens  guarded inJackson. 

^e  other  claims  on  Portugal,  con- 
doubtful,  among  them  the  case  of  tie 

lin  Reid,  of  the  privateer  General 

t  were  left  open  for  future  prosec. 

out  prejudice  from  being  onatte   . 

Iment  of  the  Terceira  claims,  .Inch 

larate  class. 

Iv  WITH  THE  Ottoman  Emviri.- 
tmencement  of  the  annual  S.W 

of  1830-'31.  President  Jackson  lud 
4ion  to  lay  before  the  Sena^a^v^ty 

MP  and  commerce  between  the  I 

'  d  the  Turkish  cmperor-thc  ail  a.. 
not^dforhis liberal  foreign  views  h. 

^^^s,  his  protection  of  Clirist^i.. 
Jcr<^ticWpre^sionoftliejan.»..n 

compliment  from  the  foiv 


now  what  it  had  alwaj-s  refused  to  do  before), 
and  was  eminently  desirable  to  us  for  commer- 
cial, political  and  social  reasoi.s.    The  Turkish 
dominions  include  what  was  once  nearly  the 
one  half  of  the  Roman  world,  and  countries 
which  had  celebrity  before  Rome  was  founded. 
Sacred  and  profane  history  had  given  these  do- 
minions a  venerable  interest  in  our  eyes.    They 
covered  the  seat  which  was  the  birth-place  of 
the  human  race,  the  cradle  of  the  Christian  re- 
ligion ;  the  early  theatre  of  the  aits  and  sciences ; 
and  contained  the  city  which  was  founded  by  the 
first  Roman  Christian  emperor.  Under  good  gov- 
ernment it  had  always  been  the  seat  of  rich  com- 
merce and  of  great  wealth.     Under  every  aspect 
it  was  desirable  to  the  United  States  to  have  its 
social,  political  and  commercial  intercourse  with 
these  dominions  placed  on  a  safe  and  stable  foot- 
ing uuder  the  guaranty  of  treaty  stipulations ;  and 
this  object  was  now  accomplished.    These  were 
the  general  considerations ;  particular  and  recent 
circums'auces  gave  them  additional  weight. 

Exclusion  of  our  commerce  from  the  Elack 
Sea,  and  the  advantages  which   some  nations 
had  lately  gained  by  the  treaty  of  Adriano- 
ple, called  for  renewed  exertions  on  our  part; 
and  they   were    made    by  General  Jackson. 
A  commissioner  was  appointed  (Mr.  Charles 
Rhind)  to  open  negotiations  with  the  Si'blime 
Porte ;  and  with  him  were  associated  the  United 
States  naval  commander  in  the  Mediterranean 
(Commodore  Riddle),  and  the  United  States 
consul  at  Smyrna  (Mr.  David  Offley).     Mr. 
Rhind  completed  the  negotiation,  though  the 
other  gentlemen  joined  in  the  signature  of  the 
treaty.    By  the  provisions  of  this  treaty,  our 
trade  with  the  Turkish  dominions  was  placed 
on  the  footing  of  the  most  fivvorcd  nation ;  and 
being  without  limitation  as  to  time,  may  be 
considered  as  perpetual,  subject  only  to  be  ab- 
rogated by  war, in  itself  improbable,  or  by  other 
events  not  to  be  expected.    The  right  of  passing 
tlie  Dardanelles  and  of  navigating  the  Black  Sea 
was  secured  to  our  merchant  ships,  in  ballast  or 
with  cargo,  and  to  carry  the  products  of  the 
United  States  and  of  the  Ottoman  empire,  ex- 
cept the  prohibited  articles.    The  flag  of  the 
United  States  was  to  be  respected.     Factors,  or 
commercial  brokers,  of  any  religion  were  allowed 
to  he  employed  by  our  merchants.     Consuls 
Trere  placed  on  a  footing  of  security,  and  tra- 
Telling  with  passports  was  protected.     Fairness 


and  justice  in  suits  and  litigations  were  provided 
for.     In  questions  between  a  citizen  of  the 
United  States  and  a  subject  of  the  Sublime 
Porte,  the  parties  were  not  to  be  heard,  nor 
judgment  pronounced,  unless  the  American  in- 
terpreter (dragoman)  was  present.    In  questions 
between  American  citizens  the  trial  was  to  be 
before  the  United  States  minister  or  consul. 
"  Even  when  they  (the  American  citizens,  so  runs 
the  fourth  article),  shall  have  committed  some 
offence,  they  shall  not  be  arrested  and  put  in 
prison  by  the  local  authorities,  but  shall  be 
tried  by  the  minister  or  consul,  and  punished 
according  to  the  offence."    By  this  treaty  all 
that  was  granted  to  other  nations  by  the  treaty 
of  Adrianople  is  also  granted  to  the  United 
States,  with  the  additional  stipulation,  to  be  al- 
ways placed  on  the  footing  of  the  most  favored 
nation — a  stipulation  wholly  independent  of  the 
treaty  exacted  by  Russia  at  Adrianople  as  the 
fruit  of  victories,  and  of  itself  equivalent  to  a 
full  and  liberal  treaty ;  and  the  whole  guaran- 
teed by  a  particular  treaty  with  ourhelves,  which 
miikes  us  independent  of  the  general  treaty  of 
Adrianople.    A  spirit  of  justice,  liberality  and 
kindness  runs  through  it.    Assistance  and  pro- 
lection  is  to  be  given  throughout  the  Turkish 
dominions  to  American  wrecked  vessels  and 
their  crews  ;  and  all  property  recovered  from  a 
wreck  is  to  be  deliA'ered  up  to  the  American 
consul  of  the  nearest  port,  for  the  benefit  of  the 
owners.    Ships  of  war  of  the  two  countries  arc 
to   exhibit   towards  each   other  friendly  and 
courteous  conduct,  and  Turkish  ships  of  war  are 
to  treat  American  merchant  vessels  with  kind- 
ness and  respect.    This  treaty  has  now  been  in 
force  near  twenty  years,  observed  with  perfect 
good  faith  by  each,  and  attended  by  al)  the  good 
consequences  expected  from  it.    The  valuable 
commerce  of  the  Black  Sea,  and  of  all  the  Tuik- 
ish  ports  of  Asia  Minor,  Europe  and  Africa 
(once  the  finest  part  of  the  Roman  world), 
travelling,  residence,  and  the  pursuit  of  business 
throughout  the  Turkish  dominions,  are  made  as 
safe  to  our  citizens  as  in  any  of  the  European 
countries  ;  and  thus  the  United  States,  though 
amongst  the  youngest  in  the  family  of  nations, 
besides  securing  particular  advantages  to  her 
own  citizens,  has  done  her  part  in  bringing 
those  ancient  countries  into  the  system  of  mod- 
ern Eurojican  commercial  policj',  and  in  har- 
monizing |)cople  long  estranged  from  each  other. 


608 


THIRTY  YEARS'  VIEW, 


M 


1 


9.  Renewai,  of  the  treaty  with  Moroc- 
co.— A  treaty  had  been  made  with  this  power 
in  the  time  of  the  old  Congress  under  the  Con- 
federation ;  and  it  is  honorable  to  Morocco  to 
sec  in  that  treaty,  at  the  time  when  all  other 
powers  on  the  Barbary  coast  deemed  the  pro- 
perty of  a  Christian,  lawful  prey,  and  his  person 
a  proper  subject  for  captivity,  entering  into  such 
stipulations  as  these  following,  with  a  nation  so 
young  as  the  United  States :  '•  Neither  party  to 
take  connuissions  from  an  enemy  ;  persons  and 
property  captured  in  an  enemy's  vessel  to  be 
released ;  American  citizens  and  effects  to  be 
restored ;  stranded  vessels  to  be  protected ;  ves- 
sels engaged  in  gunshot  of  forts  to  be  protected ; 
enemies'  vessels  not  allowed  to  follow  out  of 
port  for  twenty-four  hours ;  American  commerce 
to  be  on  the  most  favored  footing ;  exchange  of 
prisoners  in  time  of  war;  no  compulsion  in  buy- 
ing or  selling  goods  ;  no  examination  of  goods 
on  board,  except  contraband  was  proved ;  no 
detention  of  vessels  ;  disputes  between  Ameri- 
cans to  be  settled  by  their  consuls,  and  the  con- 
sul assisted  when  necessary ;  killing  punished 
by  the  law  of  the  country ;  the  effects  of  per- 
sons dying  intestate  to  be  taken  cun  of,  and  de- 
livered to  the  consul,  and,  if  no  consul,  to  be 
deposited  with  some  person  of  trust ;  no  appeal 
to  arms  unless  refusal  of  friendly  arrangements ; 
in  case  of  war,  nine  months  to  be  allowed  to 
citizens  of  each  power  residing  in  the  dominions 
of  the  other  to  settle  their  affairs  and  remove." 
This  treaty,  made  in  1787,  was  the  work  of 
Benjamin  Frankiii?  (though  absent  at  the  sig- 
nature), John  Adanr.s,  at  London,  and  Thomas 
Jefferson,  at  Paria,  acting  through  the  agent, 
Thomas  Barclay,  at  Fez ;  and  was  written  with 
a  plainness,  simplicity  and  beauty,  which  I  have 
not  seen  equalled  in  any  treaty,  between  any 
nations,  before  or  since.  It  was  extended  to 
fifty  years,  and  renewed  by  General  Jackson,  in 
the  last  year  of  his  administration,  for  fifty 
years  more ;  and  afterwards  until  twelve  months' 
notice  of  a  desire  to  abridge  it  should  be  given 
by  one  of  the  parties.  The  resident  American 
consul  at  Tangier,  Mr.  James  R.  Leib,  negotia- 
ted the  renewal ;  and  all  the  parties  concerned 
had  the  good  taste  to  preserve  the  style  and 
language  of  the  original  througiiout.  It  will 
stand,  both  for  the  matter  and  the  style,  a  monu- 
ment to  the  honor  of  our  early  statesmen. 


10.  Treaty  of  amity  and  comiMeuce  v 
SiAM. — This  was  concluded  in  March,  1833 
Edmund  Roberts  the  negotiator  on  the  pui 
the  United  States,  and  contained  the  provis 
in  behalf  of  American  citizens  and  comm 
which  had  been  agreed  upon  in  the  treaty  i 
the  Sublime  Porte,  which  was  itself  princij 
framed  upon  that  with  Morocco  in  1787 ; 
which  may  well  become  the  model  of  all 
may  be  made,  in  all  time  to  come,  with  all 
Oriental  nations. 

11.  The  same  with  the  Sultan  of  J 

CAT. 

Such  were  the  fruits  of  the  foreign  diplc 
cy  of  President  Ja^^kson.    There  were  o 
treaties  negotiated  under  his  administratic 
with  Austria,  Mexico,  Chili,  Peru,  Bolivia,  ^ 
ezucla — but  being  in  the  ordinary  courst 
foreign  intercourse,   do  not  come  witliiii 
scope  of  this  View,  which  confines  itself 
notice  of  such  treaties  as  were  new  or  difli 
— which  were  unattainable  by  previous  admi 
trations ;  and  those  which  brought  indem 
to  our  citizens  for  spoliations  committed  ii 
them  in  the  time  of  General  Jackson's  pr 
cessors.    In  this  point  of  view,  the  list  of  t 
ties  presented,  is  grand  and  impressive; 
bare  recital  of  which,  in  the  most  subdued 
guage  of  historical  narrutivje,  places  the  for 
diplomacy  of  General  Jackson  on  a  luvil 
the  most  splendid  which  the  histojy  of  an 
tion  has  presented.    First,  the  direct  trade 
the  British  West  Indies,  which  had  balll 
skill  and  power  of  all  administration; 
Washington  to  John  Quincy  Adams  incl 
recovered,  established,  and  placed  on  a  jjt 
nent  and  satisfactory  footing.    Then  indcini 
from  Frnnce,  Spain,  Denmark,  Naples.  For 
for  injuncs  committed  on  our  commerce  in 
time  of  the  great  Napoleon.    Then  origina 
tics  of  commerce  and  friendship  with  givat  pi 
from  which  they  never  could  be  obtained  b 
— Russia,  Austria,  the  Sublime  Porte, 
leaving  his  country  at  peace  with  all  tie  w 
after  going  through  an  administration  of 
years  which  brought  him,  as  a  legacy  froi 
predecessors,  the  accumulated  qucstion.s  of 
an  age  to  settle  with  the  great  powers, 
the  eulogy  of  facts,  worth  enough,  in  the 
est   language,   to  dispense  with  culogiui 

WORDS. 


ed 


T 


i  Hi 


ANNO  1836.     ANDREW  JACKSON,  Plir.SIDENT. 


609 


F  AMITY  AND   COMMERCE    NVITH 

,  concluded  in  March  1833,  Mr 
a  tlic  negotiator  on  the  part  of 
ES  and  contained  the  provisions 
ne'rican  citizens  and  comnnvce 
,  agreed  upon  in  the  treaty  vs'U. 

n-te,  which  was  itself  pmcnmlly 
hat  with  Morocco  in  1.8.  ;  and 
rb^con^e  the  model  of  all  that 
in  all  time  to  come,  With  all  the 

Ime  with  the  Sultan  of  Mis- 

thc  fruits  of  the  foreign  diploma- 
lent  Ja.=Vson.  There  were  other 
tiated  under  his  admnustrat.on- 
,  Mexico,  Chili,  Peru,  B.«h^■.a,^cn- 

bcing  in  the  ordinary  course  of 
.'  urse,   do  not  come  witlun    .e 
IsVicw   which  confines  Itself  to  a 
hiraUesaswereneword^ 
re  unattainable  by  prcv-iousadium.. 
d  those  which  brought  inaeu.mU 
ens  for  si-liations  committed  upon 
rtime  of  General  Jackson's  prcd. 
10  time  o  ^^  Y\ii  of  trw- 

fo '>^^iVn  the  most  suUUiea  1... 
stov^aln:r^ativ.^  places  the  for.,, 
Tceneral  Jackson  on  a  lev.. 

■Indid  which  the  history  of  mi)  n  ■ 
'^       7  ^      First  the  direct  trade  wilh 
,rcsented.    J  "''\  •  ^  had  ballled  Ik 
h  West  Indies,  ^^  lucn  ""^^ 
p„vv»r  of  all  ..l,»Wstr.t»uMr.. 

r;o,»m-.;tcaon.urcom»««,,   J. 
^f  vArTS  worth  enough,  mw^  1 


CHAPTER    CXXXV. 

8LAVEEY  AGITATION. 

It  is  painful  to  see  the  uncca.sing  efforts  to 
alarm  the  South  by  imputations  against  the 
Sorth  of  unconstitutional  designs  on  the  subject 
of  slavery.    You  are  right,  I  have  no  doubt,  in 
believing  that  no  such  intermeddling  disposition 
exists  in  the  body  of  our  Northern  brethren. 
Their  good  faith  is  sufficiently  guaranteed  by 
the  interest  they  have  as  merchants,  as  ship 
jwners,  and  as  manufacturers,  in  preserving  a 
Union  with  the  slaveholding  States,    On  the 
)ther  hand  what  madness  in  the  South  to  look 
for  greater  safety  in  disunion.      It  would  be 
worse  than  jumping  into  the  fire  for  fear  of  the 
frying  pan.    The  danger  from  the  alarms  is,  that 
the  pride  and  resentment  exerted  by  them  may 
b<;  an  overmatch  for  the  dictates  of  prudence  ; 
anil  favor  the  project  of  a  Southern  convention, 
insidiously  revived,  as  promising  by  its  councils, 
ihc  best  securities  against  grievances  of  every  sort 
from  the  North." — So  wrote  Mr.  Madison  to  Mr. 
Clay,  in  June  1833.     It  is  a  writing  every  word 
of  which  is  matter  for  grave  reflection,  and  the 
date  at  the  head  of  all.    It  is  dated  just  three 
months  after  the  tariff  "  compromise  "  of  1833, 
wliich,  in  arranging  the  tariff  question  for  nine 
voars,  was  supposed  to  have  quieted  the  South 
-put  an  end  to  agitation,  and  to  the  idea  of  a 
Southern  convention — and  given  peace  and  har- 
mony to  the  whole  Union.    Not  so  the  fact — at 
least  not  so  the  fact  in  South  Carolina.    Agita- 
tion did  not  cease  there  on  one  point,  before  it 
began  on  another :  the  idea  of  a  Southern  con- 
Tcntion  for  one  cause,  was   hardly  abandoned 
Mdk  it  was  "  insidiously  revived  "  upon  another. 
I  use  tlic  language  of  Mr.  Madison  in  qualifying 
th's  revival  with  a  term  of  odious  import :  for 
no  man  was  a  better  master  of  our  language  than 
be  was— no  one  more  scrupulously  just  in  all 
bis  judgments  upon  men  and  things — and  no 
one  occupying  a  position  either  personallj',  po- 
litically, or  locally,  to  speak  more  advisedly  on 
tbe  subject  of  which  he  spoke.     He  was  pained 
to  sec  the  ctForts  to  alarm  the  South  on  the  sub- 
;ject  of  slavery,  and  the  revival  of  the  project  for 
Southern  convention  ;  and  he  feared  the  effect 
bich  these  alarms  should  have  on  the  pride  and 

Vol.  L— 39 


resentment  of  Southern  people.  Ilis  letter  wM 
not  to  a  neighbor,  or  to  a  citizen  in  private  life, 
but  to  a  public  man  on  the  theatre  of  national 
action,  and  one  who  had  acted  a  part  in  compos- 
ing national  difficulties.  It  was  evidently 
written  for  a  purpose.  It  was  in  answer  to  Mr. 
Clay's  expressed  belief,  that  no  design  hostile 
to  Southern  sl.avery  existed  in  the  body  of  the 
Northern  people — to  concur  with  him  in  that 
beUef^and  to  give  him  warning  that  the  danger 
was  in  another  quarter — in  the  South  itself:  and 
that  it  looked  to  a  dissolution  of  the  Union.  It 
was  to  warn  an  eminent  public  man  of  a  new 
source  of  national  danger,  more  alarming  than 
the  one  he  had  just  been  composing. 

About  the  same  time,  and  to  an  old  and  con- 
fidential friend  (Edward  Coles,  Esq.,  who  had 
been  his  private  secretary  when  President),  Mr. 
Madison  also  wrote  :  "  On  the  other  hand  what 
more  dangerous  than  nullification,  or  more  evi- 
dent than  the  progress  it  continues  to  make, 
either  in  its  original  shape  or  in  the  disguises  it 
assumes  ?    Nullification  has  the  effect  of  put- 
ting powder  under   the  constitution  and  the 
Union,  and  a  match  in  the  hand  of  every  party 
to  blow  them  up  at  pleasure.    And  for  its  pro- 
gress, hearken  to  the  tone  in  which  it  is  now 
preached:  cast  your  eyes  on  its  increasing  minor- 
ities in  the  most  of  the  Southern  States,  without 
a  decrease  in  any  of  them.     Look  at  Virginia 
herself,  and  read  in  the  gazettes,  and  in  the  pro- 
ceedings of  popular  meetings,  the  figure  which  the 
anarchical  principle  now  makes,  in  contrast  witli 
the  scouting  reception  given  to  it  but  a  short 
time  ago.    It  is  not  probable  that  this  oflspring 
of  tiie  discontents  of  South  Carolina  will  ever 
approach  success  in  a  majority  oi'  the  States:, 
but  a  susceptibility  of  the  contagion  in  the 
Southern  States  is  visible :  and  the  danger  not 
to  be  concealed,  that  the  sympathj''  arising  from 
known  causes,  and  the  inculcated  impression  of 
a  permanent  incompatibility  of  interests  between 
the  South  and  the  North,  may  put  it  in  the  power 
of  popular  leaders,  aspiring  to  the  highest  s-ta- 
tions,  to  unite  the  South  on  some  critical  occa- 
sion, in  a  course  that  will  end  in  creating  a  new 
theatre  of  great  though  inferior  inteiest.    In 
pursuing  this  course,  the  first  and  most  obvious 
step  is  iiullification,  tlio  next  secession,  and  the 
last  ii  furewell  separation." 

In  this  view  of  the  dangers  of  nullification  in  its 
new  •'  disguise" — the  susceptibility  of  the  South  to. 


610 


THIRTY  YEARS'  VIKW, 


VJ 


•P   i 

m 


its  contagious  influence — its  fatal  action  upon  an 
"inculcated  incompatibility  of  interests"  between 
the  North  and  the  South — its  increase  in  the 
slave  States  —  its  progress,  first  to  secession, 
and  then  to  "  farewell  separation  : "  in  this  view 
of  the  old  danger  under  its  new  disguise,  Mr. 
Madison,  then  eighty-four  years  old,  writes 
with  the  v.isdom  of  age,  the  foresight  of  experi- 
ence, the  spirit  of  patriotism,  and  the  "  pain  " 
of  heart  which  a  contemplation  of  the  division 
of  those  States  excited  which  it  had  been  the 
pride,  the  glory,  and  the  labor  of  his  lift  to 
unite.  The  slavery  turn  which  was  given  to 
the  Southern  agitation  was  the  aspect  of  the 
danger  wliich  filled  his  mind  with  sorrow  and 
misgiving : — and  not  without  reason.  A  pajMjr 
published  in  Washington  City,  and  in  the  in- 
terest of  Mr.  Calhoun,  was  incessant  in  propa- 
gating the  slavery  alarm — in  denouncing  the 
North — in  exhorting  the  Southern  States  to 
unity  of  feeling  and  concert  of  action  as  the 
only  means  of  saving  their  domestic  institutions. 
The  language  had  become  current  in  some  parts 
of  the  South,  that  it  \\  as  impossible  to  unite  the 
Southern  States  upon  the  tariff  question :  that 
the  sugar  interest  in  Louisiana  would  prevent 
her  from  joining:  that  it  was  a  mistake  to  have 
made  that  issue :  that  the  slavery  question  was 
the  right  one.  And  coincident  with  this  current 
language  were  many  publications,  urging  a 
Southern  convention,  and  concert  of  action. 
Passing  by  all  these,  which  might  be  deemed 
mere  newspaper  articles,  there  was  one  which 
bore  the  impress  of  thought  and  authenticity — 
which  assumed  the  convention  to  be  a  certainty, 
the  time  only  remaining  to  be  fixed,  and  the 
cause  for  it  to  be  in  full  operation  in  the  Nor- 
thern States.  It  was  published  in  the  Charles- 
ton Mercury  in  1835, — was  entitled  the  "Crisis" 
— and  had  the  formality  of  a  manifesto ;  and 
after  dilating  upon  the  aggressions  and  encroach- 
ments of  the  North,  proceeded  thus : 

'•The  proper  time  for  a  convention  of  the 
slaveholding  States  will  be  when  the  legislatures 
of  Pennsylvania,  Massachusetts  and  New-York 
shall  have  adjourned  without  passing  laws  for 
the  suppression  of  the  abolition  societies.  Should 
cither  of  these  States  pass  such  laws,  it  would 
be  well  to  wait  till  their  efflcary  should  be  test- 
ed. The  adjournment  of  the  legislatures  of  the 
Northern  States  without  adopting  any  measures 
effectually  to  put  down  Garrison,  Tappan  and 
their  af  sociates,  will  present  an  issue  which  must 
be  met  by  the  South,  or  it  will  be  vain  for  us  ever 


after  to  attempt  any  thing  further  than  for 
State  to  provide  for  her  own  safety  by  defe 
measures  of  her  own.  If  the  issue  presen, 
to  be  met,  it  can  only  be  done  by  a  conve 
of  tl>e  aggrieved  States ;  the  proceeding 
which,  to  be  of  any  value,  must  embody 
make  known  the  sentiments  of  the  whole  8i 
and  contain  the  distinct  annunciation  of 
fixed  and  unaltered  determination  to  obtaii 
redress  of  our  grievances,  be  the  conscqu( 
what  they  may.  We  must  have  it  ciearl; 
derstood  that,  in  framing  a  constitutioiml  I 
with  our  Northern  brethren,  the  slavelio 
States  consider  themselves  as  no  more  lial 
any  more  interference  with  their  domestic 
cerns  than  if  they  had  remained  entirely 
pendent  of  the  other  States,  and  that,  as 
mterference  would,  among  independent  nai 
be  a  just  cause  of  war,  so  among  menibc 
such  a  confederacy  as  ours,  it  must  place 
several  States  in  the  relation  towards  eatli  ( 
of  open  enemies.  To  sum  up  in  a  few  w 
the  whole  argTiment  on  this  subjwt,  we  v 
say  that  the  abolitionists  can  only  be  put  c 
by  legislation  in  the  St-itus  in  which  they  ( 
and  this  can  only  be  brought  about  by  tlic 
bodied  opinion  of  the  whole  South,  acting 
public  opinion  at  the  North,  which  can  on 
effected  through  the  instrumentality  of  a 
vention  of  the  slaveholding  States." 

It  is  impossible  to  read  this  paragrapli 
the  "  Crisis,"  without  seeing  that  it  is  idei 
with  Mr.  Calhoun's  report  and  spcecli  upo 
cendiary  publications  transmitted  thron;;! 
miil.    The  same  complaint  against  tlie  Xi 
the  same  exaction  of  the  suppression  of  i 
tion  societies  ;  the  same  penalty  for  omitti 
suppress  them ;  that  penalty  always  tlie  sa 
a  Southern  convention,  and  secession— am 
same  idea  of  the  contingent  foreign  reiatii 
each  other    of   the  respective  States, 
treated  as   a  confederacy,  under   a  con 
Upon  his  arrival  at  Washington  at  the  comn 
ment  of  the  session  1835 — '36,  all  his  co 
was  conformable  to  the  programme  lait 
in  the  "  Crisis,"  and  the  whole  of  it  calci 
to  produce  the  event  therein  hypothetical 
nounced  ;  and,  unfortunately,  a  double 
niovcnients  was  then  in  the  process  of 
carried  on  by  the  abolitionists,  which  fi 
his  purposes.     One  of  these  was  tiie  mail 
mission  into  the  slave  States  of  incemliar 
lications  ;  and  it  has  been  seen  in  wliat  n 
he  availed  himself  of  that  wickedness  to 
cate  upon  it  a  right  of  Southern  secessio 
other  was  the  annoyance  of  Congress 
profusion  of  petitions  for  the  aboUtionof  6 


ANNO  1830,    ANDREW  JACKSON,  PRESIDENT. 


611 


;':;'"  KctsSc/reBcn.d  is 

"j   c.o^R-  the   proceedings  of 

""^  ^^  !ll,;c   must  embody  and 
of  any  value,  mus^-  ^ 

he  ^^?^r^''fl^li^Z\on  of  our 

terc  i  o''^^'  ,      +ije  conscquencrs 

^^"^Ss^mveitckilyun- 

,       vv  e  m»- "       .u,itionul  uiuon 

rthern  brethren  ^.^^^^^  ^^^ 

ler  themseUcs  a>  no     ^^^^^^.^  ^^_^ 
ciierencc  w  tU  me>r  .^^^^^ 

■■^^'y.w  sSrand  that,  as  s«c!> 
the  other  StateN  an  ,      ^^^^^ 

,use  of  ^"'^'^"•'it  nmst  place  the 
Horacy  as  ""Tf ' '' ^J^^rds  eiu;h  olkr 
^<^^^"%*^':^uTh^f-v^vonU 
cmies.  10  ^"1 .  '  ^ipct.  we  wouW 
argument  on  tlu^  «"5    l^e  ,,„t  down 

i«"  »";t  bi-ouKht  about  by  the  m- 

f  ffslaveholding  State.. 

•vio  to  read  this  paragraph  fvom 

•  V"     .3  report  ami  'P'-"!*  "1»"  '"■ 

h   :  „*Hcracy,  u,Ar   .  «« 
arnvalatWi^WnB  .^^^^j,^^ 

fr*:itcSoon..*M 

"t'tte  "»«  State,  <,n.«,«.-n" 

r'aiTot*at««ean.....P^ 

;ror;t;3sra«t^«'-- 


in  the  District  of  Cohunbia ;  and  his  conduct 
witli  respect  to  these  petitions,  remains  to  be 
Bliown.  Mr.  Morris,  of  Ohio,  presented  two 
from  f'lt  State,  himself  opposed  to  touching 
the  subjc-..  of  slavery  in  the  States,  but  deeming 
it  his  duty  to  present  those  which  applied  to 
the  District  of  Columbia.  Mr.  Calhoun  d*^ 
inanded  that  they  be  read ;  which  being  done, — 

"He  demanded    the  question    on  receiving 
them,  which,  he  said,  was  a  preliminary  ',acs- 
tion,  which  any  niember  had  a  right  to  make. 
He  demanded  it  on  behalf  of  the  State  which 
he  represented ;  he  demanded  it,  because  the  pe- 
titions were  in  themselves  a  foul  slnndei-  on 
nearly  one  half  of  the  States  of  the  Union  ;  he 
demanded  it,  because  the  question  involved  was 
one  over  which  neither  this  nor  the  House  had 
any  power  whatever ;  and  and  a  stop  might  be 
put  to  that  agitation  which  prevailed  in  so  large 
a  section  of  the  country,   and   which,   unless 
clieeked,  would  endanger  the  existence  of  the 
Union.    That  the  petitions  just  read  contained 
a  cross,  false,  and  malicious  slander,  on  eleven 
States  represented  on  this  floor,  there  was  no 
man  wlio  in  his  heart  could  deny.    This  was,  in 
itself,  not  only  good,  but  the  highest  cause  why 
tlie.-e  petitions  should  not  be  received.     Had  it 
not  been  the  practice  of  the  Senate  to  reject  peti- 
tions which  reflected  on  any  individual  member 
of  their  body ;  and  should  they  who  were  the 
rtfirescntatives  of  sovereign  States  permit  peti- 
tions to  be  brought  there,  wilfully,  maliciously, 
almost  wickedly,  slandering  so  many  sovereign 
States  of  this  Union  ?    Were  the  States  to  be 
less  protected  than  individual  members  on  that 
floor?    He  demanded  the  question  on  receiving 
the  petitions,  because  they  asked  for  what  was 
a  violation  of  the  constitution.     The  question 
of  emancipation  exclusively  belonged  to  the  sev- 
eral States.     Congress  had  no  Jurisdiction  on 
the  subject,  no  more  in  thi.s  District  than  the 
Slate  of  South  Carolina :  it  was  a  question  for 
the  individual  State  to  determine,  and  not  to  be 
touched  by  Congress.     He  himself  well  under- 
stood, and  the  people  of  his  State  tshoi-M  under- 
stand, that  this  was  an  emancipation  movement. 
Those  who  have  moved  in  it  regard  this  District 
as  the  weak  point  through  which  the  first'move- 
ment  shouUl  be  made  upon  the  States.    We 
(said  Mr.  C),  of  the  South,  are  bound  to  resist 
it.  We  will  meet  this  question  as  firmly  as  if 
it  were  the  direct  question  of  I'mancipation  in 
the  States.    It  is  a  movement  ivhich  ought  to, 
I  which  must  be,  arrested,  in  limine,  or  the  guards 
[otihe  constitution  will  give  way  and  be  de- 
1  stroyed.    He  demanded  the  question  on  receiv- 
bgthe  petitions,  because  of  the  agitation  which' 
jwculd  result  from  discussing  the  subject.    The 
imger  to  be  apprehended  was  from  the  agita- 
tion of  the  question  on  that  floor.     He  did  not 
jfear  those  incp.ndiary  publications  which  were 
jdiculated  abroad,  aud  which  could  easily  be 


cotmteracted.     But   he  dreailed   the  agitation 
which  would  rise  o\it  of  the  discussi<m  in  Con- 
gress on  the  subject.     Every  man  knew  that 
there  existed  a  body  of  men  in  the  Northern 
States  who  were  ready  to  second  any  insurrec- 
tionary movement  of  the  blacks  ;  and  that  these 
men  would  be  on  the  alert  to  turn  these  discus- 
sions   to   their  advantage.      He    dreaded   the 
discussion  in  another  sense.     It  would  have  a 
tendency  to  break  asunder  this  Union.     What 
effect  could  be  brought  about  by  the  interference 
of  these  petitioners  ?    Could  they  expect  to 
produce  a  change  of  mind  in  the  Southern  peo- 
ple ?      No ;  tlie  effect  would  be  directly  the 
opposite.    The  more  they  were  assailed  on  this 
point,  the  more  closely  would  they  cling  to 
their  institutions.     And  what  would  l>c  the 
clTect  on  the  rising  generation,  but  to  inspire  it 
with  odium  against  those  whose  mistaken  views 
and  misdirected  zeal  menaced  the  peace  and  se- 
curity of  the  Southern  States.    The  effect  nmst 
be  to  bring  our  institutions  into  odium.     As  a 
lover  of  the  Union,  he  dreaded  this  di.scussion  ; 
and  asked  for  some  decided  measure  to  arrest 
the  course  of  the  evil.    There  must,  there  shall 
be  some  decided  step,  or  the  Southern  people 
never  will  submit.    And  how  are  we  to  treat 
the  subject  ?    By  receiving  these  petitions  one 
after  another,    and    thus    tampering,    trifling, 
sporting  with  the  feelings  of  the  South  ?     No, 
no,  no !    The  abolitionists  well  understand  the 
effect  of  such  a  course  of  proceeding.    It  will 
give  importance  to  their  movements,  and   ac- 
celerate   the    ends    they    propose.       Nothing 
can,  nothing  will  stop  these  petitions  but  a 
prompt  and  stern  rejection  of  them.     We  must 
turn  them  away  from  our  doors,  regardless  of 
what  may  be  done  or  said.    If  the  issue  must 
be,  let  it  come,  and  let  us  meet  it,  as,  1  hope, 
we  shall  be  prepared  to  do." 

This  was  new  and  extreme  ground  taken  by 
Mr.  Calhoun.  To  put  the  District  of  Columbia 
and  the  States  on  the  same  footing  with  respect 
to  slavery  legislation,  was  entirely  contrary  to 
the  constitution  itself,  and  to  the  whole  doc- 
trine of' Congress  upon  it.  The  con,stitution 
gave  to  Congress  exclusive  jurisdiction  over  the 
District  of  Columbia,  without  limitation  of 
subjects;  but  it  had  always  refused,  though 
often  petitioned,  to  interfere  with  the  subject  of 
slavery  in  Ihe  District  of  Columbia  so  long  as  it 
existed  ir  the  two  States  (Maryland  and  Virgi- 
nia) whicu  ceded  that  District  to  the  federal 
government.  The  doctrine  of  Jlr.  Calhoun  was, 
therefore,  new  ;  his  inference  that  slavery  was 
to  be  attacked  in  the  States  through  the  opening 
in  the  District,  was  gratuitous ;  his  "  demand  " 
(for  that  was  the  word  he  constantly  used),  that 
these  petitions  should  be  refused  a  reception, 


612 


TIIIIITV  YEARS'  VIEW. 


■m 


mil 


lu 


m 


■H,'  •■.1 


was  a  harsh  motion,  made  in  a  harsh  manner ; 
bifl  assumption  that  the  existence  of  the  Union 
was  at  stake,  was  witliout  evidence  and  contrary 
to  evidence ;  his  remedy,  in  State  resistance, 
was  disunion ;  his  eagerness  to  catch  at  an 
"  issue,"  showed  that  he  was  on  the  watch  for 
"  issues,"  and  ready  to  seize  any  one  that  wouM 
get  up  a  contest ;  his  language  was  all  inflamma- 
tory, and  calculated  to  rouse  an  alarm  in  the 
slaveholding  States : — for  the  whole  of  which 
he  constantly  assumed  to  speak,  Mr.  Morris 
thus  replied  to  him  : 

"  In  presenting  these  petitions  he  would  r;i}  , 
on  the  part  of  the  State  of  Ohio,  that  she  went 
to  thu  entire  extent  of  the  opinions  ol  the  sen- 
ator from  South  Carolina  on  one  point.  We 
deny,  scld  he,  the  power  of  Congress  to  legislate 
concerning  local  institutions,  or  to  meddle  in 
any  way  with  slavery  in  any  of  the  States;  but 
we  have  always  entertained  the  opinion  that 
Congress  has  pri  nary  ■•>nd  exclusive  legislation 
over  this  District;  under  this  impression,  these 
petitioners  have  come  to  the  Senate  to  pies\jiit 
their  petitions.  The  doctrine  that  Corg/ess 
have  no  power  over  the  subject  of  slavery  in 
this  District  is  to  me  a  new  one  ;  and  A  is  one 
that  will  not  meet  with  cedence  in  the  State 
in  which  I  reside.  I  believe  these  petitioners 
have  the  right  to  present  themselves  here,  plac- 
ing their  feet  on  the  constitution  of  their  coun- 
try, when  they  come  to  ask  of  Congress  to 
exercise  those  powers  which  they  can  legiti- 
mately exercise.  I  believe  they  have  a  right  to 
be  Iieard  in  their  petitions,  and  that  Congress 
may  afterwards  dispose  of  these  petitions  as  in 
their  wisdom  they  may  think  proper.  Under 
these  impressions,  these  [tetitioncrs  come  to  be 
heai'd,  and  they  ha\  e  a  right  to  be  heard.  Is 
not  the  right  of  petition  a  fundaTnentiil  right  ? 
I  believe  it  is  a  sacred  and  fundamental  right, 
belonging  to  the  people,  to  petition  Congress 
for  the  redress  of  their  grievances.  While  this 
right  is  secured  by  the  constitution,  it  is  incom- 
petent to  any  legislative  body  to  prescribe  how 
the  right  is  to  be  exercised,  or  when,  or  on 
what  subject ;  or  else  this  right  becomes  a  mere 
mockery.  If  you  are  to  tell  the  people  t'lat 
they  are  onlj'  to  petition  on  this  or  that  su'/ject, 
or  in  this  or  that  manner,  the  right  of  ps  tit'on 
is  but  a  mockery.  It  is  tr"e  we  have  a  right  to 
say  that  no  petition  which  is  couched  in  disre- 
spectful language  shall  be  received  ;  but  I  pre- 
sume there  is  a  sufficient  check  provided  against 
this  in  the  responsibility  under  which  every  sen- 
ator presents  a  petition.  Anypetitio.i  convoyed 
in  .''if"h  .'anguage  would  a'ways  meet  with  his 
dec'.ded  disapprobation.  But  if  we  deny  tb'; 
riglit  of  the  iwople  to  petition  in  this  instance, 
I  would  ask  how  far  tb"y  havo  the  rigiit.  While 
they  believe  theyposser^s  the  right,  no  deui.-il  of 
it  by  Congress  will  prevent  them  from  exercis- 
ing it." 


Mr.  Bedford  Brown,  of  North  Carolini 
tiri'ly  dissented  from  the  views  prescnt( 
Mr.  Calhoun,  and  considered  the  course  h( 
posed,  and  the  language  which  he  used,  e: 
calculated  to  produce  the  agitation  whi( 
professed  to  deprecate.    He  said : 

'  Ho  felt  himself  constrained,  by  a  sen 
duty  to  the  State  from  which  he  came,  d 
and  vitally  interested  as  she  was  in  every 
connectecf  with  the  agitating  question  i 
had  unexpectedly  been  brought  into  disci 
that  morning,  to  present,  in  a  few  word 
views  as  to  tlie  proper  direction  which  s 
be  given  to  that  and  all  other  petitions  re 
to  slavery  in  the  District  of  Columbia.     II 
himself  more  especially  called  on  to  do  so 
the  aspect  wiiich  the  question  had  assuni 
consequence  of  thr^  motion  of  the  gent] 
from  rSouth  Carolina  [Mr.  Calhoun],  to  i 
to  rorrivc  the  petition.     He  had  believed 
the  first  time  he  had  rellectc<l  on  this  sii 
and  subsequent  events  had  but  strenfit) 
that  conviction,  that  the  riwst  proper  dUpo 
of  ill!  such  petitions  was  to  lay  them  oi 
table,  without  printing.     This  course,  wli 
indicated   to   the   fanatics   that   Congress 
yield  no  countenance  to  their  designs,  n 
same  time  marks  them  with  decided  rejjiolj 
by  a  refusal  to  print.     But,  in  his  estinii 
another  reason  gave  to  the  motion  to  liiy 
on  the  table  a  decided  preference  over  any 
proceedings  by  which  they  should  be  nut. 
peculiar  merit  of  this  motion,  as  np|)ii(,il 
this  question,  is,  that  it  precludes  all  di 
and  would  thus  present  the  agitation  (if; 
ject  in  (Congress  which  all  sliould  depnr.i 
fraught  with  mischief  to  every  pouion 
happy  and  flourishing  confederacy.     .Mi.  ]| 
that  honoiable  gentlemen  who  advocate 
motion  had  disclaimed  all  intention  to  pii 
agitation  on  this  question.     He  did  not  jui 
to  question  the  sincerity  of  their  deolanil 
and,  while  willing  to  do  every  justice  toj 
motives,  he  must  be  allowed   to  i-i^y  tlif 
method  could  be  devHsed  better  cakiilalf 
his   iivdgmont,  to  produce  such  a  nsiiltJ 
(Mr!  i>.)  most  .sincerely  believed  tlint  tli| 
interests  of  the  Southern  States  would  IkI 
consulted  hj   ijursuing  such  a  a  irse  lij 
would  hariu'ini/e  the  ferlin' .i  nf  even  .-J 
and  avoid  opening  for  discussion  so  (!an{| 
and  delicate  a  quesiion.     He  believed 
senatoi-s  who  were   present  a  few  dn'.- 
wlien  a  petition  of  siniiliir  oiaiaetei'  ii;i 
presented  by  an  honoralle  se  nitor,  had.  hi 
vote.;  to  laj'  it  on   the    table,  sar.-liom 
cours  J  which  he  now  suggested.    [.Mr.  C.iil 
I  in  e>:planation,  said  that  himself  and  li| 
1  league  were  absent  from  the  Senat '  en 
casion   alluded  to.]     Mr.  U.  resumed 
marks,  and  said  that  he  had  made  no  rI 
to  t  he  votes  of  any  particular  member?  f 
body,  but  what  he  had  said  was,  that  a 


T     M^V 


ANNO  1830.    ANDREW  JACKSON.  TRESIDENT. 


613 


Brown,  of  North  Carolina  en. 
i  from  the  views  presented  by 

cprecate.    He  said: 

'^^  wl^s  sic  was  in  every  \\m' 

ith  tne  "V'''       IV X  j^^^o  discussion 
tedlybeenbrm^ghtj^^  ,.^ 

«'  '°  P^'Tdirectfon  Nvbicb  si.ould 
tue  propc    ^  1^^^^^^^^^  rohtin, 

tlmt  and  all  «"'',',;,„),•,„.    He  Wt 

^Xhenue^o^^^'^'^'^^Tr''"' 
^^'^ftr  Motion  of  the  gontlema,, 
e  of  ti  "■''■  r..,  „oi;n1,  to  nfiisc 
,  Carolina  l^^^"  f  JUev.d  frm. 
.^e  petition.      U.  '  ^^^.,,  ,„,  j,,,, 

'""^re'ont  ta>H»tstrcni,tW^ 
'^        <1r  t  the  n.'^st  proper  dt-posit,.,!, 

h  petitions  vNA«'«^^^,j^,V,W  it 

l^»"^i:^"Sics   that  Con^ic,  .ill 
to  the   fanat  c.  ^^  ,,,^. 

^"""irtCuiith  decided  rci.rokt.a 
iinarkstlKi""'         .^  j^.^  estinuUi^n, 


But,  in  his  estinuUi..n,  H    ,, 


'««^  ^"P'""  to  to /notion  to  lay  tW 
•cason  gave  w  '   .  o^,i.,.  any  mli"' 

H^  ^.rf  tt  s  Stlon,  as  api-Vinil  H,, 
r""''(f  tlmtTt  precludes  all. lc.l«.. 
stion,  lb,  "  l,t  .(^e  notation  of  usnV 
Vi  thus  P^f.^:"\Vl  ,hon1d  dopvecnti :. 
fongresswhch  a"  ;'•,,,„  4,1,, 
vith  mischiet  toe^'v  i       ^j    ^j    ,,, 

arable  f^^^^'SV  intention  to  riol"" 
liad  disclainuH  all  intn        ^^^^^      ,^^^^^^ 

,onthi8<!uestion.     IK       ^^^.^,„„„„„ 
ion  the  smcer  ty  of    n  ^^^  ^^^^^ 

lewillingto  Jot;e;yj  ,,,,,,,,1 

be  must  be  al  '^J*;^      culc.iliit.'l '" 
could  be  de^nsedl'^Jf'•^,,,,,^^^^     , 

.mcnt,  to.  P^"'\"Vieve.l  thnt  tl.e  h<\ 
)  most  ^"^^.r  Jn  s  a^^^^^^ 

i,i,1  opening  f:'."^  '"^'JV^.  ^.^lifvcd  all  ^ 

TU.vverepresent.a^    ,j^^^,,     I 

etition  ot  su  1    r  J.   "^    ^,^^^,  I,  ,,  ,rl 

N'^^^""Tsr;SeK'rl 

lanatior,  said  that  '  J'       ^^,„  „„  ,1km.I 


iictition  bad  been  laid  on  the  table  without  ob- 
jection from  any  one,  and  consequently  by  a 
unanimous  vote  of  the  sonators  present.      Here, 
then,  was  a  most  emphatic  declaration,  by  gen- 
tlfineii   representing   the   Northeni  States  as 
well  as  those  from  otiier  parts  of  the  Union,  by 
this  vote,  that  they  will  entertain  no  attempt  at 
Kirislation  on  the  question  of  tiavery  in  tlie 
District  of  Columbia.     Why,  then,  asked  Mr. 
It,,  should  we  now  adopt  a  mode  of  jiroceedinp 
(iilculuted  to  disturb  the  harmonious  action  of 
tlif  Senate,  which  had  been  produced  by  the 
fiiniier  vote?  Why  (he  would  respectfully  ask 
of  honorable  gentlemen  who  press  the  motion 
to  refuse  to  receive  the  petition)  and  for  what 
Iniieticial  purpose  do  they  press  it?     My  i»er- 
firiting  in  such  a  course  it  would,  beyond  all 
(louht.  open  a  wide  ranjrc  of  discussion ,  it  would 
not  fail  to  call  fortli  a  great  diversity  of  opinion 
ill  ivlation  to  the  extent  of  the  riplit  to  petition 
uivicr  the  constitution.     Nor  would  it  Iks  cun- 
tini'd  to  that  question  alone,  judging  from  nn 
expression  which  had  fallen  from  an  honorable 
"ontknian  from  Virj^inia  [Mr.  'I'vlkr],  in  the 
course  of  this  debate.     That  gentleman  had  de- 
clined his  preference  for  a  direct  ne{rative  vote 
hv  the  Senate,  as  to  the  constitutional  power 
iif  Congress  to  emancipate  slaves  in  the  District 
of  Columbia.     He,  for  one,  protested,  politically 
ffK'aking,  against  opening  this  Pandora's  box  in 
the  halls  of  Congress.     For  all  beneficial  and 
_iiiictical  purposes,  an  overwhelming  majority 
of  the    members   representing    the   Northern 
Slates  were,  with  the  South,  in  opposition  to 
am  interference  with  slavery  in  the  District  of 
C'lliinibia.     If  there  was  half  a  dozen  in  both 
iMiuirhes  of  Congress  who  did  not  stand  in  en- 
tiie  opposition  to  any  interference  with  slavery, 
in  this  District  or  elsewhere,  he  had  yet  to 
brn  it.     Was  it  wise,  was  it  prudent,  was  it 
magnanimous,   in  gentlemen  representing  the 
Southern  States,  to  urge  this  matter  still  further, 
and  say  to  our  Northern  friends  in  Congress, 
'Gentlemen,  we  all  agree  in  the  general  con- 
clusion, that  Congress  should  not  interfere  in 
this  question,  but  we  wish  to  know  your  reasons 
fur  arriving  at  this  conclusion ;  we  wish  you  to 


(iiclare,  by  your  votes,  whether  you  arrive  at 
tiiis  result  becau.se  you  think  it  unconstitutional 
or  not  ? '  Mr.  B.  said  that  he  would  yield  to 
none  in  zeal  in  sustaining  and  supporting,  to  the 
extent  of  his  ability,  what  he  believed  to  be  the 
true  interest  of  the  South  ;  but  he  should  take 
Itave  to  say  thet,  when  the  almost  united  will 
of  both  brandies  of  Congress,  for  all  practical 
purposes,  was  with  us,  against  all  interference 
on  tills  subject,  he  should  not  hazard  the  jieace 
and  quiet  of  the  country  by  going  on  a  Quixotic 
expedition  in  pursuit  of  abstract  constitutional 
questions." 

Ml'.  King,  of  Georgia,  was  still  more  pointed 
than  Mr.  Brown  in  deprecating  the  course  Mr. 
Calhoun  pursued,  and  charging  upon  it  the  effect 


of  iiiereasing  the  slavery  agitation,  and  giving 
the  abolitionists  ground  to  stand  upon  in  giving 
them  the  right  of  petition  to  defend.    He  said : 

"  This  being  among  the  Southern  memlHM's  a 
mere  ditU'reme  of  form  in  the  manner  of  diH|M)s- 
ing  of  the  subject,  I  regret  ex<t'edingl y  that  the 
senator  from  Carolina  has  thought  it  his  duty 
(as  he  doubtless  ha.s)  to  press  tlie  subject  ii|K)n 
the  consideration  of  the  Senate  in  sucii  form  iw 
not   only  to   iKTmit,  but  in  some   measure  to 
civate,  a  necessity  for  the  continued  agitation  of 
the  siiliject.     For  he  believed,  with  others,  that 
nothing  was  Ijctter  calculated  to  increase  agita- 
tion and  excitement  than  such  motions  as  that 
of  the  senator  from  South  Carolina.    What  was 
the  object  of  the  motion  ?     Senators  said,  and 
no  doubt  .sincerely,  that  their  object  was  to  (juiet 
the  agitation  of  the  subject.  Well,  (said  Mr.  K.,) 
my  object  is  jnecisely  the  same.      We  diti'er, 
then,  only  in  the  means  of  securing  a  common 
end ;  and  he  could  tell  tlie  Senators  that   the 
value  of  the  motion  as  a  means  would  likely  be 
estimated  by  its  tendency  to  secure  the  enil  de- 
sired.    Would  even  an  aflinnative  vote  on  the 
motion  quiet  the  agitation  of  the  subject  ?     lie 
thought,  on  the  contrary,  it  would  much  increase 
it.     How  would  it  stop  the  agitation?     What 
would  be  decided?     Nothing,  except  it  be  that 
the  Senate  would  not  receive  the  particular  me- 
morial before  it.     Would  that  prevent  the  jire- 
sentation  of  others  ?     Not  at  all ;  it  would  only 
increase  the  number,  by  making  a  new  issue  for 
debate,  which  was  all  the  abolitionists  wanted  ; 
or,  at  any  rate,  the  most  they  now  expected. 
These  petitions  had  been  coming  her  •  without 
intermission  ever  since  the  fcmndation  of  the 
government,  and  he  could  tell  the  senator  that 
if  they  were  each  to  be  honore<l  by  a  lengthy 
discussion  on  presentment,  an  honor  not  here- 
tofore granted  to  them,  they  would  not  only  con- 
tinue to  come  here,  but  they  would  thicken  upon 
us  so  long  as  the  government  remained  in  exist- 
ence.    "We  may  seek  occasions  (said  Mr.  K.)  to 
rave  about  our  rights ;  we  may  appeal  to  the 
guaranties  of  the  constitution,  which  are  denied ; 
we  may  speak  of  the  strength  of  the  South,  and 
pour  out  unmeasured  denunciations  against  the 
North ;  we  may  threaten  vengeance  against  the 
abolitionists,  and  menace  a  dissolution  of  the 
Union,  and  all  that ;  and  thus  exhausting  our- 
selves mentally  and  physically,  and  setting  down 
to  applaud  the  spirit  of  our  own  eflbrts,  Arthur 
Tappan   and  his  pious  fraternity  would  very 
coolly  remark :  '  Well,  that  is  precisely  what  I 
wanted ;   I  wanted  agitation  in  the  South ;  1 
wished  to  provoke  the  "aristocratic  slaveholder" 
to  make  extravagant  demands  on  the   North, 
which  the  North  could  not  consistently  surren- 
der them.    I  wished  them,  under  the  pretext 
of  securing  their  own  rights,  to  encroach  upon 
the  rights  of  all  the  American  people.   In  short, 
I  wish  to  change  the  issue ;  upon  the  present 
issue  wc  are  dead.    Every  movement,  every  de- 


»■'":! . 


m  ■ 


rf|i 


(>14 


THIRTY  YEAUS'  VIEW. 


W',' 


inoiiHtiatioii  (if  foi-ling  iinionp;  our  own  in'oplo. 
bIiowh  tliiit  iiiKiii  till'  pivscnt  iHHiii!  the  (rrcat 
bixly  of  tin-  |K.'i»|)lt>  is  ii;j;uiiiwt  «ih.  TIio  iHHiic 
imiHt  lio  cliaiip'd,  or  tlii'  |irof(|K'ct«  of  nliolition 
aru  (it  nil  ciul.'  'I'liis  liiiig;uu;;o  (Mr.  K.  Hiiid) 
was  iKit  conjectiireil.  Iiiit  tliero  wiis  much  cvi- 
ileiK'o  of  its  truth.  Sir  (siiiil  Mr.  K.).  if  South- 
cm  si'tiators  wore  nctuiilly  in  the  pay  of  the 
abolition  diivctory  on  Nassau-stri't't  tliey  could 
not  more  elll'ctiially  co-oporati'  in  the  views  and 
aduiinisttT  to  the  wislii's  of  tiicse  enemies  to  tlie 
pence  and  (juiet  of  our  country." 

Mr.  Calhoun  was  dissatisfied  at  the  spocchea  of 
Mr.  Hrown  and  Mr.  Kin^;,  and  considered  them 
08  (hvi(lin<;  and  distrnctint;  the  South  in  their 
opposition  to  his  motion,  while  his  own  course 
was  to  keep  tlieni  unitc<I  in  a  case  where  union 
Wius  HO  important,  and  in  wliich  they  stood  hut  a 
handful  in  the  midst  of  an  overwhelming  major- 
ity,   lie  said: 

"  T  have  heard  with  deep  mortification  and 
rcpret  the  speech  of  the  senator  from  Geor- 
gia ;  not  that  I  suppose  that  his  nrgumcnts 
can  have  nmch  impression  in  the  South,  but 
because  of  their  tendency  to  divide  and  dis- 
tract the  Southern  delegation  on  this,  to  us,  all- 
nionicntoua  question.  We  are  hero  but  a  hand- 
ful in  the  midst  of  an  overwhelming  majority. 
It  is  the  duty  of  every  member  from  the  South, 
on  tliis  great  and  vital  question,  where  tmion  is 
so  important  to  tho.sc  whom  we  n'present.  to 
avoid  every  thing  calculated  to  divide  or  dis- 
tract our  ranks.  I  (said  Mr.  C),  the  Senate  will 
boar  witness,  have,  in  all  that  I  have  said  on 
this  subject,  l)een  carefid  to  respect  the  feelings 
of  Soutiiern  members  who  have  diflcred  from 
me  in  the  policy  to  be  pursued.  Having  thi-.s 
acted,  on  my  part,  I  must  express  my  surprise 
at  the  harsh  expressions,  to  say  the  least,  in 
which  the  senator  from  Georgia  has  indulged." 

The  declaration  of  this  overwhelming  majority 
against  the  South  brought  a  great  number  of 
the  non-slaveholding  senators  to  their  feet,  to 
declare  the  concurrence  of  their  Slates  with  the 
South  upon  the  subject  of  slavery,  and  to  depre- 
ciate the  abolitionists  as  few  in  number  in  any 
of  the  Northern  States ;  and  discountenanced, 
reprobated  and  repulsed  wherever  they  were 
found.  Among  these,  Mr.  Isaac  Hill  of  New 
Hampshire,  thus  spoke : 

"  T  do  not  (said  he)  object  to  many  of  the 
positions  taken  by  senators  on  the  abstract  ques- 
tion of  Northern  interference  with  slavery  in 
the  South.  But  I  do  protest  against  the  excite- 
ment that  is  attempted  on  the  floor  of  Congress, 
to  be  kejit  up  against  the  North.  I  do  protest 
against  the  array  that  is  made  here  of  the  acts 
of  a  few  misguided  fanatics  as  the  acts  of  the 


whole  or  of  n  largo  portion  of  the  people  (,( 
North.  I  do  protest  nguinst  the  oounleni 
that  is  here  given  to  the  idea  tliat  the  penpl 
the  North  generally  are  interfering  with 
riglits  and  projierty  of  the  peojtle  of  the  So 

"There  is  no  course  that  will  In'tter  suit 
few  Northern  fanatics  th'Ui  the  agitatinu  of 
question  of  slavery  in  the  halls  of  Coiigre; 
nothing  will  please  them  l)etter  than  the  (lis 
sions  which  are  taking  place,  and  a  solemn 
of  either  branch  denying  them  the  right  to 
fer  petitions  here,  praying  that  slavery  niai 
abolished  in  the  District  of  Columbia.    A 
nial  of  that  right  at  once  enables  them,  and 
without  color  of  truth,  to  cry  out  that  the  < 
test  going  on  is  'a  struggle  between  power 
liberty.' 

"  Believing  the  intentions  of  tliose  who  1 
moved  simultaneously  to  get  up  the>e  petiti 
at  this  time,  to  be  mischief,  I  was  glad  to 
the  first  petition  that  came  in  here  laid  im 
table  witljout  discussion,  and  without  refin 
to  any  committee.  The  motion  to  lay  on 
table  precludes  all  debate  ;  and,  if  dec-  i  ,;  n 
matively,  prevents  agitation.  It  v,!,.,  wiih 
view  of  preventing  agitation  of  this  subject  i 
I  moved  to  lay  the  second  set  of  petitions 
the  table.  A  senator  from  the  South  (.Mr.  ( 
houn)  has  chosen  a  different  course;  lie  lias 
terposed  a  motion  which  opens  a  debate  t 
may  be  continued  for  months.  He  has  clio 
to  agitate  this  question ;  and  he  lias  presin 
that  question,  the  decision  of  which,  let  seiiat 
vote  as  they  may,  will  best  please  the  w^iUit 
who  arc  tirging  the  fai.atics  forward. 

•'  I  have  said  the  people  of  the  North 
more  united  in  their  opi)osition  to  the  ])lans 
the  advocates  of  ontislavery,  than  on  any 
subject.   This  opposition  is  confined  to  no  pi 
cal  party ;  it  pervades  every  class  of  the  ooini 
nity.    They  deprecate  all  interference  witl 
subject  of  slavery,  Itccause  they  believe  sue 
terference  may  involve  the  existence  and 
fare  of  the  Union  itself,  and  because  they  um 
stand  the  obligations  which  the  non-slaveho 
States  owe  to  the  slaveholding  States  liy 
compact  of  confederation.     It  is  the  stroii.i,' 
sire  to  perpetuate  the  Union  ;  it  is  the  dttir 
nation  which  every  patriotic  and  virtuous  cit 
has  made,  in  no  event  to  abandon  4hc  '  nrl 
our  safety,'  that  now  impels  the  united  Xc 
to  take  its  stand  against  the  agitators  of 
antislavery   project.      So    effectually  liiis 
strong  public  sentiment  put  down  that 
tion  in  New  England,  that  it  is  now  kept 
only  by  the  power  of  money,  which  the  aj 
tors  have  collci^ied,  and  apply  in  the  liirini 
agents,  and  m  issues  from  presses  that  are 
in  their  employ. 

"  The  antislavery  movement,  which  brin;: 
petitions  from  various  parts  of  the  countrv 
ing  Congress  to  abolish  slavery  in  the  l)\i' 
of  Columbia,  originates  with  a  few  persons, 
have  been  in  the  habit  of  making  charitibli 
ligious  institutions  subservient  to  political 


ANNO  IRSfl.     ANDUF.W  JACKSON.  riiF.SIDKNT. 


C15 


Stc't  n^uin^t  the  ceui.tnumr.. 

to  the  itu-a  t»"»^  ^''^'  »'•:"}'''■  r' 

l"u  y  are  inUrfj-rinK  >v.th  1. 

the  DiHtrict  of  Oolumhm.    A-l.- 

*;    truth,  to  cry  out  that  the- om- 
is 'a  struggle  between  i)owcr.m.l 

rrtss^ivaHgin^to... 

tion  that  came  in  here  hvul  nn  tl,> 
S«tn.88\on,an.lwUhou  volmm. 
^iUco.  ThJ  . notion  to^y.n,. 
dcs  ftU  debate ;  an.l  if  «lt(   •  ..  i.i  i 

ventinK  agitation  of  this  buI.  .  <  l  >,„u 
layt"^c  Becnd  pet  of  petitions  u,, 
Asenator  from  the  South  (Mr.  Ul. 

ruTfofiff    no  has  ch,.n 

t^^Sionof^vhichK.^enut,,. 

:";,^ay,  will  best  please  the  agitators 

^-      »i,n  fill  fttics  for\vai«l. 

■Si-FSeoftheN^ 

.,1  in  their  opposition  to  the  plans. f 

1      «f  antislavcry,  than  on  any  o;kr 

wfvadcB  every  class  of  the  comum- 
U  Knrccato  all  interference  wul.  Hie 

Wmvolvctheexisteuct.mulY- 
??fj  itself  and  because  they  umKi- 

ts  sianu  .-b»         effectual  y  has  tho 

Ifrom  various  parts  of  tUt  ^""""     • , 
Pto  abolish  slavery  mt^^^^^^^^^^^^ 


poses,  and  who  havo  eren  controlled  some  of 
{horns  cliaritahle   associatioiiH.      Tin-   petitions 
nre  set  on  foot  by  men  who  have  had,  ami  who 
continue  to  have,  iiilluence  with  nu'nisterH  and 
religious   teachers   of  diflereiit  den<niiiiiiUioiiH. 
They  have  Issued  and  sent  out  their  circulars 
culling  for  a  united  effort  to  press  on  Conj;r«'KH 
the  alM)lilion  of  nlavery  in  this  District.    iSlnny 
of  the  clergymen  who  have  been  instnnnenls 
of  the  agitators,  have  done  so  fioin  no  bad  mo- 
tive.   Some  of  thein,  dfscoveriiig  the  |iur|iii.''e  of 
theugitatoiM — (liseoveiing  that  their  labors  were 
calculated  to  make  the  condition  of  the  Hlavo 
worse,  and  tocreat«  animosity  iK'tween  the  jkjo- 
nlu  uf  the  North  and  the  South,  have  paused  in 
tiieir  cour.se,  and  desisted  from  the  further  ap- 
plication of  a  mistaken  philanthropy.     Others, 
having  enlisted  deeply  their  feelings,  still  i)ur- 
8HC  the  iinpiolltaldc  labor.     They  present  lierc 
tlie  names  of  inconsiderate  men  and  women, 
inuiiy  of  whom  do  not  know,  when  they  sul>- 
i-crilie  their  pajxirs,  what  they  are  asking ;  and 
otiiers  of  whom,  placing  implici    faith  in  their 
rolii;ioiis  teacher,  arc  taught  to  believe  they  are 
thiieby  doing  a  work  of  disinterested  benevo- 
lence, which  will  bo  rerjuited  by  rewards  in  a 
futuiv  life. 

'•  Now,  sir,  as  much  as  I  abhor  the  doings  of 
niak  or  wicked  men  who  arc  moving  thisalioli- 
tiun  question  at  the  North,  I  yet  have  not  as 
bail  an  opinion  of  them  as  I  have  of  some  others 
who  are  attempting  to  make  of  these  puerile 
liniccetliugH  an  object  of  alarm  to  the  whole 
Suutli. 

'•Of  all  the  vehicles,  tracts,  pamphlets,  and 
;ieffsp»|)ers,  printed  and  circulated  by  the  abo- 
litionists, there  is  no  ten  or  twenty  of  them 
tliat  have  contributed  so  much  to  the  e.xcite- 
ncnt  as  a  single  newspaper  printed  in  this  city. 
I  need  not  name  this  paper  when  I  inform  you 
that,  for  the  last  five  years,  it  has  been  laboring 
to  produce  a  Northern  and  Southern  party — to 
fan  the  flame  of  sectional  prejudice — to  open 
wider  the  breach,  to  drive  harder  the  wedge, 
wiiicii  shall  divide  the  North  from  the  South. 
It  is  the  newspajwr  which,  in  18.'n-"2,  .strove  to 
create  that  state  of  things,  in  relation  to  the 
tarill',  which  would  produce  inevitable  collision 
ktwcen  the  two  sections  of  the  country,  and 
wiiicli  urged  to  that  crisis  in  South  Carolina, 

terminating  in  her  deep  disgrace 

"[Mr.  Calhoun  here  interrupted  Mr.  Hill  and 
called  him  to  order.  Mr,  II.  took  his  seat,  and 
Mr.  Ilubhard  Hjeing  in  the  chair)  decided  that 
the  remarks  or  Mr.  If.  did  not  impugn  the  mo- 
tives of  any  man — they  were  only  descriptive 
of  the  effects  of  a:  tain  proceedings  upon  the 
State  of  Soith  Carolina,  and  that  he  was  not 
out  of  order.] 

"Mr.  II.  n  sumed :  It  is  the  newspaj)er  which 
condemns  or  ridicules  the  well-meant  efforts  of 
anoHicer  of  the  govemmcJit  to  stop  th*  circu- 
lation of  incendiary  publications  in  the  slave- 
holding  States,  and  which  designedly  magnifies 
the  number  and  the  ellorls  of  the  Northern  abo- 


litionists. It  is  the  ncwspu|ier  which  ViIk'Is  tlio 
whole  North  by  repii'scniiiig  the  ulmost  united 
IKMiplf  of  that  region  to  be  insincire  in  their 
efforts  to  pivvent  the  mi>chief  cf  a  few  fanati- 
cal and  misguided  |ii-rsons  who  uiv  engaged  in 
the  abolition  cause. 

"  I  have  before  me  a  cojiy  of  this  newspaper 
(the  I'nilnl  Sintrit  T>l,i:nii>h),  filled  to  tho 
brim  with  the  e.\eitiiig  snliject.  It  containB, 
among  other  things,  a  spetch  of  un  honorablo 
senator  (Mr.  Ix-igh  of  Virginia),  which  I  shall 
not  Ikj  surprised  soon  to  leurn  has  bee;  issued 
by  thousands  and  tens  of  thousands  from  the 
ai)olition  mint  at  New-York,  for  ciiciilaticm  in 
the  South.  Surely  the  luiiionible  senator's 
spi-eeh,  containing  that  part  of  the  Chnnning 
pamphlet,  is  most  likely  to  move  the  Southern 
slaves  to  a  servile  war,  at  the  same  time  tho 
Channing  extracts  and  the  speech  itself  are  most 
admirably  calculated  to  awaken  the  fears  or 
arouse  the  indignation  of  their  masters.  The 
circulation  of  such  a  speech  will  efl'e<'t  tho  ob- 
ject of  the  abiditi(mists  witlnmt  trenching  npcm 
their  funds.  Ii<'t  the  agitation  be  kept  up  in 
Congress,  and  let  this  newspaper  be  extensively 
circulated  in  the  South,  filled  with  such  speeches 
and  such  extracts  as  this  exhibits,  and  little 
will  1)0  left  for  the  Northern  abolitionists  to  do. 
Thoy  need  do  no  more  than  send  in  their  peti- 
tions: the  late  printer  of  the  Senate  and  his 
friends  in  Congress,  will  create  enough  of  ex- 
citement to  effect  every  object  of  those  who  di- 
ix-ct  the  movements  of  the  abolitionists." 

At  tho  same  moment  that  those  petitions 
were  presented  in  the  Senate,  their  counterparts 
were  presented  in  the  House,  with  the  same  de- 
clarations from  Northern  representatives  in  favor 
of  the  rights  of  the  South,  and  in  (lej>reciation 
of  the  number  and  impoitance  of  the  alwlition- 
ists  in  the  North.  Among  these,  Mr.  Franklin 
Pierce,  of  New  IIam])shire,  was  one  of  the  most 
emphatic  on  both  points.     He  said: 

"  This  was  not  the  last  memorial  of  the  same 
character  which  would  be  .sent  here.  It  was 
perfectly  apparent  that  the  ciuestion  must  bo 
met  now,  or  at  some  future  time,  fully  and  ex- 
jilicitly,  and  such  an  expression  of  this  Hoiiso 
given  as  could  leave  no  possible  room  to  doubt 
as  to  the  opinions  and  sentiments  entertained  by 
its  members.  Ho  (Mr.  P.),  indeed,  considered 
the  overwhelming  vote  of  the  House,  the  other 
day,  laying  a  memorial  of  similar  tenor,  and,  he 
believed,  the  .same  in  terms,  upon  the  table,  as 
fixing  upon  it  the  stamp  of  reprobation.  IIo 
supposed  that  all  sections  of  the  country  would 
be  satisfied  with  that  expres>ion  ;  but  gentlemen 
seemed  now  to  consider  the  vote  as  equivocal 
and  evasive.  He  was  unwilling  that  any  impu- 
tation should  rest  upon  the  Noilli,  in  conse- 
quence of  the  misgui(led  and  fanatical  zeal  of  a 
few — comparatively  very  few — who,  however 


i 


s  « 


Hi 


i^m 


Mi 


GIG 


imiMV  YK.UJK'  vii:\v. 


h(»iii'«f  niivlil  linvi'  lnvn  fhrir  imrpuscs  In-  Im'- 
Iit'vt'(!  Iiii'l  il'iic  iiii'iilciiliililc  misclii)  f,  nini  wlii'sc 
liiovi'iiicnt',  lie  kiit'w,  ri'iM'ivfil  no  morf  siiiictioii 
nmmijj  llir  giunt  iihi^-m  tif  the  |p«<»|il('  of  tin- 
NiiiMli,  tli.iii  llii'v  dill  nt  tlif  Soiilli.  Kinoiif, 
ho  (Mr.  P.).  while  he  wmilil  ho  llio  lust  to  in- 
fiinp-  ii|iiin  any  of  tlu'  miciid  rosorvcil  ri^ilils 
of  tilt'  |M'(i|ili>.  WHS  pi-opiiri'd  to  titiiinp  with  tiiH- 
npprtihaliiin,  in  tlio  most  o>;>ifSH  ami  inicipiivo- 
cal  Itnns,  the  whole  niovoniont  upon  this  huh- 
jeot.  .Mr.  I'.  s;iiil  he  would  not  n'siinie  liiri  neat 
willioiii  leiideiiiij;  (n  (he  noiitloinan  IVoin  Virp- 
nia  (.Mr.  .Mus.mO,  iui.t  and  p-noron.s  as  he  alwavH 
was,  his  aekniiw  lei|;.;inenlH  I'or  thi'  adniisHion 
frankly  made  in  the  openin;;  of  his  remarks. 
lie  had  .saiil  (hat.  diiriii;:;  the  period  thai  he  had 
oooiipied  a  se;;'  in  llii-i  House  (as  Mr.  I',  nndor- 
ptood  him)  he  had  never  known  six  men  .seri- 
ously dispo-ed  to  intertere  with  the  ri.trhts  of 
the  slaveliolileisal  (he  South.  Sir,  said  .Mr.  I'., 
jrontlemen  may  he  assured  there  was  no  sncli 
disposition  as  a  p'neral  sentiment  provailinj; 
union;;  the  jieople;  at  least  he  felt  <'oiillil«'nee  in 
nsserlinj:  that,  amoii^  the  |H'ople  of  the  StiUo 
wliieli  he  hinl  the  honor  in  part  to  repie.xont, 
there  was  not  one  in  a  Inindrod  who  did  not 
rntortain  the  most  -a.  red  repird  for  the  rights 
of  their  .Sontlurn  tnethivn  -nay,  not  one  in  live 
ImndiH'd  who  woidd  not  have  those  li^ihts  pro- 
toeted  at  any  and  every  hazard,  'riiere  was  not 
tlio  sli;:lites(  dispo.-ition  to  interlero  with  any 
rights  .seen ri'il  by  (ho  constitution,  whieli  hinds 
top:otlur,  and  which  ho  hunildy  li(t|H'd  over 
would  hind  together,  this  great  and  glorious 
confedenicy  as  one  family.  .Mr.  I',  had  only  to 
pay  that,  to  some  sweeping  ohnrgos  of  impro|)or 
intorferonoo.  the  action  of  the  jiooplo  of  the 
North  at  home,  during  the  list  year,  and  the 
vote  of  their  representatives  hero  the  other  day, 
was  a  BiiHioiont  und  couclusive  imswer." 

The  newspaper  nanio<l  hy  Mr.  Hill  was  i>n- 
tiivly  in  the  imorcst  of  Mr.  Callionn,  and  tlio 
course  which  it  followi'd,  and  upon  system,  and 
incessantly  to  get  uji  a  slavery  (luarivl  lictwceii 
the  North  and  the  South,  was  undoniuhli — every 
daily  nuinl)cr  of  the  paper  oontainiiig  the  proof 
of  its  incendiary  work.  Mr.  Calhoim  would 
not  ix'ply  to  Mr.  Hill,  hut  would  send  a  pajti'r 
to  the  Secretary'.s  tahle  to  he  read  in  contradic- 
tion of  his  statements.  Mr.  Calhoun  then  hand- 
ed to  the  Secretary  a  newspaper  containing  an 
article  impugning  the  statement  made  by  Mr. 
Pierce,  in  the  House  of  Representatives,  a.s  to 
the  small  numlterof  the  abolitionists  in  the  State 
of  New  Hampshire  ;  whieh  was  read,  and  which 
contained  scunilou.)  rcllection.s  on  Mr.  Pierce, 
and  severe  strictures  on  the  state  of  slavery  in 
the  South.  Mr.  Hill  asked  for  the  title  of  the 
newspajHT ;  and  it  was  given,  "  7'he  Herald  of 


/■'n  :uli)iii  **  y\r.  Ilill  said  it  wan  an  aholi 
pa|M'r,  printed,  luil  not  circulated,  at  t'oiic 
New  Hampshire.  He  said  the  nanio  |»a|H'r 
been  sent  to  him,  and  he  saw  in  it  one  of 
('alhoiinV  H|K'oelies ;  which  was  republishet 
good  foiHl  for  the  ubolilionistiH ;  and  said 
thought  the  Senate  wan  well  eiiiployetl  in  lis 
ing  to  the  trading  of  disgusting  extracts  fi 
an  hireling  abolition  paiier,  for  the  pnrpo,s( 
impugning  the  statoinenlH  of  a  moniUT  of 
Hoii.se  <if  lieproHentativeM,  defending  the  So 
theik.and  who  could  not  Ih'  heiv  to  defend  li 
self,  it  was  also  a  breach  of  parliamentary 
for  a  mcmlH'r  in  one  House  to  attack  what ' 
said  by  a  inonilK-r  in  another.  Mr.  Pier 
stati-ment  had  been  heard  with  grout  satisfad 
by  all  exccjit  Mr.  Callionn;  but  to  him  it  i 
so  repugnant,  as  invalidating  his  as.sertion  i 
great  abolition  party  in  the  North,  that  he m 
not  ivfiain  from  this  nuxlu  of  (Mintradictin^' 
It  was  felt  by  all  as  diHordcrly  and  iniproi 
and  the  pivsiding  ollicer  then  in  the  clmir  (, 
HubbanI,  from  New  Hampshire)  felt  liinu 
called  upon  to  e.xcnse  liia  own  conduct  iu 
having  checked  the  ivading  of  the  article, 
.said : 

"  He  felt  as  if  an  apology  was  due  fmni  1 
to  the  Senate,  for  not  having  checked  (lie  re 
ing  of  the  paragiiiphs  fnmi  the  newspaper  w 
had  just   boon  road  liy  the  Secretary.     II 
wholly  ignorant  of  the  eontenls  of  (he  | 
and  (i)idd  not  have  anticipated  the  piii|i(ii 
the  article  which  the  .senator  from  Soiitli  f 
Una  had  requested  the  Secretary  lo  read 
understood  the  senator  to  say  that  lie  wii 
the  paper  to  be  read,  to  show  tJiat  (he  .-lad' 
made  by  the  .>-eiialor  from  .New  Haiiip.-'liiii 
to  the  feelings  and  sentiments  of  the  pcei 
that  State  upon  the  subject  of  the  ahuliiioi 
slavery,  was  not  corii'ct.     It  certainly  w 
have  been  out  of  order,  for  any  senator  (( 
alluded  to  the  lomarkK  made  by  a  iiieiiilx 
the  Hon>e  of  Keprosentatives,  in  debate; 
in  his  judgment,  it  was  eipially  out  of  <mi| 
pcrinil  paragraphs  from  a  newspaper  to  Ik- 
in  the  Senate,  which  wont  to  impugn  tliecoi 
of  any  memlior  of  the  other  House;  aii( 
should  not  have  permitted  the  jiaper  t( 
been  read,  without  the  direction  of  the  Sen 
if  ho  had  been  awaru  of  the  chaiaettT  of 
article." 

Mr.  Calhoun  said  he  was  entitled  to  llio  fl 
and  did  not  like  to  be  interrupted  by  the  cli 
he  meant  no  disresjicct  to  Mr.  I'iem', 
wkshcd  the  real  state  of  things  to  be  known 
OS  if  an  abolition  newspaper  was  beltiT  aut 


I' } 


ANNt)  Ih;I(1.     ANI»UK\V  JACKSON,  rUIMItKNT. 


fil7 


r.  Hill  wiitl  it  WHH  un  al.oliiion 
liul  lu.l  i-UHM.l.ito.l,  at  l'.mc..r.l, 
I,  II,.  «:»»<1  tlu-  HUim-  l>«lHr  Imd 
ni,  nn.l  »u'  nnw  in  «<  <""'  "f  Mr- 
.,.1,0.. ;  whirU  wiw  rq.ul'lislu'.l  us 

tl„.  uboliliouiKlrt ;   niul  wii,l  1,,. 
.„ato  w«H  well  iini'><'J'''»  '"  ''"*''"■ 
,„linK  ol-  .lis^UHti.iH  ••xtnirls  iVom 
,.,r,li,.u  imjHV,  for  llu'  l>»n'<>^»-  of 
0  sluliMm-utrt  of  "  '"'■'»»'^'' "'  ^1"' 
n-Kcut«tivi-H,  iWIViulinj;  tlu-  S.mtl, 
„  cuM  not  Ik«  liiMV  to  ,U-fina  l.im- 
ulm,  a  l.ivach  of  ,.arlianu  iiliny  \m 
.  in  one  lIonHC  to  iiltai-k  what  vvii* 
hmuUt  n.  another.     Mr.  IM^-m'. 
a  1,,.,-u  lu'unl  with  pn-at  witistaclmn 
.  Mr.  t'alhonn;  hnt  to  hiiu  it  wii* 
[  us  iuvarwlatint,'  hi«  assertion  ,)r  ;i 
o'nmrtyinthoNorth,thalhor,.ul,i 
V,„n  thin  inoilo  «'f  iMmtni.li.tniR  H. 
by  all  an  ,li8oi<krly  ihhI  nni'ioFf. 
si.lmti  otlia-r  then  in  the  eha.r  (Mr. 
,.„„  Now   llan.pshiiv)  felt  hniwcU 

to  cxcnso  his  own  eondnet  m  not 
,keil  the  ivaainy;  of  the  artielc.    IK 

,  „s  if  an  apolotry  W"s  aue  Inm,  him 
1,0  for  not  havin- eheek.il  tlir  .  u.- 
vVat:'..!'''"  »'">'"  »''^' "^''''''"'''' n" 
.  ,  reaa  l.y  the  Seeretary.     IK' wa> 

_  .;\:i-  „,e  contents  of  .1...  ,..,..• 

t  have  anticipate.1  the  ,.un..Mt  ol 

l;;   Kh  the  .senator  from  Nmtl>  I  aro- 

,^    .str.l  the  Seeretary  1"  rea.l.    11 

',.    senator  to  say  tl>at  he  w.shnl 

t.tr     Itoshowthattheslatwacnl 

,,  H.nato'r  from  New  lla.M,..<lu,  ■.:» 
ts  a..d  sentimeiUs  ».f  the  1h;o,,1.m. 

r,on    he  snhjcct  of  the  aholmou  u 
.  Jm)    o<mvet.     U  certa.uly  wo-M 
I  nt.fonler,  for  any  senator  to  iK.. 
rthe  venuuks  umde  hy  a  numK.r  o 
I        li,.vesentatives,inael>ate-«n 
l.nen     itwa8e.inallyoutotonUrt 

IS mhs  fro.n  ft  news,.a,.er  to  l^'  r««l 
ISi    ehwentt«imi.np.tl.oeour.. 

I   nUofthc  other  U-"-';""'. 
t       vo  i.ennitte<I  the  impcr  to  hu 
l\X/tthedir..e(umoltKeS«   . 
]^.enawaiv  of  the  charaeter  of  ik 

Ihoun  said  he  was  cntitle-UotK,.  floor 
■!tliketobeinterrni.tedhytKe.l^ 
jnodisresrocttoMr    IMem-.    b.^ 

Ic  real  Btate  of  things  to  !«  k.>o«        j 
tutionnew.pa,crwaBU.tU.rauth- 


Itv  <lian  a  Mtatetnenl  from  a  tnemher  in  hin  jihve 
ill  lli(>  House.  It  ha|)|N<ned  ihul  Mr.  Piere,-  wan 
Cdininf;  into  tlie  Senate  ChanilK'niH  thin  reading 
H^t'iie  wiiM  jroinn  ,in ;  and,  iK'inp;  ffrenlly  Miir- 
iirJKcd,  and  feeling  nineh  ag<;ri(>ved,  and  liavin^r 
lid  rl^ht  to  H|K<ak  for  himself,  lie  Hpuke  to  tlie 
iinllior  of  tliiw  View  to  niniiitain  the  trnth  of 
Ills  statement  it^iinHt  the  MenrriloiiN  iroiitradit*- 
tidii  of  it  whieh  liad  been  read,  Mr.  Kenton, 
tlii'refon<,  sIoihI  n|) — 

"To  Hay  ft  word  on  the  MihJ,'et  of  I>lr.  I'ieree, 

tim  member  of  llio   lloiine  of  ItepresentntiveH, 

fiipiii  New  Hampshire^  who.«i'  statementH  in  the 

jimise  of  neprescntative.s  had  liet-n  ennlrinliet«'d 

in  the  iii'\vniia|H'r  artiele  ivad  at  (he  Sj-en'taryV 

tiilile.     lie  iiad  tlie  pleasure  of  an  intiuinte  ae- 

qimintanee  with  that  p'litleniaii,  and  the  highest 

irsiM'et  for  hun,  both  on  hin  own  aeeonnt  and  (hat 

of  iiis  venerable  and   patriotic  father,  who  was 

iatt'ly  governor  of  New  Hampshire.      It  had  so 

|m|i|H'iKdfsai<l  Mr.  II.)  that,  in  the  very  moment 

df  the  ivailinu  of  thin  artieU-,  the  member  of  (he 

lionse  of  llepresentatives,  whoso  statenx'nt  it 

(•(pulradietvil,  was  <'oniin)7  into  the  S«'nate  ('liam- 

Ixr,  mid  his  whileninn  eonntenane,*  showed  the 

ilicp  emotion  e.xeited  in  his  bosom.     Tb,^  Htate- 

mint  wliieh  that  gentleman  had  made  in  the 

House  was  in  the  hi)i;hest  denit'o  consolatory 

iiml  iifiioiablo  to  the  iH'opKt  of  the  slftveholdiii^j 

Stiites.    He  had  naid  that  not  one  in  live  linn- 

ilri'il  ill  his  Statu  was  in  favor  of  the  ubolition- 

i4s:  nil  ,.,\pivssion  understcMid  by  every  body, 

iidl  as  an  arithmetical  projMisition  workeil  out 

bv  li|;ures,  but  as  ft  stmn^  mode  of  declariii}: 

t!i:it  these   abolitionistH  were  few  in  nnmlier. 

in  tliat  sense  it  wiiH  understood,  and  was  a  most 

wilcdine  and  a^rrecable  jiiece  of  information  to 

tlic  iK'ople  of  tlio  sliiveholdini;  States.      The 

m\vs|iiiiK'r  article  contradicts  him,  and  vaunts 

the  miiniier  of  the  al)olitionists,  and  tlm  nnmer- 

ous  sijiiiers  to  their  pi'tition.     Now  (said  Mr. 

II,),  tlie  member  of  the  Hon.sc  of  llepreseiita- 

tivca  (Mr.  Pierce)  has  this  moment  infonne<l 

nic  tliat  he  knows  nothing  of  tlie.se  petitions, 

m\  knows  nothiiip;  to  ohaiiKe  bis  opinion  as  fo 

Ik- small  number  of  abolitionists  in  his  State. 

Mr.  II.  tlioii(!;lit,  therefore,  that  his  statement 

oiinht  not  to  Ik'  ccnisidered  as  discredited  by  the 

m'ffspaper  publication  ;  and  he,  for  «)nc,  should 

still  frive  faith  to  his  opinion." 

Ill  his  eaf^erness  to  invalidate  the  statement 
of  Mr.  Pierce,  Mr.  Calhotin  had  overlooke<l  a 
polecisin  of  action  in  which  it  involved  him. 
His  hill  to  suppress  the  mail  transmission  of  in- 
ondiary  publications  was  still  before  the  Senate, 
not  yet  decided  ;  aiiu  no  re  was  matter  read  in 
the  Senate,  and  to  go  forth  as  part  of  its  pro- 
j  wwlings.  the  most  incendiary  and  diabolical  that 
W  yet  been  seen.   This  oversight  was  jMirceived 


by  the  author  of  this  Viow,  who,  after  vimli- 
calillg  the  staleliiellt  ol  Mr.  Pi,ree,  Willi  uii  to 
exposo  this  soK-eiHin,  and  — 

•'Took    up  the    bill   reported  by  the  siloet 
eoniiiiiltee  on  ineeiidiary  piiblieatioiiii,  and  rtad 
the  sect  ion  whieh  foilmilo  tluir  traiismiH^ion  by 
mail,  and  Kiibjoeted  the  postmaslois  to  line  and 
loss  of  ollleo,  who  would  put  them  up  for  trans- 
mission ;  and  wislu'd  to  know  whetlier  this  in- 
cendiary publi<-alion,  whieh  liad   boon  n-ad   at 
the  Seeretary 's  table,  would  ho  ineludtd  in  the 
pioliihition,  after   being  so  rend,  and  thus   Im<- 
coniing  a  part  of  our  debales  7     As  a  publioa- 
lion  in  New  llanipHhire,  it  was  clearly  forbid; 
as  part  of  our  congn-SNional  proceeilings  would 
it  still  be  forbitl  I    There  was  a  dilllcuUy  in 
(his,  ho  said,  take  it  eidier  away.     If  it  could 
H(ill  bo  inculealed  from  (his  tloor,  (lien  (he  pro- 
hibition in   the  bill  was  mere  child's  play;  if 
i(  could  not,  and  all  (he  city  papers  which  eon- 
laiiied   it   were  (o  be  s(op|H-d,  then   the  other 
congressiunal   proeoedings   in    the  same   pa|H>r 
would    bo  sloppoil  also;   and   thus   the  peopK- 
would  bo  prevented  from  knowing  what  (heir 
reproseniatives  were  doing.     It  scmefl  (o  him 
(o  be  but  lame  work  (o  s(op  incendiary  piibli- 
ca(ioiiH  in  the  villages  where  they  weie  print, d, 
and  then  to  circulate  them  from  this  eliamber 
among  the  proceedings  of  ('ongress ;  aiul  (hat, 
issuing  from  (his  ooiitre,  and  spiralling  (o  all 
the  ixiiiits  of  (ho  circumferentH^  of  this e\t,'ndi(l 
I'nion,   one    reatling   hero   woiiKI   give    it    ten 
thousand   (imes  more  notorieiy  and   ditlusion 
than  the  printing  of  it  in  (he  village  could  do. 
He  concluded  with  expressing  his  wi-h  that  tlic 
re|H)rlers  would  not  «K>py  into  their  aeeonnt  of 
debate  the  \,n\H!V  (hat  was  read.     It  was  too 
oll'ensive  to    the  nn-mber  of  the   Hoiiko    [.Mi\ 
Piorcoj,  and  would  Ix;  too  di>agreealile  to  thi^ 
peopKr  (if  the  slaveliolding  Slates,  to  lie  eiititlcfl 
lo  a  place  in  our  debales,  and  to  become  a  part 
of  our  congressional  history,  (o  be  dilhiseil  over 
the  I'ountry  in  gazoKes,  and  (rnnsmitied  to  pos- 
(,'ri(y  in  the  volumes  of  ilehatos.     He  ho|HHl 
they  would  all  omit  it." 

The  reporters  complied  witli  this  refpiest, 
and  the  Congress  <Iebates  were  spared  the  pol- 
lution of  thi.s  infusion  of  scurrility,  and  the 
jiernianent  record  of  this  abusive  assault  uimiii 
a  member  of  the  House  beaiusc  ho  was  a  friend 
to  the  South,  lint  it  made  a  deep  impression 
upon  Kcnators;  and  Mr.  King,  of  (jeorgia,  ad- 
verted to  it  ft  few  days  afterwards  to  show  the 
strangeness  of  the  scene — Southern  senators 
attacking  their  Northern  friends  because  they 
defended  the  South.    He  said : 

"It  was  known  that  there  was  a  talented, 
patriotic,  and  highly  influential  mem>)cr  of  the 
other    House,     from    Now    Hampshire    [Mr. 


618 


THIRTY  YEARS'  VIEW. 


Pierce],  to  whose  dilifience  and  determined 
efuirts  he  iiad  heard  attributed,  in  a  great  de- 
(jTcc.  the  present  prostrate  condition  of  ihe 
abolitionists  i'l  that  State.  He  had  been  the 
open  and  ael'vo  friend  of  the  South  from  the  be- 
prinning,  and  had  encountered  the  hostility  of 
the  abolitionists  in  every  form.  He  had  made 
a  statement  of  the  strength  and  prospeots  of 
the  abolitionists  in  his  State,  near  the  com- 
mencement of  the  session,  that  was  very  prati- 
flying  to  the  people  of  the  South.  This  state- 
ment wns  po:  .iborated  by  one  of  the  senators 
from  that  Siatc  a  few  days  after,  and  the  sena- 
tor from  Carolina  rose,  and,  without  due  re- 
flection, he  was  very  sure,  drew  from  his  pocket 
a  dirty  sheet,  an  abolition  paper,  containing  a 
scurrilous  article  against  the  member  from  New 
Ilampshi'o,  wliich  pronounced  him  an  impostor 
and  a  liar.  The  same  thing  in  cfTect  had  just  been 
repeated  b)  the  senator  from  JMississippi  a^^ainst 
one  of  the  best  friends  of  the  South,  Governor 
Jkfarcy,  of  New-York.  [Here  Jlr.  Calhoun 
lose  to  explain,  and  said  he  had  intended,  by 
the  introduction  of  the  paper,  no  disrespect  to 
the  member  from  New  Hampshire;  and  Mr. 
lilack  also  rose  io  say  he  only  wished  to  show 
the  cotirse  the  abolitionists  were  pursuing,  and 
their  future  views.]  Mr.  King  said  he  had  been 
intor"npted  by  the  senators,  but  corrected  by 
neither  of  them.  He  was  not  attacking  their 
motives,  but  only  exposing  their  mistakes.  The 
article  read  by  his  friend  frort  Carolina  was 
abusive  of  the  member  from  New  Hampshire, 
anfl  contradicted  his  stJitements.  The  article 
read  by  his  friend  from  Mississippi  against  Gov- 
ernor Maroy  was  of  a  sini-lar  character.  It 
abused,  menaced,  and  contvadictcd  him.  These 
abusive  productions  would  seem  to  be  credited 
and  adopted  by  those  who  ised  them  as  evi- 
dence, and  incorporated  them  in  their  siweches. 
Here,  then,  was  a  contest  in  the  North  be- 
tween the  most  open  and  avowed  friends  of  the 
South  and  the  abolitionists;  and  wo  liad  the 
strange  exhibition  of  Southern  gentlemen  ap- 
parently espousing  the  cause  of  the  latter,  who 
were  continually  furnishing  them  evidence  with 
which  to  aid  them  in  the  contest.  Did  gentle- 
men call  this  backing  their  friends  ?  Wliat  en- 
couragement did  such  treatment  afford  to  our 
friends  at  tho  North  to  sten  forth  in  our  be- 
half? » 

Ml'.  King  did  nci  limit  himself  to  the  defence 
of  Mr.  Pierce,  but  went  on  to  deny  the  increase 
of  abolitionism  at  the  North,  and  to  show  that 
it  was  dying  out  there  until  revived  by  agitation 
here.    He  saia : 

"  A  great  deal  had  been  stated  in  one  form  or 
other,  and  in  one  quarter  or  other,  as  to  the 
numbers  and  increase  of  these  disturbers  of  the 
peace ;  and  he  did  not  undertake  to  sav  w^-t 
was  ihc  fact.  He  learned,  ...m  tho-.j,ht  it  pro- 
bable, that  they  had  increased  since  the  com- 


mencement of  the  session,  and  had  heard  alsi 
increase  ittributed  to  the  manner  in  whicl 
sul)j>ct  had  been  treated  here.  However 
might  be,  what  he  insisted  on  was,  that  1 
base  proauctions  were  no  evidence  of  the 
or  of  any  fact :  and  especially  should  not  Ij© 
by  Southern  men,  in  opposition  to  the  s 
mcnts  of  high-minded,  honorable  men  at 
North,  who  were  the  active  and  efficient  fri 
of  the  South." 

As  an  evidence  of  the  manner  in  w'  :>  1 
English  emissary,  George  Thompson,  had 
treated  in  the  North,  upon  whose  labo; 
much  stress  had  been  laid  in  the  South, 
King  read  from  an  English  newspaper 
Leeds  Jlercury),  Thompson's  own  accour 
hid  mission  as  written  to  his  English  cmplo} 
thus: 

"  Letters  of  a  most  distressing  nature 
been  received  from  Mr.  George  Thompson 
zealotis  and  devoted  missionary  of  slave  ii 
cipation,  who  has  gone  from  this  country  t( 
Unit>-d   States,  and  who  writes  fi-om   l!oi 
He  says  that  '  the  North  (that  is,  New  1 
land,    whei-e    slavery    does    not    exist), 
universally  sympathized   with   the   Somli 
opposition  to  the  abolitionists  j  that  'tlu-X 
has   let  fall  the  mask;'  that  ' nK-rcliants 
mechanics,  priests  and   politicians,  have  i 
stood  forth  the  defenders  of  Southi  rn  (!i's| 
and  the  furious  denouncers  of  Mortiieni  ph 
throp)  ;'  that  ali  parties  of  politics,  espcc 
the  supporters  of  the  two  rivals  for  tlio  i) 
dential  office  (Van  Buren  and  Webster; 
with  each  other  in  denouncing  the  aliolitiun 
and  that  even  religious  men  shun  tlieni, 
when  the  abolitionists  can  fairly  gain  a  liei 
from  them.    With  regard  to  himself  \k  ey 
as  follows :  '  Rewai  ds  are  offered  for  my  al 
tion  and  assassination ;  and  in  every  dint' 
meet  witli  those  who  believe  they  woi 
doing  God  and  their  country  service  by  ( 
ing  me  of  life.    I  have  appeared  in  |-\i))li(' 
some  of  my  escapes  from  the  hands  of  nij 
have  been  truly  providential.    On  Friday 
I  narrowly  escaped  losi""  my  life  in  Con 
New  Hampshire.'     'Boston,  Septtniber 
This  morning  a  short  gallows  was  found  !• 
ing  opposite  the  door  of  my  house,  23  Buy-; 
in  this  city,  now  occupied  by  Garrison, 
halters  hung  from  the  beam,  with  the 
above  them,  By  order  of  Judge  Lynch ! ' 

Mr.  Hill  corroborated  the  account  whicl 
emissary  gave  of  hi<-:  disastrous  mission 
added  that  he  had  escaped  from  Concord  i 
night,  and  in  woman's  clothes :  and  then  f 

"  The  present  agitation  in  the  North  is 
up  by  the  application  of  money ;  it  is  a  st 
things  altogether  forced.    Agents  are  hlrc^ 


c: 


li 


ANNO  183fl.    ANDREW  JACKSON,  TRESIDENT. 


619 


he  session,  ami  had  heard  also  th« 
,  od  to  tl  e  manner  m  which  the 
n  itcd  here.  IIowe^xr  thn 
the  insisted  on  was,  that  those 
ns  were  no  evidence  of  the  fact 
tnrc!;ccially.8ho«ldnotbe«sj.a 
•     ^nnnsitiop  to  tne  s>nie- 

» 

cnccofthc  manner  in  w'.h  the 
,ary,  George  Thompson,  had  l-ieu 
he  North,  upon  whose  labo.s.o 
had  been  laid  in  the  South,  Mr. 
from  an  English  newspaper  th. 
,rv^  Thompson's  own  accovu.t  (,f 
18  written  to  his  English  employers; 

of  a  most  distressing  nftt.m>  have 
,  r    ™  Afr  George  Ibompsoii,  till' 

*"  rostra  ul'  iScians,  iuvve  alik. 
■:  ^.V  1  .f  lers  of  Si.uthd-n  despots. 
i*'-^^'*'  i  no     crs  of  Northern  ph-lau- 

n.    MS  itn  rtb»'     „ffe..e,l  for  niv  abduo- 

,:  'Rewards  »'«  "'i^'^';  '     diiWum  I 
assassination;  and 'ne^ry         ^^  ^ 

],  those  Who  ^.^7JJSbyaq.riv- 

nVulyprovideMv^-   ^^„^ 

FTrS'     'Bosto^Neptc.mberll.- 
lmpshire.        ^,.      '  ^yaa  fomid  stawt 

':ning  a  short  Rajl^y^^  ';*  23  Bay-stwt 
,•,t«thcdoorofmyho«s^-^^^    J    ^^^ 

ity,  now  occuPicd^y  U       ^^^^  ^^.^^ 

hune  from  the  i**™-^!  „_phi"' 
U,  By  order  of  Judge  Lynch. 

ill  corroborated  the  account  which  tto 

'  nf  hi"-'  disastrous  mission,  and 

^together  forced.    Agcnw  » 


piisfd  in  the  chtirncter  of  ministers  of  the  Gos- 
pel, to  preach  abolition  of  shivery  where  slavery 
does  not  exist;  and  presses  arc  kept  in  constant 
t'lnploymont   to  scatter  abolition   jiublications 
thnmj^h  the  country.    Deny  the  right  of  petition 
to  the  misguided  men  and  women  who  are  in- 
duced fivm  no  bad  motive  to  petition  for  the 
abolition  of  slavery  in  the  District  of  Columbia, 
and  you  do  more  to  increase  their  numbers  than 
ffill  thousands  of  dollars  paid  to  the  emissaries 
who  traverse  the  country  to  distribute  abolition 
tracts  and  to  spread  abolition  doctrines.    Con- 
tinue to  debate  abolition  in  either  branch  of 
Conpiress,  and  you  more  effectually  subserve 
tlie  incendiary  views  of  the  movers  of  abolition 
than  any  thing  they  can  do  for  themselves.    It 
may  suit  those  who  have  been  disappointed  in 
all  tlieir  political  projects,  to  try  what  this  sub- 
ject of  abolition  will  now  avail  them.  Such  men 
will  be  likely  to  And,  in  the  end,  that  the  peo- 
ple have  too  strong  attachment  for  that  happy 
Union,  to  which  we  owe  all  our  prosperity  and 
happiness,  to  be  thrown  from  their  propriety  at 
every  agitating  blast  which  may  be  blown  across 
the  land." 

Mr.  Webster  gave  his  opinion  in  favor  of  rc- 
ctiviiij!  the  petitions,  not  to  grant  their  prayer, 
but  to  yield  to  a  constitutional  right  on  the  part 
of  the  petitioners ;  and  said : 

"  lie  thought  they  ought  to  be  received,  re- 
ferred, and  considered.  That  was  what  was 
usually  done  with  petitions  on  other  subjects, 
and  what  had  been  uniformly  done,  heretofore, 
with  jH-'titions  on  this  subject  also.  Those  who 
believed  they  had  an  undoubted  right  to  petition. 
and  that  Congress  had  undoubted  constitutional 
authority  over  the  subjects  to  which  their  peti- 
tions related,  would  not  be  satisfied  with  a  re- 
fusal to  receive  the  petitions,  nor  with  a  formal 
reception  of  them,  followed  by  an  immediate 
vole  rejecting  their  prayer.  In  parliamentary 
..iTiis  there  was  some  ditfcrence  between  these 
tffo  modes  of  proceeding,  but  it  would  be  con- 
sidered as  little  else  than  a  ditTcrencc  in  mere 
form,  lie  thought  the  question  must  at  some 
time  be  met,  considered,  and  discussed.  In  this 
matter,  a.s  in  others.  Congress  must  stand  on  its 
reasons.  It  was  in  vain  to  attempt  to  shut  the 
door  against  petitions,  and  expect  in  that  way 
to  avoid  discussion.  On  the  presentment  of  the 
first  of  these  petitions,  he  Iiad  l>een  of  opinion 
that  it  ought  to  be  referred  to  tl-  *  proper  com- 
mittee. Ho  was  of  that  opinion  still.  The  sub- 
ject could  not  bo  stifled.  It  must  be  discussed, 
and  he  wished  it  sliould  be  discussed  calmly, 
dispai^sionately,  and  fully,  in  all  its  branches,  and 
>ll  its  bearings.  To  reject  the  prayer  of  a  pe- 
tition at  once,  without  reference  or  considera- 
tion, was  not  respectful ;  and  in  this  case  noth- 
ing could  be  possibly  gained  by  going  out  of  the 
usual  course  of  respectful  consideration." 

The  trial  votes  were  had  upon  the  petition 


of  the  Society  of  Friends,  the  Cain  petition ; 
and  on  Mr.  Calhoun's  motion  to  ivfiise  to  receive 
it.  His  motion  was  largely  rejected — 35  to  10. 
The  vote  to  receive  was:  Messrs.  Uenton,  Brown, 
Buchanan,  Claj-,  Clayton,  Crittenden,  Davis, 
E.vingof  Illinois,  Ewing  of  Ohio,  Goldsborough, 
Grundy,  Hendricks,  Hill,  Hubbard,  Kent,  King 
of  Alabama,  King  of  Georgia,  Knight,  Linn.  Mc- 
Kean,  Morris,  Naudain,  Niles.  Prentiss,  Bobbins, 
Robinson,  Buggies,  Shepley,  Southard,  Swift, 
Tallmadge,  Tipton,  Tomlinson,  Wall,  Webster, 
Wright.  The  nays  were :  Messr.s.  Black,  Cal- 
houn, Cuthbert,  Leigh,  Moore,  Nicholius,  Porter, 
Preston,  Walker,  Wliite. 

The  motion  to  reject  the  petition  being  thus 
lost  (only  a  meagre  minority  of  the  Southern 
members  voting  for  it),  the  motion  to  reject  its 
prayer  next  came  on ;  and  on  that  motion  Mr. 
Calhoun  refused  to  vote,  saying : 

"The  Senate  has  by  voting  to  receive  this 
petition,  on  the  ground  on  which  the  reception 
was  plaa'd,  assumed  the  principle  tliat  we  are 
bound  to  receive  petitions  to  abolish  slavery, 
whether  in  this  District  or  the  States ;  that  is, 
to  take  jurisdiction  of  the  question  of  abolishing 
slavery  whenever  and  in  whatever  inunuer  the 
abolitionists  may  think  proper  to  luesent  the 
question.  lie  considered  this  decision  pregnant 
with  consequences  of  the  most  disa,strous  char- 
acter. When  and  how  they  were  to  occur  it 
was  not  for  him  to  predict ;  but  he  could  not 
be  mistaken  in  the  fact  that  there  must  follow 
a  long  train  of  evils.  What,  he  wouM  a.'^k,  must 
hereafter  be  the  condition  on  this  lloor  of  the 
senators  from  the  slaveh(dding  .States  ?  No  one 
can  expect  that  what  has  been  done  will  arrest 
the  progress  of  the  abolitionists.  Its  etl'ects  must 
be  the  opjiosite,  and  instead  of  diminishing  must 
greatly  increase  the  number  of  the  i>etition.s. 
Under  the  decision  of  the  Senate,  we  of  the 
South  are  doomed  to  sit  here  and  receive  in  si- 
lence, however  outrageous  or  abus've  in  their 
language  towards  us  and  those  whom  we  re- 
present, the  petitions  of  the  inceiuliaries  who 
are  making  war  on  our  institutions.  Nay,  more, 
we  are  bound,  without  the  power  of  resistance 
to  see  the  Senate,  at  the  request  of  these  incen- 
diaries, whenever  they  think  proper  to  petition, 
extend  its  jurisdiction  on  the  subject  of  slave."y 
over  the  States  as  well  as  this  District.  Tluis 
deprived  of  all  power  of  ellectual  resistance,  can 
any  thing  be  considered  more  hopeless  and  de- 
grading than  our  situation ;  to  sit  hei .',  year 
after  year,  session  after  session,  hearing  our- 
selves and  our  constituents  vililled  by  tliousaiuls 
of  incendiary  publications  in  tiie  furni  of  jteti- 
tions,  of  which  the  Senate,  by  its  decision,  is 
bound  to  take  jurisdiction,  and  aj^ainst  which 
wo  must  rise  like  culprits  to  defend  ourselves, 
or  permit  them  to  go  uncontradicted  and  uu* 


620 


THIRTY  YEARS'  VIEW. 


i 


iTsistcd  ?  We  must  ultimately  be  not  only  dc- 
gradod  in  our  own  estimation  and  that  of  the 
W(jri(l,  but  be  exhausted  and  worn  out  in  such  a 
contest." 

This  was  a  most  unjustifiable  assumption  on 
the  part  of  Mr.  Calhoun,  to  say  that  in  voting 
to  receive  this  petition,  confined  to  slavery  in 
the  District  of  Columbia,  the  Senate  took  juris- 
diction of  the  (question  in  the  States — jurisdiction 
of  the  question  of  abolishing  slavery  whenever, 
and  in  whatever  manner,  the  abolitionists  might 
ask.  It  was  unjustiflablo  towards  the  Senate, 
and  giving  a  false  alarm  to  the  South.  The 
thirty-five  senators  voting  to  receive  the  peti- 
tion wholly  repudiated  the  idea  of  interfering 
with  slavery  in  the  States.  Twelve  of  them 
were  from  the  slaveholding  Staies,  so  that  Mr. 
Calhoun  was  outvoted  in  his  oivn  half  of  the 
Union.  The  petition  itself  was  confined  to  the 
object  of  emancipation  and  the  suppression  of 
the  slave  trade  in  the  District  of  Columbia, 
where  it  alleged,  and  truly  that  Congress  pos- 
sessed jurisdiction ;  and  there  was  nothing 
cither  in  the  prayer,  or  in  the  language  of  the 
petition  to  justify  the  inferences  drawn  from 
its  reception,  or  to  justify  the  assumption  that 
it  was  an  insult  and  outrage  to  the  senators 
from  the  slaveholding  SUites.  It  was  a  brief 
and  temi)erate  memorial  in  these  words : 

"  The  memorial  of  Cain  Quarterly  Meeting  of 
the  Helif^ious  Society  of  Friends,  commonly 
called  Quakers,  respectfully  represents:  That, 
having  Ion-;;  felt  deep  sympathy  with  that  portion 
of  the  inhabitants  of  these  L'nited  States  which 
is  held  in  bondage,  and  having  no  doubt  that 
the  happiness  and  interests,  moral  and  pecu- 
niary, of  both  master  and  slave,  and  our  whole 
community,  would  be  greatly  promoted  if  the 
inestimable  right  tolil)erty  was  extended  equal- 
ly to  all,  we  contemplate  with  extreme  regret 
that  the  District  of  Columbia,  over  which  you 
possess  entire  control,  is  acknowledged  to  be 
one  <if  the  pivatest  marts  for  the  traffic  in  the 
persons  of  human  beings  in  the  known  world, 
notwithstanding  the  principles  of  the  constitu- 
tion declare  that  all  men  have  an  unalienable 
right  to  the  blessing  of  liberty.  We  therefore 
earneslly  desire  that  you  will  enact  '^nch  laws 
as  will  secure  the  right  of  freedom  to  every  hu- 
man Jug  residing  within  the  constitutional 
jurisdiction  of  Congress,  and  prohibit  every 
spefies  of  traffic  in  the  jwrsons  of  men,  which 
is  as  inconsistent  in  principle  and  inhuman  in 
practice  as  the  foa>ign  slave  trade." 

This  was  the  i)ctition.  It  was  in  favor  of 
emancipation  in  the  District,  and  prayed  the 
suppression  of  the  slave  trade  in  the  District ; 


'  and  neither  of  these  objects  had  any  re] 

to  emancipation  or  the  slave  trade,  in  the  S 

I  Mr.  Preston,  the  colleague  of  Mr.  Calhoun, 

!  his  reasons  for  voting  to  reject  the  prayer  ( 

;  petition,  having  failed  in  his  first  ohji-ct  1 

i  ject  the  petition  itself;  and  Mr.  Davis,  of  M 

cl  asetts,  repulsed  the  inferences  and  uss 

tions  of  Mr.  Calhoun  in  consequent  <  f  the 

to  receive  the  petition.    lie  denied  the  ji 

of  any  suggestion  that  it  portended  misch 

the  South,  to  the  constitution,  or  co  the  U 

or  that  it  was  to  make  the  District  the  ! 

quarters  of  abolitionists,  and  the  steppin;;- 

and  entering  wedge  to  the  attack  of  slavi 

the  States :  and  said : 

"Neither  the  petition  on  which  the  d 
had  arisen,  nor  any  other  that  he  had  seen 
posed  directly  or  indirectly  to  disturb  the  L' 
unless  the  abolition  of  slavery  in  this  Dis 
or  the  suppression  or  regulation  of  the 
trade  within  it,  would  have  that  elfeet. 
himself,  Mr.  D.  believed  no  purpose  cou 
further  than  this  from  the  minds  of  (he 
tioners.  He  could  not  determine  what  tlioi 
or  motives  might  be  in  the  minds  of  nici: 
he  judged  b}'  what  was  revealed ;  and  lie  i 
not    persuade  himself   that    these  petitii 
were  not  attached  to  the  Union  and  that 
had  (as  had  been  suggested)  any  nlteiinr 
pose  of  making  this  District  the  head-ijiu 
of  future  operation — the  stronghold  of 
slavery — the  stepping-stone  to  an  attack 
the  constitutional  rights  of  the  South.    li( 
obliged  to  repudiate  these  inferences  as  ui 
for  he  had  seen  no  proof  to  sustain  them 
of  the  petitions  that  had  come  here.    The 
tioners  entertained    opinions   coincident 
their  fellow-citizens  as  to  the  power  of 
gress  to  legislate  in  regard  to  slavery 
District ;  and  being  desiroiis  that  slavery  > 
cease  here,  if  it  could  be  abolished  upoi 
principles  ;  and,  if  not,  that  the  trailic 
on   here  from  other  qjiarters  should  bo 
pressed  or  regulated,   they  came  here  h 
Congress  to  investigate  the  mutter.    Tiii; 
all ;  and  he  could  see  no  evidence  in  it  uf  i\ 
destine  purpose  to  disregard  the  constitut 
to  disturb  the  Union." 

The    vote    was    almost  uni>  -mous  oi 
Buchanan's  motion — 34  to  G  ;  ami  liio? 
against  it,  not  because  they  were  in  fuv 
granting  the  prayer  of  the  memorialist: 
because  they  believed  that  the  peiitiou 
to  be  referred  to  a  committee,  rejwrted 
and  then  rejected — which  w  as  th«  oncient 
of  treating  such  petitions  ;  and  also  ti>u 
in  which  they  were  now  treated  in  the 
of  Representatives.    The  vote  was : 


ANNO  183tt.    ANDREW  JACKSON.  PRESIDENT. 


^21 


f  the«e  objects  bad  any  rektmn 
.northc  slave  trade,  in  the  SlaUs. 
the  colleague  of  Mr.  Calhoun,  pvc 
rvotingtoreject  the  prayer  of  the 

,g  failed  in  his  first  O.ject^to  n- 
„n  itself:  andMr.Davis,  of  Mussa- 

ulsed  the  inferences  and  ussuiuih 
Calhoun  in  consequcnci'.f  the  vote 
,c  petition,  lie  denied  the  .|usu,c 
.stion  that  it  portended  m..chu>f  ,o 

0  the  constitution,  or  .0  the  I  num; 
,s  to  make  the  District  the  kud- 
vbolitionists,  and  the  steppin|,-.tonc 
g  wedge  to  the  attack  of  slavery  m 

and  said: 

.  the  petition  on  which  the  ddmte 
nor  any  other  that  he  had  seou.  lu-o- 
■tlv  oSircctly  to  disturb  the  I  m.n 
iKt ion  of  slavery  in  this  D.^nci 
;,.«  ni-  reculat  on  of  the  sliux 
rHvoSd  hive  that  ctfect.    F,,r 

[^canrde;:iSwh.uh.i. 

1  hy  what  ^^a|,  ^'^^\^^  j^.tiiiomi, 

"f"^^^^^^^^^^  andVhat  tl., 

attiwhed  to  tue  nltevior  \m- 

>ad  been  «»gi-^^  STe  ,,,,,i-.,.uu't.- 
vaking  tl»a  l>;«t;'f^,Xi,„ia  .If  am,. 

tb^'^t'eSl-Sonc  to  L  .Utack  u,.„ 
J  repudiate  thcst  »»  .^^  ^^^^ 

tel^-r  to  the  power  .    Oj- 

rSbS.;:^cSi{hatSy.ho«.,. 

hf^t  could  be  aboUshed  u,K.n.,«s 
P  if  not  that  the  trallic  cmA 

«•'*"**'   .w  mnrters  should  be  w 
or  regulatttl,  ^y-y  ^^.^. 

•b  the  Union." 

vote    was    almost  uno  -mous  on  Mr. 
':n'nlon-34  to  C,  and  tUo.es, 

:  J  because  they  were  m  fi^vor^ 

the  prayer  of  the  memonahst»,  b 

"tiev  ^lieved  that  the  F^it'ou  o«,l,l 

tX.  — itt..e,  roi«rtea  «,.. 

^:;ected-which.astl.anc,e^^ 
„gsuchFtitions;auda.o    k 

\,  they  were  now  treated  m  tUt 
•cscntatives.    The  vote  was: 


"  Yeas — Messrs.  Benton,  Black,  Brown,  Bu- 
chanan, Clay,  Crittenden,  Cuthbert,  Ewing  of 
lllinoiH,  Ewing  of  Ohio,  Goldsborough,  Grundy, 
Ilill,  llubbard,  King  of  Alabama,  King  of  Geor- 
rria,  Leigh,  Linn,  McKean,  Moore,  Nicholas, 
Nik'S,  Portci,  Preston,  llobbins,  Robinson,  Hug- 
cles,  Shopley,  Tallmadpe,  Tipton,  Tomlinson, 
Walker,  Wall,  White,  Wright— 34. 

"Nays — Messrs.  Davis,  Ifendricks,  Knight, 
Prentiss,  Swift,  Webster — 0." 

After  this  decision,  Mr.  Webstor  gave  notice 
tliat  he  had  in  hand  several  similar  petitions, 
wliich  he  had  forborne  to  present  till  this  one 
from  Pennsylvania  should  be  disposed  of;  and 
tliat  now  he  should,  on  an  early  occasion,  present 
them,  and  move  to  dispose  of  them  in  the  way 
in  wliich  it  had  been  his  opinion  from  the  first 
that  all  such  petitions  should  have  been  treated ; 
that  is,  referred  to  a  committee  for  considera- 
tion and  inquiry. 

The  action  of  the  House  of  Representatives 
will  now  be  seen  <m  the  subject  of  these 
ix-titions ;  for  duplicates  of  the  same  gene- 
rally went  to  that  body  ;  ami  there,  under  the 
lead  of  a  Soutli  Carolina  member,  and  with 
lar^^'  majorities  of  the  House,  they  were  dis- 
l«sed  of  very  diflerently  from  the  way  that  Jlr. 
Calhoun  demanded  in  the  Senate,  and  in  the 
wav  that  he  deemed  so  fatal  to  the  slaveholding 
l>;tatcs.  Mr.  Ilcnry  li.  Pinckney,  of  the  Charles- 
ton district,  moved  that  it  he — 

•  L'esoh'cd,  That  all  the  memorials  which 
have  been  oflered,  or  may  hereafter  be  presented 
to  this  House,  praying  for  the  abolition  of 
slavery  in  the  District  of  Columbia ;  and  also 
the  resolutions  offered  by  an  honorable  member 
from  Maine  (Mr.  Jarvis),  with  the  amendment 
tliercto  proposed  by  an  lionorable  member  fiom 
Viririnia  (Mr.  Wise),  tofrethcr  with  every 
other  paper  or  proposition  that  may  lie  submit- 
ted in  relation  to  the  subject,  be  referred  to  a 
si'lcct  committee,  witli  instructions  to  report : 
tliatCongress  possesses  no  constitutional  author- 
ity to  interfere  in  any  way  with  the  institution 
of  slavery  in  any  of  the  States  of  this  confede- 
racy: and  that  in  the  opinion  of  this  House, 
Coiij^resa  ought  not  to  interfere,  in  any  way, 
witli  slavery  in  the  District  of  Columbia,  be- 
cause it  would  be  a  violation  of  the  ptiblic  faith, 
iiinvise,  impolitic,  and  dangerous  to  the  Union. 
Aisipning  such  reasons  for  these  conclusions, 
as,  in  the  ju<lgment  of  the  committee,  may  be 
kst  calculated  to  enlighten  the  public  mind,  to 
allay  excitement,  to  repress  agitation,  to  secure 
sml  maintain  the  just  rights  of  the  slave-holding 
Slates,  and  of  the  people  of  this  District,  and 
to  restore  harmony  and  tranquillity  amongst 
the  various  sections  of  this  Union." 


On  putting  the  question  the  motion  was  di- 
'  ided,  so  as  to  have  a  separate  vote  on  the 
different  propositions  of  the  resolve ;  and  each 
was  carried  by  large,  and  some  by  nearly  unan- 
imous   majorities.      On  the  first  division,  To 
refer  all  the  memorials  to  a  select  committee, 
the  vote  was  174  to  48.  On  the  second  division, 
That  Congrc  ?8  possesses  no  constitutional  au- 
thority to  interfere,  in  any  way,  with  the  insti- 
tution of  slavery  in  any  of  the  States,  the  vote 
was  201  to  7 — the  seven  negatives  being  Mr. 
John  Quincy  Adams,  Mr.  Harmer  Denny  of 
Penn.sylvania,  Mr.  AVilliam  Jackson,  Mr.  Horace 
Everett  of   Vermont,  Mr.   Rice    Garland    of 
Louisiana,  Mr.  Thomas  Glascock  of  Georgia, 
Mr.  William  Jackson,  Mr.  John  Robertson  of 
Virginia ;  and  they,  because  opposed  to  voting 
on  such  a  proposition,  deemed  gratuitous  and 
intermeddling.    On  the  third  division,  of  the 
resolve,  That  Congress  ought  not  to  interfere 
in  any  way  with  slavery  in  the  District  of 
Columbia,  the  vote  stood  103  to  47.    And  on 
the  fourth  division,  giving  as  reasons  for  such 
non-interference.  Because  it  would  be  a  viola- 
tion of  the  public  faith,  unwise,  impolitic,  and 
dangerous  to  the  Union,  the  vote  was,  127  to  75. 
On  the  last  division,  To  assign  reasons  for  this 
report,  the  vote  stood  1G7  to  G.    So  the  com- 
mittee   was    ordered,  and    consisted    of   Mr. 
Pinckney,  Mr,  Hamer  of  Ohio,  Mr.  Pierce  of 
New   Hampshire,    Mr.   Hardin  of    Kentucky, 
Mr.  Jarvis  of  Elaine,  Mr.  Owens   of  Georgia, 
Mr.  Muhlenberg  of  Pennsylvania,  Mr.  Drom- 
goole  of  Virginia,  and  Mr.  Turrill  of  New-York. 
The  committee  reported,  and  digested  their  re- 
port into  two  resolutions,  frst,  That  Congress 
possesses  no  constitutional  authority  to  interfere, 
in  any  way,  with  the  institution  of  slavery  in 
any  State  of  this  confederacj-.    Sccondhj,  That 
Congress  ought  not  to  interfere  in  any  way 
with  slavery  in  the  District  of  Columbia.  And, 
"for  the  purpose  of  arresting   agitation,  and 
restoring  tranquillity  to  the  public  mind,"  tliey 
recommended  thi)    adoption  of   this    resolve : 
"  That  all  petitions,  memorials,  resolutions,  pro- 
positions, or  paiMirs  relating   in  an}'  way  to 
the  subject  of  shivery,  or  the  abolition  of  slavery, 
shall,  without  either  being  printed  or  referred, 
be  laid  upon  the  table;  and  that  no  further 
action  whatever  be  had  upon  them."    All  these 
resolution!)  were  adopted ;  and  the  latter  one  by 
a  vote  of  117  to  C8;  so  that  the  House  came 


622 


THIRTY  YEARS'  VIEW. 


•f'iH  ^ 


to  tlic  samo  roiirse  whicli  the  Senate  had  taken 
in  relation  to  these  memorials.  Mr.  Adams, 
whoso  votes,  taken  by  themselves,  mip;ht  pre- 
sent liim  as  acting  with  the  abolitionists,  was 
entirely  opposed  to  their  objects,  and  was 
governed  by  a  sense  of  what  appeared  to  him 
to  be  the  rijiht  of  petition,  and  also  the  most 
cireotual  way  of  putting  an  end  to  an  agitation 
which  he  sincerely  deprecated.  And  on  this 
point  it  is  right  that  he  should  be  heard  for 
Iiimself,  as  speaking  for  himself  when  Mr. 
Pinckney's  motion  was  before  the  House.  He 
then  said : 

"  But,  sir,  not  being  in  favor  of  the  object  of 
the  petitions,  I  then  gave  notice  to  the  House  and 
to  the  country,  that  upon  tl:e  supposition  that 
these  petitions  had  been  transnutted  to  me  un- 
der the  exiwetation  that  I  should  present  them, 
I  felt  it  my  duty  to  say,  l  should  not  support 
them.  And,  sir,  the  reason  which  I  gave  at  that 
time  for  declining  to  support  them  was  precisely 
the  same  reason  which  the  gentleman  fiom  Vir- 
ginia now  gives  for  reconsidering  this  motion — 
namely,  to  keep  the  <'.iscussion  of  the  subject 
out  of  the  House.  I  said,  sir,  that  I  believed 
this  discission  would  lie  altogether  unprofitable 
to  the  House  ami  to  the  country;  but,  in  de- 
ference to  t!ie  sacred  right  of  petition,  I  moved 
that  lhe<e  lifteen  i»etitions,  all  of  which  were 
numerously  signed,  should  be  referred  to  the 
Conuuiltee  on  the  District  of  Columbia,  at  the 
Iieail  ofwhicli  was,  at  that  time,  a  distinguished 
citizen  of  Virginia,  now,  I  regret  to  say — and  the 
whole  country  has  occasion  to  regret — no  more. 
These  petitions  were  thus  referred,  ami,  after  a 
short  period  of  time,  the  chairman  of  the  Com- 
mittee on  the  District  of  Columbia  made  a  re- 
|)(irt  to  this  House,  which  report  was  read,  and 
unanimously  accepted ;  and  nothing  more  has 
been  heard  of  the.<;e  petitions  from  that  day  to 
this.  In  taking  the  course  I  then  t«K)k,  I  was 
not  sustained  by  the  unanimous  voice  of  my  own 
constituents ;  there  were  numy  among  them, 
persons  as  respectable  and  as  entitled  to  consid- 
eration as  any  others,  who  disapproved  of  the 
course  I  piirsuedon  that  oa-asion. 

"Attempts  were  made  within  the  district  I 
then  represented  to  get  up  nuvtings  of  the  peo- 
ple to  instruct  me  to  pursue  a  diilerent  course, 
or  to  multiply  |)etiti(ms  of  the  same  character. 
These  ellorts  were  continued  during  the  whole 
of  that  long  session  of  Congress ;  but.  I  am  grati- 
fied to  add,  v.ithout  any  other  restdt  than  that 
from  one  single  town  of  the  district  which  I  haii 
the  honor  to  represent,  a  solitary  petition  was 
forwarded  before  the  close  of  the  session,  with  a 
ivvpiest  that  1  W(mltl  present  it  to  the  House. 
Sir,  I  did  piTsent  it,  and  it  was  referred  to  the 
same  Committee  on  the  District  of  Columbia, 
and  I  believe  nothing  more  has  been  heard  of  it 
since.    From  the  experience  of  this  session,  I 


wos  perfectly  satisfied  that  the  true  and  ( 
method  of  keeping  this  subject  out  of  discuR 
was,  to  take  that  course  ;  to  refer  all  petit 
of  this  kind  to  the  Committee  on  the  Distric 
Columbia,  or  some  other  committee  of 
House,  to  receive  their  report,  and  to  acce{ 
unanimously.  This  does  equal  justice  to 
parties  in  the  country  j  it  avoids  the  discus 
of  this  agitating  question  on  the  one  h 
and,  on  the  other,  it  pays  a  due  respect 
the  right  of  the  constituent  to  {tetitiou.  ' 
years  afterwards,  similar  petitions  were  pres 
ed,  and  at  that  time  an  cflbrt  made,  without 
cess,  to  do  that  which  has  now  Iteen  done 
ccssfully  in  one  instance.  An  ellbrt  was  n 
to  lay  these  petitions  cm  the  table ;  the  lb 
did  not  accede  to  the  proposition  :  they  r;f(. 
the  petitions  as  they  had  been  before  refer 
and  with  the  same  result.  For,  from  the 
ment  that  these  jietitions  are  referreil  to 
Cimunittee  on  the  District  of  Columbia,  the' 
to  the  family  vault 'of  all  the  CapuKts,'" 
you  will  never  hear  of  yiem  afterwards. 

"  At  the  first  session  of  the  last  Congrci 
gentleman  from  the  State  of  New- York,  a 
tiuguished  member  of  this  House,  now  no  loi 
here,  which  I  regret  to  say,  although  1  do 
doubt  that  his  place  is  well  supplied,  presei 
one  or  more  iK'titions  to  this  effect,  anddeiivi 
tt  long  and  eloquent  speech  of  two  hoius  in  ! 
port  of  them.    And  what  was  the  result  ? 
was  not  answered :  not  a  word  was  said,  hut 
vote  of  the  House  was  taken;  the  petitions  v 
referred  to  the  Committe  on  the  District. 
we  have  heard  nothing  more  of  them  sinco. 
the  same  session,  or  probably  at  the  very 
session,  a  distinguished  member  of  this  II 
from  the  State  of  Connecticut,  presented  on 
more  ])etition8  to  the  same  effect,  and  dec 
in  his  place  that  he  himself  conciured  in  all 
opinions  expressed.     Did  this  declaration 
up  the  flame  of  discord  in  this  House  ?    Sii 
was  heard  with  patience  and  complacency 
moved  the   reference    of  the  i)etitions 
Committee  on  the   District  of  Coliniiliia 
there  they  went  to  sleep  the  slec|)  of  death. 
Adams,  siwaking  from  recollection,  was  [tl 
porter  is  recjuested  by  him  to  state]  mist 
with  rcsi)ect  to  the  reference  of  the  jtoti 
presented  at  the  last  session  of  Congivss  u 
committee.     They  were'  then  for  tlie  lir.>t 
laid  on  the  table,  as  was  the  motion  to 
one  of  them.    At  the  preceding  session  ei 
last  Congress,  lus  at  all  former  times,  all  such 
tious  had  been  referred  to  committees  and  i 
ed  when  so  desire-d.     Why  not  adojit  tin' 
course  now?    Here  is  a  petition  which  hii.« 
already  referred  to  the  Conunittee  on  tiie 
trict  of  Columbia.     Leave  it  there,  and,  \\\\  \ 
for  it,  sir,  you  will  have  just  such  a  result 
taken  place  time  after  time  before.    Voui  ( 
mittee  on  the  District  certainly  is  not  an  aii> 
committee.     You  will  have  a  fit,  proper,  luiJ 
re'port  from  them ;  the  House,  nub  s<lfiiliii. 
adopt  it,  and  you  will  hear  no  more  ubui 


to 


ANNO  18S0.     ANPREW  JACKSON,  rUR«;U)KXT. 


623 


RaUsficd  tbat  the  tnie  ami  only 

.inK  this  subject  out  of. liMMission 

at  course ;  to  refer  all  plitions 

the  Committee  on  the  District  of 

some    other  committee  of    he 
■ivc  their  report,  and  to  accept  i 

This  does  equal  justice   to  nil 
country ;  it  avoids  the  discussmn 
tS  mJe^tion  on    the   one  hand, 
other    it  pays  a  due  respect  to 
Lhe  constituent  to  iietition.     Iwo 
rds,  similar  petitions  were  presont- 
it  time  an  effort  made,  without  suc- 
|,at  which  has  now  been  done  suc- 
ncinsUnce.     An  eftort  «  as  iim.k 
petiti.ms  on  the  table ;  the  House 
le  to  the  proposition  :  they  vM 
I  as  they  had  bei«n  before  rolernd, 

same  result.  For,  from  Ih.  n.n- 
Lhose  petitions  are  nlerrid  t.  Hi. 
>„  the  District  of  Columbia  they  p, 

Iv  vault 'of  all  the  CapuUts,'  a,vl 
verhearofViemaftenvards. 
irst  sessioii  of  the  last  toiii^ross.  a 
"om  theStateof  New-\ork«,.l,v 
member  of  this  House,  now  no  oucu 
TJe^ret  to  say,  althouph  1  do  not 
lis  pFace  is  well  supplied,  prtseuUM 
•c  ^itionstothiscllectand.le.vmd 
Xi.Lt  speech  of  two  hours  1,1  su,. 
.,n     And  what  was  the  result !     U- 
,s  iercd :  not  a  word  was  saul, Imt  tl.« 
louse  was  taken;  thepetitu.u.sweic. 
,  theCommitte  on  the  District,  ;u 
card  nothing  more  of  thein  since  A 
S(m  or  probably  at  the  very  hi^t 
Swished  member  of  this  House 
1  ate  of  Connecticut,  presei.l.a  one  o 
irstothe8ameellect,aii.l.to^ 
:nLthehimselfconc'UTe.l.nalt 

™sed.     Did  this  ;U-clura  urn  M. 
'wofdiscordinthisllou^e?    >-n  h 

with  patience  and  complacency 
Ic    reference    of  the  petitions   to  tli 

e  mi  the   District  of  ColmnLia,  mul 
Iw  ^tt^l  sleep  the  sleep  (.f  death.    Mv. 

Ks;  froin  recollection,  wa.  ItW 
Uu  csted  by  him  to  slate]  mis  ukcn 
E  to  t le  itTerence  of  the  pet.uom 
at  the  last  session  of  Coniiix'ss  to  Hi. 
."' -nHTwerv  then  for  the  lii^ttuuo 
Ke  taXe  as  was  the  motion  to  i-n 
'in     At  the  precedinK  session  otth 
i  !;.  iSat  all  former  times.all  sudi  1^1  ■ 
'  UoiM-  ierred  to  committees  and  vnnt- 
1  c«  I     Whvuot  adopt  llK'sxw 
:f^ntis^Ftitionw4hl«islj,n 
uUred  to  the  Committee  on  the  U.V 

t  lum  ia      lA'aveit  there, and, my  «  '>! 
^rShavejust^suchar^uU>.b^^ 

Tvi    will  have  a  tit,  prop.-.;,  J"  ^^ 


But  if  you  are  to  reconsider  the  vote,  and  to  lay 
these  petitions  on  the  table  ;  if  you  come  to  the 
resolution  that  this  House  will  not  receive  any 
more  petitions,  what  will  be  the  consequence  ? 
In  a  large  portion  of  this  country  every  individual 
member  who  votes  with  you  will  be  left  at  home 
at  the  next  election,  and  some  one  will  be  sent 
ttlio  is  not  prepared  to  lay  these  petitions  on  the 
table." 

There  was  certainly  reason  in  what  Mr.  Ad- 
ams proposed,  and  encouragement  to  adopt  his 
course,  from  the  good  ellect  which  ha<l  ahx-ady 
attended  it  in  other  cases  ;  and  from  the  further 
good  elTect  which  ho  aflirmcd,  that,  in  taking 
that  course,  the  committee  and  the  House  would 
liavc  come  to  the  same  conclusion  by  a  unani- 
mous, instead  of  a  divided  vote,  as  at  present. 
His  course  was  also  confonnablc  to  that  of  the 
earliest  action  of  Congress  upon  the  subject.    It 
nas  in  the  session  of  Congress  of  1789-'90 — be- 
iii<'the  first  under  the  constitution — that  the  two 
nueslions  of  abolishing  the  foreign  slave  trade, 
and  of  providing  for  domestic  emancipation,  came 
kfore  it ;  and  then,  as  in  the  case  of  the  Cain 
Memorial,  from  the  Religious  Society  of  Friends, 
thire  was  discussion  as  to  the  mode  of  acting 
iilion  it— which  ended  in  referring  the  memorial 
tuuspecial  committee,  without  instructions.  That 
comnnttee,  a  majority  b«ingfrom  the  non-slave- 
iioiding  States,  reported  .'igainst  the  memorial  on 
Iwtli  points ;  and  on  the  question  of  emancipation 
in  the  States,  the  resolve  which  the  committee 
Rfoimnended  (after  having  been  slightly  altered 
in  phraseology),  read  thus:    "  7Vta/ Cowy/vas 
hitce  no  aulhorili/  to  inlerfere  in  the  emanci- 
[wdoii  of  slaves,  or  in  the  treatment  of  them 
villiin  any  of  the  Slates ;  it  remuinini^  with 
th(  several  Slates  to  provide  any  rei^nlations 
therein  whirh  hunumity  and  true  policy  may 
Teqkirt."   And  under  this  resolve,  and  this  treat- 
ment of  the  subject,  the  slavery  question  was  then 
quieted;  and  remained  so  until  revi\ed  inourown 
time.  In  the  discussion  which  then  took  place  Mr. 
Madison  was  entirely  in  favor  of  sciidiiig  the  pe- 
tition to  a  committee;  and  thought  the  only  way 
to  pet  up  an  agitation  in  the  country,  would  be 
by  opposing  that  course,     lie  said : 

"The  question  of  sending  the  petition  to  a 
oommittce  was  no  otherwise  important  than  as 


gentlemen  made  it  so  by  their  serious  opposi- 
tion. Had  they  pcnnitted  the  c.miniitmcnt  of 
the  memorial,  as  a  matter  of  course,  no  notice 
would  have  been  taken  of  it  out  of  doors :  it 
could  never  have  been  blown  up  into  a  decision 
of  the  (piestion  respecting  the  discouragement 
of  the  African  slave  trade,  nor  alarm  the  owners 
with  an  ajjprehension  that  the  general  govern- 
ment were  about  to  abolish  slavery  in  all  the 
States.  Such  things  are  not  contemplated  by 
any  gentleman,  but  they  excite  alarm  by  their 
extended  objections  to  committing  the  me- 
morials. The  debate  has  taken  a  serious  turn  ; 
and  it  will  be  owing  to  this  alone  if  an  alarm  is 
created ;  for,  had  the  memorial  been  treated  in 
the  usual  way,  it  would  have  been  considered, 
as  a  matter  of  course ;  and  a  report  might  huve 
been  made  so  as  to  give  general  satisfaction. 
If  there  was  the  slightest  tendency  by  the  com- 
mitment to  break  in  upon  the  constitution,  he 
would  '<bject  to  it:  but  he  did  not  see  upon 
what  nioiind  such  an  event  could  be  appre- 
hended. The  petition  did  not  contemplate  even 
a  breach  of  the  constitution :  it  prayed,  in  gene- 
ral terms,  for  the  interference  of  Congress  so  far 
as  they  were  constitutionally  authorized." 

This  chapter  opens  and  concludes  with  the  words 
of  Mr.  Madison.  It  is  beautiful  to  behold  the 
wise,  just,  and  consistent  course  of  that  virtuous 
and  patriotic  man — the  .same  from  the  beginning 
to  the  ending  of  his  life ;  and  always  in  harmony 
with  the  sanctity  of  the  laws,  the  honor  and  in- 
terests of  his  country,  and  the  peace  of  his  fellow- 
citizens.  May  his  example  not  be  lost  upon 
us.  This  chapter  has  been  copious  on  the  sub- 
ject of  slavery.  .It  relates  to  a  period  when  a 
new  point  of  departure  was  taken  (m  the  slave 
question ;  when  the  question  was  carried  into 
Congress  with  avowed  alternatives  of  dissolving 
the  Union ;  and  conducted  in  a  way  to  show 
that  dissolution  was  an  object  to  be  attained, 
not  prevented  ;  and  this  being  the  starting  point 
of  the  slavery  agitation  which  has  since  menaced 
the  Union,  it  is  right  that  every  citizen  should 
have  a  clear  view  of  its  origin,  progres.s,  and 
design.  From  the  beginning  of  the  Missouri 
controversy  up  to  the  year  ISo.').  the  author  of 
this  View  looked  to  the  North  as  the  point  of 
danger  from  the  slavery  agitation:  since  that 
time  he  has  looked  to  the  South  for  that  danger, 
as  Mr.  Madison  did  two  jears  earlier.  Equally 
oppo.sed  to  it  in  either  quarter,  he  has  opposed  it 
in  both. 


624 


THIRTY  YEARS'  VIEW. 


'vm^ 


CIIAPTTiJR    CXXXVI. 

BEMOVAL  OF  THR  CIIER0KKE3  FUOM  GEORGIA. 

The  removal  of  the  Creek  Indians  from  this 
State  was  accomplished  by  the  treaty  of  182(5, 
and  that  satisfied  the  obligations  of  the  United 
St'»t.cs  to  Georgia,  under  the  compact  of  1802, 
so  far  as  the  Creek  tribe  was  concerned.  But 
the  same  obligation  remained  with  respect  to  the 
Cherokces,  contracted  at  the  same  time,  and 
founded  on  the  same  valuable  consideration, 
namely :  (he  cession  by  Georgia  to  the  United 
States  of  lii-r  western  territory,  now  constituting 
the  two  States  of  Alabama  and  Mississipp'.. 
Antl  twenty-five  years'  delay,  and  under  inces- 
sant application,  the  compact  had  been  carried 
into  elfcct  with  respect  to  the  Creeks ;  it  was 
now  thirty-five  years  since  it  was  formed,  and 
it  still  remained  unexecuted  with  respect  to  liie 
Cherokces.  Georgia  was  impatient  and  impor- 
tunate, and  justly  so,  for  the  removal  of  this 
tribe,  the  last  remaining  obstacle  to  the  full  en- 
joyment of  all  her  territory.  General  Jackson 
was  equally  anxious  to  eflect  the  removal,  both 
as  an  act  of  justice  to  Georgia,  and  also  to  Ala- 
bama (part  o*"  whose  territory  was  likewise 
covered  by  the  Cherokces),  and  also  to  com- 
plete the  business  of  the  total  removal  of  all 
the  Indians  from  the  east  to  the  west  side  of 
the  Mississippi.  It  wa$  the  only  tribe  remain- 
ing in  any  of  the  States,  and  he  was  in  the  last 
year  of  his  presidency,  and  the  time  becoming 
short,  as  well  as  the  occasion  urgent,  and  the 
question  becoming  more  complex  and  difficult. 
Part  of  the  tribe  had  removed  long  before. 
Faction  split  the  remainder  that  staid  behind. 
Intrusive  counsellors,  chiefly  from  the  Northern 
States,  came  in  to  inflame  dissension,  aggravate 
difficulties,  and  impede  removal.  For  climax 
to  this  state  of  things,  party  spirit  laid  hold  of 
it,  and  the  politicians  in  opposition  to  General 
Jackson  endeavored  to  turn  it  to  the  prejudice 
of  his  administration.  Nothing  daunted  by  this 
combination  of  obstacles.  General  Jackson  pur- 
sued his  plan  with  firmness  and  vigor,  well 
seconded  by  his  Secretary  at  War,  Mr.  Cass — 
the  War  Department  being  then  charged  with 
the  administration  of  the  Indian  affairs.  In  the 
autumn  of  1835,  a  commission  bad  been  ap- 


pointed to  treat  with  the  half  tribe  in  G 
and  Alabama.  It  was  very  judiciously  con 
to  accomplish  its  purpose,  being  partly  m 
and  partly  ecclesiastic.  General  Willian 
roll,  of  Tennessee,  well  known  to  all  thv.  Soi 
Indians  as  a  brave  and  humane  warrior,  a 
Reverend  John  F.  Scliermerhom,  of  New- 
well  known  as  a  missionary  laborer,  con 
the  commissiom;  and  it  had  all  the  s 
which  the  President  expected. 

In  the  winter  of  1835-'30,  a  treaty  was 
tiated,  by  which  the  Cherokces,  making 
disposal   of  all   their  possessions  cast  c 
Mississippi,  ceded  the  whole,  and  agreed 
West,  to  join  the  half  tribe  beyond  that 
The  consideration  paid  them  was  ampU 
besides  the  moneyed  consideration,  the, 
large  inducements,  founded  in  views  of 
own  welfare,  to  make  the  removal.    The 
ducements  were  set  out  by  themselves  i 
preamble  to  the  treaty,  and  were  declai 
be:  "A  desire  to  get  rid  of  the  difJculti 
perienced  by  a  residence  within  the  settled 
of  the  United  States ;  and  to  reunite  tluj 
pie,  by  joinintr  those  who  had  crossed  tin 
sissippi ;  and  to  live  in  a  country  beyoi 
limits  of  State  sovereigniiea,  and  wheri' 
could  establish  and  enjoy  a  government  o( 
choice,  and  perpetuate  a  state  of  society, 
might  be  most  consonant  with  their  views,  1 
and  condition,  and  which  might  tend  to  tli 
dividual  comfort,  and  tlieir  advancenunt  in 
zation."  These  were  sensible  reasons  for  (1( 
a  removal,  and,  added  to  the  moneyed  cons 
tion,  made  it  immensely  desirable  to  the  In 
The  direct  consideration  was  five  niillii 
dollars,  which,  added  to  stipulations  to  p 
the  improvements  on  the  ceded  lands — to  ( 
the  expenses  of  removal  to  their  new  liom 
yond  the  Mississippi — to  subsist  them  I'l 
year  after  their  arrival — to  commute  i 
funds  and  annuities — to  allow  pre-eniptioi 
pay  for  reserves — with  soinc  liberal  prai 
money  from  Congress,  for  the  sake  of  (|i 
complaints — and  some  large  departnant 
lowances,  amounted,  in  the  whole,  to  mon 
twelve  millions  of  dollars!    Being  alnu 
much  for  their  single  extinction  of  liidini 
in  the  comer  of  two  States,  as  the  whole 
ince  of  Louisiana  cost !   And  this  in  addit 
seven  millions  of  acres  granted  for  tliei 
home,  and  making  a  larger  and  a  better 


ANNO  1836.    ANDREW  JACKSON,  PRESIDENT. 


625 


•atwiththehalf  trib(?inGcorgm 
It  was  very  judiciously  composed 
its  purpose,  beirg  partly  n"l>^>ry 

.IcBiastic.  General  W.ll.am  Car- 
ssee,weUknownioalUlK  Southern 
brave  and  humane  warnor,  and  tk 
hnF.Sc'aermcrhom,  of  New-York 
a8  a  missionary  laborer  composed 
,iom;  and  it  had  all  the  sneaks 

resident  expected. 

Iter  ofl835-'3G,  a  treaty  was  ncgo. 

hich  the  Cherokecs,  making  dean 

all  their  possessions  east  o    tk 

ceded  the  whole,  and  agreed  to  ,0 

in  the  half  tribe  beyond  that  nvcr 

leration  paid  them  was  ample,  an 
0  moneyed  consideration,  thej  bl 

cements,  founded  in  v.ews  of  tk,: 
re  to  make  the  removal.  Ihm. ,,.. 
,  ;ere  set  out  by  themseWes  ">  the 
to  the  treaty,  and  were,  ecare.1. 
csiretogetridofthedifJcult,cs«. 
by^^sidence  within  the  settled  pans 
.ited  States;  and  to  reunite  thcuij;. 
,i„i„.  those  who  had  crossed  tlu.. 

a".d  to  live  in  a  country  ^o,..    . 

State  sovereignties,  and  where  n 
lablisL  and  enjoy  a  governmen  of  a 
„d  perpetuate  a  state  of  society,  WW 
^n^o'tconsonantwiththeir^Mewsh.!.,. 
iition,  and  which  might  tend  to  tk>nj. 

•omfort,  and  their  advancement  ,uc.v,l;. 

Thescwerc  sensible  reasons  forta; 

a  and,  added  to  the  moneyed  con.>  m- 

e  it  immensely  desirable  to  the  .!,»„. 
,t  consideration  was  five  m.ll.oi. .( 

.vhich.  added  to  stipulations  to  pay  1. 

tments  on  the  ceded lands-todeby 

nsos  of  removal  to  their  new  homes  l^ 

er  their  arrival-to  commute  .cW 
dannuities-to  allow  pre-c-pt--^ 

reserves-with  so.ne  liberal  grant> ;( 
'om  Congress,  for  the  sake  of  4- >J 

T-and  some  large  departnieutu   >!• 
amounted,inthewholeton«.rc.W 

ions  of  dollars!    Being  u.-'H 
rheirsingleextinctionoflu.hu. 

,nier  of  two  States,  as  the  who  P 
'^^lianacostl  And  this  in  a  - 
.illions  of  acres  granted  for  tk.rn 
:"  making  a  larger  and  a  better  ho« 


than  the  one  they  had  left.  Considered  an  a 
nioneyed  transaction,  the  advantage  was  nlto- 
gcther,  and  out  of  all  proportion,  on  the  side  of 
the  Indians ;  but  relief  to  the  States,  and  quiet 
to  the  Indians,  and  the  completion  of  a  wise  and 
humane  policy,  were  Dverruling  considerations, 
which  Rcnctioned  the  enormity  of  the  aTuount 
paid. 

Advantap^us  as  this  treaty  was  to  t'lc  In- 
dians, and  desirable  as  it  Wiis  to  both  parties,  it 
was  earnestly  opposwl  in  the  Senate ;  and  only 
saved  by  one  vote.    The  discontented  i)arty  of 
the  Cherok'ecs,  and  the  intrusive  counsellors, 
and  party  spirit,  pursued  it  to  Washington  city, 
and  organized  an  opposition  to  it,  headed  by  the 
great  chiefs  tlicn  opposed  to  tlio  administration 
of  General  Jackson — Mr.  Clay,  Mr.  Webster, 
and  Mr.  Calhoun.    Immediately  after  the  treaty 
was  communicated  to  the  Senate,  Mr.  Cliiy  pre- 
sented a  memorial  and  protest  against  it  from 
the  "Cherokee  nation,"  as  they  were  entitled  by 
tk  faction  that  protested ;  and  also  memorials 
from  sever?!  individual  Chcrokcea ;  all  which 
were  printed  and  referred  to  the  Senate's  Com- 
mittee on  Indian  Atfairs,  and    luly  considered 
wkn  the  ''itiits  of  tlie  treaty  came  to  be  ex- 
amined.   The  examination  was  long  and  close, 
extending  at  intervals  for  nearly  three  months 
-from  March  7th  to  the  end  of  May — and  as- 
suming very  nearly  a  complete  party  as[)ect. 
On  the  18th  of  May  Mr.  Clay  made  a  motion 
which,  as  disclosing  the  grounds  of  the  opposi- 
tion tc  the  treaty,  deserves  to  be  set  out  in  its 
own  words.    Tt  was  a  motion  to  reject  the  reso- 
lution of  ratification,  and  to  adopt  this  resolve 
iiiits  place:  "That  the  instrument  of  writinp;. 
[lurporting  to  be  a  treaty  concluded  at  New 
Echota  on  the  29th  of  December,  1835,  betwe  !n 
the  United  States  and  the  chiefs,  hes/l  men  and 
people  of  the  Cherokee  tribe  of  Indians,  and  the 
supplementary  articles  thereto  annexed,  were 
not  made  and  concluded  by  authority,  on  the 
part  of   he  Cherokee  trilxj,  competent  to  bind 
it;  and,  I  .lerefore,  without  reference  to  the  terms 
»n(l  conditions  of  the  said  aj^reement  and  sup- 
plementary articles,  the  Senate  cannot  eunsent 
to  and  advise  the  ratification  thereof,  an  a  valid 
treaty,  binding  upon  tlie  Cherokee  tribe  or  na- 
[tion;"  concludin<»  with  a  recommendation   to 
I  the  President  to  treat  a<:;ain  with  the  Cherokees 
lost  of  the  Mississippi  for  the  whole,  or  any  of 
[their  possessiohs  on  this  side  of  that  river. 

Vol.  I.— 40 


The  vote  on  this  resolve  and  recommendation 
was,  29  yeas  to  15  nays;  and  it  requiring  two- 
thirds  to  adopt  it,  it  was,  of  course,  lost.     But  it 
showed  that  the  treaty  itself  was  in  imminent 
danger  of  being  lost,  and  would  actually  be  lost, 
in  a  vote,  as  the  Senate  then  stood.     The  whole 
number  of  the  Senate  was   forty-eight;  only 
forty-four  had  voted.    There  were  four  members 
absent,  and  unless  two  of  these  could  be  got  in, 
and  vote  with  the  friends  of  .the  treaty,  and  no 
one  got  in  on  Uie  other  side,  the  treaty  wa.s  re- 
jected.   It  was  a  close  pinch,  and  made  me  re- 
collect what  I  have  often  heard  Mr.  Randolph 
say,  that  there  were  always  members  to  get  out 
of  the  way  at  a  pinching  vote,  or  to  lend  a  hand 
at  a  pinching  vote.     Fortunately  the  four  ab- 
sent senators  were  classified  as  friends  of  the 
administration,  and  two  of  them  came  in  to  our 
side,  the  other  two  refusing  to  go  to  the  other 
side :  thus  saving  the  treaty  by  one  vote.    The 
vote  stood,  thirty-one  for  the  treaty,  fifteen 
against  it ;  and  it  was  only  saved  by  a  strong 
Northern  vote.    The  y«as  were  :  Messrs-  Benton 
of  Missouri ;   Black  of  Mississippi ;  Brown  of 
North  Carolina;   Buchanan  of  Pennsylvania; 
Cuthbert  of  Georgia ;  Ewing  of  Illiaois ;  Golds- 
borough  of  Maryland;  Grundy  of  Tennessee; 
Hendricks  of  Indiana;  Hubbard  of  New  Hamp- 
shire ;  Kent  of  Maryland  ;  King  of  Alabama  ; 
King  of  Georgia;  Linn  of  Missouri;  McKcan 
of  Pennsylvania ;  Mangum  of  North  Carolina ; 
Moore  of  Alabama ;  Morris  of  Ohio ;  Niles  of 
Connecticut ;  Preston  of  South  Carolina ;  Rives 
of  Virginia ;  Robinson  of  Illinois  ;  Ruggles  and 
Shepley  of  Maine ;  N.  P.  Tallmadge  of  New- 
York;  Tipton  of  Illinois ;  Walker  of  Mississip- 
pi ;  Wall  of  New  Jersey ;  White  of  Tennessee ;. 
and  Wrigh*;  of  New- York — 31.    The  nays  were : 
Messrs.  Calhoun  of  South  Carolina;  Clay  of 
Kentucky ;   Clayton  of  Delaware ;  Crittenden 
of  Kentucky ;  Davis  of  JIassachusetts ;  Ewing  of 
Ohio ;  Leigh  of  Virginia ;  Naudain  of  Delaware , 
Porter  of  Louisiana;    Prentiss   of   Vermont; 
Robbins  of  Rhode  Island ;   Southard  of  New 
Jersey ;  Swift  of  Vermont ;  Tomlinson  of  Con- 
necticut;  and  Webster  of  Massachusetts — 15. 
Thus  the  treaty  was  bai-cly  saved.    One  vote 
less  in  its  fav;)r,  or  one  more  against  it,  and  it 
woidd  have  l)ein  lost.    Two  ineinbers  were  ab- 
sent.   If  either  had  come  in  and  voted  with  the 
opposition,  it  vould  have  been  lost.    It  was 
saved  by  the  fri-e  State  vote— by  the  fourteexu 


\ 


626 


THIRTY  YEARS'  VIFW, 


m 


fire  State  nfflrmativc  votes,  which  precisely  ba- 
lanced niid  neutralized  the  seven  slave  State 
negatives.  If  any  one  of  these  fourteen  had 
voted  with  the  negatives,  or  even  been  absent  at 
the  vott",  the  treaty  would  have  been  lost ;  and 
thus  the  South  is  indebted  to  the  North  for  this 
most  imi.ortint  treaty,  which  completed  the 
relief  of  tie  Southern  States — the  Chickasaws, 
Creeks  and  Choctaws  having  previou^iy  agreed 
to  remove,  and  the  treaties  with  them  (except 
with  the  Creeks)  having  been  ratified  without 
serious  opposition. 

The  ratiPia'ioti  of  this  .  ,v;ty  f  i-  t  k  rp..)oval 
of  the  Cherokicr  was  one  r-f  ih.;  n'  )8t  dift  cult 
and  delicate  qi'estionf  vvhii  ■  .• '  ;'  '  had  to 
manage,  and  in  which  success  ; .  i  iiiied  t  ■•  h  im- 
possible up  to  the  last  moment.  It  ^  ^  a 
Southern  question,  involving  an  extension  of 
Blavery,  and  was  opposed  by  all  three  of  the 
great  opposition  leaders ;  who  only  required  a 
minority  of  one  third  to  make  good  their  point. 
At  best,  it  required  a  good  Northern  vote,  in 
addition  to  the  undivided  South,  to  carry  the 
treaty ;  but,  with  the  South  divided,  it  seemed 
hanlly  possible  to  obtain  the  requisite  number 
to  make  up  for  that  defection  ;  yet  it  was  done, 
and  done  at  the  very  time  that  the  systematic 
plan  had  commenced,  to  charge  the  Northern 
Stati  '  with  a  design  to  abolish  slavery  in  the 
Sout'-.  And  T,  who  write  history,  not  fur  ap- 
plai;  se,  but  for  the  sake  of  the  instruction  which 
it  affords,  gather  up  these  dry  details  from  the 
ncgK'ctcd  documents  in  which  they  lie  hidden, 
and  bi  ing  them  forth  to  the  knowledge  and  con- 
sideration of  all  candid  and  impartial  men,  that 
they  may  see  the  just  and  fraternal  spirit  in 
which  the  free  States  then  acted  towards  their 
brethren  of  the  South.  Nor  can  it  fail  to  be  ob- 
served, as  a  curious  contrast,  that,  in  the  very 
moment  that  Mr.  Calhoun  was  seeing  cause  for 
Southern  alarm  lest  the  North  should  abolish 
slavery  in  the  South,  the  Northern  senators 
were  extending  the  area  of  slavery  in  Georgia 
by  converting  Indian  soil  into  slave  soil :  and 
that  against  strenuous  exertions  made  by  him- 
self. 


!': 


CHAPTER    CXXXVII. 

E.XTENSION  OF  THE  MISSOL'KI  HOrNDAM 

Tins  was  a  measure  of  great  moment  to  Misso 
and  full  of  ditticulties  in  itself,  and  rcquirin 
double  process  to  accomplish  it — an  act  of  C 
gross  to  extend  the  boundary,  and  an  Ind 
treaty  to  remove  the  Indians  to  a  new  hy 
It  was  to  extend  the  existing  boundarx  f"" 
Stn  LC  so  as  to  include  a  ..riangle  between  the 
isung  lin^i  and  the  Missouri  Kiver.  large  enoi 
to  form  seven  coimties  of  the  first  clas.s,  and  I 
tile  enough  to  sustain  the  densest  populati 
The  difticulties  were  threefold :  1.  To  make  s 
larger  a  State  which  was  alrewly  one  of 
largest  in  the  Union.     2.  To  remove  Indii 
from  a  possession  which  had  just  been  assijtr 
to  them  in  jjcrpctuity.     3.  To  alter  the  .Misso 
compromise  line  in  relation  to  slave  territo 
and  thereby  convert  free  soil  into  slave  s( 
The  two  first   ditticulties   were   serious  — t 
third  fonnidable :  and  in  the  then  state  of  t 
public  mind  in  relation  to  slave  territory,  tliisi 
largement  of  a  great  slave  State,  and  by  convc 
ing  five  soil  into  slave,  ami  impniiingthecotniJ 
nii.se  line,  wa.s  an  almost  impossible  undiTtaki 
and  in  no  way  to  be  accomplished  without 
generous  co-operation  from  the  members  u 
free  States.    They  were  a  majority  in  the  1 
of  Representatives,  and  no  act  of  Congress  cm 
pass  for  altering  the  compromise  lino  wit 
their  aid :  they  were  equal  in  the  Senate,  w 
no  treaty  for  the  removal  of  the  Indians  coi 
be    ratified  except  by  a  concurrence  of 
thirds.    And  all  these  difficulties  to  bcov 
come  at  a  time  when  Congress  was  intiai 
with    angry  debates  upon  abolition  petitiu 
transmission  of  incendiary  publications,  iinpti 
designs  to  abolish  slavery ;  and  the  ajiptMi 
of  the  criminatiirg  article  in  South  Cari)liii:i 
titled  the  '"  Crise.s,"  aniiomicing  a  Southern 
vention  and    a  secession  if  certain   Nort 
States  did  not  suppress  the  abolition  socic 
within  their  limits  within  a  liniitijd  time. 

In  the  face  of  all  these  discouraging  ohstai 
the  two  Missouri  senators,  Messrs.  Benton 
Linn,  commenced  their  oiH;rations.    The  i 
step  was  to  procure  a  bill  tor  the  altcratioi 
the  compromise   line  and  the  extension  uf 


ft 


ANNO  1830.     ANDREW  JACKSON,  PREaiDENT. 


627 


CER   CXXXVII. 

jF  THE  MISSOURI  IK.VNnAUY. 
„rc  Of  great  moment  to  Mi^Houn. 

af.es  in  itBclf,  and  reqmnnp  a 
r  accomplish  it-un  act  oUn. 

i  the  boundary,  and  an  Indmn 
vc  the  TndianH  to  a  new  V.mc. 
ll  the  cxiBtinK  bonndu-  c  the 
:Vudea.rian,lcbetwcentheex- 
theMi«BO«riHiver.  urge  enough 
counties  of  tbelirst  class,  and  f.r- 
,utAm  the  densest  population. 

:  rX*v.:  >.■'-* - 

TT  •  2   To  remove  Indians 

;;!:ttlaL  to  .ave  .rrUo., 
Ivert  free  soil  into  slave  so 

.t   difficulties   wore  senous-  he 
1  ;„  the  then  state  of  the 

'*'.uul  vcU.rri.orj.U.is- 

I        ^       i„n  act  of  Congress  could 

|nd  all  these  intla,„cd 

''Tv  T  s'upon  aWition  FtUion. 

hiri'ry    andtheapF^- 
ftboUsh  f'h^^^^y  '  J   Carolina  on- 

'  !«>.  the  abolition  bckicIk. 

I  not  suppress  ^»<^/  . 

,•     t^  «.-itHinahnntA.Hl  tu"»^- 
ir  limits  >Mta>n  a  ,  ^^,,es 

L        r  nit  these  discovnagni]. 


boundary  :  it  was  obtained  from  the  Judiciary 
Committee,  reported  by  Mr,  John  M.  Clayton 
of  Delaware:    and  passed  the  Senate  without 
materiii'  opposition.     Il  went  to  the  House  of 
'  presentativcs;    u^d  found  U  ore  no  ecrions 
^)position  t«)  its  pass.i{re.    A  treaty  was  negoti- 
ted  vith  tlie  Sac  and  Fox  Tndiana  to  whom  tl 
juiitiy  hail  be  i  assigned,  and  was  ratifleu  by 
ilio  reqi'!  Jte  two  thirds.    And  this,  hes'les  do- 
..ig  an  act  of  gi-nerous  justice  to  the  State  of 
Missouri,  was  the  noM    aiiswer  which  Northern 
memlMjr.-  gave  to  the  imputed  dei^ign  of  abolish- 
ing slavery  in  the  States!  actually  extending  it! 
and  by  an  ;uldition  equal  in  extent  to  such  States 
as  Delaware  and  Rhode  Island ;  and  by  its  fer- 
tility equal  to  one  of  the  third  class  of  States. 
And  this  a'"Coinplishcd   by  the  extraordinary 
process  of  altering  a  compromise  line  intended 
to  Ik.'  periKitual,  and  the  reconversion  of  soil  which 
liad  been  slave,  and  made  free,  back  again  from 
fa'c  to  slave.    And  all  this  when,  ha(i  there  been 
the  least  disposition  to  impede  the  proper  exten- 
sion of  a  slave  State,  there  were  plausible  reasons 
(.nough  to  cover  an  opposition,  in  the  serious 
olijcctions  to  enlarging  a  State  already  the  lar- 
gest in  the  Union— to  rcmo  ing  Indians  again 
from  a  home  to  which  they  had  just  been  re- 
moved under  a  national  pledge  of  no  more  remov- 
als—and to  disturbing  the  compromise  line  of 
1820  on  which  the  Missouri  question  had  been 
settled ;  and  the  line  between  free  and  slave  ter- 
ritory lixed  for  national  reasons,  to  remain  for 
ever.    The  author  of  this  View  wa3  part  and 
parcel  of  all  that  transaction — remembers  well 
the  anxiety  of  the  State  to  obtain  the  extension 
-her  joy  at  obtaining  it — the  gratitude  which  all 
fdt  to  the  Northern  members  without  whose 
lid  it  could  not  have  been  done ;   and  whose 
magnanimous  assistance  under  such  trying  cir- 
cumstances he  now  records  as  one  of  the  proofs 
-(this  work  contains  many  others) — of  the  wil- 
lingness of  the  non-slaveholding  part  of  the  Union 
10  be  just  and  generous  to  their  slaveholding 
brethren,  even  in  disregard  of  cherished  prejudices 
and  offensive  criminations.     It  wa«  the  second 
great  proof  to  this  effect  at  this  identical  session, 
the  ratification  of  the  Georgia  Cherokee  treaty 
being  the  other. 


CHAPTER    CXXXVIII, 

ADMISSION    DF  THE  STATKS   OF  ARKANSAS  AND 
MICHIOAN  INTO  THE  UNION. 

TiiKHE  two  young  States  had  applied  to  Congress 
for  an  act  to  enable  them  to  hold  a  convention, 
and  form  State  constitutions,  preparatory  to 
admission  into  the  Union.  Congress  refused  to 
pass  the  acts,  and  the  people  of  the  two  territo- 
ries held  the  convention  by  their  own  authority, 
formed  their  constitutions — sent  copies  to  Con- 
gress, praying  admission  as  States.  They  both 
applied  at  this  session,  and  the  proceedings  on 
their  resi)cctivo  applications  wr  '  T>Mltaneoii3 
in  Congress,  though  in  separat'^  ilh  That  of 
Michigan  was  taken  up  fir.-  an(  .  d  been 
brought  before  each  House  "  j  h  nicstage  from 
the  President  in  these  woti"; , . 

"By  the  act  of  the  11th  of  January,  1805, 
all  that  part  of  the  Indian  '    rriti^ry  lying  north 


of  a  line  drawn  due  '  eaf 


the  southerly 


bend  or  extreme  of  Lake  M.uuigan  until  it  shall 
intersect  Lake  Erie,  and  east  of  a  line  drawn 
from  the  said  southerly  bend,  through  the  mid- 
dle of  said  lake,  to  its  northern  extremity,  and 
thence,  due  north,  to  the  northern  boundary  of 
the  United  States,'  was  erected  into  a  separate 
Territory,  by  the  name  of  Michigan.  The  Ter- 
ritory comprised  within  these  limits  being  part 
of  the  district  "jf  country  described  in  the 
ordinance  of  the  13th  of  July,  1787,  which  pro- 
vides that,  wh'.never  any  of  the  States  into 
which  the  same  should  be  divided  should  have 
sixty  thousand  free  inhabitants,  such  State 
should  be  admitted  by  its  delegates  'into  the 
Congress  of  the  United  States,  on  an  equal 
footing  with  the  original  States  in  all  respects 
whatever,  and  shall  be  at  liberty  to  form  a  per- 
manent constitution  and  State  government,  pro- 
vided ♦he  constitution  and  government  so  to  be 
formed  shall  be  republican,  and  in  conformity 
to  the  principles  contained  in  these  articles,'  the 
inhabitants  thereof  have,  during  the  present 
year,  in  pursuance*  of  the  right  secured  by  the 
ordinance,  formed  a  constitution  and  State 
governmen*.  That  instrument,  loguuier  with 
various  oviier  docuMonts  "jnnected  therewitli, 
has  been  transmitt'.d  to  me  for  the  purpose  of 
being  laid  Iwfore  (  ongrcss.  to  whom  the  power 
and  duty  of  admitting  new  States  into  the 
Union  exclusively  appertains ;  and  the  whole 
are  herewith  communicated  for  your  early  deci- 
sion," 

The  application  was  referred  to  a  select  com- 
mittee, Mr.  Benton  the  chairman ;  and  a  memo- 
rial, entitled  from  the  "  Legislature  of  Michigan," 


628 


THIRTY  YKARS'  VIEW. 


n 


<>:•■,.. 


■i    '^■%       . 

it;'!-"!'    » 


Ai .{       m  "i; 


waH  also  n'feni'd  to  the  same  cominitteo,  thouf^h 
oliji'cU'd  ti)  liy  soine  collators  iu<  |iur|i()rtiii(;  to 
come  from  a  State  which,  an  yet,  hud  no  oxiHt- 
cnco.  lUit  th(!  objwtioii  was  consid'.Tfd  liy 
olhiTs  \M  Iwing  one  of  form — that  it  miglit  he 
considiivd  as  coinin);  from  the  people  of  Michi- 
gan— and  was  nut  even  material  in  that  point 
of  view,  as  tho  question  was  alivady  before  the 
Senate  on  the  President's  Message.  Some 
objection  was  also  made  to  tho  boundaries,  as 
beinj;  too  large,  and  as  trenching  ujion  those  of 
Indiana  and  Ohio.  A  bill  was  reported  for  the 
admission  of  the  State,  in  support  of  which  Mr. 
Benton  said,  the  coniiiiittee  had  included  in  the 
proposed  limits  a  considerable  portion  of  terri- 
tory on  tho  northwest,  and  had  estimated  the 
su|)erficial  contents  of  the  State  at  00,000  8(piarc 
miles.  The  territory  attached  contained  but  a 
very  small  portion  of  Indian  ])Opulation.  It 
was  necessary  to  make  her  large  and  strong, 
being  a  frontier  State  both  to  the  Indians  and 
to  the  British  jiossessions.  It  should  have  a 
large  front  on  Lake  Superior.  The  principal 
points  of  objection,  of  a  permanent  character, 
wciv,  that  the  proceedings  of  the  people  were 
revolutionary,  in  forming  a  constitution  without 
a  jirevious  act  of  Congress ;  and  her  constitution 
iiiconsLstent  with  that  of  the  Unitetl  States  in 
admitting  aliens  to  vote  before  naturalization. 
To  the  first  it  was  answered  that  she  had 
applietl  for  an  act  of  Congress  two  years  ago, 
and  was  denied  by  the  then  do  'lir.ant  party,  and 
that  it  was  contradictory  to  object  to  her,  for 
not  having  that  which  had  been  refused  to  be 
given ;  and  on  the  second,  that  the  .same  thing 
hail  been  done  for  a  quarter  of  a  century.  On 
the  latter  point  Mr.  Buchanan  said: 

"  Michigan  confined  herself  to  such  residents 
and  inhabitants  of  her  territory  as  were  there 
at  the  signing  of  her  constitution  ;  and  to  those 
alone  she  extended  the  right  of  sullrage.  Now, 
we  had  admitted  Ohio  and  Illinois  into  this 
Union ;  two  sister  States,  of  whom  we  ought 
certainly  to  be  very  proud.  He  would  refer  sena- 
tors to  the  provision  in  the  constitution  of  Ohio 
on  that  subject.  By  it,  all  white  male  inhabit- 
ants, twenty-one  years  of  age.  or  upwards, 
having  resided  on»^  year  in  the  State,  are  entitled 
to  vote.  Michigan  had  made  the  proper  dis- 
tinction ;  she  had  very  properly  confined  the 
elective  franchise  to  inhabitants  within  the  State 
at  the  time  of  the  adoption  of  her  constitution  ; 
but  Ohio  had  given  the  right  of  .suffrage  as  to 
ail  future  time  to  all  her  white  inhabitants  over 
the  ago  of  twenty-K>De  years }  a  case  embracing 


all  time  to  come,  and  not  limited  as  in  tho  c 
stitution  of  Michigan,  lie  had  understood  tl 
since  the  adoption  of  her  constitution,  Ohio  1 
repealed  this  provision  by  law.  lie  did 
know  whether  this  was  so  or  not ;  but  here 
was,  as  plain  as  the  English  language  co 
make  it,  that  all  the  white  male  inhabitants 
Ohio,  al>ove  tho  age  of  twenty-one  years,  w 
cntitle<l  to  vote  at  her  elections.  Well,  wl 
had  Illinois  done  in  this  matter?  He  wui 
ri'ttd  an  extract  from  her  constitution,  by  wli 
it  would  apiwar  that  only  six  months'  previ( 
residence  was  required  to  acquire  the  right 
suflrage.  The  constitution  of  Illinois  v 
therefore  still  broader  and  more  libi'ral  tl 
that  of  Ohio.  There,  in  all  elections,  all  wl 
male  inhabitants  above  the  age  of  twenty-( 
years,  having  resided  in  the  Slate  six  iiKini 
previous  to  the  election,  shall  enjoy  the  rigl 
of  an  elector.  Now,  sir,  it  had  been  made  a  in 
ter  of  preference  by  settlers  to  go  to  1  llini 
instead  of  the  other  new  States,  where  tli 
must  become  citizens  before  they  could  vol 
and  he  ap|H>aled  to  the  senators  from  lljin 
whether  this  was  not  now  the  case,  and  wlicll 
any  man  could  not  now  vote  in  that  State  all 
a  six  months'  residence. 

"[Mr.  Robinson  said  that  such  was  the  fao 
"Now,  hero  were  two  constitutions  of  Stat 
the  senator  fron»  one  of  which  was  most  sii 
nuously  opposed  to  the  admission  of  Micliij;! 
who  had  not  extended  the  right  of  sutl'r,i);i' 
far  as  was  done  by  either  of  them.     Did  Mirl 
gan  do  right  in  thus  fixing  the  elective  fn 
chisc?     He  contended  that  she  did  act  liii' 
and  if  she  had  not  acted  so,  she  would  not 
acted  in  obe<lience  to  the  spirit,  if  not  tin- 
letter,   of   the   ordinance   of    1787.    Mid 
took  the  right  ground,  while  the  States  of 
and  Illinois  went  back  in  making  iH'rjK-tiia 
their  constitution  what  was  contidiieil  in 
ordinance.    When  Congress  admitted  tliuin 
Indiana  on  this  principle,  he  thought  it 
ungracious  in  any  of  their  senators  or  n 
sentatives  to  declare  that  Michigan  shoiili 
be  admitted,  because  she  has  extended  tlu' i 
of  suflrage  to  the  few  persons  within  hei 
at   the  adoption  of  her  constitution,     lie 
inclined  to  go  a  good  deal  further  into  this 
Ject;but  as  he  was  exceedingly  anxious 
the  decision  should  be  made  soon,  he  wouii 
extend  his  remarks  any  further.     It  »|i|k:i 
to  him  that  an  amendment  might  very  wdl 
made  to  this  bill.  re<|uiring  that  the  assent 
the  people  of  Michigan  shall  Ik'  jjiiven  t" 
change  of  Itoundary.     lie  <lid  ho])e  tliat  \ts 
bill  all  objections  would  be  removed;  ami 
this  State,  fo  ivady  to  nish  into  our  arms,  ui 
not  be  repulsed,  because  of  the  absenof  <if  > 
formalities,  which,  perhaps,  were  very  jin 
but  certainly  not  indispensable. 

On  the  other  point,  that  of  a  revolution 
movemcut,  Mr.  Buchanan  answered: 


If 


lilt  I 

nil 


ANNO  1836.    ANDREW  JACKSON,  PRFMDKNT. 


G29 


n    lie  hn<l  vin«UT8too(  urn 
„vU.on  ^'y  '*;,;.  but  hire  it 

resided  m  ^^«  ,f  l^o/ the  riul.t. 
selection   «han  en  ojj^j^^j;^^^^, 

^''\  "'-'e  tlcrH  to  go  to  lUin.,.. 
e  other  n«^^  Stag  ^        ^^^ .. 

"^•^•^  rl;ow"th:f:a"^'S^vheO. 
irr-w  vote  iu  that  Stut.aiu> 

i'  residence.  j^,^.  f,,^,  -j 

rcweretwocw  ^^^^.^  ^j^,. 

IVoui  one  of  >N    en  ^^.^^.  ^^^ 

,osedtothcadnus^^'^\^r^,^l^^^^^^^^^ 
.textciidcdthc    V^^  .^^^,..,.,. 

|loncbye.thorofth  J^^ 

'tinthx.sfix2;edidactvv,h.; 
,contendodthat  B^         ^j^^^^^,^^^^. 

edience  tothosi       -  ^lidu^uii 

[the   or-hnan^    >f^;j.,,^^,,,,n.l>io 

''\KSTn  -linM-nK.t.al  u 
.  went  b»cK  ">  c..nt»iuia  m  llit 

ilntion  what  ^f  J  'iu.aUauKUi.l 

in  »ny  "^ S  Michiiian  shouWimi 
ko  declare  ^  'f  .  ^Jj^'Su'd  tlu^  vi,l>. 
d,  because  «»»«J^;f,,*-^;  t,,,,.  hev  limu^ 
^»>^'»^ 'rhrc- St  '\V>ou.  UelUt 
k'*'"      ,1  leaHurth.rint..this.;il^ 

n  should  be  "»«;^   «  ;'  ''  t  .vi^'''>-> 
,  remarks  any  iuitUir.  '    j,  ,,^, 

tananu-udnK:utnu^>t      .  ^. 

tofMichi^an^h;;    ;;;;«:,,,,, 

llHJundary.   ,V^/'  ,,'  ,  vcd;  uivltliui 

ply  not  indisiK'nsable. 

•  ♦  flmt  of  a  rcvolutionaiy  ] 
I  other  point,  that  01  a 
iMr.  liuchauananswcrea. 


"I  think  their  course  is  clearly  justifiable; 

but  if  there  is  any  thinpj  wronp  or  unusual  in 

it,  it  is  to  Ix*  attributed  to  tho  neglect  of  Con- 

;rrt's^4.     For  three  years,  they  liavc  Injen  rapping 

lit  your  door,  and  nskiu};  for  tho  consent  of  Con 

^ris-(  to  form  a  constitution,  and  for  admission 

into  tlie  Union;  but  their  petitions  have  not 

Imii  liivded,  and  have  been  treated  with  neglect. 

Not  heinn  able  to  be  admitted  in  the  way  they 

Miiijrlit,  they  have  U'en  forced  to  take  tlieir  own 

cDiw-e,  and  stand  \\\h»\  their  rights — riglits  se- 

cini'ii  to  them  by  the  constitution  and  a  solemn 

iiri'|H'alabIe  ordinance.     They  have  taken  the 

tt'iisus  of  the  tiiritory ;    they  have  formed  a 

(•(institution,  electwl  their  ofllcers,  and  the  whole 

luiichinery  of  a  State  government  is  ready  to  be 

|iut  in  oiieration :  they  are  only  awaiting  your 

iii'tiou.    Ilaving  assumed  this  attitude,  they  now 

(K'Miand  admission  as  a  matter  of  right:  they 

(k'liiaud  it  as  an  act  of  justice  at  your  hands. 

.\iv  tliey  now  to  be  reiK-lIed,  or  to  be  told  that 

tiny  must  retrace  their  steps,  and  come  into  the 

I  nioii  in  the  way  they  at  first  sought  to  do,  but 

iMiilil  not  obtain  the  sanction  of  Congress  ?    Sir, 

1  fear  the  consetiuences  of  such  a  decision;  1 

tniiilile  at  an  act  of  such  injustice." 

The  bill  jMissc*!  the  Senate  by  rather  a  close 
viite — twenty-four  to  eighteen  ;  the  latter  being 
all  senators  in  the  opposition.    It  then  went  to 
liiL'  Ibni.se  of  Representatives  for  conctirrence. 
Fniin  the  time  of  the  admission  of  new  States, 
it  i>ad  been  the  practice  to  admit  a  free  and 
(ilave  State  together,  or  alternately,  so  as  to 
kit'p  up  a  numerical  equilibrium  between  them 
—a  j)racticc  resulting  from  some  slight  jealousy 
existing,  fiom  the  beginning,  between  the  two 
classes  of  States.    In  1820,  when  tho  Missouri 
controversy  inflamed  that  jealousy,  tho  State  of 
Massachusetts  divided  herself  to  furnish  terri- 
tory for  the  formation  of  a  new  free  State 
(Maine)  to  balance  Missouri ;  and  the  acts  of 
Congress _/br  the  admission  of  both,  were  passed 
contcmpotu  /jously,  March,  1820.    Now,  in  183<), 
when  the  slave  question  again  was  much  in- 
flamed, and  a  State  of  each  kind  to  be  admitted, 
llie  proceedings  for  that  pur{K>se  were  kept  as 
nearly  together  a.s  possible,  not  to  include  them 
in  the  same  bill.    The  moment,  then,  that  the 
.Michigan  bill  had  passed  the  Senate,  that  of 
Arkan.sa8  was  taken  up,  under  the  lead  of  Mr. 
Buchanan,  to  whom  the  Arkansas  application  had 
been  confided,  as  tha  t  of  M  ichigan  had  been  to  M  r. 
Benton.    This  latter  senator  alluded  to  this  cir- 
cuni.it;u;cc  to  show  that  the  people  of  these  yoimg 
States  had  no  fear  of  trusting  their  rights  and 
interests  to  the  care  of  senators  differing  from 
themselves  on  the  slavery  question.    He  said : 


"It  was  worthy  of  notice,  that,  on  tho  pri'- 
sentation  of  these  two  greiit  (|iu'stions  {or  the 
ailmission  of  two  Slates,  the  people  of  those 
States  were  so  slightly  al!ecl«Mi  by  tlii>  exer- 
tions that  lr»d  lieen  made  t<»  disturl»  and  ulcer- 
ate the  public  mind  on  the  subject  nf  slavery, 
as  to  put  them  in  tlie  hands  of  senators  who 
miglit  Ik<  sup|K>sed  to  entertain  opinions  on  that 
s>ibject  ilillerent  IVom  thosi'  held  by  tlie  Stattis 
whose  interests  they  were  charged  with.  Thus, 
the  |H'ople  of  Arkansas  had  put  their  application 
into  tlie  hands  of  a  gintlenian  representing  a 
non-slaveholding  State;  and  the  i)eople  of  Michi- 
gan had  put  their  application  into  the  hands  of 
a  senator  (himself)  coming  fnuu  a  State  where 
the  institutions  of  slavery  e.xisteil ;  allurding  a 
most  bi'autiful  illustration  of  the  total  impo- 
tence of  all  attempts  to  agitate  and  ulcerate  tho 
|)ublic  mind  on  the  worn-out  subject  of  slavery, 
lie  woidd  further  take  occasion  to  say,  that  the 
aliolition  question  si-emed  to  have  diet!  out ; 
there  not  having  been  a  single  presentation  of  a 
petition  on  that  subject,  since  the  general  jail 
delivery  ordered  by  the  Senate." 

Mr.  Swift,  of  Vermont,  could  not  vote  forth© 
admi.ssion  of  Arkansas,  because  the  constitution 
of  the  State  sanctione<l  periictual  slavery  ;  and 
said : 

"That,  although  he  fi-lt  every  disposition  to 
vote  for  the  admission  of  the  new  State  into  the 
Union,  yet  thei-e  were  o|)erative  reasons  under 
which  he  must  vote  against  it.  On  looking  at 
the  constitution  sid>mitted  by  Arkansas,  he  found 
that  they  had  made  the  institution  of  slavery 
peiiKJtual ;  and  to  this  he  could  never  give  his 
as.sent.  He  did  not  mean  to  oi)pose  the  pas.sage 
of  the  bill,  but  had  mei-ely  risen  to  exi)luin  the 
reasons  why  he  coidd  not  vote  for  it." 

Mr.  Buchanan  felt  hini.self  bound  by  the  Mis- 
souri compromise  to  vote  for  the  admission,  and 
pointed  out  the  ameliorating  feature  in  the  con- 
stitution which  guaranteed  the  right  of  jury  triala 
to  slaves ;  and  said : 

"That,  on  the  subject  of  slavery,  this  constitu- 
tion was  more  liberal  than  the  constitution  of 
any  of  the  slaveholding  States  that  had  been  ad- 
mitted into  the  Union.  It  preserved  the  very 
words  of  the  other  constitutions,  in  regaixl  to 
slavery ;  but  there  were  other  provisions  in  it  in 
favor  of  tho  slaves,  and  among  them  a  provision 
which  secured  to  them  the  right  of  trial  by 
jury ;  thus  putting  them,  in  that  particular,  on 
an  equal  footing  with  the  whites.  He  consider- 
ed the  comproini.se  which  had  been  made,  when 
Mis.souri  was  admitted  into  the  Union,  as  having 
settled  the  question  ns  to  slavery  in  the  new 
South  Western  States;  and  thecommittiH;,  there- 
fore, did  not  deem  it  right  to  interfere  with  the 
I  question  of  slavery  in  Arkansas." 


mm 


630 


THIRTY  YEARS*  VIEW. 


Mr.  rrcntiRd,  of  Vermont,  opi)oflcd  the  odmis- 
aion.  oti  account  of  tlie  "  rvvolntionary  "  inunnor 
ill  which  tlif  Sutv  had  held  her  runvcntion,  with- 
out the  nuthoriMtion  of  n  previous  act  of  Con- 
grcBH,  and  liocmmc  her  constitution  had  ^ivcn 
IKTiK'tuiil  winction  to  nlavery  ;  and,  referring  to 
the  rea.son<4  which  induced  him  to  voto  againNt 
the  adniisflion  of  Michigan,  said: 

"  That  he  muMt  alxo  vote  ogninNt  tlioorhnlRKion 
of  ArkuiiHas.  lie  viewed  the  movementri  of 
thcHo  two  territuries,  with  regard  to  their  ad- 
niiHsion  into  the  I'nion,  as  decidedly  revolution- 
ary, forming  their  eouNtitution  without  the  pro- 
vidiiH  consent  of  C'ongre.sH,  and  im|)ortunately 
knocking  at  its  doorH  fur  atlmission.  The  ol>- 
jections  he  had  to  the  adniisHion  of  Arkansas, 
particularly,  were,  that  she  had  formed  her  coit- 
Btitution  without  the  previous  assent  of  Con- 
gress, and  in  that  constitution  had  made  slavery 
|)er|)etual,  us  noticed  by  his  colleague.  He  re- 
gretted that  he  was  compelled  to  voto  against 
this  bill ;  but  he  could  not,  in  the  discharge  of 
his  duty,  do  otherwise." 

Mr.  Morris,  of  Ohio,  spoko  more  fully  on  the 
objectionable  point  than  other  senators,  justifying 
the  right  of  the  people  of  a  territory,  when 
amounting  to  00,(K)(»tomcet  and  form  their  own 
constitution — regretting  the  slavery  clause  in 
the  constitution  of  Arkansas,  but  refusing  to 
vote  against  her  on  that  account,  as  she  was  not 
restrained  by  the  ordinance  of  1787,  nor  had 
entered  into  agreement  against  slavery.  lie 
said: 

"  Before  I  record  my  vote  in  favor  of  the  passage 
of  the  bill  under  consideration,  I  must  ask  the 
indulgence  of  the  Senate  for  a  moment,  while  I 
offer  a  few  of  the  reasons  which  govern  me  in 
the  vote  I  shall  give.  Being  one  of  the  repre- 
eentatives  of  a  free  State,  and  believing  slavery 
to  be  wrong  in  principle,  and  mischievous  in 
practice,  I  wish  to  be  clearly  understood  on  the 
subject,  both  here  and  by  those  I  have  the  honor 
to  represent.  I  have  objections  to  the  constitu- 
tion of  Arkan.sas,  on  the  ground  that  slavery  is 
recognized  in  that  constitution,  and  scttlcii  and 
cstal)lished  as  a  fundamental  principle  in  her 
government.  I  object  to  the  existence  of  this 
principle  forming  a  part  of  the  organic  law  in 
any  State ;  and  I  would  vote  against  the  admis- 
sion of  Arkansas,  as  a  member  of  this  Union, 
if  I  believed  I  had  the  power  to  do  so.  The 
wrong,  in  a  moral  sense,  with  which  I  view 
slavery,  would  be  suflicient  for  me  to  do  this, 
did  I  not  consider  my  political  obligations,  and 
the  duty,  as  a  mem))er  of  this  body,  I  owe  to 
the  constitution  under  which  I  now  act,  clearly 
require  of  me  the  vote  I  shall  give.  I  hold  that 
any  portion  of  American  citizens,  who  may  re- 
eide  ou  u  portion  of  the  territory  of  the  United 


States,  whenever  their  numliers  shall  ainouni 
that  which  would  entitle  them  t<>  a  represii 
tion  in  the  IIouhc  of  llepresentalives  in  (' 
gress,  have  the  right  to  provide  fortlifiniteivt 
constitution  and  Stnic  govcrnnu-nt.  and  to 
admitted  into  the  I'nion  whenever  titey  sluill 
apply;  antl  they  are  not  ImxhhI  to  wait  tlic 
tion  of  Congress  in  the  tirst  instance,  exr 
there  is  r.omo  compact  or  ogreement  re(|iiir 
them  to  do  so.  I  place  this  right  upon 
broad,  and,  I  consider,  indisputab.e  ground,  tl 
all  (lersons,  living  within  the  jurisdiction  of 
United  States,  are  entitled  to  equal  privileg 
and  it  ought  to  be  matter  of  high  gratitlcat 
to  i»5  here,  that,  in  every  portion,  even  the  in 
remote,  of  our  country,  our  |K-ople  are  an\i( 
to  obtain  this  high  privilege  at  as  early  u  day 
possible.  It  furnishes  clear  proof  that  the  In 
IS  highly  esteemed,  and  has  its  foundation  <li 
in  the  hearts  of  our  fellow-citizens. 

"  By  the  constitution  of  the  United  Ntnl 
power  is  given  to  Congress  to  admit  new  Stu 
into  the  Union.  It  is  in  the  character  o 
State  that  any  portion  of  our  citizens,  inhnhit 
any  jwirt  of  the  territory  of  the  United  Stiil 
mast  apply  to  Ik>  admitted  into  the  I'ninn 
State  government  and  constitution  n  imi  flr-t 
fonned.  It  is  not  necessary  for  the  pomr 
Congresf!,  and  I  doubt  whether  t^)ngre^H  j 
such  i)0wer,  to  prescrilK;  the  iixnle  by  wiiich  I 
people  shall  form  a  State  constitution  ;  and,  i 
this  plain  reason,  that  Congress  would  lie  c 
tiivly  incompetent  to  the  exercise  of  nny  oicrri 
|K)wer  to  carry  into  etlect  the  mode  they  mi; 
prescribe.  I  cannot,  therefore,  vote  tt;:ain.st  i 
admission  of  Arkansas  into  the  Union,  on  i 
ground  that  there  was  no  pivvioiis  act  i)f  (' 
grass  to  authorize  the  holding  of  hereon  vonti 
As  a  member  of  Congress,  I  will  not  look 

{'ond  the  constitution  that  has  heen  puMiit 
have  no  right  to  presume  it  was  formed  liy 
competent  persons,  or  that  it  does  not  fully  ^ 
press  the  opinions  and  wishes  of  the  |ieo[il 
that  country.     It  is  true  that  the  United  Sta 
shall  K /..iranteo  to  every  State  in  tliernio 
republican  form  of  government :  meaning,  in 
judgment,  that  Congress  shall  not  |»erniit ; 
power  to  establish,  in  any  State,  a  govemnn 
without  the  ossent  of  the  people  of  sue'i  Sta 
and  it  will  not  be  amiss  that  we  reiiieinlKT  In 
also,  that  that  guaranty  is  to  the  State,  and 
as  to  the  formation  of  the  government  liy 
people  of  the  State;  but  should  it  he  ailmit 
tluit  Congress  con  look   into  tl."  con.stitiit 
of  u  State,  in  onler  to  ascertain  its  ehaiac 
l)efore  such  State  is  admitted  into  the  IJii 
yet  I  contend  that  Congress  cannot  object  t( 
for  the  want  of  a  republican  form,  if  it  eonta 
the  great  principle  that  all  power  is  iidieniit 
the  jieople,  and  that  the  government  drew  all 
just  powers  from  the  governed. 

"The  people  of  the  territory  of  Arl^-m 
having  formed  for  themselves  u  State  govt 
ment,  having  presentcil  their  constitution 
admission  into  the  Union,  and  that  coniititui 


ANNO  183«.    ANDUKW  JACKSON,  IMIRSIDENT. 


631 


,1 " ntitW  then  t..  a  ii-priHrnU. 

ar"  not  Um^d  to  wa.l  th.  ac- 
H  in  the  tlFKt  instunco,  vxnyi 
compa.t  or  «pi'i.n»;nt  re.i.nn,.« 
,      iTla^e  thU  ri«Ut  ni...n   U.e 
■n«i.U.r,  in.liHl.ula1.;e  ur.»un.l  I  hat 
rwit.inthojuriH.l.ct.onofthc 
afe  onf.tlcl  to  cq««»  rriv.h>TSi 
0  te  inMtor  of  high  gn»  -tkn  urn 
t  in  every  portion,  even  the  n.o^t 
'itry.Vur  IKople  .^rc  an^^^^^^^^ 
I ;  ,u  tuiviU'ire  at  as  early  a  dn)  ll^ 
;S£ciea'rpnK,rthat^ 

rtociVresstoaan/anowSt;^^^^^ 
ion  i^ in  the   chamet^r. ..t  . 

V  r^rtion  of  '"T  '•iti*^'"^*.  '"^;«»">"V 
♦irSrUory  of  the  Vuite.  StnUs, 
to  li  Sn  t\ea  into  the  Inu-n.  a 
,lnJ  and  constitution  n.uHttuMt. 
U  not  necessary  for  the  pow.nf 

„al  d»"!;^^.X  Hlehvrvl.uhtk. 
KaStatec..«stitMt.ou;m.,l,fur 
lorm  tt  '        Concresa  would  ho  hi- 

"""f ".?.'  to  Jhe  e^rcise  of  any  coniv. 

^  I  cannot,  therefon;,  vole  a^au.M  .. 
,fSanUsintotheln,uno..     V 

\\    _«  «-na  no  DR'Vious  net  ol  i '« 

Ursonsortl^at't^i^     ^,^^^^,    ;^^^ 

rTi.  trt  'mi  tl-  y-]}^'\:^^^- 
r»  tnoverv  state  in  thulinona 
l"^*^    rrvSment:  n.eanin);.  in  my 

tlmt  tonprt^s  „ovmiiueiit 

B  assent  of  t»\\ PJ^f^        ,,„u.r  l.ci., 
not  be  "^'"'^^^^fji,. 'state,  mul  m. 

.     ■  1    fLot  nil  Dower  IS  uihercnl  n 


bcinit  republican  in  its  form,  and  believing  that 
the  |M.>oplu  who  pi-e|Mkred  and  Ki>nt  tliis  coiiHtilu- 
tion  here  are  sutlleieiitly  nunierouH  to  viititle 
thoni  to  a  repi-esentativo  in  Con^rresH,  mid  hi>- 
iiuving,  alHo,  tliat  ConpresH  hoN  no  riglit  or  ptuver 
ti)  reKuiatu  the  syHteiii  of  police  tiiese  |K'(jp!c 
have  e.«tal)liMh«>d  for   theinsclve'',  and    tiie   or- 
dinance of  1787  not  opi-rutinK  on   them,  nor 
have  they  entered  into  any  a^ixenient  witli  the 
United  StiiteH  that  ulavery  should  not  be  adniit- 
ti'd  in  their  State,  have  tlie  right  to  chooso  this 
lot  for  tlieinsclves,  though  I   regret  that  they 
made  this  choice.     Yet,  tjelieving  that  this  gov- 
ernment has  no  right  to  interfere  with  the  ques- 
tion of  «lavery  in  any  of  the  States,  or  prcscriln' 
what  shall  or  shall  not  bu  cousiderud  pro|M>rty 
in  liie  ditlerent  States,  or  by  what  tenure  pro- 
perty of  any  kind  shall  Ix^  holden,  but  that  all 
these  are  exclusively  questions  of  State  policy, 
I  cannot,  as  n  member  of  this  body,  n*fu80  my 
vote  to  admit  this  Slate  into  the  Union,  because 
Ikt  constitution  rccognizcH  tho  right  and  exist- 
ence of  slavery." 

Mr.  Alexander  Porter,  of  Louisiana,  would 
vote  against  the  admission,  on  account  of  the 
'•revolutionary"  proceedings  of  the  people  in 
the  formation  of  their  constitution,  without  a 
previous  act  of  Congress.    It  is  believed  that 
Mr.  Clay  voted  upon  the  same  ground.     There 
were  hut  six  votes  against  the  admission ;  name- 
ly: Mr.  (^Iny,  Mr.  Knight  of  Rhode  Island,  Mr. 
I'drter,  .Mr.  Prentiss,  Mr.  Robbins  of  Rhode 
Manil,  and  Mr.  Swift     It  is  believed  that  Mr. 
Uobbins  and  Mr.  Knight  voted  on  tho  same 
pround  with  Mr.  Clay  and  Mr.  Porter.     So,  the 
bill  was  easily  passed,  ond  tho  two  bills  went 
topether  to  the  House  of  Representatives,  where 
they  gave  ri.«c  to  proceedings,  the  interest  of 
which  still  survives,  and  a  knowledge  of  which, 
therefore,  becomes  necessary.     Tho  two  bills 
were  made  the  special  order  for  the  same  day, 
Wednesday,  the  8th  of  June,  Congress  being  to 
adjourn  on  the  4th  of  July ;  and  tho  Michigan 
bill  having  priority  on  the  calendar,  as  it  had 
first  passed  the  Senate,     "^^r.  Wise,  of  Virginia, 
on  the  announcement  of  tli.   Michigan  bill,  from 
the  chair,  as  tho  business   tioforo  the  House, 
moved  to  postpone  its  consid'  ration  until  the 
ensuing  Monday,  in  order  to  proceed  with  the 
Arkansas  bill.    Mr.  Thomas,  of  Maryland,  ob- 
jected to  the  motion,  and  said : 

'•  He  would  call  the  attention  of  the  House  to 
the  position  of  the  two  bills  on  the  Speaker's 
table,  and  endeavor  to  show  that  this  postpone- 
ment is  entirely  unnecessary.  These  bills  are 
from  the  Senate.    By  the  rules  of  this  House, 


two,  I  may  say  thri'e,  t<uestions  will  arise,  to 
lie  dft'idcd  before  they  can  I>eeoiiie  a  law,  so  far 
as  this  lliiiiH(!  is  coiicirnct .      Wo  must  first 
ordir  I'lieh of  thoe  bills  to  1m  read  a  thinl  time ; 
the  next  (lueHlion  then  w'!l  be.  whi  ii  shall  tho 
bill  bv  read  a  third  time  7     And  the  last  ((uestion 
to  be  decided  will  lie,  sliall  the  bill  iitiss  1     Why, 
then,  should  Southorn  iiii'ii  now  miiKi'  un  effort  to 
give  piX'cechnce  to  the  bill  for  the  admission  of 
ArkaiLsas  into  the  Union  ?    If  they  manifest  dis- 
trust, must  we  not  exju-ct  that  fi-ars  will  be  enter- 
tained by  Northern  memliers,  that  univasonablo 
op])Osition  will  l)cmade  to  the  admission  of  Michi- 
gan ?     Let  us  proceed  harmoniously,  until  wo 
find    that  our  harmony  must  lie   inlerrupted. 
We  shall  lose  nothing  by  so  doing.     If  a  ma- 
jority of  the  House  1h>  in  favor  of  reading  a 
third  time  the  Michigan  bill,  they  will  order  it 
to  lie  done.     After  tluit  vote  has  W-en  taken,  wo 
can  refuse  to  read  the  bill  a  third  time,  go  into 
Committee  of  the  Whole  on  the  stale  of  tho 
Union,  then  consitler  the  Arkansas  bill,  report  it 
to  tho  House,  order  it  to  Ik;  read  a  third  time,  and 
in  this  order  prociH'd  to  read  them  each  a  third 
time,  if  a  majority  of  the  House  be  in  favor'  Tthat 
pr(x:eeding.     Let  it  not  be  said  that  Southern 
men  may  be  taken  by  surprise,  if  the  proceeding 
here  respectfully  recommended  lie  adopted.     If 
the  friends  of  Arkansas  are  suflicieiitly  numer- 
ous to  carry  now  the  motion  to  jiostpoiie.  they 
can  arrest  at  any  time  the  action  of  the  House 
on  the  .Michigan  bill,  until  clear  uiidubitable  in- 
dications  have  been  given  that  the  AMissouri 
compromise  is  not  to  be  disregarded." 

The.se  latter  words  of  Mr.  Thomas  revealed 
the  jMjint  of  jealousy  between  some  Southern 
and  Northern  members,  and  brought  the  observ- 
ance of  the  Missouri  compromise  fully  into  view, 
as  a  question  to  be  tried.  Mr.  Wise,  after  some 
remarks,  modified  his  motion  by  moving  to  re- 
fer both  bills  to  the  Committee  of  the  Whole 
<m  the  state  of  the  Union,  wt-h  instructions  to 
incorporate  tho  two  bills  in  o  one  bill.  Mr. 
Patton,  of  Virginia,  oii])Osed  tnc  latter  motion, 
and  gave  his  reasons  at  length  against  it.  If  his 
colleague  would  so  modify  his  motion  as  to  move 
to  refer  both  bills  to  the  Committee  of  tho 
Whole  House,  without  the  instructions,  ho 
would  vote  for  it.  Mr.  Bouldin,  of  Virginia, 
successor  to  Mr.  Randolph,  said : 

"  He  agreed  with  his  colleague  [Mr.  Pattonj  in 
a  fact  too  plain  for  any  to  overlook,  tlmt  iioth 
bills  must  be  acted  on  separately,  an!  Uiut  one 
must  have  the  preference  in  point  of  time. 
Michigan  had  it  at  that  time — he  wis  j  vvIHish;  it 
should  hold  it.  His  colleague  (Mi  Patton] 
seemed  to  think  that  in  the  incipient  steps  in  re- 
lation to  this  bill,  it  would  be  well  enough  to 
suffer  Michigan  to  bold  her  present  pot^ition; 


632 


THIRTY  YKARS'  VI KW. 


if  i  }    " 


but  that,  liffoie  the  final  passajio  of  the  bill,  it 
would  bo  will  to  require  of  tlie  House  (or rather 
of  tho  non-iilaveiiol(ling  jwrtiouof  the  rniou)  to 
irive  Home  unequivocal  puuranty  to  tlie  South 
that  no  (iiliiculty  world  be  iiiised  as  to  the  n-- 
ception  of  Arkansas  in  repanl  to  nejrro  slavery. 
Mr.  B.  was  willing;  to  go  on  with  the  bill  for  the 
admission  of  Michigan.  He  had  the  most  im- 
plicit confidence  in  the  House,  particularly  nl- 
ludinsr  to  the  non-slavcholdiu};  ])art  of  the  I'nion, 
that  no  serious  lifliculty  would  be  made  as  to 
theadm'isiou  of  Arkansas  in  n^gard  to  nepo 
slavery.  If  there  were  any  serious  diflicidties 
to  be  r.;ised  in  the  House  to  the  admission  <>f 
Arkansas,  upon  the  uronnd  of  nejrro  .-lavery,  he 
wished  inmi'diate  notice  of  it.  If  histMufidence 
WHS  misplaccil,  he  ^^islu■d  to  be  corrected  as  soon 
and  as  ct'rtainlj' ar-  jH)ssible.  If  then'  ivally  was 
any  intention  'n  the  House  of  putting  the  South 
under  any  dillicnlty,  restniint,  limit,  anj-  shackle 
t)r  end)!UT.issment  on  the  South  on  account  of 
nepro  sli,i'ery  (some  frintlenien  said  slaveiy,  but 
he  said  //li/./ slavery),  lie  wi.shed  to  know  it. 
If  tiiere  were  any  individua'  ■  having  such  feeling, 
he  wished  to  know  them ;  he  wished  to  hear 
their  names  upon  yeas  and  nays.  If  tlsere  were 
a  majority  he  shoultl  act  promptly,  decisively, 
innncdiau'ly  tipon  it.  and  had  no  doubt  all  tlie 
S(»''th  would  do  the  same.  There  might  be 
some  question  as  to  tlie  claim  of  non-slavehold- 
ing  Slates  to  stop  the  jirogivss  of  Southern 
habits  and  Soutlieni  influence  \orthwaid.  As 
to  Arkansa.s,  there  could  be  no  (piestion  ;  and  if 
seriously  pre.s.sed,  such  claims  could  leave  no 
doubt  on  tile  minds  of  the  South  as  to  the  object 
ofti'.osewho  pressed  them,  or  the  course  to  be 
piiisued  by  them.  Such  a  stand  being  taken  by 
tlie  non-sliiveholdiiig  Slates,  it  wouhlmake  liti'v 
diilen-nci^  wlielher  Michigan  was  in  or  cat  of 
this  Union.  He  said  he  would  sit  dowii,  again 
assuring  the  House,  and  the  gentlemen  particu- 
larly from  the  nou-.-:taveholding  State. ,  of  his 
entire  contidencc  that  no  such  thing  v  ould  be 
seriously  attempted  by  any  considerable  uum- 
bere  of  this  House  ' 


th(!  ailmission  of  Arkansas,  wc  may  be  th^. ..  ak 
party  in  this  House.  For  that  reason,  if  genti 
men  mean  to  offer  no  obstructions  to  the  admissii 
of  Arkansas,  let  them  give  the  aB.Mirancc  by  hel 
ing  the  weaker  party  through  with  the  weak 
(piestion.  Wc  of  the  South  cannot,  and  will  'if 
as  I  pledge  myself,  oiler  any  objections  tr  tl 
domestic  institutions  of  Michigan  with  r^ga 
to  slavery.  Oan  any  gentleman  make  tl 
same  pledge  that  no  such  proposition  sh-iil  cor 
from  the  North  ?  Besides,  the  two  billis  are  n 
now  on  an  equal  footing.  The  bill  for  the  a 
mission  of  Arkansas  must  be  sent  to  a  Conimi 
tee  of  the  Whole  on  the  state  of  the  Union.  Tl 
bill  for  the  lulmission  of  Michigan  need  not  n 
cessarily  go  to  that  ctinimittee.  It  will  therefo 
pass  in  perfect  safety,  while  we  shall  be  left 
get  Arkansas  along,  through  the  tedious  stag 
of  comuiitinent,  as  well  as  wc  can.  The  gentI 
man  from  Pennsylvania  [Mr.  Sutherlaml]  sa; 
that  these  two  bills  will  be  hostages  for  tl 
safety  of  each  other.  Not,  sir,  if  you  pass  tl 
stronger  bill  in  advance  of  the  weaker.  Beside 
the  North  want  no  hostages  on  this  subjec 
Their  institutions  cannot  be  attacked.  We  ( 
the  South  want  a  hostage,  to  protect  us  on 
delicate  question  ;  and  the  effect  of  giving  pr 
cedeiice  to  the  Michigan  bill  is  to  deprive  us  ( 
that  hostage." 

Mr.  Gushing,  of  Massachusetts,  addressed  tl 
committee  at  length  on  the  subject,  of  wliit 
only  the  leading  passages  can  be  given.    He  sale 

"  Tho  House  has  ii:>w  continued  in  session  fi 
the  spjicc  of  eighteen  or  nineteen  hours,  wiilidi 
any  interval  of  ivfie.shment  or  rest.     It  is  impo 
sib!f  to  mistake  ihe  intentions  of  the  ruling  m 
joi'ity.     I  see  dearly  that  the  committee  is  i 
solv(  il  to  sit  out  the  debate  on  these  importai 
bills  for  the  admi.ssion  of  Michigan  and  Ai  kans; 
into  the  Union.     This,  it  is  apparent,  the  m 
jority  have  the  power  as  well  as  the  right  to  d 
Wlu  ther  it  be  just  and  reasonable,  is  aiiotli 
question.     I  shall  not  quanel,  however,  \\\ 
the  avowed  will  of  the  House.     It  has  done  i 
the  favor  to  hear  me  \\  ith  patience  on  otlier  o 


Mr.  Lewis,  of  i^oith  Carolina,    ook  decided 
ground  in  favor  of  giving  tho  Arkansas  bill  the  I  casions ;  and  I  (annot  render  it  the  unlit  ivtii 
priority  of  decision;  and  exprc.s.sed  him.self  thus: 

"lie  should  vote  for  tho  proposition  of  tho 
gentleman  from  Virginia  [Mr.  Wise]  to  lay  the 
bill  for  the  admission  of  Mich iga' unto  the  Union 


iiga-i 

on  the  table,  until  the  bill  for  the  admission  of 
Arkansas  should  l)c  first  |)as.sed.  He  should  do 
this,  for  tho  obvious  reason  that  there  were 
dangers,  ho  would  not  .say  how  great,  which 
beset  Arkansas,  and  which  did  not  beset  Michi- 
gan. Tho  question  of  slavery  could  be  moved 
08  a  condition  for  the  admission  of  Arkansas,  and 
it  could  not  a.s  a  conditiim  to  the  a<hni.ssion  of 
Michigan.  I  look  upon  the  Arkansas  question 
as  therefore  the  weaker  of  the  two,  ami  i'or  that 
reason  I  would  give  it  precedence.  Besides,  upon 
the  del'  catc  question  which  may  be  involved  iu  i 


of  trespassing  on  its  indulgence  at  this  uiL-tax) 
able  hour,  nor  seek   to  tlefeat  its  purposes 
sjieuking  against  time.     But  having  l)een  char 
ed    witli    sundry  memorials    from  eiti/ens 
Massachusetts  and  New  IIami»shiiv,  renuiii.^trj 
ing  again.st  that  clause  in  the  consliliition 
.Arkansas  which  relates  to  the  subject  of  siavii 
I  .should  be  ivcreant  to  the  trust  they  have 
po.sed  in  me,  if  I  siiH'ered  the  bill  for  the  mim 
sion  of  Arkansas  to  pa.ss  without  a  word  of  pi 
te.station.      'J'he    extraordinary    cireuiiistanc 
under  which  J     i>e  to  address  the  toniiiiitt 
impel  me  to  bn.  l.y  ami  succinctness;  but  tl 
would  adord  me  no  justification  for  a  piu-si 
acfpiiescence  in  the  admission  of  Arkansas  ii 
the  Union,  with  all  the  bios  of  its  coustituti 
upon  its  head. 


AXN'O  1836.    ANDREW  JACKSON,  TRESIDENT. 


633 


\ikiu)sa8,wcmayl.eth...  akc» 
L     K«.rthatrenson,ifpci.tlc- 

noobstructurtisto  the  ndmiFsion 
them  cive  tho  asMirancc  by  help- 

X  tl'rough  with  the  ^y^Dak.^ 
f  the  South  cannot,  and  w.ll  '.ot, 
«.lf,  oiler  any  objections  tf  the 
.tions  of  Michigan  with  regard 

n  any  gentlen.aP  make  the 
tnoBGchprop<.Mtionsr..lcomc 
5  Bemdc8,thetwobai«arenot 
a  footinp.    The  bill  for  t1.c  ad- 

„s,u.mii^stbesenttoa'.onim.t- 
"  on  the  state  of  the  Union  Ihe 
lussion  of  Micliigan  need  not  nc- 

hat  committee.    HwiU  therefore 

safety,  while  we  shal  be  left  to 
alonp,throuph  the  tedious  stapes 
t  as  well  a«  wc  can.    The  peiitle- 

'„;  1  i  ia  fMr.  Sutherland]  ..ys 
^  bills  wiir  be  hostapes  for    he 

other.     N^^'^-'VrCJe' 

n  advance  of  the  weaker.     Besido. 

In    no  hostapes  on  this  sid.jm 

ions  cannot  be  attacked     >\eof 

tahostape,torr"tcctuson« 

Sn-,  andtheeirectofg.yn.pvn- 
rMichib'anbilUstodei.nvcusof 

np  of  ^klasBachusetts,  3ddressc<l  the 
t  leu-th  on  the  subject,  of  «hic!-. 
lingr^ipescanbepivcn.    llesaul; 

ISO  has  now  contimied  in  sess^ion  for 
eighteen  or  nineteen  hours,  without 
ofivfieshmentorrest.  U.su..,k,s. 
ukeihe  intentions  of  the  nihnpma- 

.-e  clearly  that  the  committee  is  lo- 
out  the  debate  on  these  nnp<..ta.U 

u,lmis>ionofMu-l"ft'""^"<l^\^"'^"^ 

on.  This,  it  isa,.imrent  them■ 
'  Knoweraswellasthen,htt..do 

,.  'just  and  n>asonabU-.  is  another 
,  shin  not  (luanel,  howeviT,  with 
kviof  the  House.    U  has  done  me 

h  vr  mo  with  imtiei.cc  01.  other  oc- 
Uu  not  mider  it  the  uuf.t  return 
Vonitsindulpenceatlhisuu>ea>..^ 
Lur  seek  to  defeat  its  furi-oMS  h 
lin.t  time.     Ih.t  havinp  feen  char^- 

ndry  memorials  from  e.tr/.ens  of 
't"a?idNewUami.shir.-,renu..istrat- 

h"t  clause  in  the  const.tmiou  of 
lEi  rites  to  the  subject  of  shivery, 
'™nt  to  the  trust  they  have  re- 

'  in    uttered  the  bill  for  the  am,. 

n-astoimsswithoutawordofpro- 

'  m^    extraordinary    eucums  mj  > 
,,'    -;.c  to  address  the  com  m 

hi  ..V  and  succinctness;  Imt  the) 
d  me  1  o  <.slincation  for  a  V^^^ 
Prir«dlmissionofArkan«^ 
[with  all  the  Bias  of  its  con.titutiou 

id. 


«  The  constitution  of  Arkansa-s,  as  communi- 
cated to  Conprcss  in  the  memorial  of  the  people 
of  that  Territory,  praying  to  be  admitted  into 
the  Union,  contjiins  the  fidio wing  clause:  'The 
General  Assembly  shall  have  no  power  to  pass 
laws  for  the  emancipation  of  slaves  without  the 
consent  of  the  owners.     They  shall  have  no 

tower  to  prevent  emigrants  to  this  State  from 
ringing  with  tliem  such  persons  as  are  deemed 
glares  by  the  laws  of  any  one  of  the  United 
States.'    This  provision  of  the  constitution  of 
Arkansas  is  condemned  by  those  whom  I  rc- 
pn'seiit  on  this  occasiori  as  anti-republican,  as 
wrong  on  general  principles  of  civil  polity,  and 
as  unjust  to  the  inhabitants  of  the  non-slave- 
holding  States.    They  object  to  it  as  hemp,  in 
cirect,  a  provision  to  render  slavery  periK'tual  in 
the  new  State  of  Arkansas.    1  concur  in  repro- 
liating  such  a  clause.      The  legislature  of  Ar- 
kansas is  forbidden  to  emancipate  the  slaves  with- 
in its  jurisdiction,  even  though  it  .should  be  ready 
to  indemnify  fully  their  owners.     It  is  forbidden 
to  exclude  slaves  from  being  imported  into  the 
,Sti  te.    I  cannot,  by  any  vote  of  mine,  ratify  or 
i^'Ction  a   constitution  of  government  which 
undertakes  in  this  way  to  foreclose  in  a<lvancc 
liie  progress  of  civilization  and  of  liberty  forever. 
Inonler  to  do  justice  to  the  unchangeable  opin- 
jiir.s  of  the  North,  without,  in  any  respect,  in- 
viiding  the  rights,  real  or  supjiosed,  of  the  South, 
ray  colleague  [Mr.  \dams],  the  vigilant  cj-e  of 
wiiose  unsleeping  luind  there  is  nothing  which 
tsapi'S,  has  moved  an  amendment  of  the  bill  for 
the  mlmission  of  Arkansas  into  the  Union,  so 
tiiiit,  if  the  amendment  be  adopted,  the  bill  would 
m>\  as  f(dlow8 :    'The  State  of  Arkansas  is  ad- 
mitted into  the  Union  upon  the  express  condition 
thit  the  jjcople  of  the  said  State  shall  never  inter- 
fiiv  H  itii  tlie  primary  disposal  of  the  public  lands 
» thin  the  said  State,  nor  shall  they  levy  a  tax 
(11  any  of  the  lands  of  the  I'niteil  States  within 
the  8aid  State  ;  and  nothing  in  this  act  shall  be 

0  nstrued  as  an  assent  by  Congress  [to  the  arti- 
c!'  in  the  constitution  of  the  said  State  relating 
111  lilavery  and  to  the  cmancipati  nx  of  the  slaves, 
nr]  to  all  or  to  any  of  the  propositions  contained  in 
ih  or  iiiancc  of  the  said  convention  of  the  people 
if  Arkansas,  nor  to  tleprive  the  said  State  of 
Arkansas  of  the  same  grants,  subject  to  the  same 
restrictions,  which  were  made  to  the  State  of 
Missouri.'  This  amendment  is,  according  to  my 
jiiilpnent,  reasonable  and  proper  in  itself,  and 

1  (he  very  least  that  any  member  fr  )ni  the  North 
an  propose  in  vindication  of  the  opinions  and 

Ifnnciples  of  himself  anil  hi.s  constituents. 

■It  is  (ipjMjsed,  however,  by  the  gentleman 
Ifnni  Virginia  f  .Mr.  Wi.se],  with  his  accustomed 
hifir  ami  ability.  lie  alleges  considerations 
jiiivcrse  to  the  motion.  lie  interrogates  the 
[(riuids  of  the  proposed  amendment  in  regard  to 
ji!'  firce,  ellect,  and  purposes,  in  terms  which 
Iktm  to  challenge  response ;  or  which,  at  any 
Imo.  if  not  distinctly  and  promptly  met,  wmild 
iJMve  the  oiijections  which  those  intern ipitories 
limpliedly  convey,  to  be  taken  aa  confesseil  and 


admitted  by  our  significant  silence.  What  may 
be  the  opinions  of  Martin  Van  Uuren  as  to  this 
particular  bill,  what  his  conduct  formerly  in  re- 
ference to  a  similar  case,  is  a  point  concerning 
which  r  can  have  no  ccmtroversy  with  the  gen- 
tleman from  Virginia.  I  look  only  to  the  merits 
of  the  qusetion  before  the  committee.  There  is 
involved  in  it  a  principle  which  I  reganl  as  im- 
measurably more  important  than  the  opinion 
of  any  individual  in  this  nation,  however  high 
his  present  situation  or  his  possible  destiny — 
the  great  principle  of  constitutitmal  freedom. 
The  gentleman  from  Virginia,  who,  I  cheerfully 
admit,  is  always  frank  and  honorable  in  his 
course  upon  this  floor,  has  just  declared  that, 
as  a  Southern  man.  he  iiad  felt  it  to  be  his  duty 
to  come  forward  and  take  a  stand  in  behalf  of 
an  institutit>n  of  the  South.  That  institution 
is  slavery.  In  like  manner,  I  feel  it  to  bo  my 
duty,  as  a  Northern  man,  to  take  a  counter 
stand  in  conservaticm  of  one  among  the  dearest 
of  the  institutions  of  the  North.  This  institu- 
ti(m  is  liberty.  It  is  not  to  assail  slavery,  but 
to  defend  liberty,  that  I  speak.  It  is  demanded 
of  us,  Do  you  seek  to  imjiosc  n'strictions  on 
Arkansas,  in  vi<dation  of  the  compromise  iindcr 
which  Missouri  entered  the  I  iiion  7  I  might 
content  myself  with  replyinj;  that  the  State  of 
Massachusetts  was  not  a  party  to  that  compro- 
mise. She  never  diivctly  or  indirectly  a'Senled 
t<J  it.  M(»st  of  her  Representatives  in  (.'onfrnss 
voted  against  it.  Tho.se  of  her  ltep^e^entatives 
who,  regarding  thatconiprouiise  in  the  lijrlit  of 
an  act  of  conciliation  important  to  the  gineral 
interests  of  the  I'nion,  voted  for  it,  were  disa- 
vowed ami  denounced  at  home,  and  were  sli;;- 
matized  even  here,  by  a  Southern  I'leiiiber.  as 
over-compliant  towards  the  exactingness  of  the 
South.  On  the  first  introduction  of  this  sub- 
ject to  the  notice  of  the  House,  the  freiiflitnan 
i  from  Virginia  made  a  declaration,  which  I  par- 
I  ticularly  noticol  at  the  time,  for  the  purpose 
of  having  the  tenor  of  the  declaration  distincily 
understood  by  tlie  IIou.se  and  by  tlie  country. 
The  jienllemun  gave  it  to  be  known  that,  if 
members  from  the  North  held  them.selves  not 
I  engaged  by  tiie  tenns  of  the  compromise  under 
,  which  Missouri  enfereil  into  the  Inion,  neither 
,  woultl  nienibers  from  the  South  holil  themselves 
eiipiucil  tin  ivby  ;  and  that,  if  we  sought  U>  im- 
pose ii'stiictioiis  alftcting  slave  property  on  (he 
'  oiic  hand,  they  might  1k'  impellec',  on  the  other 
hand,  to  introduce  slavery  into  the  heart  of  the 
North.  I  heard  the  suggestion  witli  the  feel- 
iufis  natural  to  one  b<  m  and  bred  in  a  laud  of 
I  eijuality  and  freedom.  I  look  oc<"asion  to  pro- 
'  test,  in  the  surprised  imjnilse  of  the  monieiit, 
j  against  (he  idea  of  putting  restrictions  on  lilu  rty 
in  one  quarter  of  the  Inion,  in  retali.ition  of  (lie 
atteiu|)(  to  limit  the  spread  of  slavery  in  an- 
other (luarter.  I  held  up  to  view  (lie  incon- 
sistency and  iuconse<iueiice  of  uttering  (lie 
warmest  eulogiunis  on  freedom  one  ilav,  of 
poiuingout  aspirations  that  the  spirit  of  liberty 
,  might   pervade   the  universe,  and  at  another 


634 


THIRTY  YEARS'  VIEW. 


i'J*' 


^  UnM  t: 


51 '.U 


4i  ^L.% ' 


<:t...    :j, 


time  tlirenteiiinfc  the  North  with  the  establish- 
ment of  Slavery  within  its  borders,  if  a  Northern 
member  should  deprreate  the  K'Ral  pt>rpetuation 
of  slavery  in  a  projiosed  new  State  of  the  West. 
It  did  not  fall  within  the  rules  of  |)ertinent 
debate  to  pursue  the  subject  at  that  time;  and 
I  have  but  a  sinjjle  iilea  to  present  now,  in  ad- 
dition to  wliat  I  then  observed.  It  is  not  pos- 
sible fvT  me  to  judge  whether  the  gentleman 
from  Virginia,  and  any  of  his  friends  or  fellow- 
citizons  at  the  South.  (lelilx>rately  and  soberly 
cherish  the  extraordinary  purpose  whicli  his 
language  implied.  I  trust  it  was  liut  a  hasty 
thought,  struck  out  in  the  ardor  of  debate.  To 
introduce  slavery  into  the  heart  of  the  North  ? 
Vain  idea !  Invasion,  jH-'stilence,  civil  war,  may 
conspire  to  exterminate  the  eight  millions  of 
free  spirits  who  now  dwell  there.  This,  in  the 
long  lapse  of  ages  incalculable,  is  possible  to 
happen.  Yon  may  raze  to  the  earth  the 
thronged  cities,  the  industrious  villages,  the 
peaceful  hamlets  of  the  North.  You  may  lay 
waste  its  fertile  valleys  and  verdant  liill-sides. 
You  may  plant  its  very  soil  with  salt,  and  con- 
sign it  to  everlasting  desolation.  You  may 
tnmsform  its  beautiful  fields  into  a  desert  as 
bare  as  the  blank  liice  of  the  sands  of  Sahara. 
You  may  reach  the  realization  of  the  infernal 
boast  with  wliich  Attila  the  IIiui  niarched  his 
barbaric  hosts  into  Italy,  d«  molishing  whatever 
there  is  of  civilization  or  i)rospirity  in  the 
happy  dwellings  of  tlie  North,  and  reducing 
their  very  substance  to  powder,  so  that  a  sfpuul- 
ron  of  cavalry  shall  gallop  over  the  site  ol'  jiopu- 
lous  cities,  uniin|>eded  as  the  wild  Fteeds  on  the 
eavamius  of  the  West.  All  this  you  may  do: 
it  is  within  the  bounds  of  physical  possibility. 
But  I  solemnly  assure  every  gentleman  within 
the  soiuxl  of  my  voice,  I  proclaim  to  the  coiuitry 
and  to  the  world,  that,  until  all  this  be  fully 
accomi)lished  to  the  uttermost  extremity  of  the 
letter,  you  caimot,  you  shall  not,  introduce 
slavery  into  the  heart  of  the  North." 

A  point  of  order  being  raised  whether  the  two 
bills  were  not  iwjuired  by  a  rule  of  the  House 
to  go  before  the  Committee  of  the  Whole, 
the  Speaker,  Mr.  Polk,  decided  in  tlie  affirma- 
tive— the  Arkansas  bill,  upon  the  ground  of 
containing  an  appropriation  for  the  salary  of 
judges ;  and  that  of  Michigan  because  it  provided 
for  judges,  which  involved  a  necessity  lor  an 
appropriation.  Ihe  two  bills  then  went  into 
Connniltee  of  the  Wliole,  jMr.  Speight,  of  North 
Carolina,  in  the  chair.  Many  metnber-s  spoke, 
and  much  of  the  speaking  related  to  the  boun- 
daries of  Michigan,  and  especially  the  line  be- 
twcen  herself  and  the  State  of  Ohio — to  which 
no  surviving  interest  aitaches.  The  debal", 
therefore,  will  only  be  jiur.-ued  as  it  presents 
points  of  present  and  future  interest.     Thche 


may  bo  assumed  under  three  heads:  1, 
formation  of  constitutions  without  the  prcv 
assent  of  Congress :  and  this  was  applicab 
both  States.  2.  The  right  of  aliens  to  v(it( 
fore  naturalization.  .'I.  The  right  of  Arka 
to  be  admitted  with  slavery  by  virtue  of 
rights  of  a  State, — by  virtue  of  the  third  ar 
of  the  treaty  which  ceded  liOuisiana  to 
United  States — and  by  virtue  of  tlic  Miss 
compromise.  On  these  points,  Mr.  Ilainc 
Ohio,  spoke  thus : 

"  One  of  the  principal  objections  urged  ap 
their  admission  at  this  time  is,  that  tluir 
ceedings  have  l)een  lawless  and  revolution! 
and  that,  for  the  example's  sake,  if  for  no  o 
reason,  we  should  reject  their  application, 
force  them  to  go  back  and  do  all  their  w 
over  again.     I  cannot  assent  to  this  proposii 
Two  ways  are  open  to  every  territory  tliat 
sires  to  emerge  from  its  (fcpendent  condi 
and  become  a  State.    1 1  may  either  jx'tition  ( 
grcss  for  leave  to  form  a  State  constitutii)n. 
when  that  iwrmission  is  given,  proceed  lo  ( 
it,  and  present  the  new  State  constitution 
our  approbaticm  ;  or  they  may  meet,  in  iIk; 
instance,  form  the  constitution,  and  oIHt  ii 
our  approval.   There  is  no  impropriety  in  ci 
mode.     It  is  optional  with  Congress,  at  I:i8i 
admit  the  State  or  not,  as  may  be  ihoiigliti': 
dient.     If  they  wish  to  a<lmit  her,  tlu y  ni 
it  by  two  acts  of  Congress ;  one  to  antlu 
the  formation  of  a  constitution,  and  tlio 
to  approve  of  it  when  niade ;  or  by  one  net 
lowing  the  prayer  of  the  petitioners  to  Ikc 
a  State,  and  approving  of  their  consfitntMM 
the  same  lime.      This  latter  cour.-e  is  the 
adopted  in  the  present  case.     Tbeieisni 
disrespectful  in  it.     Indeed,  there  is  nnu 
justify  the  Territory   in, its  jiroceedin;:. 
after  year  they  |K'titione<l  for  leave  t"  foi 
constittUion,  ami  it  was  refused,  or  tlui 
cation  was  treated  with  neglect.     ^Vearitii 
re|K-ated  instances  of  this  treatment,  tliev 
formed  a  constitution,  brought  it  tu  us 
asked  us  to  sanction  it,  and  admit  then)  int 
I'nion.     We  have  the  authority  to  do  tliis; 
if  their  constitution  is  ivpublican,  we  im, 
fio  it.      I'here  is  no  weight  in  tliis  objection 
1  will  dismiss  it  without  further  rennirk. 
other  objection  is,  that  aliens  have  aidcdin 
ing  this  constitution,  and  are  allowed  tlie 
of  suffrage  in  all  elections  by  the  pruvisic 
contains.     As  to  the  first  point,  it  is  snlli 
to  say  that  all  the  new  States  northwest 
Ohio  formed  their  constitutions  precisely  ii 
same  way.     The  ordinance  of  1787  does  w 
<piire    sixty    thousand   citizens   of  the  I 
States  to  be  resitlent  within  the  limits  of  ii 
State,  in  order  to  authorize  a  constitntioi 
admission   into    the   I'nion.      It   rei|niie4 
number  of   '  free  inhabitants ;'  and  tlic 
wlio  resides  there,  if  he  be  a  '  free  inliabi 


m^ 


ANNO  1830.    ANDREW  JACKSON,  riUCSIDEXT. 


635 


cd  uiuUr  three  heads:  1.  Th« 
nstitutions  without  the  previous 
rcss:  and  this  was  applicable  to 
2  The  right  of  aliens  to  vote  bo. 
[tion.  3.  The  right  of  Arkansas 
•d  with  slavery  hy  virtue  of  the 
^te  — hy  virtue  of  the  third  article 
r  which  ceded  Louisiana  to  the 
—and  by  virtue  of  the  Missouri 

On  these  points,  llv.  Ilamcr.of 
thus; 

,o  principal  objections  urpcjl  against 
trSZ  time  is,  that  tluir  ,m. 
IbeSn  lawless  and  revolutuman- ; 

t^^  example's  sake,  if  for  no  oikr 
-h  mid  reject  their  application,  m 

iC  baJk  and  .10  a  I  their  wnrk 

I  c^innot  assent  to  this  pvo,,os,i,on. 
,re  Vn  to  everv  territory  tlm.k- 

cr2  fi-om  its  cfependent  co,„l,  ,on 

a  State.   H  may  either  iH;t.tionlou. 
avc  to  form  a  State  con.t.tu  imi.  «,ul, 

wnnission  is  given,  proceed  to  f„nu 

f'lli'StS    'mdotlVrhf. 

Jn  of  a  con^^titution,  and  tl.o  -  1. 
frtwhenmaae;«rbyo,u.ud.al. 
,.,.-nf  the  petitioners  to  bcoouio 
'^l'™>''ji„  .f  fheir  .•onstituti.u  ill 
ml  a\ 
time 
in  the 
Iful  in  it- 
Lo  Tcrri 

[r  thev  petilione..  - 
''     uiilitwasn-lVisiAortlKU 


tlie  »m' 
luitliin); 


Voviugof  their  const.u 

'    This  latter  our.-e  i^ 

:.  ..reseutca^e.    Theu;  is 

it.     Indeed,  there  is  i 

torv  ^.'i.its  prooechni:.    N«ir 

...tili.med  for  leavo  tofonni 


iililiii- 
AVi'arii'd«i'li 


Vio'Vted  with  iie;:lect. 

of  this  treatment,  th.y  fovo 


on 

.s 

instances  oi  ""'; J ;",;^"  it  t..  lis,  M'I 


:onsiiv»"""i  "•- -     ,     .,     iiviivisiou'il 


is  entitled  to  vote  in  the  election  of  delegates 
to  the  convention;  and  nflerwanls  in  deciding 
whether  the  people  will  accept  the  con.stitntion 
fiiniKHl  hy  their  convention.      Such  has  lieen 
tlic  constniction  and  practice  in  all  the  country 
ninth  of  the  Ohio  ;  ami  as  the  hist  census  shows 
tliiit  there  are  hut  a  few  hundreds  of  aliens  in 
Michigan,  it  would  be  hard  to  )  '«t  a,si(le  tiieir 
ciiiistitution,  liecause  sonic  of  these  may  have 
|iarticipated  in  its  fonnation.     It  would  be  un- 
just to  <lo  so,  if  we  had  the  power ;  but  we  liave 
no  authority  to  do  it ;  for  if  we  regard  the  or- 
dinance as  of  any  validity,  it  allows  all '  free  in- 
habitants' to  vote  in  framing  the  State  govern- 
ments which  arc  to  Im;  created  within  the  spl-.^'re 
ofits  inthieiice.     We  will  now  turn  to  thj  re- 
maining Jioint  in  this  objection,  and  we  B!iall  see 
that  it  has  no  more  force  in  it  than  the  other. 
"The  constitution  allows  all  white  male  citizens 
oTiT  twenty-one  years  of  age,  having  resided  six 
months  in  .Michigan,  to  vote  at  all  elections ; 
and  every  white  male  inhabitant  residing  in  the 
State  at  the  time  of  signing  the  constitution  is 
jllowcd  the  same  privilege.    These  provisions 
imdoubtedly  confer  on  aliens  the  right  of  suf- 
fra|.i';  and  it  is  contended  that  they  are  in  viola- 
tion of  the  constitution  of  the  Cnited  States. 
That  instrument  declares  that  'new  States  may 
U'  admitted  by  the  Congress  into  this  Union ;' 
that  "the  I'nited  States  shall  guarantee  to  every 
viiito  in  this  Union  a  republican  form  of  govcrn- 
imnt;'   and  that   'the   citizens  of    each  State 
.|i;ili  hi-  entitled  to  all  privileges  and  immunities 
ilcitizens  in  the  several  States.'    The  ordinance 
il  1787  provides  that  the  constitution  to  be  fonn- 
iHJ northwest  of  the  Ohio  ', shall  be  republican.' 
■  It  is  an  error  not  very  uncommon  to  suppose 
that  the  right  of  sulfiage  is  inseparably  connect- 
tul  with  the  privilege  of  citizenship.     A  slight 
invest  gation  of  the  subject  will  jirove  that  this 
i.not  so.    The  privileges  are  totally  ditinct. 
A  State  cannot  make  an  American  citizen  who, 
iiniliT  the   constitution  of  the  United    States 
shall  !«  entitled  to  the  rights  of  citizenship 
throii};hout  the  Union.    The  power  bi>longs  to 
the  federal  government.      We  pass  nil  the  na- 
turalization  laws,  by  which  aliens   are   tran.s- 
friiud  into  citizens.     We  do  so  under  the  con- 
stitution of  the  United  States,  'oncediiig  to  us 
this  authority.    Ihit,  on  the  other  hand,  we  have 
C'l  control  over  the  right  of  suffrage  in  the  dif- 
(trent  States.      That   Wlongs    exclusively   to 
.Mite  legislation  and  State  a''th<;r'ty.     It  varies 
ia  almost  all  the  States  ;  and  yet  who  ever  siip- 
|>ml  that  Congress  c(  uld  iuteifeie  to  change 
;lie rules  adopted  by  th?  people  in  ivgard  to  it? 
No  one,  I  presume.     Wi;y  then  attempt  to  con- 
i;>i it heiv ?     Other  States   have  adopted   tlie 
mn  i>rovisions.      Look  at   the  constitutions 
of  (ihio  and  other  new  States,  and  you  will  And 
tiiat  they  re(iuire  residence  only,  and  not  citi- 
uiiship,  to  enable  a  man  to  vote.     E.ich  State 
tan  tonfer  this  right  upon  all  persons  within 
iierhmits.    It  gives  them  no  rights  beyond  the 
kits  of  the  State.    It  cannot  lualvu  them  citi- 


zens, for  that  would  violate  the  naturalization 
laws ;  or,  rather,  it  would  remler  them  nugutory. 
It  cannot  give  them  a  right  to  vote  in  any  other 
State,  for  that  would  infringe  niion  the  author- 
ity of  such  State  to  regulate  its  own  utfaiiB. 
It  simply  confers  the  right  of  aiding  in  the 
choice  of  public  officers  whilst  the  alien  reninins 
in  the  State ;  it  does  not  make  him  a  citizen ; 
nor  is  it  of  the  slightest  advantage  to  him  be- 
yond the  boundaries  of  Michigan." 

Mr.  Ilamcr  concluded  his  remarks  with  a 
feeling  allusion  to  the  distractions  which  had 
prevailed  during  the  Missouri  controversy,  a  con- 
gratulation upon  their  disap|)earance  under  the 
Missouri  compromise,  and  an  earnest  exhortation 
to  hnrmonj-  and  the  preservation  of  good  feeling 
in  the  speedy  admission  of  the  two  States ;  and 
said: 

"We  can  put  an  end  to  a  most  distracting 
contest,  that  has  agitated  our  country  fi-om 
Maine  to  (Jeorgia,  and  from  the  Atlantic  to  the 
most  remote  settlement  u|»on  the  frontier.  There 
was  a  time  when  the  most  painful  nn.\iety  per- 
vaded the  whole  naticm  ;  and  whilst  each  one 
waited  with  feverish  impatience  for  further  in- 
telligence from  the  disputed  territory,  he  trem- 
bled lest  the  ensuing  mail  should  bear  the  dis- 
astrous tidings  of  a  civil  strife  in  which  brother 
had  fallen  by  the  haiul  of  brother,  and  the  soil 
of  freedom  had  been  stained  by  the  bhod  of 
her  own  scms.  But  the  storm  has  p;is.scd.  The 
usual  good  fortune  of  the  Amei  lean  jieople  lias 
prevailed.  The  lan<l  heaves  in  view,  and  a 
haven,  with  its  wide-spi-ead  arms,  invites  us  to 
enter.  After  so  long  an  exposure  to  the  fury  of 
a  temjiest  that  was  appaiently  gathering  in  our 
political  horizon,  let  us  seize  the  fii-t  o))jxMtu- 
nity  to  steer  the  ship  into  a  safe  harbor,  far  be- 
yond the  reach  of  that  elemental  war  that 
threatened  her  security  in  the  open  .sea.  Let  us 
pass  this  bill.  It  does  justice  to  all.  it  concili- 
ates all.  Its  pi-ovisions  will  ciuiy  peace  and 
harmon)'  to  those  who  are  now  agitated  by 
strife,  and  dis<piieted  by  tumults  and  disorder.s. 
IJy  this  just,  humane,  and  lienelicent  i)olicy,  wo 
shall  consolidate  our  liberties,  and  make  this 
government  what  Mr.  .letl'erson,  more  than  thirty 
years  ago,  declared  it  to  V'.  'the  strongest  gov- 
ernment <m  earth;  th.  only  one  where  every 
nuui,  at  the  call  of  the  law,  will  lly  to  the  stanil- 
ard  of  the  law,  aiul  meet  invasions  of  the  public 
order  as  his  own  personal  concern.'  With  this 
policy  on  the  jiart  of  the  government,  and  tlio 
spirit  of  patriotism  that  now  animates  our  citi- 
zens in  full  vigor,  united  America  may  bid  de- 
fhmce  to  a  world  in  arms  ;  and  slioiild  Provi- 
dence continue  to  smile  upon  our  coiiiitry,  wo 
may  contldently  anticiiwite  that  the  freedom, 
the  happiness,  and  the  prosperity,  which  we  lunv 
•  'ijoy.  will  be  as  perpetual  as  tlie  lofty  monn- 
ta?ns  that  crown  our  ("ontinent,  or  the  noble 
rivers  that  fertilize  our  plains." 


636 


THIRTY  YEARS'  VIEW. 


,.,:.r^'' 


Mr.  A'lams  commenced  a  8|)occh  in  Committee 
of  the  Whole,  -vhieh  was  finiMlied  in  the  House, 
and  hein;;  preiMired  for  puhlicntici  by  liimKeif, 
and  thenfore  free  from  error,  \h  here  given — all 
the  miiin  parts  of  it — to  show  his  real  |K>sition 
on  the  slaver}'  question,  so  much  misunderstood 
at  the  time  on  itccount  of  his  tenacious  adher- 
ence to  the  ri)i;ht  of  petition.     He  said  : 

"I  rann«)t,  consistently  with  my  sense  of  my 
obli^rations  as  a  citizen  of  the  United  States, 
and  bound  by  oath  to  support  their  constitution, 
I  cannot  object  to  the  admission  of  Arkansas 
into  the  Union  as  a  slave  State ;  T  cannot  pro- 
pose or  apri'e  to  make  it  a  condition  of  licr  ad- 
mission, that  a  convention  of  her  people  sha'.l 
expunge  tliis  article  from  her  C(mstitution.   She 
is  entitled  to  admission  as  a  slave  State,  as  Lou- 
isiana and  Mississippi,  and  Alabanui,  and  Mis- 
souri, have  Iwen  admitted,  l)y  virtue  of  that 
article  in  the  treaty  for  the  acquisition  of  Louis- 
iana, which  secures  to  the  inhabitants  of  the 
ceded  territories  all  "'le  rights,  privileges,  and 
immunities,  of  tl:e  .-^     inal  citizens  of  the  United 
States ;  and  stipidai.s  for  their  admi.ssion,  con- 
formably   to  that    priiM'ipIe,   into  the  Union. 
I^uisiana  was  purchased  as  a  country  wherein 
slavery  was  th«  established  law  of  the   land. 
As  Congress  have  not  power  in  time  of  peace;  to 
aliolish    sluviry  in    tlie  original   States   of  the 
Union,  they  are  eipially  destitute  of  the  |)ower 
in  those  parts  of  tlie  territory  cede.?  by  France 
t<»  the  United  States  by  the  name  of  Louisiana, 
where  slavery  exi-ted  at  the  time  of  the  acqui- 
Bitioii.     Shuery  is  in  this  Union  the  subject  of 
Internal  legislation  in  the  States,  and  in  pea<v  is 
cognizable  by  Congress   only,  as   it  is  tacitly 
tolerated  ami  protected  wheiv  it  exists  by  the 
constitiitiftn  of  the    I'nileil   StJites,  and   as   it 
mingles  in  their  intercourse  with  otiier  nations. 
Arkansas,  therefore,  comes,  and  has  the  right  to 
come  int(»  the  Union  with  her  slaves  and  her 
slave   laws.      It  is   written  in  i!;t  bond,  and, 
however  I  may  lament  that  it  ever  was  so  writ- 
ten,  I  must  faithfully  perform  its  obligation-^. 
I  am  content  to  rec«'ive  her  as  one  of  the  slave- 
holding  States  of  this  Uni<m  ;  but  I  am  unwil- 
ling that  Congress,  in  lU'cepfing  hereonstitution, 
should  even  lie  under  the  imput^ttion  of  assent- 
ing lo  an  article   in  the  constitution  of  a  State 
wliich  withholds  from  its   legislature  the  power 
of  giving  freedom  to  the  slave,     Up«in  this  topic 
I  will  not  enlarge.     Won'  I  disposed  so  to  do, 
twenty  hours   of  continuous  session   have  too 
much  exhausted  my  own  physical  stivngfh,  and 
tlie  facidties  us  w  II  as  the  indulgeiuv  of  those 
■.rb<   I  ligji    incline  to  hear  me,  for  me  to  trespass 
i< !;.!;.  V  upon  <■  oir  patience.     When  the  bill  shall 
K-  f  SMirled  to  the  House,  I  may,  perhaps,  again 
B«!'  t<'  b*"  hear'  upon  renewini'  there,  as  I  in- 
tend, the  lmUmj  ll'rthi"  amenduient.' 

Aft'vT  a  sti-i  jn  of  twenty-live  hours,  including 


the  whole  night,  the  committee  n)so  and  re| 
the  two  bills  to  the  House.  Of  the  ardiioi 
of  this  session,  which  began  at  ten  in  the  i 
ing  of  Thursday,  and  wasc(mtinued  mitil  i 
o'clock  the  next  morning,  Mr.  Adams,  u) 
mained  at  his  post  the  whole  time,  gavi 
account  in  a  subsequent  notice  of  the  sittir 

"On  Thursday,  the  0th  of  June,  the  I 
went  into  Committee  of  the  Whole  on  the 
of  the  Union  u|ion  two  bills ;  one  to  ti 
Nortliern  boundary  of  the  State  of  Oliio.  ai 
the  conditional  admissi(m  of  the  State  of  .\ 
gan  into  the  Union;  and  the  other  for  I'l 
mission  of  the  StAte  of  Arkansns  into  the  I 
The  bill  for  fixing  the  Nortliern  boumia 
the  State  of  Ohio,  and  the  conditional  adiuj 
of  Micliigan  into  the  Uni(m,  n-as  first  take 
for  consideration,  and  gave  rise  to  debates  \ 
continued  till  near  one  o'clock  of  the  nm 
of  Friday,  the  lOth  of  June  :  reia-ated  mo 
to  adjoiini  had  l>een  made  and  rejeetnl. 
committee  had   twice  found   itself  witlio 
quorum,  and  had  Ikm-'h  then'bycoin|H'llcii  (,] 
and  ivport  the  fact  to  the  House.     In  tin- 
instance  there  had    lieen  found  within  pr 
calling  distance  a  suflicient  numla-r  ofiiicin 
who,  though  absent  from  their  duty  of  mi 
ancc  upon  the   H(>use,  were  upon  tlie  aln 
appear  antl  answer  to  their  names  to  \n:{ 
quorum  to  vote  against  adjourning,  and  tlu 
ritire  again  to  their  amusement  or  ripd.-c.    ( 
the  first   restoration   of  the   «iiioriMii   l.y 
operation,  the  delegate  from  Arkansas  said 
if  the  committee  would  only  take  U|i  and 
the  bill,  he  would  not  urge  any  discii^sinii 
it  then,  and  would  consent  to  the  eonuiiii 
rising,  and  ii-suming  the  subject  at  the  iit 
ting  of  the   House.     The   bill  was  aecdul 
ivad  ;  a  motion  was  then  made  for  the  ron 
t(H>  to  rise,  and   rejected  ;  an  amendiiicnt 
bill  was  moved,  on  taking   the  (|iu's(iiiii 
which   there  was    no  (|Uorum.     Tiie  umi; 
pedient  of  private  call  to  straggling  iiuiiiIh 
found  inellectnal.     A  call  of  the  House 
dered,  at   oiu   o'clock   in    the   inorniii); 
openition,  to  l>i<  carried  through  all  its 
must  neces8,uily  consume  about  tlirw  liuii 
time,  during  which   the  House  can  du  ii< 
business.     I'pon  this  call, after  the  umnvr 
the  members  had  been  twice  caik'd  nvir. 
the  absentees  for  whom  any  valid  or  |il:i 
excuse  was  olleied  ha*l  been  exciiMd,  tin 
mained  eighty-one  names  of  nienilters,  w 
the  rules  of  the   House,  were  to  he  taki 
custody  as  they  should   apjtear,  or  were 
sent  for,  and  taken   into  cir^tody  wheievi 
might  be  founil,  by  s|)ecial  messengers  a|i| 
for  that  purpose.     At  this  hou.-  of  the  ni; 
city    of  Washingtcui    was    ransacked   liv 
s[)ecial    messengers,   ami    the   ineiiilKr>  ( 
Ilouse  were  summoned  from  their  laii> 
brought  in  custchiy  of  these  8|>ecial  iiieiise 
before  the  House,  to  answer  lur  their  uL 


w; 


ANNO  1830.     ANDREW  JACKSON.  PRRSIDENT. 


637 


,t  thcconuuittec  rose  and  ri'imrted 
to  the  House.  Of  t».e  iir.luou«mss 
,  whicli  bej,'an  at  ten  in  the  nwrn- 
luv  an<l  w»»  continued  until  eleven 
,ext  mominp,  Mr.  Aa.uu^  who  re- 
is  ,,o«t  the  whole  time,  pave  tlus 
subsequent  notice  of  the  Bittinr. 

silav  the  0th  of  June,  tJu«  Mom 
HmitteeofthcWholconthoHta,. 
ml  twohiUH-,  oneio  lix  il. 
wv  nf  the  suite  of  Oliio.  aii.l  Lr 
SSSSoftheStat^ofM,..,,,. 
"iTnion;  an.l  the  other  tor  tV,.!- 
he  State  of  Arkansas  uUo  the  I  nu.„. 
flximr  the  Novthern  h..«imury  ..t 
roi,i..r«nathecon.htionaa.l,m.mon 
"no  the  Union,  wast  rjt  «!<..,  uj, 
:•       «nA  inwe  rise  toiU'hates  wiiih 
^5 'niuronro'cLk  of  ti.  n..run 
tt    Othof  June:re,H.ate.  moiM. 
,„,,  iKjen  made  and  njecU.l.    lliv 
had  Uvicc  found   itself  w..,om  . 
„dhadUH..nther..byeon.,H.le.lon. 
rthe  fiu-t  to  the  llouHe.      n  the  t>N 
.m  Imd   Vmcu  fo..n.l  w.th.n  pruM. 

'!^V^rtrtirh;;;'ri;;i 

d  answer  to  their  names  t..  nak. . 
ovoVU"stadjournmp,«n.lihj.u,,, 
SA*  tht^ranu.si.mentu.-rq.oH.  I  -i. 
^"Sorition  of  the  .luorum  l.y  ,;. 
/tll>rK-iratefiH.m  Arkansas  sua  th. 

*ttee\N'^»uld  only  take  n,.uuan:.a 

11  «ni  nnre  anv  discussion  uih,:i 

'llilCSd  clSt  to  the  coniiiiiuc,  > 

Vsinpthesubj^^^^ 

1  o i" •     The   hill  was  am>.^iu.•;lv 

f  '        1    on   takini;    the  •lucstmu  «l»m 
Ki^e<inistrappjinp;ue.ul..>w. 

"f'i';  o'clock  in  the  .n-;^"'"?-  ';: 
.  to  iK'  cjirried  through  all  its  >t.i-iN 
b.iivUy^onsuniealKmtthR-lmurot 

Vtt^hinuton   WHS   ™"^"'''\"  '•  „,  ,i 
UH-sseuncrs,   '""   "        ,        ,,,,)>  to 

he  House,  to  answer  tor  tUtir 


After  hearing  the  e.\cu8es  of  two  of  tjiesc  niem- 
Itt-rs,  and  the  acknowledged  no  pood  reason  of 
i  third,  they  were  all  excused  in  a  niass,  without 
pjyment  of  fees  ;  which  fees,  to  the  amount  of 
two  or  three  hundred  dollars,  have  of  course 
Ufrtine  a  charge  upon  the  people,  and  to  be  paid 
with  their  money.  By  this  operation,  l>etween 
fiiiir  aud  five  o'clock  of  the  morning,  a  small 
quorum  of  the  House  was  obtained,  and,  without 
anv  vote  of  the  House,  the  s])eaker  left  the 
c'liair,  which  was  resumed  by  the  chairman  of 
the  Comiuittec  of  the  Whole." 

Mr.  Adi.Tis  resumed  his  scat,  and  Mr.  Wise 
ailJa'ssed  the  committee,  particularly  in  reply 
to  Ml".  Cusliing.     Confusion,  noise  and  disorder 
became  great  in  the  Hall.     Several   members 
spoke  ;  and  cries  of  "  onler,"  and  "  question  " 
were  frequent.     Personal  reflections  passe<I.  and 
in  atlair  of  honor  followed  between  two  South- 
ern members,  happily  adjusted  without  blo(Ml- 
sheJ.    The  chairman,   Mr.   Speight,   by  great 
esertions,  had  procured  attention  to  Mr.  Hoar, 
ofMasiiachiisetts.    Afterwards  .Mr.  Adams  again 
tilda'ssed  the  committee.     Mr.  Wise  inquired 
ofiiiin  whether  in  his  own  opinion,  if  his  amend- 
mcnt  should  be  adopted,  the  State  of  Arkansas 
fimltl,  by  this  bill,  be  admitted  ?    Mr.  Adams 
jnsweail — '  Certainly,  sir.     There  is  not  in  my 
imi'iidment  the  shadow  of  a  restriction  projiosed 
u|>ou  the  State.     It  leaves  the  State,  like  all  the 
nst,  to  regulate  the  subject  of  slavery  within 
hirseir  by  her  own  laws."     The  motion  of  Mr. 
Adams  was  rejected,  only  thirty-two  members 
rotin^'  for  it;  being  not  one  tliinl  of  the  mem- 
Wrsfroin  the  non-slaveholding  States. 
The  vote  was  taken  on  the  Michigan  bill  first, 
indvras  ordered  to  a  third  reading  by  a  vote  of 
153  to  45.    The  nays  were : 

"Messrs.  John  Quincy  Adams,  Heman  Allen, 

Jercmifth  Bailey,  John  Bell,  (Jeorge  N.  JJriggs, 

William  B.  Calhoun,  George  ChamlK-rs,  John 

ChamlKTs,  Timothy   Childs,    William    Clark, 

Hwico  Everett,  W^illiani    J.    Graves.    (Jeorge 

Irmncll,  jr.,  John    K.   Griffin,   Hiland    Hall. 

Gkicon  llaril,  Benjamin  Hardin,  James  Harper, 

.ter  llazeltine,  Sanuiel  Hoar,  Joseph  R.   In- 

ptwdl,  Daniel  Jenifer,  Abbott  Lawrence,  Levi 

I liiKoln,  Thomas  C.  Love,  Samson  Mason,  Jona- 

(ilun  McOarty,    Thomas    M.     T.    McKennan, 

|l\irk'8  K.  Mercer,  Joint  J.  Milligan,  Mathiaa 

jJlorris,  Jaincs  Parker,  James  A.   Pearoe,  Ste- 

fVn  C.  IMiilliits,  David  Polts,  jr.,  John   Keed, 

JlmUolierlson,  D.ivitI  Hussell.  William  Slaile, 

Mn  N.  Steele.  John   Taliaferro.  Joseph   R. 

llndorwood,  Ijewis  Williams,  Sheri"od  Williams, 

[litDry  A.  VVise. 

It  is  remarkable  that  this  list  of  nays  begins 


with  Mr.  Adams,  and  ends  with  Mr.  Wise — a 
proof  that  all  the  negative  votes,  were  not  given 
upon  the  same  reasons. 

The  vote  was  immediately  after  taken  on 
ordering  to  a  third  reading  the  bill  for  the  ad- 
mission of  the  State  of  Arkansas  ;  which  wad  so 
ordered  by  a  vote  of  1 43  to  50.    The  nays  were : 

"  Messrs.  John  Quincy  Adams,  Heman  Allen, 
Joseph  B.  Anthony.  Jeremiah  Bailey,  AVilliam  K. 
Bond,  Nathaniel  B.  Burden,  George  N.  Brigg.s, 
William  B.  Calhoun,  Timothy  Childs,  William 
Clark.  Joseph  H.  Crane,  Caleb  dishing,  Edwnnl 
Darlington,  Harnier  Denny,  George  Evans, 
Horace  Everett,  Philo  C.  Fuller,  George  Gren- 
nell,  jr.,  Hiland  Hall.  Gideon  Hard,  James  Harper, 
Abner  Hazeltine,  Joseph  Henderson,  William 
Hiester.  Samuel  Hoar,  William  Jackson,  Henry 
F.  Janes,  Benjamin  Jones,  John  Laporte,  Ab- 
bott Lawrence,  (Jeorge  W.  Lay,  Levi  Lincoln, 
Thomas  C.  Love,  Samson  Mason,  Jonathan 
McCarthy,  Thomas  M.  T.  McKeiuian,  Mathias 
Morri.s.  James  Parker,  Dutee  J.  Pearce,  Stephen 
C.  Philli])8,  David  Potts,  jr..  John  Heed,  David 
Hussell,  William  N.  Shinn,  William  Slade.  John 
Thom.son,  Josejjh  H.  Underwood,  Samuel  F. 
Vinton,  Elisha  Whittlesey,  Lewis  Williams." 

Here  again  the  beginning  and  the  ending  of 
the  list  of  voters  is  remarkable,  beginning  again 
with  Mr.  Adams,  and  tenninating  with  Mr. 
Ijcwts  Williams,  of  North  Carolina — two  gen- 
tlemen wide  apart  in  their  political  r  ourses.  and 
certainly  voting  on  this  occasion  on  dilleivnt 
principles. 

From  the  meagreness  of  these  m^'ative  votes, 
it  is  evident  that  the  struggle  was,  not  to  ]>a.s8 
the  two  bills,  but  to  bring  them  to  a  vote.  This 
was  the  secn-t  of  the  arduous  session  of  twenty- 
five  hours  in  the  Hou.se.  Besides  lie  public 
objections  which  clogged  their  s  lission — 
boundaries  in  one,  slavery  in  the  ler,  alien 
voting,  and  (what  was  deeme«l  by  s(  ■),  revolu- 
tionary conduct  in  both  in  holdin  iivontions 
without  authority  of  Congress;  lx->  ^  -thesepub- 
lic  reasons,  there  was  another  v-  •  operating 
silently,  and  which  went  more  t  '  c  jiostpone- 
ment  than  to  the  reject iim  of  :  '  tales.  This 
cause  was  political  and  i)artisi\  and  grew  out 
of  the  impending  presidential  eh-ction,  to  bo 
held  Iwfore  Congress  should  nuel  ngain.  i^fr. 
Van  Buren  was  the  democratic cim  1  date  ;  (!ene- 
ral  Williani  Henry  Harri.son  was  tlie  nindidato 
of  the  opposition;  and  Mr.  Hugh  L,  White,  of 
Tcnne8.see,  was  brought  forward  b"  a  fraction 
which  divided  from  the  democrat  ii  i  cty.  The 
nev;  States,  it  was  known,  would  vote,  if  now 


638 


THIRTY  YEARS'  VIEW. 


adniittutl,  fi»r  Mr.  Van  Burcn ;  nnd  this  furnished 
a  reason  to  tlic  friends  of  the  other  candidates 
(even  tliosc  friendly  to  eventual  admission,  and 
on  whicli  some  of  them  were  believed  to  net), 
to  wish  to  stnvc  off  the  admission  to  the  ensuing 
session. — The  actual  negative  vote  to  the  ad- 
mission of  each  State,  was  not  only  small,  but 
nearly  the  same  in  number,  and  mixed  both  as 
to  political  parties  and  sectional  localities  ;  so 
as  to  exclude  the  irica  of  any  regular  or  consi- 
derable opposition  to  Arkansas  as  a  slave  State. 
The  vote  which  would  come  nearest  to  referring 
itself  to  that  cause  was  the  one  on  Mr.  Adams' 
proposed  amendment  to  the  State  constitution ; 
and  there  the  whole  vote  amounted  only  to  32  ; 
and  of  the  sentiments  of  the  greater  part  of 
these,  including  Mr.  Adams  himself,  the  speech 
of  that  gentleman  must  be  considered  the  au- 
thentic exponent;  and  will  refer  their  opposition, 
not  to  any  objection  to  the  admission  of  the 
State  as  slave-holding,  but  to  an  tmwillingncss 
to  appear  upon  the  ix*cord  as  assenting  to  a  con- 
stitution which  forbid  emancipation,  and  nade 
slavery  periH;tual.  The  number  actually  vo,  ing 
to  reject  the  State,  and  keep  her  out  of  the 
Union,  because  she  admitted  slavery,  nnist  have 
been  quite  small — not  more  in  proportion,  pro- 
baiily,  than  what  it  was  in  the  Senate. 


Cn  AFTER  0  XXXIX. 

ATTEMPTED   INQUIRY    INTO  THE   MILITARr 
ACADEMY. 

This  institution,  soon  after  its  organization 
under  the  act  of  1812,  began  to  attract  public 
attention,  a.s  an  establishment  luifiiendly  to  the 
rights  of  the  people,  of  questionable  constitu- 
tionality, as  being  for  the  benefit  of  the  rich 
and  influential ;  and  as  costing  an  enormous  sum 
for  each  officer  obtained  from  it  fur  actual  service. 
Movements  against  it  were  soon  commenced  in 
Congress,  and  for  .some  years  perscviiiugly  con- 
tinued, principally  under  the  lead  of  Mi .  Xewtoii 
Cannon,  and  Mr.  Ji  hii  Cooke,  representatives  j 
from  the  State  of  Tennessee.  Their  speeches  I 
and  statements  made  considerable  impression  I 
n|>«mti\e  public  minii,  but  very  little  upon  Con- 
gress, where  no  amelioration  of  any  kind  could  be 
obtained,  either  iu  the  organization  of  the  in-^ 


stitution,  or  in  the  practical  administrt 
which  had  grown  up  under  it.  In  the  set 
of  1834 — '3r)  these  efforts  were  renewed,  cli 
induced  by  Mr.  Allnirt  Gallatin  Ilawes,  re 
sentativc  from  Kentucky,  who  moved  for 
attained  the  appointment  of  a  committet 
twenty-four,  one  from  each  State ;  which  r 
a  report,  for  which  no  consideration  coui( 
procured — not  even  the  printing  of  the  rei 
Baffled  in  their  attempts  to  get  at  their  objc 
the  usual  forms  of  legislation,  the  members  op 
ed  to  the  institution  resorted  to  the  extraordii 
mode  of  attacking  its  existence  in  an  appioi 
tion  bill:  that  is  to  say, resisting ap|iro|iriiit 
for  its  support — a  mode  of  proceeding  cntj 
hopeless  of  success,  but  justifiable,  as  t 
believed,  under  the  circumstances ;  and  at 
events  as  giving  them  an  opportunity  to 
their  objections  before  the  public. 

It  was  at  the  session  of  1835-'30,  that 
form  of  opposition  took  its   most   deteniii 
course ;  and  some  brief  notices  of  wliat  was : 
then  may  still  be  of  service  in  awakening'  a  s| 
of  inquiry  in  the  country,  and  promoting  m 
tigations  which  have  .so  long  been  riinu'- 
and  denied.      But  it  was  not  until  afier  aimt 
attempt  had  failed  to  do  any  thing  tiiroii;: 
committee  at  this  session  also,  that  the  uitiii 
resource  of  an  attack  upon  the  approinaiidii 
the  support  of  the  institution  was  risortei 
Early  in  the  session  Mr.  Ilawes  ofi'end  tliis 
solution :   "  That  a  .«elect  conimittee  of  Dim 
appointed  to  inquire  into  what  auRiKliiiLiit 
any,  are  expedient  to  be  made  to  tiio  la\\> 
lating  to  the  military  Academy  at  West  IN 
in  the  State  of  New- York;  and  al(.o  into  the 
pediency  of  modifying  tiie  organization  of 
institution  ;  and  also  whether  it  wocld  not  ( 
|X)rt  with   the  puidic   interest  to  aboli.-h 
same:  with  power  in  the  eonuiiittw  to 
l)y  bill  or  otherwise."     Mr.  Ilawes,  in  siiji 
of  his  motion  reminded  the  IIoiisu  of  llie 
pointnient  of  the  connnittee  of  the  last  sci^ 
of  its  report,  and  his  inability  to  obtain  w 
upon  it,  or  to  procure  an  order  for  it.s  i>riii 
The  resohition  which  he  now  subniittod  vi 
but  in  one  particular  from  that  wiiicli  lie 
offered  the  year  before,  and  that  was  iu  tin 
duced   number   of    tiie   committee   asked 
Twenty-four  was  a  larger  imniber  tlian 
be  induced  to  enter  into  any  extended  or  pa 
investigation ;  and  he  now  proposed  a  com 


ANNO  1836.    ANDHEW  JACKSON.  PRESIDKNT. 


639 


in  the  practical  administration 
rt-n  up  under  it.    In  tlie  Bossion 
icsc  efforts  were  renewed,  diitfly 
AllKsrt  Gallatin  llawcs,  rcpie- 
Kcntucky,  who  moved  for,  and 
mpointment  of   a  committee  of 
,ne  from  each  State;  whicii  raado 
which  no  consideration  could  1« 
t  even  the  printing  of  the  report. 
ir  attempts  to  get  at  their  oVycct  in 
nsofleKi8lation,themembers(.ppo.. 
tution  resorted  to  the  extraordinary 
,|.-,„g  its  existence  in  nn  iippvopriii- 
ttt  is  to  say,  resisting  approi.rialions 
,ri_n  mode  of  proceeding  entudy 
success,  hut   justifiable,  as  they 
,lcr  the  circumstances;  and  ai  all 
•iving  them  an  opportunity  to  get 
ions'l.efore  the  public. 
Ithe  session  of  1835-'3r.,  that  tins 
position  took  its  most  .letemnK.! 
,\  some  brief  notices  of  whut  was  Kiul 

till  be  of  service  in  awakening  a  ^mi 
'in  the  country,  and  promoting  mu.. 

,-hich  have  so  long  been  rc.iuc.ud 
1  But  it  was  not  until  after  anoikr 
Ud  failed  to  do  any  thing  llmm,h  a 
this  session  also,  that  the  ultunatc 
fan  attack  up<m  the  approrviaium  for 

t  of  the  institution  was  asortedto. 
he  session  Mr.  llawcs  olleved  this  re- 

«  That  a  select  committee  of  lunek 

t„  inquire  into  what  ameudmcnta 

xpedient  to  be  made  to  the  tos  re- 

J  military  Academy  at  AV  est  Pomt, 

te of  New-York;  and  also  into  the  ex- 

|„f  modifying  the  organisation  otsud 

■^     andalsowlK.lK.ritwoddnocom. 

the  public  interest  to  abol.sh  the 
thpower  in  the  committee  to  iviM 

otherwise."  Mr.  llawos,  in  .uir-'- 
,tu,n  reminded  the  House  of  the  u,. 
1    of  the  committee  of  the  last  S0S.O,,, 

ort  and  his  inability  to  obtan.  a.t>.u 
'        .cure  an  order  for  it«  pnnU..^.| 
now  submitlid  vai 
hd 
:j;:;rl,ef.re,andthatwasiutl>er^ 

L„  ber   of    the   committee  asked  foj 
tr  was  a  larger  number  t  an  nj 

,1  to  enter  into  any  extended  or  patua 

In;  and  he  now  proposed  a  CO... 


kr  to  nroi.- ,      , 


tec  of  nine  only.    Ilis  resolution  wa.s  only  one 
of  inquiry,  to  obtain  a  report  for  the   infor- 
mation of  the  people,  and   the  action  of  the 
lloiist — a  species  of  resolution  usually  granted 
as  a  matter  of  course ;  and  he  hoj)ed  there  would 
be  no  objection  to  his  motion.     Mr.  Wardwell, 
of  Xew-York,  objected  to  the  appointment  of 
J  select  committee,  and   tlioiight  the   inquiry 
oufht  to  go  to  tlic  standing  committee  on  mili- 
tary affairs.      Mr.  F.  0.   J.  Smith,  of  Maine, 
wished  to  hear  some  reason  assigned  for  this 
motion.    It  seemed  to  him  that  a  special  com- 
mittee ought  to  l»c  raised ;  but  if  the  friends  of 
the  institution  were  fearfid  of  a  select  conniit- 
tiH.',  and  would  assign  that  fear  as  a  motive  for 
f^■fen•ing   the  standing  connnittee,  ho   would 
withdraw  his  objection.    Mr.  Uriggs,  of  Mnssa- 
chusetts,  believed  the  sidyect  was  already  rc- 
firred  to  the  military  connnittec  in  the  general 
nfcrence  to  that  committee  of  all  that  related 
in  the  President's  message  to  this  Academy ; 
jiiJ  fo  believing,  he  made  it  a  point  of  order  for 
tlu'  Speaker  to  decide,  whether  the  motion  of 
Mr.  Ilawes  could  be  entertained.    The  S-   tker, 
Mr.  Polk,  said  that  the  motion  was  one  .;  in- 
i]iiiry ;  and  he  considered  the  reference  of  the 
resident's  message  a.s  not  applying  to  the  case. 
Mr.  Ilriggs  adhered  to  his  belief  that  the  subject 
(:ij:ht  to  go  to  a  standing  committee.   The  com- 
mittee had  made  an  elaborate  report  at  the  l«Kt 
kssiou,  which  was  now  on  the  files  of  the  House ; 
ir.'l  if  gentlemen  wished  infoi-mation  fi'om  it, 
tiey  could  order  it  to  be  printed.     Mr.  Jolm 
iRcynoUls,    f  Illinois,  .'^aid  it  was  astonishing 
tbt  members  of  tliis  IIou««e,  friends  of  this  in- 
itiitition,  were  so  strenuous  in  their  opjiosition 
I » investigation.  If  it  was  an  ini«iitution  founded 
Icji". proper  basis,  and  conducted  on  proper  anil 
Irtpuhlicau  principles,  they  had  nothing  to  fear 
[from  investigation ;  if  otherwist;  tlio  i)e(>ple  liad: 
I  bJ  the  great  dread  of  investigation  portended 
iKincthing  wrong.     His  constituonts  were  dis- 
jatijfHd  with  this  Academy,  and  e.\|KH'te(I  him 
[Hrqiresent  tlieui  fairly  in  doing  his  part  to  re- 
Ifcnn, or  to  abolish  it;  and  he  should  not  dis- 
liti/iint  tliem.  The  member  from  Massarhusotts. 
iHr.  Briggs,  lie  said,  had  endeavored  to  stifle 
llfc  imiuiry,  by  making  it  a  jjoini  of  ordei-  to  be 
liciJed  by  the  Speaker ;  which  augured  badly 
llir  tie  integrity  of  the  institution.      Failing 
Jitlat  attempt  to  stifle  inijuirj'.  he  had  joined 
member  from   New-York,  Mr.  Wardwell, 


in  the  attempt  to  send  it  to  a  committee  where 
no  inquiry  woidd  be  made,  and  in  violation  of 
parliamentary  practice.  He,  Mr.  Ueynolds,  had 
great  respect  for  the  members  of  the  military 
committee;  but  some  of  them,  and  perhaps  all, 
had  expressctl  an  opinion  in  favor  of  the  institu- 
tion. Neither  the  chairman,  nor  any  member 
of  the  committee  had  asked  for  this  inquiry ; 
it  was  the  law  of  parliament,  and  also  of  rea.son 
and  common  sense,  that  all  inquiries  should  go 
to  committees  disposed  to  make  them ;  and  it 
was  without  precedent  or  justification,  and  in- 
jurious to  the  fair  conducting  of  business,  to  take 
an  inquiry  out  of  the  hands  of  a  memlHT  that 
moves  it,  and  is  responsible  for  its  adequate 
prosecution,  and  refer  it  to  a  committee  that  is 
against  it,  or  indifferent  to  it.  "When  a  member 
gets  up,  and  moves  an  inquiry  touching  any 
branch  of  the  public  service,  or  the  official  con- 
duct of  any  oflBcer,  he  incurs  a  responsibility 
to  the  moral  sense  of  the  House  and  of  the 
country.  He  assumes  that  there  is  something 
wrong — that  he  can  find  it  out  if  he  has  a 
chance ;  and  he  is  entitled  to  a  chamv,  both  for 
his  own  sake  and  the  cowtry ;  and  not  oidy  to 
have  his  committee,  bu  (  •  i  "  its  chairman,  and 
to  have  a  majority  of  t!i-  uienmers  favorable  to 
'  its  (ibject.  If  it  were  otlu  rwise  inetnbors  woidd 
have  but  poor  encouragement  to  move  in(piiries 
I  for  the  public  service.  Cut  off  himself  from  the 
I  performance  of  his  work,  an  inilifierent  or  pre- 
judiced committee  may  neglect  inquiry,  or  per- 
vert it  into  defence;  and  sulject  tlie  mover  to 
the  imputation  of  prefi  rring  false  nn<l  frivolous 
motions;  and  so  discredit  him,  while  injuring 
the  public,  and  sheltering  abuse.  Under  a 
just  rejjort  he  Wlieved  the  Academj'  would 
wither  and  die.  Under  its  present  organiza- 
tion it  is  a  monopoly  for  the  gratuitous 
education  of  the  sons  ami  connections  of  the  rich 
and  influential — to  be  afterwards  preferred  for 
army  ajipointments,  or  even  for  civil  appoint- 
ments ;  and  to  be  always  provided  for  as  the  child- 
ren of  the  government,  getting  not  only  gratuitous 
education,  but  a  preference  in  appointments.  A 
private  soldier,  though  a  young  David,  slaying 
i  Goliath,  could  get  no  appointment  in  our  armj% 
'  He  must  stand  back  for  a  West-F*ointer,  even  the 
most  inefficient,  who  through  favor,  or  driving, 
had  gone  through  his  course  and  got  his  diplo- 
ma. Promotion  was  the  stinnilus  and  the  re- 
j  ward  to  merit.     We,  members  of  Congress,  rise 


640 


THIRTY  YEARS'  VIEW. 


fc'i  I 


m^i 


from  th(!  rnnka  of  the  people  when  wc  come 
lieir,  1111(1  have  to  depend  upon  merit  to  j^t  lure. 
"Why  not  let  the  same  rule  apply  in  the  army, 
anri  jrive  a  chance  to  merit  there,  iuMtead  of  giv- 
ing' all  the  offices  to  those  who  jnay  have  no 
turn  for  war,  who  only  want  support,  and  get 
it  hy  piiMic  patronape,  and  fuvor,  U'cause  they 
liavt  ofiicial  friends  or  parents?      The  report 
made   at  the   last   sesnion   looks    Imd   for   the 
AeadeiMy.     Let  any  one  read  it,  and  he  will  ftel 
that  there  is  something  wronp.     If  the  friends 
of  the  institution  would  sufler  that  reix>rt  to  la' 
printed,  and  let  it  (jo  to  the  i>eoi)le,  it  would  he 
a  frre.it  satisfaction.      Mr.  Wardwell  said  the 
last  Conirress  had  refused  to  print  the  report; 
and  asked  why  it  was  that  these  complaints 
a^'ainst   the  Academj'  came  from   the  West  ? 
Was  it  hecuuse  the  W<".ierii  engiiiu.rs  .» anted 
the  employment  on  the  roads  and  llrilI^vs  in 
place  of  the  rej^ulnr  ofHcers.    Mr.  Hainiepin,  of 
Indiana,  said  In:  was  a  ineniher  <if  the  niili  ar}' 
committee  which  niade  the  report  at  th-j  last 
session,  and  which  Mr.  Wardwell  had  reminded 
them  the  House  refused  to  order  to  he  printed. 
And  why  that  refusal  ?     Because  the  friends  of 
the  Academy  took  post  hehind  the  two-thirds 
rule;  and  the  order  f  ir  printinjir  could  not  he 
ohiained  l>ecau.«e  two-thirds  of  the  House  ruild 
not  lie  frot  to  su.spend  the  rule,  even  f  )r  one  hour, 
and  that  the  morning  hour.     The  friends  of  the 
Academy  ; ■:llied,  he  said,  to  prevent  the  susp«n- 
sidu  of  till  iule,  and  to  prevent  puhlicity  to  the 
report.    Mr.  Ilamcr,  of  Ohio.  sai<l,  why  oppose 
this  inquiry  ?    The  people  desire  it.     A  larpe 
portiim  of  them  believed  the  Acailemy  to  be  an 
aristocrat ical    institution,  which   ought    to   be 
abolished ;  others  believe  it  to  be  republican,  and 
that  it  ought  to  be  cherished.     Then  why  not 
inquire,  and  find  out  which  is  ripht,  and  legis- 
late accordingly  ?    Mr.  Abijah  .Mann,  of  New- 
York,  said  there  wax  a  considerable  interest  in 
the  States  surroundiii};  this  institution,  and  he 
bail  seen  a  strong  disposition  in  the  nienibcrs 
coming  from  those  Siules  to  defend  it  against 
oil  i'liarges.     lie  was  a  member  of  t  he  C( unniittee 
of  twenty-four  at  the  last  session,  and  concunvd 
partially  in  the  I'eiwrt  which  was  made,  which 
was,  to  say  the  least  of  it,  an  elaborate  exaniina- 
tion  of  the  institution  from  its  foiindalion.     lie  i 
knew  that  in  doing  so  he  had  incurred  some 
censure  from  a  part  of  his  own  State ;  but  he 
never  had  flinched,  and  never  would  tlinch,  from 


the  perfonnance  of  ony  duty  here  which  he 
it  iiunimbent  upon  him  to  discharge.  He 
found  much  to  censure,  and  believed  if 
friends  of  the  institution  would  take  the  tnn 
to  investigate  it  as  the  committee  of  tweiity-l 
had  done,  they  would  find  more  to  censun 
the  principle  of  the  establishment  than  t 
were  aware  of.  There  were  abuses  in  this 
stitution,  developed  in  that  report,  of  arhiirjK 
that  would  not  lind,  he  presumed,  a  single 
vocate  upon  that  floor  when  they  cur.ie  (,> 
published.  He  U-lieved  the  jirinciph  of  tin. 
stitution  was  utterly  inconsistent  w'tli  tlic  pi 
ciple  of  all  fitlier  institutions ;  but  he  wns 
for  exterminating  it.  Reformation  was  lii^4 
ject.  It  was  the  only  avenue  by  which 
jteople  of  the  country  could  approach  t'lc  (,(11 
of  the  army — (he  only  gateway  by  whii),  tj 
could  be  reached.  The  principle  was  wju 
and  the  practice  bad.  Wc  saw  ii.dividimlsc 
Mnually  pressing  the  government  for  adiiiis. 
into  this  institution,  to  be  educated  profis^ti 
for  the  military  service,  but  very  fie(iuintlv, n 
too  generally  with  the  secret  flesign  in  tli 
hearts  to  devote  thi'inselves  to  the  civil  imr-u 
of  society;  and  this  was  a  fraud  upon  tli,. ., 
ernment.  and  a  poor  waj*  for  the  future  ollici  r 
begin  his  educational  life.  When  (he  rr|<irt 
the  twenty-four  came  to  be  printed,  as  Ik 
i(  would,  it  would  be  seen  that  this  insij 
cost  the  go\ ernment  by  far  too  nnvh  fi 
education  of  the.se  young  men.  Whetlurit . 
fvom  abuse  or  not,  such  was  the  fact  whc 
looked  at  utility  connected  with  the  exixn 
If  he  recollected  (he  leiwrt  aright  it  ppivi 
not  more  than  two  out  of  five  who  eiitm 
institution  remained  there  longenougl 
ate ;  and  not  two  more  out  of  five  prol 
who  entered  the  army.  If  his  memorv  .- 
him  right  the  rej^rt  would  show  tlm' 
graduate  coming  from  that  institution  in  ti 
ten  years,  had  cost  the  United  Stads  mmv 
five  thousand  dollars;  and  previouslyan 
larger  sum ;  and  he  believed  within  one 
the  gra<luates  had  cost  upwards  of  thirt}  t 
sand  dollars.  If  there  be  any  triitli  in 
statements  the  institution  must  be  niisninn 
or  nii-conductcd,  and  ought  to  be  tlinrnii 
investigated  and  reformed.  And  he  ii|i|« 
to  the  friends  of  (he  Academy  (owi(hiliaw 
ojiposition,  and  suffer  the  report  (o  he  pii 
and  the  select  committee  to  be  raised;  Im 


iliii 


I'll  tl 


ANNO  IHRC.    ANDllEW  JACKSON,  riU:siI)KNT. 


641 


,f  any  .l"ty  »^^-'«  ^'^"^^Vt " 

conjure,  an.l  beWeve.1  .f    lu. 

iitutionwouM  take  the  tnmiao 

;;;K.co.nnntt.ooft..u,y-f..r 

[■  the  c>;tttWi»hnu-nt  tlmn  thiy 
There  were  ulmses  in  thi.  .n- 
,,,.r.n  th.it  reiu.rt.<.fn.h«nK.t.r 
;,j„a,hel.ve«umea,uHngW.d- 
,„  floor  when  th.-y  cnnoo  1. 

,.  Wliive.1  the  princpV  of  tl.c  ..,- 
,U.,Hv  •uu-onsi.teut  wHh  th.  i-rin- 

•"  .Ui.tions;  h'.it  he  was  not 
htr  instiinno""? 
,:„^,  i.      lUformiifum  w«0>H  „V 

.  t\ie  only   UMntK    ij 

country  conMnwr-'^^--^^^'^"'^;'^ 
Xonly.utewuyhy.h...lnkv 

»um1     'r\»e  F""''!'^''  ''■"'  '"""' 
;^;.W.l.    >VcHawh..hvi.h..lsc,,n. 

hv.  the  P.vernment  f..r  u,hn,s-,  n 

aUull.n.tolH.eaucuMrro-11 

^vHevviee,  but  very  frenu...ly^jn;l 

;^vUh  the  secret  <U.s,,n  .u  ,l.r 
!..etb-.oUeHt.>thee,v,lpr-.H| 


<  ft   fViV\l<l    lll'»il 


Oiv 


■^'"^  '^""wftvfVr  the  future  ..IWol 

tr::;;^  ^vhenthe...,rl 


-^'"^;:i:::x;r;h.h.i.u!J 

'"  bvfartoonuvh0.rth 

•'^^•^""""'       ,nen.Wbotherit-,r., 


tppealcd  in  yain.    The  oppcwition  won  kept  up,   Rary  to  take  ii|>  the  rcNotution  of  inquiry,  and 
»n<l  tl»c  two-thinlH  rule  n^ftin  resorted  to,  and   K've  it  its  pr<>|K>r  relerenee. 
effectually  u«ed  to  balk  the  friends  of  inquiry.      rf'K'  ^^''^  ''"''  tin.  inv^;sti>rat,ion  Wen  re«i«t- 
"^  1        ,  ^  , -t  r     *■''»     Ih  It  not  an  innlitution  whu'h  has  already 

It  was  after  this  si-eond  failure  to  {,a't  ut  the  ^i^si  this  country  ii.or^  than  thne  niillionB  of 
gulject  repdarly  through  a  romni'.lee,  and  a  1  dollars,  for  which  you  proiiose.  in  this  very  bill, 
published   report,  that   the  friends  of  inquiry '»»  "I'l'i'l-'i'ition  of  inorc  than  one  hundreil  and 

resorted  to  the  last  alternative-thut  of  nn  at- '  '!"''^>'.  t'''"'^"";!  "'"""'•S  an.l  which,  at  the  sa.no 

.    .  tune,  in  tiie  estnnatiou  of  ft  lurjre  portion  of  the 

tack  upon  the  approjiriation.    T  he  opportunity  ^.111,,.,,^  „r  this   Inion.   has  tailed,  eminently 

for  this  was  not  presented  until  near  the  eml  of  ]  failed,  to  fiillil  the  ohjects  for  which  it  was  es- 
ihc  s«.sHion,  when  Mr.  Franklin  Pierce,  of  New  i  lablished.  of  siillirieiit  iuterol  an<l  imi)orlance 
Hampshire, delivend  a  well-,-onsi.lere.l  and  well- '  \'!  ^''"^i"'  "'^'  ••''«isiderati..n  of  acon.mittee  of  this 
'     ,'      ,         .        ,.,..,  ,    House,  and  of  the  House  Itself  f     I  should  have 

ronsoncil  .siHwha-Junst  the  institution,  bottomed  ^.3jj^.^.,^,,l  ,i„.  ..esolution  of  the  fjentleinan  from 
on  facts,  and  sustained  by  conclusions,  in  the  i  Kentucky  (Mr.  Ilawes).  menly  proponing  an 
highest  degree  condemnatory  of  the  Aeiulemy  ;  |  inquiry,  to  puss  willioiit  oppositiem,  had  I  not 


ind  wliich  will  be  given  in  the  next  chapter. 


witnessed  the  strong  sensation,  nay,  excitement, 
that  was  produced  here,  at  the  last  session,  l)y 
tht!  presentation  of  his  yet  unpublished  nqiort. 
Sir,  if  you  would  have  an  exhihition  of  highly 
excited  feeling,  it  rccpiires  little  ohscrvation  to 
learn  that  you  may  pi xluce  it  at  any  moment 
by  aftwking  such  laws  as  confer  exelusivo  and 
gratuitous  privileges.  The  adoption  of  the  re- 
solution of  inipiiry,  at  the  last  session  of  Con- 
gress, and  the  aiq)oiiituient  of  a  select  commit- 
tee under  it,  were  made  occasion  of  newHpa|)er 
"MR.t^iiAinMAN: — An  attempt  was  made  during  '  paragraphs,  which,  in  tone  of  lamentation  and 
till' ln.it  Congress  to  hring  the  sulyect  of  the  re-  (linl'ul  prediction,  rivalled  the  most  highly 
I  rpinization  of  the  Military  Academy  before  the  ,  wrought  specimens  of  the  jmnic  era.  One  of 
piuiitry,  through  a  re|M»rt  of  a  committee.    The  |  those  articles  I  have  preserved,  and  have  U'fore 


CHAPTER    CXL. 

MIUTAUY  ACADEMY-SI'EKCII  OF  Mil.  riEKCK. 


r->f  these  young  I---  , 

1    notsuch^v««thefact^vWui.v 

.d  the  rei)ort  aright  UprnvHll 
Icctedtmi  I         .         ,^„„„,n^Hl, 

than  l^^ «  ^^,,   ,,,  to  ;:KmJ 

,Tennuneathcic,iov  ,, 

„t  two  more  out  ot  liM  M' 
not  two  tr  his  memory  ^^M 

red  the  army.    ";'' .        th  •  '- 
t  the  reiwrt  would   bIu.w  i 

from  that  inslitntiouuitlHl: 

Isand  dollars ,  i  ^  j 


ijme  thing  has  In-en  flone  during  the  present 
.e->i«n,  again  and  again,  but  all  efforts  have 
jTiivcd  alike  unsuccessful!  Still,  3011  do  not 
i^ase  to  call  for  appropriations;  youietpiire  the 
topic's  money  for  the  supjH)it  of  the  iiislitii- 
iioii,  while  you  refu-e  them  the  light  nece.  wary 
to  enable  them  to  judge  of  the  propriety  of 
vom  annual  requisitions.    AVhether  the  amount 


mo.  It  ecmuuences  thus:  *  7'/ih  architcdn  (if 
ruin. — This  name  has  hceii  appropriately  given 
to  tho.sc  who  are  leading  on  the  ha.se,  the  igno- 
rant, and  the  unprincipled,  in  a  remorseless  war 
upon  all  the  guards  end  defmces  of  society.' 

'•  I  introduce  it  here  merely  to  show  what  are. 
in  certain  quarters,  considered  the  guards  ana 
defences  of  society.  After  various  oompliments, 
proi)o.<ed  to  he  appropriated,  hy  the  bill  upon  1  similar  to  that  Just  ciied,  the  article  priKCcds ; 
yoiirtahle, is  too  great  or  t<  <i  small, or  precisely  I 'All  this  is  dangerous  as  novel,  anil  the  ulti- 
>iifflcieiit  to  cover  the  current  cxpen.ses  of  the  mate  results  cannot  be  cinitemplated  without 
institution,  h  a  matter  into  which  I  will  not  at  ]  anxiety.  If  this  spirit  extends,  who  can  check 
fri'^cnt  inquire ;  but  I  shall  feel  hound  to  oppose  jit?  '•  Down  with  the  IJaiik  ;"  •'  down  with  the 
the  bill  in  every  stage  of  its  progress.  I  cannot  1  Jlilitary  Acadeiuv  ;"  "  down  with  the  Judici- 
vdte  a  single  dcdlar  until  the  resolution  of  in-  ^  ary  ;"  "  down  witli  the  Senate  ;"  will  be  follow- 
wirv,  presented  by  my  friend  from  Keiilueky  1  eil  by  watchwords  of  a  worse  character.'  Here, 
hMr.  Hawes),  at  an  early  day  in  the  session,  ,  Mr,  Chairman,  you  have  the  I  nited  States  Bank 
1  lie  first  taken  up  and  disposed  of.  1  am  ,  first,  ami  then  the  ililitaiy  Academy,  as  the 
Ijwari',  sir,  that  it  will  he  said,  because  I  have  ,  guards  and  defences  of  your  country.  U' it  lie 
Ifeird  the  same  declaration  on  a  former  oeca- 1  .-o,  you  are,  inileed,  feebly  protected.  One  of 
jwn,  that  this  is  not  the  proper  time  to  discuss  [  these  guards  and  defences  is  already  tottering. 

■architects  of  ruin' that  have 
ake  provision  for  cxiK'iises  ahead}'  incipied    resolved  its  downlall  /     Aiv  they  the  luuse,  the 


If  there  be  any  truth  iu 
ts  the  institution  ;"-;;,,.,„,, 
,,,t,a,  and  ought  to     0  t 

lends  of  thiAia        -^   __,  ,,^  ,,„  „„„t1 


lia  pjiit ;  anil  whatever  opinions  may  be  enter- 
luincil  upon  the  neci'ssity  of  a  reorganization, 
Ithe  a|i|)roprialion  must  be  made,    1  say  to  gen 


ignorant,  and  the  unprincipletl  ?  No,  sir.  The 
most  pure  and  patriotic  |iortion  of  jonreom- 
luunily:  the  staid,  inilustrious,  intelligent  far- 


^^^^--r''l:l^ 


!'»•  «"'^*^""'''.:;:  "to  be  raised;  b«t| 
■select  comnnttec  to  o 


itknuu  who  are  opposed  10  the  principle^  of  the  ;  mcrs  and  meehaiiies,  through  a  |iul)lic  servant, 
iwitiition,  and  to  those  wholielieve  tiiat  aluises  1  who  has  met  respoiisihililies  and  seconded  their 
pi-t,  which  ought  to  he  expo.-ed  and  coMected,  ,  wishes,  with  eijuai  intrepi'lity  and  success,  in 
kU  now  is  their  only  lime,  and  this  the  only  1  the  canip  and  in  the  ciibinet.  have  accomplished 
fpporluuity,  during  the  inesent  ses>ion,  to  at-  this  great  work,  .Mr.  Chairinaii,  there  is  no 
Slintliiir  iihjcct,  and  I  trust  they  will  steadily  \  real  danger  to  be  appielieuded  from  this  much- 
tKislthi'liili  until  its  friends  shall  (ind  it  ueces-  idixaded  levelling  priueiple. 

Vol.  I.— 41 


C42 


TFIIUTV  YRAllS'  VIKW. 


Jl 


"  Fnim  tl)o  miiidlinp  intercut  yon  hftvo  derived 
yonriiioHt  nhlo  ninl  oHlciriit  Hiip|M)it  intlic  most 
gloomy  iiml  tryiiij;  {kthmIm  of  your  history.  Ami 
wlint  fuivi'  (hoy  awkt'd  in  rcttirn  1  Xotliiii);  l»iit 
tl«'  coinnioii  ndvniita^'os  nn<l  Idortsinj^s  o''  ii  free 
goviTnnirnt,  administered  under  e(|iinl  nm!  im- 
luntiiil  fiiWH.  Tliey  are  n'sinmsilile  for  no  jMir- 
tion  of  your  li-ginhition,  whieh,  througli  it«  jiiir- 
tiiil  mid  nnJMBt  o|H>ration,  has  shaken  this  Tnion 
to  itH  centre.  That  hn«  had  its  origin  in  a  dif- 
f-rent  (juarter,  Kustaine<l  hy  wealth,  tlie  wealtii 
of  mono|i(ilieH,  and  tlie  power  nnd  inlluenee 
which  wealth,  thiin  arciniiidated  and  dis|Mised. 
never  fails  to  control.  Indeed,  nir,  while  far 
from  demanding  at  your  hands  si)ocial  fuvoi-s 
for  themselves,  they  have  not,  in  my  judgment, 
heen  suflleiently  Jealous  of  all  legislati<m  confer- 
ring exclusive  and  gratuitous  privileges. 

'•That  the  lawcreuting  the  institution,  of  which 
I  am  now  siH'aking,  and  the  practice  >inder  it,  is 
stnmgly  marked  liy  both  these  characteristics,  is 
apparent  at  a  single  glanc<«.  It  is  gratuitous, 
lurause  those  who  are  so  fortmiate  as  to  olttain 
admission  there,  receive  their  education  without 
any  obligation,  except  such  as  a  sense  of  honor 
may  impose,  lo  return,  cither  h}'  service  or  other- 
wise, the  slightest  equivalent.  It  is  exclufiive. 
inasmuch  as  oidy  one  yiMith,  out  of  a  ]iopulation 
of  more  than  47,000,  can  participate  in  its  ad- 
vantages at  the  same  time  ;  ami  those  who  aie 
succesisful  ai-e  admitted  at  an  age.  when  their 
^characters  cannot  have  iM'come  developed,  and 
with  very  little  knowIe<lg«'  of  their  adapta- 
tion, menial  or  fdiysical,  for  military  life.  The 
system  disregiinls  one  of  those  great  principles 
which,  cHirieil  info  practice,  coutriliuted,  jkt- 
hi\ps,  nio,"e  than  any  other  to  render  the  arms 
of  Na|)oiei>n  invincible  lor  so  many  years.  Who 
doos  not  percieve  that  it  destroys  the  very  life 
and  spring  «if  military  ardor  and  enthusiasm, 
by  utterly  foreclosing  all  hope  of  promotion  to 
the  soldier  and  non-coiiunissioned  officer?  How- 
ever meritorious  may  be  his  services,  however 
pre-eminent  may  become  his  nualiflcations  f<ir 
command,  all  is  unavailing.  The  portcullis  is 
dropjwd  between  him  and  preferment ;  (he  wis- 
dom of  your  laws  having  provided  another  cri- 
terion than  that  of  admitted  courage  and  con- 
duct, by  which  to  determine  who  are  worthy  of 
command.  They  have  made  an  Academy,  Aviiere 
a  certain  nundter  of  yoimg  gentlemen  are  edu- 
cated amuially  at  the  pidilic  cxi)ense,  and  to 
which  there  is,  «>f  consei|uence,  a  general  rush, 
not  so  much  from  sentiments  of  patriotism  an<l 
a  ta.ste  for  military  life,  as  from  motives  less 
worthj- — the  avenue,  and  the  only  aveiuie,  to 
rank  in  your  army.  These  are  truths,  Mr. 
Chairman,  which  no  man  will  pretenil  to  deny ; 
and  I  leave  it  for  this  Hou.sc  an<l  the  na{ion  to 
determine  whether  they  'o  not  exhibit  a  spirit 
of  cxdusiveness,  alike  at  variance  with  the  ge- 
nius of  your  government,  and  the  efllciency  and 
chivalrous  character  of  your  military  force. 

"Sir,  no  man  can  feel  more  deeply  interested 
in  the  army,  or  entertain  a  higher  regard  for  it, 


than  mvsclf.  Afy  earliest  recolIectlonR  con 
themselves  fomlly  an<l  gratefully  with  the  na 
of  (he  brave  nien  who.  relinipiishing  the  q 
and  si'ciirity  of  civil  life,  were  staking  theii 
upon  the  «fefence  of  their  country's  i  ightn 
honor.  One  of  the  most  distinguished  an 
that  noble  band  now  occupies  and  honors  a 
u|ion  (his  floor.  It  is  not  lit  that  I  shoiilil 
ilulge  in  expri'ssions  of  |(er.sonal  reapeet  and 
mira(ion,  which  I  am  sure  woid<l  find  a  liei 
respoii-e  in  the  bosom  of  every  member  of 
conunittee.  I  allude  to  him  nu'nly  to  e.\p 
the  hone  (hat,  on  some  oirasion,  we  may  ii 
u|K)n  this  subject,  the  benetlt  of  his  expirii 
and  observation.  Aixl  if  his  opinions  shall 
fer  fiom  my  own,  !  promise  carefully  (o  i\\ 
every  s(ei)  by  which  I  have  been  led  (o  uiy 
sent  conclusions.  You  cannot  mistake  nte, 
I  refir  * )  the  hero  of  Kiie.  I  have  decli 
myself  the  friend  of  the  army.  Satisfy  me,  tl 
what  measures  are  bes.  cahiilated  to  iindi' 
ed'ective  and  what  all  desiie  it  to  be,  and  i 
for  the  proposition  with  n\y  whole  heart. 

"  But  1  cannot  believe  tliat  the  Mili(ary  j 
tlemy,  as  at  niTsent  oi-gani/.ed,  is  calculate! 
accomplish  tfiis  desirable  end.     It  niay.iinil 
doubtedl)'  does,  siml   firth    into   tlie   cipiin 
nuich  military  knowledge;  but  the  advani 
which  jour  army,  or  that  which  will  coiistii 
your  army  in  time  of  need,  dcnves  from  it.  in 
no  means  connm-nsurate  with  the  ex|K'nse 
incur.     Here,  Mr.  ('hairm.in,  pennit  nic  to 
tkat    r  deny,  utterly,  the  expediency,  and 
right    to  educate,  at   the   ptddic  cxihusc, 
numberof  yoimg  men  whi>, on  the  coinplitini 
their  education, are  not  to  (brm  a  portion  ef} 
military  force,  but  to  return   to  tiie  uuiki 
jirivate  life,     .'^nch  was  m-ver  the  operal 
the   .Military  Academy,  until  after  the  i 
1812;  and  the  d(M!trine,  so  far  as  I  have 
■able  to  ascertain,  was  first  formally  annoiii 
by  a  distinguished  individual,  at  this  time 
ciently  jealous  of  the  exercise  of  e.veciitiv 
tromige,  and  greatly  alarmed  by  what  lio 
(vives  to  l»e  the  tendencies  of  this  govenii 
to  centralism   and  consolidation.     It  ma 
found  in  tlu'  report  of  the  Secretary  of 
communicated  to  Congivss  in  1M'.>. 

'If  it  shall,  upon  due  consideration,  R' 
the  sanction  of  Congress  and  the  countrv 
sec  no  limit  to  the  exercise  of  power  an( 
eminent  patronage.      Follow  out   the  i 
pie,  and  where  will  it  lead  you  ?    Yon  ci 
upon    the    national    government    the   ai 
guardianship  of  literature  and  science,  ini 
and  civil ;  you  need  not  stop  at  military  .scii 
any  one,  in  the  wide  range  of  .sciences,  1k' 
at  once  a  legitimate  and  constitutional  ob) 
you."  patroni>;;o  ;  yoti  arc  conlined  by  no 
liui  J  .Mir  ili.scretion ;  you  have  no  check  lail 
own  good  plea.sure.     If  you  may  allbrd  in 
ti'-M,  at  the  public  exi>en.se,  in  the  langnaj: 
()hilosophy,  in  chemistry,  and  in  the  exiu 
ences,  to  yoimg  gentlemen  who  are  und 
obligation  to  enter  the  service  of  their  coi 


In: 


ANXO  1886.    ANDREW  JACKSON,  PRE»IDKST. 


G43 


;:;;:„  f    .is.,  nion.uy  t.. ..... 

which  nmv.- lKvnW.lt..  my  ,.n^ 

•"    ;  f  »"iii'      I  hivvi'  <l»'cliiMi 

,e,„l  ,.f  Ihi  »'^  >  I  ^.,  „,„,,r  it 

rS«na:t:ittoWa...np 

l„,U.t\..-lK«Vct.»tUH  ,^^^,^„,,^ 

,l„(.s.  S.I..I   \"'»'      '     i,,^.  ,^,lvuuta;. 

I-  nrmy,  <)i  '■"■"    <.^..^.^  fv.,iii  it,i>l'v 
"'♦■""'■''^'VV   i    the.  c.x,..u-oy,,n 

„V.nn,anMiolt..loim»  ,;.^,,f 

^,S-y,  until  «.^;;j-;:l 

M»>^ •>••*•''■%;.;  finally  anno..m.d 

U..US  of  the  oxtrci.  i 
,^.  the  tcn.lencioH    .f    h>''  I-  , 

the  report  ot  tlw   'J',,,     ^ 
_,„te.l  to  ^'<'"l^;-*^^«%'"    Juration,  a^xivol 

on  of  ton;j;it  »  »  j  j,,,^. 

'.nil  to  the  exern^^  of   ^^  ,,^,  ,     , 

jwherexvil    »t  >«   'i  J  ,      „,„„lu„ 

',    national    P''^'^'' '     ,\"  ci.nco,  milit:.ri 

;-t,,eNviaemnge     t^        ;,,,^,^^ 
^^»^'''""*:,"t"cm;tin.ahv,>oliu 

,1  i.U'ttsure.     I  f  y o  '  "**>,    ia„puii?  >. ' 


but  are,  in  fact,  (leHtino<l  for  civil  life,  why  nmy 

viiu  not.   I>v  parity  of  niwoninjt,  providi-  tho 

iiioanH  of  u  legal,  or  theolo};ical,  or  nie<lical  <.(lii- 

cnti<.n,on  the  gro.nnl  that  the  recipienttt  of  your 

)ioiiiily  will  (.arry  fuith  a  f.nui  of  nseful  know- 

li.<i|:e,  that  may,  at  i.onie  time,  untli.r  some  cir- 

ciim-stances,  j.rodiiee  a  iMMii-licial  inflnence,  ami 

promote  'the  jji'iieial  welfare  ?'     Sir,  1  fear  that 

tveii  Kc.me  of  uh  may  live  to  see  the  day  whin 

tiiii*  .fioneral  wolf.ire'  of  yoin-  eonstitntion  will 

liiive  n«  little  gronnil  to  h(.ast  of  u  novernnu-nt 

iif  liiniteil  powcrn.      Itnt  I  did  not  propoHt.  at 

tliis  time   to  discuss  the  uhstract  (HU'ntion  of 

ouistitntit.iial  rijjht.     1  will  rejjard  the  expcdi- 

(iioy  alone ;  and,  whi.llit.r  the  power  exist  or  m>t, 

Its  exercise,  in  an  instilnlion  like  this,  is  snl.vcr- 

jivo  (if  the  only  principle  n{Hin  which  a  school, 

oiniducted  at  the  public  c.\|M..nHc.  can  be  made 

jiriilitahlc  to  the  pnl.lic  service — that  of  makinp; 

an  admission  into  yourscluM)!,  and  un  education 

'here,  s«..condary  to  an  appointment  in  the  army. 

Sir,  this    distinctive   feature   characterized    all 

viiiir  legislation,  and  all  execntivu  ix'conni.indu- 

iioiii',  down  to  iSlO. 

•  I  may  as  well  noti(.e  licit;,  as  at  any  time, 
jii  answer  which  has  always  lK;eu  ready  when 
ohji'ctions  have  been  raised  to  this  institution — 
311  answer  which,  if  it  has  not  proved  (|uile  sa- 
(.faotoiy  to  minds  that  yield  their  assent  more 
ivadily  to  stroll);  reasons  than  to  the  authority 
vf  fK^t  nanicH,  has  yet,  uniiucstionabl^',  exer- 
rit'l  a  powerful  inilnence  iip(.n  the  public  mind. 
It  huK  not  gone  forth  upon  the  authority  of  an 
individual  merely,  but  has  been  publishc<l  to  the 
\MirM  with  the  appn.baticm  of  u  committee  of  a 
Miner  Congress.  It  is  this:  that  the  institu- 
ti'in  has  received,  at  dillercnt  times,  the  saiic- 
iiiiuif  such  names  as  WiLshingtoii,  Adams,  and 
JelTi'rsc.n ;  and  this  has  lH;en  claimed  with  such 
Uldiirss,  and  in  a  form  so  imposing,  as  almost 
to  forbid  any  question  of  its  accuracy.  If  :lii- 
Wire  correct,  in  jioint  of  fact,  it  would  Ik*  enti- 
ilcdtu  the  most  profound  respect  and  considera- 
lion.  and  no  change  should  lie  urgi  1  against  the 
wiicht  of  such  authority,  without  mature  delib- 
fr»tion,and  thorough  conviction  <.•',  ex|)cdiency. 
Unfortunately  for  the  advocates  of  the  instilu- 
tiDii,  and  fortunately  for  the  interests  of  the 
(oiintry,  this  claim  cannot  be  sustained  by  re- 
k'lice  to  executive  documents,  from  the  lirst 
ftpiirt  of  General  Knox,  in  IT'.H),  to  the  close 
({.Mr.  JcU'erson's  adiniiiLjlrution. 

The  error  has  undoubtedly  innocently  oc- 

Irarroil,  by  confounding  tlio  Military  Academy 

(West  Point  as  it  wa.s,  with  the  Military  Aca- 

py  at  West  Point  »s  it  is.     The  report  of 

"  iritary  Knox,  just  relVrred  to,  is  chainicter- 

fcil  l.y  this  distinctive  feajire — that  the  corps 

ijwsed  to  be  oi.ganize<l  were  '  to  serve  us  an 

tual  defence  to  the  community,'  and  to  consti- 

iliaimrt  of  the  active  military  force  of  the 

»iintry,'to  serve  in  the  fieliJ,  or  on  the  frontier, 

in  th3  fortifications  of  the  sea-coast,  as  the 

[wniander-in-chief  may  diivct.'     At  a  later  pe- 

'  the  report  of  the  Secutary  of  War  (Mr. 


McIFenry),  communicated  til  Pongross  in  IHOO, 
although  it  pro|s)sed  a  plan  fur  milltarv  scIhmiIs, 
ditU'i'ing  in  many  esKei.tial  particulars  fixnii  thosu 
which  liad  preceiled  it.  .-fill  retained  tin  di«tinc- 
live  feature  just  i.umed  a.s  chiiracleriziii;:;  there- 
port  of  (ienerul  Knox. 

'.With  rigaid  to  educating  young  men  gratu- 
itously, which,  whatever  iniv  have  been  the 
<lesigu.  1  um  i.iepured  to  show  is  the  pnietieal 
o|M'ratioii  of  the  Academy,  as  at  present  organ- 
ized, I  cannot,  perhans,  exhibit  more  clearly  the 
sentiments  of  the  Kxirutive  at  that  eai  ly  day, 
ii|.geiit  as  was  the  occitsiou,  ami  strong  as  must 
have  Ueii  the  desire,  to  give  strength  and  elll- 
cieiicy  to  llit  military  lorce,  than  by  reading  one 
or  two  paragraphs  from  a  Bupplemeiitiuy  report 
of  .Secretary  McIIeiiry,  uddifssed  to  the  chair- 
man of  the  Committee  of  Defence,  on  the  ;Ust 
January, 1800. 

'"The  Si  retary  says:  'Agreeably  to  the  plan 
of  the  Military  Acaileiny,  the  directors  thereof 
are  to  Ix;  ollir^  is  taken  from  the  :iniiy ;  conse- 
quently, no  exiK'Use  will  Ix^  iiicuircd  by  such 
appoiiuiiients.  The  plan  also  contemplates  that 
ofllccrs  of  the  army,  cadets,  and  non-cominis- 
sioned  onlcers,  shall  receive  instruction  in  the 
Academy.  As  the  rati(.iis  and  fuel  which  llicy 
arc  eiiiitk"!  to  in  the  army  will  siilfice  for  them 
in  the  Acaduinv,  no  addilif.nal  expense  will  l»e 
required  for  olij^fts  of  maintenance  while  there. 
The  expenses  sen  ants  and  certain  ineideiitul 
exi)eiises  relative  to  the  iiolicc  and  I'dmiiiistra- 
tiou,  may  be  defrayed  by  those  who  shall  be 
admitted,  out  of  their  nay  mid  eraohimeiits.' 

"Yon  will  <.bseive,  Mr.  Chairman,  from  the 
plirasetdogy  of  the  report,  that  all  were  to  con 
stitiite  a  part  if  your  actual  military  i'orce  ;  and 
that  whati  Ner  ad<litionnl  charges  should  be 
incurred,  were  to  be  defrayed  by  tlu.se  who 
might  receive  the  advantages  of  instruction. 
These  wfie  provisions,  just,  as  they  are  impor- 
tant. Let  me  call  your  attention  for  a  moment 
to  a  report  of  Col.  Will  anis,  which  was  niado 
the  subject  of  a  special  message,  communicated 
to  Congress  by  .Mr.  Jefl'erhoii,  on  the  iXth  of 
.March,  I><(  The  extract  I  propose  to  read,  as 
sustaining  fill  y  the  views  of  Mr.  AlcIIenry  upon 
this  point,  is  in  the  following,  words:  'It  might 
be  well  to  make  the  plan  M|)on  such  a  scale  as 
not  only  to  take  in  the  mii  r  officers  of  the  navy, 
Imt  also  any  yoi  Mis  from  any  of  the  States  who 
might  w'sh  for  mkIi  an  education,  whether  de- 
signed fur  the  army  or  navy,  or  neither,  and  let 
them  be  as.scssed  to  the  value  of  their  education, 
wl.  'h  might  fonn  a  fund  for  extra  or  contingent 
■  \|R"ii.se8.'  Sir,  the.^c  are  the  true  doctrines  ujion 
this  siibjci  1  ;  doctrines  worthy  of  the  adminis- 
tration under  which  they  were  promulgated, 
and  in  acc«»rdancc  with  the  views  of  s'  itesinen  in 
the  earlier  and  purerdays  of  the  Republic.  (Jivo 
to  the  officers  of  your  army  the  highest  advan- 
tages for  perfection  in  ali  the  branches  of  military 
science,  and  let  those  advantages  be  o|k;ii  U)  all, 
in  rotation,  and  under  such  terms  and  regulations 
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THIRTY  YEARS'  VIEW. 


and  advantageous  to  the  service ;  but  let  all 
young  gentlemen  who  have  a  tar^'i  for  military 
life,  and  desire  t«  adopt  arms  as  a  profession, 
prepare  themselves  for  subordinate  situations 
at  their  own  expense,  or  at  the  expense  of  their 
parents  or  guardians,  in  the  same  manner  that  the 
youth  of  the  country  are  qualified  for  the  profes- 
sions of  civil  life.  Sir,  while  upon  this  subject  of 
gratuitous  education,  I  will  read  an  extract  from 
'  Dupin's  Mihtary  Force  of  Great  Britain,'  to  show 
what  favor  it  finds  in  another  country,  from  the 
practice  and  experience  of  which  we  may  derive 
some  advantages,  however  far  from  approving  of 
its  institutions  generally.  The  extract  is  from 
the  2d  vol.  71st  page,  and  relates  to  the  terms  on 
which  young  gentlemen  are  admitted  to  the  ju- 
nior departments  of  the  Royal  Military  College 
at  Sandhurst. 

"  First :  The  sons  of  officers  of  all  ranks, 
whether  of  the  land  or  sea  forces,  who  have 
died  in  the  service,  leaving  their  families  in  pe- 
cuniary distress ;  this  class  are  instructed,  board- 
ed, and  habited  gratutiously  by  the  State  ;  be- 
ing required  only  to  provide  their  equipments 
on  admission,  atjd  to  maintain  themselves  in 
linen.  Secondly :  The  sons  of  all  officers  of  the 
army  above  the  rank  of  subalterns  actually  in 
the  service,  and  who  pay  a  sum  proportioned  to 
their  ranks,  according  to  a  scale  per  annum  re- 
gulated by  the  supreme  board.  The  sons  of  living 
naval  officers  of  rank  not  below  that  of  master 
and  commander,  are  also  admitted  on  payment 
of  annual  stipends,  similar  to  those  of  corres- 
ponding ranks  in  the  army.  The  orphan  sons 
of  officers,  who  have  not  left  their  families  in 
pecuniary  difficulties,  are  admitted  into  this  class 
on  paying  the  stipends  required  of  officers  of  the 
rank  held  by  their  parents  at  the  time  of  their 
decease.  Thirdly :  The  sons  of  noblemen  and 
private  gentlemen  who  pay  a  yearly  sum  equiv- 
alent to  the  expenses  of  their  education,  board, 
and  clothing,  according  to  a  rate  regulated  from 
time  to  time  by  the  commissioners.'  Sir,  let  it 
be  remer  l/cred  that  these  are  the  regulations 
of  a  government  which,  with  all  its  wealth  and 
power,  is,  from  its  structure  and  practice,  groan- 
ing under  the  accumulated  weight  of  pensions, 
sinecures,  and  gratuities,  and  yet  you  observe, 
that  only  one  class,  '  the  sons  of  officers  of  all 
ranks,  whether  of  the  land  or  sea  forces,  who 
have  died  in  the  service,  leaving  their  families  in 
pecuniary  distress,'  are  educated  gratuitously. 

"  I  do  not  approve  even  of  this,  but  I  hold  it 
up  in  contrast  with  your  own  principles  and 
practice.  If  the  patience  of  the  committee  would 
warrant  me,  Mr.  Chairman,  I  could  show,  by 
reference  to  Executive  communications,  and  the 
concurrent  legislation  of  Congress  in  1794, 1790, 
1802,  and  1808,  that  prior  to  the  last  mentioned 
date,  such  an  institution  as  we  now  have  was 
neither  recommended  nor  contemplated.  Upon 
this  point  I  will  not  detain  you  longer ;  but 
when  hereafter  confronted  by  the  authority  of 
great  «ames,  I  trust  we  shall  be  told  where  the 
expressions  of  approbation  are  to  be  found.  We 


may  then  judge  of  their  applicability  to  the 
Military  Academy  as  at  present  organized.  I 
!  am  far  from  desiring  to  see  this  countrj'  desti- 
tute of  a  Military  Academy  ;  but  1  would  have 
it  a  school  of  practice,  and  instruction,  for  officdN 
actually  in  the  service  of  the  United  States  :  nut 
an  institution  for  educating  gratuitously,  youn(» 
gentlemen,  who,  on  the  completion  of  their  temr 
or  after  a  few  months'  leave  of  absence,  resin^n 
their  commissions  and  return  to  the  pursuits ^of 
civil  life.  If  any  one  doubts  that  tliis  is  tlie 
practical  operation  of  j'our  present  system,  I  re- 
fer him  to  the  annual  list  of  resignations,  to  be 
found  in  the  Adjutant  General's  office. 

"  Fiimly  as  I  am  convinojd  of  the  necessity 
of  a  reorganization,  I  would  take  no   step  to 
create  an  unjust  prejudice  against  the  institution, 
All  that  I  ask,  and,  so  far  as  I  know,  all  tliat 
any  of  the  opponents  of  the  institution  ask,  is. 
that  after  a  full  and  impartial  investigation  it 
shall  stand  or  fall  upon  its  merits.    I  know- 
there  are  graduates  of  the  institution  Mho  are 
ornaments  to  the  army,  and  an  honor  to  their 
country;  but  they,  and  not  the  seminary, are 
entitled  to  the  credit.      Here  I  would  roinark, 
once  for  all,  that  I  do  not  reflect  upon  the  otli- 
cers  or  pupils  of  the  Academy ;  it  is  to  the  prin- 
ciples of  the  institution  itself,  as  at  present  or- 
ganized, that  I  object.     It  is  often  said  that  tlic 
graduates  leave  the  institution  with  sentiments 
that  but  ill  accord  w.Hh  the  feelings  and  opinions 
of  the  great  mass  of  the  people  of  that  jrovern- 
ment  from  which  they  derive  the  means  of  edu- 
cation, and   that  many  who  take  commi5.qons 
possess  few  qualifications  for  the  conunand  of  I 
men,  either  in  war  or  in  peace.    Most  of  tiic  f 
members  of  this  House  have  had  more  or  Ic-s 
intercourse  with  these  young  gentlemen,  ami  I 
leave  it  for  each  individual  to  form  his  own 
opinion  of  the  correctness  of  the  charges.  Thus 
much  I  will  say  for  myself,  that  I  believe  tliiit 
these,  and  greater  evils,  are  the  natural,  if  not  j 
the  inevitable,  result  of  the  p"inciples  in  whicii 
this  institution  is  founded ;  and  any  system  of  | 
education,  established  upon  similar  principles 
on  government  patronage  alone,  will  produce! 
like  results,  now  and  for  ever.     Sir,  what  are! 
some  of  these  results  ?    By  the  report  of  the 
Secretary  of  War,  dated  January,  1831,  wearel 
informed  that,  "  by  an  estimate  of  the  last  livej 
years  (preceding  that  date),  it  appears  that  " 
supply  of  the  army  from  the  corps  of  graduated 
cadets,  has  averaged  about  twenty-two  annuallyJ 
while  those  who  graduated  are  about  forty] 
making  in  each  year  an  excess  of  eiglitccn. 
number  received  annually  into  the  Acailcniyavc 
rages  one  hundred,  of  which  only  the  uiinil« 
stated,  to  wit,   forty,    pass  through  the 
scribed  course  of  education  at  schools,  and 
come  supernumerary  lieutenants  in  the  aniivj 
By  the  report  of  the  Secretary  of  War,  Df 
cember,  1830,  wc  are  informed,  that  "  the  nun 
ber  of  promotions  to  the  ai-my  fioni  this  corp 
for  the  last  five   years,  has  averaged  M 
twenty-two   annually    while    the   number 


The 

I  lived  i 

nee, 

I  larkec 

[larged  • 
actuall' 

jfor; 

Iniueh  ■ 
tain  the 

l«iithori: 

inilitarv 
'lie  act  I 
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fflri 


ANNO  1836.     ANDREW  JACKSON,  PIUISIDEXT. 


645 


c  of  their  applicability  to  the 
L  as  at  present  organized.  I 
^JinK  to  see  this  countrj-  desti- 
Jl  Academy;  hut  Iv^yild  have 
actice  and  instruction  for  offic(T> 
'eS  of  the  United  States:  not 

p  rXcatinK  gratuitously,  young 
'^ntrcompUn  of  their  tern, 
Aionths'  leave  of  absence,  resign 
•  nllri  return  to  the  pursuits  of 
'^SronVdSts  that  this  is  the 
v?k,no?your  present  system, Ire- 
fllL^ist  of  resignations,  to  be 

^i^r^oS^o?^^'"-^^^^^ 

8  I  am  «>»;»  ^    no   step  to 

''^^'°"'-  ^ai^e  acaiiS  the  institution. 

,0  the  aiuij)  semuiiiry.are 

at  *eyvr\iere  I  would  romurk. 

*H°  fr  In  not  reflect  upon  the  offi- 

^'^'"f\lo  AcademyTit  i'to  the  pviu- 
,\ls  of  the  Acaaeu  >  ,  ^^ 

.cinstitution   t.lj^^tjj^^^^^^^^^ 

,at  I  object    It  ;^  *J';.iti,  sentimints 

leave  the  V;f  SeeUn^^ '^"'1 '^l'™^^^^ 
11  accord>v^th  the  fee  m^^  ^^^^^  ^ 

,at  mass  of  th^  ff "J'J^^e  mcansot  edu- 
1  which  they  derive  ine  .   ;^^. 

1  that  many  who  take  co  ^^ 

f     qualifications  for  the  co^^^  ^^  ^^^^ 
fr  in  war  or  i"  Pf=^^^  more  or  loss 

'«'  *'£    IreVoung  gentlemen,  andl 
te  With  these  youui,  b  ^^^^^ 

or  each  i"<i>^'''^"^\ie  clm-es.  Thus 
'^the  correctness  of  the  «haM       ^^^^^ 

.i^^-yffeXSeTe  natural,  if  not 

greater  cvUS,  a       ^^    j^eg  ,„  which 

[able,  result  of  tie  p^  ^^^,^^5 

,  established  ^Vom  U  F«<1« 
Anient  patron^g.  ^^^^J.^'  ^^  J^.^  , 
Its,  now  and  forever.^  ^^  ^^^^^  ^,  , 

[these  results  f    f/,.„ijry  1831,  weare 
of  War,  dated  Ja""^Jn  ..^^  astN 
ti,,t,"byanesti™^^^^^^^^ 
.^ceding  «jat  df  e)  't    W  ^^  ^ 

:  the  army  tiom  inc       1         ^^^^y.^„ 
,5  averaged  about  tN^cnt^t 

k^*^^^■'-^'^XnotheAcaaemy.«' 
received  »?"  f  ihS  only  the  «">•>'' 
e  hundred,  of  ^^^"f ,?"  i^,„h  the  v' 

o  wit,   forty,   f'^Hc  Solsa">ll 
Uurse  of  education  at  8ch"0^; 

pumeraryl^et^en^^^^^^^^^ 
report  of  the  ?«« W       ,  ^,^^  ,^,,j 
Awcareinfo"«.dt!^^^^ 
Lromotions  to  the  armj  ,  ^^ 

f  last  five   year^.,^   «  £   ^hcr' 

[two    annually    wnn^ 


graduates  has  been  at  an  average  of  fortj\  This 
excess,  which  is  annually  increasing,  has  placed 
eighty-seven  in  waiting  until  vacancies  shall 
tiike  place,  and  show  that  in  the  next  year, 
probably,  and  in  the  succeeding  one,  certainly, 
there  will  be  an  excess  beyond  what  the  exist- 
ing law  authorizes  to  be  commissioned.  There 
will  then  be  KIG  supernumerary  brevet  second 
lieutenants  appurtenant  to  the  army,  at  an 
average  annual  expense  of  $8it,0l)0.  Sir,  that 
results  here  disclosed  were  not  anticipated  by 
Mr.  Madison,  is  apparent  from  a  recurrence  to 
his  messages  of  1810  and  1811. 

•'In  passing  the  law  of  1812,  both  Congress 
and  the  President  acted  for  the  occasion,  and 
they  expected  those  who  should  succeed  them 
to  act  in  a  similar  manner.     Their  feelings  of 
patriotism  and  resentment  were  aroused,  by  be- 
holding tlie  privileges  of  freemen  wantonly  in- 
vaded, our  glorious  stars  and  stripes  disregard- 
ed, and  national  and  individual  rights  trampled 
in  the  dust.    The  war  was  pending.    The  ne- 
cessity for  increasing  the  military  force  of  the 
country  was  obvious  and  pressing,  and  the  ur- 
r^ent  occasion  for  increased  facilities  for  military 
instruction,  equally  apparent.    Sir,  it  was  under 
circumstances  like  these,  when  we  had  not  only 
enemies  abroad,  but,  I  blush  to  say,  enemies  at 
home,  that  the  institution,  as  at  present  organ- 
ized, had  its  origin.    It  will  hardly  l)e  pretended 
that  it  was  the  original  design  of  the  law  to 
augment  the  number  of  persons  instructed,  be- 
yond the  wants  of  the  public  service.    Well,  the 
report  of  the  Secretary  shows,  that  for  five  years 
prior   to    1831,  the  Academy  had   furnished 
eighteen  supernumeraries  annually.    A  practical 
operation  of  this  character  ha.s  no  sanction  in  the 
recommendation  of  Mr.  Madison.    The  report 
demonstrates,   further,    the   fridtfulness    and 
ulUUy  of  this  institution,  by  showing  the  fact, 
that  but  two-fifths  of  those  who  enter  the 
Academy  graduate,  and  that  but  a  fraction  more 
than  one-fifth  enter  the  public  service.    This  is 
not  the  fault  of  the  administration  of  the  Acade- 
my ;  it  is  not  the  fault  of  the  young  gentlemen 
who  are  sent  there ;  on  your  present  peace  es- 
tablishment there  can  be  but  little  to  stimulate 
them,  particularly  in  the  acquisition  of  military 
science.    There  can  hardly  be  but  one  object  in 
the  mind  of  the  student,  and  that  would  be  to 
obtain  an  education  for  the  purposes  of  civil  life. 
The  difficulty  is,  that  the  institution  has  out- 
lived both  the  occasion  that  called  it  into  exist- 
ncc,  and  its  original  design.    I  have  before  re- 
I  marked,  that  the  Academy  was  manifestly  en- 
I  lirgcd  to  correspond  with  the  army  and  militia 
I  actually  to  be  called  into  service.    Look  then 
I  for  a  moment  at  facts,  and  observe  with  how 
much  wisdom,  justice,  and  sound  policy,  you  rc- 
1  tain  the  provisions  of  thclawof  1812.    Thetotal 
luthorized  force  of  1813,  after  the  declaration  of 
Kar,  was  58,254;  and  in  October,  1814,  the 
Iniilitary  establishment  amounted  to  62,428.    By 
llhe  act  of  March,  1815,  the  peace  establishment 
jwas  limited  to  10,000,  and  now  hardly  exceeds 


that  number.  Thus  you  make  a  reduction  of 
more  than  50,000  in  your  actual  military  force, 
to  accommodate  the  cxjienses  of  the  government 
to  its  wants.  And  why  do  you  refuse  to  do  the 
same  with  your  grand  system  of  public  educa- 
tion? Why  does  that  remain  unchanged  ?  Why 
not  reduce  it  at  once,  at  least  to  the  actual  wants 
of  the  service,  and  dispense  with  your  <;()rj)s  of 
supernumerary  lieutenants  ?  Sir,  there  is,  t  here 
can  be  but  one  answer  to  the  question,  and  that 
may  be  found  in  the  war  report  of  1810,  to  which 
1  have  before  liad  occasion  to  allude.  The  Sec- 
retary says,  '  the  cadets  who  cannot  be  provided 
for  ill  the  army  will  return  to  private  life,  but 
in  the  event  of  a  war  their  knowledge  will  not 
be  lost  to  the  country.'  Indeed,  sir,  these  young 
gentlemen,  if  they  could  be  induced  to  take  the 
field,  would,  after  a  lapse  of  ten  or  fifteen  years, 
come  up  from  the  bar,  or  it  may  be  the  pulpit, 
fresh  in  military  science,  and  admirably  quali- 
lied  for  command  in  the  face  of  an  enemy.  Tlie 
magazine  of  facts,  to  prove  at  the  same  glance 
the  extravagance  and  unfruitfulness  of  this  in- 
stitution, is  not  easily  exhausted :  but  I  am  ad- 
monished by  the  lateness  of  the  hour  to  omit 
many  considerations  which  I  regard  as  both  in- 
teresting and  important.  I  will  only  detain  the 
committee  to  make  a  single  statement,  jjlacing 
side  by  side  some  aggregate  results.  There  has 
already  been  expended  upon  the  institution  more 
than  three  millions  three  hundred  thousand  dol- 
lars. Between  1815,  and  1821,  thirteen  hundred 
and  eighteen  students  were  admitted  into  the 
Academy ;  and  of  all  the  cadets  who  were  ever 
there,  only  two  hundred  and  sixty-five  remain- 
ed in  the  service  at  the  end  of  1830.  Here  are  the 
expenses  you  have  incurred,  and  the  products 
you  have  realized. 

"  I  leave  them  to  be  balanced  by  the  people. 
But  for  myself,  believing  as  I  do,  that  the  Acad- 
emy stands  forth  as  an  anomaly  among  the  in- 
stitutions of  this  country ;  that  it  is  at  variance 
with  the  spirit,  if  not  the  letter  of  the  constitu- 
tion under  which  we  live  ;  so  long  as  this  House 
shall  deny  investigation  into  its  principles  and 
practical  operation,  I,  as  an  individual  member, 
will  refuse  to  appropriate  the  first  dollar  for  its 
support." 


CHAPTER    CXLI. 

EXPUNGING  EESOLUTION— PERORATION  OF  SEN- 
ATOR BENTON'S  SECOND  SPEECIL 

"  The  condemnation  of  the  President,  combining 
as  it  did  all  that  illegality  and  injustice  could  in- 
flict, had  the  further  misfortune  to  be  co-opera- 
tive in  its  effect  with  the  conspiracy  of  the  Bank 
of  the  United  States  to  effect  the  most  wicked 


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646 


THIRTY  YEARS'  VIEW 


luvl  universal  scheme  <jf  mischief  whicli  the 
annals  of  modern  times  exhibit.  It  was  a  plot 
against  the  government,  an<l  against  the  pro- 
perty of  the  country.  'I'he  government  was  to 
be  upset,  and  property  revolutionized.  Six 
hundred  banks  were  to  bo  broken — the  general 
currency  ruined — myriads  bankrupted — all  bu- 
siness stopped — all  property  sunk  in  value — 
all  confidence  destroyed !  that  c  if  this  wide 
spread  ruin  and  pervading  distress,  the  vengeful 
institution  might  glut  its  avarice  and  ambition, 
trample  upon  the  President,  take  possession  of 
tho  government,  reclaim  its  lost  deposits,  and 
perpetuate  its  charter.  These  crimes,  revolting 
and  frightful  in  themselves,  were  to  be  accom- 
plished by  the  perpetration  of  a  whole  system 
of  subordinate  and  subsidiary  crime !  the  people 
to  be  deceived  and  excited  ;  the  President  to  be 
calumniated  ;  the  efTccts  of  the  bank's  own  con- 
duct to  be  charged  upon  him ;  meetings  got  up ; 
business  suspended;  distress  deputatitms  or- 
ganized ;  and  the  Senate  chamber  converted  into 
a  theatre  for  the  dramatic  exhibition  of  all  this 
fictitious  woe.  That  it  was  the  deep  and  sad 
misfortune  of  the  Senate  so  to  act,  as  to  be  co- 
operative in  all  this  scene  of  mischief,  is  too  fully 
proved  by  the  facts  known,  to  admit  of  denial. 
I  speak  of  acts,  not  of  motives.  Tho  effect  of 
the  Senate's  conduct  in  trying  the  President 
and  uttering  alarm  speeclies,  was  to  co-operate 
with  tlie  bank,  and  that  secondarily,  and  as  a 
subordinate  performer;  for  it  is  incontestable 
that  the  bank  began  tho  whole  affair ;  the  little 
book  of  fifty  pages  proves  that.  The  bank  be- 
gan it ;  the  bank  followed  it  up ;  the  bank  at- 
tends to  it  now.  It  is  a  case  which  might  well 
be  entered  on  our  journal  as  a  State  is  entered 
against  a  criminal  in  the  docket  of  a  court :  the 
Bank  of  the  United  States  versus  President 
Jackson :  on  impeachment  for  removing  the  de- 
posits. The  entry  would  be  just'fied  by  the 
facts,  for  these  are  the  indubitable  facts.  The 
bank  started  the  accusation ;  the  Senate  took  it 
up.  The  bank  iurnished  arguments;  the  Se- 
nate used  them.  The  bank  excited  meetings ;  the 
Senate  extolled  them.  The  bank  sent  deputa- 
tions ;  the  senators  received  them  with  honor. 
The  deputations  reported  answers  for  the  Presi- 
dent which  he  nevergave;  thf  Senate  repeated  and 
enforced  these  answers.  Hand  in  hand  through- 
out tho  whole  process,  the  bank  and  the  Senate 
acted  together,  and  succeeded  in  getting  up  the 


most  serious  and  afflicting  panic  ever  known  in 
this  country.    The  whole  country  was  agitated. 
Cities,  towns,  and  villages,  the  entire  country 
and  the  whole  earth  seemed  to  be  in  commotion 
against  one  man.    A  revolution  was  proclainied ! 
the  overthrow  of  all  low  was  announced !  the 
substitution  of  one  man's  will  for  the  voice  of 
the  whole  government,  was  daily  asserted  !  the 
public  sense  was  astounded  and  bewildered  with 
dire  and  portentous  annunciations  1     In  tiie 
midst  of  all  this  machinery  of  alann  and  distress 
many  good  citizens  lost  their  reckoning ;  sensi- 
ble heads  went  wrong ;  stovit  hearts  quailed ;  olil 
friends  gave  way ;  temporizing  counsels  came  in  • 
and  the  solitary  defender  of  his  country  was 
urged  to  yield  !    Oh,  how  much  depended  upon 
that  one  man  at  that  dread  and  awful  point  of 
time  !    If  he  had  given  way,  then  all  was  gone! 
An  insolent,  rapacious,  and  revengeful  institu- 
tion would  have  been   installed  in  sovorLi'n 
power.    The  federal  and  State  governments^  tiie 
Congress,  the  Presidency,  the  State  legislatures 
all  would  have  fallen  under  the  dominion  of  the 
bank ;  and  all  departments  of  the  government 
would  have  been  filled  and  administered  by  llio 
debtors,  pensioners,  and  attorneys  of  tliat  in- 
stitution,   lie  did  not  yield,  and  the  country 
was  saved.    The  heroic  patriotism  of  one  man 
prevented  all  this  calamity,  and  saved  tlie  Ke- 
public  from  becoming  the  appendage  and  fiefol 
a  moneyed  corporation.    And  what  has  been 
his  reward  ?    So  far  as  the  people  are  concernwl, 
honor,  gratitude,  blessings,  everlasting  benedic- 
tions ;  so  far  as  the  Senate  is  concerned,  dis- 
honor, denunciation,  stigma,  infamy.    And  sliiill 
these  two  verdicts  stand  ?    Shall  our  jounial 
bear  the  verdict  of  infamy,  while  the  hearts  of 
the  people  glow  and  palpitate  with  the  verdict 
of  honor  ? 

"  President  Jackson  has  done  more  for  the  j 
human  race  than  the  whole    tribe  of  politi- 
cians put  together ;  and  shall  he  remain  stigma- 
tized and  condemned  for  the  most  glorious  action  j 
of  his  life  ?    The  bare  attempt  to  stigmatize  .Mr, 
Jefferson  was  not  merely  expunged,  but  cutout  j 
from  the  journal;  so  that  no  trace  of  it  remains  j 
upon  the  Senate  records.    The  designs  are 
same  in  both  cases ;  but  the  aggravations  aiej 
inexpressibly  greater  in  the  case  of  PrcsiflentJ 
Jackson.    Referring  to  the  journals  of  the  IIousol 
of  Representatives  for  the  character  of  the  at^ 
tempt  against  President  Jefferson,  and  the 


ANNO  1830.     ANDREW  JACKSON,  I'llESIDENT. 


647 


d  afflicting  panic  ever  known  in 

Cho  whole  country  was  agitated. 

in.1  villages,  the  entire  country 

>arth  seemed  to  be  in  commotion 

1.    A  revolution  was  proclivimccl ! 

of  all  htw  was  announced',  llie 

one  man's  will  for  the  voice  of 

rnment,wa8  daily  asserted '.  the 

as  astounded  and  bewildered  with 

tcntous  annunciations!     In  tiie 

is  machinery  of  alarm  and  distress, 

izcns  lost  their  reckoning;  sensi- 

it  wrong ;  stout  hearts  quailed ;  old 

,ay ;  temporizing  counsels  came  m ; 

tary  defender  of  his  country  was 

d  I     Oh,  how  much  depended  upon 

I  at  that  dread  and  awful  point  of 

had  given  way,  then  all  was  gone! 

rapacious,  and  revengeful  inst.lu- 

'have  been  installed  in  soverei::n 

e  federal  and  State  governments,  the 

;,c  Presidency,  the  State  legislatures, 

avc  fallen  under  the  dominion  of  the 

all  departments  of  the  government 

.  been  filled  and  administered  by  tlu 

>nsioncrs,  and  attorneys  of  that  n,- 

Ho  did  not  yield,  and  the  country 

The  heroic  patriotism  of  one  man 

all  this  calamity,  and  saved  the  Rt. 

.becoming  the  appendage  and  hefol 

I  corporation.    And  what  has  been 

7     So  far  as  the  people  are  concerned, 

fitude,  blessings,  everlasting  benertic 

far  as  the  Senate  is  concerned    .- 
.unciation, stigma,  infamy.    And. ha 
verdicts  stand?    Shall  our  jo™ 
crdict  of  infamy,  while  the  hearts  0 

glownndpalpitate  with  the  ve,d>ct 

ent  Jackson  has  done  more  for  the 

Tthan  the  whole    tribe  of  poht- 
together;  and  shall  he  remain  8t,gm- 
ondemnedforthomostglonousacon 
1    The  bare  attempttostigmatizeMr 
vas  not  merely  expunged, but  cutout 
lLal-,sothatnotraceofitrenu, 
Senate  records.    The  designs  arc  the 
Senses;  but  the  aggrava.«^ 
iblv  greater  in  the  case  of  Pro  lent 
'^Utothejournalsof  jom. 

;cntatives  for  the  character   fhc^"! 
dnst  President  Jefferson,  and  then* 


sons  for  repulsing  it,  and  it  is  seen   that  the 
attempt  was  made  to  criminate  Mr.  .JfU'tTson, 
and  to  charge  liiin   upon  the  journals  with  a 
riulation  of  the  laws  ;  and  that  this  attemiit  was 
made  at  a  time,  and  iinder  circumstunces  insidi- 
ously calculated  to  excite  unjust  suspicion   in 
the  minds  of  the  people  against  the  Chief  Magis- 
trate.    Such  was  precisely  the  character  of  tlic 
charge;  and   the  efiuct  of  the  charge   against 
President  Jackson,  with  the  difference  only  that 
the  proceeding  against  President  Jackson,  was 
many  ten  tliousand  times  more  revolting  and 
aggravated ;  commencing  as  it  did  in  the  Bank, 
carried  on  by  a  violent  political  party,  prosecuted 
to  sentence  and  condemnation ;  and  calculated, 
if  believed,  to  destroy  the  President,  to  change 
tlie  administration,  and  to  put  an  end  to  popular 
aprcsentative  government.    Yes,  sir,  to  put  an 
end  to  elective  and  representative  government ! 
For  what  arc  all  the  attacks  upon  President 
Jackson's  administration  but  attacks  upon  the 
people  who  elect  and  re-elect  him,  who  approve 
his  administration,  and  by  approving,  make  it 
their  own  ?     To  condemn  such  a  President,  thus 
Biipported,  is  to  condemn  the  pople,  to  condemn 
the  elective   principle,  to  condemn  the  funda- 
ineutal  principle  of  our  government;  and  to 
establish  the  favorite  dogma  of  the  monarchists, 
that  the  pcojile  are  incapable  of  self-government, 
and  will  surrender  themselves  as  collared  slaves 
into  the  hands  of  military  chieftains. 

"Great  are  the  services  which  President 
Jackson  has  rendered  his  country.  As  a  Gene- 
ral he  has  extended  her  frontiers,  saved  a  city, 
and  carried  her  renown  to  the  highest  pitch  of 
glory.  Ilis  civil  administration  has  rivalled  and 
transcended  his  warlike  exploits.  Indemnities 
priKurcd  from  the  great  powers  of  Europe  for 
Fpoliations  committed  on  our  citizens  under 
former  administrations,  and  which,  by  former 
idministrations  were  reclaimed  in  vain  ;  peace 
ind  friendship  with  the  whole  world,  and,  what 
is  more,  the  respect  of  the  whole  world  ;  the 
character  of  our  America  exalted  in  Europe ; 
60  exalted  that  the  American  citizen  treading 
the  continent  of  Europe,  and  contemplating 
the  sudden  and  great  elevation  of  the  national 
^  character,  might  feel  as  if  he  himself  was  an 
j  hundred  feet  high.  Such  is  the  picture  abroad ! 
,  At  home  we  behold  a  brilliant  and  grateful 
fccno;  the  public  dibt  paid, — taxes  reduced, — 
the  gold   currency  restored,  —  the   Southern 


States  rolea.sed  from  a  useless  and  dangerous 
jiopulation, — all  disturbing  questions  settled, — 
a  gigantic  moneyed  institution  rejmlsed  in  its 
march  to  the  coiwuiest  of  the  government, — the 
highest  prosperity  attained,  —  and  the  Hero 
Patriot  now  crowning  the  list  of  his  glorious 
services  by  covering  his  country  with  the  j)anoply 
of  defence,  and  consummating  his  measures  for 
the  restoration  and  preservation  of  the  currency 
of  the  constitution.  AVe  have  had  brilliant  and 
prosperous  administrations;  but  that  of  Presi- 
dent Jackson  eclipses,  surpiisses,  and  casts  into 
the  shade,  all  that  have  preceded  it.  And  is 
he  to  be  branded,  stigmatized,  condemned,  un- 
justly and  untruly  condemned ;  and  the  records 
of  the  Senate  to  bear  the  evidence  of  this  out- 
rage to  the  latest  posterity  ?  Shall  this  Presi- 
dent, so  glorious  in  peace  and  in  war,  so  success- 
ful at  home  and  abroad,  whose  administration, 
now,  hailed  with  applause  and  gratitude  by  the 
people,  and  destined  to  shine  for  unnumbered 
ages  in  the  political  firmament  of  our  history  : 
shall  this  President,  whose  name  is  to  live  for 
ever,  whose  retirement  from  life  and  seivices 
will  be  through  the  gate  that  leads  to  the  tem- 
ple of  everlasting  fame;  shall  Jie  go  down  to 
posterity  with  this  condemnation  upon  him; 
and  that  for  the  most  glorious  action  ot  liis  life  ? 

"  Mr.  President,  I  have  some  knowledge  of 
history,  and  some  acquaintance  with  the  dangers 
which  nations  have  encountered,  and  from 
which  heroes  and  statesmen  have  saved  them. 
I  have  read  much  of  ancient  and  modern  his- 
tory, and  nowhere  have  I  found  a  parallel  to 
the  services  rendered  by  President  Jackson  in 
crushing  the  conspiracy  of  the  Bank,  but  in  the 
labors  of  the  Roman  Consul  in  ci-ushing  the 
conspiracy  of  Catiline.  The  two  conspiracies 
were  identical  in  their  objects;  both  directed 
against  the  government,  and  the  property  of 
the  country.  Cicero  extinguished  the  Catili- 
narcan  conspiracy,  and  saved  Rome ;  President 
Jackson  defeated  the  conspiracy  of  the  Bank, 
and  saved  our  America.  Their  heroic  service 
was  the  same,  and  their  fates  have  been  strange- 
ly alike.  Cicero  was  condemned  for  violating  the 
laws  and  the  constitution ;  so  has  been  President 
Jackson.  The  consul  v;as  refused  a  hearing  in  his 
own  defence:  so  has  been  President  Jackson.  The 
life  of  Cicero  was  attempted  by  two  assassins; 
twice  was  the  murderous  pistol  levelled  at  our 
President.    All  Italy,  the  whole  Roman  world, 


648 


THIRTY  YEARS'  VIEW. 


R. 


r'U^ 


i ,'  'J*'   1 


bore  Cicero  to  the  Capitol,  iuul  tore  tlie  peiitonco 
ofthe  consul's  condemnation  from  tlwfduli  of  the 
republic :  a  million  of  Americans,  fathers  and 
heads  of  families,  now  demand  the  expurjration  of 
the  sentence  apiainst  the  President.  Cicero,  fol- 
lowed by  all  that  w.as  virtuous  in  Home,  repaired 
to  the  temple  of  the  tutelaiy  gods,  and  swore 
upon  the  altar  that  he  had  saved  his  country : 
President  Jackson,  in  the  temple  of  the  living 
God,  might  take  the  same  oath,  and  find  its  re- 
sponse in  the  hearts  of  millions.  Nor  shall  the 
parallel  stop  here  ;  but  after  times,  and  remote 
posterities  shall  render  the  same  honors  to 
each.  Two  thousand  years  have  passed,  and 
the  great  actions  of  the  consul  are  fresh  and 
green  in  history.  The  school-boy  learns  them  ; 
the  patriot  studies  them ;  the  statesman  applies 
them  :  so  shall  it  be  with  our  patriot  President. 
Two  thousand  years  hence, — ten  thousand, — 
nay,  while  time  itself  shall  last,  for  who  can 
contemplate  the  time  when  the  memory  of  this 
republic  shall  be  lost  ?  while  time  itself  shall 
last,  the  name  and  llime  of  Jackson  shall  remain 
and  flourish ;  and  this  last  great  act  by  which 
he  saved  the  government  from  subversion,  and 
property  from  revolution,  shall  stand  forth  as 
the  seal  and  crown  of  his  heroic  services.  And 
if  an}-  thing  that  I  myself  may  do  or  say,  shall 
survive  the  brief  hour  in  which  I  live,  it  will 
be  the  part  which  I  have  taken,  and  the  efforts 
which  I  have  made,  to  sustain  and  defend  the 
great  defender  of  his  country. 

"  Mr.  President,  I  have  now  finished  the  view 
vrhich  an  imperious  sense  of  duty  has  required 
me  to  take  of  this  subject.  I  trust  that  I  have 
proceeded  upon  proofs  and  facts,  and  have  left 
nothing  unsustained  which  I  feel  it  to  be  my 
duty  to  advance.  It  is  not  my  design  to  repeat, 
or  to  recapitulate  ;  but  there  is  one  further  and 
vital  consideration  which  demands  the  notice 
of  a  remark,  and  which  I  should  be  faithless  to 
the  genius  of  our  government,  if  I  should  pre- 
termit. It  is  known,  sir,  that  ambition  for 
office  is  the  bane  of  free  States,  and  the  conten- 
tions of  rivals  the  destruction  of  their  country. 
These  contentions  lead  to  every  species  of  in- 
justice, and  to  every  variety  of  violence,  and 
all  cloaked  with  the  pretext  of  the  public  good. 
Civil  wars  and  banishment  at  Rome ;  civil  wars, 
and  the  ostracism  at  Athens ;  bills  of  attainder, 
star-chamber  prosecutions,  and  impeachments 
in  England ;  all  to  get  vid  of  some  envied,  or 


hated  rival,  and  all  pretexted  with  the  pi'blia 
f;ood :  such  has  been  the  history  of  free  States 
for  two  thousand  years.     The  wise  men  who 
framed  our  constitution  were  well  aware  of  all 
this  danger  ami  all  this  mischief,  and  took  efRc- 
tual  care,  as  thvy  thought,  to  guard  against  it. 
Banish. :>ent,  the  ostracism,    the   Btar-cliainber 
prosecutions,  bills  of  attainder,  all  those  sum- 
mary  and  violent  modes  of  hunting  down  a 
rival,  which  deprive  the  victim  of  defence  Ijy 
depriving  him  of  the  intervention  of  an  accus- 
ing bo<ly  to  stand  between  the  accuser  and  the 
trying  bouy;  all  these  are  proscribed  by  the 
genius    of    our    coristitution.      Impeachments 
alone  are   permitted ;  and   these  would  most 
usually  occur  for  political  offences,  and  be  of  a 
character  to  enlist  the  passions  of  many,  and 
to  agitate  the  country.    An  effectual  guard,  It 
was  supposed,  was  provided  against  the  abuse 
of  the  impeachment  power,  first,  by  requiring  a 
charge  to  be  preferred  by  the  House  of  Repre- 
sentatives, as  the  grand  Inquest  of  the  nation; 
and  nc.rt,  in  confining  the  trial  to  the  Senate, 
and  requiring  a  majority  of  two-thirds  to  con- 
vict.    The  gravity,  the  dignity,  the  age  of  the 
senators,  and  the  great  and  various  powers  with 
which   they  were  Invested — greater  and  more 
various  than  are  united  in  the  same  persons 
under  any  other  constitutional  government  upon 
earth — these  were  supposed  to  make  the  Senate 
a  safe  depository  for  the  impeachment  power; 
and  if  the  plan  of  the  constitution  is  followed 
out  it  nmst  be  admitted  to  be  so.    But  if  a 
public  officer  can  be  arraigned  by  his  rivals 
before  the  Senate  for  impeachable  offences  witli- 
out  the  intervention  of  the  House  of  Represen- 
tatives, and  if  he  can  be  pronounced  guilty  by 
a  simple  majoritj"^,  instead  of  a  majority  of  two- 
thirds,  then  has  the  whole  frame  of  our  govern- 
ment miscarried,  and  the  door  left  wide  open  to 
the  greatest  mischief  which  has  ever  afflicted 
the  people  of  free  States.     Then  can  rivals  and 
competitors  go  on  to  do  what  it  was  intended 
they  should  never  do ;  accuse,  denounce,  con- 
demn, and  hunt  down  each  other !    Great  has 
been  the  weight  of  the  American  Senate.  Time 
loas  when  its  rejections  for  office  were  fata!  to  | 
character ;  time  is  when  its  rejections  are  rather  j 
passports  to  public  favor.     Why  this  sad  and 
ominous  decline  ?     Let  no  one  deceive  himself. 
Public  opinion  is  the  arbiter  of  character  in 
cur  enlightened  day ;  it  is  the  Areopagus  from  j 


"■i 


ANNO  1836.     ANDREW  JACKSON,  PRESIDENT. 


649 


,U  pretexted  Avith  the  prWifl 
,ecn  the  history  of  free  States 
,1  years.  The  wise  men  who 
titufum  Nvero  well  aware  of  all 
all  this  mischief,  ancUook  cffic- 

y  thought,  to  guard  agamst  it, 


ic  ostracism, 


the  Btar-ciiamliur 
Us  of  attainder,  all  those  s«m- 
ent  modes  of  hunting  down  a 
.privc  the  victim  of  defence  ly 
of  the  intervention  of  an  accus- 
uulbetween  the  accuser  and  the 

all  these  arc  proscribed  by  the 
,r  co'istitution.  Impeachments 
rmitted;and  these  would  niost 

for  political  offences,  and  he  of  a 
,nlist  the  passions  of  many  and 

country.  An  effectual  guard,  it 
.1  >vas  provided  against  the  abuse 
chment  power,  first,  by  requ.mg  a 

prfermlbytheHouseofUopre- 
s  the  grand  Inquest  of  the  nauon; 

confining  the  trial  to  the  Senate, 
raljorityoftwo-thirdstocon- 
Ivity,  the  dignity,  the  age  of  th 
d  the  great  and  various  powers  wuh 

^-ere  invested-greater  and  n>ore 
L  are  united  in  the  same  persons 

Uer  constitutional  governriu-nt  upon 

ew  re  supposed  to  make  the  Senate 
Itlry  for  the  impeachment  F^v"'; 
f  ♦!,»  r-onstitution  is 

But  if  a 


,Un  of  the  constitution  is  followed 
be  admitted  to  be  so. 

be  arraigned  by  his  rival. 
jachablc  offences  with- 


which  there  is  no  appeal !  That  arbiter  has 
pronounced  against  the  Senate.  It  has  sustained 
the  President,  and  condemnod  tlie  Senate.  If 
it  had  sustained  the  Senate,  the  President  must 
have  been  ruined !  as  it  has  not,  the  Senate 
must  be  ruined,  if  it  perseveres  in  its  course, 
and  goes  on  to  brave  public  opinion ! — as  an  in- 
stitution, it  must  be  ruined ! 


tor  can 

i::::r:i!;:rL  House  of  Ke^; 

if  he  can  be  pronounced  gu,lt>l3j 

.ority,  instead  of  a  majority  of  twc 

Tha   the  whole  frame  of  our  gover - 

r?ed,  and  the  door  left  wide  open 

t  mischief  which  has  ever  afflict  d 

of  free  States.  Then  can  r.vas  and 
fj  on  todowhat  it  was  intended 
d  never  do;  accuse,  denounce,  con- 

\::rdown'each  other  I    Great  - 
eight  of  the  American  Senate    Tun 

'rejections  for  ofhce  were  fata 
tS  when  its  rejections  uventhe 

,  IV  f,.vor  Why  this  6a«l  and 
^'?  irtn^oneleceivehinisoif. 
;:^rlS^^Herofcharact.™ 
Cday,itistheAreopagusfro. 


CHAPTER  CXLII. 

DISTRIBUTION  OF  THE  LAND  REVENUE. 

"The  great  loss  of  the  bank  has  been  in  the 
depreciation  of  the  securities ;  and  the  only  way 
to  regain  a  capital  is  to  restore  their  value.    A 
large  portion  of  them  consists  of  State  stocks, 
which  are  so  far  belc  .v  their  intrinsic  worth  that 
the  present  prices  could  not  have  been  antici- 
pated by  any  reasonable  man.    No  doubt  can 
be  entertained  of  their  ultimate  payment.    The 
States  themselves,  unaided,  can  satisfy  every 
claim  against  them  ;  they  will  do  it  spcedilj--,  if 
Congress  adopt  the  measures  contemplated  for 
their  relief.    A  division  of  the  public  lands 
among  the  States,  which  would  enable  them  all 
to  pay  their  debts — or  a  pledge  of  the  proceeds 
of  sales  for  that  purpose — would  be  abundant 
security.    Either  of  these  acts  would  inspire 
confidence,  and  enhance  the  value  of  all  kindo 
of  property."    This  paragraph  appeared  m  the 
Philadelphia  National  Gazette,  was  attributed 
to  Mr.  Biddle,  President  of  the  Bank  of  the 
United  States ;  and  connects  that  institution 
with  ail  the  plans  for  distributing  the  public 
land  money  among  the  States,  either  in  the 
•liapc  of  a  direct  distribution,  or  in  the  disguise 
of  a  deposit  of  the  surplus  revenue ;  and  this  for 
the  purpose  of  enhancing  the  value  of  the  State 
stocks  held  by  it.    That  institution  was  known 
to  have  interfered  in  the  federal  legislation,  to 
promote  or  to  baffle  the  passage  of  laws,  as 
ideemed  to  be  favorable  or  otherwise  to  her  in- 
iterests ;  and  this   resort  to  the  land  revenue 
[through  an  act  of  Congress  was  an  eminent  in- 
stance of  the  spirit  of  interference.     This  dis- 
ibution   had   become,  very   nearly,  a  party 
tture ;  and  of  the  party  of  wliich  the  bank 
a  member,  and  Mr.  Clay  the  chief.    lie  was 


the  author  of  the  scheme — had  introduced  it  at 
several  sessions — and  now  renewed  it.   ^Ir.  Web- 
ster also  made  a  proposition  to  the  same  elfect  at 
this  .session.    It  was  the  summer  of  the  presiden- 
tial election ;  and  great  calculations  were  made  by 
the  party  which  favored  the  distribution  upon 
its  effect  in  adding  to  their  popularity.    Mr. 
Clay  limited  his  plan  of  distribution  to  five  years ; 
but  the  limitation  was  justly  considered  as  no- 
thing— as  a  mere  means  of  beginning  the  system 
of  these  distributions — which  once  began,  would 
go  on  of  themselves,  while  our  presidential  elec- 
tions continued,  and  any  thing  to  divide  could 
be  found  in  the  treasury.     Mr.  Benton  oppo.sed 
the  whole  scheme,  and  confronted  it  with  a  pro- 
position to  devote  the  surplus  revenue  to  the 
purposes  of  national  defence ;  thereby  making 
an  issue,  as  he  declared,  between  the  plunder  of 
the  country  and  the  defence  of  the  country. 
He  introduced  an  antagonistic  bill,  as  he  termed 
it,  devoting  the  surplus  moneys  to  the  public 
defences  ;  and  showing  by  reports  from  the  war 
and  navy  departments  that  ecven  millions  a 
year  for  fifteen  years  would  be  required  for  the 
completion  of  the  naval  defences,  and  thirty 
millions  to  complete  the  military  defences ;  of 
which  nine  millions  per  annum  could  be  benefi- 
cially expended ;  and  then  went  on  to  say  : 

"  That  the  reports  from  which  he  had  read, 
taken  together,  presented  a  complete  system  of 
preparation  for  the  national  defence ;  every  arm 
and  branch  of  defence  was  to  be  provided  for  ;  an 
increase  of  the  navy,  including  steamships ;  ap- 
propriate fortifications,  including  steam  batter- 
ies ;  armories,  foundries,  arsenals,  with  ample 
supplies  of  arras  and  munitions  of  war ;  an  in- 
crease of  troops  for  the  West  and  Northwest ; 
a  line  of  posts  and  a  military  road  from  the  Red 
River  to  the  Wisconsin,  in  the  rear  of  the  settle- 
ments, and  mounted  dragoons  to  scour  the 
country ;  every  thing  was  considered ;  all  was 
reduced  to  system,  and  a  general,  adequate,  and 
appropriate  plan  of  national  defence  was  pre- 
sented, sulficicnt  to  absorb  all  the  surplus  re- 
venue, and  wanting  nothing  but  the  vote  of 
Congress  to  carry  it  into  effect.  In  this  great 
system  of  national  defence  the  whole  Union  was 
equally  interested ;  for  the  country,  in  all  that 
concerned  its  defences,  was  but  a  unit,  and  every 
section  was  interested  in  the  defence  of  every 
other  section,  and  every  individual  citizen  was 
interested  in  the  defence  of  the  whole  popula- 
tion. It  was  in  vain  to  say  tliat  the  navy  was 
on  the  sea,  and  the  fortifications  on  the  seaboard, 
and  that  the  citizens  in  the  interior  States,  or 
in  the  valley  of  the  Mississippi,  had  no  interest 
in  these  remote  defences.    Such  an  idea  was 


..'fl^  '.'t. 


(,  >. 


^  I 


'^1 


650 


THIRTY  YEARS'  VIEW. 


iiui 


mistaken  and  delusive.  The  inhabitant  of  Mis- 
souri and  of  Indiana  had  a  direct  interest  in 
kcppinp;  open  the  mouths  of  the  rivers,  defending 
the  seaport  towns,  and  preserving  a  naval  force 
that  woidd  protect  the  produce  of  his  labor 
in  crossing  the  ocean,  and  arriving  safely  in 
foreign  markets.  All  the  forts  at  the  moath 
of  the  Mississippi  were  just  as  much  for  the 
benefit  of  the  western  States,  as  if  those 
States  were  down  at  the  mouth  of  that  river. 
So  of  all  the  forts  on  the  Gulf  of  Mexico.  Five 
forts  are  completed  in  the  delta  of  the  Missis- 
sippi ;  two  are  completed  on  the  Florida  or 
Alabama  coast ;  and  seven  or  eight  more  are 
projected;  all  calculated  to  give  security  to 
western  commerce  in  passing  through  the  Gulf 
of  Mexico.  Much  had  been  done  for  that  fron- 
tier, biit  more  remained  to  be  done  ;  and  among 
the  great  works  contemplated  in  that  quarter 
were  large  establishments  at  Pensacola,  Key 
West,  or  the  Dry  Tortugas.  Large  military  and 
naval  stations  were  contemplated  at  these  points, 
and  no  expenditure  or  preparations  could  exceed 
in  amount  the  magnitude  of  the  interests  to  be 
protected.  On  the  Atlantic  board  the  commerce 
of  the  States  found  its  way  to  the  ocean  through 
many  outlets,  from  Maine  to  Florida;  in  the 
West,  on  the  contrary,  the  whole  commerce  of 
the  valley  of  tho  Mississippi,  all  that  of  the  Al- 
abama, of  western  Florida,  and  some  part  of 
Georgia,  passes  through  a  single  outlet,  and 
reaches  the  ocean  by  passing  between  Key  West 
and  Cuba.  Here,  then,  is  an  immense  commerce 
collected  into  one  channel,  compressed  into  one 
line,  and  passing,  as  it  were,  through  one  gate. 
This  gives  to  Key  West  and  the  Dry  Tortugas 
an  importance  hardly  possessed  by  any  point  on 
the  globe;  for,  besides  commanding  the  com- 
merce of  the  entire  West,  it  will  also  command 
that  of  Mexico,  of  the  West  Indies,  of  the  Carib- 
bean sea,  and  of  South  America  down  to  the 
middle  of  that  continent  at  its  most  eastern  pro- 
jection. Cape  Roque.  To  understand  the  cause 
of  all  this  (Mr.  B.  said),  it  was  necessary  to 
look  to  the  trade  winds,  which,  blowing  across 
the  Atlantic  between  the  tropics,  strike  the 
South  American  continent  at  Cape  Roque,  fol- 
low the  retreating  coast  of  that  continent  up 
to  the  Caribbean  sea,  and  to  the  Gulf  of  Mexico, 
creating  the  gulf  stream  as  they  go,  and  by  the 
combined  effect  of  a  current  in  the  air  and  in  the 
water,  sweeping  all  vessels  from  this  side  Cape 
Roque  into  its  stream,  carrying  them  round  west 
of  Cuba  and  bringing  them  out  between  Key 
West  and  the  Havana.  These  two  positions, 
then,  constitute  the  gate  through  which  every 
thing  must  pass  that  comes  from  the  valley  of 
the  Mississippi,  from  Mexico,  and  from  South 
America  as  low  down  as  Cape  Roque.  As  the 
masters  of  the  Mississippi,  we  should  be  able  to 
predominate  in  the  Gulf  of  Mexico ;  and,  to  do 
so,  we  must  have  great  establishments  at  Key 
West  and  Pensacola.  Such  establishments  are 
now  proposed ;  and  every  citizen  of  the  West 
should  look  upon  them  as  the  guardians  of  his 


own  immediate  interests,  the  indispensable  safe- 
guard to  his  own  commerce ;  and  to  liim  tho 
highest,  most  sacred,  and  most  beneficial  object 
to  which  surplus  revenue  could  be  applied.  Tliu 
Gulf  of  Mexico  should  be  considered  as  the  es- 
tuary of  the  Mississippi.  A  naval  and  military 
supremacy  should  be  established  in  tlmt  gulf 
cost  what  it  might ;  for  without  that  supremacy 
the  commerce  of  the  entire  West  would  lie  at 
the  mercy  of  the  fleets  and  privateers  of  inimical 
powers. 

"  Mr.  B.  returned  to  the  immediate  object  of 
his  remarks — to  the  object  of  .showing  tlmt  tlie 
defences  of  the  country  would  absorb  every  sur- 
plus dollar  that  would  ever  be  found  in  the  trea- 
sury.   He  recapitulated  the  aggregates  of  tlio.su 
heads  of  expenditure  ;  for  the  navy,  about  forty 
millions  of  dollars,  embracing  the  increase  of 
the  navy,  navy  yards,  ordnance,  and  repairs  of 
vessels  for  a  series  of  years  ;  for  fortifications 
about  thirty  millions,  reported  by  the  enpinter 
department ;  and  which  sum,  after  rcducin},'  tht 
size  of  some  of  the  largest  class  of  forts,  not  vet 
commenced,  would  still  be  large  enough,  witii 
the  sum  reported  by  the  ordnance  department, 
amounting  to  near  thirty  millions,  to  make  a 
totality  not  much  less  than  one  hundred  milljonf!; 
and  far  more  than  suflicient  to  swallow  up  nil 
the  surpluses  which  will  ever  be  found  to  e.\ist 
in  the  treasury.    Even  after  deducting  much 
from  these  estimates,  the  remainder  will  still  {;o 
beyond  any  surplus  that  will  actually  be  fouml. 
Every  person  knows  that  the  present  year  is  im 
criterion  for  estimating  the  revenue ;  excess  uf 
paper  issues  has  inflated  all  business,  and  led  to 
excess  in  all  branches  of  the  revenue ;  next  year 
it  will  be  down,  and  soon  fall  as  much  below 
the  usual  level  as  it  now  is  above  it.    Jlore  tliaa 
that ;  what  is  now  called  a  surplus  in  the  trea- 
sury is  no  surplus,  but  a  mere  accumulation  fur  j 
want  of  passing  the  appropriation  bills.   The 
whole  of  it  is  pledged  to  the  bills  'vhich  are  I 
piled  upon  our  tables,  and  which  we  cannot  get 
passed  ;  for  the  opposition  is  strong  enough  to 
arrest  the  appropriations,  to  dam  up  the  mony 
in  the  treasury ;  and  then  call  that  a  surplus 
which  would  now  be  in  a  course  of  expenditure,  if  [ 
the  necessary  appropriation  bills  could  be  passed, 

"  The  public  defences  will  require  near  one  j 
hundred  millions  of  dollars ;  the  annual  amount  I 
required  for  these  defences  alone  amount  to  I 
thirteen  or  fourteen  millions.  The  engineer  | 
department  answers  explicitly  that  it  can  bcne-J 
ficially  expend  six  millions  of  dollars  annually;! 
the  ordnance  that  it  can  beneficially  expend! 
three  millions  ;  the  navy  that  it  can  beneficiallyj 
expend  several  millions ;  and  all  this  for  a  serie^ 
of  years.  This  distribution  bill  has  five  yean 
to  run,  and  in  that  time,  if  the  money  is  applied 
to  defence  instead  of  distribution,  the  great  worl^ 
of  national  defence  will  be  so  far  completed  i 
to  place  the  United  States  in  a  condition  to  cau.1 
her  rights  and  her  interests,  her  flag  and  hej 
soil,  to  be  honored  and  respected  by  the  wholj 
world." 


ANNO  1836.     ANDREW  JACKSON,  PRESIDENT. 


651 


.interests,  the  indispensable  sao. 
,n  comuWce;  and  to  .b  m  Iho 
rred,andnu.stbcnet\c.ulobj«;t 
rn^vVnuocouUlbeap|.hed  11,. 
i  should  be  considered  as  the  OS- 
o  ».»"".  .  ^yal  and  n\ihtary 
rbrestatlisbedinthut,«lf, 
Tm  .  for  without  that  supveimcy 
:"ofthoenTiro  West  would  lie  »t 
the  fleets  and  privateers  of  immial 

turned  to  the  immediate  object  of 

-to  the  object  of  showing  tlmttk. 

nnimtrv  would  absorb  every  sur- 

f^tTouKrbefoundinthetre. 

cailated  the  aggregates  of  thost- 

:  nXure  ;  for  the  navy,  about  forty 

So  aTembracing  the  incveaBc  o 

J«ra<.  ordnance,  and  repairs  of 

rSs  of  years;  for  fortilications, 

Mv^L  rcDort«d  by  the  engineer 
^  nnlhons,  rcporu       i  ^^  ^^^ 

^;itartestdisBoffort.,notyet 
3  of  the  large  enough,  with 

''Xfbftt  ordnance  depS« 
ported  by  I"       n^iiUons,  to  make  a 
^"^    MoCthano^ehundredmiUion.; 
tmuchlessthan«  g.vallow  up  all 

,re  thjin  snffl^'^;;^       f^^^„d  t„  exist 

'"'^V'^.f^L  remainder  will  stiUpo 
B  estimates,  the  re  ^^  ^^^^^^ 

fLTn^wsthrSpi-esentV---; 
son  knows  ""*"^  revenue ;  excess  uf 
■or  estimating  the  reNei^^  .^^^^^  ^^^^^^ 

Ws  has  mfl'^^^J,^''  revenue  ;  next  year 
allbranchesof  the  reven    ^^^^^^^)^^^^ 

down,  and  ^oon  lau  «  ^^^,^^,^ 

level  as  it  now  is  above  n^      ^^^^  ^^^^ 
^t  is  now  e^^^^^^eS^cumulationfor 

'  '"•  fth^app^opViation  bills,  Tlie 
.assing  the  appi  v  ^^.j^^^l^  .^^^ 

it  is  Pl?^g«<^„„*,?^ScUwe  cannot  get 
p  our  tables,  a?^^^^'^;\.onR  enough  to 
or  the  opposition  ^««^°;^        =^^ 

Uppropri«.to^JJ,,  J 

basury,  and  ^^^^.^e  of  expenditure,  it 
uldnowbcinacourseoiexp^^^^^^^^^ 

';ary  appropriation  biUsc^  a     p^  ^^^ 

,«blic  defenX;\^\rrnual  amount 
nUlions  of  dollars  ,ui^  ^^^^^^ 

for  these  ^^^"^^^'^.•''^he  engineer 
or  fourteen  niU^^^^^^^^^ 

,nt  '^f^'^^^ilS  of  dollars  annually; 
^P'""^  '/h^rScan  beneficially  expend 
r"'  ^htnavvSiat  it  can  beneficially 

terSSrandaU^sfor-H 
\cA  in  that  time,  "  ^  .      the  grcfttnori 

bss"tis»-*"r. 


The  bill  was  passed  in  the  Senate,  though  by 
a  vote  somewhat  close — 25  to  20.  The  yeas 
were : 

Messrs.  Black,  Buchanan,  Clay,  Clayton, 
Crittenden,  Davis,  Ewing  of  Ohio,  Cifddsborough, 
lleiidiicks,  Kent,  Kniglit,  Leic,h,  JIcKcan,  Man- 
(riiiii,  Naudain,  Nicholas,  Porter,  Prentiss,  Pres- 
ton, Hohbins,  Southard,  Swift,  Tomlinson,  Web- 
ster, White. 

Nays. — Messrs.  Benton,  Calhoun,  Cuthbcrt, 
Ening  of  Illinois,  Grundy,  Hill,  Hubbard,  King 
of  Alabama,  King  of  Georgia,  Linn,  Moore,  Mor- 
ris, Nilcs,  Rives,  Robinson,  Ruggles,  Shepley, 
Tallmadge,  Walker,  Wright. 

Being  sent  to  the  House  for  concuiTcnce  it 
became  evident  that  it  could  not  pass  that  body ; 
and  then  the  friends  of  distribution  in  the  Senate 
fell  upon  a  new  mode  to  effect  their  object,  and 
in  a  form  to  gain  the  votes  of  many  members 
who  held  distribution  to  be  a  violation  of  the 
constitution — among  them  Mr.  Calhoun ; — who 
took  the  lead  in  the  movement.  There  was  a 
bill  before  the  Senate  to  regulate  the  keeping  of 
the  public  moneys  in  the  deposit  banks ;  and 
this  was  turned  into  distribution  of  the  surplus 
public  moneys  with  the  States,  in  proportion  to 
their  representation  in  Congress,  to  be  returned 
when  Congress  should  call  for  it :  and  this  was 
called  a  deposit  with  the  States ;  and  the  faith 
of  the  States  pledged  for  returning  the  money. 
The  deposit  was  defended  on  the  same  argument 
on  which  Mr.  Calhoun  had  proposed  to  amend 
the  constitution  two  years  before ;  namely  that 
there  was  no  other  way  to  get  rid  of  the  surplus. 
And  to  a  suggestion  from  Mr.  Wright  that  the 
moneys,  when  once  so  deposited  might  never  be 

|ot  back  again,  Mr.  Calhoun  answered : 

'•  But  the  senator  from  New- York  objects  to 

I  the  measure,  that  it  would,  in  effect,  amount  to 

I  distribution,  on  the  ground,  as  he  conceives, 

I  that  the  States  would  never  refund.    He  does 

I  not  doubt  but  that  they  would,  if  called  on  to 

litfund  by  the  government;    but  he  says  that 

[Congress  will  in  fact  never  make  the  call.    He 

litsts  this  conclusion  on  the  supposition  that 

Ithere  would  be  a  majority  of  the  States  opposed 

Ito  it.    He  admits,  in  case  the  revenue  should 

jkecome  deficient,  that  the  southern  or  staple 

IStates  would  prefer  to  refund  their  quota,  rather 

Ithan  to  raise  the  imposts  to  meet  the  deficit  j 

Ikt  he  insists  that  the  contrary  would  be  the 

lose  with  the  manufacturing  States,  which  would 

pfer  to  increase  the  imposts  to  refunding  their 

puota,  on  the  ground  that  the  increase  of  the 

pties  would  promote  the  interests  of  manufac- 

liires,   I  cannot  agree  with  the  senator  that 

Ibose  States  would  assume  a  position  so  utterly 


untenable  as  to  refuse  to  refund  a  doi)0.«it  which 
their  faith  would  be  plighted  to  riturn,  and  rest 
the  refusal  on  the  ground  of  preferrin;;  to  lay 
a  tax,  because  it  woulil  be  a  bounty  to  tliiin.  and 
would  consequently  tlirow  the  wIidIc  bunion  of 
the  tax  on  the  other  States.  Hut.  be  this  as  it 
may,  I  can  tell  the  senator  that,  if  they  should 
take  a  course  so  unjust  and  monstrous,  he  may 
be  assured  that  the  other  States  would  most 
unquestionably  resist  the  increase  of  the  imposts ; 
so  that  the  government  would  have  to  take  its 
choice,  either  to  go  without  the  money,  or  call 
on  the  States  to  refund  the  deposits." 

Mr.  Benton  took  an  objection  to  this  scheme  of 
deposit,  that  it  was  a  distribution  under  a  false 
name,  making  a  double  disposition  of  the  same 
money ;  that  the  land  money  was  to  be  disti'ibuted 
under  the  bill  already  passed  by  the  Senate  :  and 
he  moved  an  amendment  to  except  that  money 
from  the  operation  of  the  deposit  to  be  made  with 
the  States.  He  said  it  was  hardly  to  be  supposed 
that,  in  the  nineteenth  century,  a  grave  legisla- 
tive body  would  pass  two  bills  for  dividing  the 
same  money ;  and  it  was  to  siivo  the  Senate 
from  the  ridicule  of  such  a  blunder  that  he  called 
their  attention  to  it,  and  proposed  the  amend- 
ment. Mr.  Calhoun  said  there  was  a  remedy 
for  it  in  a  few  words,  by  adding  a  proviso  of  ex- 
ception, if  the  land  distribution  bill  became  a 
law.  Mr.  Benton  was  utterly  opposed  to  such 
a  proviso — a  proviso  to  take  effect  if  the  same 
thing  did  not  become  law  in  another  bill.  Mr. 
Morris  also  wished  to  know  if  the  Senate  was 
about  to  make  a  double  distribution  of  the  same 
money  ?  As  far  it  respected  the  action  of  the 
Senate  the  land  bill  was,  to  all  intents  and  pur- 
poses, a  law.  It  had  passed  the  Senate,  and  they 
were  done  with  it.  It  had  changed  its  title 
from  "bill"  to  "act."  It  was  now  the  act  of 
the  Senate,  and  they  could  not  know  what  dis- 
position the  House  would  make  of  it.  Mr. 
Webster  believed  the  land  bill  could  not  pass 
the  House ;  that  it  was  put  to  rest  there ;  and 
therefore  he  had  no  objection  to  voting  for  the 
second  one:  thus  admitting  that,  under  the 
name  of  "  distribution  "  the  act  could  not  pass 
the  House,  und  that  a  change  of  name  was  indis- 
pensable. Mr.  Wright  made  a  speech  of  state- 
ments and  facts  to  show  that  there  would  be  no 
surplus ;  and  taking  up  that  idea,  Mr.  Benton 
spoke  thus : 

"  About  this  time  two  years  ago,  the  Senate 
was  engaged  in  proclaiming  the  danger  of  a 
bankrupt  Treasury,  and  in  proving  to  the  peo- 


Ill 


:im 


/inKHrt. 


I'll  h'^'\'\^m 


rail  I  b(>  ,a'>«|  is 


^. 


■  ■•■«''§ 


i*^ '  lA 


^&,r , 


G52 


TlllllTV  YKAUS*  VIKW. 


[ill'  tliat  uftiT  mill  must  niMuo  from  Ihi'ivmovnl 
of  tlu' (Icjiosits  from  tlio  Kiitik  of  llio  TnittMl 
Htiitt'H.  I'lu'  sniiu'  Sotinio,  nolhiiij;  iihntt'il  in 
ponliilcna'  from  tlK^fiiilnrc  of  former  prcdiciiotiH, 
Ih  now  i'njjnj;!'!!  in  ('cii'ltriifinp;  (lie  prosiK-rily  <>f 
tlif  country,  iin<l  procliiiminn  n  snrpliiH  of  fdrty, 
Anil  tifty,  mid  xixty  millions  of  dollurs  in  lliiit 
«imo  'iroiiKury,  which  ho  short  a  tinii-  sinco 
they  thon^ht  was  K'>inj;  lo  he  himkrupt.  Hoth 
occupations  nn*  eriniillv  unfortnniite.  Our 
Tn-iisury  is  in  no  more  dnnp^er  of  burstinj;  from 
distension  now,  tlmn  it  wn«  of  collivpsinK  from 
depletion  (hen.  The  (ihost  of  the  panic  was  dri- 
ven from  this  cluimlK>r  in  May,  IS.'U,  hy  the  re- 
port of  Mr.  Taney,  showinfj;  that  nil  the  sources 
of  the  national  revenue  were  in  their  usual  rich 
and  hountiful  oonditiim;  and  that  theiv  was  no 
danger  of  bankruptcy.  The  speech  and  state- 
ment, so  brief  and  perspicuous.  Just  doliveiinlbv 
the  senator  from  New  York  [Mr.  Wright),  will 
l)erform  the  same  olllre  upon  the  distribution 
spirit,  by  showing  that  the  appropriations  of  the 
session  will  require  nearly  as  nuicli  money  as 
the  public  Treasury  will  be  found  to  contain. 
The  present  exap^^erations  alwutthc  surplus  will 
liave  their  day.  as  the  panic  about  an  empty 
Treasury  had  its  day;  and  time,  which  corrects 
all  tbinp;s,  will  show  the  enormity  of  these  errors 
which  excite  the  public  mind,  and  stimulate  the 
public  appetite,  for  a  division  of  fortj',  lifty,  and 
Bixty  millions  of  surplus  treasure." 

The  bill  Iteinp  ordered  to  a  third  roadinp,  with 
only  si.K  dissentinj;  votes,  the  author  of  this 
V^iew  coulil  not  consent  to  let  it  pass  without 
nn  attempt  to  stigmatize  it,  and  render  it  odious 
to  the  people, as  a  distribution  in  disguise — as  a 
deposit  never  to  bo  reclaimed;  as  a  miserable 
evasion  of  the  constitution ;  as  an  attempt  to 
debauch  the  people  with  their  own  money  ;  as 
plundering  instead  of  defending  the  country ; 
as  a  cheat  that  would  only  hist  till  the  presiden- 
tial election  was  over ;  for  there  would  be  no 
money  to  deposit  after  the  first  or  second  quar- 
ter ; — and  as  having  the  inevitable  effect,  if  not 
the  intention,  to  break  the  deposit  banks  ;  and, 
finally,  as  disappointing  its  authors  in  their 
schemes  of  popularity :  in  which  ho  was  pro- 
phetic ;  as,  out  of  half  a  dozen  aspirants  to  the 
presidency,  who  voted  for  it,  no  one  of  them 
ever  attained  that  place.  The  following  are 
parts  of  his  speech : 

"  I  now  coine,  Mr.  President  (continued  Mr. 
B.),  to  the  second  subject  in  the  bill — the  dis- 
tribution feature — and  to  which  the  objections 
are,  not  of  detail,  but  of  principle ;  but  which 
objections  are  so  strong,  in  the  nnnd  of  myself 
and  some  friends,  that,  far  from  shrinking  from 
the  contest,  and  sneaking  away  in  our  little 
mmority  of  six,  where  we  were  left  last  even- 


ing, we  come  forward  with  imabated  resohitioii 
to  renew  onr  opposition,  and  to  Hi(::nali/,e  our 
dissent;  ajixious  to  have  it  krmwn  tliiit  we  cuii. 
tended  to  (he  last  againsr  (he  seductions  of  » 
measure,  specious  to  the  view,  and  tempt  in;;  (,, 
the  taste,  but  frimght  with  mischief  ami  i'eail'ul 
conserpiences  to  tlu^  chfiracter  of  this  pivcin. 
meiit,  and  (o  (he  stability  an<l  harmony  nf  this 
confederacy. 

"Stripping  this  enactment  of  statutory  vir- 
biage,  and  collecting  (he  pmvisions  of  ihr  sir- 
tion  into  a  single  view,  they  seem  to  be  llu,,. ; 
I.  The  public  moneys,  above  a  s[Hcilic  himi.  niv 
to  Im'  deposited  with  the  States,  in  a  K|it'(Hii'<| 
ratio;  2.  The  States  air  to  give  certilicnUs  df 
de|M)sit,  payable  to  the  United  States;  but  no 
time,  or  contingency,  is  llxed  for  the  imynuiii ; 
;?.  The  Secretary  of  the  Treasury  is  to  n(  II  nn.j 
assign  the  certificates,  limited  to  a  ratalilc  jjin. 
protion  of  each,  when  necessary  to  meet  iipinii. 
priations  made  by  Congress;  4.  The  ccrlilicaiis 
so  assigned  are  to  l)ear  an  interest  of  live  per 
cent.,  payable  half  yearly ;  5.  To  bear  mi  ind . 
ri'st  before  assignment ;  (».  The  principal  Ut  \^^ 
payable  at  the  pleasurt;  of  the  State. 

"This,  Mr.  President,  is  the  enactment;  mid 
what  is  such  an  enactment  {   Sir,  I  will  IcH  vdn 
what  it  is.     It  is,  in  name,  a  deposit;  in  I'oii'n,  u 
loan;    in    essence   and   design,   a  distiiliniidn. 
Names  caimot  alter  things  ;  an<l  it  is  as  ii||i.>  tn 
call  a  gift  a  deposit,  us  it  woultl  be  to  <'al!  a  sinli 
of  the  dagger  a  kiss  of  the  lips.     It  is  a  distii- 
bution  of  the  revenues,  under  the  name  (if;i 
deposit,  and  imder  the  form  of  a  loan.    It  is 
known  to  be  so,  and  is  intended  to  be  so;  ami 
all  this  verbiage  about  a  deposit  is  nothinjr  Imt 
the  device  ami  contrivance  of  those  nho  Imvc 
been  for  years  endeavoring  to  distiiimtf  iho 
revenues,  sonietimes  by  the  land  bill,  somkIIiiics 
by  direct  propositions,  and  sometimes  by  ino- 
posed  amendments  to  the  constitution.    Fiiidinj; 
all  these  motles  of  iwcomplishing  the  object  nut 
and  frustrated  by  the  constitution,  they  fail  ii|iiin 
this  invention  of  a  deposit,  and  exult  in  thoMic- 
c*s8  of  an  old  scheme  inxler  a  new  name.    That  { 
it  is  no  <leposit,  but  a  free  gift,  and  a  rcpiilar  j 
distribution,  is  clear  and  <lemonstrable,  not  only 
from  the  avowed  principles,  declared  iutcntioiis, 
and  systematic  purposes  of  those  who  conduct  I 
the  bill,  but  also  from  the  means  devised  to  ef- 
fect their  object.     Names  are  nothinj;.    'flic  I 
thing  done  gives  character  to  the  transaction;! 
and  the  imposition  of  an  erroneous  name  cannot  I 
change  that  character.     This  is  no  deposit.   Itj 
Ins  no  fcatnre,  no  attribute,  no  characteristic,! 
no  quality  of  a  deposit.    A  deposit  is  a  trust,! 
requiring  the  consent  of  two  parties,  leaving  toj 
one  the  rights  of  ownership,  and  imposing  oiij 
the  other  the  duties  of  trustee.    Tlie  depoMloif 
retains  the  right  of  property,  and  reserves  the 
privilege    of   resumption  ;    the    depositary 
bound  to  restore.    But  here  the  right  of  prop'tirt 
is  parted  with ;  the  privilege  of  resunijition  \i 
surrendered;  the  obligation  to  render  back  i^ 
not  imposed.    On  the  contrary,  our  money  i 


ANNO  188(1.     ANDUKW  JArKHON,  PIM'HinRN'T. 


(553 


rwarfl  with  unal.at.Ml  iTsoh.t...n 
„,,,,o.itiou,  and  to  Hunul./.'  n„,. 

,„stn.lu'vi»-w,un.l  trm,...uc,o 
V,uml,l  with  ,uiH«-hu;i  un.l  I.miI„1 

»;..  Htnhility  u.ul  harmnny  <'t  tlu. 

thin  cimctuK-t.t  <.f  stutuloiy  vn- 
lectinK  the  ,m.visu.im  ..ril..'  M... 
„ule  view,  tlu.y  Hootn  t..  I.Mlu..r; 

,n..m>VH,alM.vaHp<r,(.cm„n  iMv 
,a  with  the  States,  ...  a  H,,mhn 

1,1.   to  Ihi- U..it'''l  ^•'^^^•^■'  '""  "" 

^;M.cyi«iixeafort.!ui-v;-->; 

rv..rthoTn.a8..i-y  •«'•;-"»"■> 
u-h  who.  ...-ci'MHury  t<.  ..not  »|.|mo- 

hi' i)W'»«»rc  ..r  the  Stall-. 
ulin,.a...o,aaoi.<.Mt;...  t..™,,. 

"i;;SurHwoSbct...uiias.i, 

her'vi-nui'S,  "n.h'.-  tho,.u,.u..f. 

■"    1  ZtTvo-inp  to  «lisl.ilmte  tl,o 

Seli  rX  the  land  bill,. o,.,i.li-m. 

fimis  and  8oinctinu>s  by  vi"- 

r."*'"^  s  to  thcM^"^tit..tio...   Fi.uiin^ 

?cil  bv  the  constitv.tio.,,  they  full  "l«'n 
o    Kci.o«it,  anil  cxv.lt  ...the -^^^^ 

Kdcaanaaenfo..strahle,..^^ 
I         r,«  incinlcs,  declared  n.tei.tiou*, 
Lvowcd  P""^    'f  those  who  conduct  I 

npos.t.on  of  an  erro  ^  ^  > 

e  right  ot  I":°I~  ',',,„  ,\„„osl>iy  li 


put  where  we  rannot  reach  it.     Oi.r  trenHiiry 
warra.it  nui.ml,  piirHiu"  it.     The  StntcH  an^  t«i 
kfi|i  the  ii.iMiey,  mieof  ititeicHt,  iititii  in  Ih  need- 
I'll  to  meet  appropriatioHH ;  nnd  tlieii  the  Seere- 
tfti-y  of  the  Tieasiiry  it* — to  do  wiml  ? — call  upon 
llic  State 7     No!  Imt  to  nell  and  aHHifjii  Iheeer- 
tiliciite  ;  and  the  State  is  to  pay  the  n.sHi^neo  an 
iiitciest  half  yearly,  and  the  principal  when  it 
|iiiiises.     Now,  these  appropiialions  will  never 
Ih'  .iiade.     'I'I.e  nieinhers  of  (NmnrcKH  ari^  not 
vil  lioiii — the  lace  of  repreHentativcN  is  not  yet 
Idiowii — who  will  vote  a|ipr<»|iriationH  t()r  tia- 
tiiiiiid  (tl)jectN,  to  he  paid  out  of  their  own  Slate 
tivii-tnrieH.     Sooner  will  the  laritl'he  revived,  or 
tlie  i)riee  of  puhlic  lanti  he  .•ai,-.'d.     Sooner  will 
till'  iiHHiLrnaliility  of  the  cerlilicatc!  he  repealed 
liv  law.     'I'he  colli inne.icy  will  never  arrive,  on 
wiiic!.  the  Secretary  is  to  a-^sif^n :  hd  llie  deposit 
will  stand  as  a  loan  for  ever,  without  inteiest. 
At  the  end  of  some  yeais,  the  nominal  transiw- 
tioii  will  lie  rescinded  ;  the  certificates  will  all 
ln'raiicilled  l>y  one  >;eneral,  unanimous,  harmo- 
liimiH  vote  in  ('oiinress.     The  dis^niise  af  ii  de- 
])osit,  like  the  mask  after  a  play,  will  he  thrown 
i^,^ilie;  and  the  delivery  of  the  money  will  turn 
out  to  ho,  what  it  is  now  intended  to  he,  a  pill 
fi(ini  the  lM'f?innin)ic.     'I'his  will  he  the  end  of  the 
lirst  cliajiter.     And  now,  how  .mhecomin^j  in 
tlic  Seiiale  to  jtracti.se  thiH  indirection,  and  to 
ilo  by  a  false  na.ne  what  cannot  Ik;  done  hy  its 
true;  one.     The  constitution,  hy  the  acknowlV'df;- 
nunt  of  many  who  conduct  this  hill,  will  not 
admit  <if  a  distiihiiticm  of  the  rcvon.ies.     Not 
I'liitlier  back  than  the  last  session,  and  nuaiii  at 
the  coiiiinenccment  of  the  [jrcsent  session,  a  pro- 
l>iisition  was  made  to  amend  the  constitution,  to 
liiriuit  thifi  identical  distribution  to  he  made. 
Tlmt  proposition  is  now  .i|)on  our  calendar,  for 
the  action  of  Con;;ic8s.     All  at  once,  it  is  disco- 
vticd  that  a  chanpe  of  names  will  do  as  well  as 
a  clmn^'e  of  the  constitution.     Strike  out  the 
ojnl  'dLstributc,'  and  insert   the  word  'dcpo- 
/it;'  and,  incontinently,  the  imjicdimcnt  is  n;- 
moved:  the  con.stitution  ditllculty  is  surmount- 
ed; the  division  of  the  money  can  he  made. 
TliLs,  at  Iea.st,  is  quick  work.    It  looks  magical, 
though  not  the  exploit  of  the      .::f;ician.      It 
commits  nobody,  though  not  tht  invention  of 
the  non-committal  .school.     After  all,  it  must  be 
I  admitted  to  be  a  very  compendious  mode  of 
amending  the  constitution,  and  such  a  one  as 
the  frainers  of  that  instrument  never  happened 
to  think  of.    Is  this  fancy,  or  is  it  fact?    Are 
we  legislating,  or  amusing  ourselves  with  j)han- 
tiL<magoria  ?    Can  we  forget  that  we  now  have 
upon  the  calendar  a  proposition  to  amend  the 
constitution,  to  effect  this  very  distribution,  and 
that  the  only  difference  lx;tween  that  resolution 
land  this  thirteenth  section,  is  in  substituting 
I  the  word  'deposit'  for  the  word  'distribute?' 

"  Having  shown  this  pretended  deposit  to  be 
I » distribution  in  di.sguisc,  and  to  be  a  mere  cva- 
Iflon  of  the  constitution,  Mr.  B.  proceeded  to  ex- 
j amine  its  eflects.  and  to  trace  its  ruinous  con.sc- 
jquences  upon  the  federal  govcrimient  and  the 


States.  It  is  liroiight  forward  as  a  tem|iorary 
measure,  as  a  single  openilion,  as  a  thing  to  bo 
done  but  once  ;  hut  what  career,  lither  for  good 
or  for  evil,  ever  slopped  with  the  llr.-t  slep  /  It 
is  the  (Irst  step  which  <'osls  the  didlcully  ;  (hut 
taken,  the  second  becomes  easy,  and  npetiliou 
habitual.  Let  this  distribntioir,  in  this  disguise, 
take  clfect ;  and  future  dislribiilion  will  !«■  com- 
mon and  regidar.  Hviry  presidential  ehc'lion 
will  Itring  thiin,  and  hirger  t  luh  lime;  a-^  Iho 
consular  elections  in  nome,  conimiiicing  with 
distributions  of  grain  from  the  public  granaries, 
went  on  to  the  e.xhibilions  of  games  and  show.s, 
the  remission  of  debts,  largesses  in  moniy,  hinds, 
and  provisions  ;  until  the  lival  <  andidalcs  openly 
bid  against  eiudi  other,  and  the  diiulcm  of  em- 
pire was  put  up  at  auction,  and  knocked  down 
to  the  last  and  highest  bidder.  The  piuily  of 
ele<rtions  may  not  yet  Ix;  alleclcd  in  our  young 
and  vigorous  country  ;  but  how  long  will  it  lie 
befoie  voters  will  look  to  the  candidates  f(u*  the 
magintiideof  theirdlstribiitions,  instead  of  look- 
ing to  them  for  the  (|tnililications  which  the  pre- 
sidential ollice  requires? 

"The  bad  con.seip nances  of  this  dislribution 
of  money  to  the  States  are  palpable  and  fright- 
ful. It  is  complicating  the  federal  ami  Slate 
systems,  and  multiplying  their  points  of  contact 
and  hazards  of  collision.  Take  it  as  ostensibly 
presented,  that  of  a  deposit  or  loan,  to  be  repaid 
at  some  futiiie  time;  then  it  is  establishing  the 
lelat ion  of  debtor  and  creditor  between  tlicni : 
a  lelation  critical  between  friends,  enibarias-ing 
betwee.i  a  Stale  and  its  citizens;  and  eminenlly 
dangerous  between  confederate  States  and  their 
common  head.  It  is  a  relation  always  dcpn- 
cated  in  our  federal  system.  The  land  credit 
system  was  abolished  by  (.'ongiess,  fifteen  yeai-s 
ago,  to  get  rid  of  the  relation  of  debtor  and 
creditor  between  the  federal  government  and  Iho 
citizens  of  the  States  ;  au<l  .seven  or  eight  mil- 
lions of  debt,  principal  and  interest,  was  then 
surrendered.  The  c(dlection  of  a  large  debt 
from  numerous  individual  debtors,  was  found  to 
be  almost  impossible.  How  much  worse  if  the 
State  itself  becomes  the  debtor !  an<l  more,  if 
all  the  States  become  indebted  together !  Any 
attempt  to  c(dlect  the  debt  would  be  attended, 
first  with  ill  blood,  then  with  cancellation.  It 
must  be  the  representatives  of  the  States  who 
are  to  enforce  the  collection  of  the  debt.  This 
they  would  not  do.  They  would  stand  together 
against  the  creditor.  No  member  of  Congress 
could  vote  to  tax  his  Slate  to  raise  money  for 
the  general  purpo.ses  of  the  confederacy.  No 
one  could  vote  an  appropriation  which  was  to 
become  a  charge  on  his  own  State  treasury. 
Taxation  would  first  Ik;  re.'^o'-ted  to,  and  the 
taiifl'  and  the  public  lands  would  become  the 
fountain  of  supply  to  the  federal  government. 
Taken  as  a  real  transaction — as  a  dejio.sit  with 
the  States,  or  a  loan  to  the  States— as  this  mea- 
sure professes  to  be,  and  it  is  fraught  with  con- 
scq.iences  adverse  to  the  harmony  of  the  federal 
I  system,  and  fraught  with  new  burdens  upon  tho 


CM 


TIIIUTY  YEAIW'  VIEW. 


oiistnnw,  rtiiil  upon  tin-  Iiuids;  tukcn  ns  ii  (lotion 
to  avoid  tlu'  (■onr<(itMtion,  as  a  iloltn  Doo  and 
Kiclianl  Hoc  Invention  to  convey  a  nift  iindor 
tlic  naiiu'  of  ri  dijMisit,  and  to  cirfct  a  distrihn- 
tion  nndcr  the  diH(;niM>  of  a  loan,  and  it  in  an 
nitilitv  wliicli  nniki-s  deii(*ion  of  the  constitn- 
tion,  ii'ts  <lo\vn  tlu-  Sonalo  from  its  lofl y  station  ; 
and  provideH  a  facile  way  for  <loinj:  any  tliinj; 
iliat  any  ConiiivsH  may  clioosc  li>  do  in  all  time 
to  come.  It  is  only  to  depose  oiii'  word  and  in- 
stal  another — it  is  merely  to  cliai\):e  a  name — 
and  the  frowning;  constitution  immediately  smiles 
on  the  late  forhidden  atlcjiipt. 

''To  the  federal  pivernment  thcconscqnences 
of  these  distrihutions  must  l)C  deploralile  and 
destructive.  It  must  lie  remitted  to  the  helpless 
condition  of  the  old  confederacy,  de|H'nilin^;  f'>r 
its  supplies  nj)on  the  voluntary  contrihutions 
of  the  States.  Woi'so  than  dcju-ndin;;  upon  the 
volimtary  contributions,  it  will  he  left  to  the 
trratuitons  leavings,  to  the  eleemosynary  crumhs, 
which  remain  njion  the  table  after  the  feast  of 
the  States  is  over.  (Jod  p-ant  they  may  not 
prove  t(»  be  the  feasts  of  the  Lapilhni  and 
Centaurs  !  Hut  the  States  will  be  served  first ; 
and  what  renmins  may  go  to  the  objects  of  com- 
mon defence  and  national  concern  (()r  which  the 
confedeiiu-y  was  framed,  and  for  which  the 
power  of  niisinp  money  was  confided  to  Con- 
gress. The  distribution  bills  will  be  passed 
♦irst,  -uid  theapin-ojiriation bills  afterwards;  and 
every  .ippropriation  will  be  cut  down  to  the 
lowt  ;(  |)oint,  and  kei)t  olT  to  the  last  moment. 
To  stave  off  as  long  as  possible,  to  reduce  as 
low  as  possible,  to  defeat  whenever  possible, 
will  be  the  tactics  of  federal  legislation;  and 
when  at  last  some  object  of  national  oxpenditnre 
has  miraculously  run  the  gauntlet  of  all  these 
assaults,  and  escaped  the  perils  of  these  multi- 
plied dangers,  K-hold  the  enemy  still  ahead,  and 
tli'_>  rt'captui-e  which  awaits  the  devoted  appro- 
priation, in  the  shape  of  an  unexpended  balance, 
on  the  first  day  of  January  then  next  ensuing. 
Thus  it  is  already;  distribution  has  occupied  us 
all  the  session.  A  proposition  to  amend  the 
constitution,  to  enable  us  to  make  the  division, 
was  brought  in  in  the  first  month  of  the  .session. 
The  land  bill  followed,  and  engrossed  months, 
to  t  he  exclusion  of  national  defence.  Then  came 
the  deposit  scheme,  which  absorbs  the  remainder 
of  the  session.  For  nearly  seven  months  wc 
have  bivn  occupied  with  distribution,  and  the 
Senate  has  actually  passed  two  bills  to  effect  the 
same  object,  and  to  divide  the  same  identical 
money.  Two  bills  to  divide  money,  while  one 
bill  cannot  be  got  through  for  tlie  great  objects 
of  national  defence  named  in  the  constitution. 
AVe  are  now  near  the  end  of  the  seventh  month 
of  the  session.  The  day  named  by  the  Senate 
for  the  termination  of  the  session  is  long  passed 
by ;  the  day  fixed  by  the  two  Houses  is  close 
nt  hand.  The  year  is  half  gone,  and  the  season 
for  labor  largely  lost ;  yet  what  is  the  state  of 
the  gi'neral,  national,  and  most  essential  appro- 
priations ?    Not  a  shilling  is  yet  voted  for  forti- 


flcations;  not  a  shilling  for  the  ordnance ;  un- 
thing  for  filling  the  empty  ranks  of  the  skeleton 
army;  nothing   for   the   new    Indian    treatieH- 
nothing  for  the  continuation  of  the  (^nnluiliuiil 
road;   nothing  for  rebuilding  the  burnt-douii 
Tivasury  ;  nothing  for  the  custom-house  in  \,w 
Orleans;  nothing  for  extinguishing  the  ri^'lits 
of  private  corporators  in  the  l.ouisville  ciuial 
and  making  that  great  thoroughfare  free  |o  th,' 
(•ommcrce  of  the  West ;  nothing  for  the  western 
armory,  and  arsenals  in  the  States  whieli  lum. 
none;  'lolhing  for  the  extension  of  theeinnit 
court  system  to  the  new  States  of  the  West  nml 
Southwest  ;   nothing  for   improving    tlu'  injut 
machinery;    nothing    for   keeping    the  minis 
regularly   supplied   with    meliils   for  eoinJn.^; 
nothing  for  the  new  marine  hospitals;  iioiliin- 
for  the  expensi's  of  the  visitors  now  gone  In  tlii^ 
Military   Academv,   nothing  fir  the  eliajn  df 
posts  and  the  military  road  along  the  Wtstiin 
and  Northwestern  frontier.     All   these,  iitii|  ,i 
long  list  of  other  objects,  lemain  without  iitcnt 
to  tliis  day;  and  those  who  have  kept  tliciiinll' 
now  coolly  tuin  upon  us,  and  say  the  hkhkv 
cannot  be  expended  if  appropriated,  and  llmt.dli 
the  first  <if  •January,  it  must  fall  into  tlieKur|i|ii> 
fund  to  be  divided.     Of  the  bills  passed,  iiiam- 
of  the  most  essential  character  have  been  diiin'. 
ed  for  mi>nths,  to  the  great  injury  of  indiviilnnls 
and  of  the  public  service.     Clerks  and  salmidl 
officers  have  been  borrowing  moiu'y  at  iisiny  to 
support  their  families,  while  we,  wholly  nlisurli- 
ed  with  dividing  surpluses,  were  wi'tlilioldiiij; 
from  them  their  stipulated  wagi's.     Labdrorsat 
Harper's   Ferry  Armory   have  been    witliont 
money  to  go  to  market  for  their  families,  ami 
some  have   lived  thivo  weeks   without  meat, 
because  we  must  attend  to  the  distribution  liilL< 
before  we  can  attend  to  the  pay  bills.    DLsluiri!- 
ing  officers  have  raisetl  money  on  their  own  ac- 
count, to  supply  the  want  of  approiuTitinns. 
Even  the  annual  Indian  Annuity  Uill  lias  Imt 
just  got  through  ;  the   Indians  even — the  imj 
Indians,  as  they  were  wont  to  be  called— ivin 
they  have  had  to  wait,  in  want  and  misery,  foi 
the  annual    stipends    solemnly  guarantiwl  lij 
treaties.    All  this  has  already  taken  place  un 
der  the  deplorable  influence  of  the  distribiitioa 
spirit. 

"  The  progress  which  the  distribution  5|iirit 
has  made  in  a<lvaancing  beyond  its  own  iireten- 
sions,  is  a  striking  feature  in  the  history  of  the 
case,  and  ominous  of  what  may  be  expected 
from  its  future  exactions.     Originally  the  pro- 
position was  to  divide  the  surplus.    It  was  the 
surplus,  and  nothing  but  the  surplus,  which  wasi 
to  be  taken ;  that  bona  fide  and  inevitable  sup] 
plus  which  remained  after  all  the  (lefciiccs  we 
provided  for,  and  all  needed  appropriations  full 
made.     Now  the  defences  are  postponed  and  di 
cried ;  the  needful  approjiriations  arc  rtjectci 
stinted,  and  deferred,  till  they  cannot  be  usihI 
and,  instead  of  the  surplus,  it  is  the  integr* 
revenue,  it  is  the  money  in  the  Treasury,  it  I'. 
the  money  appropriated  by  law,  which  is  to  ^ 


the  .si 

indcndi 
wli 
at.  A 


ANNO  is;m.     ANDllKW  JACKSON,  I'llKSIUKNT. 


655 


i/.nincr  for  the  onlniu\oo  ;  m- 
:,;  'yrank«..f.>u.slu.U.ton 

^      r     ho   m-w    ln.h.tn    IniUuK; 

V.r  n■huihlit.^!  tho  hun.l-.lmvn 
:«  .ur  for  thi'  i-ustom-hoiiKc m N.w 

^  .,...a    ill    tho    I.01I1«V>1U'    i'lUlul, 


f  tho  NVi'^t  iiiul 
tht 


III  for 

rn,..  viMtors  now  p)m«  lo  tlie 
"T"  noth  nu  for  tho  ohuinnf 

:i 

lit 

a„.\t\umcwh..imv.K.,..^. tV 


1       ..   i.nihim:  for  tm-  fn.ini  m 


't  .  upon  u^,«"<»  >*'\y  »'";;"';"'-^ 

■CmyKstVuUu.^ 
r  •    wl      Of  the  hills  imHH'.l,mm 
''''"*.■•  1  .  nmctor  havV  hoon  .l>l;,y. 

t-^'''^"*:?l'^'"l^tw.rvofimlivi«s 


iH<i/.c(l  Upon  un'l  dividctl  out.     It  Ik  tho  iinoxpoml- 
I'd huluncis  wliicli  luv  now  tho  olijoct  of  hII  do- 
xirc  uikI  the  priz(^  of    mcilitatiMl    iliNlrihiitioii. 
Tht'  word  siirpluN  jh  mil  in  tlu>  i)i!l  !  tliiit  word, 
«hirh  liiw  ll;;nrfd  in  so  ninny  sptrclics,  wiiicli 
liiiH  hoon  the  Muhjoct  of  ho  inncli  spicnlntion, 
whii'li  iiiiH  lictn  llic  ciiuHf  of  ho  nnicli  di-lncioii 
in  tl>u  pnhiic  mind,  and  of  so  nnicli  cxrilcd  liop«> ; 
timt  word  Ih  not  in  the  liiil !     It  is  ciirrrnlly, 
stiiilionsly,  systi'iniUicully  vxcludcd,  luid  a  form 
ofi'xpri'S^ion  is  adopted  to  cover  nil  the  nioiu 
in  the  'IVeasiiry,  a  small  sum  exeepted.  altlionjr 
i\lipropnated  hy  law  to    tho  most    sarred    and 
mwHsary  ohjects,     A   reeaplnre  of  the  appro- 
priated money  is  iiilended  ;  and   thus  the  very 
iduntii'id  money  which   wc  a|ipnipriate  at  this 
(cHHion  is  to  he  Hcizod  upon  on  the  first  day  of 
.lammry,  torn  away  from   the  oltjects  to  which 
it  was  (U'dicatt'd,  and  ahsorhcd  in  the  fund  for 
irinoral  distrihution.     And  why?  hccause  the 
ciirniorant  apjK'tito  of  distrihution  prows  as  it 
fitils,  and  lieconu'S  more  ravenous  hh  it  ^ror^cs. 
It  get  out  for  tiio  surpluH  ;  now  it  takes  the  nn- 
ixpoiuled  halanccs.  save  five  millions;  next  year 
it  will  tiikc  all.    Hut  it  is  Hulllcient  to  contcm])lato 
till' tliinf?  as  it  is ;  it  is  sufllcient  to  (Muitemplatc 
this  bill  as  seizin;?  upon  the  unexpi  nded  halances 
on  tlie  first  day  of  January,  regardless  of  the 
oliji'ctH  to  wliich  tliey  are  appropriated  ;  and  to 
witness  its  effect  upon  tho  laws,  tho  [Milicy,  and 
tlie  existence  of  the  federal  government. 

'Siicli,  then,  is  tho  progress  of  the  distrihu- 

tiiin  spirit ;  a  cormorant  appetite,  prowiu;;  as  it 

funis,  ravening  as  it  gorges  ;  sei/.inp;  the  aj)pro- 

|iriuti'd  moneys,  and  leaving  the  federal  govern- 

lurtii;  to  starve  upon  crnmhs,  and  to  die  of  in- 

initiiin.     Hut  this  appetite  is  not  tho  sole  cause 

k  this  seizure.     There  is  another  reason  for  it, 

cimnected  with  the  movements  in  this  chamher, 

ami  founded  in  tho  deep-seated  law  of  solf-prc- 

arvation.    For  six  months  the  pnhiic  mind  has 

supply  me   «  »"•'   ~  ■.."^'ijiii'  iijis  Imt  ■l«*n  stimulated  with  tho  story  of  sixty  millions 

annual  Indian  Ann»>t,y         ,i,'„,,„rHt'{  surplus  money  in  tho  Treasury;  and  two 

«""".      .1...   ,...>i.u,seven-llH  r'B^^^^^,/^  „^,^,^  the  grave  Senate  of  tl.o  United 

States  carried  tho   rash  joko  of  that  illusory 

bs;vcration  so  far  as  to  pass  a  bill  to  commence 

tk  distrihution  of  that  vast  sum.    It  was  the 

All  tins  "a»  ""^""•'r  Vi  «  itis'triliution^'"""''''  which  was  to  do  it,  commencing  its 

plorablo  iulluencc  ot  Uic  ■fwellins  dividends  on  the  1st  day  of  July,  dcal- 

V  HMhution  siiirit^B'''i!t'"''"i  ""'■  every  ninety  days,  and  completing 

which  the  "i^v>'\  __^  „„'„,„. Hthe  splendid  distribution  of  prizes,  in  the  sixty- 

iiir  million  lottery,  in  eighteen  months  from 

'it  cominenccment  of  the  drawing.    It  was  two 

lonths  ago  that  we  passed  this  bill ;  and  all 

ittcnipts  then  made  to  convince  the  people  that 

y  wore  deluded,  were  vain  and  useless.  Sixty- 

lur  millions  they  were    promised,  sixt3'-four 

lillions  they  were  to  have,  sixty-four  millions 

iiy  began  to  want ;  and  slates  and  pencils  were 

istas  busy  then  in  figuring  out  the  dividends 

tlie  sixty-four  millions,  to  begin  on  the  1st 

July,  as  they  now  are  in  figuring  out  the 

ividemls  under  the  forty,  fifty,  and  sixty  mil- 

ms,  which  are  to  begin  on  tho  Ist  of  January 

iit.  And  now  behold  the  end  of  the  first 


their  sl.pvdatod  WHJ-  ^^,  ,^^,,_^ 

Ferry   ^'l^^'^jX^^'^^^^^^^M 
CO  to  market  lor  mi" 

^  lived  thi-eo  «"" 

must  attend 


",•  °i  \  iHK,  weeks  without  niwt, 
iy^n^St^Uiedistributi..* 


supply  the/ 
annual  Inditi.- 

-"^'••■''"::;'rt':f«c,aw,i. 


IHior 
even 


1  lij 
un 


(en- 
tile I 


I'S^X-dng  beyond  vts  own  iin^ 
■  striking  feature -U^h^^^^^^^^^ 

,  ominous  of  ^^'^^Snally  the  pro- 
futvire  exactions.      J"^  "*^'   ^  J,he 

Las  to  ^V^v^lc/^*;  JXi,^vWc^^ 
■Ind  nothmg  but  the  2' i^AitaUc  sll^ 

.en ;  that  ^«"'i  jf,^;;^^^^^^^^^^^^      J 
Ich  rematncd  ''^  f.^..^^  ropvinti.ms  Ml 
,  for,  and  '^J^  "^f ^^Sponed  and  di 

r^' IdfuSX^^^^^^ 

l»c  necdUil  arV["l .       ^,a,i„ot  be  uscdl 


chapter.  Tho  Ist  of  July  is  rome,  hut  tho  sixty- 
four  millions  are  not  in  tho  'I'nasnry !  It  is 
not  there;  and  any  attempt  to  ci  nnneiice  tho 
distrihiilinn  of  that  sum,  according  to  llio 
terms  of  the  land  bill,  would  Imnkrnpt  the 
'i'reasMry,  slop  tho  govcriuncnt,  and  cause  (?(mi- 
gress  (o  he  called  t<igclher,  to  levy  taxes  or 
make  loans.  So  nmch  for  the  land  bill,  which 
two  moiitlm  ago  received  all  (he  praises  which 
arc  now  hoslowed  upon  the  deposit  hill.  So 
the  drawing  hail  to  be  poslponcd,  the  perform- 
ance had  (o  be  adjourned,  and  the  1st  of  .fan- 
niiry  was  substituted  for  the  Ist  of  July.  This 
^^ivos  six  months  to  go  upcm,  and  ihiers  the 
calaslropho  of  tho  mountain  in  labor  until  tho 
presidential  election  is  over.  Still  the  first  of 
Jainiary  must  come  ;  and  the  ridii^ule  would  bo 
loo  greai,  if  there  was  nothing,  or  next  to  no- 
thing, to  divide.  And  nothing,  or  next  to 
nothing,  there  would  be,  if  the  appropriations 
were  fairly  made,  and  made  in  tinu',  ami  if 
nothing  hut  a  surplus  was  left  to  divide.  There 
woidd  he  no  more  in  the  deposit  bank,  in  that 
event,  than  has  usually  boon  in  tlu;  Hank  of  tho 
United  States — say  ten,  or  twelve,  or  fouileen, 
or  sixteen  millions;  and  from  which,  iu  the 
hands  of  a  single  bank,  none  of  those  dangers 
to  tho  c(junlry  wore  then  seen  which  are  now 
discovered  in  like  sums  in  thioe  dozi'u  nmnn- 
nectod  and  indopomlont  banks.  Kvon  aftei-  all 
tho  delays  and  re<hictions  in  tho  approiiriations, 
tho  surplus  will  now  bo  but  a  trifle — such  u 
trifle  as  must  expose  to  ridicule,  or  stunothing 
worse,  all  those  who  have  tantalized  the  jiuhlic 
with  the  expectation  of  forty,  fifty,  or  sixty 
millions  to  divide.  To  avoid  this  fate,  ami  to 
make  up  something  for  distribution,  then,  tho 
unexpended  halances  liavc  been  fallen  upon  ; 
tho  law  of  nor)  is  millifiod;  the  fiscal  year  is 
changed;  the  jjoliey  of  the  goveniinont  subvert- 
ed ;  rea,son,  justice,  proiirioty  outraged;  all  con- 
tracts, labor,  service,  salaries  cut  oil"  intoiru])tod, 
or  reduced  ;  ajjpropriations  recaptured,  and  tho 
government  paralj'zeil.  Sir,  the  people  are  de- 
ceived ;  they  are  made  to  believe  that  a  surplus 
only,  an  unavoidable  surplus,  is  to  bo  <livided, 
when  the  fact  is  that  appropriated  moneys  arc 
to  be  seized. 

"Sir,  I  am  oppo.sed  to  the  whole  policy  of 
this  measure.  I  am  oppo.sed  to  it  as  going  to 
sap  the  foundations  of  tho  Federal  (Jovernment, 
and  to  undo  the  constitution,  and  that  by  eva- 
shm,  in  tho  very  point  for  which  tho  constitu- 
tion was  made.  What  is  that  point  ?  '  A 
Treasury  !  a  Treasury  !  a  Treasury  of  its  own, 
unconnected  with,  and  independent  of  the  States. 
It  was  for  this  that  wise  and  patriotic  men 
wrote,  .and  spoke,  and  prayed  for  the  fourteen 
years  that  intervened  from  tlic  declaration  of 
independence,  in  1770,  to  the  formation  of  the 
constitution  in  1789.  It  was  for  this  that  so 
I  many  appeals  were  made,  so  many  cflhrts  ex- 
j  erted,  so  n.any  frnitles.s  attemjits  so  hmg  re- 
peated, to  obtain  from  the  States  the  power  of 
I  raising  revenuo  from  imports.    It  was  for  this 


Im  m  i^' 


igj  ■    M  ''fc^Hll'^ 


I   'M'  1  PIP F^ 't'^^ ' N i   i 


to 
i^f'ffi  i'l. 


'J},>/  i  '  1.     -     .  „s"|l<S  tj 


656 


THIRTY  YEARS'  VIEW. 


that  the  convention  of  1787  met,  and  but  for 
this  they  never  would  have  met.  The  forma- 
tion of  a  federal  treasury,  unconnected  with  the 
States,  and  indepcnent  of  the  States,  was  the 
cause  of  the  meeting  of  that  Cviivention  ;  ic  was 
tlie  great  object  of  its  labors ;  it  was  the  point 
to  which  ail  its  exertions  tended,  and  it  was  the 
point  at  which  failure  would  have  been  the  fail- 
ure of  the  whole  object  of  the  meeting,  of  the 
whole  frame  of  the  general  government,  and  of 
the  whole  design  of  the  constitution.  AVith  in- 
finite labor,  pains,  and  difficulty,  they  succeeded 
in  erecting  the  edifice  of  the  federal  treasury ;  we, 
not  builders,  but  destroyers,  "architects  of 
ruin,"  undo  in  a  night  what  they  accomplished  in 
many  years.  We  expunge  the  federal  treasury  j 
we  throw  the  federal  government  back  upon 
States  for  supplies  ;  we  unhinge  and  undo  the 
constitution  ;  and  we  effect  our  purpose  by  an 
artifice  wliic'a  derides,  mocks,  ridicules  that 
eactjd  instrument,  and  opens  the  way  to  its 
perpetual  evasion  by  every  paltry  performer 
that  is  able  to  dethrone  one  word,  and  exalt 
another  in  its  place. 

"I  object  to  the  time  for  another  '•eason. 
There  is  no  necessity  to  act  at  all  upon  this 
subject,  at  this  session  of  Congress.  The  dis- 
tribution is  not  to  take  effect  until  after  we  are 
in  session  again,  and  when  the  true  state  of  the 
treasury  shall  be  known.  Its  true  state  cannot 
be  known  now ;  but  enough  is  known  to  make 
it  questionable  whether  there  will  be  any  sur- 
plus, requiring  a  specific  disposition,  over  and 
beyond  the  wants  of  the  country.  Many  .-p- 
propriations  are  yet  behind  ;  two  Indian  wars 
are  j'ct  to  be  finished  ;  when  the  wars  are  over, 
the  vanquished  Indians  are  to  be  removed  to 
the  AVest ;  and  when  there,  eitker  the  Federal 
Government  or  the  States  must  raise  a  force  to 
protect  the  people  from  them.  Twenty-five  thou- 
sand Creeks,  seven  thousand  Seminoles,  eigh- 
teen thousand  Cherokees,  and  others,  making  a 
totality  of  seventy-two  thousand,  are  to  be  re- 
moved ;  and  the  expenses  of  removal,  and  the 
year's  subsistence  afterwards,  is  close  upon 
seventy  dollars  per  head.  It  is  a  problem 
whether  there  will  be  any  surplus  worth  dis- 
posing of.  The  surplus  party  themselves  admit 
there  will  be  a  disappointment  unless  they  go 
beyond  the  surplus,  and  seize  the  appropriated 
moneys.  The  Senator  from  New- York  [Mr. 
Wright],  has  made  an  exposition,  as  candid  and 
perspicuous  as  it  is  patriotic  and  unanswerable, 
shbwing  that  there  will  be  an  excess  of  appro- 
priations over  the  money  in  the  treasury  on 
the  day  that  we  adjourn;  and  that  we  shall 
have  to  depend  upon  the  accruing  revenue 
of  the  remainder  of  the  year  to  meet  the  de- 
mands which  we  authorize.  This  is  the  state 
of  the  surplus  qtiestion :  problematical,  debata- 
ble ;  the  weight  of  the  evidence  and  the  strength 
of  the  argument  entirely  against  it;  time 
enough  to  ascertain  the  truth,  and  yet  a  deter- 
mination to  reject  all  evidence,  refuse  all  time, 
rush  on  to  the  object,  and  divide  the  money, 


cost  what  it  may  to  the  constitution,  the  gov- 
ernment, the  good  of  the  States,  and  the  purity 
of  elections.  The  catastrophe  of  the  land  bill 
project  ought  certainly  to  be  a  warning  to  us. 
Two  months  ago  it  was  pushed  through,  as 
the  only  means  of  saving  the  country  as  the 
blessed  act  which  was  to  save  the  republic.  It 
was  to  commence  on  the  first  day  of  July  jtg 
magnificent  operations  of  distributing  sixty- 
four  millions ;  now  it  lies  a  corpse  in  the  House 
of  Representatives,  a  monument  of  haste  and 
folly,  its  very  authors  endeavoring  to  super- 
sede it  by  another  measure,  because  it  could 
not  take  effect  without  ruining  the  country 
and,  what  is  equally  important  to  them,  ruinin" 
themselves. 

"  Admitting  that  the  year  produces  more  re- 
venue than  is  wanting,  is  it  wise,  is  it  states- 
manlike, is  it  consonant  M'ith  our  experience, 
to  take  fright  at  the  event,  and  throw  the 
money  away  ?     Did  wt  not  have  forty  millions 
of  income  in  the  year  1817  ?   and  did  we  not 
have  an  empty  treasury  in  1819  ?  Instead  of  tak- 
ing fright  and  throwing  the  money  away,  the 
statesman  should  look  into  the  cause  of  things ; 
he  should  take  for  his  motto  the  prayer  of 
Virgil :    Cognoscere  causa  rcrtim.     Let  mc 
know  the  cause  of  things ;  and,  learning  this 
cause,  act  accordingly.    If  the  redundant  sup- 
ply is  accidental  and  transient,  it  will  quiel<ly 
correct  itself;  if  founded  in  laws,  f.lter  tliem. 
This  is  the  part  not  merely  of  wiscom,  but  of 
common  sense:   it  was  the  conduct  of  1817, 
when  the  excessive  supply  was  seen  to  be  tiie 
effect  of  transient  causes — termination  of  the 
war  and  efflorescence  of  the  paper  system— ami 
left  to  correct  itself,  which  it  did  in  two  years, 
It  should  be  the  conduct  now,  when  the  cxcis- 
sive  income  is  seen  to  be  the  effect  of  the  laws 
and  the  paper  system  combined,  and  when  legis- 
lation or  regulation  is  necessary  to  correct  it. 
Reduction  of  the  tariff;  reduction  of  the  pri'^j 
of  land  to  actual  settlers ;  rejection  of  liaiilij 
paper  from  universal  receivability  for  publio] 
dues  ;  these  are  the  remedies.    After  all,  th( 
whole  evil  may  be  found  in  a  single  cause,  am 
the  whole  remedy  may  be  seen  in  a  single  nica' 
sure.    The  public  lands  are  exchanueable  foi 
paper.    Seven  hundred  and  fifty  machines  ai 
at  work  striking  off  paper ;  that  paper  is  per- 
forming  the  grand  rounds,  from  the  hnnks 
the  public  lands,  and  from  the  lands  to  tin 
banks.    Every  body,  especially  a  public  mai 
may  take  as  much  as  his  trunks  can  carr)' 
The  public  domain  is  changing  into  paper ;  th, 
public  treasury  is  filling  up  with  paper;  tin 
new  States  are  deluged  with  paper;  the  currem 
is  ruining  with  paper ;  farmers,  settlers,  culti 
vators,  are  outbid,  deprived  of  their  seiati 
homes,  or  made  to  pay  double  for  them, 
public  men  loaded,  not  like  Philip's  ass,  wia 
bags  of  gold,  but  like  bank  advocates,  will 
bales  of  paper.    Sir,  the  evil  is  in  the  nnhri 
state  of  the  paper  system,  and  m  tlic  uncheclid 
receivability  of  paper  for  federal  dues.   Ucre| 


things 
priatio 
lis  he! 
our  on 
ta,  m 
eight  ( 
suppor 
fetter  1 
•t 

iSuch 

II  fay  ol 
T,  the 

iTil  pas 
ffillii 

'% 

"ieracy 

fee  in 
from ; 

iiiihficat 

now  t( 

ere  bn 


ANNO  1836.    ANDREW  JACKSON,  PRESIDENT. 


657 


.rr  to  the  constitution,  the  goy- 
ly  to  uie  \    .      and  the  pnnty 

'«d  «f  !^?tronhe  of  the  land  bill 
The  catastrophe  oi  ^^  ^^^ 


aRO 


pusl 

'^"°f^^TC:tCrt&i;:  u 

"^"^rtieSday-of  July  its 

.nee  on  ^"^  "distributing   sixty- 

»P""''-nls  a  corpse  in  the  House 
it  lies  a  cuiii 


now 

iitives,  a 


';;;«ment  of  haste 


and 


'"'"TWnrs  endeavoring  to  super- 

XV,  +  +>,o  vear  produces  more  re- 
ng  that  the  year  p. ^^   .^  .^  ^^^^^^^ 

is  wanting,  is  i         ^     experience, 
it  consonant  ^'t^  ^^      ^^^^^,  t,,^ 

1  l^ia  „  1Q17  -2  and  did  wc  not 
in  the  year  l»YRi9'J  Instead  of  tak- 
pty  treasury  in  1»A-^  j,,e 

T  SBntothTcauLofthing.; 
should  look  ini  ^^^g  ,( 

.  take  for  his  jno  Let  me 

^"^  ""''JtWn"??  and,  learning  this 
J  cause  of  thmn*' .  Redundant  sup- 
,  occordnigly.    »  .^  ^iii  ^,.iekly 

jidental  and  tran.  i™^        ^^^^^^  ^,,^,,^ 
self;  if  fovmdcjyn^J^  .;,,,,„,, ^ 
p,epartnotmereV^°,,„lnctof'>*n 
sense:   it  ^^a*  t    __^  ^^^^^  ^^ 


ieiiov.    --       „  i„  vtras  seen   i"  "^  '">- 
excessive  ^^J^/^X,ro\n^\:^cr^  of  tk 


im; 

was  seen  to  be  the 

transient  f^'^lhTpaFr'^y^^'-^™"™'^ 
fflorescence  of  the  p  P.^  .^^  ^^^.^  ^.^,^^^^ 

,rrcct  itself,  jhi^n  i     ^entbcexas- 
1  be  the  conduct  now,  ^^^^^^^^,^^^^ 

me  is  seen  to  be  u"^      ..nd  when  legiS' 
Taper  sy^tc^^^l^iraV  to  correct^.., 
'regulation  J^^^^Sn  of  tbe  rr«, 
,n  of  the  tariff  ;J«^^!>';,:ecticB  ,f  ,,„„!; 
to  actual  settlers  ;,^^i      ^^^  p,,,,,; 

oni  univj^vsal  S^s^    ^,,,r  all 
cse  are  the  renic  cause,  anu 

.  il  may  be  fo""^:"  J  i^  a  single  mca- 

Ic  remedy  '?«^y,^\'^'  exchangeable  to, 

the  public  Janf  Xfifty  niacbincs  an, 

Seven  V»--nJ.''l„'r.  that  paper  i.  per- 
Biriking  off  paper  ,  ui     i  i    ^^^^.^  ^^ 


striking 

the  grand  3"°^^' the  Vands  to  tb( 
,\ic  lands,  and  »/«";.,.  ^  public  mM 
-  ,ery  ^^f^' f^S  Snl^s'can  car,1 
as  much  as  hi«.^    .  per;thi 

tilling  ."I    tbecurvenc: 

culli 


id 
blic 


IS 


Ireasury  •»  ":,V;vith  paper ;  the  cu 
Vcs  are  dcluge«l;A^;thjap  ^  ^^^^^^^,^ 


g^ith.papen-:-'^;f  their  select. 


F«1^^?;trSiblefortlml 
or  made  to  pay  «^  Philip'*  a^V"' 
U  loaf^f'  Ske  bank  advocates 
pold,  ^"\/hL  evil  is  in  the  unl 
paper.    S;j^,^»e^^;,nd  mthennckoki 
jutyYpapeHor'federalducs. 


the  evil.  Banks  are  our  masters  ;  not  one,  hut 
seven  hundred  and  fifty !  and  this  splendid 
federal  Congress,  like  a  chained  and  chastised 
slave,  lies  helpless  and  powerless  at  their  feet. 

"Sir,  I  can  see  nothing  but  evil,  turn   on 
which  side  I  may,  from  this  fatal  scheme  of  di- 
vidinp  money ;  not  surplus  money,  but  appro- 
priated funds ;  not  by  an  amendment,  but  by  a 
derisory  evasion  of  the  constitution.  Where  is  it 
to  end  ?  History  shows  us  that  those  who  begin 
revolutions  never  end  them ;  that  those  who  com- 
mence innovations  never  limit  them.     Here  is 
a  great  innovation,  constituting  in  reality — not 
in  figure  of  speech,  but  in  reality — a  revolution 
in  the  form  of  our  government.    We  set  out  to 
divide  the  surplus;  we  are  now  dividing  the 
appropriated  funds.    To  prevent  all  appropria- 
tions except  to  the  powerful  States,  will  bo  the 
next  step ;  and  the  small  States,  in  self-defence, 
must  oppose  all  appropriations,  and  go  for  a  di- 
Tision  of  the  whole.    They  will  have  to  stand 
to<^ther  in  the  Senate,  and  oppose  all  appropria- 
tions.   It  will  not  do  for  the  large  States  to 
take  all  the  appropriations  first,  and  the  bulk 
of  the  distribution  afterwards;  and  there  will 
be  no  way  to  prevent  it  but  to  refuse  all  appro- 
priations, divide  out  the    money  among   the 
States,  and  let  each  State  lay  it  out  for  itself. 
A  new  surplus  party  will  supersede  the  present 
surplus  party,  as  successive  factions  supersede 
each  other  in  chaotic  revolutions.     They  will 
make  Congress  the  qucestor  of  provinces,  to  col- 
lect mony  for  the  States  to  adirinister.    This 
will  be  their  argument :  the  States  know  best 
what  they  need,  and  can  lay  out  the  money  to 
the  best  advantage,  and  to  suit  themselves.   One 
State  will  want  roads  and  no  canals ;  another 
canals  and  no  roads ;  one  will  want  forts,  an- 
other troops ;  one  wants  ships,  another  steam- 
ers;  one  wants   high  schools,  another  low 
schools ;  one  is  for  the  useful  arts,  another  is 
tor  the  tine  arts,  for  lyceums,  athenaeums,  muse- 
ums, arts,  statuary,  painting,  music;  and  the 
paper  State  will  want  all  for  banks.    Thus  will 
things  go  on,  and  Congress  will  have  no  appro- 
priation to  make,  except  to  the  President,  and 
his  head  clerks,  and  their  under  clerks.    Even 
our  own  pay,  like  it  was  under  the  confedera- 
tion, may  be  remitted  to  our  own  States.    The 
eight  dollars  a  day  may  be  voted  to  them,  and 
supported  by  the  argument  that  they  can  get 
hotter  men  for  four  dollars  a  day  ;  and  so  save 
jhalf  the  money,  and  have  the  work  better  done. 
iSuch  is  the  progress  in  this  road  to  ruin.    Sir, 
ihay  of  this  measure,  as  I  said  of  its  proponi- 
r,  the  land  bill :  if  I  could  be  willing  to  let 
iVil  pass,  that  good  might  come  of  it,  I  should 
willing  to  let  this  bill  pass.    A  recoil,  a  reac- 
1%  a  revulsion  must  take  place.    This  con- 
ideracy  cannot  go  to  ruin.    This  Union  has  a 
ilace  in  the  hearts  of  the  people  which  will  save 
trora  nullification  in  disguise,  as  well  as  from 
lullificatioii  in  arms.     One  word  of  myself.    It 
now  ten  years  since  schemes  of  distribution 
re  broached  upon  this  floor.     They  began 

Vol.  L— 42 


with  a  senator  from  New  Jersey,  now  Secretary 
of  the  navy  (Mr.  Dickerson).  They  were 
denounced  by  many,  for  their  unconstitutional- 
ity, their  corrupting  tendencies,  and  their  fatal 
effects  upon  the  federal  and  State  governments. 
I  took  my  position  then,  have  stood  ii;"jn  it 
during  all  the  modifications  of  the  original 
scheme ;  and  continue  standing  upon  it  now. 
My  answer  then  was,  pay  the  public  debt  and 
reduce  the  taxes ;  my  answer  now  is,  provide 
for  the  public  defeuces,  reduce  the  taxes,  and 
bridle  the  paper  system.  On  this  ground  I 
have  stood — on  this  I  stand  ;  and  never  did  I 
feel  more  satisfaction  and  more  exultation  in 
my  vote,  when  tri\imphant  in  numbers,  than  I 
now  do  m  a  minority  of  six." 

The  bill  went  to  the  House,  and  was  concurred 
in  by  a  large  majority — one  hundred  and  fifty- 
five  to  thirty-eight — although,  under  the  name 
of  distribution,  there  was  no  chance  for  it  to 
pass  that  House.  Deeming  the  opposition  of 
this  small  minority  courageous  as  well  as  meri 
torious,  and  deserving  to  be  held  in  honorable 
remembrance,  their  names  are  here  set  down ; 
to  wif. : 

Messrs.  Michael  W.  Ash,  James  M.  H.  Beale, 
Benuing  M.  Bean,  Andrew  Beaumont,  John  W. 
Brown,  Robert  Burns,  John  F.  II.  Claiborne, 
Walter  Coles,  Sanniol  Cushman,  George  C. 
Dromgoolc,  John  Fairfield,  William  K.  Fuller, 
Ransom  H.  Gillet,  Joseph  Hall,  Thomas  L. 
Hamer,  Leonard  Jarvis,  Cave  Johnson,  Gerrit 
Y.  Lansing,  Gideon  Lee,  George  Loyall,  Abijah 
Mann,  jr.,  John  Y.  Mason,  James  J.  McKay, 
.John  McKeon,  Isaac  JlcKim,  Gorham  Parks, 
Franklin  Pierce,  Henry  L.  Pinckuey,  John 
Roane,  James  Rogers,  Nicholas  Sickles,  William 
Taylor,  Francis  Thomas,  Joel  Turrill,  Aaron 
Vanderpoel,  Aaron  Ward,  Daniel  Wardwell, 
Henry  A.  Wise. 

The  bill  passed  the  House,  and  was  approved 
by  the  President,  but  with  a  repugnance  of  feel- 
ing, and  a  recoil  of  judgment,  which  it  required* 
great  efforts  of  friends  to  overcome ;  and  with 
a  regret  for  it  afterwards  which  he  often  and' 
publicly  expressed.  It  was  a  priof  that  his 
name  was  seen  to  such  an  act.  It  was  a  most 
unfortunate  act,  a  plain  evasion  of  the  constitu- 
tion for  a  bad  purpose— soon  gave  a  sad  over- 
throw to  the  democracy — and  disappointed  every 
calculation  made  upon  it.  Politically,  it  was  no 
advantage  to  its  numerous  and  emulous  support- 
ers— of  no  disservice  to  its  few  determined  oppo- 
nents— only  four  in  number,  in  the  Senate,  the 
two  scna  ors  from  Mississippi  voting  against  it, 
for  reasons  found  in  the  constitution  of  their 


^ '! 


65S 


THIRTY  YEARS'  VIEW. 


State.  To  the  States,  it  was  of  no  advantage, 
raising  expectations  which  were  not  fulfilled, 
and  upon  which  many  of  them  acted  as  realities, 
and  commenced  enterprises  to  which  they  were 
inadequate.  It  was  understood  that  some  of 
Jlr.  Van  Buren's  friends  favored  the  President's 
approval,  and  recommended  him  to  sign  it — in- 
duced by  the  supposed  effect  which  its  rejection 
might  have  on  the  democratic  party  in  the  elec- 
tion. The  opponents  of  the  bill  did  not  visit 
the  President  to  giye  him  their  opinions,  nor 
had  he  heard  their  arguments.  If  they  had 
seen  him,  their  opinions  concurring  with  his 
own  feelings  and  judgment,  his  conduct  might 
have  been  different,  and  the  approval  of  the  act 
withheld.  It  might  not  have  prevented  the  act 
from  becoming  a  law,  as  two  thirds  in  each 
House  might  have  been  found  to  support  it; 
but  it  would  have  deprived  the  bill  of  the 
odor  of  his  name,  and  saved  himself  from  sub- 
sequent regrets.  In  a  party  point  of  view,  it 
was  the  commencement  of  calamities,  being  an 
efficient  cause  in  that  general  suspension  of 
specie  pa3'ments,  which  quickly  occurred,  and 
brought  so  much  embarrassment  on  the  Van 
Burcn  administration,  ending  in  the  great  demo- 
cratic defeat  of  1840.    But  of  this  hereafter. 


CHAPTER    CXLIII. 

RECIIARTER  OF  THE  DISTRICT  BANKS-SPEEOn 
OF  MK.  BENTON:  THE  PARTS  OF  LOCAL  AND 
TEMPORARY  INTEREST  OMITTED. 

"Mr.  Benton  rose  to  oppose  the  passage  of  the 
bill,  notwithstanding  it  was  at  the  third  read- 
ing, and  that  it  was  not  usual  to  continue  oppo- 
sition, which  seemed  to  be  useless,  at  that  late 
stage.  But  there  were  occasions  when  he  never 
took  such  things  into  calculation,  and  when  he 
continued  to  resist  pernicious  measures,  regard- 
less of  common  usages,  as  long  as  the  forms  of 
parliamentary  proceeding  would  allow  him  to 
go  on.  Thus  he  had  acted  at  the  passing  of  the 
United  States  Bank  charter,  in  1832 ;  thus  he 
did  at  the  passing  of  the  resolution  against  Pre- 
sident Jackson,  in  1834  ;  and  thus  he  did  at  the 
l>aesing  of  the  famous  land  bill,  at  the  present 
session.  He  had  continued  to  speak  against  all 
these  measures,  long  after  speaking  seemed  to 


be  of  any  avail ;  and,  far  from  regretting,  he  had 
reason  to  rejoice  at  the  course  that  ho  had  pur- 
sued.    The  event  proved  him  to  be  right ;  for 
all  these  measures,  though  floated  through  this 
chamber  upon  the  swelling  wave  of  a  resistless 
and  impatient  majority,  had  quickly  nm  their 
brief  career.    Their  day  of  triumph  had  been 
short.    The  bank  charter  perished  at  the  first 
general  election ;  the  condemnatory  resolution 
was  received  by  the  continent  in  a  tempest  of 
execration  ;  and  the  land  bill,  that  last  hope  of 
expiring  party,  has  dropped  an  abortion  from 
the  Senate.    It  is  dead  even  here,  in  this  cham- 
ber, where  it  originated — where  it  was  once  so 
omnipotent  that,  to  speak  against  it,  was  deemed 
by  some  to  be  an  idle  consumption  of  time,  and 
by  others  to  be  an  unparliamentary  demonstra- 
tion against  the  ascertained  will  of  the  Hoiife. 
Yet,  that  land  bill  is  finished.     That  brief  can- 
dle is  out.    The  Senate  has  revoked  that  bill ; 
has  retracted,  recanted,  and  sung  its  palinode 
over  that  unfortunate  conception.    It  lias  sent 
out  a  committee — an  extraordinary  committee 
of  nine — to  devise  some  other  scheme  for  divid- 
ing that  same  money  which  the  land  bill  divides! 
and,  in  doing  so,  the  Senate  has  authcnticallr 
declared  a  change  of  opinion,  and  a  revocation 
of  its  sentiments  in  favor  of  that  bill.    Thns  it 
has  happened,  in  recent  and  signal  cases,  tiiat, 
by  continuing  the  contest  after  the  battle  seemed 
to  be  lost,  the  battle  was  in  fact  gained ;  and  so  I 
it  may  be  again.    These  charters  may  yet  be 
defeated ;  and  whether  they  will  be  or  not,  is  I 
nothing  to  me.    I  believe  them  to  be  wrong- 
greatly,  immeasurably  wrong  ! — and  shall  con- 
tinue to  oppose  them  without  regard  to  calcula- 1 
tions,  or  consequences,  until  the  rules  of  par- 
liamentary proceeding  shall  put  an  cndtothoj 
contest.    Mr.  B.  said  he  had  moved  for  a  select) 
committee,  at  the  commencement  of  the  session,! 
to  examine  into  the  condition  of  these  banks,] 
and  he  had  done  so  with  no  other  object  than! 
to  endeavor  to  provide  some  checks  and  piardsj 
for  the  security  of  the  country  against  the  abuses  I 
and  excesses  of  the  paper  sj'stem.    The  select! 
committee  had  not  been  raised.    The  standing 
Committee  on  the  District  of  Columbia  iiad  been 
charged  with  the  subject ;  and,  seeing  that  they 
had  made  a  report  adverse  to  his  opinions,  anij 
brought  in  a  bill  which  he  could  not  sanetioii 
it  would  be  his  part  to  act  upon  the  meaji 
materials  which  hod  been  placed  before  theSeoi 


ANNO  1836.     ANDREW  JACKSON,  PRESIDENT. 


659 


.  and  far  from  regretting,  he  had 
ccatthecour-scthathehadpur- 
,cnt  proved  him  to  be  nghf,  for, 
ures,  though  floated  through  h,s 
ahe  swelling  wave  of  a  resist  ess 
tn^ajority,  had  quickly  nmUw 

Their  day  of  triumph  had  bo.  n 
bank  charter  Fri«^»cd  at  the  ..>t 
ion -the  condemnatory  resolution 

bv' the  continent  in  a  tempest  of 
and  the  land  bill,  that  last  hope  of 

:ty,  has  dropF^  an  abortion  from 
It  is  dead  even  here,  in  this  Cham- 
toriginated-whereitwasonccso 
that,  to  speak  against  it,  was  dec™ 
beak  idle  consumption  of  tmc,  and 

0  be  an  unparliamentary  dcmojstra- 
,t  the  ascertained  will  of  the  I  on.e. 
.nd  bill  is  finished.    That  ^^  -; 

The  Senate  has  revoked  thatblK 
ted  recanted,  and  sung  its  pahncle 
unfortunate  conception.  It  has  sent 
.txiittee-an  extraordinary  comm-ttoe 
rdevise  some  other  scheme  l^>rd,vri. 
le  money  which  the  land  bill  dKub! 

Zl  so,  the  Senate  has  authent.ally 

1  change  of  opinion,  and  a  rcvocat™ 
iment' in  favor  of  that  bill.    Thus,, 

ned  in  recent  and  signal  cases,  that 

UnVthe  contest  after  the  battle  seemed 

the  battle  was  in  fact  gain«l-,  and  .0 

acain.    These  charters  may  yet  be 

and  Whether  they  will  be  or  not.  « 

tn::mXu'-^^^^»r- 

'^sequences,  until  the  rules  of  par- 
Tproceeding  shall  put  an  endtoO.1 
Mr  B.  said  he  had  moved  for  a  select 

'      fn  the  condition  of  these  banb, 
KllowHh  no  other  object  tU 

t  to  po^e  some  checks  and  J 
eXfthecountry  against  Ujeaujj 

^s  of  the  paper  system,      h^^ 
I  „,i  nut  been  raised.    J  "c  «auuiuj 


ate,  and  endeavor  to  accompliah  as  a  member  of 
that  body,  what  could  have  been  attempted,  with 
better  prospects  of  success,  as  a  member  of  a 
committee  which  had  had  tho  management  of 
the  subject. 

"  Mr.  B.  sai'!  ho  had  wi.shed  to  have  been  on 
a  select  committee  for  the  charter  of  these  banks ; 
he  wished  to  have  revived  the  idea  of  a  bank 
without  circulation,  and  to  have  disconnected 
the  government  from  the  banking  of  the  district, 
lie  had  failed  in  his  attempt  to  raise  such  a 
committee;  and,  as  an  individual  member  of 
the  Senate,  he  could  now  do  no  more  than  men- 
tion in  debate  the  ideas  which  ho  would  have 
wished  to  have  ripened  into  legislation  through 
the  instrumentality  of  a  committee. 

"Mr.  B.  said  he  had  demonstrated  that  no 
bank  of  circulation  ought  to  be  authorized  in 
this  district ;  and,  ho  would  add,  that  none  to 
furnish  currency,  except  of  large  notes,  ought 
to  be  authorized  any  where ;  yet  what  are  we 
doing  ?    We  are  breeding  six  little  corporations 
at  a  birth,  to  issue  $2,250,000  of  paper  currency : 
and  on  what  terms  ?    No  bonus ;  no  tax  on  the 
capital ;  none  on  the  circulation  ;  no  reduction 
of  interest  in  lieu  of  bonus  or  tax ;  no  specie 
but  what  the  stockholders  please  to  put  in  ;  and 
no  liability  on  the  part  of  the  stockholders  for  a 
failure  of  these  corporations  to  redeem  their 
notes  and  pay  their  debts.    This  is  what  we  are 
doing ;  and  now  let  us  see  what  burdens  and 
taxes  these  six  corporations  will  impose  upon 
the  business  part  of  tho  community — the  pro- 
ductive classes  among  which  they  arc  to  be  per- 
petuated.   First,  there  is  tho  support  of  these 
six  corporation  governments ;  for  every  bank 
must  have  a  government,  like  a  State  or  king- 
dom; and  the  persons  who  administer  these 
corporation  governments  must  be  paid,  and  paid 
by  the  people,  and  that  according  to  the  rates 
fixed  by  themselves  and  not  by  the  people. 
Each  of  these  six  banks  must  have  its  president, 
cashier,  clerks,  and  messengers  ;  its  notary  pub- 
lic to  protest  notes ;  and  its  attorney  to  bring 
suits.    The  aggregate  salaries,  fees,  and  perqui- 
(ites,  of  all  these  officers  of  the  six  banks  will 
j  be  the  first  tax  on  the  people.     Next  comes  the 
its  to  the  stockholders.    Tho  nett  profits 
of  banks  are  usually  eight  to  ten  per  cent,  at 
I  present;  the  gross  profits  are  several  per  cent. 
jBore;  and  the  gross  profits  are  what  the  people 
jP»y.  Assuming  the  gross  profits  to  be  twelve 


per  cent.,  and  the  annual  levy  upon  the  com- 
munity will  be  about  $270,000.    The  third  loss 
to  tho  community  will  be  on  the  fluctuations  of 
prices  of  labor  and  property,  and  tho  rise  and 
fall  of  stocks,  from  the  expansions  and  contrac- 
tions of  currency,  produced  by  making  money 
plenty  or  scarce,  as  it  suits  the  interest  of  the 
bank  managers.    This  item  cannot  bo  calculated,  . 
and  depends  entirely  upon  the  moderation  and 
consciences  of  the  Neptunes  who  preside  over 
the  flux  and  reflux  of  the  paper  ocean ;  and  to 
Avhom  all  tides,  whether  of  ebb  or  flow,  and  all 
conditions  of  the  sea,  whether  of  calm  or  storm, 
are  equally  welcome,  equally  auspicious,  and 
equally  productive.    Then  come  three   other 
heads  of  loss  to  the  community,  and  of  profit  to 
the  bank :  loss  of  notes  from  wear  and  tear,  coun- 
terfeits imposed  upon  the  people  for  good  notes, 
and  good  notes  rejected  by  tho  banks  for  coun- 
terfeits ;  and  then  tho  loss  to  the  holders  from 
the  stoppage  and  failure  of  banks,  and  the  shav 
ing  in  of  notes  and  stocks.    Such  are  the  bur 
dens  and  taxes  to  be  imposed  upon  the  people 
to  give  them  a  paper  currency,  when,  if  the  paper 
currency  were  kept  away,  and  only  large  notes 
used,  as  in  France,  they  would  have  a  gold  and 
silver  currency  without  paying  a  tax  to  any  body 
for  it,  and  without  being  subject  to  any  of  the 
frightful  evils  resulting  from  the  paper  system. 
"  Objecting  to  all  banks  of  circulation,  but 
not  able  to  suppress  them  entirely,  Mr.  B.  sug- 
gested some  ameliorations  in  the  charters  pro- 
posed to  be  granted  to  render  them  less  dan- 
gerous to  tho  community.     1.  The  liability  of 
the  stockholders  for  all  the  debts  of  the  institu- 
tion, as  in  the  Scottish  banks.    2.  The  bank 
stock  to  be  subject  to  taxation,  like  other  pro- 
perty.   3.  To  issue  or  receive  no  note  of  less 
than  twenty  dollars.     4.  The  charters  to  be 
rcpealablc  at  the  will  of  Congress :  and  he  gave 
reasons  for  each  of  these  improvements ;  and 
first  for  tho  liability  of  the  stockholders.    Ho 
said : 

"  Reasons  for  this  liability  were  strong  and 
palpable.  A  man  that  owes  should  pay  while 
he  has  property  to  pay  with ;  and  it  is  iniquitous 
and  unjustifiable  that  a  bank  director,  or  stock- 
holder, should  riot  in  wealth  while  the  business 
part  of  the  community  should  hold  the  bank 
notes  which  thoy  have  put  into  circulation,  and 
be  able  to  get  nothing  for  them  after  the  bank 
had  closed  its  doors.    Such  exemptions  are  con* 


660 


THIRTY  YEARS'  VIEW. 


pv 

lis 


ti 

I;! 


trary  to  the  rights  of  tlio  community,  and  ono 
of  the  great  causes  of  the  failure  of  banks.  A 
liability  in  the  stockbrokera  is  ono  of  the  best 
securities  which  the  public  can  have  for  the  cor- 
rect management  and  solvency  of  the  institution. 
The  famous  Scottish  banks,  which,  in  upwards 
of  one  hundred  years'  operations,  had  neither 
once  convulsed  the  country  with  contractions 
and  expansions,  nor  once  st-oppcd  payment,  were 
constituted  upon  this  principle.  All  the  country 
banks  in  P^ngland,  and  all  the  bankers  on  the 
continent  of  Europe,  were  liable  to  a  still  greater 
degree ;  for  in  them  each  stockholder,  or  part- 
ner, was  liable,  individually,  for  the  whole 
amount  of  the  debts  of  the  bank.  The  princi])le 
proposed  to  be  incorporated  in  these  charters 
strikes  the  just  medium  between  the  common 
law  principle,  which  makes  each  partner  liable 
for  the  whole  debts  of  the  firm ;  and  the  corpo- 
ration principle  in  the  United  States,  which 
absolves  each  from  all  liability,  and  leaves 
the  penniless  and  soulless  carcase  of  a  defunct 
and  eviscerated  bank  alone  responsible  to  the 
community.  Liability  to  the  amount  of  the 
stock  was  an  equitable  principle,  and  with  sum- 
mary process  for  the  recovery  of  the  amounts 
of  notes  and  deposits,  and  the  invalidity  of 
transfers  of  stock  to  avoid  this  liability,  would 
be  found  a  good  remedy  for  a  great  evil.  If  the 
stockholders  in  the  three  banks  which  stopped 
payment  in  this  city  during  the  panic  session 
had  been  thus  liable,  the  notes  would  not  have 
been  shaved  out  of  the  hands  of  the  holders ;  if 
the  bank  which  stopped  in  Batimore  at  the  same 
time,  had  been  subject  to  this  principle,  the  riots, 
which  have  aflBicted  that  city  in  consequence  of 
that  stoppage,  would  not  have  taken  place. 
Instead  of  these  losses  and  riots,  law  and  remedy 
would  have  prevailed ;  every  stockholder  would 
have  been  summoned  before  a  justice  of  the 
peace— judgment  granted  against  him  on  motion 
— for  the  amount  held  by  the  complainant ;  and 
so  on,  until  all  were  paid,  or  he  could  plead  that 
he  had  paid  up  the  whole  amount  of  his  stock." 
The  evil  of  small  notes  he  classed  under  three 
general  heads :  1.  The  banishment  of  gold  and 
silver.  2.  Encouragement  to  counterfeiting. 
3.  Throwing  the  burthens  a  ad  losses  of  the 
paper  system  upon  the  laboring  and  small- 
dealing  part  of  the  community,  who  have  no 
share  in  the  profits  of  banking,  and  should  not  be 
made  to  bear  its  losses.  On  these  points,  he  said : 


"The  instinct  of  banks  to  sink  their  circula- 
tion to  the  lowest  denomination  of  notes  which 
can  be  forced  upon  the  community,  is  a  trait  in 
the  system  universally  proved  to  exist  wherever 
banks  of  circulation  have  been  permitted  to 
give  a  currency  to  a  country ;  and  the  effect  of 
that  instinct  has  always  been  to  banish  gold 
and  silver.    When  the  Bank  of  England  was 
chartered,  in  the  year  1G94,  it  could  issue  no 
note  less  than  £100  sterling;  that  amount  was 
gradually  reduced  by  the  persevering  efforts  of 
the  bank,  to  £50;  then  to  X20;  then  to  £15; 
then  to  £10 ;  at  last  to  £5  ;  and  finally  to  £2 
and  £1.      Those  last  denominations  were  not 
reached  until  the  year  1797,  or  until  one  hundnj 
and  three  years  after  the  institution  of  the 
bank ;  and  as  the  several  reductions  in  the  size 
of  the  notes,  and  the  consequent  increase  of 
paper  currency  took  place,  gold  became  more 
and  more  scarce ;  and  with  the  issue  of  the  one 
and  two  pound   notes,   it  totally  disappeared 
fr'>m  the  country. 

"This  effect  was  foretold  by  all  political 
economists,  and  especially  by  Mr.  Burke,  tlien 
aged  and  retired  from  public  life,  who  wrote 
from  his  retreat,  to  Mr.  Canning,  to  say  to  Mr. 
Pitt,  the  Prime  Minister,  these  prophetic  words: 
<  If  this  bill  for  the  one  and  two  pounds  is  per- 
mitted to  pass,  we  shall  never  see  another  guinea 
in  England.'  The  bill  did  pass,  and  the  predic- 
tion was  fulfilled ;  for  not  another  guinea,  half 
guinea,  or  sovereign,  was  seen  in  England,  fir 
circulation,  until  the  bill  was  repealed  two  and 
twenty  years  afterwards !  After  remaininir 
nearly  a  quarter  of  a  century  without  a  goM 
ciiculation,  England  abolished  her  one  and  two  j 
pound  notes,  limited  her  paper  currency  to  £5  j 
sterling,  required  all  Bank  of  England  note?  to  I 
be  paid  in  gold,  and  allowed  four  years  for  tlic  j 
act  to  take  effect.  Before  the  four  years  were 
out,  the  Bank  of  England  reported  to  Parliament  [ 
that  it  was  ready  to  begin  gold  payments ;  ar 
commenced  accordingly,  and  has  continued  tlicni  j 
ever  since. 

"  The  encouragement  of  counterfeiting  wa-sthej 
next  great  evil  which  Mr.  B.  pointed  out  as  Ic-] 
longing  to  a  small  note  currency ;  and  of  all  tkj 
denominations  of  notes,  he  said  those  of  one  anJl 
two  pounds  in  England  (correspondinp;  witlij 
fives  and  tens  in  the  United  States),  were  thosiT 
to  which  the  demoralizing  business  of  counter! 
feiting  was  chiefly  directed !     They  were  tliJ 


ANNO  1836.    ANDREW  JACKSON,  PRISIDENT. 


661 


of  banks  to  sink  their  circula. 
.St  denomination  of  notes  which 
pon  the  community,  is  a  trait  in 
,emlly  proved  to  exist  whxTcver 

.lution  have  been  permitted  to 
,  to  a  eomitry  sand  the  effect   f 

as  always  been  to  bamsh  gold 
Vhen  the  Bank  of  England  was 
the  year  1094,  it  could  issue  no 

£100  8terUiig;tl^at  amount  WM 
xced  by  the  persevering  efforts  of 
£50-  then  to  X20;  then  to  £15; 

at  last  to  £5-,  and  finally  to  £2 
Ue  last  denominations  were  not 
the  year  1797,  or  until  one  hundred 

cars  after  the  institution  of  the 

8  the  several  reductions  in  the  S./.C 

9  and  the  consequent  increase  of 
n'cy  took  place,  gold  became  more 
Je;  and  with  the  issue  of  the  « 
»und  notes,   it  totally  disaproami 

St^;as  foretold  by  all  political 
1  especially  by  Mr.  Buvke,  then 
;etired  from  public  life,  who  wrno 
'etreat,  to  Mr.  Canning,  to  say  to  Mr. 
rime  Minister,  these  prophetic  wonk 
b  for  the  one  and  two  pounds  IS  pcr- 
,asB,  we  shall  never  see  another  pinoa 
,    The  bill  did  pass,  and  the  prod.. 

hlfiUcd;  for  not  another  guinea,  halt 
tereiU  was  -n  in  England  J. 
,  until  the  bill  was  repealed  two  and  i 
\r.   afterwards!      After    reniau,.,, 
uarter  of  a  century  without  a  goU 
England  abolished  her  one  an  two 
4  limited  herpaper  currency  to  £o 
Cured  all  Bank  of  England  noteMo 
'gl,and  allowed  four  years  forth 
L  effect.    Before  the  four  years  ^vero 
anfofEngland  reported  toParlia- 
t  ready  to  begin  gold  payments;  and 
fd^cllordinglylandhascontinucdtta] 

fc;couragementof  counterfeiting  yn.stl« 
tt  evil  which  Mr.  B.  pointed  onus    - 
L  small  note  currency,  and  of  aim. 
LonTof  notes, he  said  thoseoo,.j 
Ll,   in  England  (corresponding    'tl 
I  tens  in  the  United  States),  were  tho. 
trc  demoralising  business  of  coinu. 
s  chiefly  di  They  were  tl>. 


chosen  game  of  the  forging  drpredator!  and 
tluit,  for  the  obvious  reasons  that  fives  and  tens 
were  small  enough  to  pass  currently  among  pcr- 
guiis  not  much  acquainted  with  bank  paper,  and 
large  enough  to  afford  some  profit  to  compcn- 
satu  for  the  expense  and  labor  of  producing  the 
counterfeit,  and  the  risk  of  passing  it.     Below 
(ivo>,  the  profits  are  too  small  for  the  labor  and 
risk.    Too  many  have  to  be  forged  and  passed 
before  an  article  of  any  value  can  Ins  purchased ; 
and  the  change  to  be  got  in  silver,  in  passing 
one  for  a  small  article,  is  too  little.    Of  twenty 
and  upwards,  though  the  profit  is  greater  on 
passing  them,  yet  the  danger  of  detection  is 
also  greater.     On  account  of  its  larger  size,  the 
note  is  not  only  more  closely  scrutinized  before 
it  is  received,  and  the  passer  of  it  better  remem- 
bered, but  the  circulation  of  them  is  more  con- 
fined to  business  men  and  large  dealers,  and 
silver  change  will  not  be  given  for  them  in  buy- 
ing small  articles.    The  fives  and  tens,  then,  in 
the  United  States,  like  the  £1  and  £2  in  Eng- 
land, are  the  peculiar  game  of  counterfeiters, 
and  this  is  fully  proved  by  the  criminal  statistics 
of  the  forgery  department  in  both  countries. 
According  to  returns  made  to  the  British  Parlia- 
ment for  twenty-two  years — from  1797  to  1819 
—the  period  in  which  the  one  and  two  pound 
notes  were  allowed  to    circulate,  the  whole 
number  of  prosecutions  for  counterfeiting,  or 
passing  counterfeit  notes  of  the  Bank  of  Eng- 
land, was  998:  in  that  number  there  were  313 
capital  convictions ;  530  inferior  convictions ;  and 
155  acquittals :  and  the  sum  of  £249,900,  near  a 
million  and  a  quarter  of  dollars,  was  expend- 
ed by  the  bank  in  attending  to  prosecutions. 
Of  this  great  number  of  prosecutions,  the  re- 
turns show  that  the  mass  of  them  were  for 
offences  connected  with  the  one  and  two  pound 
notes.    The  proportion  may  be  distinctly  seen 
in  the  number  of  counterfeit  notes  of  different 
denominations  detected  at  the  Bank  of  England 
in  a  given  period  of  time — from  the  1st  of 
January,  1812,  to  the  10th  of  April,  1818— being 
a  period  of  six  years  and  three  months  out  of 
the  twenty-two  years  that  the  one  and  two 
pound  notes  continued  to  circulate.    The  detec- 
tions were,  of  one  jx)und  notes,  the  number  of 
lu',238 ;  of  two  pound  notes,  17,787 ;   of  five 
pound  notes,  5,820 ;  of  ten  pound  notes,  419 ; 
of  twenty  pound  notes,  54.    Of  all  above  twenty 
pounds,  35.    The  proportion  of  ones  and  twos 


to  the  other  sizes  may  be  well  seen  in  the  tables 
for  this  brief  period ;  but  to  have  any  idea  of 
the  mass  of  counterfeiting  done  upon  those 
small  notes,  the  whole   period  of  twenty-two 
years  must  be  considered,  and  the  entire  king- 
dom of  Great  Britain  taken  in ;  for  the  list  only 
includes  the  number  of  counterfeits  detected  at 
the  counter  of  the  bank ;  a  place  to  which  the 
guilty  never  carry  their  forgeries,  and  to  which 
a  portion  only  of  those  circulating  in  and  about 
London  could  be  carried.    The  proportion  of 
crime  connected  with  the  small  notes  is  here 
shown  to  be  enormously  and  frightfully  great. 
The  same  results  are  found  in  the  United  States. 
Mr.  B.  had  looked  over  the  statistics  of  crime 
connected  with  the  counterfeiting  of  bank  notes 
in  the  United  States,  and  found  the  ratio  between 
the  great  and  small  notes  to  be  about  the  same 
that  it  was  in  England.    He  had  had  recourse 
to  the  most  authentic  data — Bicknell's  Coun- 
terfeit Detector — and  there  found  the  editions  of 
counterfeit  notes  of  the  local  or  State  banks,  to 
be  eight  hundred  and  eighteen,  of  which  seven 
hundred  and  fifty-six  were  of  ten  dollars  and 
under ;  and  sixty-two  editions  only  were  of 
twenty  dollars  and  upwards.    Of  the  Bank  of 
the  United  States  and  its  branches,  he  found 
eighty-two  editions  of  fives ;  seventy-one  edi- 
tions of  tens  ;  twenty-six  editions  of  twenties ; 
and  two  editions  of  fifties ;  still  showing  that 
in  the  United  States,  as  well  a«  in  England,  on 
local  banks  as  well  as  that  of  the  United  States, 
the  course  of  counterfeiting  was  still  the  same ; 
and  that  the  whole  stress  of  the  crime  fell  upon 
the  five  and  ten  dollar  notes  in  this  country,  and 
their  corresponding  classes,  the  one  and  two 
pound  notes  in  England.    Mr.  B.  also  exhibited 
the  pages  of  Bicknell's  Counterfeit  Detector,  a 
pamphlet  covered   over  column  after  column 
with  its  frightful  lists,  nearly  all  under  twenty 
dollars  ;  and  he  called  upon  the  Senate  in  the 
sacred  name  of  the  morals  of  the  country — in 
the  name  of  virtue  and  morality — to  endeavor 
to  check  the  fountain  of  this  crime,  by  stopping 
the  issue  of  the  description  of  notes  on  which 
it  exerted  nearly  its  whole  force. 

"Mr.  B.  could  not  quit  the  evils  of  the 
crime  of  counterfeiting  in  the  United  States 
without  remarking  that  the  difficulty  of  legal 
detection  and  punishment  was  so  great,  owing 
to  the  distance  at  which  the  counterfeits  were 
circulated  from  the  banks  purporting  to  issue 


662 


THIRTY  YEARS'  VIEW. 


m 


them,  and  the  still  greater  difficulty  (in  most 
cases  impossible)  of  getting  witnesses  to  attend 
in  person,  in  States  in  which  they  do  not  reside, 
the  counterfeiters  all  choosing  to  practise  their 
crime  and  circulate  their  forgeries  in  States 
which  do  not  contain  the  banks  whoso  paper 
they  arc  imitating.  So  difficult  is  it  to  obtain 
the  attendance  of  witnesses  in  other  States,  that 
the  crime  of  counterfeiting  is  almost  practised 
with  impunity.  The  notes  under  $20  feed  and 
supply  this  crime;  let  them  be  stopped,  and 
ninety-nine  hundredths  of  this  crime  will  stop 
with  them. 

"  A  third  objection  which  Mr.  B.  urged  against 
the  notes  under  twenty  dollars  was,  that 
nearly  the  whole  evils  of  that  part  of  the  paper 
system  fell  upon  the  laboring  and  small  deal- 
ing part  of  the  community.  Nearly  all  the 
counterfeits  lodged  in  their  hands,  or  were 
shared  out  of  their  hands.  When  a  bank  failed, 
the  mass  of  its  circulation  being  in  small 
notes,  sunk  upon  their  hands.  The  gain  to  the 
banks  from  the  wear  and  tear  of  small  notes, 
came  out  of  them ;  the  loss  from  the  same 
cause,  falling  upon  them.  The  ten  or  twelve  per 
cent,  annual  profit  for  furnishing  a  currency  in 
place  of  gold  and  silver  (for  which  no  interest 
would  be  paid  to  the  mint  or  the  government), 
chiefly  falls  upon  them ;  for  the  paper  currency 
is  chiefly  under  twenty  dollars.  These  evils 
they  almost  exclusively  bear,  while  they  have, 
over  and  above  all  these,  their  full  proportion 
of  all  the  evils  i  >  suiting  from  the  expansions 
and  contractions  which  are  incessantly  going 
on,  totally  destroying  the  standard  of  value, 
periodically  convulsing  the  country ;  and  in  every 
cycle  of  five  or  six  years  making  a  lottery  of 
all  property,  in  which  all  the  prizes  are  drawn 
by  bank  managers  and  their  friends. 

"  He  wished  the  basis  of  circulation  through- 
out the  country  to  be  in  hard  money.  Farmers, 
laborers,  and  market  people,  ought  to  receive 
their  payments  in  hard  money.  They  ought 
not  to  be  put  to  the  risk  of  receiving  bank  notes 
in  all  their  small  dealings.  They  are  no  judges 
of  good  or  bad  notes.  Counterfeits  ure  sure  to 
fall  upon  their  hands ;  and  the  whole  business 
of  counterfeiting  was  mainly  directed  to  such 
notes  as  they  handle — those  under  twenty 
dollars. 

"  Mr.  B.  said  be  here  wished  to  fix  the  atten- 
tion of  those  who  were  in  favor  of  a  respectable 


paper  currency — a  currency  of  respcctable-sizej 
notes  of  twenty  dollars  and  upwards — on  the 
great  fact,  that  the  larger  the  specie  basis,  the 
larger  and  safer  would  bo  the  superstructure  of 
paper  which  rested  upon  it ;  the  smaller  that 
specie  basis,  the  smaller  and  more  unsafe  must 
be  the  paper  which  rested  on  it.    The  currency 
of  England  is  $300,000,000,  to  wit:  £8,000,000 
sterling  (near  $40,000,000)  in  silver ;  £22,000,000 
sterling  (above    $100,000,000)  in    gold;  and 
about  £30,000,000  sterling  (near  $150,000,000) 
in  bank  notes.    The  currency  of  the  United 
States  is  difficult  to   be  ascertained,  from  the 
multitude  of  banks,  and  the  incessant  ebb  and 
flow  of  their  issues;  calculations  vary;  but  all  put 
the  paper  circulation  at  less  than  $100,000,000; 
and  the  proportion  of  specie  and  paper,  at  more 
than  one  half  paper.    This  is  agreed  upon  all 
hands,  and  is  sufficient  for  the  practical  result 
that  an  increase  of  our  specie  to  $100,000,000 
and  the  suppression  of  small  notes,  will  give  a 
larger  total  cu-culation  than  we  now  have,  and 
a  safer  one.    The  total  circulation  may  then  be 
$200,000,000,in  the  proportions  of  half  paper  and 
half  specie ;  and  the  specie,  half  gold  and  half 
silver.    This  would  be  an  immense  improve- 
ment upon  our  present  condition,  both  in  quan- 
tity and  in  quality ;  the  paper  part  would  bfr 
come  respectable  from  the  suppression  of  notes 
under  twenty  dollars,  which  are  of  no  profit  ex- 
cept to  the  banks  which  issue  them,  and  the 
counterfeiters  who   imitate  them ;   the  specie 
part  would  be  equally  improved  by  becoming 
one  half  gold.    Mr.  B.  could  not  quit  this  im- 
portant point,  namely,  the  practicability  of  soon 
obtaining  a  specie  currency  of  $100,000,000,  and 
the  one  half  gold,  without  giving  other  proofs 
to  show  the  facility  with  which  it  has  been 
every  where  done  when  attempted.    He  refer- 
red to  our  own  history  immediately  after  the 
Revolution,  when  the  disappearance  of  pai)er 
money  was  instantly  followed,  as  if  by  magic, 
by  the  appearance  of  gold  and  silver;  to  France, 
where  the  energy  of  the  great  Napoleon,  then  | 
first  consul,  restored  an  abundant  supply  of  gold 
and  silver  in  one  year ;  to  England,  where  the  j 
acquisition  of  gold  was  at  the  rate  of  $24,000,0 
per  annum  for  four  years  after  the  notes  under  j 
five  pounds  were  ordered  to  be  suppressed ;  andj 
he  referred  with  triumph  to  our  own  present  j 
history,  when,  in  defiance  of  an  immense  s 
powerful  political  and  moneyed  combin»tioiij 


ANNO  1836.     ANDREW  JACKSON,  PRESIDENT. 


663 


-a  currency  of  respcctable-sizea 
y  dollars  and  upwards-on  the 
the  larger  the  specie  basis,  the 
.  would  be  the  superstructure  of 
estcd  upon  if,  the  smaller  that 
,e  smaller  and  more  unsafe  must 
rhich  rested  on  it.    The  currency 
16300000,000,  to  wit:  X8,000,000 
j40000,000)insilver;£22,000,000 
re    8100,000,000)  in    gold;   and 
)  000  sterling  (near  $150,000,000) 
,g     The  currency  of  the  United 
Icult  to   be  ascertained,  from  the 
banks,  and  the  incessant  ebb  and 
ssues;  calculations  vary,  butallput 
culation  at  less  than  $100,000,000; 
,ortion  of  specie  and  paper,  at  more 
f  paper.    This  is  agreed  upon  all 
,  sufficient  for  the  practical  result, 
^!L  of  our  specie  to  $100,000,000, 
pression  of  small  notes,  will  give  a 
circulation  than  we  now  have,  and 

The  total  circulation  may  then  to 
)0,intheproi>ortionsofhalfpaperand 
.^nd  the  specie,  half  gold  and  halt 
'is  would  be  an  immense  improve- 
our  present  condition,  both  in  quun- 
.quality;  the  paper  part  would  be- 

ctable  from  the  suppression  of  notes 
Udollar8,whichareofnoprofiex- 
e  banks  which  issue  them,  and  the 
ers  who  imitate  them;  the  specie 
d  be  equally  improved  by  bccommg 
bid  Mr.  B.  could  not  quit  this  ira- 
\.J  namely,  the  practicability  of  soon 
Ercur;ncy'of$100,000,000,a„d 
hf  gold,  without  giving  other  proofs 

he  facility  with  which  it  has  been 
re  done  when  attempted  Ih^reer- 
.own  history  immediately  after  the 
;   when  the  disappearance  of  pa^r 

;  instantly  followed,  as  if  by  mag.^ 
.earanceofgoldand  silver;  to  France, 

energy  of  the  great  Napoleon,  then 
d  restoredanabundantsupplyofgod 
4  one  year;  to  England^-    ; 

of  gold  was  at  the  rate  of  $24,0U0,mu 
,  J  four  years  after  the  notes  «n^ 
Is  were  ordered  to  be  suppressed,  and 

dwth  triumph  to  our  own  pre.en 
'hen  in  defiance  of  an  immense  and 
po^t  cal  and  moneyed  combu^t.oa 


against  gold,  we  will  have  acquired  about 
^20,000,000  of  that  metal  in  the  two  concluding 
years  of  President  Jackson's  administration. 

"  Mr.  B.  took  this  occasion  to  express  his  re- 
gret that  the  true  idea  of  banks  seemed  to  be 
lost  in  this  country,  and  that  here  we  had  but 
little  conception  of  a  bank,  except  as  an  issuer 
of  currency.    A  bank  of  discount  and  deposit, 
in  contradistinction  to  a  bank  of  circulation,  is 
hardly  thought  of  in  the  United  States ;  and  it 
may  be  news  to  some  bank  projectors,  who  sup- 
pose that  nothing  can  be  done  without  banks 
to  issue  millions  of  paper,  to  learn  that  tlie  great 
bankers  in  London  and  Paris,  and  other  capitals 
of  Europe,  issue  no  paper ;  and,  still  more,  it 
may  be  news  to  them  to  learn  that  Liverpool 
and  Manchester,  two  cities  which  happen  to  do 
about  as  much  business  as  a  myriad  of  such 
cities  as  this  our  Washington  put  together,  also 
happen  to  have  no  banks  to  issue  currency  for 
them.    They  use  money  and  bills  of  exchange, 
and  have  banks  of  discount  and  deposit,  but  no 
banks  of  circulation.    Mr.  Gallatin,  in  his  Essay 
upon  Currency,  thus  speaks  of  them : 

" '  There  are,  however,  even  in  England,  where 
incorporated  country  banks  issuing  paper  are 
as  numerous,  and  have  been  attended  with  the 
«iime  advantages,  and  the  same  evils,  as  our 
country  banks,  some  extensive  districts,  highly 
industrious  and  prosperous,  where  no  such  bank 
does  exist,  and  where  that  want  i.:  supplied  by 
bills  of  exchange  drawn  on  Londo.»,  This  is 
the  case  in  Lancashire,  which  includes  Liverpool 
and  Manchester,  and  where  such  bills,  drawn  at 
ninety  days  after  date,  are  indorsed  by  each 
successive  holder,  and  circulate  through  numer- 
ous persons  before  they  reach  their  ultimate 
destination,  and  are  paid  by  the  drawc«.' 

"Mr.  B.  greatly  regretted  that  such  banks  as 

those  in  Liverpool  and  Manchester  were  not  in 

TOgue  in  the  United  States.     They  were  the 

right  kind  of  banks.    They  did  great  good,  and 

were  wholly  free  from  mischief.      They  lent 

money;  they  kept  money;    they  transferred 

credits  on  books ;  they  bought  and  sold  bills  of 

exchange ;  and  these  bills,  circulating  through 

many  hands,  and  indorsed  by  each,  answered 

the  purpose  of  large  bank  notes,  without  their 

dangers,  and  became  stronger  every  time  they 

were  passed.    To  the  banks  it  was  a  profitable 

business  to  sell  them,  because  they  got  both  ex- 

clunge  and  interest    To  tK  commercial  com- 


munity they  were  convenient,  both  as  a  remit- 
tance and  as  funds  in  hand.  To  the  community 
they  were  entirely  safe.  Banks  of  discount  and 
deposit  in  the  United  States,  issuing  no  currency, 
and  issuing  no  bank  note  except  of  $100  and 
upwards,  and  dealing  in  exchange,  would  be  en- 
titled to  the  favor  and  contidence  of  the  people 
and  of  the  federal  government.  Such  banks 
only  should  be  the  dejiositories  of  the  public 
moneys. 

"  It  is  the  faculty  of  issuing  paper  currency 
which  makes  banks  dangerous  to  the  country, 
and  the  height  to  which  this  danger  has  risen 
in  the  United  States,  and  the  progress  which  it 
is  making,  should  rouse  and  alarm  the  whole 
community.    It  is  destroying  all  standard  of 
value.  It  is  subjecting  the  country  to  demoraliz- 
ing and  ruinous  fluctuations  of  price.    It  is  mak- 
ing a  lottery  of  property,  and  making  merchan- 
dise of  money,  which  has  to  be  bought  by  the 
ticket  holders  in  the  great  lottery  at  two  and 
three  per  cent,  a  month.    It  is  equivalent  to  the 
destruction  of  weights  and  measures,  and  like 
buying  and  selling  without  counting,  weighing, 
or  measuring.    It  is  the  realizuiion,  in  a  differ- 
ent form,  of  the  debasement  and  arbitrary  alter- 
ation of  the  value  of  coins  practised  by  the  kings 
of  Europe  in  former  ages,  and  now  by  the  Sultan 
of  Turkey.    It  is  extinguishing  the  idea  of  fixed, 
moderate,  annual  interest.     Great  duties  are 
thus  imposed  upon  the  legislator  ;  and  the  first 
of  these  duties  is  to  revive  and  favor  the  class 
of  banks  of  discount  and  deposit ;  banks  to  make 
loans,  keep  money,  transfer  credits  on  books, 
buy  and  sell  exchange,  deal  in  buiuoa ;  but  to 
issue  no  paper.    This  class  of  banks  should  bo 
revived  and  favored;   and  the  United  States 
could  easily  revive  them  by  confiding  to  them 
the  public  deposits.    The  next  great  duty  of  the 
legislator  is  to  limit  the  issues  of  banks  of  circu- 
lation, and  make  them  indemnify  the  community 
in  some  little  degree,  by  refunding,  in  annual 
taxes,  some  part  of  their  undue  gains. 

"The  progress  of  the  banking  business  is 
alarming  and  deplorable  in  the  Unite*!  States. 
It  is  now  computed  that  there  are  750  banks 
and  their  branches  in  operation,  all  having  au- 
thority to  issue  currency ;  and,  what  is  worse, 
all  that  currency  is  receivable  by  the  federal 
government.  The  quantity  of  chartered  bank 
capital,  as  it  is  called,  is  estimated  at  near 
$800,000,000 ;  the  amount  of  this  capital  re- 


ll 


'% 


664 


TFIIUTY  A'EAHS'  VIEW. 


ported  by  the  banks  to  have  Veen  paid  in  is 
about  $300,000,000 ;  and  the  qnantitj-  jf  paper 
money  which  they  are  authorized  by  their  char- 
ters to  issue  is  alioiit  f(!7r)0,000,000.  IIow  much 
of  this  U  actuall)'  issued  can  never  l)c  knoivn 
with  any  precision  ;  for  such  are  the  fluctuations 
In  the  amount  of  a  paper  currency,  flowing  from 
750  foiantains,  that  the  circulation  of  one  day 
cannot  be  relied  upon  fi  ir  the  next.  The  amount 
of  capital,  reported  to  be  paid  in,  is,  however,  well 
ascertained,  and  that  is  fixed  at  ^300,000,000. 
This,  upon  its  face,  and  without  recourse  to  any 
other  evidence,  is  proof  that  our  banking  s^'stem, 
as  a  whole,  is  unsolid  and  delusive,  and  a  fright- 
ful imposition  upon  the  people.  Nothing  but 
specie  can  form  the  capital  of  a  bank  ;  there  arc 
not  above  sixtj'  or  seventy  millions  of  specie  in 
the  country,  and,  of  that,  the  banks  have  not 
the  one  half  Thirty  millions  in  specie  is  the 
extent ;  the  rcmiiinder  of  the  capital  must  have 
been  made  up  of  that  undefinable  material  called 
'  specie  funds,'  or  '  funds  equivalent  to  specie,' 
the  fallacy  of  which  is  establishcl  by  the  facts 
already  stated,  and  which  show  that  all  <  le 
specie  in  the  country  put  together  is  not  su  J- 
cient  to  meet  the  one  fifth  part  of  these  '  specie 
funds,'  or  'funds  equivalent  to  specie.'  The 
equivuiinl,  then,  does  not  exist !  credit  alone 
exists  ;  and  any  general  attempt  to  realize  these 
'  specie  funds,'  and  turn  them  into  specie,  would 
explode  the  whole  banking  system,  and  cover 
the  country  with  ruin.  There  may  be  some 
solid  and  substantial  banks  in  the  country,  and 
undoubtedly  tb^^re  are  better  and  worse  among 
them  ;  buc  as  a  whole — and  it  is  in  that  point 
of  view  the  community  is  interested — as  a  whole, 
the  .system  is  unsolid  and  delusive  ;  and  there  is 
no  safety  for  the  country  until  great  and  radical 
reforms  are  effected. 

•  "  The  burdens  which  these  750  banks  impose 
upon  the  people  were  then  briefly  touched  by  jMr. 
B.  It  was  a  great  field,  which  he  had  not  time 
to  explore,  but  which  could  not,  in  justice,  be 
entirely  passed  by.  First,  there  were  the  sala- 
ries and  fees  of  750  sets  of  bank  officers :  presi- 
dents, cashiers,  clerks,  messengers,  notaries  pub- 
lic to  protest  notes,  and  attorneys  to  siie  on 
them ;  all  these  had  salaries,  and  f'ood  salaries, 
paid  by  the  people,  though  the  people  had  no 
hand  in  fixing  these  salaries :  next,  the  profits 
to  the  stockholders,  which,  at  an  average  of  ten 
per  centum  gross  would  g'  ^e  thirty  millions  of 


dollars,  all  levied  upon  the  people;  then  came 
the  profits  to  the  brokers,  first  cousins  to  the 
bankers,  for  changing  notes  for  money,  or  for 
other  not'?s  at  par ;  then  the  gain  to  th'o  banks 
and  their  friends  on  speculations  in  property, 
merchandise,  produce,  and  stocks,  during  the 
periodical  visitations  of  the  expansions  and  con- 
tractions of  the  currency ;  then  the  gain  from 
the  wear  and  tear  of  notes,  which  is  so  much 
loss  to  the  i)cople ;  und,  finally,  the  great  chap- 
ter of  counterfeiting  which,  without  being  pro- 
fitable  to  the  bank,  is  a  great  burden  to  the  peo- 
ple, on  whose  hands  all  the  counterfeits  sjnli. 
The  amount  of  these  burdens  he  could  not  com- 
pute ;  but  there  was  one  item  about  which  tiicre 
was  no  dispute — the  salaries  to  the  oflBcers  and 
the  profits  to  the  stockholders — and  this  pre- 
sented an  array  of  names  more  numerous,  and 
an  amount  of  money  more  excessive,  than  was 
to  be  found  in  the  '  Blue  Book,'  with  the  Army 
and  Navy  Register  inclusive. 

"  Mr.  B.  said  this  was  a  faint  sketch  of  the 
burdens  of  the  banking  system  as  carried  on  in 
the  United  States,  where  every  bank  is  a  coiner 
of  paper  currency,  and  where  every  town,  in 
some  States,  must  have  its  banks  of  circulation. 
while  such  cities  as  Liverpool  and  Manchester 
have  no  such  banks,  and  where  the  paper  momv 
of  all  these  machines  receive  wings  to  fly  ovw 
the  whole  continent,  and  to  infest  the  whole 
land,  from  their  universal  receivability  by  the 
federal  government  in  payment  of  all  dues  at 
their  custom-houses,  land-offices,  post-office*. 
and  by  all  the  district  attorneys,  marshaKs,  and 
clerks,  employed  under  the  federal  judiciary. 
The  improvidence  of  the  States,  in  chartering 
such  institutions,  is  great  and  deplorable ;  but 
their  error  was  trifling,  compared  to  the  impro- 
vidence of  the  federal  government  in  taking  tlie 
paper  coinage  of  all  these  banks  for  the  currencv 
of  the  federal  government,  maugre  that  clause 
in  the  constitution  which  recognizes  nothing  but 
gold  and  silver  for  currency,  and  which  was  in- 
tended for  ever  to  defend  and  preserve  this  Union 
from  the  evils  of  paper  money. 

"  Mr.  B.  averred,  with  a  perfect  knowledge  of 
the  fact,  that  the  banking  system  of  the  United 
States  was  on  a  worse  footing  than  it  was  in  any  I 
country  upon  the  face  of  the  earth ;  and  that,  in  j 
addition  to  its  deep  and  dangerous  defects,  it 
was  also  the  most  expensive  and  burdensome, 
and  gave  the  most  undue  advantages  to  one  part  I 


6.  fM 


ANNO  1836.    ANDREW  JACKSON,  PRESIDENT. 


665 


ictl  upon  the  F"!'!*'  ">  ^^^^  ^^^^ 
the  brokers,  first  coushis  to  the 
Hinging  notes  for  money,  or  for 
par  ;  then  the  gain  to  tho  banks 
nds  on  speculations  in  property, 
produce,  and  Rtocks,  during  the 
tations  of  the  expansions  and  con- 
h.e  currency ;  then  the  gain  from 
tear  of  notes,  which  is  so  much 
■ople ;  ftnd,  finally,  the  great  chap- 
pfeiting  which,  without  being  pro- 
bank,  is  a  great  burden  to  the  pco- 
B  hands  all  the  counterfeits  sink. 
of  these  burdens  he  could  not  cotn- 
,ere  was  one  item  about  which  there 
ite— the  salaries  to  the  officers  and 
;o  the  stockholders— and  this  pre- 
ray  of  names  more  numerous,  and 
of  money  more  excessive,  than  was 
in  the  'Blue  Book,'  with  the  Army 
legister  inclusiye. 
i5aid  this  was  a  faint  sketch  of  the 
the  banking  system  as  carried  on  in 
States,  where  every  bank  is  a  coinor 
urrcncy,  and  where  every  town,  in 
s  must  have  its  banks  of  circulation, 
cities  as  Liverpool  and  Manchester 
ch  banks,  and  where  the  pa^r  mom  y 
machines  receive  wings  to  fly  over 
continent,  and  to  infest  the  wliol. 
their  universal  receivability  by  the 
^ernment  in  payment  of  all  dues  at 
torn-houses,  land-offices,  post-office=, 
the  district  attorneys,  marshals,  and 
iployed  under  the  federal  judiciary. 
.vidence  of  the  States,  in  chartering 
(ution8,is  great  and  deplorable ;  but 
.  was  trifling,  compared  to  theimpro- 
Ithe  federal  government  in  taking  the 
ige  of  all  these  banks  for  the  currency 
■ral  government,  maugre  that  clause 
stitution  which  recognizes  nothing  but 
Elver  for  currency,  and  which  was  in- 
ever  to  defend  and  preserve  this  Union 
vils  of  paper  money, 
averred,  with  a  perfect  knowledge  o 
,ftt  the  banking  system  of  the  United 
on  a  worse  footing  than  it  was  in  any 
,>on  the  face  of  the  earth ;  and  that,in 
.0  its  deep  and  dangerous  defects,  it 
he  most  expensive  and  burdensome, 
Ve  most  undue  advantages  to  one  part 


of  the  community  over  another.     He  had  no 
doubt  but  that  this  banking  system  wns  more 
burdensome  to  the  free  citizens  of  the  United 
gtates  than  ever  the  feudal  system  was  to  the 
filleins,  and  serfs,  and  peasants  of  Europe.  And 
ivhat  did  they  get  in  return  for  this  vast  bur- 
ien  1    A  pestiferous  currency  of  small  paper  ! 
ffhen  they  might  have  a  gold  currency  without 
paying  interest,  or  suffering  losses,  if  their  banks, 
like  those  in  Liverpool  and  Manchester,  issued  no 
currency  except  as  bills  of  exchange ;  or,  like 
the  iJank  of  France,  issued  no  notes  but  those 
of  500  and  1,000  francs  (say  $100  and  $500) ; 
or  even,  like  the  Bank  of  England,  issued  no 
note  under  £5  sterling,  and  payable  in  gold.  And 
with  how  much  real  capital  is  this  banking  sy-s- 
tem,  so  burdensome  to  the  people  of  the  United 
States,  carried  on?  About  $30,000,000 !  Yes;  on 
about  $30,000,000  of  specie  rests  the  $300,000,000 
paid  in,  and  on  which  the  community  are  paying 
iutcrcst,  and  giving  profits  to  bankers,  and  blind- 
ly yielding  their  faith  and  confidence,  as  if  the 
whole  $300,000,000  was  a  solid  bed  of  gold  and 
jilTcr,  instead  of  being,  as  it  is,  one  tenth  part 
specie,  and  nine  tenths  paper  credit ! " 

Other  senators  spoke  -igainst  the  recharter  of 
these  banks,  without  tl.e  amelioration  of  their 
charters  which  the  public  welfare  required ;  but 
without  effect.  The  amendments  were  all  re- 
jected, and  the  bill  passed  for  the  recharter  of 
the  whole  six  by  a  large  vote — 26  to  14.  The 
yeas  and  nays  were : 

Yeas. — Messrs.  Black,  Buchanan,  Calhoun, 
Clay,  Crittenden,  Cuthbert,  Davis,  Ewing  of 
Ohio,  Goldsborough,  Hendricks,  Hubbard,  Kent, 
King  of  Alabama,  Knight,  Leigh,  Naudain, 
Nicholas,  Porter,  Prentiss,  Rives,  Southard, 
Swift,  Tallmadge,  Tomlinson,  Walker,  Webster. 

Nays. — Messrs.  Benton,  Ewing  of  Illinois, 
King  of  Georgia,  Linn,  McKean,  Mangum,  Mor- 
ris, Niles,  Robinson,  Ruggles,  Shepley,  Wall, 


White, 


Wright. 


CHAPTER   CXLIV. 

INDEPENDENCE  OP  TEXAS. 

DcRiNG  several  months  memorials  had  been 
I  coming  in  from  public  meetings  in  different  cities 
1  in  favor  of  acknowledging  the  independence  of 
I  ttxas— the  public  feeling  in  behalf  of  the  people 


of  that  small  revolted  province,  stnni;:  from  the 
beginning  of  the  contest,  now  inflamed  info  rnge 
from  the  massacres  of  the  Alamo  and  of  (Joliad. 
Towards  the  middle  of  May  news  of  the  vic- 
tory of  San  Jacinto  arrived  at  Washington. 
Public  feeling  no  longer  knew  any  bounds. 
The  people  were  exalted — Congress  not  less  so 
— and  a  feeling  for  the  acknowledgment  of 
Texian  independence,  if  not  universal,  almost 
general.  The  sixteenth  of  May — the  first  sitting 
of  the  Senate  after  this  great  news — Mr.  Man- 
gum,  of  North  Carolina,  presented  the  proceed- 
ings of  a  public  meeting  in  Burke  county,  of  that 
State,  praying  Congress  to  acknowledge  the  in- 
depender  of  the  young  republic.  Mr.  Preston 
said :  "  The  effects  of  that  victory  had  opened  up 
a  curtain  to  a  most  magnificent  scene.  This 
invader  had  come  at  the  head  of  his  forces,  urged 
on  by  no  ordinary  impulse — by  an  infuriate  fana- 
ticism— by  a  superstitious  Catholicism,  goaded 
on  by  a  miserable  priesthood,  against  that  in- 
vincible Anglo-Saxon  race,  the  van  of  which 
now  approaches  the  del  Noric,  It  was  at  dnce 
a  war  of  religion  and  of  liberty.  And  when 
that  noble  race  engaged  in  a  war,  victory  was 
sure  to  perch  upon  their  standard.  This  was 
not  merely  the  retribution  of  the  cruel  war  upon 
the  Alamo,  but  that  tide  which  was  swollen 
by  this  extraordinary  victory  would  roll  on; 
and  it  was  not  in  the  spirit  of  prophecy  to  say 
where  it  would  stop."  ^Ir.  Walker,  of  Missis- 
sippi, said : 

"  He  had,  upon  the  22d  of  April  last,  called 
the  attention  of  the  Senate  to  the  struggle  in 
Texas,  and  suggested  the  reservation  of  any 
surplus  that  might  remain  in  the  treasury,  for 
the  purpose  of  acquiring  Texas  from  whatever 
government  might  remain  the  government  de 
facto  of  that  countrj'.  At  that  period  (said  Mr. 
W.)  no  allusion  had  been  made,  he  believed,  by 
any  one  in  either  House  of  Congress  to  the  situ- 
ation of  affairs  in  Texas.  And  now  (snid  Mr. 
W.),  upon  the  very  day  that  he  had  called 
the  attention  of  the  Senate  to  this  subject,  it 
appeared  that  Santa  Anna  had  been  captured, 
and  his  army  overthrown.  Mr.  W.  said  he  had 
never  doubted  this  result.  When  on  the  22d 
of  April  last,  resolutions  were  introduced  before 
the  Senate  by  the  senator  from  Ohio  (Mr.  Mor- 
ris), requesting  Congress  to  recognize  the  inde- 
pendence of  Texas,  he  (Mr.  W.)  had  opposed 
laying  these  resolutions  on  the  table,  and  advo- 
cated their  reference  to  a  committee  of  the 
Senate.  Mr.  W.  said  he  had  addressed  the 
Senate  then  under  very  different  circumstances 
from  those  which  now  existed.    The  cries  of 


if' 


-4 


1. 


I  *  ml'  K  i 


=a^ 


666 


THIRTY  YEARS'  VIEW. 


the  pxpiriiig  prisoncm  nt  the  Aliimo  wvn  tlu-n 
roHoiindiiip  in  our  cars ;  tho  victorioiiH  UHiirppr 
waH  adviincin^;  onward  with  hJH  cxtcrniinutinK 
warfiiro,  nnd,  in  thu  mindu  of  many,  all  waH 
gloom  and  despondency ;  hut  Mr.  VV\  said  that 
tlie  published  report  of  our  proecedings  demon- 
strated that  ho  did  not  (ov  a  moment  despond  ; 
that  his  confidence  in  t)io  rlHc  of  the  W-jst  was 
firm  and  unshaken ;  and  that  he  hud  then  de- 
clared that  the  sun  was  not  more  certain  to  set 
in  the  western  horizon,  than  tliat  Texas  would 
maintain  her  independence ;  and  this  sentiment 
ho  had  taken  occasion  to  repeat  in  thu  dcliato 
on  this  subject  in  the  Senate  on  the  Oth  of  May 
last.  Mr.  W.  said  that  what  was  then  predic- 
tion was  now  reality ;  and  his  heart  beat  hif^h,  and 
his  pulse  throbbed  with  delight,  in  contemplating 
this  triumph  of  lilwrty.  Sir  (said  Mr.  W.),  tho 
people  of  the  valley  of  the  Mississippi  never 
could  have  |)ermitted  Santa  Ana  and  his  myr- 
midons to  retain  the  dominion  of  Texas." 

Mr.  Walker  afterwards  moved  tho  reference 
of  all  the  memorials  in  relation  to  Texas  to  tho 
Committee  on  Foreign  Relations.  If  the  accounts 
received  from  Texas  had  been  official  (for  as 
yet  there  were  nothing  but  newspaper  accounts 
of  the  great  victory),  he  would  have  moved  for 
the  immediate  recognition  of  the  Texian  inde- 
pendence. Being  unofficial,  he  could  only  move 
the  reference  to  the  committee  in  the  expecta- 
tion that  they  would  investigate  the  facts  and 
bring  the  subject  before  the  Senr.to  in  a  suitable 
form  for  action.    Mr.  Webster  said : 

"That  if  the  people  of  Texas  had  established 
a  government  de  facto,  it  was  undoubtedly 
the  duty  of  this  government  to  acknowledge 
their  independence.  The  time  and  manner  of 
doing  so,  however,  were  all  matters  proper 
for  grave  and  mature  consideration.  He  should 
have  been  better  satisfied,  had  this  matter 
not  been  moved  again  till  all  the  evidence 
had  been  collected,  and  until  they  had  received 
official  information  of  the  important  events  that 
had  taken  place  in  Texas.  As  this  pi-ocecding 
had  been  moved  by  a  member  of  the  adminis- 
tration party,  he  felt  himself  bound  to  under- 
stand that  the  Executive  was  not  opposed  to 
take  the  first  steps  now,  and  that  in  his  opinion 
this  proceeding  was  not  dangerous  or  premature. 
Mr.  W.  was  of  opinion  that  it  would  be  best 
not  to  act  with  precipitation.  If  this  informa- 
tion was  true,  they  would  doubtless  before  long 
hear  from  Texas  herself;  for  as  soon  as  she  felt 
that  she  was  a  country,  and  had  a  country,  she 
would  naturally  present  her  claims  to  her  neigh- 
bors, to  be  recognized  as  an  independent  nation. 
He  did  not  say  that  it  would  be  necessary  to 
wait  for  this  event,  but  he  thought  it  would  be 
discreet  to  do  so.  He  would  be  one  of  the  first 
to  acknowledge  the  independence  of  Texas,  on 


reasnnablo  proof  that  she  had  established  a  i;ov. 
ernment.  There  were  views  connected  with 
Texas  which  he  would  not  now  present,  oh  jj 
would  bo  preniHture  to  do  ho  ;  but  ho  would  ol>. 
serve  that  he  had  received  some  infonimtion 
from  a  respectable  source,  which  turned  Ihh  at- 
tention to  tho  very  signiilcant  expression  usid 
by  Mr.  MtmnHs  in  his  message  of  1822,  that  no 
Luro|)ean  Power  should  ever  be  permitted  to 
establish  a  colony  on  the  American  continent. 
He  had  no  doubt  that  attempts  would  be  niadv 
by  some  £uroi)ean  govermnent  to  obtain  a  ci's- 
sion  of  Texas  from  the  government  of  Mexico," 

Mr.  King,  of  Alabama,  counselled  moderation 
and  deliberation,  although  ho  was  aware  that  iji 
the  present  excited  feeling  in  relation  to  Texas 
every  prudent  and  cautious  course  would  be 
misunderstootl,  and  a  proper  reserve  be  probably 
construe*!  into  hostility  to  Texian  independence: 
but  ho  would,  so  long  as  ho  remained  a  member 
on  that  floor,  be  regardless  of  every  pi-rsonal 
consideration,  and  place  himself  in  opposition  to 
all  measures  which  he  conceived  were  calculattd 
to  detract  from  the  exalted  character  of  this 
country  for  good  faith,  and  for  undeviating  ad- 
herence to  all  its  treaty  stipulations.  He  then 
went  on  to  say  : 

"  He  knew  not  whether  the  information  re- 
ceived of  the  extraordinary  successes  of  the  Tex- 
ans  was  to  bo  relied  on  or  not ;  he  sincerely  I 
hoped  it  might  prove  tnic ;  no  man  here  felt  a  i 
deeper  detestation  of  the  bloodthirsty  wrctolns 
who  had  cruelly  butchered  their  defenceless 
prisoners,  than  ho  did ;  but,  whether  true  or  | 
false,  did  it  become  wise,  discreet,  prudent  men, 
bound  by  the  strongest  considerations  to  pre- 
serve the  honor  and  faith  of  the  country,  to  be  I 
hurried  along  by  the  effervescence  of  feeling, 
and  at  once  abandon  the  coursoj  and,  he  would 
say,  the  only  true  course,  which  this  government  I 
has  invariably,  heretofore,  pursued  towards  fo- 
reign powers  ?    We  have  uniformly  (said  Mr,  [ 
K.)  recognized  the  existing  governments- 
governments  de  facto;  we  have  not  stopped  to  I 
inquire  whether  it  is  a  despotic  or  constitutional  I 
government;  whether  it  is  a  republic  or  a  des- J 
potisui.     All  we  ask  is,  does  a  goverimient  actu- 
ally J'xist  ?  and,  Iraving  satisfied  ourselves  of  I 
that  fact,  we  look  no  further,  but  recognize  it  as  I 
it  is.     It  was  on  this  principle  (suid  Mr.  K.)-l 
tl.is  safe,  this  correct  principle,  that  we  recog-j 
nized  what  was  called  the  Republic  of  France,! 
founded  on  the  ruins  of  the  old  monarchy;  then,! 
the  consular  government ;  a  little  after,  the  ini-[ 
perial ;  and  when  that  was  crushed  by  a  combi- 
nalica  of  all  Europe,  and  that  extraordinarjj 
man  who  wielded  it  was  driven  into  exile,  ffd 
again  acknowledged  the  kingly  government  ofl 
tho  House  of  Bourbon,  and  now  the  constitU' 
tional  King  Louis  Philippe  of  Orleans. 


ANNO  1830.     ANDHKW  JACKSON,  TUESIDENT. 


667 


,of  th«t  she  had  cBtnhliHhea  a  rov. 
iu.re  wiTc  vicwH  connected  with 
he  w.mld  not  now  nresent  an  ,i 

„atnretodo8«5l>"t»'Vr'''\°'" 
had  received  some  jnforn.ation 

tal.le  sourcp,  which  turned  his  at- 

:  very  KiRniflcant  ^'^^'^U 
„e  in  his  niesHaKC  of  1H2-,  t  at  no 
,wer  should  ever  be  permitte.1 1„ 
olonyon  the  American  contiiKnt. 
oubl  that  attempts  would  he  mmle 
roi«an  Rovernment  to  ohtam  a  cl> 
H  from  the  government  of  Mexico,« 

of  Alabama,  counselled  moderation 
iti(m,  although  ho  was  aware  that  in 
excited  feeling  in  relation  to  Texas, 
cut  and  cautious  course  would  be 
3od  and  a  proper  reserve  be  probably 
nto  hostility  to  Texian  independence: 
lid  so  long  as  ho  remained  a  mcmUT 
oor  bo  regardless  of  every  personal 
on  'and  place  himself  in  opposition  to 
C9  which  he  conceived  were  calculated 
from  the  exalted  character  of  tEs 
ir  good  faith,  and  for  undcviating  ad- 
,  all  its  treaty  stipulations.    He  tkn 
o  say : 

,ew  not  whether  the  inforination  it- 
he  extraordinary  successes  of  the  fix- 
oSreliedonornot;hesmccrely 
Iht  prove  true;  no  man  here felU 
K  vtion  of  the  bloodthirsty  wretches 
cruelly  butchered  their  defenceless 
than  ho  did;  but,  whether  true  or 
lit  become  wise,  discreet,  prudent  men, 
'  the  suonpest  considerations  to  pn. 
honor  and  faith  of  the  country  to  k 
long  by  the  cllervescence  o   feel..?^ 
cc  abandon  the  course,  and,  he  vvo>,l 
' Tv  true  course,  which  this  governs 
Sv  heretofore,  pursued  towans  f>^ 
.ers?    We  have  uniformly  (said  Ir. 
ni^ed  the  existing  governmcnts-t  e 
nt^defado;  we  have  not  stopped  t 
i^^Hr  is  a  despotic  or  constitutional 
f  whether  ItTs  a  republic  era  des- 
Ali  ^e  ask  is,  does  a  government  actu-! 
T^n?!    iMvinc  satistted  ourselves  of 
Jo  olnT^Vr,  but  recognize  it. 

V  ^  tliia  nrinciple  (suid  Mr.  K.  - 

I  was  on  this  pr'."^'l",^  .    .        .„„o<,. 


n  la^  iu"'°  iuHp  after,  the  im- 


"Sir  (.said  Mr.  K.),  we  take  things  as  tliey 
ire ;  we  ask  not  how  governments  are  estab- 
lished— by  what  revoiiitioiiM  tliey  are  brought 
into  existence.  T^et  us  see  an  iiufependent  gov- 
(tniiient  in  Texas,  and  he  would  not  be  behind 
(lie  sciiiitor  from  Mississippi  nor  the  seniitor 
from  South  Carolina  in  pressing  forwanl  to  its 
ivcDKiiition,  and  establishing  with  it  the  most 
tiinliiil  and  friendly  relations." 

Mr.  Calhoun  went  beyond  all  other  speakers, 
anil  advocated  not  only  iniinediate  rccogniticm 
of  the  independence  of  Texas,  but  her  sinudta- 
ueoua  admission  into  the  Union ;  was  in  favor 
of  acting  on  both  questions  together,  and  at  tlio 
present  session ;  and  saw  an  interest  in  the  slave- 
holding  States  in  preventing  Texas  from  having 
the  power  to  annoy  them.     And  ho  said : 

"Ilowas  of  opinion  that  it  would  add  more 
jtrength  to  the  cause  of  Texas,  to  wait  for  a  few 
Jay8,  until  they  received  official  confirmation  of 
the  victory  and  capture  of  Santa  Anna,  in  order 
toobtain  a  more  unanimous  vote  in  favor  of  the 
recognition  of  Texas.  lie  ha<l  been  of  but  one 
opinion,  from  tho  beginning,  that,  so  far  from 
Mexico  being  able  to  reduce  Texas,  there  was 
freat  danger  of  Mexico,  herself,  being  conquered 
by  the  'J'exans.  The  result  of  one  battle  had 
placed  the  ruler  of  Mexico  in  the  |)ower  of  the 
lexans ;  and  they  were  now  ablCj  either  to  dic- 
tate what  terms  they  pleased  to  him,  or  to  make 
tirnis  with  tho  opposition  in  Mexico.  This  ex- 
traordinary meeting  had  given  a  handful  of  bravo 
men  a  most  powerful  control  over  the  destinies 
of  Mexico ;  he  trusted  they  would  use  their 
TOtory  with  moderation.  He  had  made  up  his 
mind  not  only  to  recognize  the  independence  of 
Texas,  but  for  her  admission  into  this  Union ;  and 
if  the  Texans  managed  their  affairs  prudently, 
ikey  would  soon  bo  called  upon  to  decide  that 
question.  No  man  could  suppose  for  a  moment 
tkt  that  country  could  ever  come  again  under 
|tlic  dominion  of  Mexico  ;  and  he  was  of  opinion 
[that  it  was  not  for  our  interests  that  there 
ihould  be  an  independent  community  between 
and  Mexico.  There  were  powerful  reasons 
hy  Texas  should  be  a  part  of  this  Union.  The 
luthem  States,  owning  a  slave  population,  were 
leeply  interested  in  preventing  that  country 
m  having  the  power  to  annoy  them ;  and  the 
ivipiting  and  manufacturing  interests  of  the 
Sorthand  the  East  were  equally  interested  in 
ing  it  a  part  of  this  Union.  lie  thought 
y  would  soon  be  called  on  to  decide  these 
laestions  5  and  when  they  did  act  on  it,  he  was 
(acting  on  both  together — for  recognizing  the 
lependencc  of  Texas,  and  for  admitting  her 
ito  the  Union.  Though  he  felt  the  deepest  so- 
tiule  on  this  subject,  be  was  for  acting  calmly, 


J  wie 
know 


liberatcly,  and  cautiously,  but  at  the  same 

with  decision  and  firmness.    They  should 

t  violate  their  neutrality ;  but  when  they 

[ere  once  satisfied  that  Texas  bad  established 


a  government,  the}'  should  do  as  they  hail  done 
in  nil  other  similar  oases :  recognize  her  ns  an 
in«le|H'iident  nation  ;  and  if  her  people,  who  wei-o 
once  citizens  of  this  Uepiiblic,  wished  to  couio 
buck  to  us,  he  would  receive  lliem  with  open 
arms.  If  events  should  goon  as  they  hud  done, 
he  couM  not  br.t  hope  that,  before  the  close  of 
the  p-esent  session  of  Congress,  they  woiibl  not 
only  acknowledgf)  tho  in(lej»endeiiee  of  Texas, 
but  admit  her  into  tho  Union.  He  hoped  there 
would  bo  no  unnecessary  delay,  for,  in  such 
cases,  delays  were  dangerous ;  but  that  (hey 
would  act  with  unanimity,  and  act  promptly." 

Tho  author  of  this  View  did  not  reply  to  Mr. 
Calhoun,  being  then  on  ill  terms  with  him  ;  but 
ho  saw  in  the  speech  much  to  be  considered  and 
remembered — tho  shadowings  forth  of  coming 
events ;  the  revelation  of  a  new  theatre  for  tho 
slavery  agitation;  and  a  design  to  make  tho 
Texas  question  an  element  in  the  impending 
election.  Mr.  Calhoun  had  been  one  of  Mr.  Mon- 
roe's cabinet,  at  the  time  that  Texas  was  ceded 
to  Spain,  and  for  reasons  (as  Mr.  Monroe  stated 
to  General  Jackson,  in  the  private  letter  hereto- 
fore quoted)  of  internal  policy  and  considera- 
tion; that  is  to  say,  to  conciliate  the  free  States, 
by  amputating  slave  territory,  and  preventing 
their  opposition  to  future  Southern  presidential 
candidates.  He  did  not  use  those  precise  words, 
but  that  was  the  meaning  of  the  words  used. 
The  cession  of  Texas  was  made  in  the  crisis  of 
the  Missouri  controversy  ;  and  both  Mr.  Mon- 
roe and  Mr.  Calhoun  received  the  benefit  of 
the  conciliation  it  produced :  Mr.  Monroe  in  the 
re-election,  almost  unanimous,  of  1820  ;  and  Mr. 
Calhoun  in  the  vice-presidential  elections  of 
1824  and  1828 ;  in  which  he  was  so  much  a 
favorite  of  the  North  as  to  get  more  votes  than 
Mr.  Adams  received  in  the  free  States,  and  owed 
to  them  his  honorable  election  by  the  people, 
when  all  others  were  defeated,  on  the  popular 
vote.  Their  justification  (that  of  Mr.  Monroe's 
cabinet)  for  this  cession  of  a  great  province, 
was,  that  the  loss  was  temporary — "that  it 
could  be  got  back  again  whenever  it  was  want- 
ed " — but  the  victory  of  San  Jacinto  was  hardly 
foreseen  at  that  time.  It  was  these  reasons 
(Northern  conciliation,  and  getting  it  back  when 
we  pleased)  that  reconciled  General  Jackson 
to  the  cession,  at  the  tiu.e  it  was  made.  One 
of  the  foremost  to  give  away  Texas,  Mr.  Cal- 
houn was  the  very  foremost  to  get  her  back ; 
and  at  an  immense  cost  to  our  foreign  relations 
and  domestic  peace.    The  immediate  admission 


■■>'■  V. 


r; 


ml 


668 


THIRTY  YKARH'  VIRW. 


mm 


mWr. 


uf  TcxuM  into  tho  Union,  wiin  liiH  plan.  Slio 
was  lit  war  with  Mi-xico — wc  at  jK'aci' :  to  in- 
rorporatc  lii-r  into  thu  Union,  was  to  adopt  liur 
war.  We  hud  tivatii's  of  amity  with  Mi>xico: 
to  join  Ti'xas  in  tin*  war,  was  to  Ik>  faithlcHS  to 
those  tivaticH.  We  had  a  pivnidrntial  iK-clion 
«U<|i«.>ndin(; ;  and  to  dittcusH  tho  (piesticin  of  Toxian 
admiHsiod  into  our  Union,  wiut  to  hrin^  thatcle- 
mi'nt  int<»  the  cn;ivaH>»,  in  which  nil  prudent  men 
who  woro  advoPHc  to  tho  afltnirtwion  (as  Mr. 
Van  Itiiren  an<l  his  friends  were),  would  he 
thrown  under  the  force  of  an  innnenHo  popular 
current ;  while  all  that  were  in  favor  of  it 
would  exiK.ct  to  swim  hi(;h  upon  tho  waves  of 
that  current.  The  proposition  was  incredihly 
mail,  tending  to  involve  us  in  war  and  dishonor; 
and  also  disrespectful  to  'J'exaH  herself,  who  had 
not  asked  for  admission ;  and  extravagantly 
hasty,  in  being  hronched  before  there  was  any 
ofUcial  news  of  tho  great  victory.  IJefore  the 
debate  was  over,  tho  author  of  this  View  took 
on  opportunity  to  reply,  withont  reference  to 
other  speakers,  and  to  give  reasons  against  the 
present  admission  of  Texas.  Hut  there  was 
one  of  Mr.  Calhoun's  reasons  for  immediate  ad- 
mission, which  to  him  was  enigmatical,  and  at 
that  time,  incomprehensible;  and  that  was,  the 
prevention  of  Texas  "from  having  the  jiowor  to 
annoy"  the  Southern  slave  States.  Wo  had 
just  been  employed  in  suppressing,  or  explod- 
ing, this  unnoyanco,  in  tho  Northeast ;  and,  in 
tho  twinkling  of  an  eye,  it  sj)rung  up  in  the 
Southwest,  two  thousand  miles  off,  and  quite 
diagonally  from  its  late  point  of  apparition. 
That  sudden  and  so  ilistant  rc-appcaranco  of  the 
danger,  was  a  puzzle,  remaining  unsolved  until 
the  Tyler  administration,  and  tho  return  of  Mr. 
Duff  Green  from  London,  with  tho  discovery 
of  the  British  abolition  plot ;  which  was  to  bo 
planted  in  Texas,  spread  into  the  South,  and 
blow  up  its  slavery.  Mr.  Bedford  Brown,  and 
others,  answered  Mr.  Calhoun.  Mr.  Brown 
said: 

"  He  regarded  our  national  character  as  worth 
infinitely  more  than  all  tho  territoria'  posses- 
sions of  Mexico,  her  wealth,  or  the  wealth  of  all 
other  nations  added  together.  We  occupied  a 
standing  among  tho  nations  of  the  earth,  of 
which  wo  might  well  lie  proud,  and  which  wc 
ought  not  to  permit  to  be  tarnished.  We  have, 
said  Mr.  B.,  arrived  at  that  jjcriod  of  our  history, 
OS  a  nation,  when  it  behooves  us  to  act  with  the 
greatest  wisdom  and  circumspection.  But  a  few 
years  since  as  a  nation,  we  were  comparatively 


in  a  state  of  infancy ;  we  wen?  now,  in  tho  rem. 
flflencf  of  yoiidi,  and  with  vhc  buoyancy  of  spirit 
incident  to  this  |iciiod  of  onr  cxiNtcnci'  n"  n  nii 
tion,  about  t"  enter  on 'niiui's  estate'     Power. 
ful  in  resoui-ces,  and  conscious  of  our  stuii^'th 
let  us  not  forget  the  siicrcd  obligations  dl' ji|..  i 
tice  and  gond  faitli,  which  form  tin-  in<lispi'i|.||. 
ble  basis  of  .i  imtion's  cliiiriictcr-~f!:rratiu's>i  iii|,|  I 
freedom;  and  without  which,  no  pcopji'  ihhIi 
long  iireserve  the  bleHsings  of  seli-govcmiiiiiii 
i{e|)ubli(;an  govermnent  was  iiased  on  the  imn. 
ciplcs  of  just'ce  ;  and  for  it  to  be  aihuiiiistnn 
rMi  any  other,  either  in  its  foreign  or  domci 
nilairs,  was  to  undermine  its  foun<lation  and  t„| 
hasten  its  overthrow." 

Mr.  Uives  concurred  in  the  necessity  for  can. 
tion  ;  and  said  : 

"This  government  should  act  with  ni(Mlir:|.| 
tion,  calmness,  and  dignity  ;  and,  licciniM' 
wished  the  Senate  to  act  with  that  IktoiiiIh;! 
moderation,  calmness,  and  dignity,  which  (iiii;|it| 
to  characterize  its  <leliberations  on  interiiatiomlj 
subjects,  it  was  his  wish  that  the  subjccl  initlJ 
1k'  referred.  If  it  was  jiostponcd,  it  would  n'wA 
up  again  for  discussion,  from  mornin;.'  to  iiiiirii.[ 
ing,  to  the  exclusion  of  most  of  tlie  ImsiiKMl 
of  tho  Senate,  lus  there  was  nothing  to  priKiii| 
the  presentation  of  petitions  every  nioiniiij;, t,, 
excite  discussion.  It  was  for  the  imijio-.  nfl 
avoiding  these  discussions,  that  he  slwnild  Kit/ 
to  refer  it  at  once  to  the  (.'ommittee  on  Vutvki 
Relations.  A  prominent  member  of  ihut  (■(,;l|^ 
mittee  had  been  long  and  intinuitely  a('i{iijiiiiii. 
with  the  subject  of  our  foieign  relatinn*, ,iii| 
there  were  members  on  it  representiii;;  nil  thj 
dilleren*  sections  of  the  country,  to  whose  clmrj 
he  believed  the  subject  coidd  bo  safely  ('oiiiiiiitf 
ted.  It  woidd  seem,  from  the  course  of  (Mm 
this  morning,  that  gentlemen  supposed  tlitM|iioj{ 
ti(m  of  the  recognition  of  the  independiiKv 
Texas,  or  its  admission  into  this  I'ninn,  wnm 
rectly  before  the  Senate ;  and  sonic  gcntlcraf^ 
had  volunteered  their  opinions  in  advaiuvofilii 
icport  of  the  committee.  lie  did  not  vote  J 
refer  it  to  the  committee  to  receive  lis  qiiktiH 
but  that  they  might  give  their  views  iipon  itl 
nor  di<l  ho  feel  as  if  ho  were  called  upon  toes 
press  an  o])inion  upon  the  propriety  of  tlif  inei 
.sure.  It  was  strange  that  senators,  wiiustatd 
that  th''r  opinions  were  made  up,  sliuuid  oij 
pose  the  reference." 

Mr.  Nilcs,  of  Connecticut,  was  entirely  i| 
favor  of  preserving  the  national  faith  inviolat^ 
and  its  honor  untarnished,  and  ourselves  froJ 
the  imputation  of  base  motives  in  our  fntiiij 
conduct  in  relation  to  Texas,  and  said: 

"  This  was  a  case  in  which  this  govcnnnoj 
shotdd  act  with  cauticm.     In  ordinary  ra>(ff 
this  kind  the  question  was  only  one  of  faot.i 
was  but  little  calculated  to  coniproinit  tla'  | 
terests  or  honor  of  the  United  States;  l)ut  ( 


Hi 


ANNO  18:irt.     ANDIIKW  JACKSON,  I'KKSIDKNT. 


669 


r  innuH-y  5  wc  wt-n-  now,  in  ilu.  r..,,. 
L  II..  unci  with  ilu.|.u.;.viin.7"'^l'"-'i 
HuHVri...lnf..ur.-NM.'...T.Ya,n. 

,,,.,-.  iiiul  .-..UH.MouK  ol  ..nr  Mwmk 
';      ',  ,hr  .lu'ml  ..l.l.jrutwM.s  ol  J.J 
,H.H.utl.,  which  luriM  tl.r  M.hH,,.,,-, 
r.i,mli.m's.-h..r«rt..r-rivut.u.>.,u,l 

Ul.l   without  Whi.-h.  I...   |..'0|.i ,1, 

■ve  the  l.U'KHinit«  of  Hi'i;-H..v.'rnin.  i„, 
,  UoviTumout  wiiK  h,u*oa  on  llu;  !«. 
mti.r;  an-Hof  it  t-.  be  .uiin.mM.,..l 
l„.r  oithor  ii.  itH  foiriiii.  or  .lom.-i 
i  to  mxlennino  its  foumlntion  iin.li„| 

overthrow." 

res  concurrc.i  In  the  ncccHsity  f-r  ca„. 

i  sni<l : 

eovenimcnt  shonhl  act  with  ..WHlm-l 

"senate  f.  net  with  that  hecrni,,. 
on  etthnnesH,«n(l.lipn.ty,wn.l,o.,,l„l 
l"ri/.e  itH  .leliherationrt  on  n.termituml 

it  was  hiK  wish  that  the  m.hjer    ,n;L.!a 
,.d     lfitwaHi.oHti.one(l,itw(.ulil(Mm' 

for.V.HC..sHion.fromn.on.m:.'ton,nr„. 

he  exeh.8i«n  of  nu.st  ..f  the  hunnus 

ille,a8the.^«wasn..th.nM<'I'.'H 
cVuatim  of  ^titions  every  n.onnn,,t. 

It  was  for  the  imii"'^'  'fl 


i'n;;"iXc,;;i^;s,tb«t.i«-i'<f- 

Uatoneetot^K.l•omnutfeeon^nnr 
'h  a  prominent  member  ol  llmt  o. 
all  been  h.n- and  intimately  ac;|uim.i, 
rsnbi'-ct  .rf  our  foreign  re  at-nn.. 
ore  minbers  o„  it  represent.,.:,'  a  1 1 
'  sectiouR  of  the  country,  to  whose .!.« 
:v^lthes..bjectconhn.es.ifely.;.™n: 
vo.ihUeem,  from  the  c(n.rseo.W.ti 
,  i, -th.it penth...ens..pp«.se.lt.cM|i.(. 

,r  Us  aainission  iuto  this  1-.. ion,  wa>r 
eforeu'c  Senate;  ami  s..n,e^nM.tk™. 
m.teere.1  their  opinions  m  lulvamvoftl 
^the  committee.     lie  di.l  not  .„.., 
o    hceommittectorece.ve.ls.i,..d 
t  t.evmiiiht  Rive  their  v.ewsuiionit 
he  eel  n^  if  !>"  were  cvlle.l  upo..  t«  « 
n^nIni>^.pou  the  propriety  of  tl.e.r 
Ttias  strange  that  Hc.uitor,vvl.uta 
!;r  opinions  were  made  up,  sl.oi.ia  o; 
[c  reference." 

InUc*    of  Connecticut,  was  cntin'ly  i 
•pres'crvinK  the  national  faith  i..v,«lal 

honor  untarnished,  and  ourselves  f« 
.ntation  of  base  motives  in  o.ir  im 
in  relation  to  Texas,  and  said: 

L  was  a  case  in  which  this  ^'ovcrmni 

facl with  cmtion.     In  oidnuu-y  ^j 
Id  the  question  was  only  one  of  fa  ^.j 

it  little  calculated  to  comp.on.it  th  H 
lor  honor  of  the  United  States  ..but 


niu'Htion  in  n'pnrd   to  Texan  wan  very  different, 

,ii(l  vastly  n.oi.'  iii.|Mirti.i.t.     That  is  a  roiiiitry 

im  our  own  borderM,  and  its  ii.habitni.ts,  most 

nf  then.,  einijjrai.tM  IVoni  the   I'liitid  States; 

mill  n.oNt   of  the  brave  men   eoi.Htitutii.K   its 

army,  who  are  ho  heroically  ll(;htii.;r  to  redeem 

tlir'provii.ec,  are  riti/.ei.n  of  the  rniti'd  StatcH, 

1  ,rho  have  ciijtap'd  in  thin  Inild  enterprine  iih  vo- 

|iinlee.s.     Were  this  ^overniiu'nt  to  be  precipi- 

i;ite  ii.   aeknowledmin^    the    independence   of 

Tixas,  iiiinht  it  not  be  expoiicd  to  a  H.ispicion 

|,f  havi.i)?  eneo.iraned  these  entei'priscM  of  its 

citir.e..s?     There  is  nnolher  coi.Mideiation  of 

liiiore  in.poilance.     Should  the  inde[)endeneo  of 

Texas   be   followed  by   its  annexation  to   the 

Tnited  Stall's,  the  reasons  for  suspicions  dero- 

L,;,t(iry   to   the    national    fiiilh    n.i;tht  Ih>   still 

.trdnpT.     If  we.  by  o.ir  own  act,  contribute  to 

rlntl.e  the  constituted  a.ithoiitieH  of  the  pro- 

iTiiiee  with  the  power  of  sovereign. ty  over  it, 

I iml  then  accept  a  cession  of  the  co.inli-y  from 

ilhtise  aiithoritU's,  mijiht  tl.eie  not  be  son.e  rea- 

Lin  to  ciiaiye  us  with  havi..-;  recoRnizcMl  the 

niiepcndeuco  of  the  co.inlry  as  a  n.eiu.s  of  jjelt  in^ 

IjHihiwsHion  of  it  ?     These  a..d  other  eonsidera- 

tioiis  ri'(p.ire  that  this  nove.iii.iei.t  should  act 

Uith  caution  ;  yet,  whe.i  tl.«'  pioper  time  arrives 

lit  will  be  our  duty  to  act,  and  to  net  pr<imptly. 

iBut  he  trusted  that  all  would  feel  the  in.por- 

lUncu  of  p.'eservii.(>;  the  national  faith  and  na- 

lliiiiii.1  honor.     They  should  not  only  be  kept 

Imiv,  but  free  fro...  i..jurio.is  s.iHpicions,  beinj; 

Liri' to  be  pi'ized  than  111.3'  extc.sion  of  terri- 

Lrv,  wealth,  j)oi».ilati<m,  or  other  ac.piisition, 

Ifliich  enters  into  the  elements  of  national  pros- 

Liity  or  power." 


Tlie  vai'ious  memorlftls  were  referred  to  the 

jtoramittee  on  foreign  relations,  consisting  of  Mr. 

jciay,  Mr.  King  of  Georgia,  Mr.  Talhnadge,  Mr. 

fclanj];iini,  and  Mr.  Porter  of  Louisiana;  which 

Mwrted  early,  and  nnaniinously,  in  favor  of  the 

Kognition  of  the  independence  of   Texas,  as 

oon  as  satisfactory  information  should  be  re- 

Kivcd,  showing  that  she  had  a  civil  government 

[operation  capable  of  performing  the  duties 

Bid  fulfilling    the    obligations  of   a  civilized 

[ower.    In  the  report  which  accompanied  the 

Solution,  its  author,  Mr.  Clay,  said : 

I  'Sentiments  of  sympathy  and  devotion  to 
■vil  liberty,  which  have  always  animated  the 
topic  of  the  United  States,  have  prompted  the 
iJoption  of  the  resolution,  and  other  manifes- 
Btinns  of  popular  feeling  \\hich  have  been 
prred  to  the  committee,  recommending  an  ac- 
pwledginent  of  the  independence  of  Texas. 
Ill' committee  shares  fully  in  all  these  senti- 
■ents;  but  a  wise  and  prudent  government 
Tioiild  not  act  solely  on  the  impulse  of  feeling, 
lowever  natural  and  laudable  it  may  lie.  it 
Vt  to  avoid  all  precipitation,  and  not  adopt  so 


grave  a  meaH.ire  as  that  of  recognizing  the  ind«». 
pei.denr«>  of  a  new  IN  .ver,  u.ttii  it  has  xatisfac- 
tory  info.iiialion,  and  bus  f.liy  delilHTated. 

"  'I'he  eoininittee  has  no  inforn.ation  reH|ii-cting 
the  recent  n.oven.ents  in  Texas,  except  such  ax 
is  derived  f.oin  the  p.iblii  prints.  According 
to  that,  the  war  broke  ont  in  fixas  Inst  aiit.imn. 
Its  profcHsed  object,  like  that  of  o.ir  revolution- 
ary contest  in  the  con.i.ieiicement,  was  not 
separation  and  ii.ilepe.idei.ce,  but  a  red.ess  of 
gr.evances.  I.i  March  last,  iiir!e|iendence  wiiH 
proclaimed,  and  a  conslitntion  and  fori.,  of  gov- 
ernn.ent  weii'  established.  No  means  of  ascer- 
taining acc.rately  the  exact  anionnl  of  the 
population  of  Texas  are  at  the  coi..ina..d  of  Ihu 
comn.ittee.  It  has  been  estimated  at  some  nixty 
or  seventy  thcisand  so.. Is.  Nor  are  the  jincise 
limits  of  the  muntry  which  passes  ..nder  tl.u 
denon.ination  of  Texas  k..own  to  the  comn.ittee. 
They  a.e  probably  not  clearly  detlned,  but  they 
are  supposed  to  be  extensive,  a.. <1  sii  (lieieiil  ly  la.ge, 
when  |K'opled,  to  foi-m  a  respectable  I'ower." 

Mr.  Southard  concurred  in  the  views  and  con- 
clusi(m  of  the  report,  but  desired  to  say  a  few 
wonls  in  reply  to  that  part  of  Mr.  Callioun's 
speech  which  looked  to  ihe  '•  balance  of  power, 
and  the  pei'iM-tuation  of  our  instit.itions,"  as  a 
reason  for  the  speedy  admission  of  Texas  into 
the  Union,  and  said : 

"I  should  not  have  risen  to  express  theso 
notions,  if  I  had  not  understood  the  Senator 
from  South  Carolina  [Mr.  Calhoun]  to  declare 
that  lie  regarded  the  acknowledgment  of  the  i.i- 
depence  of  Texas  as  important,  an<l  principally 
important,  because  it  prepared  ti.e  way  for  the 
speedy  admission  of  that  State  as  a  i.iember  of 
o.ir  Union;  and  that  he  looked  anxiously  to 
that  event,  its  conducing  to  a  pi'oper  bijlance  of 
power,  and  to  the  pt^rpetuation  of  onr  institu- 
tions. 1  am  not  now,  sir,  jireparerl  to  express 
an  opinion  on  that  question — a  question  which 
all  must  foresee  will  embrace  interests  as  h  ide 
as  our  Union,  and  as  lasting  in  their  consequen- 
ces as  the  fieedom  which  o.ir  institutions  secure. 
When  it  shall  Ix;  necessarily  presented  to  me,  I 
shidl  endeavor  to  meet  it  in  a  manner  s.iitable 
to  its  magnitude,  and  to  the  vital  interests  which 
it  involves  ;  but  I  will  not,  on  the  present  reso- 
lution, anticipate  it ;  nor  can  I  permit  an  inference, 
as  to  my  decision  upon  it,  to  be  drawn  from 
the  vote  which  I  now  give.  That  vote  is  upon 
this  resolution  alone,  and  confined  to  it,  founded 
upon  principles  sustained  by  the  laws  of  na- 
tions, upon  the  unvarying  practice  of  our  gov- 
ernment, and  upon  the  facts  as  they  are  now 
known  to  exist.  It  relates  to  the  independence 
of  Texas,  not  to  the  admission  of  Texas  into 
this  Union.  The  achieve.nent  of  the  one,  at  the 
proper  time,  may  bo  justified ;  the  other  may 
be  found  to  be  oppcsed  by  the  liigliest  and 
strongest  considerations  of  interest  and  duty. 
I  discuss  neither  at  this  time ;  nor  am  I  willing 


/i 


670 


THIRTY  YEARS'  VIEW. 


f::\ 


:M£f 


SI'"' 


W^>m\})i 


that  the  remarks  of  the  senator  should  lead,  in 
or  out  of  this  chamber,  to  the  inference  that  all 
those  who  vote  for  the  resolution  concur  with 
him  in  opinion.  The  question  which  he  has 
started  should  be  left  perfectly  open  and  free." 

The  vote  in  favor  of  the  Resolution  re- 
ported by  Mr.  Clay  was  unanimous — 39  senators 
present  and  voting.  In  the  House  of  Repre- 
sentatives a  similar  resolution  was  reported 
from  the  House  Committee  of  foreign  relations, 
Mr.  John  Y.  Mason,  of  Virginia,  chairman ;  aad 
adopted  by  a  vote  of  113  to  22.  The  nays 
were:  Messrs.  John  Qumcy  Adams,  Heman 
Allen,  Jeremiah  Bailey,  Andrew  Beaumont, 
James  W.  Bouldin,  William  Clark,  Walter 
Coles,  Edward  Darlington,  George  Grennell,  jr., 
Hiland  li'all,  Abner  Hazeltine,  William  Hiester, 
Abbott  Lawrence,  Levi  Lincoln,  Thomas  C. 
Love,  John  J.  Milligun,  Dutee  J.  Pearce,  Ste- 
phen C.  Phillips,  David  Potts,  jr.,  John  Reed, 
David  Russell,  William  Slade. 

It  is  remarkable  that  in  the  progress  of  this 
Texas  question  both  Mr.  Adams  and  M".  Cal- 
houn reversed  their  positions — the  former  being 
against,  and  the  latter  in  favor,  of  its  alienation 
in  1819 ;  the  former  being  against,  and  the 
latter  in  favor  of  its  recovery  in  1836 — '44. — Mr. 
Benton  was  the  lust  speaker  in  the  Senate  in 
favor  of  the  recognition  of  independence ;  and 
his  speech  being  the  most  full  and  carefully 
historical  of  any  one  delivered,  it  is  presented 
entire  in  the  next  chapter ;  and,  it  is  believed, 
that  in  going  more  fully  than  other  speakers  did 
into  the  origin  and  events  of  the  Texas  Revolu- 
tion, it  will  give  a  fair  and  condensed  view  of  that 
remarkable  event,  so  interesting  to  the  American 
people. 


CHAPTER    CXLV. 

!ra:XAS  INDEPENDENCE— MR.  BENTON'S  SPEECH. 

'  Mr.  Benton  rose  and  said  he  should  confine 
himself  strictly  to  the  proposition  presented  in 
the  resolution,  and  should  not  complicate  the 
practical  question  of  recognition  with  specula- 
tions on  the  future  fate  of  Texas.  Such  specu- 
lations could  have  no  good  effect  upon  either  of 
the  countries  interested;  upon  Mexico,  Texas, 
or  the  United  States.  Texas  has  not  asked  for 
kdmission  into  this  Union.    Her  independence 


is  still  contested  by  Mexico.  Her  boundaries 
and  other  important  points  in  her  political  con- 
dition, are  not  yet  adjusted.  To  discuss  tlie 
question  of  her  admission  into  ^his  Union,  under 
these  circumstances,  is  to  treat  her  with  disre- 
spect, to  embroil  ourselves  with  Mexico,  to  com- 
promise the  disinterestedness  of  our  motives  in 
the  eyes  of  Europe ;  and  to  start  among  ourselves 
prematurely,  and  without  reason,  a  question 
which,  whenever  it  comes,  cannot  be  without 
its  own  intrinsic  difficulties  and  perplexities. 

"  Siiice  the  three  months  that  the  affairs  of 
Texas  have  been  the  subject  of  repeated  discus- 
sio  1  in  this  chamber,  I  have  imposed  on  myself 
a  reserve,  not  the  effect  of  want  of  feeling,  but 
the  effect  of  strong  feeling,  and  some  judgment 
combined,  which  has  not  permitted  me  to  give 
utterance  to  the  general  expression  of  my  sen- 
timents.   Once  only  have  I  spoken,  and  that  at  1 
the  most  critical  moment  of  the  contest,  and  i 
when  the  reported  advance  of  the  Jlexicans 
upon  Nacogdoches,  and  the  actual  movement  of 
General  Gaines  and  our  own  troops  in  tliat  di- 
rection, gave  reason  to  apprehend  the  encounter  I 
of  flags,  or  the  collision  of  arms,  which  migiit 
compromise  individuals  or  endanger  the  peace 
of  nations.    It  was  then  that  I  used  those  words  I 
not  entitely  enigmatical,  and  which  have  since 
been  repeatea  by  some,  without  the  prefix  of  I 
their  importan  I  ,  'ilifications,  namely;  that  while  I 
neutrality  was  the  obvious  line  of  our  duty  and! 
of  our  interest,  yet  there  might  be  emergencies  | 
in  which  the  obligatirn  of  duty  could  have  nol 
force,  and  the  calculations  of  interest  could  havel 
no  place ;  when,  in  fact,  a  man  should  have  nol 
head  to  think !  nothing  but  a  heart  to  feol !  a:id| 
an  arm  to  strike !  and  I  illustrated  this  senli-l 
ment.    It  was  after  the  affair  of  Goliad,  and  thai 
iti  puted  order  to  unpeople  the  coujitry,  withj 
the  supposititious  case  of  prisoners  assassinated, 
women  violated,  and  children  slaughtered ;  ani^ 
these  horrors  to  be  perpetrated  in  the  preseuci 
or  hearing  of  an  American  army.   In  such  a  casd 
I  declared  it  to  be  my  sentiment — and  I  now  r 
peat  it,  for  I  feel  it  to  be  in  me — in  such  a  cassj 
I  declared  it  to  be  my  sentiment,  that  tieatiej 
were  nothing,  books  were  nothing,  laws  werj 
nothing !  that  the  paramount  law  of  God  an| 
riBture  was  every  thing !  and  that  the  Americi 
soldier,  hearing  t'.ie  cries  of  helplessness  an| 
weakness,  and  remembering  only  that  he  was  | 
man,  and  born  of  woman,  and  the  father  of  ch 


ANNO  1836.    ANDREW  JACKSON,  PRESIDENT. 


671 


ited  by  Mexico.    Her  boundaries, 
jortant  points  in  her  political  con- 
ot  yet  adjusted.    To  discuss  the 
iv  admission  into  .his  Union,  under 
jtances,  is  to  treat  her  with  diare- 
,roil  ourselves  with  Mexico,  to  com- 
disintcrestedness  of  our  motives  in 
luropc ;  and  to  start  among  ourselves 
and  without  reason,  a  question 
never  it  comes,  cannot  be  without 
insic  difficulties  and  perplexities, 
^e  three  months  that  the  affairs  ot 
been  the  subject  of  repeated  discus- 
chamber,  I  have  imposed  on  myself 
lot  the  effect  of  want  of  feeling,  kit 
,f  stron"  feeling,  and  some  judgment 
which  has  not  permitted  me  to  give 
to  the  general  expression  of  my  sen- 
Once  only  have  I  spoken,  and  that  at 
critical  moment  of  the  contest,  and 
reported  advance  of  the  Mexicans 
,<rdoches,  and  the  actual  movement  of 
laincs  and  our  own  troops  in  that  di- 
ave  reason  to  apprehend  the  encounter 
,r  the  collision  of  arms,  which  miglit 
ise  individuals  or  endanger  the  peace 
=    It  was  then  that  I  used  those  words, 
ly  enigmatical,  and  which  have  since 
ated  by  some,  without  the  prefix  ot 
ortan  i      uUfications,  namely;  that  wliile ! 
was  the  obvious  line  of  our  duty  and 
terest  yet  there  might  be  emergencies 
the  o'bUgatirn  of  duty  could  have  no 

the  calculations  of  interest  could  have 
:  when,  in  fa^t,  a  man  should  have  no 
?hink !  nothing  but  a  heart  to  fc-)l !  and 

o  strike!  and  I  illustrated  this  senli- 

t  was  after  the  affair  of  Goliad,  and  tlij 

order  to  unpeople  the  coujitry,  wiif 

)sititious  case  of  prisoners  assassmale, 

iolated,  and  children  slaughtered;  ani 

rrors  to  be  perpetrated  in  the  presenc 

K  of  an  American  army.  Insuchaca. 

dittobemysentiment-andlnow 
•orlfeelittobeinme-uisuchacasi 
led  it  to  be  my  sentiment,  that  tieatii 

thing,  books  were  nothing,  laws  w 

that  the  paramount  law  0^  God  ani 

as  every  thing  I  and  that  the  Amcrr 

hearing  t'.ie  cries  of  helplessness  an( 

sand  remembering  only  that  be  yaj 

bom  of  woman,  and  the  father  of  ct 


dren,  should  fly  to  the  rescue,  and  strike  to  pre- 
vent the  perpetration  of  crimes  which  shock  Im- 
munity and  dishonor  the  age.    I  uttered  this 
sentiment  not  upon  impulsion,  but  with  consid- 
eration ;  not  for  theatrical  effect,  but  as  a  rule 
for  action ;  not  as  vague  declamation,  but  with 
an  eye  to  possible  or  probable  events,  and  with  a 
view  to  the  public  justification  of  General  Gaines 
and  his  men,  if,  under  circumstances  appalling 
to  humanity,  they  should  nobly  resolve  to  obey 
the  impulsions  of  the  heart  instead  of  coldly  con- 
sulting the  musty  leaves  of  books  and  treaties. 
"  Beyond  this  I  did  not  go,  and,  except  in  this 
Instance,  I  do  not  speak.    Duty  and  interest 
prescribed  to  the  United  States  a  rigorous  neu- 
trality ;  and  this  condition  she  has  faitlifully  ful- 
filled.   Our  young  men  have  gone  to  Texas  to 
fight ;  but  they  have  gone  without  the  sanction 
of  the  laws,  and  against  the  orders  of  the  Gov- 
ernment.   They  have  ^  one  upon  that  impulsion 
which,  in  all  time,  has  carried  the  heroic  youth 
of  all  ages  to  seek  renown  in  the  perils  and  glo- 
ries of  distant  war.    Our  foreign  enlistment  law 
is  not  repealed.    Unlike  England,  in  the  civil 
nr  now  raging  in  Spain,  we  have  not  licensed 
Interference  by  repealing  our  penalties :  we  have 
not  stimulated  action  by  withdrawing  obsta- 
■ips-    No  member  of  our  Congress,  like  General 


■e; 


m. 

Evans  in  the  British  Parliament,  has  left  his 
scat  to  levy  troops  in  the  streets  of  the  metrop- 
olis, and  to  lead  them  to  battle  and  to  victory  in 
the  land  torn  by  civil  discord.  Our  statute 
jgainst  armaments  to  invade  friendly  powers  is 
in  full  force.  Proclamations  have  attested  our 
neutral  dispositions.  Prosecutions  have  been 
[ordered  against  violators  of  law.  A  naval  force 
[in  the  gulf,  and  a  land  force  on  the  Sabine,  have 
leen  directed  to  enforce  the  policy  of  the  gov- 
ernment ;  and  so  far  as  acts  have  gone,  the  ad- 
mtj^e  has  been  on  the  side  of  Mexico;  for 
Ithe  Texian  armed  schooner  Invincible  has  been 
brought  into  an  American  port  by  an  American 
of  war.  If  parties  and  individuals  still  go 
|to  Texas  to  fight,  the  act  is  particular,  not  na- 
tional, compromising  none  but  the  parties  them- 
tlves,  and  may  take  place  on  one  side  as  well 
on  the  other.  The  conduct  of  the  administra- 
^on  has  been  strictly  neutral ;  and,  as  a  friend 
that  administration,  and  from  my  own  con- 
lictions,  I  have  conformed  to  its  policy,  avoid- 
ig  the  language  which  would  irritate,  and  op- 
iing  the  acts  which  might  interrupt  pacific 


and  commercial  communications.   Mexico  is  our 
nearest  neighbor,  dividing  with  us  the  continent 
of  North  America,  and  possessing  the  elements 
of  a  great  power.    Our  boundaries  are  co-ter- 
minous  for  more  than  two  thousand  miles.   We 
have  inland  and  maritime  commerce.    She  has 
mines ;  we  have  ships.    General  considerations 
impose  upon  each  power  the  duties  of  reciprocal 
friendship ;  especial  inducements  invite  us  to 
uninterrupted  couiu  ercial  intercourse.     As  a 
western  senator,  coming  from  the  banks  of  the 
Mississippi,  and  from  the  State  of  Missouri,  I 
cannot  be  blind  to  the  consequences  of  inter- 
rupting that  double  line  of  inland  and  maritime 
commerce,  which,  stretching  to  the  mines  of 
Mexico,  brings  back  the  perennial  supply  of 
solid  money  which  enriches  the  interior,  and 
enables  New  Orleans  to  purchase  the  vast  accu- 
mulation of  agricultural  produce  of  which  she 
is  the  emporium.    Wonderful  are  the  workings 
of  commerce,  and  more  apt  to  find  out  its  own 
proper  channels  by  its  own  operations  than  to 
be  guided  into  them  by  the  hand  of  legislation. 
New  Orleans  now  is  what  the  Havana  once  was 
— the  entrepot  of  the  Mexican  trade,  and  the 
recipient  of  its  mineral  wealth.    The  superficial 
reader  of  commercial  statistics  would  say  that 
Mexico  but  slightly  encourages  our  domestic 
industry ;  that  she  takes  nothing  from  our  ag- 
riculture, and  but  little  from  our  manufactures. 
On  the  contrary,  the  close  observer  would  see  a 
very  different  picture.    He  would  see  the  pro- 
ducts of  our  soil  passing  to  all  the  countries  of 
Europe,  exchanging  into  fine  fabrics,  and  these 
returning  in  the  ships  of  many  nations,  our  own 
predominant,  to  the  city  of  New  Orleans ;  and 
thence  going  off  in  small  Mexican  vessels  to 
Matamoros,  Tampico,  Vera  Cruz,  and  other  Mex- 
ican ports.    The  return  from  these  ports  is  in 
the  precious  metals ;  and,  to  confine  myself  to 
a  single  year,  as  a  sample  of  the  whole,  it  may 
be  stated  that,  of  the  ten  millions  and  three 
quarters  of  silver  coin  and  bullion  received  in 
the  United  States,  according  to  the  custom-house 
returns  during  the  least  year,  eight  millions  and 
one  quarter  of  it  came  from  Mexico  alone,  and  the 
mass  of  it  through  the  port  of  New  Orleans.  This 
amount  of  treasure  is  not  received  for  nothing, 
nor,  as  it  would  seem  on  the  commercial  tables, 
for  foreign  fabrics  unconnected  with  American 
industry,  but,  in  reality,  for  domestic  produc- 
tions changed  into  foreign  fabrics,  and  giving 


672 


TIIIUTY  YEARS'  VIEW. 


i 


doublo  employment  to  the  navigation  of  the 
country.  New  Orleans  has  taken  the  place  of 
the  Havana ;  it  has  become  the  entrepot  of  this 
trade ;  and  many  circumstances,  not  directed  by 
law,  or  fiven  known  to  lawgivers,  have  combined 
to  produce  the  result.  First,  the  application  of 
steam  power  to  the  propulsion  of  vessels,  which, 
in  the  form  of  towboats,  has  given  to  a  river 
city  a  prompt  and  facile  communication  with  the 
sea;  then  the  advantage  of  full  and  assorted 
cargoes,  whicli  brings  the  importing  vessel  to  a 
point  whore  she  delivers  freight  for  two  differ- 
ent empires;  then  the  marked  advantage  of  a 
return  cargo,  with  cheap  and  abundant  supplies, 
which  are  always  found  in  the  grand  emporium 
of  the  groat  West;  then  the  discriminating  du- 
ties in  Mexican  ports  in  favor  of  Mexican  vessels, 
which  makes  it  advantageous  to  the  importer  to 
stop  and  tr  isship  at  New  Orleans  ;  finally,  our 
enterprise,  our  police,  and  our  free  institutions, 
our  perfect  security,  under  just  laws,  for  life, 
liberty,  person  and  property.  These  circum- 
stances, undirected  by  government,  and  without 
the  knowledge  of  government,  have  given  to 
New  Orleans  the  supreme  advantage  of  being 
the  entrepot  of  the  Mexican  trade ;  and  have 
presented  the  unparalleled  spectacle  of  the  no- 
blest valley  in  the  world,  and  the  richest  mines 
in  the  world,  sending  their  respective  products 
to  meet  each  other  at  the  mouth  of  the  noblest 
river  in  the  world ;  and  there  to  create  in  lapse 
of  time,  the  most  wonderful  city  which  any  age 
or  country  has  ever  beheld.  A  look  upon  the 
map  of  the  great  West,  and  a  tolerable  capacity 
to  calculate  the  aggregate  of  geographical  ad- 
vantages, must  impress  the  beholder  with  a  vast 
opinion  of  the  future  greatness  of  New  Orleans ; 
but  he  will  only  look  upon  one  half  of  the  pic- 
ture unless  he  contemplates  this  new  branch  of 
trade  which  is  making  the  emporium  of  the 
Mississippi  the  entrepot  of  Mexican  commerce, 
and  the  recipient  of  the  Mexican  mines,  and 
which,  though  now  so  great,  is  still  in  its  in- 
fancy. Let  not  government  mar  a  consumma- 
tion so  auspicious  in  its  aspect,  and  teeming 
with  so  many  rich  and  precious  results.  Let 
no  unnecessary  collision  with  Mexico  interrupt 
our  commerce,  turn  back  the  streams  of  three 
hundred  mines  to  the  Havana,  and  give  a  wound 
to  a  noble  city  which  must  be  felt  to  the  head- 
spring and  source  of  every  stream  that  pours 
its  tribute  into  the  King  of  Floods. 


"Thus  far  Mexico  has  no  cause  of  complaint. 
The  conduct  of  our  government  has  been  that 
of  rigorous  neutrality.    The  present  motion  docs 
not  depart  from  that  lino  of  conduct ;  for  tlio 
proposed  recognition  {s  not  only  contingent  upon 
the  de  facto  independence  of  Texas,  but  it  fol. 
lows  in  the  train,  and  conforms  to  the  spirit  of 
the  actual  arrangements  of  the  President  General 
Santa  Anna,  for  the  complete  separation  of  the 
two  countries.    We  have  authentic  information 
that  the  Tresident  General  has  a|-reed  to  an 
armistice  ;  that  he  has  directed  the  evacuation 
of  the  country ;  that  the  Mexican  army  is  in 
full  retreat;  that  the  Rio  Grande,  a  limit  far 
beyond  the  discovery  and  settlement  of  La  Salle 
in  1G84,  is  the  provisional  boundary;  and  that 
negotiations  are  impending  for  the  estiiblislniient 
of  peace  on  the  basis  of  separation.    Alexico  ii;i,s 
had  the  advantage  of  these  arrangements,  thon^-h 
made  by  a  captive  chief,  in  the  unmolested  k- 
treat  and  happy  extrication  of  her  troops  from 
their  perilous  position.    Under  these  ciicinn- 
stances,  it  can  be  no  infringement  of  neutrality 
for  the  Senate  of  the  United  States  to  adopt  a 
resolution  for  the  contingi  iit  and  qualified  ac- 
knowledgment of  Texian  independence.    Even  I 
after  the  adoption  of  the  resolution,  it  will  iv- 1 
main  inoperative  upon  the  hands  of  the  I'lvsi- 
dent  until  he  shall  have  the  satisfactory  infor- 
mation which  shall  enable  him  to  act  willumt  | 
detriment  to  any  interest,  and  without  im.M- 
tion  of  any  law. 

"Even  without  the  armistice  and  provisional! 
treaty  with  Santa  Anna,  I  look  upon  the  scpara-l 
tion  of  the  two  countries  as  being  in  tiic  tixedl 
order  of  events,  and  absolutely  certain  to  take! 
place.  Texas  and  Mexico  are  not  formed  fori 
union.  They  are  not  homogeneous.  I  sptakl 
of  Texas  as  known  to  La  Salle,  the  bay  of  St.j 
Bernard — (Matagorda) — and  the  waters  wliichj 
belong  to  it,  being  the  western  boundary.  Thc^ 
do  not  belong  to  the  same  divisions  of  countryJ 
nor  to  the  same  systems  of  commerce,  nor  ta 
the  same  pursuits  of  business.  They  have  ni 
affinities — no  attractions — no  tendencies  to  coa* 
lesce.  In  the  course  of  centuries,  and  whild 
Mexico  has  extended  her  settlements  intinitelJ 
further  in  other  directions — to  the  head  of  tlij 
Rio  Grande  in  the  north,  and  to  the  bay  of  Sa( 
Francisco  in  tlie  northwest ;  yet  no  settkiiii'n| 
had  been  extended  cast,  along  the  ncigiiboiinj 
coast  of  the  G  ulf  of  Mexico.    The  rich  and  decl 


ANNO  1836.    ANDREW  JACKSON,  PRESIDENT. 


673 


Mexico  has  no  cause  of  complivmt, 
of  our  government  has  been  that 
nitrality.  The  present  motion  docs 
from  that  lino  of  conduct;  for  tl,e 
ognition  is  not  only  contingent  upon 

independence  of  Texas  but  .t  fol- 
train,  and  conforms  to  the  spmt,n 
■rangementsof  the  Pres,dent  General 

for  the  complete  separation  of  tk 
L     We  have  authentic  information 
.resident  General  has  aLrreed  to  an 
that  he  has  directed  the  evacuation 
.trv,  that  the  Mexican  army  is  in 
fthat  the  Kio  Grande,  a  hmit  far 
e  discovery  and  settlement  of  La  Sallo, 
i  the  provisional  boundary;  an.  that 
ns  are  impending  for  the  estahhslnnent 
,n  the  basis  of  separation.    Mexico  Im 
Ivantage  of  these  arrangements,  tlum,li 
a  captive  chief,  in  the  unmolestea  , ,. 

happy  extrication  of  her  troops  fim 

riloiis  position.  Under  these  cue™- 
it  can  be  no  infringement  of  neutnlay 

Senate  of  the  Unit-d  States  to  adop,  a 
jnforthccontinguitandquahfioaac- 
Igment  of  Texian  independence,   bca 

p  adoption  «f  ^l'*^  ^'^^°^'"'"' !"  "■ 
operative  npon  the  hands  of   her... 

tilho  shall  have  the  satisfactory  mlor- 
whichshall  enable  him  to  act  NvilWt 
at  to  any  interest,  and  without  uu... 

rwit'hout  the  armistice  and  provisioml 
,ith  Santa  Anna,!  look  upon  the  ser«. 
thetwocountriesasbeingmtheiixl 
events,  and  absolutely  certain  to  tab 
Texas  and  Mexico  are  not  formed  fo 

They  are  not  homogeneous.    I  spca 

s  as  known  to  La  Salle,  the  bay  o^q 

;_CMatagorda)-and  the  waters. « 

Ito  it  being  the  western  boundary.  Iht, 
Lng  to  the  same  divisions  of  .^^^^^^ 
Ithe  same  systems  of  commerce  nor. 

'epursuits'of  business.    They  haven 

,_no  attractions-no  tendencies  to  o, 

In  the  course  of  centuries,  and. « 

^extended  her  settlements  in. 

oaierdirections-tothel>^ad^^ 

Udeinthenorth,andtotholajofs. 

kcoinVlie  northwest;  yet  nose 
t:::.tendedeast,alon^tl.-,hW. 


If  the  Gulf  of  Mexico. 


The  rich  and  dec] 


cotton  and  sugar  lands  of  Texas,  though  at  the 
very  door  of  Mexico,  yet  requiring  the  applica- 
tion of  a  laborious  industry  to  make  them  pro- 
ductive, have  presented  ho  temptation   to  the 
mining  and  pastoral  population  of  that  empire. 
For  ages  this  beautiful  agricultural  and  plantmg 
region  had  lain  untouched.    Within  a  few  years, 
tnd  by  another  race,  its  settlement  has  begun  ; 
and  the  presence  of  this  race  has  not  smoothed, 
but  increased,  the  obstacles  to  union  presented  by 
nature.    Sooner  or  later,  separation  would  be  in- 
evitable ;  and  the  progress  of  human  events  has 
accelerated  the  operation  of  natural  causes.    Go- 
liad has  torn  Texas  from  Mexico ;  Goliad  has 
decreed  independence ;  San  Jacinto  has  sealed  it ! 
What  the  massacre  decreed,  the  victory  has  scal- 
ed ;  and  the  day  of  the  martyrdom  of  prisoners 
must  for  ever  be  regarded  as  the  day  of  disunion 
between  Texas  and  Mexico.    I  speak  of  it  politi- 
cally, not  morally ;  that  massacre  was  a  great 
political  blunder,  a  miscalculation,  an  error,  and 
a  mistake.    It  was  expected  to  put  an  end  to 
resistance,  to  subdue  rebellion,  to  drown  revolt 
in  blood,  and  to  extinguish  aid  in  terror.    On 
the  contrary,  it  has  given  life  and  invincibility 
to  the  cause  of  Texas.    It  has  fired  the  souls  of 
her  own  citizens,  and  imparted  to  their  courage 
the  energies  of  revenge  and  despair.    It  has 
given  to  her  the  sympathies  and  commiseration 
of  the  civilized  world.    It  has  given  her  men 
and  money,  and  claims  upon  the  aid  and  a  hold 
upon  the  sensibilities  of  the  human  race.    If  the 
itruggle  goes  on,  not  only  our  America,  but 
Europe  will  send  its  chivalry  to  join  in  the  con- 
test.  I  repeat  it ;  that  cruel  morning  of  the 
Alamo,  and  that  black  day  of  Qoliad,  were  great 
political  faults.    The  blood  of  the  martyr  is  the 
sed  of  the  church.    The  blood  of  slaughtered 
patriots  is  the  dragon's  teeth  sown  upon  the 
(»rth,  from  which  heroes,  full  grown  and  armed, 
into  life,  and  rush  into  battle.    Often  will 
jthe  Mexican,  guiltless  of  that  blood,  feel  the 
nglo-American  steel  for  the  deed  of  that  day, 
this  war  continues.    Many  were  the  innocent 
It  San  Jacinto,  whose  cries,  in  broken  Spanish, 
ijurlng  Goliad  and  the  Alamo,  could  not  save 
leir  devoted  lives  from  the  avenging  remen.- 
ince  of  the  slaughtered  garrison  and  the  mas- 
red  prisoners. 

Unhappy  day,  for  ever  to  be  deplored,  that 
inday  morning,  March  6,  1836,  when  the  un- 
mted  garrison  of  the  Alamo,  victorious  in  so 

Vol.  I.— 43 


many  assaults  over  twenty  times  their  number 
perished  to  the  last  man  by  the  hands  of  those, 
part  of  whom  they  had  released  on  parole  two 
months  before,  leaving  not  one  to  tell  how  they 
first  dealt  out  to  multitudes  that  death  which 
they  themselves  finally  received.    Unhappy  day, 
that  Palm  Sunday,  March  27,  when  the  five 
hundred  and  twelve  prisoners  at  Goliad,  issuing 
from  the  sally  port  at  dawn  of  day,  one  by  one, 
under  the  cruel  delusion  of  a  return  to  their 
families,  found  them.sclves  enveloped  in  double 
files  of  cavalry  and  infantry,  marched  to  a  spot 
fit  for  the  perpetration  of  the  horrid  deed — ar  ' 
there,  without  an  instant  to  think  of  parents, 
country,  friends,  and  God — in  the  midst  of  the 
consternation  of  terror  and  surprise,  were  in- 
huma^dy  set  upon,  and  pitilessly  put  to  death, 
in  spite  of  those  moving  cries  which  reached  to 
heaven,  and  regardless  of  those   supplicating 
hands,  stretched  forth  for  mercy,  from  which 
arms  had  been  taken  under  the  perfidious  forms 
of  a  capitulation.    Five  hundred  and  six  perish- 
ed that  morning — young,  vigorous,  brave,  sons 
of  respectable  families,  and  the  pride  of  many  a 
parent's  heart — and  their  bleeding  bodies,  torn 
with  wounds,  and  many  yet  alive,  were  thrown 
in  heaps  upon  vast  fires,  for  the  flames  to  con- 
sume what  the  steel  had  mahgled.   Six  only  es- 
caped, and  not  by  r..ercy,  but  by  miracles.    And 
this  was  the  work  of  man  upon  his  brother ;  of 
Christian  upon  Christian ;  of  those  upon  those 
who  adore  the  same  God,  invoke  the  same  hea- 
venly benediction,  and  draw  precepts  of  charity 
and  mercy  from  the  same  divine  fountain.    Ac- 
cursed be  the  ground  on  which  the  dreadful  deed 
was  done !    Sterile,  and  set  apart,  let  it  for  ever 
be  !    No  fruitful  cultivation  should  ever  enrich 
it ;  no  joyful  edifice  should  ever  adorn  it ;  but 
shut  up,  and  closed  by  gloomy  walls,  the  mourn- 
ful cypress,  the  weeping  willow,  and  the  inscrip- 
tive monument,  should  for  ever  attest  the  fouJ 
deed  of  which  it  was  the  scene,  and  invoke  from, 
every  passenger  the  throb  of  pity  for  the  slain, 
and  the  start  of  horror  for  the  slayer.    And  you,, 
neglected  victims  of  the  Old  Mission  and  San. 
Patricio,  shall  you  be  forgotten  because  your 
numbers  were  fewer,  and  your  hapless  fate  more 
concealed  ?     No !  but  to  you  also  justice  shall 
be  done.     One    common  fate  befell  you  all ; 
one  common  memorial  shall  perpetuate  your 
names,  and  embalm  your  memories.  Inexorable 
history  will  sit  in  judgment  upon  all  concerned,, 


674 


THIRTY  YEARS'  VIEW. 


& 


&-M 


> 


J' 


'1 1 


n 


If   I 


and  will  reject  the  plea  of  government  orders, 
even  if  those  orders  emanated  from  the  govern- 
ment, instead  of  being  dictated  to  it.  The  French 
National  Convention,  in  1793,  ordered  all  the 
English  prisoners  who  should  be  taken  in  battle 
to  be  put  to  death.     The  French  ?rmies  refused 
to  execute  the   decree.      They  answc.jd,  that 
French  soldiers  were  the  protectors,  not  the  assas- 
sins of  prisoners  ;  and  all  France,  all  Europe,  the 
whole  civilized  world,  applauded  the  noble  reply. 
"  But  let  us  not  forget  that  there  is  some  relief 
to  this  black  and  bloody  picture — some  allevia- 
tion to  the  horror  of  its  appalling  features. 
There  was  humanity,  as  well  as  cruelty,  at  Go- 
liad— humanity  to  deplore  what  it  could  not 
prevent.     The  letter  of  Colonel  Fernandez  does 
honor  to  the  human  heart.     Doubtless  many 
other  oflBcers  felt  and  mourned  like  him,  and 
spent  the  day  in  unavailing  regrets.   The  ladies, 
Losero  and  others,  of  Matar.ioros,  saving  the 
doomed  victims  in  that  city,  from  day  to  day, 
by  their  intercessions,  appear  like  miaistering 
angels.     Several  public  journals,  and  many  in- 
dividuals, in  Jlexico,  have  given  vent  to  feelings 
worthy  of  Christians,  and  of  the  civilization  of 
the  age ;  and  the  poor  woman  on  the  Gauda- 
loupe,   who    succored    and    saved    the   young 
Georgian  (Iladaway),  how  nobly  she  appears ! 
lie  was  one  of  the  few  that  escaped  the  fate  of 
the  Georgia  battalion  sent  to  the  Old  Mission. 
Overpowered  by  famine   and  despair,  without 
arras  and  without  comrades,  he  entered  a  soli- 
tary house  filled  with  Mexican  soldiers  hunting 
the  fugitives  of  his  party.     Ilis  action  amazed 
them ;  and,  thinking  it  a  snare,  they  stepped  out 
to  look  for  the  armed  body  of  which  he  was 
supposed  to  be  the  decoy.     In  that  instant  food 
was  given  him  by  the  humane  woman,  and  in- 
stant flight  to  the  swamp  was  pointed  out.    lie 
fled,  receiving  the  fire  of  many  guns  as  he  went ; 
and,  escaping  the  perils  of  the  way,  the  hazanls 
of  battle  at  San  Jacinto,  where  he  fought,  and 
of  Indian  massacre  in  the  Creek  nation,  when 
the  two  stages  were  taken  and  part  of  his 
travelling  companions  killed,  he  lives  to  publish 
in  America  that  instance  of  devoted  humanity 
in  the  poor  woman  of  the  Gaudaloupc.    Such 
acts  as  all  these  deserve  to  be  commemorated. 
They  relieve  the  revolting  picture  of  military 
barbarity — soften  the  resentments  of  nations — 
and  redeem  a  people  from  the  offence  of  indi- 
viduals. 


"  Great  is  the  mistake  which  has  prevailed  in 
Mexico,  and  in  some  parts  of  the  United  States 
on  the  character  of  the  population  which  hag 
gone  to  Texas.    It  has  been  common  to  dis- 
parage and  to  stigmatize  them.    Nothing  could 
be  more  unjust ;  and,  speaking  from  knowledge 
either  personally  or  well  acquired  (for  it  faljj 
to  my  lot  to  know,  cither  from  actual  acquaint- 
ance or  good  information,  the  mass  of  its  inhabi- 
tants), I  can  vindicate  them  from  erroneous  im- 
putations, and  place  their  conduct  and  character 
on  the  honorable  ground  which  they  deserve  to 
occupy.    The  founder  of  the  Texian  colony  was 
Mr.  Moses  Austin,  a  respectable  and  entcrprisine 
native  of  Connecticut,  and  largely  engaged  in 
the  lead  mines  of  Uppc*  Louisiana  when  I  went 
to  the  Territory  of  Missouri  in  1815.    The  pre- 
sent  head  of  the  colony,  his  son,  Mr.  Stephen 
F.  Austin,  then  a  very  young  man,  was  a  mem- 
ber of  the  Territorial  Legislature,  distinguished  i 
for  his  intelligence,  business  habits,  and  gentle- 
manly conduct.     Among  the  grantees  we  dij- 
tinguish  the  name  of  Robertson,  son  of  the  I 
patriarchal  founder  and  first  settler  of  West) 
Tennessee.    Of  the  body  of  the  emigrants,  most  I 
of  them  aie  heads  of  families  or  enterprising  I 
young  men,  gone  to  better  their  condition  by  re- 1 
ceiving  grants  of  fine  land  in  a  fine  climate,  and! 
to  continue  to  live  under  the  republican  form  ofj 
government  to  which  they  had  been  accustomed.! 
There  sits  one  of  them  (pointing  to  Mr.  Carson,! 
late  member  of  Congress  from  North  Carolina,! 
and  now  Secretary  of  State  for  Texas).    We  alii 
know  him;  our  greetings  on  his  appearance ii 
this  chamber  attest  our  respect ;  and  such  i 
we  know  him  to  be,  so  do  I  know  the  multitudJ 
of  those  to  be  who  have  gone  to  Texas.   Thejj 
have  gone,  not  as  intruders,  but  as  granteesj 
and  to  become  a  barrier  between  the  Mexia 
and  the  marauding  Indians  who  infested  theij 
borders. 

"  Heartless  is  the  calumny  invented  and  pro| 
pagated,  not  from  this  floor,  but  elsewhere,  oj 
the  cause  of  the  Texian  revolt.    It  is  said  to! 
a  war  for  the  extension  of  slavery.    It  had  i 
well  be  said  that  our  own  Revolution  wasawij 
for  the  extension  of  slavery.    So  far  from  i 
that  no  revolt,  not  even  our  own,  ever  had 
more  just  and  a  more  sacred  origin.    The  set 
tiers  in  Texas  went  to  live  under  the  form  j 
government  which  they  had  left  behind  in  tlj 
United  States — a  government  which  extends  ( 


ANNO  1836.     ANDREW  JACKSON,  PRESIDENT. 


675 


,  some  parts  of  the  United  states, 
of  the  population  which  h<« 


.ennstake  which  haBP^vaikd  in 

I  80 

rithrs  been  common  to  dis- 

itigmatize  them.    Nothmg  could 
s-  and,  speaking  from  knowlecl^c 
aly  or -e"  acquired  (for  It  fal 
know,  either  from  actual  acquamt- 
•i4ation,themassofits.nhab.. 
vindicate  them  from  erroneous™. 
,d  place  their  conduct  and  character 
rable  ground  which  they  deseneto 
,e  founder  of  the  Texian  colony  was 
Yustin,arc8pectableandenterpns.„g 

Connecticut,  and  largely  engaged  ,„ 
res  of  Upper  Louisiana  when!  wont 
Cr^  of  Missouri  in  1815.  The  pre- 
He  colony,  his  son,  Mr.  Stephen 
then  a  very  young  man,  was  a  mem. 
trritorial  Legislature,  distmgu.« 
clU.ence,  business  habits,  and  genfle. 

it.    imong  the  grantees  we   . 
he  name  of  Robertson    son  otk 

al  founder  and  first  settler  o  ^Ve. 
e  Ofthebodyofthee„ugrant8,™« 
are  heads  of  families  or  enterpns.n? 
en  .one  to  better  their  conditmbyre- 
'f«  of  fire  land  in  a  fine  climate,  and 
rtveunil  the  republican  fo™o, 

Vfo  which  they  had  been  accustomei 

forofttmCpUrngtoMr^Ca^ 

ITof  Congress  from  North  CarjK 

Secretary  of  State  for  Texas),    ^^eal 

Iv  greetings  on  his  appearanee 

J  attest  our  respect;  and  sue, 

tltobesodolknowthemuto. 

him  to  DC,  Bu  Toir«R    Thet 

to  be  who  have  gone  to  Texas,     tie] 

nol  as  intruders,  but  as  grant^s, 

a  barrier  between  the  Me.K- 


many  guarantees  for  life,  liberty,  property,  and 
the  pursuit  of  happiness,  and  which  their  Amer- 
ican and  English  ancestors  had  vindicated  for 
60  many  hundred  years.  A  succession  of  violent 
changes  in  government,  and  the  rapid  overthrow 
of  rulers,  annoyed  and  distressed  them ;  but 
they  remained  tranquil  under  every  violence 
ffhich  did  not  immediately  boar  on  themselves. 
In  1822  the  republic  of  1821  was  superseded  by 
the  imperial  diadem  of  Iturbidc.  In  1823  he 
\vas  deposed  and  banished,  returned  and  was 
shot,  and  Victoria  made  President.  Mentuno 
and  Bravo  disputed  the  presidency  with  Vic- 


im 


toria ; 


and 


found,  in  banishment, 


the  mildest 


ding  Indians  who  infested  M 


Ine, 

tecomc 

Imaraui 

Irtless  is  the  calumny  invented  and  F 
*Sm  this  floor,  but  elsewhere, 
Lorrexian  revolt.  Itissa.dto 
k  the  extension  of  slavery.    It  had 

r    What  our  own  Revolution  vrasaw, 
LauUhatouro  g„  f,r  from 

^"^Tnote^ro-  own,  ever  had 
,  revolt,  noi  ^^i-"  „.. 


«f  in  live  under  the  form 
states— a  govern 


xnent  which  exlendsl 


issue  known  among  Mexicans  to  unsuccessful 
civil  war.    Pedrazawas  elected  in  1828;  Guer- 
rero overthrew  him  the  next  year.    Then  Bus- 
tamente    overthrew   Guerrero;    and,  quickly, 
Santa  Anna  overthrew  Bustamente,  and,  with 
him,  iill  the  forms  of  the  constitution,  and  the 
whole  frame  of  the  federative  government.    By 
liis  own  will,  and  by  force,  Santa  Anna  dissolved 
the  existing  Congress,  convened  another,  formed 
the  two  Houses  into  one,  called  it  a  convention ; 
I  md  made  it  the  instrument  for  deposing,  with- 
out trial,  the  constitutional  Vice-President,  Go- 
mez Farias,  putting  Barragan  into  his  place, 
[annihilating  the  State  governments,  and  estab- 
lishing a  consolidated  government,  of  which  he 
I  was  monarch,  under  the  retained  republican  title 
I  of  President.    Still,  the  Texians  did  not  take  up 
larms :  they  did  not  acquiesce,  but  they  did  not 
IrcYolt.    They  retained  their  State  government 
I  in  operation,  and  looked  to  the  other  States, 
lolder  and  more  powerful  than  Texas,  to  vindi- 
Icatc  the  general  cause,  and  to  re-establish  the 
JMeral  constitution  of  1824.     In  September, 
11835,  this  .was  still  her  position.   In  that  month, 
|»  Mexican  armed  vessel  appeared  off  the  coast 
Texas,  and  declared  her  ports  blockaded. 
At  the  same  time,  General  Cos  appeared  in  the 
hii  with  an  army  of  fifteen  hundred  men, 
rith  orders  to  arrest  the  State  authorities,  to 
krm  the  inhabitants,  leaving  one  gun  to  every 
fx  hundred  souls ;  and  to  reduce  the  State  to 
inconditional  submission.     Gonzales  was  the 
Elected  point  for  the  commencement  of  the  exe- 
Wion  of  these  orders ;  and  the  first  thing  was 
t  arms,  those  trusty  rifles  which  the  settlers 
iid brought  with  them  from  the  United  States, 
ptich  were  their  defence  against  savages,  their 
louice  for  game,  and  the  guard  which  convert- 


ed their  houses  into  castles  stronger  than  those 
'  which  the  king  cannot  enter.'  A  detachment 
of  General  Cos's  army  appeared  at  the  village  of 
Gonzales,  on  the  28th  of  September,  and  de- 
manded the  arms  of  the  inhabitants ;  it  was  the 
same  demand,  and  for  the  same  purpose,  which 
the  British  detachment,  under  Major  Pitcairn, 
had  made  at  Lexington,  on  the  19th  of  April, 
1775.  It  was  the  same  demand !  and  the  same 
answer  was  given — resistance — battle — victory ! 
for  the  American  blood  was  at  Gonzales  as  it 
had  been  at  Lexington ;  and  between  using  their 
arms,  and  surrendering  their  arms,  that  blood 
can  never  hesitate.  Then  followed  the  rapid 
succession  of  brilliant  events,  which,  in  two 
months,  left  Texas  without  an  armed  enemy  in 
her  borders,  and  the  strong  forts  of  Goliad  and 
the  Alamo,  with  their  garrisons  and  cannon,  the 
almost  bloodless  prizes  of  a  few  hundred  Texian 
rifles.  This  was  the  origin  of  the  revolt ;  and 
a  calumny  more  heartless  can  never  be  imi^ined 
than  that  which  would  convert  this  just  and 
holy  defence  of  life,  liberty,  and  property,  into 
an  aggression  for  the  extension  of  slavery. 

"Just  in  its  origin,  valiant  and  humane  in  its 
conduct,  sacred  in  its  object,  the  Texian  revolt 
has  illustrated  the  Anglo-Saxon  character,  and 
given  it  new  titles  to  the  respect  and  admiration 
of  the  world. 

"  It  shows  that  liberty,  justice,  valor — moral, 
physical,  and  intellectual  power — discriminate 
that  race  wherever  it  goes.  Let  our  America 
rejoice,  let  Old  England  rejoice,  that  the  Brassos 
and  Colorado,  new  and  strange  names — streams 
fi»r  beyond  the  western  bank  of  the  Father  of 
Floods — have  felt  the  impress,  and  witnessed  the 
exploits  of  a  people  sprung  from  their  loins, 
and  carrying  their  language,  laws,  and  cus- 
toms, their  magna  charta  and  its  glorious 
privileges,  into  new  regions  and  far  distant 
climes.  Of  the  individuals  who  have  purchased 
lasting  renown  in  this  young  war,  it  would 
be  impossible,  in  this  place  to  speak  in  detail, 
and  invidious  to  discriminate ;  but  there  is  one 
among  them  whose  position  forms  an  excep- 
tion, and  whose  early  association  with  my- 
self justifies  and  claims  the  tribute  of  a  par- 
ticular notice.  I  speak  of  him  whose  romantic 
victory  has  given  to  the  Jacinto*  that  immor- 
tality in  grave  and  serious  history  which  the 

*  Hyacinth;  byaclntbos;  buaklotbos;  wkt«r  flower. 


676 


THIRTY  YEARS'  VIEW. 


m 


IS.'  * 


V 


diskos  of  Apollo  had  given  to  it  in  the  fabu- 
lous pages  of  the  heathen  mythology.  General 
Houston  was  bom  in  the  State  of  Virginia, 
county  of  Rockbridge :  he  was  appointed  an  en- 
sign in  the  army  of  the  United  States,  during 
the  late  war  with  Great  Britain,  and  served  in 
the  Creek  campaign  under  the  banners  of  Jack- 
son. I  was  the  lieutenant  colonel  of  the  regi- 
ment to  which  he  belonged,  and  the  first  field 
officer  to  whom  he  reported.  I  then  marked  in 
him  the  same  soldierly  and  gentlemanly  quali- 
ties which  have  since  distinguished  his  jvcntful 
career :  frank,  generous,  brave ;  ready  to  do,  or 
to  suffer,  whatever  the  obligations  of  civil  or 
military  duty  imposed ;  and  always  prompt  to 
answer  the  call  of  honor,  patriotism,  and  friend- 
ship. Sincerely  do  I  rejoice  in  his  victory.  It 
is  a  victory  without  alloy,  and  without  parallel, 
except  at  New  Orleans.  It  is  a  victory  which 
the  civilization  of  the  age,  and  the  horAor  of  the 
human  race,  required  him  to  gain :  for  the  nine- 
teenth century  is  not  the  age  in  which  a  repeti- 
tion of  the  Goliad  matins  could  be  endured. 
Nobly  has  he  answered  the  requisition ;  fresh 
and  luxuriant  are  the  laurels  which  adorn  his 
brow. 

"  It  is  not  within  the  scope  of  my  present 
purpose,  to  speak  of  military  events,  and  to 
celebrate  the  exploits  of  that  vanguard  of  the 
Anglo-Saxons  who  are  now  on  the  confines  of 
the  ancient  empire  of  Montezuma;  but  that 
combat  of  the  San  Jacinto !  it  must  for  ever  re- 
main in  the  catalogue  of  military  minu^les. 
Seven  hundred  and  fifty  citizens,  miscellane- 
ously armed  with  rifles,  muskets,  belt  pistols, 
and  knives,  under  a  leader  who  had  never  seen 
service,  except  as  a  subaltern,  march  to  at- 
tack near  double  their  numbers — march  in  open 
day  across  a  clear  prairie,  to  attack  upwards  of 
twelve  hundred  veterans,  the  6Iite  of  an  invad- 
ing army  of  seven  thousand,  posted  in  a  wood, 
their  flanks  secured,  front  intrenched ;  and  com- 
manded by  a  general  trained  in  civil  wars,  vic- 
torious in  numberless  battles ;  and  chief  9f  an 
empire  of  which  no  man  becomes  chief  except 
as  conqueror.  In  twenty  minutes,  the  position 
is  forced.  The  combat  becomes  a  carnage.  The 
flowery  prairie  is  stainel  with  blood;  the  hya- 
cinth js  no  longer  blue,  but  scarlet.  Six  hun- 
dred Mexicans  are  dead ;  six  hundred  more  are 
prisoners,  half  wounded ;  the  President  General 
himself  is  a  prisoner;  the  camp  and  baggage  all 


taken;  and  the  loss  of  the  victors,  six  kille<] 
and  twenty  wounded.  Such  are  the  results,  and 
which  no  European  can  believe,  but  those  who 
saw  Jackson  at  New  Orleans.  Houston  is  the 
pupil  of  Jackson ;  and  he  is  the  first  self-made 
general,  since  the  time  of  Mark  Antony,  and  tho 
King  Antigonus,  who  has  taken  the  general  of 
the  army  and  the  head  of  the  government  cap- 
tive in  battle.  Different  from  Antony,  he  has 
spared  the  life  of  his  captive,  though  forfeited 
by  every  law,  human  and  divine. 

"I  voted,  in  1821,  to  acknowledge  the  abso- 
lute independence  of  Mexico ;  I  vote  now  to  r^ 
cognize  the  contingent  and  expected  independ- 
ence of  Texas.    In  both  cases,  the  vote  is  given 
upon  the  same  principle— upon  the  principle  of  | 
disjunction  where  conjunction  is  impossible  or  | 
disastrous.    The  Union  of  Mexico  and  Spain  j 
had  become  impossible;  that  of  Mexico  and 
Texas  is  no  longer  desirable  or  possible.    A  I 
more  fatal  present  could  not  be  made  than  that 
of  the  future  incorporation  of  the  Texas  of  h 
Salle  with  the  ancient  empire  of  Montezuma. 
They  could  not  live  together,  and  extermination 
is  not  the  genius  of  the  age ;  and,  besides,  is  i 
more  easily  talked  of  than  done.    Bloodshed! 
only  could  be  the  fruit  of  their  conjunction; 
and  every  drop  of  that  blood  would  be  the  dn-i 
gon's  teeth  sown  upon  the  earth.     No  wi>e| 
Mexican  should  wish  to  have  this  Trojan  horsej 
shut  up  within  their  walls." 


CHAPTER    CXLVI. 

THE  SPECIE  CIECULAB. 

The  issue  of  the  Treasury  order,  knomii 
the  "Specie  Circular,"  was  one  of  the  eventj 
which  marked  the  foresight,  the  decision, . 
the  invincible  firmness  of  General  Jackson, 
wa."!  issued  immediately  after  the  adjournmd 
of  Congress,  and  would  have  been  issued  befoij 
the  adjournment,  except  for  the  fear  that  Coi 
gress  would  counteract  it  by  law.    It  was  i 
order  to  all  the  land-offices  to  reject  papermonel 
and  receive  nothing  but  goid  and  silver  in  pil 
ment  of  the  public  lands ;  and  was  issued  iinil 
the  authority  of  the  resolution  of  the  year  181j 
which,  in  giving  the  Secretary  of  the  Treasul 


I  deceive 
[Dillioi 
{this 
(ten. 


Icngagci 
Itinoe, 
Iniles ; 


iCOU 

iMTer 
[clear  gs 
'ralo 


ANNO  1836.     ANDREW  JACKSON,  PRESIDENT. 


677 


the  loss  of  the  victon,  six  killed 
mounded.  Such  are  the  results,  and 
iropean  can  believe,  but  those  vrho 
»  at  New  Orleans.  Houston  is  the 
kson;  and  he  is  the  first  self-made 
e  the  time  of  Mark  Antony,  and  tho 
jnus,  who  has  taken  the  general  of 
,d  the  head  of  the  government  cap- 
tie.  Different  from  Antony,  he  has 
life  of  his  captive,  though  forfeited 
,w,  human  and  divine. 

in  1821,  to  acknowledge  the  abso- 
Indence  of  Mexico ;  I  vote  now  to  re- 
>  contingent  and  espected  indepemi- 
xas.    In  both  cases,  the  vote  is  gmn 
ame  principle-upon  the  principle  of 
1  where  conjunction  is  impossible  or 
The  Union  of  Mexico  and  Spain 
ne  impossible;  that  of  Mexico  an.l 
no  longer  desirable  or  possible.    A I 
1  present  could  not  be  made  than  that 
ure  incorporation  of  the  Texas  of  la 
ti  the  ancient  empire  of  Montezuma. 
[d  not  live  together,  and  extermination 
,e  genius  of  the  age;  and,  besides, is 
,ily  talked  of  than  done.    Bloodsk^l 
Id  be  the  fruit  of  their  conjiinetion; 
7  drop  of  that  blood  would  be  the  dra- 
•th  sown  upon  the  earth.     No  ^^\ 
should  wish  to  have  this  Trojan  honej 

ithin  their  walls." 


IcHAPTEK    CXLVI. 

THE  SPECIE  CIBCTJLAB. 

lue  of  the  Treasury  order,  known 
ecie  Circular,"  was  one  of  the  emt 
larked  the  foresight,  the  dec-sron," 
rtcible  firmness  of  General  Jackson. 
[ed  immediately  after  the  adjoummer 
tcss,  and  would  have  been  issued  befoi 
[urnment,except  for  the  fear  that  Coi 

Vould  counteract  it  by  law.    It  was  i 

all  the  land-offices  to  reject  paper  mone 

live  nothing  but  go-.d  and  silver  in  p>| 

■the  public  lands;  and  was  issued iind- 

hority  of  the  resolution  of  theyearlSl 
n  giving  the  Secretary  of  the  Treasi' 


discretionary  authority  to  receive  the  notes  of 
specie  paying  banks  in  revenue  payments,  gave 
him  also  the  right  to  reject  them.  The  num- 
ber of  these  banks  had  now  become  so  great, 
the  quantity  of  notes  issued  so  enormous,  the 
facility  of  obtaining  loans  so  universal,  and  the 
temptation  to  converting  shadowy  paper  into 
real  estate,  so  tempting,  that  the  rising  streams 
of  paper  from  seven  hundred  and  fifty  banks  took 
their  course  towards  the  new  States,  seat  of  the 
public  domain — discharging  in  accumulated  .ol- 
ume  there  collected  torrents  upon  the  different 
land-offices.  The  sales  were  running  up  to  five 
millions  a  month,  with  the  prospect  of  unbound- 
ed increase  after  the  rise  of  Congress ;  and  it 
\ra8  this  increase  from  the  land  sales  which  made 
that  surplus  which  the  constitution  had  been 
burlesqued  to  divide  among  the  States.  And 
there  was  no  limit  to  this  conversion  of  public 
land  into  inconvertible  paper.  In  the  custom- 
house branch  of  the  revenue  there  was  a  limit 
in  the  amount  to  be  received — limited  by  the 
smount  of  duties  to  be  paid :  but  in  the  land-office 
branch  there  was  no  limit.  It  was  therefore  at 
that  point  that  the  remedy  was  wanted  ;  and, 
for  that  reason,  the  "  Specie  Circular  "  was  limit- 
ed in  its  application  to  the  land-offices ;  and 
totally  forbade  the  sale  of  the  public  lands  for 
aij  thing  but  hard  money.  It  was  an  order  of 
incalculable  value  to  the  United  States,  and 
issued  by  President  Jackson  in  known  disregard 
of  the  will  both  of  the  majority  of  Congress  and 
I  of  his  cabinet 

Before  the  adjournment  of  Congress,  and  in 
I  concert  with  th^i  President,  the  author  of  this 
View  had  attempted  to  get  an  act  of  Congress  to 
Etop  the  evil ;  and  in  support  of  his  motion  to 
that  effect  gave  his  opinion  of  the  evil  itBelf|  and 
of  the  benefits  which  would  result  from  its  sup- 
Iprcssion.    He  said: 

"  He  was  able  to  inform  the  Senate  how  it 
I  happened  that  the  sales  of  thepuollc  lands  had 
[deceived  all  calculations,  and  run  up  from  four 
I  millions  a  year  to  five  millions  a  quarter ;  it  was 
I  this:  speculators  went  to  banks,  borrowed  five, 
jten,  twenty,  fifty  thousand  dollars  in  paper,  iii 
I  email  notes,  usually  under  twenty  dollars,  and 
Icngaged  to  carry  off  these  notes  to  a  great  dis- 
36,  sometimes  five  hundred  or  a  thousand 
Iniles ;  and  there  laid  them  out  for  public  lands. 
"  ag  land-office  money,  they  would  circulate  in 
Ithe  country  ;  many  of  these  small  notes  would 
liiever  return  at  all,  and  their  loss  would  be  a 
Iclear  gain  to  the  bank ;  others  would  not  return 
I  for  a  long  time;  and  the  bank  would  draw  in- 


terest on  them  for  years  before  they  had  to  re- 
deem them.  Thus  speculators,  loaded  with  pa- 
per, would  outbid  settlers  and  cultivators,  who 
ha^  no  undue  accommodations  from  banks,  and 
who  had  nothing  but  specie  to  give  for  lands, 
or  the  notes  which  were  its  real  equivalent.  Mr. 
B.  said  that,  living  in  a  new  State,  it  came  with- 
in his  knowledge  that  such  accommodations  as 
he  had  mentioned  were  the  main  cause  of  tho 
excessive  sales  which  had  taken  place  in  the 
public  lands,  and  that  the  effect  was  equally  in- 
jurious to  every  interest  concerned — except  the 
banks  and  the  speculators :  it  was  injurious  to 
the  treasury^  which  was  filling  up  with  paper ; 
to  the  new  States,  which  were  flooded  with  pa- 
per ;  and  to  settlers  and  cultivators,  who  were 
outbid  by  sjieculators,  loaded  \vith  this  borrow- 
ed paper.  A  return  to  specie  payments  for  lands 
is  the  remedy  for  all  these  evils." 

Having  exposed  the  evil,  and  that  to  the  coun- 
try generally  as  well  as  to  the  federal  treasury, 
Mr.  B.  went  on  to  give  his  opinion  of  the  bene- 
fits of  suppressing  it ;  and  said : 

"  It  would  put  an  end  to  every  complaint  now 
connected  with  the  subject,  and  have  a  beneficial 
effect  upon  every  public  and  private  interest. 
Upon  the  federal  government  its  effect  would  be 
to  check  the  unnatural  sale  of  the  public  lands 
to  speculators  for  paper ;  it  would  throw  the 
speculators  out  of  market,  limit  the  sales  to 
settlers  and  cultivators,  stop  tho  swelling  in- 
creases of  paper  surpluses  in  the  treasury,  put 
an  end  to  all  projects  for  disposing  of  surpluses ; 
and  relieve  all  anxiety  for  the  fate  of  the  public 
moneys  in  the  deposit  banks.  Upon  the  new 
States,  where  the  public  lands  are  situated,  its 
effects  would  be  most  auspicious.  It  would  stop 
the  flood  of  paper  with  which  they  are  inundated, 
and  bring  in  a  steady  stream  of  gold  and  silver  in 
its  place.  It  would  give  them  a  hard-money 
currency,  and  especially  a  share  of  the  gold  cur"- 
rency ;  for  every  emigrant  could  then  carry  gold 
to  the  country.  Upon  the  settler  and  cultivator 
who  wished  to  purchase  land  its  effect  would  be 
peculiarly  advantageous.  He  would  be  relieved 
from  the  competition  of  speculators ;  he  would 
not  have  to  contend  with  those  who  received 
undue  accommodations  at  banks,  and  came  to 
the  land-offices  loaded  with  bules  of  bank  notes 
which  they  had  borrowed  upon  condition  of 
carrying  them  far  away,  and  turning  them  loose 
where  many  would  bo  lost,  and  never  get  back 
to  the  bank  that  issued  them.  All  these  and 
many  other  good  effects  would  thus  be  produced, 
and  no  hardship  or  evil  of  any  kind  could  accrue 
to  the  meritorious  part  of  the  country ;  for  the 
settler  and  cultivator  who  wishes  to  buy  land 
for  use,  or  for  a  settlement  for  his  children,  or 
to  increase  his  farm,  would  have  no  difficutly  in 
getting  hard  money  to  make  his  purchase.  He 
has  no  undue  accommodations  from  banks.  He 
has  no  paper  but  what  is  good ;  such  as  he  can 
readily  convert  into  specie.    To  him  the  ezac- 


■w 


/?» 


I^Mi 


wW'MM 


.  < 


678 


THIRTY  YEARS'  VIEW. 


tion  of  specie  payments  from  all  purchasers  would 
be  a  rule  of  equality,  which  would  enable  him 
to  purchase  what  he  needs  without  competition 
with  ijctitious  and  borrowed  capital." 

Mr.  B.  gave  a  view  of  the  actual  condition  of 
tb?  paper  currency,  which  he  described  as  hide- 
ous and  appalling,  doomed  to  a  catastrophe ;  and 
ho  advised  every  prudent  man,  as  well  as  the 
government,  to  fly  from  its  embrace.     His  voice, 
and  his  waining,  answered  no  purpose.    lie  got 
no  support  for  his  motion.    A  few  friends  were 
willing  to  stand  by  him,  but  the  opposition  se- 
nators stood  out  in  unbroken  front  against  it, 
reinforced  largely  by  the  friends  of  the  adminis- 
tration :  but  it  IS  in  vain  to  attribute  the  whole 
opposition  to  the  measure  merely  to  the  mis- 
taken opinions  of  friends,  and  the  resentful  pol- 
icy of  foes.    There  wos  another  cause  operating 
to  the  same  effect ;  and  the  truth  of  history  re- 
quires it  to  be  told.    There  were  many  members 
cf  Congress  engaged  in  these  land  speculations, 
upon  loans  of  bank  paper ;  and  who  were  un- 
willing to  see  a  sudden  termination  of  so  profit- 
able a  game.     The  rejection  of  the  bill  it  was 
thought  would  be  suiScient ;  and  on  the  news 
of  it  the  speculation  redoubled  its  activity.   But 
there  was  a  remedy  in  reserve  for  the  cure  of 
the  evil  which  they  had  not  foreseen,  and  which 
was  applied  the  moment  that  Congress  was  gone. 
Jackson  was  still  President !  and  he  had  the 
nerve  which  the  occasion  required.     He  saw 
the  public  lands  fleeting  away — saw  that  Con- 
gress would  not  interfere — and  knew  the  major- 
ity of  his  cabinet  to  be  against  his  interference. 
He  did  as  he  had  often  done  in  >'ouncils  of  war 
— called  the  council  together  to  hear  a  decision. 
He  summoned  his  cabinet — laid  the  case  before 
them — heard  the  majority  of  adverse  opinions : 
— and  directed  the  order  to  issue. 
Secretary,  Mr.  Donelson,  was  directed  to  prepare 
a  draught  of  the  order.    The  author  of  this  View 
was  all  the  while  in  the  oflBce  of  this  private 
Secretary.    Mr.  Donelson  came  to  him,  with 


in  the  discovery  of  the  fact,  that  some  tens  of 
millions  of  this  bank  paper  was  on  its  way  to 
the  land-offices  to  be  changed  into  land — when 
overtaken  by  this  fatal  "Specie  Circular,"  and 
turned  back  to  the  sources  from  which  it  c"^lt. 


CHAPTER    CXLVII. 

DEATH  OF  MR.   MADISON,   FOURTH    PKESIDEXT 
OF  THE  UNITED  8TATE8. 


the  President's  decision,  and  requested  him  to 
draw  up  the  order.  It  was  done — the  rough 
draught  carried  back  to  the  council — put  into 
offlciiil  form — signed — issued.  It  was  a  second 
edition  of  the  removal  of  the  deposits  scene,  and 
made  an  immense  sensation.  The  disappointed 
speculators  raged.  Congress  was  considered  in- 
sulted, the  cabinet  defied,  the  banks  disgraced. 
But  the  vindication  of  the  measure  soon  came. 


He  died  in  the  last  year  of  the  second  term  of 
the  presidency  of  General  Jackson,  at  the  aj. 
vanced  age  of  eighty-six,  his  mind  clear  and 
active  to  the  last,  and  greatly  occupied  with 
solicitous  concern  for  the  safety  of  the  Uniun 
which  he  had  contributed  so  much  to  estnliish, 
He  was  a  patriot  from  the  beginning.    "  When 
the  first  blood  was  shed  in  the  streets  of  Boston. 
he  was  a  student  in  the  process  of  his  education 
at  Princeton  College,  where  the  next  year,  lie 
received  the  degree  of  Bachelor  of  Arts.    He 
was  even  then  so  highly  distinguished  by  the 
power  of  application  and  the  rapidity  of  progress, 
that  he  performed  all  the  exercises  of  tlie  two 
senior  collegiate  years   in  one — wi-lle  at  tlie 
same  time  his  deportment  was  so  exemplary, 
that  Dr.  "Witherspoon,  then  at  the  head  of  the 
college,  and  afterwards  himself  one  of  the  most 
eminent  patriots  and  sages  of  our  revolution, 
alvvi*ys  delighted  in  bearing  testimony  to  the  I 
excellency  of  his  character  at  that  early  stage  I 
of  his  career ;  and  said  to  Thomas  JefTerson 
long  aftenvards,  when  they  were  all  colleagues 
in  the  revolutionary  Congress,  that  in  the  whole 
career  of  Mr.  Madison  at  Princeton,  he  liad 
His  private  j^nevor  known  him  say,  or  do,  an  indiscreet  thin?.' ' 
So  wrote  Mr.  John  Quincy  Adams  in  his  dis- 
course upon  the    "Life  of  James  JIadisoii," I 
written  at  the  request  of  the  two  Houses  of 
Congress :  and  in  this  germ  of  manhood  is  to  i 
be  se'     all  the  qualities  of  head  and  heart  which! 
mature  age,  and  great  events,  so  fully  developed,! 
and  which  so  nobly  went  into  the  formation  of  | 
national  character  while  constituting  his  own;! 
the  same  quick  intellect,  the  same  laborious  ap-j 
plication,  the  same  purity  of  morals,  the  sanieT 
decorum  of  deportment.     He  had  a  rare  comJ 
bination  of  talent — a  sneaker,  a  writer,  a  coun-j 
scllor.    In  these  qualitcs  of  the  mind  he  classei 


'     l» 


ANNO  1886.    ANDREW  JACKSON,  PUICSTDENT. 


679 


ry  of  the  fact,  that  some  tens  of 
•8  bank  paper  was  on  its  way  to 
.3  to  be  changed  into  land-when 
this  fatal  "Specie  Circular,"  and 
9  the  sources  from  which  it  c-mc. 


VPTER    CXLVII. 

iK    MAPT90N,   FOUKTII    P11E9IDEST 
)F  THE  UNITED  STATES. 

;ho  last  year  of  the  second  term  of 
icy  of  General  Jackson,  at  the  ad- 
of  eighty-six,  his  mind  clear  and 
10  last,  and  greatly  occupied  witli 
uncem  for  the  safety  of  the  Union 
id  contributed  so  much  to  establish, 
atriot  from  the  beginning.    "  When 
30d  was  shed  in  the  streets  of  Boston. 
udent  in  the  process  of  his  education 
,n  College,  where  the  next  year,  he 
be  degree  of  Bachelor  of  Arts.    He 
then  so  highly  distinguished  by  the 
pplication  and  the  rapidity  of  progress, 
rrformed  all  the  exercises  of  the  two 
iegiate  years  in  one-wuile  at  tl,e 
his  deportment  was  so  exemplary, 
V-ithcrspoon,  then  at  the  head  of  the 
d  afterwards  himself  one  of  the  most 
.atriots  and  sages  of  our  revolution, 
lighted  in  bearing  testimony  to  the 
of  his  character  at  that  early  stage 
leer ;  and  said  to  Thomas  Jefferson 
-ards,  when  they  were  all  colleagues 
lutionary  Congress,  that  in  the  whole 
Mr   Madison  at  Princeton,  he  M 
Iwn  him  say,  or  do,an  indiscreet  thin?.' 
Mr.John  Quincy  Adams  in  his  dis- 
,on  the    "Life  of  James  Madison.^ 
the  request  of  the  two  Houses  of 
and  in  this  germ  of  manhood  15  to 
1  the  qualities  of  head  and  heart  which 

«  and  great  events,  so  fully  developed 
■.so  nobly  went  into  the  formation  of 

character  while  constituting  his  own: 
quick  intellect,  the  same  laborious  ap. 

Jho  same  purity  of  morals,  the  samd 
of  deportment.  He  had  a  rare  con. 
of  talent-a  sneaker,  a  writer,  a  coun. 

fn  these  qualitcs  of  the  mind  he  classed 


with  General  Hamilton ;  and  was,  perhaps,  the 
only  eminent  public  man  of  hi.s  day  who  so 
classed,  and  so  equally  contended  in  three  of  the 
fields  of  intellectual  action.    Mr.  Jefferson  was 
accustomed  to  Bay  he  was  the  only  man  that 
could  answer  Hamilton.    Perspicuity,  precision, 
closeness  of  reasoning,  and  strict  adherence  to 
the  unity  of  his  subject,  were  the  character- 
iiitics  of  his  style ;  and  his  speeches  in  Congress, 
and  his  dispatches  from  the  State  Department, 
may  be  equally  studied  as  models  of  style,  di- 
plomatic and  parliamentary  as  sources  of  in- 
formation, as  examples  of  integrity  in  conduct- 
ing public  questions :  and  as  illustrations  of  the 
amenity  with  which  the  most  earnest  debate, 
and  the  most  critical  correspondence,  can  be 
conducted  by  good  sense,  good  taste,  and  good 
temper.     Jlr.  Madison  was  one  of  the  great 
founders  of  our  present  united  federal  govern- 
ment, equally  efficient  in  the  working  convention 
which  framed  the  constitution  and  the  written 
labors  which  secured  its  adoption.     Co-laborer 
,vith  General  Hamilton  in  the  convention  and 
in  the  Federalist — both  members  of  the  old  Con- 
gress and  of  the  convention  at  the  same  time, 
and  working  together  in  both  bodies  for  the  at- 
tainment of  the  same  end,  until  the  division  of 
parties  in  Washington's  time  began  to  estrange 
uld  friends,  and  to  array  against  each  other 
former  cordial  political  co-laborers.     As  the 
tirst  writer  of  one  party,  General  Hamilton 
wrote  some  leading  papers,  which,  as  the  first 
writer  of  the  other  party,  Mr.  Madison  was 
called  upon  to  answer :  but  without  forgetting 
on  the  part  of  either  their  previous  relations, 
their  decorum  of  character,  and  their  mutual 
respect  for  each  other.    Nothing  that  either 
said  could  give  an  unpleasant  personal  feeling 
to  the  other ;  and,  though  writing  under  bor- 
rowed names,  their  productions  were  equally 
known  to  each  other  and  the  public ;  for  none 
but   themselves    could    imitate     themselves. 
Purity,  modesty,  decorum — a  moderation,  tem- 
perance, and  virtue  in  every  thing  —  were  the 
characteristics  of  Mr.  Madison's  life  and  man- 
neis;  and  it  is  grateful  to  look  back  upon 'such 
elevation  and  beauty  of  personal  character  in 
the  illustrious  and  venerated  founders  of  our 
Republic,  leaving  such  virtuous  private  charac- 
ters to  be  admired,  as  well  as  such  great  works 
to  be  preserved.     The  offer  of  this  tribute  to 
the  memory  of  one  of  the  purest  of  public  men 


Is  the  more  gratefully  renderetl,  private  reasons 
mixing  with  considerations  of  public  duty.  Mr. 
Madi.son  is  the  only  President  from  whom  ho 
ever  asked  a  favor,  and  who  granted  immediately 
all  that  was  asked—"  lieutenant-colonelcy  in 
the  army  of  the  United  States  in  the  late  war 
with  Great  Britain. 


CHAPTER  CXLVIII. 

DEATH  OF  MU.  MONROK,  FIFTH  PRESIDENT  OF 
THE  UNITED  STATES. 

He  died  during  the  first  terra  of  the  ad- 
ministration of  President  Jackson,  and  is  ap- 
propriately noticed  in  this  work  next  after  Mr. 
Madison,  with  whom  he  had  been  so  long  and 
so  intimately  associated,  both  in  public  and  in 
private  life ;  and  whoso  successor  ho  had  been 
in  successive  high  posts,  including  that  of  the 
presidency  itself.  He  is  one  of  our  eminent 
public  characters  which  have  not  attained  their 
due  place  in  history  ;  nor  has  any  one  attempted 
to  give  him  that  place  but  one — Mr  John  Quincy 
Adams — in  hi.  discourse  upon  the  life  of  Mr. 
Monroe.  Mr.  Adams,  and  who  could  be  a  more 
competent  judge  ?  places  him  in  the  first  iine 
of  American  statesmen,  and  contributing,  during 
the  fifty  years  of  his  connection  with  the  public 
afiairs,  a  full  share  in  the  aggrandisement  and 
advancement  of  his  country.  His  parts  were 
not  shining,  but  solid.  Ho  lacked  genius,  but 
he  possessed  judgment :  and  it  was  the  remark 
of  Dean  Swift,  well  illustrated  in  his  own  case 
and  that  of  his  associate  friends,  Harley  and 
Bolingbroke  (three  of  the  rarest  geniuses  that 
ever  acted  together,  and  whose  cause  went  to  ruin 
notwithstanding  their  wit  and  eloquence),  that 
genius  was  not  necessary  to  the  conducting  of  the 
afiairs  of  state :  that  judgment,  diligence,  know- 
ledge, good  intentions,  and  will,  were  sufBcient. 
Mr.  Monroe  was  an  instance  of  the  soundness  of 
this  remark,  as  well  as  the  three  brilliant  geniuses 
of  Queen  Anne's  time,  and  on  the  opposite  side 
of  it.  Mr.  Monroe  had  none  of  the  mental 
qualities  which  dazzle  and  astonish  mankind ; 
but  he  had  a  discretion  which  seldom  committed 
a  mistake — an  integrity  that  always  looked  to 
the  public  good — a  firmness  of  will  which  car- 
ried him  resolutely  upon  his  object — a  diligence 


C80 


THIKTV  YKAUS'  VIEW. 


pi 


that  nmstiTod  every  Bubji'ct — iiiid  ii  perHevenuico 
timtyii'ltk'il  to  no  ulmtiu-le  or  reverHe.  He  iK'gun 
hin  |iatri(itic  cnreor  in  the  niilitiiry  Hervice,  nt  tl>e 
connneiicciiieiit  of  the  war  of  the  revohition — 
went  into  the  general  OHsenihly  of  \m  native 
State  nt  an  early  ago — and  thence,  while  still 
young,  into  the  continental  CongresH.  There 
he  Hhowed  hin  character,  and  laid  the  foundation 
of  hiu  fiitinc  |K)litioal  fortuncH  in  his  unconipro- 
niising  oppoHition  to  the  plan  of  a  treaty  with 
Spain  by  which  the  navigation  of  the  MisHiHslf)- 
pi  wiiH  to  be  given  <ip  for  twenty-five  years  in 
return  for  commercial  privileges.  It  woh  (he 
(jualities  of  judgment,  and  jR-rseverance,  which 
he  displayed  on  that  occasion,  which  brought 
him  those  calls  to  diplomacy  in  which  ho  was 
nflerwnrds  so  much  employed  with  three  of  the 
then  gi-eatest  Kuropcan  powers — France,  Spain, 
Givat  iiritain.  And  it  was  in  allusion  to  this 
circumstance  that  President  Jefferson  after- 
wards, when  the  right  of  deposit  at  New  Orleans 
had  been  violatc<l  by  Spain,  and  when  a  minrstcr 
was  wanted  to  recover  it,  said,  "  Monroe  is  the 
man:  the  defence  of  tho  Mississippi  belongs  to 
him."  And  under  this  appointment  he  had  the 
felicity  to  put  his  name  to  tho  treaty  which  se- 
cured the  Mississippi,  its  iiaviga<  .on  and  all  the 
territory  drainc«l  by  its  western  waters,  to  the 
Unite  \  States  for  ever.  Several  times  in  his  life 
he  seemed  to  miscai.y,  and  to  fall  from  the 
top  to  tho  bottom  of  the  |)olitical  ladder :  but 
always  to  renscend  as  high,  or  higher  than  ever. 
Recalled  by  Washington  from  the  French  mis- 
•*ion.  to  which  ho  had  been  appointed  from  the 
Senate  of  tho  United  States,  he  returned  to  the 
starting  point  of  his  early  career — the  general 
assembly  of  his  State — served  as  a  member  from 
his  county — was  elected  Governor;  and  from 
that  post  restored  by  Jefferson  to  tho  Fn.'nch 
mission,  soon  to  bo  followed  by  the  embassies 
to  Spain  and  England.  Becoming  estranged 
from  Mr.  Madison  about  tho  time  of  that  gentle- 
man's first  election  to  tho  presidency,  and  hav- 
ing returned  from  bis  missions  a  littlo  mortified 
that  Mr.  Jefferson  had  rejected  his  British  treaty 
without  sending  it  to  the  Senate,  he  was  again 
at  the  foot  of  tho  political  ladder,  and  apparently 
out  of  favor  with  those  who  were  at  its  top. 


Nothing  despairing,  he  went  back  to  tlie  o|,| 
starting   point— served   ognin    in   the    Virt;iiiiu 
general  assembly — was  again  elected  flovernor: 
and  from  that  post  was  calle<i  to  the  caliinet  or 
Mr.  Madison,  to  Ik;  his  double  Secretary  of  Stiite 
and  War.     He  was  the  ett'ective  jwwer  in  the 
declaration  of  war  against  Great  Britain.    Ills 
resiflence  abroad  had  shown  him  that  uiiavciipd 
British  wrongs  was  lowering  our  character  wit!i 
KuroiK',  and  that  war  with  the  "  mistress  of  i1k> 
seas  "  was  as  necessary  to  our  respectability  In 
the  eyes  of  the  world,  as  to  tho  secunty  of  our 
citizens  and  commerce  upon   the  ocean.    ]|e 
brought  up  Mr.  Mailison  to  tho  war  point.    He 
drew  the  war  report  which  tho  committee  on 
foreign  rcdations  pn>sented  to  tho  House— that 
report  which  the  absence  of  Mr.  Peter  B.  Porter 
the  chainnan,  and  th«  hesitancy  of  Mr.  Grundv 
tho  second  on   tho  committee,  threw  into  tho 
hands  of  Mr.  Calhoun,  tho  third  on  the  list  and 
tho  yo>mgest  of  the  committee ;  and  the  prc- 
sentatiim  of  which  immediately  gave  him  a  na- 
tional reputation.     Prime  mover  of  tho  war,  ho 
was  also  one  of  its  most  efficient  siipportciM, 
taking  upon  himself,  when  adversity  pressed, 
the  actual  duties  of  war  minister,  financier,  and 
foreign  secretary  at  tho  same  time.     He  was  nn 
enemy  to  all  extravagance,  to  all  intrigue,  to  all 
indirection   in  tho   conduct  of  business.    Mr. 
.Jefferson's  comprehensive  and  compendious  eii- 
logium   upon  him,  as  brief  as   true,  was  the 
faithful  description  of  the  man — "  honest  and 
brave."     Ho  was  nn  enemy  to  nepotism,  and 
no  consideration  or  entreaty — no  need  of  the 
support  which  an  office  would  give,  or  interces- 
sion  from  friends — could  ever  ind.ice  liim  to 
appoint  a  relative  to  any  place  under  the  gi> 
vernment.     Ho  had  opposed  tho  adoption  of 
the  constitution   until  amendments  were  ob- 
tained ;  but  these  had,  ho  became  one  of  its 
firmest  supporters,  and  labored  faithfully,  anx- 
iously and  devotedly,  to  administer  it  in  its  puri- 
ty.  Ho  was  the  first  President  under  whom  the 
author  of  this  View  served,  commencing  his  first 
senatorial  term  with  the  commencement  of  the 
second  presidential  term  of  this  last  of  the  men 
of  the  revolution  who  were  spared  to  fill  tlicofllce 
in  the  great  Republic  which  they  had  foundei 


ANNO  1886.     ANDREW  JACKSON,  I'ltlvSIDKNT. 


C81 


irinK,  he  went  Imck  to  U>o  oM 
-Korvcil  ni?ain   in  l»»o   Virp;iiii» 
ly_wuH  atiuin  clfited  Oovi'iiicr: 
,ost  waH  cuU«»  to  the  ciihiiu-t  of 
,  t,e  hiH  a.)ublo  Secretary  «.f  State 
WHS  the  effective  power  in  llu- 
war  againBt  Great  Britain,    llin 
wl  ha.1  Hiiown  him  that  unaveiiRv,! 
<  was  lowering  our  character  wit!i 
mt  war  with  the  "  iniHtrcHS  of  tlw 
necessary  to  our  respectability  in 
,0  worhl,  as  to  the  Becurity  of  .mr 
commerce  ujwn   the  owan.    lie 
Ir.  Madison  to  the  war  point.    Ho 
report  which  the  committee  on 
,nB  presented  t(»  the  House-that 
the  absence  of  Mr.  Peter  B.  Porter, 
,and  thu  hesitancy  of  Mr.  (Irumly, 
an   the  committee,  threw  into  tlie 
Calhoun,  the  third  on  the  list  and 
t  of  the  committee ;  and  the  pre- 
which  immediately  gave  him  a  Pa- 
ction.    Prime  mover  of  the  war,  ho 
c  of  its  most  efficient  Bupportel^ 
,  himself,  when  adversity  prissd, 
luties  of  war  minister,  financier,  m\ 
ctary  at  the  same  time.     He  was  an 
II  extravagance,  to  all  intrigue,  to  nil 
in  the  conduct  of  business.    Mr. 
comprehensive  and  compendious  eu- 
m  him,  M  brief  as  true,  was  the 
icription  of  the  man-"  honest  and 
e  was  an  enemy  to  nepotism,  and 
•fttion  or  entreaty-no  need  of  the 
ich  an  office  would  give,  or  intcrccs- 
friends— could  ever  ind.ice  liim  to 
elfttive  to  any  place  under  the  ijo- 
llc  had  opposed  the  adoption  of 
lution  until  amendments  were  ob- 
these  had,  ho  became  one  of  its 
morter8,and  labored  faithfully,  anx- 
Icvotedly,  to  administer  it  in  its  pvm- 
the  first  President  under  whom  the 
nis  View  served,  commencing  his  first 
erm  with  the  commencement  of  the 
idential  term  of  this  last  of  the  men 
utionwhowercsparedtof.lltl.coffi«. 
Republic  which  they  had  foundei 


CHAPTER    CXLIX. 

DKATII  OP  CIIIKK  JUHTICK  MAUHirALU 

Hr.  died  in  the  middle  of  the  second  term  of 
General  Jackson's  presidency,  liuving  Iwen  chief 
justice  of  the  Supremo  Court  of  the  United 
States  full  thirty-five  years,  presiding  all  the 
while  (to  use  the  inimitable  language  of  Mr. 
Ilamlolph))  "with  native  dignity  and  iinpre- 
limling  grace."     Ho  was  supremely  fitted  for 
high  judicial  Htati(m : — a  solid  ju<lgment,  great 
reasoning  iM)wers,  acute  and  jicnetrating  mind : 
with  manners  and  habits  to  suit  the  purity  and 
the  sancity  of  the  ermine : — attentive,  patient, 
laborious :    gravu  on  the  bench,  social  in  the 
intercourse  of  life:  simple  in  his  tastes,  and  in- 
exorably just.     Seen  by  a  stranger  come  into  a 
ruom,  and  he  would  be  taken  for  a  modest  coun- 
try gentleman,  without  claims  to  attention,  and 
ready  to  take  tho  lowest  place  in  company,  or 
tt  tabic,  and  to  act  hiu  part  without  trouble  to 
my  body.    Spoken  to,  and  closely  observed,  he 
would  bo  seen  to  bo  a  gentleman  of  finished 
breeding,  of  winning  and  prepossessing  talk,  and 
just  as  much  mind  as  tho  occasion  required 
liim  to  show.    Coming  to  man's  estate  at  the 
Ijtginning  of  tho  revolution  ho  followed  the  cur- 
rent into  which  so  many  young  men,  destined 
to  become  eminent,  fo  ardently  entered ;  and 
served  in  the  army,  and  with  notice  and  obser- 
vation, under  the  eyes  of  Washington.     Elected 
to  Congress  at  an  early  ago  he  served  in  the 
House  of  Representatives  in  tho  time  of  tho 
elder  Mr,  Adams,  and  found  in  one  of  the  pro- 
minent questions  of  the  day  a  subject  entirely 
fitted  to  his  acute  and  logical  turn  of  mind — the 
|asc  of  the  famous  Jonathan  Robbins,  claiming 
I  to  be  an  American  citizen,  reclaimed  by  the 
[British  governmeni  as  a  deserter,  delivered  up, 
iind  hanged  at  the  yard-arm  of  an  English  man- 
of-war.    Party  spirit  took  up  the  case,  and  it 
jwag  one  to  inflame  that  spirit.    Mr.  Marshall 
ke  in  defence  of  tho  administration,  and 
Imade  the  master  speech  of  the  day,  when  there 
Iwere  such  master  speakers    in  Congress   as 
[Madison,  Gallatin,  William  B.  Giles,  Edward 
iLivingDton,  John  Randolph.     It  was  a  judicial 
|Nbjcct,  adapted  to  the  legal  mind  of  Mr.  Mar- 
liliil!,  requiring  a  legal  pleading :  and  well  did 
liie  plead  it.    Mr.  Randolph  has  often  been  heard 


to  say  that  it  distanced  com|ictition — leaving  all 
aNMiM'iates  and  op|M>iients  far  bebinrl,  and  carry- 
ing the  case.  Scldnm  lias  one  speech  bi-oiight 
so  much  fame,  and  high  appointment  to  any  ono 
man.  When  he  had  delivered  it  his  reputation 
was  in  the  zenith :  in  less  than  nine  brief 
months  thereafter  he  was  Secretary  at  War, 
Secretary  of  State,  Minister  to  France,  and  Chief 
Justice  of  tho  Supn-nie  Court  of  thu  United 
States.  Politically,  he  classed  with  the  federal 
party,  and  was  one  of  those  high-minded  and 
patriotic  men  of  that  jiarty,  who,  acting  on 
principle,  comiimnded  the  resiMJct  of  those  evoa 
V,  ho  deemed  them  wrong. 


CHATTER    CL. 

DEATH  OF  cot,.   IMIUU,  TIIIKD  VICK.pnKSIDENT 
OK  TUK  IINITKU  BTATKB. 

Hk  was  one  of  tho  few  who,  entering  the  war 
of  indepenilenco  with  anlor  and  brilliant  pros- 
pects, disappointed  tho  expectations  he  had 
created,  dishonored  the  cause  ho  hwl  espoused, 
and  ended  in  shame  the  career  which  he  ha<l 
opened  with  splendor.  Ho  was  in  the  adven- 
turous expedition  of  Aniold  through  the  wilder- 
ness to  Quebec,  went  ahead  in  the  disguise  of 
a  priest  to  give  intelligence  of  the  approach  of 
aid  to  General  Montgomery,  arrived  safely 
through  many  dangers,  captivated  the  General 
by  the  courage  and  address  which  he  had  shown, 
was  received  by  him  into  his  military  family ; 
and  was  at  his  side  when  he  was  killed.  Re- 
turning to  the  seat  of  war  in  the  Northern 
States  he  was  invited  by  Washington,  captiva- 
ted like  Montgomery  by  the  soldierly  and  intel- 
lectual qualities  he  had  shown,  to  his  head- 
quarters, with  a  view  to  placing  him  on  his 
stafTj  but  he  soon  pereeived  that  the  brilliant 
young  man  lacked  principle ;  and  quietly  got 
rid  of  him.  The  after  part  of  his  life  was  such 
as  to  justify  the  opinion  which  Washington  had 
ibrmcd  of  him ;  but  such  was  his  address  and 
talent  as  to  rise  to  high  political  distinction: 
Attorney  General  of  New- York,  Senator  in 
Congress,  and  Vice-President  of  the  United 
States.  At  the  close  of  the  presidential  election 
of  1800,  he  stood  equtl  with  Mr.  Jefferson  in 
the  vote  which  he  received,  and  his  undoubted 


G82 


TIlIltTY  YKAIIH'  VIKW. 


m 


mm 

WmW^ 

k 

VS^Pnul 

<^y 

'pntw  f 

mid 

I^M^ 

at 

RiirocHmir  nl  fli(i  ciu!  of  Mr.  .Toffi-rKoii'H  tcnii. 
Diit  llii'K'  liJH  lioimrs  <-uin<-  In  ii  hIiukI,  ami  limli 
a  (iowiiwiinl  liirii,  nor  rfuxcd  (IcHi'iriiliiiK  until 
lie  wiiM  Imnlffl  ill  tln>  nhysn  of  simiiic,  iiiiHcry, 
Riiil  (IcNoliitioii.  II)-  iiitri;;iii<(l  with  tlio  fiilii'iil 
luts  Jo  Hii|>|)liiiil  Mr.  •Jcllirsoii — lo  (j;ct  llio  \i\nrv 
of  I'rcMidfiif,  for  wliii-li  ho  hud  not  rcccivtil  n 
Kinf^li!  vote — wiiM  HiiH|H'ftrd,  dclcctt'd,  Imlllfd — 
lost  tlut  n'M|i('ct  of  hin  pitrty,  and  was  thrown 
u|)oii  criiiii'M  to  rtcovcr  a  poHitioTi,  or  to  iivonnc 
liirt  loHHCht,  Thn  tnaHonahlr  attciii|it  in  llu- 
Wi'Ht,  and  thd  killing  of  (icncral  llainillnn, 
ended  hirt  raivrr  in  tlio  llnilid  StatiM.  Hut 
althoii)(li  he  had  dcnivcd  llir  iiiiimhcm,  and 
rt'iu'hcd  till!  mcoiid  olllct"  of  thu  i^ovi'miiii-nt, 
with  tho  cfrtaiiity  of  attaining  Ihi*  fliHt  il  he 
only  remained  still,  3'et  there  were  Konie  ehme 
ohnervei'H  whom  he  never  di'eeiverl.  The  early 
tniHtriiMt  of  Washington  has  hciMi  tneiitinned : 
It  iM-eame  stroiifjer  aH  Ihirr  inonnted  hij^her  in 
thu  pnhlic  favor;  and  in  I7')(,  when  a  nenator 
iii  (Jon^'iesH,  and  when  the  reimhliran  party  had 
taken  him  for  their  clioiee  for  the  I'Veneh  rniHsinn 
In  the  jilnee  of  Mr.  Monror-  reenlled,  and  had 
Kent  a  committee  of  whieh  Mr.  Madison  was 
rhief  to  ask  hiH  nominntion  from  Washington, 
that  wise  nml  virtuous  man  peremptorily  re- 
fused it,  K'vin;?  as  a  catep;oriraI  reason,  that  his 
rule  was  invarinhle,  never  to  apjxtint  an  im- 
moral man  to  any  ofllre.  Mr.  .lollerson  liad  the 
Hame  ill  opinion  of  him,  and,  notwilhstari'lin;;  his 
party  zeal,  alwayH  considered  him  in  inarki^t 
when  tho  federaliHts  had  any  hi^h  office  to 
ItcHtow.  Hut  Oencral  Hamilton  was  most 
tjioron^hly  imhiied  with  a  Hense  of  his  nn- 
worthiiiesH,  and  deemed  it  due  to  his  country  to 
Imlk  his  (doction  over  Jefferson ;  and  did  ^o. 
HiH  letters  to  the  federal  memhers  of  (!on^ress 
painted  Hurr  in  his  trno  character,  and  dnHhcd 
far  from  his  pT'asp,  and  forever,  thi;  pildi^l  priw 
his  hand  wnH  touching.  For  that  frustration 
of  his  hopcH,  four  years  afterwards,  ho  killed 
namilton  in  a  duel,  havinp;  on  tho  part  of  Ihirr 
tho  spirit  of  an  assasHination — cold-hlooded,  cal- 
culated, revenfreful,  and  falsely-pretexted.  He 
allpRed  Homc  trivial  and  recent  matter  for  the 
challcnKo,  such  ns  would  not  justify  it  in  any  code 
of  honor;  anfl  went  to  the  (ijround  lo  kill  upon 
an  old  Kriidgo  which  he  was  ashamed  to  avow. 
Hard  was  the  fate  of  Hamilton — losinp  his  life 
at  the  early  age  of  fort  /-two  for  having  done 
justice  to  his  country  in  the  person  of  the  man 


to  whom  he  stood  inost  politically  oppoMid,  iini) 
the  eliirf  of  the   party  l>y  which   he   hud    Imoi 
eoiiHtraineil  to  retire  from  thu  sceiii)  of  puhlin 
life  lit  the  up-  of  thirty  four     the  ii^e  at  wliiili 
iiinst  others  liej^in  it — he  having  ace'ifuplisiKil 
Ki^^anlic  works.    He  was  the  man  inoHtemiiK ntly 
ami  variously  endowed  of  all  the  emim  nt  imii 
of  his  day-  •  at  once  soldier  and  Mlaledman,  wil  h  n 
head  lo  conceive,and  a  hand  to  execute :  a  u  1  iii  r 
an  orator,  ajurist:  an  or^ani/.iii;<  mind,  alilc  lii 
(jrasp  the  ^'lealest  system  ;  and  adiniiiihlialJvi 
t't  execute  till!  Ninallest  details:   wholly  luriiil 
to  the  practical  husiness  of  life,  and  with  a  en- 
parity    for    application    and    prodm^iion   uhjili 
teemed  with  j;i>;antic  lahors,  each  worthy  to  U. 
till'  Kole  prodii(;t  of  a  single  master  inlelltct ;  Imi 
lavished  in  litters  from  the  ever  teeiiiinj;  f  rm^ 
dity  of  his  prolidc  ^enuis.     Hard  his  fati',  wIkh 
witlidrawiii)^   from   piihlic   life   at    the   m^'c  of 
thirty-four,  he  fell  himself  constrained  to  ii|(p(.,,| 
to  posterity  for   that  justice  whirh  roiiti'iii|iii- 
rarii's  withhehl  from  him.     And  the  appiiilMai 
not  in  vain.     Statues  rise  to  his  memory:  lii^ 
tory  emhalms  his  name:  posterity  will  do  ju.. 
tice  to  the  man  who  at  the  a>^e  of  twenty  vm 
"  the  principal    and   most   ('onfidenlial   aid  fif 
VVashin;^foii,"  who  retained  the  love  and  (onli 
dence  of  the  Father  of  his  country  to  thi!  Lxst; 
and   to  whom   honorahle  opponents,  while  (,|^ 
posinj^  his  HystcniH  of  policy,  aticorded  lion.r 
and  patriotism,  and  social  airections,  and  lim^ 
."•cendental    ahilities. — This  idiapter   wan  (okv- 
menced  to  write  a  notice  of  the  character  of 
(/'olonel   Uiirr;    hut  that  suhject  will   not  n- 1 
main   iimh'r  the  .     At   the  apiiearann:  of  | 

that  name,  the  ,' piril  of  Hamilton  slarts  iipii 
rehiike  the  intrusion — to  drive   hack   the  fml 
apparition  to  its  gloomy  ahodi! — and  to  conctn-l 
tralu  nil  generous  feeling  on  itself. 


C  II  APT  K II    CLI. 

DKATII  OK  WIU-IAM  M.  UlLKH,  OV  VIltOINIA. 

Ur.  also  died  under  tho  presidency  of  Ocwnlj 
Jackson.  He  was  one  of  the  cnrmiiit  imUal 
men  coming  upon  the  stage  of  action  with  ttioj 
establishment  of  the  new  constitution— wilhj 
the  change  from  a  League  to  a  Union ;  from  tlij| 
confederation  to  tho  unity  of  tho  .Stalf»— aii(l| 


ANMi   Im:iiV     ANIHIKW  JACKSON.  rUlvMIId'.NT. 


<;h3 


\w  j.ftiiy  I'y  wi>i«»>  •'•'  '"*''  '•" " 

„  ritiiv  fioin  lilt'  HCi'm  <if  I'Ml.lir, 

.  „r  tliiiiy  lo'"'    '•"■  "►^''  "'•  *^''''''' 

lM.^;ill    it— »!•'  I"»vil>>!;    IMT'.inj.liMl,,,! 

K.    lie  wiiM  llu"  miin  iiiiit«l.»niiimilly 
/ni.lowr.l  of  all  tl"'  «niin.i.l  u.ni 
t  oiin-  Kold'nT  iukI  «tuli-(«iimn,  will. » 
.iv««,un.liihuii.U.M-xrnilr:iiwiil,r, 
lurml:  uii  ..r^^aiti/.iiiK  min'l,  nl-lr  U, 
riilrHl  syslcni ;  uikI  iwliiiiniHliuliv., 
„„  Hliuill.-sl,  .IrtiiilH-.  wlM.lly  turiH4 
Will  iM.sinrsH  of  lifo,  uixl  willui  o 
„IH)rwiili"i»    uiiil   i.n.dudioii   wl.idi 
,  niniiiilic  Ifih'.rH,  rucli  worlliy  IoIk. 
liictof  a  hiii^^lfiuMHtcr  intillicl ;  W 
littiTH  from  Iho  ever  l.fiiiiii>;  fr.Mii. 
.n.lillf  Kcniii-t.     Iliinlhis  fat.-,  wliin, 
1^   fn.m  i.iil'li"  I'l"*'   at.  Mm-  !.«.•  ..f 
Ik-  f,.liliiiim(-ir<'<'MHlraincaiou|iH 
y  for  Unit  jiiHlico  wlii''l"  <'milfiii|,o- 
|„-M  rn.m  liiin.     Ah'I  i1mmiii|«!iI  w;i, 
StatiifH  ris«)  to  liin  imiiK.ry.  In. 
I'.nH  JiiH  iiani.-:  |.(mt,.-rily  will 'Im'i 
.  ,„an  wl...  at  Uio  aK«-  «f  tw.-nly  wm 
ripiil    Hixl   iiioMt   rot.llilfiiliiil    i'i'l  "f 
,n,"  wlio  n-laino<l  tin-  l"V«i  uihI  ronli 
h,'-  FatlKT  of  li'm  ciomitry  to  tlw  lust; 

villi  lionorul.h-  oi'I" '>t^  \^''''''  "1'^ 

HynU'tm  of  I.'.li<-y,  iwror.l.d  liMii.r, 
[.Uhiii,  and  Hocial  ain-ctioi.M,  aii>l  \m, 
al.iiiti»-s.— TliiH  •'Imp'''''  "'^'*  "'"*■ 
writer  a  notico  of  th.'  clmnictorhf 
,„.,.;    »,ut   that  Hiil.j.rt  will   u<-l  n^ 
I,.,,  (ho         .     At   tlic  nii|)cur!iii(c  of 
tin-  rpiritof  Ilainiltoii  nlails  up  I, 
I,,  -...(....sioM-to  (Irivf.  lack   tho  f.il 
to  itH  gloomy  alxxlo— ii'i'l  I"  <='""'"■ 
-iicroim  fciilinj;  on  itHclf. 


D'ltM  nnr  of  (III*  inoHt  4'on^'|li^l|l)nN  in  I lu- early 
kiiiiiiIh  of  our  ('oii).'ri'SH.     lii*  IukI  timl   kind  of 
KiirnkiiiK  lidinl  wliiili  In  niiml  ttiii-liv*-  m  l*'gi'< 
Intivt'    liodii-N,  and   wliiili   iM  ho  diffi-ritil  from 
.i'l  M|>i-<ikiM){.     Ill*  w'liM  n  di'liiilir;  and  wmm  om 
.iilrn-d  l>y  Ml-  llandolpli  l<>  li*-,  in  our  IJonNi*  of 
llipn  M-nlativi-H,  wlial.  Cliarit-^  l-'ox  \vb-«  udrnil 
till  to  Ik*  in  tlin  Itritirtli  llonst*  of  roinrnonH: 
till-  nioNt  a<-roni|iliM|i«'d  drliuli-r  wliii-h  lii-<  mnn 
try  liad  i-vi-r  Mrt-n.     Itiit   lli<  ir  H<-(|tiin-d  advan- 
lapcM  wi-rc  v«-ry  flilft-n-nt,  and   tlii-ir  hcIiooIh  of 
|ini<li<''' viry  o|iposilt-.     Mr.  I'ox  |K-rfi-(rt(-d  liini 
sdf  in  tin-   llouM-,  M|H'akin>;  on  i  very  huI»j»<'1  ; 
Mr.  (lilcH  out  of  tin*   llonKi-,  lalkin^  lu  <-vrry 
liody.     Mr.  Kox,  a  ri|M-  Hfliolar,  uddirlcd  to  lilcr- 
iliirt',  and  inilnit-d  with  all  tin*   iiarnin);  of  ail 
ilii- (la- HicH  in  all  time;  Mr.  (iiU-M  ni-itht-r  n-ad 
nor  rtiidird,  Imt  lalki-d   iiH-i'H>anlly   with  nltlr 
iiK'ii,  ralliir  d(-l)atin){  willi  llnni  nil  tlu*  \vlii!(- : 
imi  dn*w  from  lliiH  Konrn*  of  informal  ion,  and 
finia  111''  n-ady  jiowci-h  of  lii-i  min<l.  tin*  am|ili* 
iiiriiiiH  of  H|nakinK  on  cvrry  MuKjcct  with   Ihi- 
fnlm-HM  which  tin*  orraHion  ri-i|nin-d,  tin-  f|ni(k 
mm  whif-h  (-onfoumlH   an   advi-rMnry,  anri    tin* 
I  (ircrt.  whirh   a   iirk   iti   time  alwayH  |irodn<-«-H. 
Ill' liiKJ  th(*  kind  of  tah-nt  whirh  wan  ncw-H-ary 
1 1,  npni|tliti-  tin*  rirch*  of  all  HortM  of  ahility 
nhirh  KiiKtuinrd  tin*  adininiHtration  of  Mr.  .Icf 
rrioii.     Macon   waH  wiH«-,   Itandolph   hrilliant, 
liallntin  and    Madinon   ahio  in  ar^iinMrnt ;  hut 
GilnH  wftH  the  ready  rhanipion,  alwayH  ripti  for 
I  tin-  coinhat— alwayH  furnished  with  the  rr-ady 
r|iann<*  to   m(*«-t   (■v«!ry   hill.      He  huh   lonj^   a 
inii'irilK-r  of  th(*  IIoumo  ;  thmi  w-nator,  and  >[;ov- 
mi'ir;  ami  di(-d  at  an  advanced  a^c,  like  Patrick 
llldiry,  without  doin«  JiiKtico  to  his  ^'r-nins  in 
Ilk  IranftmiMMion  of  hin  hiliopH  to  poHtcrity  ;  Im*- 
LiiHf,  lik(*  Henry,  he  ha<l  hc-en  dellcient  in  (idn- 
iti'Mi  and  in   reading.     Me  was  the  intimaUi 
Ifriinil  of  all  the  eminent  men  of  hi.-t  day,  which 
.iiiru  i(  iitly  iMjHiM^akH  him  a^^etitleman  of  mamierH 
hill  heart,  an  well  oh  a  KtatCHman  of  head  and 

It'iIIJ^lC. 


OlIAPTKll    CLI. 

l,K  WIIXIAM  ».  OII-KH,  UV  VIUOINIA. 

Hied  under  the  presid.=ncy  of  (U-vM 
1  lie  waH  one  of  the  (eminent  pul.lBl 
Lr  upon  the  statue  of  action  will.  Iho 
\cnt  of  the  new  conHtitulion-wilHI 
from  a  League  to  a  Union;  from  tl'i 
i<,n  to  tho  unity  of  tlio  Stalcs-ai.d 


(J  II  APT  K  II    OLII. 

I'ltKHIDKNTIAL  KLKcmON  UV  \H'M. 

IMr.Va.s  HiniK.N  waH  the  candidate!  of  the  demo- 
Imiic party;  General  Ilarrinon  thecandiilatoof 


ihi*  op|Ki.>iitii>n  ;  and  Mr.  IIukIi  I..  While  llml  of 
a  frii^>;ment  of  I  III*  deupH-rni-y.     Mr.  \'un    Itiinii 
wii  1  eli-rlr-ij,  rei-eivin);  one  hiindt'i'd  and  Mi-u-nly 
electoral  voten,  to  Hi-venly  three  >(ivtn  (o  (Jim-- 
nil  lliirrifon,  iind  twenty  nIii  ^iven  to  Mr.  W'liile. 
The  Mali-H   voting  for  eiw-h,   wen*:     Mr.   Van 
lliiii-n  :  Maine,  Nnw  Hampshire,  Khode  iMtmid, 
<!onneeliriit,  New  York,  I'eniiMylvania,  Vir^'inift, 
North  Ciirolinti,  l.oiiiMiana,  MiHinnippi,  MlinoiM, 
Alahania,  MiNMoiiri,  MiehiKun,   Arkiinii-*.      For 
Oeniriil  llarriHon:  Vermont,  New  .lerw-y,  Idlii- 
war.-,  Maryliind,  Kentucky,  Ohio,  Indimm.      I'or 
Ml.  White:  (Jeorniaand 'ri-niii'Huie,     MaN^achn- 
Hi-ttH  coniplimeiited  Mr.  Wehster  hy  heMtowiiij; 
her  foui'leen  voteH  u|Min  him;  and  South  <'iiro- 
liiia,  iiH   in   the  two  preo<'din;;  election-*,  threw 
her  volt*  away  upon  a  citixen   not  a  candidiite, 
and   not  a  child  of  her  Moil — Mr.   Miinviim  of 
North  ('arolina — diMiippoinlin;):  thi-  expei  liiiiiiiiH 
of  Mr,  Wliile'n  friendn,  w  Iiomc  xlnndint'  for  the 
presidency  had  heen  inMli);aledlpy  Mr. Calhoun,  to 
divide  the  democratic  party  and  def  al  Mr.  \  an 
liiiren.     (lolonel   Uichard    M.  .lohiiHon,  of  Ken- 
tucky, wan  the  deinoitratii!  nindidale  for  the  vlce- 
prenidency, and  received  one-  hiindrefl  nnd  forty- 
Meven  voten,  whi<*h,  not  Irt-iii)?  a  mnjority  of  the 
wholt-  niimher  of  ■, oten  f^iven,  the  ele(-tioii  wan 
referred  to  the  Senate,  to  chooHi*   hetween  the 
two  liij.dieHl  on   the  lint ;    and   that   hody  heiii|; 
iarj^'cly  democratic,  he  wiih  duly  elected  :   reci-iv- 
hm   thirty-three    out    of   forty  nine    Hi-niitorial 
votiH.     'I'he  rcMt  of  the  vici-preMidenliMl  vole,  in 
the  ehictoral   coIIi-^cm,  had   heen   hetwi  en    .Mr. 
I'Vancis  (iranp;er,  of  New   York,  who  received 
Hevi^nty-Hcven  voIch  ;  Mr.  John  Tyler,  of  Virj.':i- 
nia,  who  received  forty-Hcven  ;  and  Mr.  William 
Smith,  of  South  (-'arolina,  eomplimented  hy  Vir- 
(<inia  with  her  twenty-three  vot<*H.     Mr.  (iran- 
ger,  heing  the  next  hij^heKt  on  the   HhI,,  after 
(/'olonel  .fohiiHon,  wiih  voted  for  iw  one  of  the  two 
referred   to  the  Senate;    and  received  Hixteen 
vol,<*H.     A  liHt  of  the  nenatorH   voliriK  for  each 
will  nhow  the  Htren«th  of  the  rcHfx-ctive  piirtieH 
in  the  Senate,  at  the  approiichinj;  (*nd  of  Prr-Hi- 
dent  .laekHon'HadminiHtration  ;  and  how  HifntuUy 
all  tho  elTortH  intended  to  overthrow  him  had 
ended  in  the  di-icomflture  of  their  author <,  and 
converted  on  ahHoliite  majority  of  the  whole 
Senate  into  a  mennre  minority  of  on*    third. 
The  voteH  for  Odom*!  JohtiHon  were:  Mr.  ISeii- 
ton  of  MiHHOuri;  Mr.  Hlack  f>f  .MinHi-nippi ;  Mr. 
IJedford  Brown  of  iNorth  (Jarolina;  Mr,  IJuchau- 


684 


THIRTY  YEARS'  VIEW. 


■>.    J.  J 


1'.' 


IF 


an  of  Pennsylvania ;  Mr.  Cuthbert  of  Georgia ; 
Mr.  Duna  of  Maine ;  Mr.  Ewing  of  Illinois ;  Mr. 
Fulton  of  Arkansas ;  Mr.  Grundy  of  Tennessee ; 
Mr.  Hendricks  of  Indiana;  Mr.  Hubbard  of 
Maine ;  Mr.  William  Rufus  King  of  Alabama ; 
Mr.  John  P.  King  of  Georgia ;  Mr.  Louis  F. 
Linn  of  Missouri ;  Mr.  Lucius  Lyon  of  Michi- 
gan ;  Mr.  McKean  of  Pennsylvania ;  Mr.  Gabriel 
Moore  of  Alabama ;  Mr.  Morris  of  Ohio ;  Mr. 
Alexander  Mouton  of  Louisiana;  Mr.  Wilson 
C.  Nicholas  of  Louisiaiui ;  Mr.  Niles  of  Connec- 
ticut ;  Mr.  Johu  Norvell  of  Michican ;  Mr.  John 
Page  of  New  Hampshire ;  Mr.  Richard  E.  Par- 
ker of  Virginia;  Mr.  Rives  of  Virginia;  Mr. 
John  M.  Robinson  of  Illinois ;  Mr.  Ruggles  of 
Maine ;  Mr.  Ambrose  H.  Sevier  of  Arkansas ; 
Mr.  Peleg  Sprague  of  Maine ;  Mr.  Robert  Strange 
of  North  Carolina ;  Mr.  Nathaniel  P.  Talmadge 
of  New  York ;  Mr.  Tipton  of  Indiana ;  Mr.  Ro- 
bert J.  Walker  of  Mississippi ;  Mr.  Silas  Wright 
of  New  York.  Those  voting  for  Mr.  Francis 
Granger  were :  Mr.  Richard  H.  Bayard  of  Dela- 
ware ;  Mr.  Clay ;  Mr.  John  M.  Clayton  of  Dela- 
ware ;  Mr.  John  Crittenden  of  Kentucky ;  Mr. 
John  Davis  of  Massachusetts ;  Mr.  Thomas 
Ewing  of  Ohio ;  Mr.  Kent  of  Maryland ;  Mr, 
Nehemiah  Knight  of  Rhode  Island ;  Mr.  Pren- 
tiss of  Vermont ;  Mr.  Asher  Robbins  of  Rhode 
Island ;  Mr.  Samuel  L.  Southard  of  New  Jer- 
sey; Mr.  John  S.  Spence  of  Maryland;  Mr, 
Swift  of  Vermont ;  Mr.  Gideon  Tomiinson  of 
Connecticut;  Mr.  Wall  of  New  Jersey;  Mr. 
Webster.  South  Carolina  did  not  vote,  neither 
in  the  persv/U  of  Mr.  Calhoun  nor  in  that  of  his 
colleague,  Mr.  Preston :  an  omission  which  could 
not  be  attributed  to  absence  or  accident,  as  both 
wci-e  present ;  nor  fail  to  be  remarked  and  con- 
sidered ominous  in  the  then  temper  of  the  State, 
and  her  refusal  to  vote  in  the  three  preceding 
presidential  elections. 


CHAPTER    CLIII. 

LAST  ANNUAL  MESSAGE  OF  PRESIDENT  JACKSON. 

At  the  opening  of  the  second  Session  of  the 
twenty-fourth  Congress,  President  Jackson  de- 
livered hi«  last  Annual  Message,  and  under  cir- 
cumstances to  be  grateful  to  his  heart.  The 
powerful  opposition  in  Congress  had  been  broken 


down,  apfl  he  saw  full  majorities  of  ardent  and 
tried  friends  n;  each  House.  We  were  in  peace 
and  friendship  wuh  all  the  world,  and  all  excit- 
ing questions  quieted  at  home.  Industry  in  ail 
its  branches  was  prosperous.  The  revenue  was 
abundant — too  much  so.  The  people  were  hap. 
py.  His  message,  of  course,  was  first  a  recapitu- 
lation of  this.auspicious  state  of  things,  at  home 
and  abroad ;  and  then  a  reference  to  the  ques- 
tions of  domestic  interest  and  policy  which  re- 
quired attention,  and  might  call  for  action.  At 
the  head  of  these  measures  stood  the  deposit 
act  of  the  last  session — the  act  which  under  the 
insidious  and  fabulous  title  of  a  deposit  of  a 
surplus  of  revenue  with  the  States — made  an 
actual  distribution  of  that  surplus ;  and  was  in- 
tended by  its  contrivers  to  do  so.  His  notice  I 
of  this  measure  went  to  two  points — his  own  | 
regrets  for  having  signed  the  act,  and  his  mis- 
givings  in  relation  to  its  future  observation.  He  | 
3aid: 

"The  consequences  apprehended,  when  the 
deposit  act  of  the  last  session  received  a  r^ 
luctant  approval,  have  been  measurably  realize<i. 
Though  an  act  merely  for  the  deposit  of  the 
surplus  moneys  of  the  United  States  in  the 
State  Treasuries,  for  safe  keeping,  until  tliev 
may  be  wanted  for  the  service  of  the  pencnil 
government,  it  has  been  extensively  spolien  of 
as  an  act  to  give  the  money  to  the  several  States; 
and  they  have  been  advised  to  use  it  as  a  gift, 
without  regard  to  the  means  of  refunding  it 
when  called  for,  ftuch  a  suggestion  has  doubt- 
less been  made  without  a  due  consideration  of  I 
the  obligation  of  the  deposit  act,  and  withouti 
a  proper  attention  to  the  various  principles 
and  interests  which  are  affected  by  it.  It  is 
manifest  that  the  law  itself  cannot  sanction  such 
a  suggesticin,  and  that,  as  it  now  stands,  the 
States  have  no  more  authority  to  receive  and 
use  these  deposits  without  intending  to  retuni 
them,  than  any  deposit  bank,  or  any  individual 
temporarily  charge*^  with  the  safe-keeping  or 
application  of  the  public  money,  would  noir 
have  for  converting  the  same  to  their  pri>atel 
use,  without  the  consent  and  against  the  will  ofl 
the  government.  But,  independently  of  the 
violation  of  public  faith  and  moral  obligationl 
which  are  involved  in  this  suggestion,  when 
examined  in  reference  to  the  terms  of  the  prc-| 
sent  deposit  act,  it  is  believed  that  the  cor 
siderations  which  should  govern  the  futui 
legislation  of  Congress  on  this  subject,  will 
equally  conclusive  against  the  adoption  of  w) 
mt'iisure  recognizing  the  principles  on  whici 
the  suggestion  has  been  made." 


This  misgiving  was  well  founded.  Before  ihi 


taxes, 

tOSW' 

port) 

butioi 

inoth 

propei 

bo  the 

(and  I 

to  be  a 

which 

|tiuns  ( 

beasa 

•leqiu 

tribute 

^the  ob 

equ 

■aura 


ANNO  1836.    ANDREW  JACKSON,  PRESIDENT, 


685 


e  saw  full  majorities  of  ardent  and 
u  each  House.  Wc  were  in  peace 
in  wiv^  all  tlie  world,  and  all  excit- 
s  quieted  at  home.  Industry  in  all 
\va8  prosperous.  The  revenue  was 
too  much  so.  The  people  were  hap. 
ssaRC,  of  course,  was  first  a  recapitu- 
is.auspicious  state  of  things,  at  home 
.  andthen  a  reference  to  the  ques- 
mestic  interest  and  policy  which  re- 
ntion,  and  might  call  for  action.  At 
f  these  measures  stood  the  deposit 
ast  session-the  act  which  under  the 
,nd  fabulous  title  of  a  deposit  of  a 
revenue  with  the  States-made  an 
ribution  of  that  surplus ;  and  was  m- 
-itscontriyerstodoso.  His  notice 
easurewenttotwopoints-hisown 
P  having  signed  the  act^  and  his  mjs. 
relation  to  its  future  observation.  He 

consequences  apprehended,  whentkl 
ct  S  tbe  last  session  received  a  r<^ 
1  VmvP  been  measurably  reahze.1. 
Ta'ct  mrrely  ?or  the  deposit  of  the 
•""     i  nf  the  United  States  in  the 

k-anted  for  the  service  of  the  penow 
to  give 


'"oVive're  monVto  the  several  State. 
I,  hSIbeen  advised  to  use  it  as  apft 
^^  '"'y!/;^  f>,«  means  of  refunding  it 


rotrard  to  the  means 
hT^r.    Such  a  suggestion  lias  doubt. 
made  without  a  due  consideration  o 
LTon  orthe  deposit  act,  and  without 
tation  oi  ui        f  jjj„g  principles! 

LtwS  are  affected  by  ^t.    It  J 

That  the  aw  itself  cannot  sanction  suciil 
that  tne  ^a^  gjj^njs  thel 

e;"'nrtre1vitrrity  to  receive  and 
dcnositTwithout  intending  to  retun, 
Ian  any  deposit  bank,  or  any  individuj 
Cv  charS^'  with  the  safe-kcopiug  ot 
t  ?of  tl^  P'iWic  money,  would  now 

r,si"^*?^hrpriWe"i  on  .a 

testion  has  been  made, 
misgiving  was  well  founded.  Before  tl 


session  was  over  there  was  actually  a  motion  to 
release  the  States  from  their  obligation  to  re- 
store the  money — to  lay  which  motion  on  the 
table  there  were  seventy-three  resisting  votes — 
an  astonishing  number  in  itself,  and  the  more 
so  as  given  by  the  same  members,  sitting  in  the 
same  seats,  who  had  voted  for  the  act  as  a  de- 
posit a  few  months  before.     Such  a  vote  was 
ominous  of  the  fate  of  the  money ;  and  that 
fate  was  not  long  delayed.    Akin  to  this  mea- 
sure, and  in  fact  the  parent  of  which  it  was  the 
bastard  progeny,  was  distribution  itself  under 
its  own  proper  name ;  and  which  it  was  evident 
was  soon  to  be  openly  attempted,  encouraged 
as  its  advocates  were  by  the  success  gained  in 
the  deposit  act    The  President,  with  his  char- 
acteristic frankness  and  firmness,  impugned  that 
policy  in  advance ;  and  deprecated  its  effects  un- 
der every  aspect  of  public  and  private  justice, 
and  of  every  consideration  of  a  wise  or  just 
policy.    He  said : 

"To  collect  revenue  merely  for  distribution 
to  the  States,  would  seem  to  be  highly  impolitic, 
if  not  as  dangerous  as  the  proposition  to  retain  it 
in  the  Treasury.    The  shortest  reflection  must 
satisfy  every  one  that  to  require  the  people  to 
pay  taxes  to  the  goveinment  merely  that  they 
may  be  paid  back  again,  is  sporting  with  the 
substantial  interests   of  the  country,  and  no 
system  which  produces  such  a  result  can  be 
expected  to  receive  the    public    countenance. 
Nothing  could  be  gained  by  it,  even  if  each  in- 
dividua!  who  contributed  a  portion  of  the  tax 
could  receive  back  promptly  the  same  portion. 
But  it  is  apparent  that  no  system  of  the  kind 
can  ever  be  enforced,  which  will  not  absorb  a 
considerable  portion  of  the  money,  to  be  distri- 
buted in  salaries  and  commissions  to  the  agents 
[employed  in   the  process,  and  in  the  various 
losses  and  depreciations  which  ar'se  frons  other 
lauses;  ;:&nd  the  practical  effect  of  such  an  at- 
I  tempt  must  ever  be  to  burden  the  people  with 
taxes,  not  for  purposes  beneficial  to  them,  but 
Ito  swell  the  profits  of  deposit  banks,  and  sup- 
Iport  a  band  of  useless  public  officers.    A  distri- 
bution to  the  people  is  impracticable  and  unjust 
in  other  respects.  It  would  be  taking  one  man's 
property  and  giving  it  to  another.    Such  would 
bii  the  unavoidable  result  of  a  rule  of  equality 
[(and  none  other  is  spoken  of,  or  would  be  likely 
[to  be  adopted),  inasmuch  as  there  is  no  mode  by 
lirhich  the  amount  of  the  individual  cuntribu- 
jtions  of  our  citizens  to  the  public  revenue  can 
jbe  aswrtai'ied.     We  know  that  they  contribute 
K«cyiw//(/,  and  a  rule  therefore  that  would  dis- 
luibute  to  them  equally,  would  be  liable  to  all 
Itlie  objections  which  apply  to  the  principle  of 
equal  division  of  [property.    To  make  t>o 
meral  government  the  instrument  of  carrying 


this  odious  principle  into  effect,  would  be  at 
once  to  destroy  the  means  of  its  usefulness,  and 
change  the  character  designed  for  it  by  the 
framers  of  the  constitution." 

There  was  another  considerp.iion  connected 
with  this  policy  of  distribailon  which  the  Pre- 
sident did  not  name,  and  could  not,  in  the  deco- 
rum and  reserve  of  an  official  communication  to 
Congress :  it  was  the  intended  effect  of  these 
distributions — to  debauch  the  people  with  their 
own  money,  and  to  gain  presidential  votes  by 
lavishing  upon  them  the  spoils  of  their  country. 
To  the  honor  of  the  people  this  intended  effect 
never  occurred ;  no  one  of  those  contriving  these 
distributions  ever  reaching  the  high  object  of 
their  ambition.  Instead  of  distribution — instead 
of  raising  money  from  the  people  to  be  returned 
to  the  people,  with  all  tha  deductions  which  the 
double  operation    of   collecting   and    dividing 
would  incur,  and  with  the  losses  which  unfaith- 
ful agents  might  inflict — instead  of  that  idle 
and  wasteful  process,  which  would  have  been 
childish  if  it  had  not  been  viciouo,  he  recom- 
mended a  reduction  of  taxes  on  the  comforts 
and  necessaries  of  life,  and  the  levy  of  no  more 
money  than  was  necessary  for  the  economical 
administration  of  the  government ;  and  salt! : 

"  In  reducing  the  revenue  to  the  wants  of  the 
government,  your  particular  attention  is  invited 
to  those  articles  which  constitute  the  necessaries 
of  life.  The  duty  on  salt  was  laid  as  a  wa ;  tax, 
and  was  no  doubt  continued  to  assist  in  provid- 
ing for  the  payment  of  the  war  debt.  Theie  is 
no  article  the  release  of  which  from  taxation 
would  be  felt  so  generally  and  so  beneficially. 
To  this  may  be  added  all  kinds  of  fuel  and  pro-  . 
visions.  Justice  and  benevolence  unite  in  favor 
of  releasing  the  poor  of  our  cities  from  burdens 
which  are  lOt  necessary  to  the  support  of  our 
government,  and  tend  only  to  increase  the 
wants  of  the  destitute." 

The  issuance  of  the  "Treasury  Circular" 
naturally  claimed  a  place  in  the  President's 
message ;  and  received  it.  The  President  gavo 
his  reason  for  the  measure  in  the  necessity  of 
saving  the  public  domain  from  being  exchanged 
for  bank  paper  money,  which  was  not  wanted, 
and  might  be  of  little  value  or  use  when  want- 
ed ;  and  expressed  himself  thus : 

"  The  effects  of  an  extension  of  bank  credits, 
and  over-issues  of  bank  paper,  have  been  strik« 
ingly  illustrated  in  the  sales  of  the  public  lands. 
From  the  returns  made  by  the  various  i-egistcra 
and  receivers  in  the  early  part  of  last  summer, 


'^■;-'}:'fet 


il' 


iff '  \ 


"\  M.  11  til' 


686 


THIRTY  YEARS'  VIEW. 


it  was  percnivod  that  the  rocoipts  arising  from 
the  sales  of  thp  public  lands,  were  increasing  to 
an  unprecedented  amount.    In  effect,  however, 
thcee  receipts  amounted  to  nothing  more  than 
credits  in  bank.   The  banks  lent  out  their  notes 
to  speculators  ;  they  were  paid  to  the  receivers, 
and  immediately  returned  to  the  banks,  to  be 
lent  out  again  and  again ;  being  mere  instru- 
ments to  transfer  to  speculators  the  most  valu- 
able public  land,  and  pay  the  government  by  a 
credit  on  the  books  of  the  banks.    Those  cre- 
dits ca  the  books  of  some  of  the  western  banks, 
usually  called  deposits,   were  already  greatly 
beyond  their  immf  diatc  means  of  payment,  and 
were  rapidly  increasing.    Indeed  each  specula- 
tion furnished  means  for  another ;  for  no  sooner 
had  one  individual  or  company  paid  in  the 
notes,  than  they  were  immediately  lent  to  ano- 
ther for  a  like  purpose  ;  and  the  banks  were 
extending  tb-li  business  and  their  issues  so 
largely,  sis  to  alarm  considerate  men,  and  render 
it  doubtful  whether  these  bank  credits,  if  per- 
mitted to  accumulate,  would  ultimately  be  of 
the  least  value  to  the  government.     The  spirit 
of  expansion  and  speculation  was  not  confined 
to  the  deposit  banks,  but  pervaded  the  Avhole 
multitude  of  banks  throughout  the  Union,  and 
was  giving  rise  to  new  institutions  to  aggravate 
the  evil.    The  safety  of  the  public  funds,  and 
the  interest  of  the  people  generally,  required 
that  these  operations  should  be  checked  ;  and  it 
became  the  duty  of  every  branch  cf  the  general 
and  State  governments  to  adopt  all  legitimate 
and  proper  means    to   produce   that  salutary 
effect.    Under  this  view  of  my  duty,  I  directed 
the  issuing  of  the  order  which  will  be  laid  be- 
fore you  by  the  Secretary  of  the  Treasury,  re- 
quiring payment  for  the  public  lands  sold  to  be 
made  in  specie,  with  an  exception  until  the  15th 
of  the  present  month,  in  favor  of  actual  settlers. 
This  measure  has  produced  many  salutary  con- 
sequences. It  checked  the  career  of  the  Western 
banks,  and  gave  them  additional  strength  in 
anticipation  of  the  pressure  which  has  since 
pervaded  our  Eastern  as  well  as  the  European 
commercial  cities.   By  preventing  the  extension 
of  the  credit  system,  it  measurably  cut  off  the 
means  of  speculation,  and  retarded  its  progress 
in  monopolizing  the  most  valuable  of  the  public 
lands.    It  has  tended  to  save  the  new  States 
from  a  non-resident  proprietorship,  one  of  the 
greatest  obstacles  to  the  advancement  of  a  new 
country,  and  the  prosperity  of  an  old  one.     It 
has  tended  to  keep  open  the  public  lands  for 
the  entry  of  emigrants  at  government  prices, 
instead  of  their  being  compelled  to  purchase  of 
speculators  at  double  or  treble  prices.    And  it 
is  conve3Mng  into  the  interior  large  sums   in 
silver  and  gold,  there  to  enter  permanently  into 
tiie  currency  of  the  country,  and  place  it  on  a 
firmer  foundation.     It  is  confidently  believed 
that  the  country  will  find  in  the  motives  which 
induced  that  order,  and  the  happy  consequences 
which  will  have  ensued,  much  to  commend  and 
nothing  to  condemn.'" 


The  people  were  .satisfied  with  the  Treasury 
Circular ;  they  saw  its  honesty  and  good  effects; 
but  the  politicians  were  not  satisfied  with  it. 
They  thought  they  saw  in  it  a  new  exercise  of 
Illegal  power  in  the  President — a  new  tampering 
with  the  currency' — a  new  destruction  of  tiie 
public  prosperity;  and  commenced  an  attack 
upon  it  the  moment  Congress  met,  very  much 
in  the  style  of  the  attack  upon  the  order  for  tlie 
removal  of  the  deposits  ;  and  with  fresh  hopes 
from  the  resentment  of  the  "  thousand  banks," 
whose  notes  had  been  excluded,  and  from  tlic 
discontent  of  many  members  of  Congress  whose 
schemes  of  speculation  had  been  balked.  And 
notwithstanding  the  democratic  majorities  in 
the  two  Houses,  the  attack  upon  the  "Circular" 
had  a  great  success,  many  members  being  in- 
terested in  the  excluded  banks,  and  partners  ia 
schemes  for  monopolizing  the  lands.  A  bill  in- 
tended  to  repeal  the  Circular  was  actiiallv 
passed  through  both  Houses ;  but  not  in  dirwt 
terms.  That  would  have  been  toe  flagrant.  It 
was  a  bad  thing,  and  could  not  be  fairly  done, 
and  therefore  gave  rise  to  indirection  and  ainlii- 
guity  of  provisions,  and  complication  of  plira?is, 
and  a  multiplication  of  amphibologies,  wliioh 
brought  the  bill  to  a  very  ridiculous  conclusinn 
when  it  got  to  the  hands  of  General  Jackson. 
But  of  this  hereafter. 

The  intrusive  efforts  made  by  politicians  and 
missionaries,  first,  to  prevent  treaties  from  bein" 
formed  with  the  Indians  to  remove  from  tlie 
Southern  States,  and  then  to  prevent  tlie  re^ 
moval  after  the  treaties  were  made,  led  to  se- 
rious refusals  on  the  part  of  some   of  these  I 
tribes  to  emigrate ;  and  it  became  necessary  to 
dispatch  officers  of  high  rank  and  reputation. 
with  regular  troops,  to  keep  down  outrages  and  j 
induce   peaceable    removal.       Major    General! 
Jesup  was  sent  to  the  Creek  nation,  where  he  I 
had  a  splendid  success  in  a  speedy  and  bloodless  j 
accomplishment  of  his  object.    Major  General 
Scott  was  sent  to  the  Chcrokees,  where  a  perti- 
nacious resistance  was  long  encountered,  but 
eventually  and  peaceably  overcome.    The  Semi- 1 
nole  hostilities  in  Florida  were  just  breaking 
out ;  and  the  President,  in  his  raessago,  thus  j 
notices  all  these  events  : 

"  The  military  m  )vemcnts  rendered  necessary 
by  the  aggressions  of  the  hostile  portions  of  tlw 
Semii^ule  and  Creek  tribes  of  Indians,  and  by  ] 
other  circumstances,  have  required  the  active 


ANNO  1836.    ANDREW  JACKSON,  PRESIDENT. 


687 


were  .satisfied  with  the  Treasury 
y  saw  its  honesty  and  good  effects; 
icians  were  not  satisfied  with  it. 
t  they  saw  in  it  a  new  exercise  of 
in  the  President— a  new  tampering 
irrency— a  new  destruction  of  the 
)crity;  and  commenced  an  attack 
noment  Congress  met,  very  much 
5f  the  attack  upon  the  order  for  the 
he  deposits  ;  and  with  fresh  hopes 
sentment  of  the  "  thousand  banks," 
had  been  excluded,  and  from  the 
if  many  members  of  Congress  whose 
speculation  had  been  balked.    And 
iding  the  democratic  majorities  iu 
uses,  the  attack  upon  the  "Circukr'' 
success,  many  members  being  in- 
the  excluded  banks,  and  partners  in 
•  monopolizing  the  lands.    A  bill  in- 
repeal    the   Circular  was  actnnlly 
lugh  both  Houses ;  but  not  in  diiect 
iat° would  have  been  too  flagrant.   It 
thing,  and  could  not  be  fairly  done, 
9rc  gave  rise  to  indirection  and  aiiilii- 
•rovisions,  and  complication  of  phrases, 
iltiplication  of  amphibologies,  wliieli 
le  bill  to  a  very  ridiculous  conclusinn 
ot  to  the  hands  of  General  Jackson. 

icreafter. 
•usive  efforts  made  by  politicians  and 
es  first,  to  prevent  treaties  from  being 
ith  the  Indians  to  remove  from  the 
States,  and  then  to  prevent  tlie  re- 
r  the  treaties  were  made,  led  to  se- 
sals  on  the  part  of  6ome   of  these 
migrate ;  and  it  became  necessary  to 
(fficers  of  high  rank  and  reputation, 
ar  troops,  to  keep  down  outra-rcs  and 
aceable    removal.       Major    General 
sent  to  the  Creek  nation,  wlicre  lie 
idid  success  iu  a  speedy  and  bloodless 
iment  of  his  object.    Major  General 
sent  to  the  Cherokees,  where  a  perti- 
isistance  was  long  encountered,  but 
and  peaceably  overcome.    The  Serai- 
ities  in  Florida  were  just  breaking 
the  President,  in  his  messago,  thus 
these  events : 

lilitary  w.  )vements  rendered  necessary 
trcssiims  of  the  hostile  portions  o  tho 
laud  Creek  tribes  of  Indians,  and  h} 
lumstauces,  have  required  the  active 


employment  of  nearly  our  whole  regular  force, 
including  the  marine  corps,  and  of  large  bodies 
of  militia  and  volunteers.   With  all  these  events, 
60  far  as  they  were  known  at  the  scat  of  govern- 
ment before  the  termination  of  your  last  session, 
you  are  already  acquainted ;  and  it  is  therefore 
only  needful  in  this  place  to  lay  before  j  on  a 
brief  summary  of  what  has  since  oc  urrcd.   The 
war  with  the  Seminoles  during  the   ummer  >vas, 
on  our  part,  chiefly  confined  to  the  proteotioi? 
of  our  frontier  settlements  from  the  incursions 
of  the  enemy ;  and,  as  a  necessary  and  impor- 
tant means  for  the  accomplishment  of  that  end, 
to  the  maintenance  of  the  posts  previously  es- 
tablished.   In  the  course  of  this  duty  several 
actions  took  place,  in  which  the  bravery  and 
discipline  of  both  officers  and  men  were  con- 
spicuously displayed,  and  which  I  have  deemed 
it  proper  to  notice  in  respect  to  the  former,  by 
the  granting  of  brevet  rank  for  gallant  services 
in  the  field.    But  as  tlie  force  of  the  Indians 
was  not  so  far  wcakeiicd  by  those  partial  suc- 
cesses as  to  lead  them  to  submit,  and  ".s  their 
savage  inroads  were  frequr".itly  repeated,  early 
measures  w  ere  taken  for  placing  at  the  disposal 
of  Governor  Call,  who,  as  commander-in-chief 
of  tiie  territorial  militia,  had  been  temporarily 
invested  with  the  command,  an  ample  tbrce,  for 
tlie  purpose  of  resuming  offensive  operations  in 
the  most  etlicient  manner,  so  soon  a^s  the  season 
should  permit.    Major  General  Jesup  was  also 
directed,  on  the  conclusion  of  his  duties  in  the 
deck  country,  to  repair  to  Florida,  and  assume 
the  command.     Happily  for  the  interests  of 
humanity,  the  hostilities  with  the  Creeks  were 
brought  to  a  close  soon  after  your  adjournment, 
without  that  effusion  of  blood,  which  at  one  time 
was  apprehended  as  inevitabl.).     The  uncondi- 
i  tiunal  submission  of  the  hostile  party  was  tbl- 
hnved  by  their  speedy  removal  to  the  country 
iNsiguuil  them  w^st  of  the  Mississipi)i.     The  iu- 
quiiy  as  to  the  alleged  frauds  iu  tlic  purcliase 
of  the  reservations  of  these  Indians,  and  the 
causes  of  their  hostilities,  requested  by  the  re- 
solution t»f  the  House  of  Representatives  of  the 
Isl  of  July  last  to  be  made  by  the  President,  is 
!iow  goiuij  on,  through  the  agency  of  eonauis- 
eiouers  appointed  for  tliat  purpose.  Their  report 
may  be  expected  during  your  present  session. 
The  diffiralties  apprehended  iu  the  Cherokee 
country  i*;  ve  been  prevented,  and  tlie  peace  and 
sai'ety  of  tiiat  region  and  its  vicinity  eliectually 
secured,  by  tlie  timely  measures  taken  by  the 
Kar  department,  and  still  continued." 

The  Bank  of  the  United  States  was  destined 
I  to  receive  another,  and  a  parting  notice  from 
I  General  Jack.son,  and  greatly  to  its  further  dis- 
I credit,  brought  upon  it  by  its  own  lawless  and 
I  dishonest  course.  Its  cliurter  had  expired,  and 
lit  had  delayed  to  refund  the  stock  paid  for  by 
United  States,  or  to  pay  the  back  dividend ; 
lind  had  transferred  itself  with  all  its  effects. 


and  all  its  subscribers  except  the  United  States, 
to  a  new  corporation,  under  the  same  name, 
created  hy  aproi'iso  to  a  road  bill  iu  the  General 
Assembly  of  Pennsylvania,  obtained  by  bribery, 
as  subsequent  legislative  investigation  proved. 
This  transfer,  or  transmigration,,  was  a  new 
and  most  amazing  procedure.  The  metempsy- 
chosis of  a  bank  was  a  novelty  which  confound- 
ed and  astounded  the  senses,  and  set  the  wits 
of  Congress  to  work  to  find  out  how  it  could 
legally  be  done.  The  President,  though  a  good 
lawyer  and  judge  of  lavr,  did  not  trouble  him- 
self with  legal  subtleties  and  disquisitions.  He 
took  the  broad,  moral,  practical,  business  view  of 
the  question ;  and  pronounced  it  to  be  dishonest, 
unlawful,  and  irresponsible ;  and  recommended 
to  Congress  to  look  after  its  stock.  The  mes- 
sage said : 

"  The  conduct  and  present  condition  of  that 
bank,  and  the  great  amount  of  capital  vested  in 
it  by  the  United  States,  require  your  careful  at- 
tention. Its  charter  expired  on  the  third  day 
of  March  last,  and  it  has  now  no  power  but  that 
given  in  the  21st  section,  'to  use  the  corporate 
name,  style,  and  capacity,  for  the  purpose  of 
suits,  for  the  final  settlement  and  liquidation  of 
the  affairs  and  accounts  of  the  corporation,  and 
for  the  sale  and  disposition  of  their  estate,  real, 
personal,  and  mixed,  and  not  for  any  other  pur- 
pose, or  in  any  other  manner  whatsoever,  nor  for 
a  period  exceeding  two  years  after  tlie  expira- 
tion of  the  said  term  of  incorporation.'  Before 
the  expiration  of  the  charter,  the  stockholders 
of  the  bank  obtained  an  act  of  incorporation 
from  the  legislature  of  Pennsylvania,  excluding 
only  the  United  States.  Instead  of  piuceeding 
to  wind  up  their  concerns,  and  pa}'  over  to  the 
United  States  the  amount  duo  on  account  '^f  the 
stock  held  by  them,  the  president  and  directors 
of  tho  old  bank  appear  to  have  transferred  the 
books,  papers,  notes,  obligations,  and  most  or  all 
of  its  piviierty,  to  this  new  corporation,  which 
entered  upon  business  as  a  continuation  of  tiic 
old  concern.  Amongst  other  acts  of  questiona- 
ble validity,  the  notes  of  the  expired  corporation 
are  known  to  have  been  used  as  its  own,  and 
again  put  in  circulation.  That  the  old  bank 
hud  no  right  to  issue  or  reissue  its  notes  after 
the  expiration  if  its  charter,  cannot  be  denied; 
and  that  it  couid  not  confer  any  such  right  on 
its  substitute,  any  more  than  exercise  it  itself, 
is  equally  plain.  In  law  and  honest) ,  the  notes 
of  the  bank  in  circulation,  at  the  expiration  of 
its  charter,  should  have  been  called  in  by  public 
advertisement,  paid  up  as  presented,  and,  to- 
gether with  tliose  on  hand,  cancelled  and  de- 
stroyed. Their  re-issue  is  sancv.oned  by  no  law, 
and  warranted  by  no  necessity.  If  the  United 
States  be  responsible  in  their  stock  for  the  pay- 
ment of  these  notes,  their  re-issue  by  the  new 


r 


w 


' 


». 


ft 


rfi' !  ^ 


f 


688 


THIRTY  YEARS'  VIEW. 


corporation,  for  their  own  profit,  is  a  fraud  on 
the  government.    If  the  United  States  is  not 
responsible,  then  there  is  no  lepal  responsibility 
in  any  quarter,  and  it  is  a  fraud  on  the  country. 
They  are  the  redeemed  notes  of  a  dissolved 
partnership,  but,  contrary  to  the  wishes  of  the 
retiring  partner,  and  without  his  consent,  are 
ap:ain  re-issued  and  circulated.    It  is  the  high 
and  peculiar  duty  of  Congress  to  decide  whether 
any  further  legislation  be  necessary  for  the  se- 
curity of  the  large  amount  of  public  property 
now  held  and  in  use  by  the  new  bank,  and  for 
vindicating  the  rights  of  the  government,  and 
compelling  a  speedy  and  honest  settlement  with 
all  the  creditors  of  the  old  bank,  public  and  pri- 
vate, or  whether  the  subject  shall  be  left  to  the 
power  now  possessed  by  the  executive  and 
judiciary.    It  remains  to  be  seen  whether  the 
persons,  who,  as  managers  of  the  old  bank,  un- 
dertook to  control  the  government,  retained  the 
public  dividends,  shut  their  doors  upon  a  com- 
mittee of  the  House  of  Representatives,  and  filled 
the  country  with  panic  to  accomplish  their  own 
sinister  objects,  may  now,  as  managers  of  a  new 
Bank,  continue  with  impunity  to  flood  the  coun- 
try with  a  spurious  currency,  use  the  seven  mil- 
lions of  gOTernment  stock  for  their  own  profit, 
and  refuse  to  the  United  States  all  information 
as  to  the  present  condition  of  their  own  proper- 
ty, and  the  prospect  of  recovering  it  into  their 
own  possession.     The  lessons  taught  by  the 
bank  of  the  United  States  cannot  well  be  lost 
upon  the  American  people.    They  will  take  care 
never  again  to  place  so  tremendous  a  power  in 
irresponsible  hands,  and  it  will  be  fortunate  if 
they  seriously  consider  the  consequences  which 
are  likely  to  result  on  a  smaller  scale  from  the 
facility  with  which  corporate  powers  are  granted 
by  their  State  government." 

This  novel  and  amazing  attempt  of  the  bank  to 
transmigrate  into  the  body  of  another  bank  with 
all  its  effects,  was  a  necessity  of  its  position — the 
necessity  which  draws  a  criminal  to  even  insane 
acts  to  prevent  the  detection,  exposure,  and  ruin 
from  which  guilt  recoils  in  not  less  guilty  contriv- 
ances. The  bank  was  broken,  and  could  not  wind 
up,  and  wished  to  postpone,  or  by  chance  avert 
the  dreaded  discovery.  It  was  in  the  position  of 
a  glass  vase,  cra';ked  from  top  to  bottom,  and 
ready  to  split  open  if  touched,  but  looking  as 
if  whole  while  sitting  unmoved  on  the  shelf. 
The  great  bank  was  in  this  condition,  and  there- 
fore untouchable,  and  saw  no  resource  except  in 
a  metempsychosis — a  difiicult  process  for  a  soul- 
lees  institution — and  thereby  endeavoring  to 
continue  its  life  without  a  change  of  name,  form, 
or  substance.  The  experimnnt  was  a  catastro- 
phe, as  might  have  been  expected  beforehand ; 
and  as  was  soon  seen  afterwards. 


The  injury  resulting  to  the  public  service 
from  the  long  delay  in  making  the  appropria- 
tions at  the  last  session— delayed  while  occupied 
with  distribution  bills  until  the  season  for  labor 
had  well  passed  away.  On  this  point  the  mes- 
sage said : 

"  No  time  was  lost,  after  the  making  of  the 
requisite  appropriations,  in  resuming  the  great 
national  work  of  completing  the  unfinished  for- 
tifications on  our  seaboard,  and  of  placing  them 
in  a  proper  state  of  defence.  In  consequence 
however,  of  the  very  late  day  at  which  those 
bills  were  passed,  hut  little  progress  could  be 
made  during  the  season  which  has  just  closed. 
A  very  large  amount  of  the  moneys  granted  at 
your  last  session  accordingly  remains  unexpend- 
ed ;  but  as  the  work  will  bo  again  resumed  at 
the  earliest  moment  in  the  coming  spring,  the 
balance  of  the  existing  appropriations,  and,  in 
several  cases  which  will  be  laid  before  you,  with 
the  proper  estimates,  further  sums  for  the  Illte 
objects,  may  be  usefully  expended  during  the 
next  year." 

Here  was  one  of  the  evils  of  dividing  the  pub- 
lic money,  and  of  factious  opposition  to  the  gov- 
ernment. The  session  of  1834 — '5  had  closed 
without  a  dollar  for  the  military  defences,  leav- 
ing half  finished  works  unfinished,  and  finished 
works  unarmed ;  and  that  in  the  presence  of  a 
threatening  collision  with  France ;  and  at  the 
subsequent  session  of  1835-  6,  the  appropriations 
were  not  made  until  the  month  of  July  and  j 
when  they  could  not  be  used  or  applied. 

Scarcely  did  the  railroad  system  begin  to  j 
spread  itself  along  the  highways  of  the  Unitpi;  | 
States  than  the  effects  of  the  monopoly  and  ex- 
tortion incident  to  moneyed  corporations,  began  j 
to  manifest  itself  in  exorbitant  demands  for  the] 
transportation  of  the  mails,  and  in  capriciomj 
reAisals  to  carry  them  at  all  except  on  their  o»ii( 
terms.  President  Jackson  was  not  the  man  \ 
submit  to  an  imposition,  or  to  capitulate  to  al 
corporation.  He  brought  the  subject  before  I 
Congress,  and  invited  particular  attention  to  itl 
in  a  paragraph  of  his  message;  in  which  he| 
said: 

"  Your  particular  attention  is  invited  to  th^ 
subject  of  mail  contracts  with  railroad  cort 
panics.  The  present  laws  providing  for  the  maU 
ing  of  contracts  are  based  upon  the  prcsiimptlo!^ 
that  competition  among  bidders  will  secure  tii4 
service  at  a  fair  price.  But  on  most  of  the  rail! 
road  lines  there  is  no  competition  in  that  kinij 
of  transportation,  and  advertising  is  therefoN 
useless.  No  contract  can  now  be  made  witlj 
them,  except  such  as  shall  be  negotiated  befoit 


ANNO  18:^6.     ANDREW  JACKSON,  PRESIDENT. 


689 


resulting  to  the  public  service 
delay  in  making  the  appropna. 
teession-delayed  while  occupu^d 
bills  until  the  season  for  labor 
On  this  point  the  mes- 


on 


id  away. 

»  !««♦  after  the  making  of  the 
''l.iSns  in  resuming  the  p-cat 
opnations,  in  1  flnigVied  for- 

otrbtS'aSorplacingthe™ 

5ion  sM^o™.  "f  Vk5  again  resumed  at 
ireM  in  th'r^ming  spring  the 
i^T^Sins:  appropriations,  and  in 

,  one  of  the  evils  of  dividing  the  pul> 
„d  of  factious  opposition  to  the  gov. 
The  session  of  1834^'5  bad  co.d 
dollar  for  the  military  defences,  leav- 
•shed  works  unfinished,  and  finAd 
^^ed;  and  that  in  the  presence  oh 
collision  with  France;  and  at, he 
tsessionofl835-6,theappropmtion 
Mde  -til  the  month  of  July  and  I 
could  not  be  used  or  applied. 


Llf  along  the  highways 
„  the  effects  of  the  monopoly  ai>de. 

"^nt  to  moneyed  corporations,l.gan 

TuLlf  in  exorbitant  demands  for  the 

tilof  the  mails,  and  in  caprino. 

■^arrythem  at  all  except  ontheiroj 

Snt  Jackson  was  not  the  n.ant. 

rTmposition,ortocai»tulatetoa| 

„     He  brought  the  subject  b 
".ndfn^ited particular  attentio. to. 
paph  of  his  message;  m  which  hel 


the  time  of  offering  or  afterwards,  and  the  power 
of  the  Postmaster-general  to  pay  tliem  high 
prices  is,  practically,  without  limitation.  It 
would  be  a  :  ilief  to  him,  and  no  doubt  would 
conduce  to  the  public  interest,  to  prescribe  by 
law  some  equitable  basis  upon  which  such  con- 
tracts shall  rest,  and  restrict  him  by  a  fixed  rule 
of  allowance.  Under  a  liberal  act  of  that  sort, 
he  would  undoubtedly  be  able  to  secure  the  ser- 
vices of  most  of  the  railroad  companies,  and  the 
interest  of  the  Department  would  be  thus  ad- 
vanced." 

The  message  recommended  a  friendly  super- 
vision over  the  Indian  tribes  removed  to  the 
West  of  the  Mississippi,  with  the  important 
suggestion  of  preventing  intestine  war  by  mili- 
tary interference,  as  well  as  improving  their  con- 
dition by  all  the  usual  means.  On  these  points, 
it  said : 

'  The  national  policy,  founded  alike  in  interest 
and  ill  humanity,  so  long  and  so  steadily  pursued 
bv  this  government,  for  the  removal  of  the  In- 
dian tribes  originally  settled  on  this  side  of  the 
Mississippi,  to  the  west  of  that  river,  may  be 
said  to  have  been  consummated  by  the  conclusion 
of  the  late  treaty  with  the  Cherokees.    The 
measures  taken  in  the  execution  of  that  treaty, 
and  in  relation  to  our  Indian  affairs  generally, 
I  will  fully  appear  by  referring  to  the  accompany- 
1  ini  papers.    Without  dwelling  on  the  numerous 
aiul  important  topics  embraced  in  them,  I  again 
invite  your  attention  to  the  importance  of  pro- 
1  vilius:  a  well-digested  and  comprehensive  sj'stem 
frtr  tlic  protection,  supervision  and  improvement 
I'tlie  various  tribes  now  planted  in  the  Indian 
lountry.      The  suggestions  submitted  by  the 
Immissioncr  of  Indian  affairs,  and  enforced  by 
ihe  secretary,  on  this  subject,  and  also  in  regard 
Itiithe  establishment  of  additional  military  posts 
linthe  Indian  country,  are  entitled  to  yonr  pro- 
found consideration.     Both  measures  are  neces- 
l-arv  for  the  double  purpose  of  protecting  the 
lliiiians  from  intestine  war,  and  in  other  re.spccts 
Icomplying  with  our  engaiements  to  them,  and 
Icf  securing  our  Western  frontier  against  incur- 
Isions,  which  otherwise  will  assuredly  be  made 
Ion  it.    The  best  hopes  of  humai  <  ty,  in  regard 
I)  the  alioriginal  riice,  the  welfare  of  our  rapidly 
Vtcnding  settlements,  and  the  honor  of  the  Uni- 
Jfd  States,  are  all  deeply  involved  in  the  re! a- 
5  existing  between  this  government  r.n-i  the 


.particular  attention  is  invited  to  tj 

Jf^ail  ««^S  V^^inTforthemak. 

KT-^SL^^KeeS 
^^^t-amo„g^^-,,,^g 


lortation,  and  adve_rtising^  ^^^^  ^^^ 


oriauo",  »"- c„  made  wu. 


pons 

liiiigrating  tribes.  I  trust,  therefore,  that  the 
tiriu'-s  matters  submitted  in  the  accompanying 
Ixumcnts,  in  respect  to  those  relations,  will  re- 
pve your  early  and  mature  deliberation;  and 
at  it  may  issue  in  the  adoption  of  legislative 
isures  adapted  to  the  circumstances  and  du- 
ta  of  the  present  crisis." 

This  suggestion  of  preventing  intestine  wars 
8 they  are  called)  in  the  bosoms  of  the  tribes, 
[founded  equally  in  humanity  to  the  Indians 

Vol.  I.— 44 


and  duty  to  ourselves.  Such  wars  are  nothing 
but  massacres,  assassinations  and  confiscations. 
The  stronger  party  oppress  a  hated,  or  feared 
minority  or  chief;  and  slay  with  impunity  (in 
some  of  the  tribes),  where  the  assumption  of  a 
form  of  government,  modelled  after  that  of  the 
white  race,  for  which  they  have  no  capacity, 
gives  the  justification  of  executions  to  what  is 
nothing  but  revenge  and  assassination.  Under 
their  own  ancient  laws,  of  blood  for  blood,  and 
for  the  slain  to  avenge  the  wrong,  this  liability 
of  personal  responsibility  restrained  the  killings 
to  cases  of  public  justifiable  necessity.  Since 
the  removal  of  that  responsibility,  revenge,  am- 
bition, plunder,  take  their  course:  and  the  con- 
sequence is  a  series  of  assassinations  which  have 
been  going  on  for  a  long  time ;  and  still  continue. 
To  aggravate  many  of  these  massacres,  and  to 
give  tlieir  victims  a  stronger  claim  upon  the  pro- 
tection of  the  United  Slates,  they  are  done  upon 
those  who  are  friends  to  tlie  United  States, 
upon  accusations  of  having  betrayed  the  interest 
of  the  tribe  in  some  treaty  for  the  sale  of  lands. 
The  United  States  claim  jurisdiction  over  their 
country,  and  exercise  it  in  the  punishment  of 
some  classes  of  criminals ;  and  it  would  be  good 
to  extend  it  to  the  length  recommended  by  Pre- 
sident Jackson. 

The  message  would  have  been  incomplete 
without  a  renewal  of  the  standing  recommenda- 
tion to  take  the  presidential  election  out  of  the 
hands  of  intermediate  bodies,  and  give  it  direct- 
ly to  the  people.  lie  earnestly  urged  an  amend- 
ment to  the  constitution  to  that  effect ;  but  that 
remedy  being  of  slow,  difficult,  and  doubtful  at- 
tainment, the  more  speedy  process  by  the  action 
of  the  people  becomes  the  more  necessary.  Con- 
gressional caucuses  were  put  down  by  the  people: 
in  the  election  of  1824:  their  substitute  and  suc- 
cessor—national conventions — ruled  by  a  minor- 
ity, and  managed  by  intrigue  and  corruption, 
are  about  as  much  worse  than  a  Congress  cau- 
cus as  Congress  itself  would  be  if  the  members 
appointed,  or  contrived  the  appointment,  of  thera- 
j  selves,  instead  of  being  elected  by  the  people. 
I  Tl)«.'  message  ai)propriatelycoucluded  with  thanks 
to  the  people  for  the  high  honors  to  which  they 
1  had  lifted  him,  and  their  support  under  arduous 
I  circumstances,  and  said  : 

'      '•  Having  now  finished  the  observations  deem 
ed  projier  on  this,  the  last  occasion  I  shall  have 
of  communicating  with  tha  two  Houses  of  Coi»» 


690 


THIRTY  YEARS'  VIEW. 


mill 


gress  at  their  meeting,  I  cannot  omit  an  cxpres- 
Bion  of  tho  RratitiHe  which  is  due  to  the  preat 
body  of  my  fellow  citizens,  in  whose  partiality  and 
indulgence  I  have  found  encouragement  and  sup- 
CJ)ort  in  the  many  diiricult  and  trying  scenes 
through  which  it  has  been  my  lot  to  pass  dur- 
ing my  public  career.  Though  deeply  sensible 
that  my  exertions  have  not  been  crowned  with  a 
success  corresponding  to  tho  degree  of  favor  be- 
stowed upon  me,  I  am  sure  that  they  will  be 
considered  as  having  been  directed  by  an  earnest 
desire  to  promote  the  good  of  my  country  ;  and 
I  am  consoled  by  the  persuasion  that  whatever 
errors  have  been  committed  will  find  a  corrective 
in  the  intelligence  and  patriotism  of  those  who 
will  succeed  us.  All  that  has  occurred  during 
my  adminisination  is  calculated  to  inspire  me 
with  increased  confidence  in  the  stability  of  our 
institutions,  and  should  I  be  spared  to  enter  up- 
pon  that  retirement  which  is  so  suitable  to  my 
age  and  infirm  health,  and  so  much  desired  by 
me  in  other  respects,  I  shall  not  cease  to  invoke 
that  beneficent  Being  to  whose  providence  we 
are  already  so  signally  indebted  for  the  continu- 
ance of  his  blessings  on  our  beloved  country." 


CHAPTER    CLIV. 

FINAL  REMOVAL  OF  THE  INDIANS. 

At  the  commencement  of  the  annual  session  of 
183C~'37,  President  Jackson  had  the  gratifica- 
tion to  make  known  to  Congress  the  completion 
of  the  long-pursued  policy  of  removing  all  the 
Indians  in  the  States,  and  within  the  organized 
territories  of  the  Union,  to  their  new  homes 
west  of  the  Mi  jsissippi.  It  was  a  policy  com- 
mencing with  Jefferson,  pursued  by  all  succeed- 
ing Presidents,  and  accomplished  by  Jackson. 
The  Creeks  and  Cherokees  had  withdrawn  fix)m 
Georgia  and  Alabama;  the  Chickasaws  and 
Choctaws  from  Mississippi  and  Alabama ;  the 
Seminoles  had  stipulated  to  remove  from  Flori- 
da ;  Louisiana,  Arkansas  and  Missouri  had  all 
been  relieved  of  tlieir  Indian  population  ;  Ken- 
tucky and  Tennessee,  by  earlier  treaties  with 
the  Chickasaws,  had  received  the  same  advan- 
tage. This  freed  the  slave  States  from  an  ob- 
stacle to  their  growth  and  pros{)erity,  and  left 
them  free  to  expand,  and  to  cultivate,  to  the 
ftill  rieasurc  of  their  ample  boundaries.  All 
the  free  Atlantic  States  had  long  been  relieved 
from  their  Indian  populations,  and  in  this  re- 
spect the  northern  and  southern  States  were 
now  upon  an  equality.    The  result  has  been 


proved  to  be,  what  it  was  thon  believed  it  would 
be,  beneficial  to  both  parties  ;  and  still  more  so 
to  the  Indians  than  to  the  whites.     With  thom 
it  was  a  question  of  extinction,  the  time  only 
the  debatable  point.    They  were  daily  wasting 
under  contact  with  the  'vhites,  and  had  before 
their  eyes  the  eventual  but  certain  fate  of  the 
hundreds  of  tribes  found  by  the  early  colonists 
on  the  Roanoke,  the  James  River,  the  Potoniac, 
the  Susquchannah,  the  Delaware,  the  Connecti- 
cut, the  Merrimac,  the  Kennebec  and  the  Pen- 
obscot.   The  removal  saved  the  southern  tribes 
from  that  fatcj  and  in  giving  them  new  and 
unmolested   homes  beyond  the  verge  of  the 
white  man's  settlement,  in  a  country  temperate 
in  climate,  fertile  in  soil,  adapted  to  agriculture 
and  to  pasturage,  with  an  outlet  for  huiitin;:, 
abounding  with  salt  water  and  salt  springs- it 
left  them  to  work  out  in  peace  the  problem  of 
Indian  civilization.    To  all  the  relieved  States 
the  removal  of  the  tribes  within  their  bordcrii 
was  a  great  benefit — to  the  slave  States  trans- 
cendently  and  inappreciably  great.    The  largest 
tribes  were  within  their  limits,  and  the  best  if 
their  lands  in  the  hands  of  the  Indians,  to  tLe 
extent,  in  some  of  the  States,  a.s  Georgia,  Ah. 
bama  and  Mississippi,  of  a  third  or  a  quarter  of 
their  whole  area.    I  have  heretofore  shown,  i;, 
the  case  of  the  Creeks  and  the  Cherokees  in 
Georgia,  that  the  ratification  of  the  treaties  for 
the  extinction  of  Indian  claims  within  her  iini^ 
its,  and  which  removed  the  tribes  which  encuin- 
bered  her,  received  the  cordial  support  of  north- 1 
em  senators ;  and  that,  in  fact,  without  tint  j 
support  these  great  objects  could  not  have  ken  j 
accomplished.    I  have  now  to  say  the  same  of  j 
all  the  other  slave  States.      They  were  all  ^^  ( 
lieved  in  like  manner.    Chickasaws  and  Clioc- 
taws  in  Mississippi  and  Alabama;  Chickawl 
claims  in  Tennessee  and  Kentucky;  Seminoles  j 
in  Florida ;  Caddos  and  Quapaws  in  LoniKiana| 
and  in  Arkansas  ;  Kickapoos,  Delawares,  Shaw- 
necs,  Osages,  lowas,  Pinkeshaws,  Weas,  Pe- 
orias,  in  Missouri ;  all  underwent  the  same  pro-J 
cess,  and  with  the  came  support  and  result.! 
Northern  votes,  in  the  Senate,  came  to  the  ratifi'j 
cation  of  every  v.  ^aty,  and  to  the  passage 
every  necessary  appropriation  act  in  tlic  Ihm 
of  Representatives.      Northern   men  may 
said  to  have  made  the  treaties,  and  passed  ltd 
acts,  as  without  their  aid  it  could  not  have  beea 
done,  constitutmg,  as  they  did,  a  large  majoriti 


ANNO  1836.     ANDREW  JACKSON,  PRESIDENT. 


691 


•hat  it  was  then  believed  it  would 
Xth  parties  -,  and  still  more  ho 
intothowmtc..  With  the. 
,n  of  extinction,  the  t,mc  only 

•  ♦  Thev  TV  ere  daily  wasting 
Cuh  thelites,  and  had  hefo. 
;icntual  but  certain  fate  of  n,e 
ribes  found  by  the  early  eoloms^s 

Ue  the  James  River,  the  roto..ac, 

n:;h,theDela..v.vre,theC— 

•imac  the  Kennebec  and  the  Pn- 

"mU  saved  the  southern  tnbes 

.t^;  and  in  giving  them  new  an,l 
homes  beyond  the  verge  of  the 
BetUement,  in  a  country  tempmto 
.S  i^  soil,  adapted  to  agneutu. 
urage,  with  an  outlet  for  hunt., 
ritfsLlt  water  and  salt  spnng.-> 
o  work  out  in  peace  the  problem  0 
Trt  all  the  relieved  States 

,       L_t„  l\M  Blavo  Slates  to.iv 

ia:^re::iiiy^--;r;T! 

c. ithin  their  limits,  and    he  b.Uf 
is  ;  the  hands  of  the  Indians,  to  to 
some  of  the  States,  a.s  Georgia  Ah. 
M"sissippi,ofathirdoraquartcrof 
eaia.    I  iiave  heretofore  show,,,,:, 
of  the  Creeks  and  the  Chorokeosn, 
hat  the  ratification  of  the  tioatios  for! 
:tron  of  Indian  claims  within  her  l.„,. 
toh  removed  the  tribes  which  en«. 
rec^ved  the  cordial  support  of  nonh. 
[oTand  that,  in  fact,  without  tin, 
Cse  great  objects  could  not  have  b«u 
ihcd     I  have  now  to  say  the  same  of 
ler  slave  States.      They  were  d.| 
£  manner.    Chickasaws  an       . 
iMississippi  and  Alabama;  ChiAa.. 
VTennesLe  and  Kentucky.  ScnnnolJ 
L    CaddosandQuapawsinl- 
tl^Kickapoos^elawa^S^^ 

Les   lowas,  Pinkeshaws,  AN  tas, 
mliri-,  all  underwent  the  sainepro- 

'XtHle  came  support  and  re.  • 
.otes  in  the  Senate,  came  to  the  rat.fi 

rvryv..aty,andtothepassago. 

e  sal    appropriation  act  in  the  no. 

Lntutives.      Northern   ncnj^y 
L  made  the  treaties  and  P^J^^J 
•ivnnt  their  aid  it  could  not  have  m 


in  the  House,  and  being  equal  in  the  Senate, 
where  a  vote  of  two-thirds  was  wanting.    I  do 
not  go  over  these  treaties  and  laws  one  by  one, 
to  show  their  passage,  and  by  what  votes.    I 
did  that  in  the  case  of  the  Creek  treaty  and  the 
Cherokee  treaty,  for  the  removal  of  these  tribes 
from  Georgia;  and  showed  that  the  North  wa.s 
unanimous  in  one  case,  and  nearly  so  in  the 
other,  while  in  both  treaties  there  was  a  south- 
ern opposition,  and  in  one  of  them  (the  Chero- 
kee), both  Mr.  Calhoun  and  Mr.  Clay  in  the 
negative :  and  these  instances  may  stand  for  an 
iUustration  of  the  whole.   And  thus  the  area  of 
slave  population  has  been  almost  doubled  in  the 
slave  States,  by  sending  away  the  Indians  to  make 
room  for  their  expansion;  and  it  is  unjust  and 
cruel — unjust  and  cruel  in  itself,  independent  of 
the  motive — to  charge  these  Northern  States 
with  a  design  to  abolish  slavery  in  the  South. 
If  they  had  harbored  such  design — if  they  had 
been  merely  unfriendly  to  the  growth  and  pros- 
perity of  these  Southern  States,  there  was  an 
easy  way  to  have  gratified  their  feelings,  with- 
out committing  a  breach  of  the  constitution,  or 
an  aggression    or    encroachment   upon   these 
States:  they  had  only  to  sit  still  and  vote 
against  the  ratification  of  the  treaties,  and  the 
enactment  of  the  laws  which  eflected  this  great 
removal.    They  did  not  do  so — did  not  sit  still 
»nd  vote  against  their  Southern  brethren.    On 
the  contrary,  they  stood  up  and  spoke  aloud,  and 
gave  to  these  laws  and  treaties  an  effective  and 
zealous  support.    And  I,  who  was  the  Senate's 
chairman  of  the  committee  of  Indian  afiairs  at 
this  time,  and  know  how  these  things  were  done, 
and  who  was  so  thankful  for  northern  help  at 
the  time ;  I,  who  know  the  truth  and  love  jus- 
tice, and  cherish  the  harmony  and  union  of  the 
American  people,  feel  it  to  be  my  duty  and  my 
privilege  to  note  this  great  act  of  justice  from  the 
North  to  the  South,  to  stand  in  history  as  a  per- 
petual contradiction  of  all  imputed  design  in  the 
llc^^tdtes  to  abolish  slavery  in  the  slave  States. 
I  speak  of  States,  not  of  individuals  or  societies. 
I  have  shown  that  this  policy  of  the  uni- 
versal removal  of  the  Indians  from  the  East  to 
the  West  of  the  Mississippi  originated  with  Mr. 
Jeiferson,  and  from  the  most  humane  motives, 
ttdafter  having  seen  the  extinction  of  more  than 
forty  tribes  in  his  own  State  of  Virginia ;  and 
lijd  l)een  followed  up  under  all  subsequent  ad- 
llninistrations.    With  General  Jackson  it  was 


nothing  but  the  continuation  of  an  established 
policy,  but  one  in  which  he  heartilj'  concurred, 
and  of  which  his  local  position  and  his  experience 
made  him  one  of  the  safest  of  judges  ;  but,  like 
every  other  act  of  his  administration,  it  was 
destined  to  obloquy  and  opposition,  and  to  mis- 
representations, which  have  survived  the  object 
of  their  creation,  and  gone  into  history.     He  was 
charged  with  injustice  to  the  Indians,  in  not 
protecting  them  against  the  laws  and  jurisdiction 
of  the  States ;  with  cruelty,  in  driving  them 
away  from  the  bones  of  their  fathers ;  with  rob- 
bery, in  taking  their  lands  for  paltry  considera- 
tions.    Parts  of  the  tribes  were  excited   to 
resist  the  execution  of  the  treaties,  and  it  even 
became  necessary  to  send  troops  and  distinguish- 
ed generals — Scott  to  the  Cherokees,  Jesup  to 
the  Creeks — to  efiect  their  removal ;  which,  by 
the  mildness  and  steadiness  of  these  generals, 
and  according  to  the  humane  spirit  of  their 
orders,  was  eventually  accomplished  without  the 
aid  of  force.    The  outcry  raised  against  General 
Jackson,  on  account  of  these  measures,  reached 
the  ears  of  the  French  traveller  and  writer  on 
American  democracy  (De  Tocqueville),  then  so- 
journing among  us  and  collecting  materials  for 
his  work,  and  induced  him  to  write  thus  in  his 
chapter  18 : 

"  The  ejectmeni:  cf  the  Indians  very  often  takes 
place,  at  the  present  day,  in  a  regular,  and,  as  it 
were,  legal  manner.  When  the  white  popula- 
tion begins  to  approach  the  limit  of  a  desert 
inhabited  by  a  savage  tribe,  the  government  of 
the  United  States  usually  dispatches  envoys  to 
them,  who  assemble  the  Indians  in  a  large  plain, 
and  having  first  eaten  and  drunk  with  them, 
accost  them  in  the  following  manner :  '  What 
have  you  to  do  in  the  land  of  your  fathers  ? 
Before  long  you  must  dig  up  their  bones  in  order 
to  live.  In  what  respect  is  the  country  you  in- 
habit better  than  another  ?  Are  there  no  woods, 
marshes  or  prairies,  except  where  you  dwell  ? 
and  can  you  live  nowhere  but  under  your  own 
sun  ?  Beyond  those  mountains,  which  you  see 
at  the  horizon — beyond  the  lake  which  bounds 
your  territory  on  the  west — there  lie  vast  coun- 
tries where  beasts  of  chase  are  found  in  great 
abundance.  Sell  your  lands  to  us,  and  go  and 
live  happily  in  those  solitudes.' 

"After  holding  this  language,  they  spread 
before  the  eyes  of  thelndinns  fire-arms,  woollen 
garments,  kegs  of  brandy,  glass  necklaces,  brace- 
lets of  tinsel,  ear-rings,  and  looking-glasses. 
If,  when  they  have  beheld  all  these  riches,  they 
still  hesitate,  it  is  insinuated  that  they  have  not 
the  meaus  of  refusing  their  required  consent 


692 


TIIIUTY  YKAIW  VIEW. 


and  that  the  povernmcnt  itself  will  not  long 
have  the  power  of  protecting  them  in  their 
rights.  What  arc  they  to  do  ?  Ilaif  convinced, 
half  compelled,  they  go  to  inhabit  new  deserts, 
whore  the  importunate  whites  will  not  permit 
them  to  remain  ton  years  in  tranquillity.  In 
this  manner  do  the  Americans  obtam,  at  a  very 
low  price,  whole  provinces,  which  the  richest 
sovereigns  in  Europe  could  not  purchase." 

The  Orecian  Plutarch  deemed  it  necessary  to 
reside  forty  years  in  Home,  to  qualify  himself 
to  write  the  lives  of  some  Roman  citizens  ;  and 
then  made  mistakes.  European  writers  do  not 
deem  it  necessary  to  reside  in  our  country  at  all 
in  order  to  write  our  history.  A  sojourn  of  some 
months  in  the  principal  towns — a  rapid  flight 
along  some  great  roads — the  gossip  of  the  steam- 
boat, the  steam-car,  the  stage-coach,  and  the 
hotd — the  whispers  of  some  earwigs — with  the 
reading  of  the  daily  papers  and  the  periodicals, 
all  more  or  less  engaged  in  partisan  warfare — 
and  the  view  of  some  debates,  or  scene,  in  Con- 
gress, which  may  be  an  exception  to  its  ordinary 
decorum  and  intelligence:  these  constitute  a 
modern  European  traveller's  qualifications  to 
write  American  history.  No  wonder  that  they 
commit  mistakes,  even  where  the  intent  is  honest. 
And  no  wonder  that  Mons.  do  Tocqucville,  with 
admitted  good  intentions,  but  with  no  "forty 
years  "  residence  among  lis,  should  be  no  excep- 
tion to  the  rule  which  condemns  the  travelling 
European  writer  of  American  history  to  the 
compilation  of  facts  manufactured  for  partisan 
effect,  and  to  the  invention  of  reasons  supplied 
from  his  own  fancy.  I  have  already  had  occa- 
sion, several  times,  to  correct  the  errors  of  Mons. 
de  Tocqucville.  It  is  a  compliment  to  him, 
implicative  of  respect,  and  by  no  means  extend- 
ed to  others,  who  err  more  largely,  and  of  pur- 
pose, but  less  harmfully.  Ilis  error  in  all  that 
lie  has  here  written  is  profound !  and  is  injuri- 
ous, not  merely  to  General  Jackson,  to  whom 
his  mistakes  apply,  but  to  the  national  charac- 
ter, made  up  as  it  is  of  the  acts  of  individuals ; 
and  which  character  it  is  the  duty  of  ever}' 
American  to  cherish  and  exalt  in  all  that  is 
worthy,  and  to  protect  and  defend  from  all  un- 
just imputation.  It  was  in  this  sense  that  I 
marked  this  passage  in  Do  Tocqucville  for  re- 
futation as  soon  as  his  book  appeared,  and  took 
steps  to  make  the  contradiction  (so  far  as  the 
alleged  robbery  and  cheating  of  the  Indians  was 
concerned)  authentic  and  complete,  and  as  pub- 


lic and  durable  as  the  archives  of  the  govern- 
ment itself.  In  this  sense  I  had  a  call  made  fur 
a  full,  numerical,  chronological  and  oilicial  state- 
ment  of  all  our  Indian  purchases,  from  the  be- 
gining  of  the  federal  government  in  1789  to  that 
day,  1840— tribe  by  tribe,  cession  by  cession, 
year  by  year — for  the  fifty  years  which  the  gov- 
ernment had  existed;  with  the  number  of  acns 
acquired  at  each  cession,  and  the  amount  paid 
for  each. 

The  call  was  made  in  the  Senate  of  the  Uni- 
ted States,  and  answered  by  document  No.  010, 
Ist  session,  2Gth  Congress,  in  a  document  of 
thirteen  printed  tabular  pages,  and  autheuticattd 
by  the  signatures  of  Jlr.  Van  Buren,  President; 
Mr.  Poinsett,  Secretary  at  War;  and  Mr.  Hart- 
ley Crawford,  Commissioner  of  Indian  Ad'airs. 
From  this  document  it  appeared,  that  the  I'lii- 
ted  States  had  paid  to  the  Indians  cighty-llvu 
millions  of  dollars  for  land  purchases  up  to  tlie 
year  1840 !  to  which  five  or  six  millions  iniiy 
be  added  for  purchases  since — say  ninety  mil- 
lions.   This  is  near  six  times  as  much  as  tlic 
United  States   gave    the  great  Najjoleon   fir 
Louisiana,  the  whole  of  it,  soil  and  jurisdiction; 
and  nearly  three  times  as  much  as  all  three  of 
the  great  foreign  purchases — Louisiana,  Floriiiii 
and  California — cost  us !  and  that  for  soil  alone, 
and  for  so  much  as  would  only  be  a  fnigmiiit 
of  Louisiana  or  California.    Impressive  as  this 
statement  is  in  the  gross,  it  becomes  more  so  in 
the  detail,  and  when  applied  to  the  particiilii' 
tribes  whose  imputed  sufferings  have  drawn  so 
mournful  a  picture  from  Mons.  de  Tocqucville, 
These  arc  the  four  great  southern  tribes — Ciciks, 
Cherokees,  Chickasaws  and  Choctaws.    Applied 
to  them,  and  the  table  of  purchases  and  piiy- 
nients    stands   thus :    To   the   Creek    Indian? 
twentj'-two  millions  of  dollars  for  twenty-live 
millions  of  acres;  which  is  seven  millions  more 
than  was  paid  France  for  Louisiana,  and  seven- 
teen millions  more  than  was  paid  Spain  for 
Florida.    To  the  Choctaws,  twenty -three  mil- 
lions of  dollars  (besides    reserved  tracts),  for 
twenty  millions  of  acres,  being  three  millions 
more  than  was  paid  for  Louisiana  and  I'loriilii. 
To  the  Cherokees,  fur  eleven  millions  of  ucres, 
was  paid  about  fifteen  millions  of  dollars,  tiie 
exact  price  of  Louisana  or  California.    To  llio 
Chickasaws,  the  whole  net  amount  for  which  i 
this  country  sold  under  the  land  system  of  the  j 
United  States,  and  by  the  United  States  land  i 


ANNO  18Sn.     ANDREW  JACKSON,  mESIDENT. 


693 


,9  thcarcluvcsof  thogoyo-n- 

thiB  sense  I  ha.1  a  call  made  for 
chronoldgicul  and  oflicml  state- 

Indian  purchases,  ^romihch, 
Icral  government  in  1789  to  that 

,c  by  tril'C,  cession  by  cession, 
or  the  lifty  years  which  the  Kov- 
isted;  with  the  number  of  acrts 
h  cession,  and  the  amount  paid 

,  n^ado  in  the  Senate  of  the  Unl- 
,  answered  by  document  No.  OK. 

Jth  Congress,  in  a  document  o 
•dtabuhir  pages,  and  authcnticatal 
,rcsofMr.VanBuren,Pre8ukut; 
Secretary  at  War;  and  Mr  llait- 

Commissioner  of  Indian  Atlair.. 
cumcnt  it  apiM^ared,  that  the  I  lu- 

,1  paid  to  the  Indians  cighty-livu 
)lUrs  for  land  purchases  up  to  tk> 
o  which  five  or  six  millions  imy 
purchases  since-say  ninety  iml- 
L  near  six  times  as  much  a«  the 
OS  gave  the  great  Napoleon  f.r 
,c  whole  of  it,  soil  and  jimsdict.ou; 

hrce  times  as  much  as  all  tW  .f 
.eign  purchases-Louisiana,    lovuk 

ia-cost  us  land  that  for  sod  alone, 
,uch  as  would  only  be  a  fragimit 
,  or  California.    Impressive  as  this 
,  in  the  gross,  it  becomes  move  sou, 
tnd  Ihen  applied  to  the  pavt.culiv 
p  hnputed  sufferings  have  dra.n  jo 
picture  from  Mons.de  rocqucMle. 
e  four  great  southern  tnbes-ticeks 
ChickasawsandChoctaws.    Apvlad 
Id  the  table  of  purchases  and  pay- 
\Ci,  thus:    To   the  Creek   Indai. 
>  nViUions  of  dollars  for  tsyenty-Hvo 
acres;  which  is  seven  millions  ...ore 
,id  France  for  Louisiana,  aiul  sm..- 
,„s  more  than  was  paid  Spa,.i  f;. 
to  theChoctaws,twenty-th.ecM...l- 
Lrs  (besides    reserved  tracts    for 
Lns'of  acres,  being  three  n.- 

Ivas  paid  for  Loaismna  and  Ho.    ■ 
',rokees,ll.r  eleven  millions  of  ucu, 

.out  fifteen  millions  of  dom.«^ 
.  of  Louisana  or  California,    lo  U 

L  the  whole  net  amount  for  ^^ 
':  lid  under  the  land  system  of  tl. 

Cud  by  the  United  SUtcs  la..a 


le 


offlccrH,  three  niillionH  of  dollars  for  six  and 
three-quarter  millions  of  acres,  being  the  way 
the  nation  chose  to  dispose  of  it.  Hero  are 
fiffy-six  millions  to  four  tribes,  leaving  thirty 
millions  to  go  to  the  small  tribes  whoso  names 
nro  unknown  to  history,  and  which  it  is  probable 
tlic  writer  on  American  democracy  ha«l  never 
hoard  of  when  sketching  the  picture  of  their 
fancied  oppressions. 

I  will  attend  to  the  case  of  these  small  re- 
mote tribes,  and  say  that,  besides  their  propor- 
tion of  the  remaining  thirty-six  millions  of 
dollars,  they  received  a  kind  of  compensation 
suited  to  their  condition,  and  intended  to  induct 
them  into  the  comforts  of  civilized  life.    Of 
tliese  I  will  give  one  example,  drawn  from  a 
treaty  with  the  Osagcs,  in  1830  ;  and  which  was 
only  in  addition  to  similar  Iwneflts  to  the  same 
tribe,  in  pn^vious  treaties,  and  which  were  ex- 
tended to  all  the  tribes  which  were  in  the  hunt- 
ing state.     These  benefits  were,  to  these  Osages, 
two  blacksmith's  shops,  with  four  blacksmiths, 
with  five  hundred  pounds  of  iron  and  sixty 
pounds  of  steel  annually;  a  grist  and  a  saw 
mill,  with  millers  for  the  same ;  1,000  cows  and 
calve;-;   two   thousand   breeding   swine;    1,000 
ploughs  ;  1,000  sets  of  horsc-gcar ;  1,000  axes; 
1,000  hoes  ;  a  house  each  for  ten  chiefs,  costing 
two  hundred  dollars  apiece;   to  furnish  these 
chiefs   with   six   good  wagons,   sixteen   carts, 
twenty-eight  yokes  of  oxen,  with  yokes  and 
log-chain ;  to  pay  all  claims  for  injuries  com- 
mitted by  the  tribe  on  the  white  jH-'ople,  or  on 
other  Indians,  to  the  amount  of  thirty  thousand 
dollars ;  to  purcha.se  their  reserved  lands  at  two 
dollars  per  acre  ;  three  thousand  dollars  to  re- 
imburse that  sum  for  so  much  deducted  from 
their  annuity,  in  1825,  for  property  taken  from 
the  whites,  and  since  returned ;  and,  finally, 
three   thousand  dollars  more  for  an  imputed 
wrongful  withholding  of  that  amount,  for  the 
same  reason,  in  the  annuity  [Miymcnt  of  the 
year  1829.    In  previous  treaties,  had  been  given 
seed  grains,  and  seed  vegetables,  with  fruit  seeds 
and  fruit  trees;  domestic  fowls;    laborers  to 
plough  up  their  ground  and  to  make  their  fences, 
to  raise  crops  and  to  save  them,  and  teach  the 
Indians  how  to  farm ;  with  spinning,  weaving, 
and  sewing  implements,  and  persons  to  show 
their  use.    Now,  all  ths  was  in  one  single  trea- 
ty, with  an  inconsiderable  tribe,  which  had  been 
largely  provided  for  in  the  same  way  in  six  dif- 


ferent previous  treaties  !  And  all  the  rude  trilxjs 
— those  in  the  hunting  state,  or  just  emerging 
from  it — were  provided  for  in  the  same  luaiiner, 
the  object  of  the  United  States  being  to  train 
them  to  agriculture  and  pasturage — to  conduct 
them  from  the  hunting  to  the  pastoral  and  agri- 
cultural state ;  and  for  that  purpose,  and  in  ad- 
diticm  to  all  other  benefits,  arc  to  be  added  the 
support  of  schools,  the  encouragement  of  mis- 
sionaries, and  a  small  annual  contribution  to 
religious  societies  who  take  charge  of  their  civ- 
ilization. 

Hcsides  all  this,  the  government  keeps  up  a 
large  establishment  for  the  speciial  care  of  the 
Indians,  and  the  management  of  their  affairs  ;  a 
special  bureau,  presided  over  by  a  commissioner 
at  Washington  City  ;  superintendents  in  dilfer- 
ent  districts  ;  agents,  sub-agents,  and  interpret- 
ers, resident  with  the  tribe;   and  oil  charged 
with  seeing  to  their  rights  and  interests — seeing 
that  the  laws  are  observed  towards  them  ;  that 
no  injuries  arc  done  them  by  the  whites  ;  that 
none  but  lict>nsed  traders  go  among  them ;  that 
nothing  shall  be  bought  from  them  which  is  ne- 
cessary for  their  comfort,  nor  any  thing  sold  to 
them  which  may  be  to  their  detriment.     Among 
the  prohibited  articles  are  spirits  of  all  kinds ; 
and  so  severe  are  the  penalties  on  this  head,  that 
forfeiture  of  the  license,  forfeiture  of  the  whole 
cargo  of  goods,  forfeiture  of  the  penalty  of  the 
bond,  and  immediate  suit  in  the  nearest  federal 
court  for  its  recovery,  expulsion  from  the  Indian 
country,  and  disability  for  ever  to  acquire  another 
license,  immediately  follow  every  breach  of  the 
laws  for  the  introduction  of  the  smallest  quan- 
tity of  any  kind  of  spirits.     IIow  unfortunate, 
then,  in  M.  do  Tocqneville  to  write,  that  kegs 
of  brandy  are  spread  before  the  Indians  to  in- 
duce them  to  sell  their  lands !    IIow  unfortunate 
in  representing  these  purchases  to  be  made  in 
exchange  for  woollen  garments,  glass  necklaces, 
tinsel  bracelets,  ear-rings,  and  looking-glasses  ! 
What  a  picture  this  assertion  of  his  makes  by 
the  side  of  the  eighty-five  millions  of  dollars  at 
that  time  actually  paid  to  those  Indians  for  their 
lands,  and  the  long  and  large  list  of  agricultural 
articles  and  implements— long  and  large  list  of 
domestic  animals  and  fowls — the  am{  le  supply 
of  mills  and  shops,  with  mechanics  to  work 
I  them  and  teach  their  use— the  provisions  for 
schools  and  missionaries,  for  building  fences  and 
houses — which  are  found  in  the  Osage  treaty 


694 


THIRTY  YEARS'  VIEW. 


quoted,  and  which  are  to  be  found,  morn  or  less, 
in  every  treaty  with  every  tribe  emerging  from 
the  hnntor  state.  The  fact  is,  that  the  govern- 
ment of  the  United  States  has  made  it  a  fixed 
policy  to  cherish  and  protect  the  Indians,  to  im- 
prove their  condition,  and  turn  them  to  the 
habits  of  civilized  life  ;  and  great  is  the  wrong 
and  injury  which  the  mistake  of  this  writer  hns 
done  to  our  national  character  abroad,  in  repre- 
senting the  United  States  as  clieating  and  rub- 
bing these  children  of  the  forest. 

But  Mons.  de  Tocqueville  has  quoted  names 
and  documents,  and  particular  instances  of  im- 
position upon  Indians,  to  justify  his  picture ;  and 
in  doing  so  has  committed  the  mistakes  into 
which  a  stranger  and  sojourner  may  easily  fall. 
He  cites  the  report  of  Messrs.  Clark  and  Cass, 
and  makes  a  wrong  application — an  inverted  ap- 
plication— of  what  they  reported.  They  were 
speaking  of  the  practices  of  disorderly  persons 
in  trading  with  the  Indians  for  their  skins  and 
fu)'8.  They  were  reporting  to  the  government 
an  abuse,  for  correction  and  punishment.  They 
were  not  speaking  of  United  States  commission- 
ers, treating  for  the  purchase  of  lands,  but  of 
individual  traders,  violating  the  laws.  They 
were  themselves  those  commissioners  and  super- 
intendents of  Indian  affairs,  and  governors  of 
Territories,  one  for  the  northwest,  in  Michigan, 
the  other  for  the  far  west,  in  Missouri ;  and  both 
noted  for  their  justice  and  humanity  to  the  In- 
dians, and  for  their  long  and  careful  adminis- 
tration of  their  affairs  within  their  respective 
superintendencics.  Mons.  de  Tocqueville  has 
quoted  their  words  correctly,  but  with  the  comi- 
cal blunder  of  reversing  their  application,  and 
applying  to  the  commissioners  themselves,  in 
their  land  negotiations  for  the  government,  the 
cheateries  which  they  were  denouncing  to  the 
government,  in  the  illicit  tniflBc  of  lawless 
traders.  This  was  the  comic  blunder  of  a 
stranger :  yet  this  is  to  appear  as  American  his- 
tory in  Europe,  and  to  be  translated  into  our 
own  language  at  home,  and  commended  in  a  pre- 
face and  notes. 


CHAPTER    CLV. 

BECIBION  OF  THE  TREA8UBT  CIRCULAR. 

Immediately  upon  the  opening  of  the  Scnnts 
and  the  organization  of  the  body,  Mr.  Ewing, 
of  Ohio,  gave  notice  of  his  intentitm  to  move  a 
joint  resolution  to  rescind  trie  treasury  circular; 
and  on  hearing  the  notice,  Mr.  Benton  made  it 
known  that  he  would  oppose  the  resolution  at 
the  second  reading — a  step  seldom  resorted  to 
except  when  the  measure  to  be  so  opposed 
is  deemed  too  flagrantly  wrong  to  be  entitled 
to  the  honor  of  rejection  in  the  usual  forms  of 
legislation.  The  debate  came  on  promptly,  and 
upon  the  lead  of  the  mover  of  the  resolution,  in 
a  prepared  and  well-considered  speech,  in  which 
he  said : 

"  This  extraordinary  paper  was  isstied  by  the 
Secretary  of  the  Treasury  on  the  11th  of  .July 
last,  in  the  form  of  a  circular  to  the  receivers  of 
public  money  in  the  several  land  offices  in  the 
United  States,  directing  them,  after  the  l^th  nf 
August  then  next,  to  receive  in  payment  fur 
public  lands  nothing  but  gold  and  sihcr  nmi 
certificates  of  deposits,  signed  by  the  Treasiner 
of  the  United  States,  with  a  saving  in  favor  of 
actual  settlers,  and  bona  fide  residents  in  the 
State  in  which  the  land  happened  to  lie.    Thi< 
saving  was  for  a  limited  time,  and  expires,  I 
think,  to-morrow.    The  professed  object  of  this 
order  was  to  check  the  speculations  in  imblic 
lands ;  to  check  excessive  issues  of  bank  paper 
in  the  West,  and  to  increase  the  specie  ciu-rency 
of  the  country ;  and  the  necessity  of  the  mea- 
sure was  supported,  or  pretended  to  be  support- 
ed, by  the  opinions  of  members  of  this  body  and 
the  other  branch  of  Congress.   But,  before  I  pro- 
ceed to  examine  in  detail  this  paper,  its  ciiarac- 
ter,  and  its  consequences,  !  will  briefly  advert 
to  the  state  of  things  out  of  which  it  f.xw:   I 
am  confident,  and  I  believe  I  can  make  the  thinp; 
manifest,  that  the  avowed  objects  were  not  the 
only,  nor  even  the  leading  objects  for  whicli  this 
order  was  framed  ;  they  may  have  influenced  t!ie 
minds  of  some  who  advised  it,  but  those  who 
planned,  and  those  who  at  last  virtually  exe- 
cuted it,  were  governed  by  other  and  different 
motives,  which  I  shall  proceed  to  explain.   It 
was  foreseen,  prior  to  the  commencement  of  the 
last  session  of  Congress,  that  there  would  be  a 
very  large  surplus  of  money  in  the  public  trea- 
sury beyond  the  wants  of  the  country  for  all 
their  reasonable  expenditures.    It  was  also  well 
understood  that  the  land  bill,  or  some  other 
measure  for  the  distribution  of  this  fund,  would 
be  again  presented  to  Congress ;  and,  if  the  true 


ANNO  1836.    ANDREW  JACKSON,  rii&4IDENT. 


695 


APTEK    CliV. 

)F  TlIK  TUEASUBY  ClRCtTLAR. 

upon  the  opcninp;  of  the  Scnnt« 
nzation  of  the  body,  Mr.  Ewing, 
notice  of  his  intention  to  move  a 
,n  to  rescind  tnc  treasury  circular; 
,R  the  notice,  Mr.  Benton  made  it 
10  would  oppose  the  rcfiolution  at 
iding— a  step  seldom  resorted  to, 

the  measure  to   he  so  oppose,! 
,0  flagrantly  wrong  to  be  cntitltd 

of  rejection  in  the  usual  formH  of 
The  debate  came  on  promptly,  ami 
I  of  the  mover  of  the  resolution,  in 
id  well-considered  speech,  in  which 

raordinary  paper  was  issued  by  the 
the  Treasury  on  the  11th  of  July 
orm  of  a  circular  to  the  receivers  .,f 
y  in  the  several  land  offices  m  the 
L  directing  them,  after  the  ir.thnf 
n  next,  to  receive  m  payment  for 
i  Tiothing  but  gold  and  siKor  and 
of  deposits,  signed  by  the  ln>asna.r 
ted  States,  with  a  savmg  in  favor  ol 
3rs,  and  bona  fide  i-esidents  in  the 
ich  the  land  happened  to  he.    This 
for  a  limited  time,  and  expires  I 
arrow.    The  professed  object  of  this 
o  check  the  speculations  in  puhlic 
leck  excessive  issues  of  bank  paper 
and  to  increase  the  specie  currency 
li'trv ;  and  the  necessity  of  the  men- 
pported,  or  pretended  to  be  suppcvt- 
'"dnions  of  members  of  this  body  and 
•anch  of  Congress.  But,  before  I  pro- 
line in  detail  this  paper,  its  clmrac- 
consequences,  I  will  briefly  ailvcrl  | 
ofthingsoutof  which  It  g.-cw.   1 
,t  and  I  believe  I  can  make  Ihethmi; 
,at  the  avowed  objects  were  not  the 
ren  the  leading  objects  for  which  this 
•amed ;  they  may  have  influenced  the 
ome  who  advised  it,  but  those  who 
,d  those  who  at  last  virtually  exc- 
'■re  governed  by  other  and  differcn 
rtich  I  shall  proceed  to  explain.   It 
■n  prior  to  the  commencement  ot  the 
I  of  Congress,  that  there  would  he  a 
surplus  of  money  in  the  public  trea- 
d  the  wants  of  the  country  for  a 
'  table  expenditures.    It  was  also  wil 
that  the  land  bill,  or  some  othe 
/the  distribution  of  this  fundjou 

esented  to  Congress ;  and,  if  the  trae 


condition  of  the  priblic  sentiment  wore  know  i 
and  understood,  that  its  dlHtribntion,  in  some 
form  or  other,  wr.uld  bo  demanded  Vy  the  coun- 
try.    On  the  other  hand,  it  seems  to  have  been 
determined  bv  t  le  party,  and  some  of  those  who 
net  with  it  thoroughly,  that  the  money  should 
remain  where  ii,  was  in  the  deposit  hanks,  so 
that  it  could  by  wielded  at  pleasure  by  the  exe- 
cntiv.    This  order  grew  out  of  the  contest  to 
which  I  have  reterred.    It  was  issued  not  by 
tlie  advice  of  Congn<ss  or  under  the  sanction  of 
any  law.    It  was  delayed  until  Concress  was 
fairly  out  of  the  city,  and  all  possibility  of  inter- 
ference by  lecrislation  was  removed ;  and  then 
rnme  forth  this  new  and  last  expedient.    It  was 
knovrn  that  the.se  funds,  received  for  public 
lands,  had  liecome  a  chief  source  of  revenue,  and 
it  may  have  occurred  to  some  that  the  passage 
of  a  treasury  order  of  this  kind  would  have  a 
tendency  to  embarrass  the  country ;  and  us  the 
bill  for  the  re'/ulation  of  the  deposits  had  Just 
passed,  the  public  might  bo  brought  to  believe 
that  all  the  mischief  occasioned  by  the  order 
was  the  effect  of  the  distribution  bill.    It  has, 
indeed,  happened,  that  this  scheme  has  failed ; 
the  public  understand  it  rightly,  but  that  was 
not  by  any  means  certain  at  the  time  the  mea- 
sure was  devised.    It  was  not  then  foreseen  that 
the  pcojtlo  would  as  generally  see  through  the 
contrivance  as  it  has  since  been  found  that  they 
do.   There  may  have  been  various  other  motives 
wliich  led  to  the  measure.    Many  minds  were 
probably  to  be  consulted;  for  it  is  nottol)e  pre- 
smnt'd  that  a  step  like  this  was  taken  without 
nuisultation.  and  guided  by  the  will  of  a  single 
individual  alone.    That  is  not  the  way  in  which 
tliese  things  are  done.     No  doubt  one  effect 
lioped  for  by  some  was,  that  a  check  would  be 
put  to  the  sales  of  the  public  lands.    The  ope- 
ration of  the  order  would  naturally  l)o,  to  raise 
tlie  price  of  land  by  raisinir  the  price  of  the  cur- 
rency in  which  it  was  to  be  paid  for.   But,  while 
this  would  be  the  effect  on  small  buyers,  those 
who  purchased  on  a  large  scale  would  be  cna- 
hled  to  sell  at  an  advance  of  ten  or  fifteen  per 
cent,  over  what  would  have  been  given  if  the 
United  States  lands  had  been  open  to  purchasers 
in  the  ordinary  way.    Those  who  had  borrowed 
money  of  the  deposit  banks  and  paid  it  out  for 
lands,  would  thus  be  enabled  to  make  sales  tO 
advantage ;  and  by  means  of  such  sales  make 
payment  to  the  banks  who  found  it  necessary 
to  call  in  their  large  loans,  in  order  to  meet  the 
provisions  of  the  deposit  bill.    The  order.  ti.ere- 
fore,  was  likely  to  operate  to  the  common  benefit 
of  the  deposit  banks  and  the  great  land  dealers, 
while  it  counteracted  the  effect  of  the  obnoxious 
deposit  bill.    There  may  have  been  yei  another 
motive  actuating  some  of  those  who  devised  this 
order.  There  was  danger  that  the  deposit  banks, 
when  called  upon  to  refund  the  public  treasure, 
would  be  unable  to  do  it :  indeed,  it  was  said 
on  this  iloor  that  the  immediate  effect  of  the 
distribution  bill  would  be  to  break  those  banks. 
Now  this  treasury  order  would  operate  to  col- 


lect the  sjK'cie  of  the  country  into  the  land  of- 
fices, whence  it  wrmld  immediately  go  into  the 
deposit  banks,  and  would  prove  an  acceptable 
aid  to  them  while  making  the  transfers  required 
by  law.  These  seem  to  me  to  have  lK«en  among 
the  real  motives  which  led  to  the  adoption  of 
that  order." 

Mr.  Ewing  then  argued  at  length  against  the 
legality  of  the  treasury  circular,  quoting  tho 
joint  resolution  of  IHKi.  and  insisting  that  its 
provisions  had  been  vii)iati.rl ;  also  insisting  on 
the  largeness  of  tho  surplus,  and  that  it  had 
turned  out  to  be  much  larger  than  was  admitted 
by  the  friends  of  the  administration ;  which 
latter  assertion  was  in  fact  true,  because  tho 
appropriations  for  the  public  service  (the  bills 
for  which  wfrc  in  tho  hands  of  tho  opposition 
members)  had  been  kept  off  till  the  middle  of 
the  summer,  and  could  not  be  used ;  and  so  left 
some  fifteen  millions  in  the  treasury  of  appro- 
priated money  which  fell  under  the  terms  of  the 
deposit  act,  and  become  divisible  as  surplus. 

Mr.  Benton  replied  to  Mr.  Ewing,  .saying : 

"  In  the  first  of  these  objects  tho  present 
movement  is  twin  brother  to  the  famous  reso- 
lution of  1833,  but  without  its  boldness ;  for 
that  resolution  declared  its  object  upon  its  face, 
while  this  one  eschews  specification,  and  inaidi- 
ously  seeks  a  judgment  of  condemnation  by  in- 
ference and  argument.  In  the  second  of  these 
objects  every  liody  will  recognize  the  great  de- 
sign of  the  second  branch  of  the  same  famous 
resolution  of  1833,  which,  in  the  restoration  of 
the  deposits  to  the  Bank  of  the  United  States, 
clearly  went  to  the  establishment  of  the  paper 
system,  and  its  supremacy  over  tho  federal  gov- 
ernment. The  present  moveiueut,  therefore,  is 
a  second  edition  of  the  old  one,  but  a  lame  and 
impotent  affair  compared  to  that.  Then,  we  had 
a  magnificent  panic ;  now,  nothing  but  a  misera- 
ble starveling!  For  though  the  letter  of  the 
president  of  the  Bank  of  the  United  States  an- 
nounced, early  in  November,  that  the  meeting 
of  Congress  was  the  time  for  the  new  distress 
to  become  inten.se,  yet  we  are  two  weeks  deep 
in  the  session,  ".nd  no  distress  memorial,  no  dis- 
tress deputation,  no  distress  committees,  to  this 
hour  I  Nothing,  in  fact,  in  that  line,  but  the 
distress  speech  of  the  gentleman  from  Ohio  [Mr. 
Ewing] ;  so  that  the  new  panic  of  183G  has  all 
the  signs  of  being  a  lean  and  slender  aflair — a 
mere  church-mouse  concern — a  sort  of  dwarf- 
ish, impish  imitation  of  the  gigantic  spectre  which 
stalked  through  the  land  in  1833." 

Mr.  Benton  then  showed  that  this  subaltern 
and  Lilliputian  panic  was  brought  upon  the  stage 
in  the  same  way,  and  by  the  same  managers,  with 
its  gigantic  brother  of  1833-'34 ;  and  quoted  from' 


696 


TlirilTY  WMW  VIKW. 


a  pulilislii'd  letter  uf  Mr.  Hiilillo  in  Novciiihcr   wtir  to  !>«•  in  ipccic,  with  one  oxccptirm.  fur  n 
jirfciMliiijr,  iukI  ii  juililin  itpofch  of  Mr.  Clay  in    ^'""^  'Inriitiun,  ii  nn)<t  ill-iulvised,  illt-jriil,  ni„| 
the  in.mth  of  SeptmiluT  prm.linjr,  ii.  ^.i.j^,  i  P^'n'i'-i"'!^  "|i-HHNr«;.     ri^.-'inripl..  it  wns  wn....^ 
,  ,  ^      i     .      .  '  ">   pnwticf  It  wiii  favor  the  vi-rv  Hpeciiliilici, 

tlu-yp;iivcotit  IIiepn)-nmmR.f.nllieii.stit.i;:on  „.i,i,.|,  jt  ,,„,fi.Hsos  to  emli'iivor"  to  mippiv.s 
of  tiie  Utile  panic;  and  tlie  proeoedinn  nuainst  Tlie  olliccr  wlio  issued  it,  ns  if  eonKeioiin  of  n, 
llu"  PriHident  for  violatinf;  tlie  laws ;  and  against   ol>noxion«cJmraet('i-,  slieltern  liimsolf  tM'liind  tli,. 

name  of  the  I*ri'Ni(lent.     Hut  (he  I'n'Mident  aii<l 


lliu  tivaBury  order  itself  as  (lie  eause  of  tlie  new 
diritresH.  Mr.  liiddle  in  liiH  puhlication  said : 
"Our  pecuniary  contlition  neeniH  to  lx«  a  Mtranj;e 
unoniaiy.  When  Con^^resn  ailjourned,  it  left 
the  country  with  al)uniknt  crops,  and  hi^li 
jirices  for  tlieni— witli  every  branch  of  industry 
lloiuisliin^',  and  witii  inoiv  specie  tiian  we  ever 
liad  before — willi  ail  tlie  elements  of  universal 
j)i()sperily.  None  of  these  have  under^rone  the 
.siif;litest  elianne;  yet,  after  a  few  nionthn,  Con- 
gress will  re-asHcmble,  and  (iml  the  whole  coun- 
try snlHring  intense  pecuniary  iiistix's.s.  The 
occawion  of  this,  and  the  remedy  for  it,  will  oc- 
cupy our  thouj,'hts.     In  my  judgment,  the  main 


Sciretnry  had  no  right  to  promulgate  unv  siuli 
order.  The  law  admits  of  no  Nuch  discriinina- 
(ion.  Tf  the  resolution  of  the  'MHU  of  April, 
IHIC,  continued  in  operation  (and  the  adminis- 
tration on  the  occasion  of  th«  removal  of  the  dc- 
jH)si(,s,  nnd  on  the  present  occasion,  ndies  upon 
It  as  in  full  fonic),  it  gave  the  Secretary  nosiicji 
disciTlion  as  he  has  exercised.  That  reHoludmi 
riMpiired  and  directed  the  Secretary  of  tlic 
Treasury  to  adopt  such  measures  as  ho  niijrlit 
deem  necessary,  '  to  <huho,  as  soon  as  may  he, 
all  duties,  taxes,  debts,  or  sums  of  money,  no- 
cniing  or  becoming  payable  to  the  United  States, 
to  1k>  collected  ancl  paid  in  the  legal  currency  of 
the  Cnited  States,  or  treasury  n«)teB,  or  notes 
of  the  Hank  of  the  United  States,  as  by  law  pro- 
vided and  declared,  or  in  notes  of  banks  wlijeh 
are  payable  and  paid  on  demand,  in  said  le|;ul 


cause  of  it  is  tlie  mismanagement  of  the  !*eve 

nue — mismanagement  in  two  respects :  the  mo<le  '  furri'ucy  of  the  Uiiited  States.'    This  resolution 

of  executing  the  .listrii.ution  law,  and  the  onler  i  T"'  ^''^l""^'''''  ""''  prohibitory  npon  the  .S.rre. 

.    ,,       ,  „   .         ...     tarv  only  as  to  the  notes  of  banks  not  rediem- 

recpnnng  siK-cie  (or  the  payment  of  the  public  |  ,ii,ii,  j,,  ,„pecio  ,m  demand.     As  to  all  such  notes. 

l.imls — an  act  which  seems  to  me  a  most  wan- 


ton abuse  of  power,  if  not  a  flagrant  usurpation. 
'I"he  remedy  follows  the  causes  of  the  evils.  The 
first  measure  of  relief,  therefore,  should  be  the 
instant  rejK'al  of  the  treasury  order  rccpiiring 
specie  for  lands ;  the  second,  the  adoption  of  a 
proper  system  to  execute  the  distribution  law. 
These  measures  would  restore  confidence  in 
twenty-four  hours,  and  repose  in  ut  least  as 
many  days.  If  the  treasury  will  not  adopt  them 
voluntarily,  Congress  should  immediately  com- 
mand it."  Thi.s  was  the  recommendation,  or 
mandate,  of  the  president  of  the  liunk  of  the 
United  States,  still  acting  as  a  part  of  the  na- 
tional legislative  jMjwer  even  in  its  new  trans- 
formation, and  keeping  an  eye  upon  that  dis- 
tribution which  Congress  ])assed  as  a  deposit, 
which  he  had  recommemled  as  raising  the  price 
of  the  State  stocks  held  by  the  bank ;  and  the 
delay  in  the  delivery  of  which  he  considers  as 
one  of  the  causes  which  had  luought  on  the  new 
distress.  Mr.  Clay  in  his  Lexington  speech  had 
taken  the  same  grounds ;  and  speaking  of  the 
continued  tampering  with  the  currency  by  the 
administration,  went  on  to  say : 

"  One  rasli,  lawless,  and  crude  experiment 
succeeds  another.  He  considered  the  late  trea- 
sury order,  by  which  all  payments  for  public  land:> 


he  was  forbidden  to  receive  them  fit)m  anil  aflir 
the  2()th  of  February,  1H17.  As  to  tlie  nole^ 
I  of  banks  wliich  were  payable  and  paid  on  di- 
manil  in  specie,  the  resfilution  was  not  juoivK 
jtennissive, it  was  compulsory  and  mantlatoiv. 
He  was  bound,  and  is  yet  bound,  to  ixciivu 
them,  until  Congress  interfere." 

Mr.  Benton  replied  to  the  arguments  of  Mr. 
Ewing,  the  letter  of  Mr.  Riddle,  and  the  s|h'(oIi 
of  Mr.  Clay  ;  and  considen'd  them  all  aa  identi- 
cal, and  properly  answered  in  the  himp,  witliont, 
special  reference  to  the  co-operating  nssailiiiit?. 
On  the  point  of  the  alleged  illegality  of  t!ic 
treasury  order,  he  pnxhiced  the  Joint  llesolu- 
tion  of  181G  under  which  it  was  done  ;  and  (lien 
said : 

"  This  is  the  law,  and  nothing  can  be  jilaincr 
than  the  right  of  selection  which  it  gives  to 
the  Secretary  of  the  Treasury.  Four  did'er- 
ent  »'e(//«  are  mentioned  in  which  the  revenue 
may  be  collected,  and  the  Secretary  is  imulc 
the  actor,  the  agent,  and  the  power,  by  which 
the  collection  is  to  be  effected.  He  is  to 
do  it  in  one,  or  in  another,  lie  may  choose 
several,  or  all,  or  two,  or  one.  All  are  in 
the  disjunctive.  No  two  are  joined  logetiiei', 
but  all  are  disjoined,  and  jjiesented  to  liiui  in- 
dividually and  separately.  It  is  cieaiiy  tiic 
right  of  the  Secretary'  to  order  the  cullectimis  | 
to  be  made  in  either  of  the  four  media  mention- 
ed.   That  the  resolution  is  not  niaudutuiy  iu 


r 


ANNO  18M.     ANDREW  JACKSON,  I'lUXIDKNT. 


697 


,,..(Mi',  with  o!u-  cx.MT  ion  fur  n 
n  iiMwt  ill-i».Jvis...lill«V"li  '»'i'l 
l„n>  IniirlncipU'HwM  wioii^'; 
will  favor  llic  very  Hl-eculutiui, 
■M^os    to  endi'iivor   to  i*ii|.i.r.-^s 

,    iHMU-'l    it,  USif  l'01|«M"11H..I    It. 

iictcr  Kheltcru  JiimsoH  Im-IhihI  thf 
rt.Hi(tent.  Kut  the  ProHi.lrnt  uiwl 
no  riuht  to  nroinulRatc  m.v  hu.!, 
w  a.li»it«  «•^  ""  •"'«''  *•»"«•"'"""■ 
resolution  of  the  aoth  ot  Aj.i  il. 
,1  in  (.Iteration  (and  the  lulmims- 
,K>ca»ion  of  the  removal  of  the  d.- 
the  pn-sent  occasion,  rehex  upon 
tw)  it  cave  the  Secretary  nosucii 
.chasexerciHe.!.  That  resolutum 
directed  the  Secretary  of  the 
lont  Buch  measures  as  ho  inicht 
rv  '  to  ««uHe,  as  soon  as  may  lie, 
xei,  debts,  or  sums  <•[  ^''^I'^^y-,'"- 
iuin!?l)ayuWe  to  the  Ututcd  State, 
d  anil  paid  in  the  lepal  currency  of 
Hates,  or  treasury  notes,  or  notes 
,f  the  United  States,  ashy  law  p.  0- 
•lared,  or  in  notes  of  banks  xvluclj 
and  paid  on  demand,  m  sai.l  lepl 
he  United  States.'  This  resohitu.u 
vc  and  rr'»hihitory  upon  the  Svcri'. 
to  the  notes  of  banks  not  rcUoin- 
.  on  demand.  Astoall  such  noUs, 
ilden  t..  receive  them  fit>"»  and  atur 
February,  1H17.  As  t«  t he  .mU.< 
uch  were  payable  an.l  pai.  o"  il|- 
fie  the  resolution  was  not  mmlv 
t  was  compulsory  and  mandiit.Mv, 
„nd,  and  is  yet  bound,  to  reaivc 
Jongress  inlerfeR-. 

n  replied  to  the  arguments  of  Mr. 

etter  of  Mr.  Biddle,  and  the  sikhcI. 

.  and  considercxl  them  all  as  idonti- 

icrly  answere.1  in  the  lump,  witliout. 
nee  to  the  co-opeinting  nssailantf. 

,t  of  the  alleged  illegality  of  tlie 
cr  he  produced  the  Joint  llesolu- 
undcr  which  it  was  done  ;  and  then 

he  law,  and  nothing  can  be  pluiner 
Ihtof  s^dectlon  which  it  pm-s  to 
Tv  of  the  Treasury.  I'our  ilitlir- 
temenlioned  in  which  the  rcvtuuc 

Lcted    and  the  Secretary  is  imule 
tagen^md  the  power,  by  vyluch 

In  y  to  be  etlected.  He  ;«  tn 
le  or  in  another.  He  may  cho.>.e 
laiC  or  two,  or  one.  All  are  .u 
Ive  No  tv>-o  are  joined  lo;:etlRr, 
disjoined,  and  presented  to  hun...- 

Ind  separately.  U  is  ^'^^\^. 
TSecvetary  to  order  the  coUecti-ms 
Litherofthofourmer/iameutioiv. 

L  resolutioQ  is  not  maudatoij  m 


favor  of  any  one  of  the  four,  \n  nVivlons  from  the 
ninnner  in  which  the  notes  of  the  Bank  of  the 
United  Stut's  are  menti'tned.     They  wtn'  to  be 
received  as  then   provided   for  by  law  ;  for  the 
liiiuli  clinrter  hud  then  just  passed  ;  and  the  Nth 
section  had  provided  for  the  reception  of  the  | 
notes  of  this  institution  until  (Jongress,  by  law,  I 
jlioulil  direct  otherwise.     The  right  of  tlio  in- 
stitution to  deliver  its  iKtt "s  in  piiynient  of  the 
rivciiiii',  was  ant  rior  to  (his  re oliition,  and  al- 
wiiys  held  uiuler  that  1  Hh  section,  never  under 
fills  joint  residution,  and  when  that  section  was 
r  pealed  at  the  last  Mestdon  of  this  Congress,  that 
ri^ht  was  admitted  to  be  gone,  and  lias  never 
liceii  eliiimed  since.     The  words  of  the  law  are 
nlcar;  the  practice  under  it  has  t)een  uniform 
anil  uninterrupted  from  the  date  of  its  passage 
to  the  present  day.     For  twenty  years,  and  un- 
(kr  three  Presidents,  all  tlie  Secretaries  of  the 
Treasury  have  acted  alike.     Kach  has  made  se- 
lections, permitting  tlie  notes  of  some   specie- 
paying  banks    to  be  received,  and  forbidding 
others.    Mr.  Crawford  did  it  in  numerous  in- 
stances ;  and  llerce  and  universal  as  were  the 
attacks  upon  that  eminent  patriot,  during  the 
presidential  canvass  of  lH2i,  no  human  i»eing 
ever  thought  of  charging  him  with  illegality  in 
this  respect.    Mr.  Hush  twice  made  similar  se- 
lections, during  the  administration  of  Mr.  Adams, 
and  no  one,  either  in  the  same  cabinet  with  him, 
01'  out  of  the  cabinet  against  him,  ever  comi)lain- 
iil  of  it.     For  twenty  years  the  pra<!tice  has  | 
lieen  uniform ;  and  every  citizen  of  the  West  | 
knows  that  that  practice  was  the  general,  though  j 
imt  universal,  exclusion  of  the  Western  specie-  ; 
paying  hank  paper  from  the  Western  land  otlices. 
This  every  man  in  the  West  knows,  and  knows  ' 
that  that  general  exclusion  continued  down  to  I 
tlie  (lay  that  the  Bank  of  the  United  States  ceas-  i 
111  to  Ik)  the  depository  of  the  public  moneys. 
It  was  that  event  which  opened  the  door  to  the 
receivahility  of  State  bank  paper,  which  has 
since  been  enjoyed."  ] 

Having  vindicated  the  treasury  onlcr  from 
the  charge  of  illegality,  Mr.  Benton  took  up  the 
head  of  the  new  distres.'i,  and  said : 

"  The  news  of  all  this  approaching  calamity 
was  given    out  in    a<lvance  in  the   Kentucky 
>lH!ecli  and  the  Philadelphia  letter,  already  re- 
ferred to ;  and  the  fact  of  its  positive  advent 
and  actual  pi  esence  was  Touched  by  the  senator 
from  Ohio  [>Ir.  Ewing]  on  the  last  day  that  the 
Senate  was  in  .session.     I  do  not  permit  myself 
I  (^aid  Mr.  B.)  to  bandy  contradictory  assevera- 
I  tions  and  debatable  assertions  across  this  floor. 
1  choose  rather  to  make  an  issue,  and  to  test 
[  jssertion  by  the  application  of  evidence.    In  this 
I  way  I  will  proceed  at  present.     I  will  take  the 
k'er  of  the  president  of  the  Bank  of  the  United 
1  Slates  as  being  oflicial  in  this  case,  and  most  au- 
thoritative in  the  distress  dei)aitinent  of  this  coin- 
lined  movement  against  President  Jackson.  lie 
annouuces,  in  November,  the  forthcoming  of  the 


nntioiial  calninily  in  Peceinber ;  and  nftcr  charg- 
ing part  of  thi^  ruin  and  niif<cbicf  on  the  inoilo 
of  cxeciitinjr  what  he  ostentatiously  styles  the 
<listril)Ution  law,  when  tlici-e  is  no  such  law  in 
the  coMiitrv,  he  goes  on  tocli.irge  the  remainder, 
iK'ing  ten-fold  more  than  the  former  iixm  tlio 
Treasury  order  which  excludes  pajMi  money 
from  the  land  ofHees." 

Mr.  Benton  then  read  .Mr.  Biddle's  deBcrii»tion 
of  the  new  distress,  which,  in  his  publicati(m 
was  awfid  and  ap|mlling,  but  which,  he  said,  was 
nowhere  visible  e.\cept  in  the  localities  where 
the  bank  had  power  to  make  it.  It  was  a  pic- 
ture of  woe  ami  ruin,  hut  not  without  hope  and 
remedy  if  Congress  followed  his  directions  ;  in 
the  mean  time  he  thus  instructed  the  country 
how  to  behave,  and  promised  his  c>)-operation — 
that  of  the  bank — in  the  overthrow  of  President 
Jackson,  and  his  successor,  Mr.  Van  Ituren  (for 
that  is  what  he  meant  in  this  passage) : 

"  In  the  mean  time,  all  forbearance  and  calm- 
ness should  be  maintained.  There  is  preat  rea- 
son for  anxiety — none  w  hatever  for  alarm  ;  and 
with  mutual  confidence  and  couraw,  lie  conn- 
try  may  yet  be  able  to  defend  itself  i  ainst  the 
gov.  uinent.  In  that  striiirgle  my  own  |ioor 
elloi  ts  shall  not  be  wanting.  I  go  for  the  coun- 
try, whoever  rules  it.  I  go  for  the  country, 
best  loved  when  worst  governed — and  it  will 
afford  me  far  more  gratilication  to  assist  in  re- 
pairing wrongs,  than  to  triumph  over  those  who 
inflict  them." 

This  pledge  of  aid  in  a  struggle  with  the  gov- 
ernment was  a  key  to  unlock  the  meaning  of  the 
movements  then  going  on  to  ju'oduce  the  general 
suspension  of  specie  paj'inents  in  all  the  hanks 
which  saluted  the  administration  of  Mr.  Van 
Buren  in  the  first  quarter  of  its  eKistence,  and 
was  intended  to  produce  it  in  its  first  month. 
C(msidering  specie  jiayments  ns  the  only  safety 
of  the  country,  and  forcse<,'ing  the  general  bank 
explosions,  chiefly  contrived  by  the  Bank  of  the 
United  States,  which  was  to  re-appear  in  the 
ruin,  and  claim  its  re-establishment  as  the  only 
remedy  for  the  evils  which  itself  and  its  confed- 
erates crcat<  d,  Mr.  Benton  said  : 

"  There  is  no  safety  for  the  feileral  revenues 
but  in  the  total  exclusion  of  hjcal  paper,  and 
that  from  every  branch  of  the  revenue — customs, 
lands,  and  post  office.  There  is  no  safety  for 
the  national  finances  but  in  the  constilutional 
medium  of  gold  and  silver.  After  forty  years 
of  wandering  in  the  wilderness  of  paper  money, 
we  liave  approached  the  confines  of  the  consti- 
tutional medium.  Seventy-five  millions  of  specie 
in  the  country,  with  the  prospect  of  annual  in- 


w* 


698 


THIRTY  YEARS'  VIEW. 


crrose  of  tcu  or  twelve  millions  for  the  next  four 
years ;  three  l;"^nch  mints  to  commence  next 
spring,  and  the  cou';^lete  restoration  of  the  pold 
currency ;  announce  the  success  of  President 
Jackson's  great  mea  urcs  for  the  reform  of  the 
currei  ■•>  and  vindicate  the  constitution  from  the 
libel  of  having  prescribed  an  impracticable  cur- 
rency. The  success  is  complete ;  and  there  is 
no  way  to  thwart  it,  but  to  put  down  the  treas- 
ury order,  and  to  re-open  the  public  lands  to  the 
inundation  of  paper  money.  Of  this,  it  is  not 
to  be  dissembled,  there  is  great  danger.  Four 
deeply  interested  classes  are  at  work  to  do  it — 
speculators,  local  banks.  United  States  Bank, 
and  politicians  out  of  power.  They  may  succeed, 
but  he  (Mr.  B.)  would  not  despair.  The  dark- 
est hour  of  night  is  just  before  the  break  of  day ; 
and,  through  the  gloom  ahead,  he  saw  the  bright 
vision  of  the  constitutional  currency  erect,  ra- 
diant, and  victorious.  Through  regulation,  or 
explosion,  success  must  eventually  come.  If  re- 
form measures  go  on,  gold  and  silver  will  be 
gradually  and  temperately  restored  ;  if  reform 
measures  are  stopped,  then  the  paper  system 
runs  riot,  and  explodes  from  its  own  expansion. 
Then  the  Bank  of  the  United  States  will  exult 
in  the  catastrophe,  and  claim  its  own  re-estab- 
lishment, as  the  only  adequate  regulator  of  the 
local  banks.  Then  it  will  be  said  the  specie  ex- 
periment has  failed  !  But  no ;  the  contrary  will 
be  known,  that  the  specie  experiment  has  not 
failed,  but  it  was  put  down  by  the  voice  and 
powev  of  the  interested  classes,  and  must  be  put 
up  again  by  the  voice  and  power  of  the  disinter- 
ested community." 

This  was  u'.tercd  in  December  1830:  in  April 
1837  it  was  history. 

1*1  r  ririttenden,  of  Kentucky,  replied  to  Mr. 
Benton ;  and  said : 

''The  senator  from  Missouri  had  exhibited  a 
table,  the  results  of  which  he  had  pressed  with 
a  very  triumphant  air.  Was  it  extraordinary 
that  the  deposit  banks  should  be  strengthened  ? 
The  effect  of  the  order  went  directly  to  sustain 
them.  But  it  was  at  the  exj.ense  of  all  the 
other  banks  of  the  country.  Under  this  order, 
all  the  specie  was  collected  and  carried  into  their 
vaults :  an  operation  which  went  to  disturb  and 
embarrass  the  general  circulation  of  the  country, 
and  to  produce  that  pecuniary  difficulty  v.'hich 
was  felt  in  all  quarters  of  the  Union.  Mr.  C. 
did  not  profess  to  be  competent  to  judge  bow 
far  the  whole  of  this  distress  was  attributable 
to  the  operation  of  the  treasury  order,  but  of 
this  at  least  he  was  very  sure,  through  a  great 
part  of  the  Western  country,  it  was  universally 
attributed  to  that  cause.  The  senator  from 
Missouri  supposed  that  the  order  had  produced 
no  part  of  this  pressure.  If  not,  he  would  ask 
what  it  had  produced  ?  Had  it  increased  the 
specie  in  the  country  1  Had  it  increased  the 
specie  in  actual  and  general  circulation  ?  If  it 
had  done  no  cvil^  what  good  had  it  done  ?   This, 


he  believed  was  as  yet  undiscovered.  So  far  &g 
'o  had  operated  at  all,  it  had  been  to  derange 
the  state  of  the  currency,  and  to  give  it  a  direc- 
tion inverse  to  the  course  of  business.  The 
honorable  senator,  however,  could  not  see  how 
moving  money  across  a  street  could  operate  to 
affect  the  currency ;  .and  seemed  to  suppose  that 
moving  money  from  west  to  cast,  or  from  east 
to  west,  would  have  as  little  effect.  Money, 
however,  if  left  to  itself,  would  always  move  ac- 
cording to  the  ordinary  course  of  business  trans- 
actions. This  course  might  indeed  be  disturbed 
for  a  time,  but  it  would  be  like  forcing  the  needle 
away  from  the  pole :  you  might  turn  it  round 
and  round  as  often  as  you  pleased,  but,  left  to 
itself,  it  would  still  settle  at  the  north.  Our 
great  commcicial  cities  were  the  natural  reposi- 
tories where  money  centred  and  settled.  There 
it  was  wanted,  and  it  was  more  valuable  if  left 
there  than  if  carried  into  the  interior.  Any  iu- 
teiligent  business  man  in  the  West  would  rather 
have  money  paid  him  for  a  debt  in  New-York 
than  at  his  own  door.  It  was  worth  more  to 
him.  If,  then,  specie  was  forced,  by  treasury 
tactics,  to  take  a  direction  contrary  to  the  natu- 
ral course  of  business,  and  to  move  from  east  to 
west,  th-)  operation  would  be  beneficial  to  noue, 
injurious  ^o  all.  It  was  not  in  the  power  of  gov- 
ernment  to  keep  it  in  a  false  direction  or  posi- 
tion. Specie  was  in  exile  whenever  it  was  forced 
out  of  that  place  where  business  called  for  it. 
Such  an  operation  did  no  real  good.  It  was  a 
'orced  movement  and  was  soon  overcome  by  tiie 
natural  course  of  things. 

"  Mr.  C.  was  well  aware  that  men  might  be 
deluded  and  mystified  on  this  subject,  and  that 
wliilo  the  delusion  lasted,  this  treasury  order 
vnigbt  be  held  up  before  the  eyes  of  men  lus  a 
'pUnd'd  arrangement  in  finance;  but  it  was 
only  like  the  natural  rainbow,  which  owid  its 
very  existence  to  the  mist  in  which  it  had  its 
being.     The  moment  the  atmosphere  was  clear, 
its  bright  colors  vanislied  from  the  view.    So  it  i 
wonld  be  with  this  matter.     The  spcie  of  the 
country  mu.st  resume  its  natural  course.    Man  I 
might  as  well  escape  from  the  physical  )ieccssi- 
ties  of  their  naturo,  as  from  the  laws  wli'cli  gov- 1 
erned  the  movements  of  finance :  and  tlio  man 
who  professed  to  reverse  or  dispense  witii  the 
one  was  no  greater  quack  than  he  who  made  I 
the  same  professions  with  regard  to  tl»e  other. 

'•  But  it  was  said  to  be  the  distribution  bill 
which  had  done  all  the  mischief;  and  iMr.  C. 
was  ready  to  admit  that  the  manner  in  which 
the  government  had  attempted  to  carry  that  I 
law  into  eftect  might  in  part  have  furnished  the  I 
basis  for  such  a  supposition.     He  had  no  doubt  I 
that  the  pecuniary  evils  of  the  country  had  been  I 
aggravated  by  the  manner  in  which  this  hau| 
been  done." 

Mr.  Webster  also  replied  to  Mr.  Benton,  in  an  I 
elaborate  speech,  in  which,  before  arguing  thf  I 
legal  question,  he  said : 


ANNO  1836.    ANDREW  JACKSON,  PRESIDENT. 


699 


as  as  yet  undiscovered.    So  far  m 
ted  at  all,  it  had  been  to  derange 
he  currency,  and  to  give  it  a  direc 
to  the  coarse  of  business.     Ihe 
nator,  however,  could  not  see  how 
.y  across  a  street  could  operate  to 
rency ;  and  seemed  to  suppose  that 
.y  from  west  to  cast,  or  from  east 
lid  have  as  little  effect,     Money, 
eft  to  itself,  would  always  moveac- 
le  ordinary  course  of  business  trans- 
is  course  might  indeed  be  disturbed 
it  it  would  be  like  forcing  the  needle 
he  pole:  you  might  turn  it  round 
IS  often  as  you  pleased,  butj,  lett  to 
aild  still  settle  at  the  north.    Our 
Mcial  cities  were  the  natural  reposi- 
;  money  centred  and  settled.    There 
od  and  it  was  more  valuable  if  left 
f  carried  into  the  interior.    Any  m- 
siness  man  in  the  West  would  rather 
r  paid  him  for  a  debt  in  New-York 
5  own  door.    It  was  worth  more  tu 
len,  specie  was  forced,  by  treasury 
ake  a  direction  contrary  to  the  natu- 
)f  business,  and  to  move  from  east  to 
Deration  would  be  beneficial  to  nonc^ 
»  all     It  was  not  in  the  power  of  gov- 
,  keep  it  in  a  false  direction  or  pi.si- 
sie  was  in  exile  whenever  it  was  forced 
t  place  where  business  called  lor  it. 
3cration  did  no  real  good.    It  was  a 
remcnt  and  was  soon  overcome  by  the 
irse  of  things. 

was  well  aware  that  men  might  be 
,d  mystified  on  this  subject,  and  that 
delusion  lasted,  this  treasury  order 
held  up  before  the  eyes  of  men  as  a 
irrangement  in  finance;  but  it  was 
;hc  natural  rainbow,  which  owed  its 
■nco  to  the  mist  in  which  it  had  its 
ne  moment  the  atmosphere  was  clear, 
colors  vanished  from  the  view,    bo  it 
ivith  this  matter.    The  spc-ie  of  th.' 
tuHt  resume  its  natural  course-.    Man 
,ell  escape  from  the  physic,^  necessi- j 
^r  natuiv,  as  from  the  laws  wii-cU  gov- 
movemeats  of  finance:  anu  the  man 
ssed  to  reverse  or  dispense  with  tlic 
>o  greater  quack  than  he  who  made 
irofessions  with  regard  to  the  other 
was  said  to  be  the  distribution  bl 
done  all  the  mischief;  and  Mr.t 
■to  admit  that  the  manner  m  which 
•nment  had  attempted  to  carry  that 
ffect  might  in  part  have  furnished  tl 
uch  a  supposition.     He  had  no  doubt 
,ecuniary  evils  of  the  country  had  been 
by  the  manner  in  which  this  haa 

L  » 

Lter  also  replied  to  ]SIr.  Benton,  in  an 
I  speech,  in  which,  before  arguing  the 
Ltion,  he  said : 


"  The  honor  .ible  member  from  Missouri  (Mr. 
Benton)  objects  ven  to  giving  the  resolution  to 
rescind  a  socono  reading.  He  avails  himself  of 
his  right,  though  it  bo  not  according  to  general 
practice,  to  arrest  the  progress  of  the  measure 
at  its  first  stage.  This,  at  least,  is  open,  bold, 
and  manly  warfare.  The  honorable  member,  in 
his  elaborate  speech,  founds  his  opposition  to 
this  resolution,  and  his  support  of  the  treasury 
order,  on  those  general  principles  respecting 
currency  which  he  is  known  to  entertain,  and 
which  he  has  maintained  for  many  years.  His 
opinions  some  c  T  us  regard  as  altogether  ultra 
and  impracticable ;  looking  to  a  state  of  things 
not  desirable  in  itself,  even  if  it  were  practica- 
ble ;  and,  if  it  were  desirable,  as  being  far  be- 
yond the  power  of  this  government  to  bring 
about. 

"  The  honorable  member  has  manifested  much 
perseverance  and  abundant  labor,  most  undoubt- 
edly, in  support  of  his  opinions ;  he  is  under- 
stood, also,  to  have  had  countenance  from  high 
places ;  and  what  new  hopes  of  success  the  pre- 
sent moment  holds  out  to  him,  I  am  not  able  to 
judge,  but  we  shall  probably  soon  see.  It  is  pre- 
cisely on  these  general  and  long-known  opinions 
that  he  rests  his  support  of  the  treasury  order. 
A  question,  therefore,  is  at  once  raised  between 
the  gentleman's  principles  and  opinions  on  the 
subject  of  the  currency,  and  the  principles  and 
opinions  which  have  generally  prevailed  in  the 
>.)untiy,  and  which  are.  and  have  been,  entirely 
opposite  to  his.  That  question  is  now  about  to 
be  put  to  the  vote  of  the  Senate.  In  the  pro- 
•riess  and  by  the  termination  of  this  discussion, 
wc  shall  learn  whether  the  gentleman's  senli- 
fficnts  ai  jv  are  not  to  prevail,  so  far,  at  least, 
as  the  Senate  is  concerned.  The  country  will 
rejoice,  I  am  sure,  to  see  some  declaration  of  the 
opinions  of  Congress  on  a  subject  about  which 
so  much  has  been  said,  and  which  is  so  wall  cal- 
culated, by  its  perpetual  agitation,  to  disquiet 
and  disturb  the  confidence  of  society, 

''  We  are  now  fast  approaching  the  day  when 
one  adiii'nistration  goes  out  of  office,  and  an- 
other is  to  come  in.     The  country  has  an  inte- 
rest in  learning,  as  soon  as  possible,  whether  the 
nev  administration,  while  it  receives  the  power 
and  patronage,  is  to  inherit,  also,  the  topics  and 
the  projects  of  the  past ;  whether  it  is  to  keep 
up  the  avowal  of  the  same  objects  and  the  same 
schemes,  especially  in  regard  to  the  currency. 
Ihe  Jrder  of  the  Secretary  is  prospective,  an  I, 
oil  ihe  far.i  of  it,  perpetual.     Nothing  in    )r 
I  about  it  gives  it  the  least  appearance  of  a  tem- 
porary measure.     On  the  contrary,  its  terms 
j  imply  no  limitation  in  point  of  duration,  and  the 
gradual  manner  in  which  it  is  to  come  into  ope- 
j  ration  shows  plainly  an  intention  of  making  it 
the  settled  and  permanent  policy  of  government, 
IndetJ,  it  is  but  now  beginning  its  complete  ex- 
igence.   It  is  only  five  or  six  days  since  its  full 
operation  has  commenced.    Is  it  to  stand  as  the 
law  of  the  land  and  the  rule  of  the  treasury^ 
under  the  admin' stration  which  is  to  ensue? 


And  are  tho.sc  notions  of  an  exchisivo  specie 
currency,  and  opposition  to  all  banks,  on  which 
it  is  defended,  to  be  esp  used  i  nd  maintrined  by 
the  new  administration,  as  the/  have  been  by  its 
predecessor?  These  arc  ques'ims,  not  of  mere 
curiosity,  but  of  the  highfst  irferest  to  the 
whole  country.  In  considering  this  order,  the 
first  thing  naturally  i.s,  to  look  for  the  causes 
which  led  to  it,  or  are  assigned  for  its  pronmlg.!- 
tion.  And  these,  on  the  face  of  the  oider  itself, 
are  declared  to  be  '  complaints  which  have  been 
made  of  frauds,  spec alations,  and  monopolies,  in 
the  purchase  of  the  public  lands,  and  the  aid 
which  is  said  to  bo  given  to  eflect  these  oljicets, 
by  excessive  bank  credits,  and  drnfrerous,  if  not 
partial,  facilities  through  bank  drafts  and  bav.k 
deposits,  and  the  general  evil  influence  likely  to 
result  to  the  public  interest,  and  especially  the 
safety  of  the  great  amount  of  money  in  the  trea- 
sury, and  the  sound  condition  of  the  currency 
of  the  country,  from  the  further  exchange  of  the 
national  domain  in  this  manner,  and  chiefly  for 
bank  credits  and  paper  money.' 

"  This  is  the  catalogue  of  evils  to  be  cured  by 
this  order.  In  what  these  frauds  consist,  what 
are  the  monopolies  complained  of,  or  what  is 
precisely  intended  by  t'lese  injiirions  specula- 
tions, we  are  not  informed.  All  is  left  on  the 
general  surmise  of  fraud,  speculation  and  mono- 
poly. It  is  not  avowed  or  intimated  that  the 
government  has  sustained  any  loss,  either  by 
the  receipt  of  the  bank  notes  which  proved  not 
to  be  equivalent  to  specie,  or  in  any  other  way. 
And  it  is  not  a  little  remarkable  that  these  evils, 
of  fraud,  speculation,  ana  monopoly,  should  have 
become  so  enormous  and  so  notorious,  on  the 
11th  of  July,  as  to  i  oquire  this  executive  inter- 
ference for  their  snpprf'ssion,  and  yet  that  they 
should  not  have  reached  such  a  heigiit  as  to 
make  it  proper  to  lay  the  subject  before  Con- 
gress, although  Congress  remained  in  session 
until  within  seven  days  of  the  date  of  the  order. 
And  what  makes  this  circumstance  still  more 
remarkable,  is  the  fact  that,  in  his  annual  mes- 
sage, at  the  commence. lent  of  the  same  session, 
the  President  had  spoken  of  the  rapid  sales  of 
the  public  lands  as  one  of  the  most  gratifying 
proofs  of  the  general  prosperity  of  the  country, 
without  suggesting  that  any  danger  whatever 
was  to  be  apprehended  from  fraud,  speculation, 
or  monopoly.  His  words  were:  "Among  the 
evidences  of  the  increasing  prosperity  of  the 
country,  not  the  least  gratifying,  is  that  aflbrdcd 
by  the  receipts  from  the  sales  of  the  public 
lands,  which  amnnnt,  in  the  present  year,  to  the 
unexpected  sum  of  eleven  millions.'  From  the 
time  of  the  deliveiy  of  that  message,  down  to 
the  date  of  the  treasury  order,  there  had  not 
'icen  the  least  change,  so  far  as  1  know,  or  so 
far  as  we  are  informed,  in  the  maniur  of  receiv- 
ing payment  for  the  public  lands.  Every  thing 
stood.on  the  11th  of  July,  IH'Mi.  as  it  had  stood 
at  the  opening  of  the  session,  in  December,  1835, 
How  so  different  a  view  of  things  hap})eiied  to 
be  taken  at  the  two  periods,  we  may  be  able  to 


700 


THIRTY  YEARS'  VIEW. 


learn,  perhaps,  in  the  further  progress  of  thia 
debate. 

"The  order  speaks  of  the  'evil  influence' 
likely  to  result  from  the  further  exchange  of  the 
public  lands  into  'paper  noney.'  Now,  this  is 
the  very  language  of  the  ■  .leman  from  Mis- 
souri, lie  habitually  speu..s  of  the  notes  of  all 
banks,  however  solvent,  and  however  promptly 
their  notes  may  be  redeemed  in  gold  and  silver, 
as  '  paper  money.'  The  Secretary  has  adopted 
the  honorable  member's  phrases,  and  he  speaks, 
too,  of  all  the  bank  notes  received  at  the  land 
offices,  although  every  one  of  them  is  redeem- 
able in  specie,  on  demand,  but  as  so  much '  paper 
money.'  in  this  respect,  also,  sir,  I  hope  we 
may  know  more  as  we  grow  older,  and  be  able 
to  learn  whether,  in  times  to  come,  as  in  times 
recently  passed,  the  justly  obnoxious  and  odious 
character  of  'paper  money'  is  to  be  applied  to 
the  issues  of  all  the  banks  in  all  the  States, 
with  whatever  punctuality  they  redeem  their 
bills.  This  is  quite  new,  as  financial  language. 
By  paper  money,  in  its  obnoxious  sense,  I  under- 
stand paper  issiies  on  credit  alone,  without  capi- 
tal, witiiout  funds  assigned  for  its  payment,  rest- 
ing only  on  the  good  faith  and  the  future  ability 
of  those  who  issue  it.  Such  was  the  paper  mo- 
ney of  our  revolutionary  times ;  and  such,  per- 
haps, may  have  been  the  true  character  of  the 
paper  of  particular  institutions  since.  But  the 
notes  of  banks  of  competent  capitals,  hmited  in 
amount  to  a  due  proportion  to  such  capitals, 
made  payable  on  demand  in  gold  and  silver,  and 
always  so  paid  on  demand,  are  paper  money  in 
no  sense  but  one ;  that  is  to  say,  they  are  made 
of  jiajwr,  ami  they  circulate  as  money.  And  it 
may  be  proper  enough  for  those  who  maintain 
that  nothing  should  so  circulate  but  gold  and 
silver,  to  denominate  such  bank  notes  'paper  mo- 
ney,' since  they  regard  theiu  but  as  paper  intrud- 
ers into  channels  which  should  flow  only  with 
gold  and  silver.  If  tliis  language  of  the  order 
is  authentic,  and  is  to  be  so  hereafter,  and  all 
bank  notes  arr  to  be  regarded  and  stigmatized 
as  mere  '  paper  money,'  the  sooner  the  country 
knows  it  the  better. 

"The  member  from  Missouri  charges  those 
who  wish  to  rescind  the  treasury  order  with 
two  objects  •  first,  to  degrade  and  disgrace  the 
President ;  and,  next,  to  overthrow  the  consti- 
tutional currency  of  the  country.  For  my  own 
part,  sir,  I  (k'noimce  nobo«ly  ;  I  seek  to  degrade 
or  disgrace  nobovly.  Holding  the  order  illegal 
and  unwise,  I  shall  certainly  vote  to  rescind  it ; 
and,  in  the  discharge  of  this  duty,  I  hope  I  am 
not  expected  to  shrink  back,  lest  I  might  do 
something  which  might  call  in  question  tlie  wis- 
dom of  tiie  Secretary,  or  even  of  tiie  President. 
And  I  hope  that  so  much  of  independence  as 
may  be  manifested  by  free  discussion  and  an 
honest  vote  is  not  to  cause  denunciation  from 
any  quarter.     If  it  should,  let  it  come." 

It  became  a  very  extended  debate,  in  which 


Mr.  Niles,  Mr.  Rives,  Mr.  Hubbard,  Mr.  South- 
ard, Mr.  Strange  of  N.  C,  Mr.  Cluy,  Mr.  Walker 
of  Miss.,  and  others  partook.    The  subject  havitij* 
been  referred  to  the  committee  of  public  lands 
of  which  Mr.  Walker  was  chairman,  reported  a 
bill,  "  limiting  and  designating  the  funds  receiv- 
able for  the  revenues  of  the  United  States  ; "  the 
object  of  which  was  to  rescind  the  treasury  cir- 
cular without  naming  it,  and  to  continue  tiic 
receipt  of  bank  notes  in  payment  of  all  dues  to 
the  government.    Soon  after  the  bill  was  re- 
ported, and  had  received  its  second  reading,  a 
motion  was  made  in  the  Senate  to  lay  the  im- 
pending subject  (public  lands)  on  :hc  table  f()r 
the  purpose  of  considering  the  bill  reported  ))v 
Mr.  Walker  to  limit  and  desig.iatc  the  funds 
receivable  in  public  dues.    Mr.  Benton  was  taken 
by  surprise  by  this  motion,  which  was  iniino- 
diatcly  agreed  to,  and  the  bill  ordered  to  be  en- 
grossed for  a  thii"d  reading  the  next  day.    To 
that  third  reading  Mr.  Benton  looked  for  liis 
opportunity  to  speak;  and  availed  himself  of  it. 
commencing  his  speech  with  giving  the  reason 
why  he  did  not  speak  the  evening  before  wlioii 
the  question  was  on  the  engrossment  of  t!io 
bill.     He  said  he  could  not  have  foreseen  tliat 
the  subject  depending  before  the  Senate,  the  liiH 
for  limiting  the  s;iies  of  the  public  lands  to  ac- 
tual settlers,  would  be  laid  down  for  the  purpose 
of  taking  up  this  subject  out  of  its  order ;  ami, 
therefore,  had  not  brought  with  him  some  num- 
orandums  which  he  intended  to  use  when  this 
subject  came  up.     He  did  not  choose  to  ask  for 
delay,  because  his  habit  was  to  speak  to  subjects 
when  they  were  called ;  and  in  this  particular  j 
cause  he  did  not  think  it  material  when  he  spoke; 
for  he  was  very  well  aware  that  his  speaking 
would  not  affect  the  fate  of  the  bill.    It  would  | 
pass ;  and  that  was  known  to  all  in  the  chamhcr. 
It  was  known  to  the  senator  from  Oliio  (.Mr.  ] 
Ewing)   who   indulged   himself  in  saj'ing  he 
I  bought  otherwise  a  few  days  ago ;  but  that 
vas  only  a  good-natured  way  of  stimulating  his 
fi  lends,  and  bringing  them  up  to  the  scratch. 
The  bill  would  pass,  and  that  by  a  pood  vote, 
for  it  would  have  the  vote  of  the  oppcsition,  and  | 
a  division  of  the  administration  vote.    Why, 
then,  did  he  speak  ?    Because  it  was  due  to  hi.s  I 
position,  and  the  part  he  had  acted  on  the  cur- 1 
rency  questions,  to  express  his  sentiments  morel 
fully  on  this  bill,  so  vital  to  the  general  curreii«| 
cy,  than  could  be  done  by  a  mere  negative  vot&j 


ANNO  1836.    ANDREW  JACKSON,  PRESIDENT. 


701 


Rives.  Mr.  Ilubbai-d,  Mr.  Sonth- 
Tc  of  N.  C,  Mr.  Cluy,  Mr.  Walker 
ilicrs  partook.  The  subject  havnig 
to  the  committee  of  public  lands, 
^Valkcr  was  chairman,  reported  a 

and  designating  the  fvmds  veceiv- 
vcnucs  of  the  United  States ; "  the 
ih  was  to  rescind  the  treasury  cir- 
t  naming  it,  and  to  continue  tlic 
»k  notes  in  payment  of  all  dues  to 
■nt.  Soon  after  the  bill  was  rc- 
md  received  its  second  reading,  a 
nade  in  the  Senate  to  lay  the  im- 
BCt  (public  lands)  on  .he  table  for 
,f  considering  the  bill  reported  l.y 

to  limit  and  designate  the  funds 
public  dues.  Mr.  Benton  was  taken 
by  this  motion,  which  was  ininie- 
:d  to,  and  the  bill  ordered  to  1.c  en- 
i  thil-d  reading  the  next  day.  To 
•eading  Mr.  Benton  looked  for  Ins 

to  speak;  and  availed  hiniRelf  ofit, 
r  his  speech  with  giving  the  reason 

not  speak  the  evening  before  whe-i 
,n  was  on  the  engrossment  of  t!ie 
lid  he  could  not  have  foreseen  tli«t 
depcn.ling  before  the  Senate,  the  bill 

the  s.ies  of  the  public  lands  to  uc- 
ri  would  be  laid  down  fov  the  purpose 
fp  this  subject  out  of  its  order ;  and, 
Ld  not  brought  with  him  some  nuiu- 
Ivhich  he  intended  to  use  when  this 

le  up.    lie  did  not  choose  to  ask  fov 

ase  his  habit  was  to  speak  to  subjects 

were  called;  and  m  this  particular 
not  think  it  material  when  he  spoke; 
very  well  aware  that  his  speaking 

affect  the  fate  of  the  bill.    It  woidd 

that  was  known  to  all  in  the  chamber. 

[wn  to  the  senator  from  Ohio  (Mr. 

ho   indulged  himself  in  saying  he 

thcrwise  a  few  days  ago  ;  but  tliat  I 
cood-natured  way  of  stimulating  his 

1  bringing  them  up  to  the  scratch, 
ould  pass,  and  that  by  a  pood  vote 

id  have  the  vote  of  the  opposition,  and 

I  of  the  administration  vote.  ANhy, 
le  speak  1  Because  it  was  due  to  his 
,d  the  part  he  had  acted  on  the  cur- 
itions,  to  express  his  sentiments  mort! 
,is  bill,  so  vital  to  the  general  curreii- 

,uia  be  done  by  a  mere  negative  vot& 


He  should,  thereibre,  speak    against    it,  and 
should  direct  his  attention  to  the  bill  reported 
by  the  Public  Land  Committee,  which  had  so 
totally  changed  the  character  of  the  proceeding 
on  this  subject.    The  recision  of  the  treasury 
order  was  introduced  a  resolution — it  went  out 
a  resolution — but  it  came  back  a  bill,  and  a  bill 
to  regulate,  not  the  land  office  receipts  only,  but 
all  the  receipts  of  the  federal  government ;  and 
in  this  new  form  is  to  become  statute  law,  and 
a  law  to  operate  on  all  the  revenues,  and  to  re- 
peal all  other  law.^  upon  the  subject  to  which  it 
related.    In  this  new  form  it  assumes  an  im- 
portance, and  acquires  aii  effect,  infinitely  be- 
yond a  resolution,  and  becomes  in  fact,  as  well 
as  in  name,  a  totally  new  measure.    Mr.  B. 
reminded  the  Senate  that  he  had,  in  his  fi  -ot 
speech  on  this  subject,  given  it  as  his  opinion, 
that  two  main  objects  were  proposed  to  be  ac- 
complished by  the  rescinding  resolution ;  first, 
the  implied  condemnation  of  President  Jackson 
for  violating  the  laws  and  constitution,  and  de- 
stroying the  prosperity  of  the  country  ;  and,  se- 
condly, the  imposition  of  the  paper  currency  of 
the  States  upon  the  federal  government.    With 
reijpcct  to  the  first  of  these  objects,  he  presumed 
;t  was  fully  proved  by  the  speeches  of  all  the 
opposition  senators  who  had  spoken  on  this  sub- 
ject ;  and,  with  respect  to  the  second,  he  be- 
li  vcd  it  would  find  its  proof  in  the  change  which 
the  original  resolution  had  undergone,  and  the 
form  it  was  now  assuming  of  statute  law,  and 
especially  with  the  proviso  which  was  added  at 
the  end  of  the  second  section. 

Mr.  B.  then  took  up  the  bill  reported  by  the 
committee,  and  remarked,  first,  upon  its  phrase- 
ology, not  i'.i  the  spirit  of  verbal  criticism,  but 
ill  the  spirit  of  candid  objection  and  fair  argu- 
ment. There  were  cases  in  which  words  were 
things,  and  this  was  one  of  those  cases.  Money 
\ra.s  a  thing,  and  the  only  words  in  the  constitu- 
ilun  of  that  thing  were,  "  gold  and  silver  coin." 
The  bill  of  the  committee  was  systematically 
(xclusive  of  the  words  which  meant  this  thing, 
and  ujed  words  which  included  things  which 
wore  not  money.  These  words  were,  then,  a 
fair  siibJ!ict  of  objection  and  argument,  because 
tiey  went  to  .set  aside  the  money  of  the  consti- 
tution, and  to  admit  the  jiublic  revenues  to  be 
fail  in  something  which  was  not  money.  The 
title  )f  the  bill  uses  the  word  '"  funds."  It  pro- 
kma,  to  designate  the  funds  receivable  for  tiic 


revenues  of  the  United  States.  Upon  this  word 
Mr.  B.  had  remarked  before,  as  being  one  of  the 
most  indefinite  in  the  English  language ;  and, 
so  far  from  signifying  money  only,  esen  paper 
money  only,  that  it  comprehended  every  variety 
of  paper  security,  public  or  piivate,  individual  or 
corporate  out  of  which  money  could  be  raised. 
The  retention  of  this  word  by  the  committee, 
after  the  objections  made  to  it,  were  indicative 
of  their  intentions  to  lay  open  the  federal  trea- 
sury to  the  reception  of  something  which  was 
not  constitutional  money ;  and  this  intention, 
thus  disclosed  in  the  title  to  the  bill,  was  fully 
carried  out  in  its  enactments.  The  words  "  legal 
currency  of  the  United  States  "  are  twice  used 
in  the  first  section,  when  the  words  "  gold  and 
silver  "  would  have  been  more  appropriate  and 
more  definite,  if  hard  money  was  intended. 

Mr.  B.  admitted  that,  in  the  eye  of  a  regular 
bred  constitutional  lawyer,  legal  currency  might 
imply  constitutional  currency ;  but  certain  it 
was  that  the  common  and  popular  meaning  of 
the  phrase  was  not  limited  to  constitutional 
money,  but  included  every  currency  that  the 
statute  law  made  receivable  for  debts.  Thus, 
the  notes  of  the  Bank  of  the  United  States  were 
generally  considered  as  legal  currency,  becaueo 
receivable  by  law  in  payment  of  public  dues ; 
and  in  like  manner  the  notes  of  all  specie-paying 
banks  would,  under  the  committee's  bill,  rise  to 
the  dignity  of  legal  currency.  The  second  sec- 
tion of  the  bill  twice  used  the  word  "  cash  ; "  a 
word  which,  however  understood  at  the  Bank 
of  England,  where  it  always  means  ready  money, 
and  where  ready  money  signifies  gold  coin  in 
hand,  yet  with  the  banks  with  which  we  have 
to  deal  it  has  no  such  meaning,  but  includes  all 
sorts  of  current  paper  money  on  hand,  as  well 
as  gold  and  silver  on  hand. 

Having  remarked  upon  the  phraseology  of  the 
bill,  and  shown  that  a  paper  currency  composed 
of  the  notes  of  a  thousand  local  banks,  not  only 
might  become  the  currency  of  the  federal  go- 
vernment, but  was  evidently  intended  to  bo 
made  its  currency  ;  and  that  in  the  face  of  all 
the  protestations  of  the  friends  of  the  adminis- 
tration in  favor  of  re-establishing  the  national 
gold  currency,  Mr.  B.  would  now  take  tip  the 
bill  of  the  committee  under  two  or  three  other 
asiKicts,  and  show  it  to  be  as  mistaken  in  its 
design  as  it  would  be  impotent  in  its  ciiect.  In 
the  first  place,  it  transferred  the  business  of 


702 


THIRTY  YEARS'  VIEW. 


^^H| 

j^H 

^mmm 

supprespinp;  the  small  note  circulation  from 
the  deposit  branch  to  the  collecting  branch  of 
the  public  revenne.  At  present,  the  business 
was  in  a  cojirse  of  progress  through  the  deposit 
banks,  as  a  condition  of  holding  the  public 
moneys ;  and,  as  such,  had  a  place  in  the  deposit 
act  of  the  last  session,  and  also  had  a  place  in 
the  President's  message  of  the  last  tession, 
where  the  suppression  of  paper  currency  under 
twenty  dollars  was  expressly  referred  to  the 
action  of  the  deposit  banks,  and  as  a  condition 
of  their  retaining  the  public  deposits.  It  was 
through  the  deposit  banks,  and  not  through  the 
reception  of  local  bank  paper,  that  the  suppres- 
sion of  small  notes  should  be  effected.  In  the 
next  place,  he  objected  to  the  committee's  bill, 
because  it  proposed  to  make  a  bargain  with  each 
of  the  thousand  banks  now  in  the  United  States, 
and  the  hundreds  more  which  will  soon  be  born ; 
and  to  give  them  a  right — a  right  by  law — to 
have  their  notes  received  at  the  federal  treasury. 
He  was  against  such  a  bargain.  He  had  no  idea 
of  making  a  contract  with  these  thousand  banks 
for  the  reception  of  their  notes.  He  had  no  idea 
of  contracting  with  them,  and  giving  them  a 
right  to  plead  the  constitution  of  the  United 
States  against  us,  if,  at  any  time,  after  having 
agreed  to  receive  their  notes,  upon  condition 
that  they  would  give  up  their  small  circulation, 
they  should  choose  to  say  we  had  impaired  the 
contract  by  not  continuing  to  receive  them ;  and 
so  either  relapse  into  the  issue  of  this  small  trash, 
or  have  recourse  to  the  judicial  process  to  com- 
pel the  United  States  to  abide  the  contract,  and 
continue  the  reception  of  all  their  notes.  Mr. 
B.  had  no  idea  of  letting  down  this  federal  go- 
vernment to  such  petty  and  inconvenient  bar- 
gains with  a  thousand  moneyed  corporations. 
The  governiuent  of  the  United  States  ought  to 
act  as  a  government,  and  not  as  a  contractor. 
It  should  prescribe  conditions,  and  not  make 
bargains.  It  should  give  the  law.  He  was 
against  these  baigains,  even  if  they  were  good 
ones ;  but  they  were  bad  bargains,  wretchedly 
bad,  and  ought  to  be  rejected  as  such,  even  if 
all  higher  and  nobler  considerations  were  out  of 
the  question.  What  is  the  consideration  that 
the  United  States  is  to  receive  ?  A  mere  indi- 
vidual agreement  wjth  each  bank  by  itself,  that 
in  three  years  it  will  cease  to  issue  notes  under 
ten  dollars^  and  in  five  years  it  will  cease  to  issue 
notes  under  twenty  dollars.    What  is  the  price 


which  she  pays  for  this  consideration  ?  In  the 
first  place,  it  receives  the  notes  of  such  bank  as 
gold  and  silver  at  all  the  land-offices,  custom- 
houses, and  post-offices,  of  the  United  States  • 
and,  of  course,  pays  them  out  again  as  gold  and 
silver  to  all  her  debtors.  In  the  next  place.  It 
compels  the  deposit  banks  to  credit  them  as  cash. 
In  the  third  place,  it  accredits  the  whole  circu- 
lation of  the  banks,  and  makes  it  current  all  c-cr 
the  United  States,  in  consequence  of  universal 
receivability  for  all  federal  dues.  In  other  words 
it  endorses,  so  far  as  credit  is  concerned,  the 
whole  circulation  of  every  bank  that  comes  into 
the  bargain  thus  proposed.  This  is  certainly  a 
most  wretched  bargain  on  the  part  of  the  United 
States — a  bargain  in  which  what  she  rccei-.es  is 
ruinous  to  her ;  for  the  more  local  payment  she 
receives  in  pjiymcnt  of  her  revenues,  the  worse 
for  her,  and  the  sooner  will  her  treasury  be  filled 
with  unavailable  funds. 

Mr.  B.  having  gone  over  these  objections  to 
the  committee's  bill,  would  now  ascend  to  a 
class  of  objections  of  a  higher  and  graver  cha- 
racter. He  had  already  remarked  that  tlie 
committee  had  carried  out  a  resolution,  and  had 
brought  back  a  bill ;  that  the  committee  pro- 
posed a  statutory  enactment,  where  the  senator 
from  Ohio  [Mr.  Ewing],  and  the  senator  from 
Virgiaia  [Mr.  Rives],  had  only  proposed  a  joint 
resolution ;  and  he  had  already  further  remariied, 
that  in  addition  to  this  total  change  in  the 
mode  of  action,  the  committee  had  added  wliat 
neither  of  these  senators  had  proposed,  a  clause, 
under  a  provisO;  to  enact  paper  money  into  cash 
— to  pass  paper  money  to  the  credit  of  the 
United  States,  as  cash — and  to  punish,  by  the 
loss  of  the  deoosits,  any  deposit  bank  which 
should  refuse  so  to  receive,  so  to  credit,  and  so 
to  pass,  the  notes  "  receivable  "  under  tlie  prori- 
sions  of  their  bill.  These  two  changes  inaiie  en- 
tirely a  new  measure — one  of  wholly  a  dilFerent 
character  from  the  resolutions  of  the  two  sena- 
tors— a  measure  which  openly  and  in  terras,  and 
under  penalties  undertakes  to  make  local  State 
paper  a  legal  tender  to  the  federal  government, 
and  to  compel  the  reception  of  all  its  revenues  in 
the  notes  ''  receivable  "  under  the  provisions  of 
the  committee's  bill.  After  this  gigantic  step— 
this  colossal  movement — infiivor  of  paper  money, 
there  was  but  one  step  moi'e  for  the  committee 
to  take ;  and  that  was  to  make  these  notes  a 
legal  tender  in  all  payments  from  the  federal 


ANNO  1836.    ANDREW  JACKSON,  PRESIDENT. 


703 


for  this  consideration  ?    In  the 
ccives  the  notes  of  such  bank  as 
at  all  the  land-offices,  custom- 
Bt-offlccs,  of  the  United  States; 
pays  them  out  again  as  gold  and 
er  debtors.    In  the  next  place,  it 
,osit  banks  to  credit  them  as  cash. 
ace,  it  accredits  the  whole  circu- 
nks,  and  makes  it  current  all  c  cr 
itcs  in  consequence  of  universal 
r  all' federal  dues.   In  other  words, 
,  far  as  credit  is  concerned,  the 
ion  of  every  bank  that  comes  into 
lus  proposed.    This  is  certainly  a 
\  bargain  on  the  part  of  the  United 
gain  in  which  what  she  recci-.es  is 
r ;  for  the  more  local  payment  she 
.y'ment  of  her  revenues,  the  worse 
le  sooner  will  her  treasury  be  filled 
ible  funds. 

ing  gone  over  these  objections  to 
EC's  bill,  would  now  ascend  to  a 
:tion8  of  a  higher  and  graver  cha- 
had  already  remarked  that  the 
wl  carried  out  a  resolution,  and  hud 
Ic  a  bill ;  that  the  committee  pro- 
atory  enactment,  where  the  senator 
^Ir.  Ewing],  and  the  senator  from 
•.  Rives],  had  only  proposed  a  joint 
tnd  he  had  already  further  remarked, 
ition  to  this  total  change  in  the 
on,  the  committee  had  added  what 
lese  senators  had  proposed,  a  clause, 
risoj  to  enact  paper  money  into  cash 
aper  money  to   the  credit  of  the 
BS,  as  cash— and  to  punish,  by  the 
denosits,  any  deposit  bank  which 
c  so  to  receive,  so  to  credit,  and  so 
notes  "receivable  "  under  the provi- 
ir  bill.   These  two  changes  make  en- 
measure— one  of  wholly  a  dilTerent 
,m  the  resolutions  of  the  twoscna- 
;ure  which  openly  and  in  terms,  and 
ics  undertakes  to  make  local  State 
al  tender  to  the  federal  government, 
cl  the  reception  of  all  its  revenues  in 
eccivable  "  under  the  provisions  of 
ce's  bill.    After  this  gigantic  step- 
movement— in  favor  of  paper  money, 
X  one  step  move  for  the  committee 
I  that  was  to  make  these  notes  » 
in  all  payments  from  the  fcdenl 


government.  But  that  step  was  unnecessary 
to  be  taken  in  words,  for  it  is  taken  in  fact,  when 
the  other  great  step  becomes  law.  For  it  is  in- 
contestable that  what  the  government  receives, 
it  must  pay  out ;  and  what  it  pays  out  becomes 
the  currency  of  the  country.  So  that  when 
this  bill  passes,  the  paper  money  of  the  local 
banks  will  be  a  tender  by  law  to  the  federal 
government,  and  a  tender  by  duresse  from  the 
government  to  its  creditors  and  the  people. 
This  is  the  state  to  which  the  committee's  bill 
will  bring  us  !  and  now,  let  us  pause  and  con- 
template, for  a  moment,  the  position  we  occupy, 
and  the  vast  ocean  of  paper  on  which  we  are 
proposed  to  be  embarked. 

We  stand  upon  a  constitution  which  recog- 
nizes nothing  but  gold  and  silver  for  money ;  wc 
stand  upon  a  legislation  of  near  fifty  years, 
which  recognizes  nothing  but  gold  and  silver 
money.    Now,  for  the  first  time,  we  have  a  sta- 
tutory   enactment  proposed  to  recognize  the 
paper  of  a  wilderness  of  local  banks  for  money, 
and  in  so  doing  to  repeal  all  prior  legislation  by 
law,  and  the  constitution  by  fact.    This  is  an 
era  in  our  legislation.    It  is  statute  law  to  con- 
trol all  other  law,  and  is  not  a  resolution  to 
aid  other  laws,  and  to  express  the  opinions  of 
Congress.    It  is  statutory  enactment  to  create 
law,  and  not  a  declaratory  resolution  to  expound 
law ;  and  the  effects  of  this  statute  would  be,  to 
make  a  paper  government — to  insure  the  ex- 
portation of   our  specie — to  leave  the   State 
banks  without  foundations  to  rest  upon — to  pro- 
duce a  certain  catastrophe  in  the  whole  paper 
system — to  revive  the  pretensions  of  the  United 
States  Bank — and  to  fasten  for  a  time  the  Adam 
Smith  system  upon  the  Federal  Government  and 
the  whole  Union. 

Mr.  Benton  concluded  his  speech  with  a 
warning  against  the  coming  explosion  of  the 
banks ;  and  said : 

The  day  of  revulsion  may  come  sooner  or  later, 
uid  its  effects  may  be  more  or  less  disastrous ;  but 
come  it  must,  and  disastrous,  to  some  degree,  it 
must  be.  The  present  bloat  in  the  paper  system 
cannot  continue ;  the  present  depreciation  of 
money  exemplified  in  the  high  price  of  every 
thing  dependent  upon  the  home  market,  cannot 
last.  The  revulsion  will  come,  as  surely  as  it  did 
in  1819-'20.  But  it  will  come  with  less  force  if 
tite  treasury  order  is  maintained,  and  if  paper 


money  shall  be  excluded  from  the  federal  treiir 
sury.    But,  let  these  things  go  as  they  may, 
and  let  reckless  or  mischievous  banks  do  what 
they  please,  there  is  still  a  refuge  for  the  wi.se 
and  good ;  there  is  still  an  ark  of  safety  for 
every  honest  bank,  and  for  every  prudent  man ; 
it  is  in  the  mass  of  gold  and  silver  now  in  the 
country— the  seventy  odd  millions  which  the 
wisdom  of  President  Jackson's  administration 
has  accumulated — and  by  getting  their  share  of 
which,  all  who  are  so  disposed  can  take  care  of 
themselves.  Sir  (said  Mr.  B.),  I  have  performed 
a  duty  to  myself,  not  pleasant,  but  necessary. 
This  bill  is  to  be  an  era  in  our  legislation  and  in 
our  political  history.    It  is  to  be  a  point  upon 
which  the  future  age  will  bo  thrown  back,  and 
from  which  future  consequences  will  be  traced. 
I  separate  myself  from  it ;  I  wash  my  hands  of 
it ;  I  oppose  it.    I  am  o.ie  of  those  who  pro- 
mised gold,  not  paper.    I  promised  the  currency 
of  the  constitution,  not  the  currency  of  corpo- 
rations.   I  did  not  join  in  putting  down  the 
Bank  of  the  United  States,  to  put  up  a  wilder  • 
ness  of  local  banks.    I  did  not  join  in  putting 
down  the  paper  curency  of  a  national  bank,  to 
put  up  a  national  paper  currency  of  a  thousand 
local  banks.    I  did  not  strike  Ca3sar  to  make 
Anthony  master  of  Rome. 

Mr.  Walker  replied  to  what  he  called  the  bill 
of  indictment  preferred  by  the  senator  from 
Missouri  against  the  committee  on  public  lands; 
and  after  some  prefatory  remarks  went  on  to 
say: 

"But  when  that  senator,  having  exhausted 
the  argument,  or  having  none  to  otfer,  had  in- 
dulged in  violent  and  intemperate  denunciation 
of  the  Committee  on  Public  Lands,  and  of  the 
report  made  by  him  as  their  organ,  Mr.  W. 
could  not  withhold  the  expression  of  his  sur- 
prii-«  and  a^stonishment.  Mr.  W.  said  it  was  his 
good  fortune  to  be  upon  terms  of  the  kindest 
personal  intercourse  with  eveiy  senator,  and 
these  friendly  relations  should  not  be  inter- 
rupted by  any  aggression  upon  his  part.  And 
now,  Mr.  W.  said,  he  called  upon  the  whole 
Senate  to  bear  witness,  as  he  was  sure  they  all 
cheerfully  would,  that  in  this  controversy  he 
was  not  the  aggressor,  and  that  nothing  had 
been  done  or  said  by  him  to  provoke  the  wrath 
of  the  senator  from  Missouri,  unless,  indeed,  to 
differ  from  him  in  opinion  upon  any  subject 
constituted  an  offence  in  the  mind  of  that  sena- 
tor. If  such  were  the  views  of  that  gentleman, 
if  he  was  prepared  to  immolate  every  senator 
who  would  not  worsliip  the  same  images  of  gold 
and  silver  which  dccoi-atcd  the  political  chapel 


•704 


THIRTY  YEARS'  VIEW. 


i 


'I. 


of  the  honorable  gentleman,  Mr.  W.  was  fearful 
that  the  senator  from  Missouri  would  do  execu- 
tion upon  every  member  of  the  Senate  but 
himself,  and  be  left  here  alone  in  his  plorj'.  Mr. 
AV.  said  he  recurred  to  the  remarks  of  the 
senator  from  Minsouri  with  feelings  of  regret, 
rather  than  of  anger  or  excitement ;  and  that 
he  could  not  but  hope,  that  when  the  senator 
from  Missouri  had  calmly  reflected  upon  this 
subject,  he  would  himself  see  much  to  regret 
in  the  course  he  had  pursued  in  relation  to  the 
Committee  on  Public  Lands,  and  much  to  i-ecall 
that  he  had  uttered  under  feelings  of  temporary 
excitement.  Sir  (said  Mr.  W.),  being  deeply 
solicitous  to  preserve  unbroken  the  ranks  of  the 
democratic  party  in  this  body,  particijiating  with 
the  people  in  grateful  recollection  of  the  distin- 
guished services  rendered  by  the  senator  from 
Missouri  to  the  democracy  of  the  Union,  he 
would  pass  by  many  of  the  i-emarks  made  by 
that  senator  on  this  subject. 

"  [Mi\  Benton  here  rose  from  his  chair,  and 
demanded,  with  much  warmth,  that  Mr.  Walker 
should  not  pass  by  one  of  them.  Mr.  W.  asked, 
what  one  ?  Mr.  B.  replied,  in  an  angry  tone. 
Not  one,  sir.  Then  Mr.  W.  said  he  would  ex- 
amine them  all,  and  in  a  spirit  of  perfect  free- 
dom ;  that  he  would  endeavor  to  return  blow 
for  blow ;  and  that,  if  the  senator  from  Missouri 
desired,  as  it  appeared  ho  did,  an  angry  contro- 
versy with  him,  in  all  its  consequences,  in  and 
out  of  this  house,  he  could  be  gratified.] 

"Sir  (said  Mr.  W.),  why  has  the  senator 
from  Missouri  assailed  the  Committee  on  Pub- 
lic Lands,  and  himself,  as  its  humble  organ? 
I  le  was  not  the  author  of  this  measure,  so  much 
denounced  by  the  senator  from  Missouri,  nor 
had  he  said  one  word  upon  the  subject.  The 
measure  originated  with  the  senator  from  A'^ir- 
ginia  [Mr.  Kives].  He  was  the  author  of  the 
measure,  and  had  been,  and  still  was,  its  able, 
zeiilous,  and  successful  advocate.  Why,  then, 
had  the  senator  from  Missouri  assailed  him 
(Mr.  W.),  and  permitted  the  author  of  the 
measure  to  escape  unpunished?  Sir,  arc  the 
arrows  which  appear  to  be  aimed  by  the  senator 
fronj  Missouri  at  the  humble  organ  of  the  Com- 
mittee on  Public  lands,  who  reported  this  bill, 
intended  to  inflict  a  wound  in  another  quarter  f 
Is  one  senator  the  apparent  object  of  assault, 
when  another  is  designed  as  the  real  victim  ? 
Sir,  when  the  senator  from  Missouri,  without 
any  provocation,  like  a  thunderbolt  from  an 
unclouded  sky,  broke  upon  the  Senate  in  a  per- 
fect tempest  of  wrath  and  fury,  bursting  upon 
his  poor  head  like  a  tropical  tornado,  did  he  in- 
tend to  sweep  before  the  avenging  storm  another 
individual  more  obnoxious  to  his  censure  7 

"Sir  (said Mr.  W.),  the  senator  from  Missouri 
has  thrice  repeated  the  prayer,  Mjod  save  the 
country  from  the  Committee  on  Public  Lauds ; ' 
but  Mr.  W.  fully  believed  if  the  prayer  of  the 
country  could  be  lieard  within  these  walls, 
it  would  be,  God  save  us  from  the  wild,  vision- 
ary, ruinoas,  and  impracticable  schemes  of  the 


senator  of  Missouri,  for  exclusive  gold  and  sil- 
ver currency ;  and  such  is  not  only  the  prayer 
of  the  country,  but  of  the  Senate,  with  scarcely 
I  a  dissenting  voice.     Sir,  if  the  8enat(jr  from 
j  Missouri  could,  by  his  mandate,  in  direct  op- 
;  position  to  the  views  of  the  President,  luitto- 
fore  expressed,  sweep  from  existence  all  tlie 
banks  of  the  States,  and  establish  his  exclusive 
constitutional  ciwrency  of  gold  and  silver,  he 
would  bring  upon  this  country  scenes  of  ruin 
and  distress  without  a  parallel — an  inuuedinte 
bankruptcj'  of  neai-ly  every  debtor,  and  of  al- 
most every  creditor  to  whom   large   amounts 
were  due,  a  prodigious  depreciation  in  the  price 
of  all  property  and  all  products,  and  an  imme- 
diate cessation  by  States  and  individuals  of  near- 
ly every  work  of  private  enterprise  or  pnlijic 
improvement.     The  country  would  be  iiivdlvcd 
in  one  universal  bankruptcy,  and  near  the  prave 
of  the  nation's  prosperity  would  perhnjjs  repdse 
the   scattered  frajrments  of    those  great   and 
glorious    institutions  which  give   hiqipine-s  to 
millions  here,  and  hopes  to  millions  m<nx'  nf 
disenthralment  from  despotic  power.     Sir.  In 
resistance  to  the  power  of  the  Bank  of  tlic 
United  States,  in  opjwsition  to  the  re-estaMish- 
ment  of  any  similar  institution,  the  senator  frnm 
Missouri  woiild  lind  Mr.  W.  with  him ;  lint  ho 
could  not  enlist  as  a  recruit  in  this  new  cnismlc 
against  the  banks  of  his  own  and  every  otlur 
State  in  the  Union.    These  institution.s,  whctiiir 
for  good  or  evil,  are   created  by  the  Stutts, 
cherished  and  sustained  by  them,  in  many  easis 
owned  in  whole  or  in  part  by  the  States,  ami 
closely  united  with  their  prosperity ;  and  what 
right  have  we  to  destroy  them  ?     AVhat  ri^rlit 
had  he.  a  humble  servant  of  the  pcojile  of  .Mis- 
sissippi, to  sa}''  to  his  own,  or  any  other  State, 
your  State  legislation  is  wrong — your  State  in- 
stitution, your  State  banks,  must  be  anniliilafcij, 
and  we  will  legislate  here  to  etlect  this  olijut. 
Are  we  the  masters  or  servants  of  the  .^JV.rd:;!! 
States,  that  we  dare  speak  to  them  in  laiiuuaL'o 
like  this  —  that  we  dare  attempt  to  j)i(i<triitt' 
here  those  institutions  which  are  created  ami 
I  maintained    by  those  very   States  wliicli  we 
I  represent   on   this  floor  ?     These   may  lie  the 
'  opinions  entertained  by  some  senators  of  their 
j  duty  to  the  States  they  represent,  but  tliey  wiiv 
j  not  his  (Mr.  W's)  views  or  his  opinions.    He 
I  was  sincerely  desirous  to  co-operate  with  his 
State  in  limiting  any  dangerous  powers  u(  the 
banks,  in  enlai-ging  the  circulation  of  gold  aii  1 
silver,  and  in  suppressing  the  small  note  cur- 
rency, so  as  to  avoid  that  explosion  which  was 
to  be  apprehended  from  excessive  issms  of  liaiik 
pajKjr.     But  a  total  annihilation  of  all  lliu  Imnks 
of  his  own  State,  now  possessing  a  eliarteivd 
capital  of  near  forty  millions  of  dollars,  woidd, 
Mr.  W.  knew,  produce  aliuo-;t  uuivcrNil  bank- 
ruptcy, anil  was  not,  he  believed,  aiitieiiKited  tiy 
any  one  of  his  constituents. 

"But  the  senator  from  Missouri  tells  ns  t.iat 
this  measure  of  the  couunittie  is  a  repeal  of  tl;e 
constitution,  by  authorizing  the  receipt  of  painr 


AN5fO  183«.    ANDREW  JACKSON,  PRESIDENT. 


705 


louri,  for  exclusive  gold  nnd  sil- 
,n(l  such  is  not  only  the  prayer 
but  of  the  Senate,  with  scarouly 
sice      Sir,  if  the  senatcn-  from 
bv  his  mandate,  in  direct  op- 
' views  of  the  President,  hmto- 
Bweep  from  existence  all  the 
tates,  and  establish  his  exclusive 
cirrency  of  poM  and  silver,  he 
ron  this  country  scenes  of  rum 
ithout  a  parallel-an  innne.  lutc 
nearly  every  debtor,  and  of  al- 
■editor  to  whom   lar-ie   amounts 
o.lin-ious  depreciation  m  the  price 
I  and  all  products,  and  an  immc- 
by  States  and  individuals  of  nenr- 
;  of  private  euterpri-^e  or  public 
The  country  would  be  involved 
■al  bankruptcy,  and  near  the  prove 
^  prosiH-rily  would  perhaps  repose 
1   fra-Muents  of    those  great   and 
iUUions  which  give   huppiiR-s  to 
.   and  hopes  to  mdlions  more  of 
^t  from  despotic  power.     Nrm 
,  the  power  of  the  Bank  o    the 
H,  in  opiwsition  to  the  re-estah  i,s!i- 
similar  institution,  the  senator  fium 
„ldlindMr.W.withhim;lmthe 
liat  as  a  recruit  in  this  new  cni^mlc 
banksof  hisown  andeveryo  her 
Union.    These  institutions,  whet kr 
•  evil    are   created  by  the  f^tiites, 
.d  sustained  by  them  in  many  case. 
hole  or  in  part  by  the  States.  ,u 
nl  with  their  prosperity ;  and  what 
[veto  destroy  them  7     Wliat  I'^'l't 
imble  servant  of  the  iicople  of  Mi. 
Lv  to  his  own,  or  any  olliey  Stale, 
L'islation  is  wnrnp-your  S  a  e  iii- 
'ur  State  banks,  must  be  anuili:hite.l, 
k'LMslate  here  to  etlect  this  oli|>;ct. 
masters  or  .servants  oUhesovav.uu 
,we  dare  speak  to  them  in  lau;.ua,'e 
Ihat  we  dare  attempt  to  pio<tr;a 
Lstitutions  which  are  create,   iiiul 
bv  those   very   States  whuh  we 
n'this  floor?    These  ^  ^^ }^ 
ertained  by  some  senators  ot  t„e,r 
StaU'S  they  represent,  but  tluyweiv 
r  W's')  views  or  his  opmious.     le 
fly  desirous  to  co-openvtc  with  Us 
litinii  any  dangerous  powers  o  tk 
fim-  the  circulation  of  goUla,,.l 

nS  pressing  the  small  note  eur- 
foaVoid  that  explosion  will.  n.w 
Uided  from  excessive  issiiesolbnk 
\  total  annihilation  otu  hi       nj^^^ 

State    now  possessing  a  eli.utu  a 
Kiorty  millions  of  dollars,  .:onM, 

w    nroduce  almost  ui.iv.'r>:d  l«u.k- 
y  not,  he  iKdieved,  anticipated  l,v 

lis  constituents. 

Uenator  from  Missouri  te.l.n^t 

Cflhecommittveisarepealoftk 
':,;yaithorizing  the  receipt  of  i,ai.r 


tnonev  in  revenue  payments.  If  so,  then  the 
eonstitution  never  has  had  an  existence ;  for  the 
period  cannot  be  designated  when  pajwr  money 
was  not  BO  receivable  by  the  federal  govern- 
ment. This  species  of  money  was  expressly 
made  receivable  for  the  public  dues  by  an  act 
of  Congress,  passed  immediately  after  tlic  ad(3i)- 
tion  of  the  constitution,  and  which  remained  in 
force  until  eighteen  h'-.ndred  and  eleven.  It 
was  SO  received,  as  a  matter  of  practice,  from 
eighteen  hundred  and  eleven  until  eighteen 
hundred  and  sixteen,  when,  again,  by  an  act  of 
Congress  then  passed,  and  which  has  just  e:  ■- 
pired,  it  was  so  authorized  to  be  received  during 
all  that  period.  Now,  altiiough  these  acts  lir  ve 
expired,  there  is  that  which  is  equivalent  to  u 
law  still  in  force,  expressly  authorizing  the 
notes  of  the  specie-paying  banks  of  the  States 
to  be  received  in  revenue  payments.  It  is  the 
joint  resolution  of  eighteen  hundred  anc"  six- 
teen, adopted  by  both  houses  of  Congress,  and 
approved  by  President  Madison. 

''  Where  is  the  distinction,  in  principle,  as  re- 
gards the  reception  of  bank  paper  on  public  ac- 
count, between  the  two  provisions  ?    And  the 
senator  from  Missouri,  in  thus  denouncing  the 
bill  of  the  committee  as  a  repeal  of  the  consti- 
tution, denounces  directly  the  President  of  the 
United  States.    Congress,  no  more  than  a  State 
legislature,  can  make  any  thing  but  gold  or  sil- 
ver a  tender  in  payment  of  debts  by  one  citizen 
to  another ;  but  that  Congress,  or  a  State  legis- 
lature, or  an  individual,  may  waive  their  con- 
stitutional rights,  and  receive  bank  paper  or 
drafts,  in  payment  of  any  debt,  is  a  principle  of 
universal  adoption  in  theory  and  practice,  and 
never  doubted  by  any  one  until  at  the  present 
session  by  the  senator  from   Missouri.     The 
distinction  of  the  senator  in  this  respect  was  as 
incomprehensible  to  him  (Mr.  W.)  as  he  be- 
lieved it  was  to  every  senator,  and,  indeed,  was 
discernible  only  by  the  magnifying  powers  of  a 
solar   microscoiie.      It  was    a    point-no-point, 
which,  like  the  logarithmic  spiral,  or  asymptote 
of  the  hyperbolic  curve,  might  be  for  ever  ap- 
proached without  reaching ;  an  intinitesimal,  the 
ghost  of   an   idea,   not  only   without   length, 
breadth,  thickness,  shape,  weight,  or  dimensioiis, 
but  witliout  position — a  mere  imaginary  noth- 
ing, which  Hitted  before  the  bewildered  vision 
of  the  honorable  senator,  when  traversing,  in 
his  litful  somnambulism,  that  tesselatod  pave- 
ment of  gold,  silver,  and  bullion,  wliich  that 
senator  delighted  to  occupy.     Sir,  the  senator, 
from  Missouri  might  have  heaped  mountain 
high  his  piles  of  metal ;  he  might  have  swept, 
in  his  Quixotic  Uighf,  over  the  banks  of  the 
States,  putting  to  the  sword  their  officers,  stock- 
holders, (lirectory,   and    legislative   bodies  by 
which  they  were  chnrtere'd;  he  might,  in  his 
wveries,  have   demolished  their  charters,  and 
cuusuined  their  pajter  by  the  tire  of  his  elo- 
quence;  he  might   have  transacted,  in  fancy, 
with  a  metallic  currency  of  twenty-eight  mil- 
lions in  circulation,  an  actual  annual  business 

Vol.  I.— 45 


of  fifteen  hundred  raillions,  and  Mr.  W.  would 
not  have  disturbed    his   beatific  visions,  nor 
would  any  other  senator — for  they  were  visions 
only,  that  could  never  be  realized — but  when, 
descending  from  his  ethereal  llights,  he  seized 
up(m  the  Committee  on  Public  Lands  as  crimi- 
nals, ariahiged  them  as  violators  of  the  consti- 
tution, and  prayed  Heaven  for  deliverance  from 
them.  Mr.  W.  could  bo  silent  no  longer.     Yes, 
even  then  he  would  have  passed  lightly  over 
the  ashes  of  the  theories  of  the  honorable  Sensr 
tor.  for,  if  he  desired  to  make  assaults  upon  any, 
it  would  he  upon  the  living,  and  not  the  dean; 
but  that  senator,  in  the  opening  of  his  (Mr. 
W.'s)  address,  had  rejected  the  olive  branch 
which,  upon  the  urgent  s(jlicitalion  of  mutual 
'riends,  against  his  own  judgment,  he  had  ex- 
tended to  the  honorable  senator.     The  senator 
from  Missouri  had  thus,  in  substance,  declared 
his  '  voice  was  still  for  war.'     lie  it  so ;  but  ho 
hoped  the  Senate  would  all  recollect  that  he 
(Mr.  W.)  was  not  the  aggressor;    and  that, 
whilst  ho  trusted   he  never  would  wantonly 
assail  the  feelings  or  reputation  of  any  senator, 
he  thanked  God  that  he  was  not  so  abject  or 
degraded  as  to  submit,  wiih  impunity,  to  un- 
provoked attacks  or  unfounded  accusations  from 
any  quarter.     Could  he  thus  submit,  ho  would 
be  unfit  to  represent  the  noble,  generous,  and 
gallant  people,  whose  rights  and  interests  it 
was  his  pride  and  glory  to  endeavor  to  protect, 
whose  honor  and  character  were  dearer  to  him 
than  life  itself,  and  should  never  be  tarnished 
by  any  act  of  his,  as  one  of  their  humble  repre- 
sentatives upon  this  floor." 

Mr.   Rives  returned  thanks  to  Mr.  Walker 
for  his  able  and  satisfactory  defence  of  the  bill, 
which  in  fact  was  his  own  resolution  changed 
into  a  bill.    He  should  not  be  able  to  add  much 
to  what  had  been  said  by  the  honorable  senator, 
but  was  desirous  of  adding  his  mite  in  reply  to  so 
much  of  what  had  been  so  zealously  urged  by 
the  senator  from  Missouri  (Mr.  Benton),  as  had; 
not  been  touched  upon  by  the  chairman  of  the- 
land  committee ;   and   did  so  in  an  elaborate 
six;cch  a  few  days  thereafter.    IMr.  Benton  did' 
not  reply  to  either  of  the  senators  ;  he  believed' 
that  the  events  of  a  few  months  wouid  answer 
them,  and  the  vote  being  immediately  taken,, 
the  bill  was  rjassed  almost  unanimously — only 
five  dissenting  votes.    The  yeas  and  nays  were:: 

Yeas — Messrs.  Black.  Brown,  Buchanan,Cla.y, 
Clayton,  C  ittenden,  Cuthbert,  Dana,  Davis,. 
Kwing  of  Illinois,  Ewing  of  Ohio,  Fulton,  Grun- 
dy, Hendricks,  Hubbard.  Kent.  King  of  Ala«- 
bama,  King  of  Georgia,  Knight.  McKean,  Moore, 
Nicholas,  Niles,Norvell,  Page.  Parker,  Prentiss, 
I'reston,  llive.s.  Bobbins,  Robinscn,  Sevier, 
Southard,  Swift.  Tallmadge,  Tipton,  Tomlinsca^ 
Walker,  Wall,  Webster,  White.— 41.. 


i^ 


70G 


Til  HIT  Y  YKAKS-  VIKW. 


Navs — MpHsra.  Benton,  Linn,  Morris,  Ung- 
glca,  Wri};lit — 5. 

The  inline  (if  Mr.  Calhoun  is  not  in  either  list 
of  these  votes.  He  had  a  reiwi'-.i  for  not  voting, 
which  he  exjiR'ased  to  tho  Senate,  before  the 
vote  wa.s  tiilien ;  thua : 

"  He  Imd  been  very  anxioiiH  to  express  his 
opinions  somewhat  at  large  upon  tliis  siibjcct. 
He  put  no  fiiitli  in  this  nieasnn'  fo  lurest  the 
downward  course  of  the  country.  He  iK-lieved 
tho  state  of  the  currency  was  almost  in("urab!y 
bad,  80  tliMt  it  was  very  doiililfu!  wlietlier  the 
highest  skill  and  wisdon*  con!*!  restore  it  to 
Bonminess  ;  and  it  was  dostined,  at  no  distant 
time,  to  undergo  an  entire  involution.  An  ex- 
pio.sion  he  c  )iisidiTe<l  iuevitablo,  and  so  much 
the  greater,  the  longer  it  siioidd  be  delayed. 
Mr.  0.  would  have  been  glad  to  go  over  the 
whole  subject;  but  as  lie  W.'is  row  uniircpaied 
to  assign  his  readout  for  the  vote  which  he 
niif;ht  give,  he  was  uinvillin;;  to  vote  at  all." 

TliL  explosion  of  tho  banks,  which  Mr.  Cal- 
houn considerec'  inev  itable,  wius  an  event  so  fully 
announced  by  its  "  fihadow  coming  before," 
that  Mr.  Benton  was  astonished  that  so  mi»ny 
ficnators  could  be  blind  to  its  a]iproach,  and 
willing,  by  law,  to  make  their  notes  receivable 
In  all  p.'iyinents  (o  the  federal  governuienf.  The 
bill  went  to  the  House  of  lU'presentr.i'.ves,  where 
a  verv  important  amendment  was  reported  from 
the  C  .inmittee  of  Ways  and  Means  to  which  (he 
bill  had  been  referred,  intended  to  preserve  to  the 
Secretary  of  the  Treasury  his  control  over  tho 
roceivability  of  money  for  the  public  dues,  so  as 
to  enable  him  to  protect  th.'  constitutional  cur- 
riMicy  and  reject  tlio  notes  of  banks  deemed  by 
him  to  be  unworthy  of  credit.  That  amend- 
ment was  in  these  words,  and  its  rejection  goes 
to  illustrate  the  character  of  the  bill  that  was 
passed : 

"  And  be  it  further  enacted,  That  no  part  of 
this  act  ..hall  be  construed  as  rejK'aling  any  ex- 
isting law  relative  to  the  collection  of  the  reve- 
nue from  customs  or  public  lands  in  the  lega! 
currency,  or  as  substituting  bank  notes  of  any 
description  as  a  lawful  currency  for  coin,  as  pro- 
vided in  the  constitution  of  the  United  S'ates  ; 
nor  to  deprive  the  Secretary  of  tho  Treasury  of 
the  power  to  direct  tho  collectors  or  receivers 
of  the  public  reviMiuc,  whether  derived  from  ('u- 
ties,  taxo-  debts,  or  sales  of  the  public  lands, 
not  to  recei\e  in  payment,  for  any  hum  due  to 
the  Uniteti  Stnte.s.  the  notes  of  ai.y  ))ank  or 
biUiks  whic  I  the  said  Scci^'tary  may  h.ive  reason 
to  believe  unworthy  of  credit,  or  wiiich  he  ap- 
prehends may  be  compelled  to  suspend  specie 
payments." 


Mr.  Cambreleng,  chairman  of  the  Conunilfco 
of  Ways  and  Means,  in  support  of  this  amend- 
ment, said  it  had  been  reporteil  for  tho  pii»-p(,j,p 
of  preventing  a  misconstruction  of  the  bill  (w  j) 
canu'  from  tho  Senate,  and  securing  the  public 
revenue  ftom  serious  fmuds  ,  and  asked  for  tin. 
yeas  and  nays.  The  amendment  was  cutolf  liy 
a  sustaiue<l  call  for  the  pivvious  question ;  and 
the  bill  pa.ssed  by  a  Strong  vote — I  l.'l  to  ,V). 
The  nays  weiT  : 

Na  vs — Messrs.  Ash,  Barton,  Bean,  Beaumont, 
Blacrt,  Bockee  Boyd,  llrown,  Ibirns,  Cauibre- 
l.'tig,  Clianey,  (^hapin,  Cttlcs,  Cushman,  Doulije. 
day,  jMomg(M)le,  rlfn.T,  Kairtk-ld,  Parlin,  Fry, 
Kuller,  (lalbraitii,  .1.  Hall,  Hainer,  Hardin,  A. 
(i,  Harrison,  Haves,  lloK,  Huutiiigtou,  .liuvis, 
('.  .lohnsdu.  B.  .loiics,  Lansing,  J.  Lee,  l.i'onan! 
Logan,  Lnyall,  A.  Mauti,  \\ .  iMnson,  M.  Miisdn, 
McKay,  McKeon,  McLaii.  V»'^'^\  I'l'rks,  V.  I'ii lo., 
.Joseph  Heynolds,  Bogers,  Scyinoiir,  Shinn,  Siclv- 
les,  Sniitli,  'i'aylor,  Thonuis,  A.  TlionLsoii,  'rnr- 
rill.  Vauderpol,  Ward,  Wardwtll— r)'). 

It  was  near  tho  end  of  the  session  before  tin 
b'l'  pa.NSi  d  tho  House  of  Ueprestutalives,  |i 
only  got  to  the  hands  of  the  I'resident  in  tin 
Mflernoon  of  the  day  before  the  <onslitiiti(in;iI 
di,ss(dutl!m  of  the  Congress.  He  might  lidve  re- 
tained it  (for  want  of  the  ten  dayi,  for  coii.-<i(l('i:(. 
tion  whi<'h  the  constitution  allowed  him),  widi- 
i;ut  assigning  any  reason  to  Congrc.ss  for  f[i  t\i\. 
ing ;  but  he  cho.sc  to  assign  a  rea,s()n  uliiili, 
though  good  und  valid  in  itself,  may  have  iwii 
helped  on  to  its  conclusions  by  the  evil  tendeiuies 
of  the  measun\  That  reason  wa.s  tho  andMjfiimis 
and  ecpiivocal  character  of  the  bill,  and  the  (iivcr- 
sity  of  interpretations  which  might  be  i)laaii 
upon  its  pi'ovisions;  and  was  contained  in  the 
following  message  to  the  Senate : 

"Tho  bill  fiom  tho  Senate  entitled  'An  act 
desii,;nating  aa<l  limiting  the  funds  receivaMc  lor 
tho  fcveinies  of  the  '^nited  States,  came  tr  my 
hcivis  yesterday,  at  i  vo  o'clock  I'.  M  On  |h'- 
r.isi  ig  it,  I  foiUHl  its  |)rovisi()ns  so  ciniplox  iimi 
uncertain,  that  I  d  ■"ined  it  necessary  to  nhtain 
the  opinion  of  the  Attorney  (Uik  ral  oftlu'  I'ni- 
ted  States  (»n  several  imiM)rtant  (juestinns,  Idncli- 
ing  its  CO  istruction  an<l  ellect, '..  Ibrc  I  oniM 
decide  on  ihe  disposition  to  be  m  deo.'it.  Tiio 
Attorney  (Jeueral  took  up  tho  sul ject  iinnuiii- 
ately,  and  his  reply  was  reported  to  nie  tiiis 
day,  af  .ive  o'clock  P.  M.  As  this  officer,  after 
a  careful  and  laborious  examination  of  the  liill. 
an»l  a  distinct  expression  t)f  his  opinion  on  tlio 
points  proposed  to  him,  still  camo  to  the  cmi- 
chision  tlMit  the  construction  of  tho  bill,  slunilil 
it  become  a  law,  would  bo  yet  a  subject  of  mucli 


vO 


r.  «^^< 


ANNO  18:i(».     ANDUKW  JACKSON.  I'UKSIDKNT. 


707 


iijT,  cliniriniui  of  Hio  Cominittw 
.iins,  in  support,  (.f  this  aiiu'iul- 
1  l)i<»>u  ri'iK>itia  for  the  l.«r,K.SO 
iviHConstniction  of  the  hill  iis  it 
Vimio,  nnd  si<cnrin|^  the  puhlic 
lioiiH  fiTVuds  ,  uihI  awkiMl  for  llu- 

Tho  ftineiuhiKMit  \vii»  i-AilolVhy 
for  the  i)ivvioUH  «nu«Bt.ioii ;  un.l 

by  a  BtronR  vote— 1 1*^  I'J  -'»•'• 

rn  AHh,«nrton,llonii,lJ(>mmiont, 
iV.vd,  ll'own,  HiiniH,  \««">>";o- 
•hiuun,  Col.s,  Oushnmu  I)o.,l,U.- 
lo    j-;fii"r,  Fniriii'M,   Fnrhn.  try. 
itl,    .).  ITiill,  llMiiuT,  IliiPlm,  A. 
iHV-o^  Uoll,  Uin.lii«b'toi.j  .Inrvis, 
.  .),„„'s,  Lansing',  . I.  l''-^;.l'»;<;"i"''l 
A.  Maim,  NV.  Mason   M.>as.,i,. 
on,M<-^»'..»'»K^',l'"rUs,Klu-nv, 
hU  Honors,  Srymoiir.Nhmii,  Ncv- 
avl..r,  Th.mms,  .).  Th.MUHon,  Im- 
,l,Wai-<l,>Var<lwt II -.'•>. 

.  M,o  cud  of  thi-  session  lufon'  tin 
1,0  House  of  llepves.  i.tatives.  It 
,,„.  h,vn.lsofthe  I'resi.lent  n.  tl>, 
the  (lay  hefore  the  <onshtut„M.:.l 
r  the  0  W'ss.  He  u.igl.t  lisivr  iv- 
waulofthele»aayf,fore<...suK.n- 
,0  conslilulion  allowed  him),  wUli- 

any  reason  to  Congress  for  s,>  .io. 

chose  to  assign  a  reason  whioli, 

and  valid  in  itself,  may  have  noen 
,ls  conclusions  hy  the  evil  temlends 
L   That  reason  was  the  ambiguous 

I  character  of  the  hill,  and  the  (liver- 
Letations  which  mi^ht  he  placed 
'visions;  and  was  cunt a.nc'l  m  tho 

issapic  to  the  Senate : 

Ifvomtho  Senate  entitled  'An  «ct 

Ln.llimitinK  the  funds  rece.va.lo  tor 

of  the  TTnited  States,  can-.e  t^  v.,y 

Ivy  at.  vo  o'clock  r.M    ;)"iH- 

r,  nditspr..visionssoc...ni>l«;''''l 
td"':U  it  necessary  to  ntou 

I  the  Attorney  (icncral  of  tlH- h|'- 
LweraliuMK.rtant.v..est.nnstondv 
tmct;mn  and  eilect,  ^.  ore      cW^^^ 

.aispositiontohem  'ieo.  it.  lie 
tuoriS  took  up  the  sul.ect  vmiiin  - 
lis  reidy  was   reported  t^.  nie  tl  i* 

t  cluck  P.M.     As  this  otHccr.aU' 

P,  would  tayel..ul.j«ct  of  .»«* 


i)orplexltv  and  doiiht  (a  view  of  tho  hill  entire- 
ly coincident  with  n>y  own),  and  a»  I  cannot 
t^iink  it  pro|K'r,  in  a  nmtter  of  such  inten-st  and 
•f  Kiicli  constant  application,  to  approve  a  hill 
HU  liahl(>  to  diversity  of  interpretations,  and 
more  especially  as  I  have  not  had  lime,  ii.iid  the 
duties  constantly  jncHsinn  on  ine,  to  ;ive  the 
mihject  that  dolihcrale  consideration  which  its 
importance  demands,  I  am  constrained  to  retain 
the  hill,  without  iM'liii); definitively  thereon  ;  and 
to  the  eml  that  my  reasons  for  this  step  may 
he  fully  understood,  I  shall  i'linse  this  pa|H!r. 
with  the  opinimi  of  the  Attorney  (ieneral,  and 
the  hill  in  (iiustion,  to  he  deposited  in  the  l)e- 
jiarlment  of  Stale," 

Thus  the  iirmness  of  the  I'resident  again 
Rttved  the  country  from  an  immense  calamity, 
Slid  in  a  few  months  covered  him  with  the 
plaudits  of  a  preserved  and  grateful  country. 


C  II  APT  K  11    CLVI. 

KISTUIUUTION  OF  LANDS  AND  MONKV-VAUIOU8 

I'ljorosmoNs. 

TiiK  spirit  of  dis  Irihution,  having  ppt  a  taste  of 
liiat  feiisl  in  tlie  insidious  deposit  hill  at  the  pre- 
ceding session,  became  inigovernahlo  in  its  ap- 
[Mlite  for  it  at  this  session,  an<l  open  and  undis- 
piiised  in  its  efforts  to  effect  its  ohjects.    Within 
till'  first  week  vf  the  meeting  of  Congress,  Mr. 
MinxT,  a  representative  from  Virginia,  moved 
a  resolution  that  tho  Committee  of  Ways  and 
Means  lie  directed  to  bring  in  a  bill  to  release 
the  States  from  all  obligation  ever  to  letiirn  the 
liividends  they  should  receive  under  the  .so-called 
deposit  act.    1 1  was  a  hold  movement,  considering 
that  the  States  had  not  yet  received  a  dollar,  and 
that  it  was  addressed  to  the  same  members, 
sitting  in  tho  same  chairs,  who  liad  enacted  the 
S  measure  uiider  tho  character  of  a  deimsit,  to  be 
sacredly  ret nrnc<l  to  the  United  States  when- 
iver  ilcsired ;    and  under   that  character  had 
puined  over  to  the  support  of  the  act  two  cltts.ses 
of  voters  who  could  not  otherwise  have  been 
nhtained ;  namely,  tho.se  who  condemned  the 
policy  of  distribution,  and  those  who  denied  its 
constitutionality.     Mr.  Dnnlap,  of  Tennessee, 
met  Mr.  Mercer's  motion  at  the  threshold — con- 
demned it  a.s  an  open  conversion  of  deposit  into 
illslribntion — as  a  breach  of  the  condition  on 
which  the  deposit  was  obtained — as  unfit  to  be 


discuH.^ed  ;  and  moved  that  it  Ih-  laid  upon  the 
table — a  motion  that  precludes  tliscussion,  and 
brings  on  an  immediate  vote.  Mr,  Mercer  asked 
for  the  yeas  ajid  nays,  which  being  tiiKeii  showed 
the  astonishing  spectacle  of  seventy-three  mem- 
bers recording  their  names  against  the  motion. 
The  voti- • , as  1 12(1  to 7.'i.  Simultaneously  with  .M r. 
Mercer's  movement  in  the  House  to  pull  the  musk 
from  the  deposit  bill,  and  reveal  it  in  its  true 
character,  was  Mr.  Clay's  movement  in  the  Senate 
to  revive  his  land-money  distribution  bill,  to 
give  it  immediate  effect,  ami  continue  its  opera- 
tion for  five  years.  In  the  first  days  of  tho 
session  he  gave  notice  of  his  intention  to  bring 
in  his  bill ;  luid  quickly  Hdlowed  up  his  notice 
with  its  actual  introduction.  On  pn-senting  the 
bill,  he  said  it  was  due  to  the  occasion  to  make 
some  expluiuitions :  and  thus  went  on  to  niuko 
theui : 

"The  o|)cration  of  the  bill  which  had  Iiereto- 
fore  several  titnes  passed  the  Senate,  and  once 
the  Hous*!,  commenced  on  the  lust  of  December, 
1H22.  and  was  to  contiinie  five  years.     It  pro- 
vided for  a  distribution  of  the  nett  prcKU^eds  «)f 
the  public  lands  during  that  period,  upon  well- 
known  principles.     Hut  the  deposit  act  of  the 
last  session  had  disposed  of  so  large  a  part  of 
the  divisible  fund  under  the  land   bill,  tha*  he 
did  not  think  it  right,  in  the  present  state  of  the 
treasury,  to  give  the  bill — which  he  was  aliout 
to  apply  for  leave  to  introduce — that  relros|K(;- 
tivo   character.      He  had   accordingly,  in    tli(! 
draught  which  he  was  going  to  submit,  made  the 
last  day  of  the  present  mont!i  its  commenci!- 
ment,  and  the  last  day  of  the  year  1841  its  tir- 
mination.     If  it  sh))uld  pa!s.s,  tliei-efure,  in  this 
shape,  the  period  of  its  duration  will  1m-  the 
same  as  that  prescribed   in  thi;   former  bills. 
The  Senate  will  readily  comprehend  the  motive 
for  fixing  tho  end  of  the  year  1841,  as  it  is  at 
that  time  that  the  biennial  reductions  of  ten 
jier  cent,  upon  the  existing  duties  cease,  lujcord- 
ing  to  the  act  of  the  2d  March  18153,  connnonly 
called  the  compromise  act,  and  a  reduction  of 
one  half  of  the  excess  beyond  twenty  per  cent, 
of  any  <luty  then  renuiining,  is  to  take  etlect. 
By  that  time,  u  fair  experiment  of  the  land  bill 
will  have  been  made,  and  Congress  can  then  de- 
termine whether  the  proceeds  of  the  national 
domain  shall  continue  to  Ix;  ei|uital>ly  divided, 
or  shall  be  applied  to  the  current  expenses  of 
the  government.     The  bill  in  his  hand  assigns 
to  the  new  State  of  Arkansa.s  her  just  propor- 
tion of  the  fund,  and  grants  to  her  r»0(),()0()  acres 
of  land  as  proposed  to  other  Stjites.     A  similar 
assignment  and  grant  are  not  made  to  Michi- 
gan, beciuise  her  admission  into  the  Ihiion  is  not 
yet  complete.      But  when  that  event  occurs, 
provision  is  mado  by  which  that  State  will  re- 


708 


THIRTY  YEARS'  VIEW. 


§ 


ceive  its  fair  dividend.  He  had  restored,  in  tliis 
draught,  the  provision  contained  in  the  orif^innl 
plan  tor  the  dJHtrihution  of  the  public  lands, 
which  he  had  presented  to  the  Senate,  by  which 
the  States,  in  the  application  of  the  fund,  are 
restricted  to  the  great  objects  of  education,  in- 
ternal improvement,  and  colonization.  Such  a 
restriction  would,  he  believed,  relieve  the  I^jgis- 
Itttures  of  the  several  States  from  embarrassing 
controversies  about  the  disposition  of  the  fund, 
and  would  secure  the  application  of  what  was 
common  in  its  origin,  to  common  benefits  in  its 
ultinate  destination.  But  it  was  scarcely  ne- 
cessary for  him  to  say  that  this  provision,  as 
well  as  the  fate  of  the  whole  bill,  depended  u|)on 
the  superior  wisdom  of  the  Senate  and  of  the 
House.  In  all  respects,  other  than  those  now 
particularly  mentioned,  the  bill  is  exactly  as  it 
passed  this  body  at  the  last  scKsion." 

The  bill  was  referred  to  the  Committee  on 
Pnblic  Lands,  consisting  of  Mr.  Walker  of 
Mississippi,  Mr.  Ewing  of  Ohio,  Jlr.  King  of 
Alabama,  Mr.  Ruggles  of  Maine,  Mr.  Fulton  of 
Arkansas.  The  committee  returned  the  bill 
with  an  amendment,  proposing  to  strike  out  the 
entire  bill,  and  substitute  for  it  a  new  one,  to 
restrict  the  sale  of  the  lands  to  actual  settlers 
i>  limited  quantities.  In  the  course  of  the 
discussion  of  the  bill,  Mr.  Benton  offered  an 
amendment,  securing  to  any  head  of  a  family, 
any  yoimg  man  over  the  age  of  eighteen,  and 
any  widow,  a  settlement  right  in  160  acres  at 
reduced  prices,  and  inhabitation  and  cultivation 
for  five  years  :  which  amendment  was  lost  by  a 
close  vote — 18  to  20.    The  yeas  and  nays  were : 

Yeas — Messrs.  Benton,  Black,  Dana,  Ewing 
of  Illinois,  Fulton,  Hendricks,  King  of  Alabama, 
Linn,  Moore,  Morris,  Nicholas,  Rives,  Robin- 
son, Sevier,  Strange,  Tipton,  Walker,  White — 
Ifl. 

Nays — Messrs.  Bayard,  Brown,  Calhoun, 
Clay,  Clayton,  Crittenden,  Davis,  Ewing  of 
Ohio,  Hubbard,  Kent,  King  of  Georgia,  Niles, 
Page,  Prentiss,  Robbins,  Ruggles,  Swift,  Tall- 
madge,  Wright — 20. 

The  substitute  reported  by  the  committee  on 
public  lands,  after  an  extended  debate,  and  vari- 
ous motions  of  amendment,  was  put  to  the  vote, 
and  adopted — twenty-four  to  sixteen — the  yeas 
and  nays  being : 

Yeas — Messrs.  Benton,  Black,  Brown,  Bu- 
chanan, Cuthbert,  Ewing  of  Illinois,  Fulton, 
Grundy,  Hendricks,  Hubbard,  King  of  Alaba- 
ma, Linn,  Lyon,  Moore,  Mouton,  Nicholas, 
Niles,  Norvell,  Page,  Rives,  Robinson,  Strange, 
Walker,  Wright— 24. 

Nays. — Messrs.  Bayard,  Calhoun,  Davis,  Ew- 


ing of  Ohio,  Kent,  Kin^  of  Georgia,  Knij^ht, 
Prentiss,  Robbinfl,  Sevier,  Southard,  Swift 
Tomlinson,  Wall,  Webster,  White— 16. 

So  Mr.  Clay's  plan  of  a  five  years'  open  distri- 
bution of  the  land  money  to  the  States,  in  addition 
to  the  actual  distribution,  under  the  deposit 
mask,  was  now  defeated  in  the  Senate :  but  that 
did  not  put  an  end  to  kindred  schemes.    Thoy 
multiplied  in  dificrcnt  forms ;  and  continued 
to  vex  Congress  to  almost  the  last  day  of  it.s 
existence.    Mr.  Calhoun  brought  a  plan  for  the 
a'ssion  of  all  the  public  lands  to  the  States  in 
which  they  lay,  to  be  sold  by  them  on  graduatij 
prices,  extending  to  thirty-five  years,  on  condi- 
tion that  the  States  should  take  the  expenses  of 
the  land  system  on  themselves,  and  pay  thirty- 
three  and  a  third  per  centum,  of  the  sales,  to  the 
federal  treasury.  Mr.  Benton  objected,  on  prinri 
pie,  to  any  complication  of  moneyed  or  p»""^  ,Hy 
transactions  between  the  States  and  tue  federal 
government,  leading,  as  they  inevitably  would, 
to  dissension  and  contention ;  and  ending  in  cun- 
troversies  between  the  members  and  the  head 
of  the  federal  government :  and,  on  detail,  U'. 
cause  the  graduation  was  extended  beyond  a 
period  when  the  new  States  would  be  strong 
enough  to  obtain  better  terms,  without  the  cmw- 
plication  of  a  contract,  and  the  condition  uf  a 
purchase.    Within  the  thirty-five  years,  there 
would  be  three  new  apportionments  of  rejtre- 
sentatives,  under  the  censuses  of  1840,  Isjii. 
and  1800 — doubling  or  trebling  the  new  States' 
representation   each   time ;    also   several  new 
States  admitted  ;  so  that  they  would  be  strong 
enough  to  take  effectual  measures  for  the  ex- 
tinction of  the  federal  titles  within  the  States. 
on  just  and  equitable  principles.     Mr.  Buchanan 
openly  assailed  Mr.  Calhoun's  proposition  as  a 
bid  for  the  presidency ;  and  said : 

"  He  had  heard  a  great  deal  said  about  bribin; 
the  people  with  their  own  money  ;  arguments 
of  that  kind  had  been  reiterated,  but  they  had 
never  had  much  effect  on  him.  But  speakinj 
on  the  same  principles  on  which  this  had  been 
said,  and  without  intending  any  thing  pergonal 
toward  the  honorable  senator  from  South  Cm>- 
lina,  he  would  soy  this  was  the  mo.st  splendid 
bribe  that  had  ever  yet  been  ofi'ered.  It  was  to 
give  the  entire  public  domain  to  the  people  of 
the  new  States,  without  fee  or  reward,  and  on 
the  single  condition  that  they  should  not  brin^' 
all  the  land  into  market  at  once.  It  was  tin 
first  time  such  a  proposition  had  been  broii'.'ht 
forward  for  legislation  ;  and  he  solemnly  pro-  j 
tested  against  the  principle  that  Congress  luul 


ANNC  1886.    ANDREW  JACKSON,  PRESIDENT. 


709 


Kine  of  Georgia.  Knii^ht, 
Scvicr,    Southard,    Swift, 


[ent, 

11,  Webster,  White— 16. 

J  plan  of  a  five  years'  open  distri- 
nd  money  to  the  SUtcB,  in  addition 
distribution,  under  the  deposit 
defeated  in  the  Senate :  but  that 
end  to  kindred  schemes.    They 
different  forms;  and  continued 
,s8  to  almost  the  last  day  of  its 
r.  Calhoun  brought  a  pi  »n  for  tlic 
the  public  lands  to  the  States  m 
f,  to  be  sold  by  them  on  graduutd 
ing  to  thirty-five  years,  on  condi- 
States  should  take  the  expenses  of 
em  on  themselves,  and  pay  thirty- 
hird  per  centum,  of  the  sales,  to  the 
iry.  Mr.  Benton  objected,  on  prinri 
miplication  of  moneyed  or  p"-.  ay 
between  the  States  and  the  federal 
leading,  as  they  inevitably  woukl, 
;  and  contention ;  and  ending  in  c.m- 
ctween  the  members  and  the  head 
•al  government:  and,  on  detail, k- 
rraduation  wai^  extended  beyond  a 
n  the  new  States  woula  be  strong 
ibtain  better  terras,  without  the  cum- 
a  contract,  and  the  condition  of  a 
Within  the  thirty-five  years,  tlKiv 
irce  new  apportionments  of  npn- 
under  the  censuses  of  1840,  IbJii 
doubling  or  trebling  the  new  Statis' 
on   each   time;    also   several  new 
tted  ;  so  that  they  would  be  strong 
take  effectual  measures  for  the  ex-  , 
the  federal  titles  within  the  States.  ] 
equitable  principles.    Mr.Buchauau 
iled  Mr.  Calhoun's  proposition  as  a 
presidency ;  and  said : 
heard  a  great  deal  said  about  bribinj 
with  their  own  money  ;  argunu^is 
,d  had  been  reiterated,  but  they  had 
much  effect  on  him.    But  spiuto- 
e  principles  on  which  this  had  been 
ithout  intending  any  thing  veronal 
honorable  senator  from  boutU  (.arc. 
uldsoy  this  was  the  mo.st^plemlH 

had  ever  yet  been  offered.    Itw.t 

tke  public  domain  to  the  people.) 

'ates,  without  fee  or  reward,  aiun 

•ondition  that  they  should  not  br  . 

[i  into  market  at  once.    Itw,i>tla 

uch  a  proposition  had  been  brought 

Ir  legislation;  and  he  solemnly  pro- 
Inst  the  principle  that  Congress  l>^  I 


any  right,  in  equity  or  justice,  to  plvo  what  be- 
longed to  the  entire  people  of  the  Union  to  the  ] 
iniiabitnnts  of  any  State  or  States  whatever,  j 
After  warmly  expressing  his  dissent  to  the  | 
amendment,  Mr.  I),  said  ho  hoped  it  would  not  i 
receive  the  sanction  of  any  considerable  portion  I 
of  the  Senate." 

Mr.  Sevier  of  Arkansas,  said  it  might  be  very 
true  that  presidential  candidates  would  bid  deep 
fur  the  favor  of  the  West ;  but  that  was  no  tea- 
son  why  the  West  should  refuse  a  good  offer, 
when  made.  Deeming  this  a  good  one,  and 
beneficial  to  the  new  States,  he  was  for  taking 
it.  Mr.  Linn,  of  Missouri,  objected  to  the  propo- 
sition of  Mr.  Cullioun,  as  an  amendment  to  the 
bill  in  favor  of  actual  settlers  (in  which  form  it 
was  offered),  because  it  would  be  the  occasion 
of  losing  both  measures ;  and  said : 

"  He  might  probably  vote  for  it  as  an  inde- 
pendent proposition,  but  could  not  as  it  now 
stood.     He  had  set  out  with  the  determination 
to  vote  against  every  amendment  which  should 
be  proiwsed,  as  the  bill  had  once  been  nearly 
lost  by  tlie  multiplication  of  them.     If  this 
amendment  should  be  received,  the  residue  of 
the  session  would  be  taken  up  in  discussing  it, 
and  nothing  would  be  done  for  his  constituents, 
lie  wanted  them  to  know  that  ho  had  done  his 
utmost,  which  was  but  little,  to  carry  into  effect 
their  wishes,  and  to  secure  their  best  interests 
in  the  settlement  of  the  new  country.    He  was 
anxious  to  obtain  the  passage  of  an  equitable 
paM;mption  law,  which  should  secure  to  them 
thoir  homes,  and  not  throw  the  country  into 
the  hands  of  great  capitalists,  a.s  had  been  done 
in  the  case  of  the  Holland  Land  Company,  and 
thus  retard  the  settlement  of  the  West.    As  to 
the  evasions  of  previous  pre-emption  laws,  of 
which  so  much  had  been  said,  he  believed  they 
cither  had  no  existence  in  Mis.souri,  or  had  been 
p-ossly  exaggerated.    In  the  course  of  his  pro- 
fessional duty  (Mr.  Linn  is  a  physician,  in  large 
practice),  he  had  occasion  to  become  extensively 
aciuainted  with  the  people  concerning  whom 
these  things  had  been  a.ssertcd  (he  referrwl  to 
the  emigrants  who  had  sctled  in  that  State, 
under  the  pre-emption  law  of  1814),  and  he 
could  say,  nothing  of  the  kind  had  fallen  under 
his  observation.    They  had  come  there,  in  most 
cases,  poor,  surrounded   by  all  the  evils  and 
disadvantages  of  emigration  to  a  new  country ; 
he  had  attended  many  of  them  in  sickness  ;  and 
he  could  truly  aver  that  they  were,  as  a  whole, 
the  best  and  most  upright  body  of  people  he 
had  ever  known. 

"  Mr.  L.  said  he  was  a  practical  man,  though 
his  temperament  might  be  somewhat  warm,  lie 
looked  to  things  which  were  attainable,  and  in 
the  near  prospect  of  being  obtained,  rather  than 
It  those  contingent  and  distant.    Here  was  a 


bill,  far  advanced  in  the  Senate,  and,  as  he  Impod, 
on  the  eve  of  passing.  He  Iwlicved  it  would 
secure  a  great  go(Ml  to  his  conHtituent*! ;  and  he 
could  not  ccmsent  to  risk  that  bill  by  accepting 
the  amendment  proijoscd  by  the  senator  from 
South  Carolina.  If  the  senator  from  ArkansaM 
would  let  this  go,  he  might  possibly  find  that  it 
was  a  lietter  thing  than  he  could  ever  get  again. 
He  wanted  that  Congress  should  so  regulate  the 
public  lands,  and  so  arrange  the  terms  on  which 
it  was  disposed  of,  as  to  fiiniish  in  the  West 
an  opportunity  for  poor  men  to  become  rich, 
and  every  worthy  and  industrious  man  pros- 
perous and  happy." 

'Mr.  Calhoun  felt  himself  called  upon  to  rise 
in  defence  of  his  proposition,  and  in  vindication 
of  his  own  motives  in  offering  it ;  and  did  so, 
in  a  brief  speech,  saying : 

"  When  the  Senate  had  entered  upon  the  pre- 
sent discussion,  he  had  had  little  thought  of 
offering  a  proposition  like  this.     He  had,  indeed, 
always  seen  that  there  was  a  iwriod  coming 
when  this  government  must  cede  to  the  new 
States  the  possession  of  their  own  soil ;  but  he 
had  never  thought,  till  now,  that  period  was  so 
near.    What  he  had  seen  this  session,  however, 
and  especially  the  nature  and  character  of  the 
bill  which  was  now  likely  to  pass,  had  fully 
satisfied  him  that  the  time  had  arrived.    There 
were  at  present  eighteen  senators  from  the  new 
States.    In  four  years,  there  would  be  six  more, 
which  would  malce  twenty-four.    All,  then;fote, 
must  see  that,  in  a  very  short  period,  those 
States  would  have  this  question  in  their  own 
hands.    And  it  had  been  openly  said  that  they 
ought  not  to  accept  of  the  present  proposition, 
because  they  would  soon  be  able  to  get  better 
terms.     He  thought,  therefore,  that,  instead  of 
attempting   to  resist  any  longer  what  must 
eventually  happen,  it  would  bo  better  for  all 
concerned  that  Congress  should  yield  at  once  to 
the  force  of  circumstances,  and  cede  the  public 
domain.     His  objects  in  this  movement  were 
high  and  solemn  objects.    He  wished  to  break 
down  the  vassalage  of  the  new  States.    He  de- 
sired that  this  government  should  cease  to  hold 
the  relation  of  a  landlord.     He  wished,  further, 
to  draw  this  great  fund  out  of  the  vortex  of  the 
presidential  contest,  with  which  it  had  openly 
been  announced  to  the  Senate  there  was  an 
avowed  design  to  connect  it.    He  thought  the 
country  had  been  sufficiently  agitated,  corrupt- 
ed, and  debased,  by  the  influence  of  that  con- 
test ;  and  he  wished  to  take  this  great  engine 
out  of  the  hands  of  power.    If  he  were  a  can- 
didate for  the   presidency,  he  would  wish  to 
leave  it  there.     He  wished  to  go  further :  he 
sought  to  remove  the  immense  amount  of  pa- 
tronage connected  with  the  management  of  this 
domain — a  patronage  which  had  corrupted  both 
the  old  and  the  new  States  to  an  enormous  ex- 
tent.   He  sought  to  counteract  the  centralism, 


710 


THIRTY  YEARS'  VIEW. 


which  wus  the  ^rcnt  «liui^ur  of  thin  (;ovcniinoiit, 
and  thcivhy  t<»  pivstTve  the  lihorticH  «»f  tho  jjco- 

1)lc  iiiiirh  lon^HT  than  would  othorwiMo  \m  |)OHHi- 
tle.     Ah  to  what  was  to  ho  received  fur  thcHo 
hindH,  Uv  cared  nothing  ahuiit  it.      IIu  woiihl 
hiivi'  consented  at  once  to  yield  the  whole,  and 
withdraw  alto(;cther  the    lundlordahip   of  the 
poiieral  Kovornmcnt  over  thoin,  had  ho  not  bc^- 
lioved  that  it  would  be  most  for  tlto  bencUt  of 
the  new  Statcfi  theniHelvcH  that  it  hIiouIiI  con- 
tinue HOinewhut  longer.     Theso  wore  tlio  views 
which  had  induced  him  to  present  the  amend- 
ment.    He  ofl'ered  no  pildcd  pill.     He  threw  in 
no  apple  of  discord.    He  was  no  bidder  for  |)opu- 
lurity.    Ho  proHcribed  to  hiinNolf  a  more  huniblo 
aim,  which  waH  simply  to  do  his  duty.     He 
soHnht  to  counteract  the  corrupting  tenilcncy 
of  the  existiiiR  course  of  thinf^.     Ho  sought  (o 
weaken  this  government  by  (livesting  it  of  at 
least  a  part  of  the  immense  patronngo  it  wield- 
ed.    He  held  that  every  ga'at  landed  estate  re- 
quired a  local  udministrition,  conducted  by  ikt- 
sons  more  intimately  acquainted  with  local  wants 
and  intcrestH  than  the  mombors  of  a  central 
government  could  possibly  be.      If  any  body 
oskud  him  for  a  proof  of  the  truth  of  his  posi- 
tions, ho  might  point  them  to  the  bill  now  be- 
fore the  Senate.     Such  wore  the  sentiments, 
shortly  stated,  which  had  governed  him  on  this 
occasion.     He  had  dono  his  duty,  and  he  must 
leuvu  tho  result  with  Ood  and  with  the  new 
States." 

Mr.  Calhoun's  proposition  wa.s  then  put  to 
the  vote,  and  almost  unanimously  rejected,  only 
six  senators  besides  himself  voting  for  it ;  name- 
ly :  Messrs.  King  of  Georgia ;  Mooro  of  Alaba- 
ma ;  Morris  of  Ohio ;  Robinson  of  Hlinois ; 
Sevier  of  Arkansas ;  and  White  of  Tennessee. 
And  thus  a  third  project  of  distribution  (count- 
ing Mr.  Mercer's  motion  as  one),  at  this  ses- 
sion, had  miscarried.  But  it  was  not  the  end. 
Mr.  Chilton  Allen,  representative  from  Ken- 
tucky, moved  a  direct  distribution  of  land  to  the 
old  States,  equal  in  amount  to  the  grants  which 
had  been  made  to  the  new  States.  Mr.  Abijah 
Mann,  jr.,  of  New  York,  strikingly  exposed  the 
injustice  of  this  proposition,  in  a  few  brief  re- 
marks, saying : 

"  It  must  be  apparent,  by  this  time,  that  this 
proposition  was  neither  more  nor  less  than  a 
new  edition  of  the  old  and  exploded  idea  of  dis- 
tributing the  proceeds  of  the  sales  of  the  public 
lands,  attempted  to  be  concealo<l  under  rubbish 
and  verbiage,  and  gilded  over  by  the  patriotic 
idea  of  applying  it  to  the  public  education.  Its 
paternity  is  suspicious,  and  its  hope  fallacious 
and  delusive.  The  preamble  to  this  resolution 
is  illusory  and  deceptive,  addressed  to  the  cupid- 
ity of  the  old  States  represented  on  this  floor. 
It  recit«s  the  giants  made  by  Congress  to  each 


of  tho  new  States  of  the  public  lands  in  the  nj," 
grogat*',  without  si>ocifying  the  motive  or  c<ni. 
sideralion  upon  which  they  were  made,  hi 
argument  is,  that  an  equal  quantity  should  lie 
granted  to  tho  old  States,  to  make  tliein  resiKc 
tively  equal  sharers  in  the  public  lands.  Now 
sir  (said  Mr.  M.),  nothing  could  be  devised  nion' 
disingenuous  and  deceptive.  Let  us  l(H>k  at  it 
briefly.  The  idea  is,  that  the  ohl  States  granicii 
theso  lands  to  tho  now  for  un  implied  coiisidtia- 
tioii,  and  resulting  l)ono(lt  to  themselves  ;  tlmt 
it  was  a  sort  of  Indian  gift,  to  be  nfuniicil 
with  incrooHC.  Not  so,  sir,  at  all.  If  Mr.  M. 
understood  the  motives  inducing  those  grants, 
they  were  paternal  on  the  part  of  the  old  StaUs; 
proceeding  upon  that  generous  and  noble  lilit  r- 
ality  which  induces  a  wealthy  father  to  advance 
and  provifle  for  his  chililren.  This  was  tin' 
moving  consideration,  though  he  (.Mr.  M.)  was 
aware  that  the  giants  in  aid  of  tlio  inipiuvi - 
inonts  of  the  new  States  and  territories  wciv 
upon  consideration  of  advancitig  the  sule  mu] 
improvement  of  tho  remaining  lands  in  tli(»e 
States  held  by  tho  United  States." 

The  proposition  of  Mr.  Allen  was  disposi-il  of 
by  amotion  to  lie  on  tho  table, which  prevailed— 
one  hundred  and  fourteen  to  eighty-one  votes ; 
but  the  end  of  theso  propositions  was  not  yet. 
Another  motion  to  divide  surpluses  was  to  U- 
made,  and  was  made  in  tho  expiring  days  of  the 
session,  and  by  way  of  amendment  to  the  ri;,'u- 
lar  fortiflcation  bill.     Mr.  Boll,  of  I'ennesMc 
moved,  on  tho  25th  of  February,  that  a  fiirtlur 
deposit  of  all  the  public  monies  in  the  tivasiirv 
on  tho  first  day  of  January,  1838,  above  tho 
sum  of  five  millions  of  dollars,  should  be  "dcjio- 
sited"  with  the  States,  according  to  the  t^rins  of 
the  "  deposit "  bill  of  the  preceding  session ;  and 
which  would  have  the  effect  of  making  a  sicoml 
"deposit"  after  the  completion  of  the  first  one. 
Tho  argument  for  it  was  the  same  which  hail 
been  used  in  the  first  case ;  the  argument  against 
it  was  tho  one  previously  used,  with  the  addi- 
tion of  the  objectionable  p'-oceoding  of  spriiijiing 
such  a  proposition  at  thb  end  of  the  .session, 
and  as  an  amendment  to  a  defence  appro])rinti(iQ 
bill,  on  its  passage ;  to  which  it  was  utterly  in- 
congruous, and  must  defeat ;  as,  if  it  failed  to 
sink  the  bill  in  one  of  the  Houses,  it  mut^t  cer- 
tainly bo  rejected  by  the  President,  who,  it 
was  now  known,  would  not  be  cheated  a;,'ain 
with  the  word  deposit.    It  was  also  ojiposed  as 
an  act  of  supererogation,  as  nobody  could  tell 
whether  there  would  bo  any  surplus  a  year 
hence  ;  and  further,  it  was  opposed  as  an  act  of 
usurpation  and  an  encroachment  upon  the  au- 
thority of  the  ensuing  Congress.    A  new  Con- 


ANNO  183(1.     ANMIKW  JACKSON,  I'KI'.SIDKNT. 


•711 


CM  of  the  public  UnrlH  in  the  av,- 
t  HiK-cifyiiiK  tli«  motive  or  cm- 
,  which  thoy  wire  !im.lc.  It. 
at  an  equal  qunntity  shouM  U: 
oUl  States,  to  make  (lieinnMiic 

urcrs  in  the  puhlic  1»'«1''-  ><'w, 
.),  nothing  couldhe  .l.v.se.nhu,v 

n.i  deceptive.  Let  us  l.K.k  .tl  i 
lea  is,  that  the  oU  States  gm.tnl 
the  new  for  an  impUetl  consideia- 
lin.r  l)eneHt  to  themselves ;  tliat 
of  Indian  gift,  to  »'C  J*/"'"''''! 
Not  BO,  »ir,  at  all.  If  Mr.  M. 
c  motrvcs  inclncin(t  those  uniiits, 
rnalonthepartofti.eoldSl.iliSi 
un  that  L'enerouH  and  noble  lilMr- 
duces  a  wealthy  fatlK-'-.t"  "•'^■"'''■^' 
ror  his  childn-n.  'Ihis  wa'*  Ha 
ileration,  though  he  (.Mr.  M.)  wus 

,e  irrauts  in  aid  of  tlie  nnpiuv,- 
ncw  States  an.l  territones  wdv 
ration  of  advancinj:  the  sale  uimI 
of  the  remaining  lands  in  tlube 
y  the  United  States." 
(ition  of  Mr.  Allen  was  disposid  ..f 
0  lie  on  the  table,  which  prcvailed- 
and  fourteen  to  eighty-one  votes; 
of  these  propositions  was  not  yit. 
tion  to  divide  surpluses  was  to  l.u 
aa  made  in  the  expiring  days  of  thf 
by  way  of  amendment  to  the  rij:u- 
ion  bill.     Mr.  Bell,  of  TeinHs>«, 
ho  25th  of  February,  that  a  f.ii  tlin 
,1  the  public  monies  in  the  troiisiiry 
,  day  of  January,  1838,  above  tlie 
(nillions  of  dollars,  should  Iw  "  tlqio- 
^be  SUtcs,  according  to  the  Urins .,f 
"  bill  of  the  preceding  session;  and 
I  have  the  effect  of  making  a  second 
rter  the  completion  of  the  first  one, 
fnt  for  it  was  the  same  which  had 
the  first  case ;  the  argument  against 
ne  previously  used,  with  the  addi- 
bjectionablo  proceeding  of  sprin?in? 
'.osition  at  tht  end  of  the  .session, 
iendmcnt  to  a  defence  appropriation 
,as88ge ;  to  which  it  was  utterly  in- 
^nd  must  defeat;  as,  if  it  failed  ta 

|l  in  one  of  the  Houses,  it  must  cer- 

•ejected  by  the  President,  who.  it 

,own,  would  not  be  cheated  a|,'ain 

.rd  deposit.    It  was  also  opposed  as 

[upererogation,  as  nobody  could  tell 

,erc  would  bo  any  surplus  a  year 

further,  it  was  opposed  as  an  act  of 

and  an  encroachment  upon  the  au- 

he  ensuing  Congress.    A  ubw  Con- 


gresH  wan  to  be  elected,  and  to  nssemble  before 
that  time;  the  present  ConKfesM  would  expire 
in  aix  days  :  and  it  was  argued  that  it  was  nei- 
ther right  nor  decent  to  anticipate  their  siicces- 
Hors,  and  do  what  they,  fresh  from  the  (Hople, 
niiKht  not  do.  Mr.  Yell,  of  Arkansas,  was  the 
principal  s|ii'aker  iiKiiinst  it ;  and  said : 

"I  voted.  Mr.  Sfwaker,  against   the  amend- 
ment pro|)osed   by  the  gentleman   from  Ten- 
nessee f  Mr.  liell),  Itecaiisc  I  am  «)f  opinion  that 
this  bill,  if  passed,  and  sanctioned  by  the  Pre- 
sident— and  [  trust  that  it  never  will  receive 
the  countcnaneu  of  that  distinguished  mitn  and 
illustrious  stuti'smaii — will  at  once  eHlablisli  a 
system  demoralizing  and  corrupting  in  its  in- 
ffiieiKvs,  and   tend  to  the   destruction   of  the 
sovereignty  of  the  States,  and  render  them  de- 
|H-ndant  suppliants  on  the  general  government. 
This  measure  of  distribution,  since  it  has  been 
a  hobby-horse  for  gentlemen  to  ride  on,  has  pre- 
sented an  anomalous  si^ctacle  I     The  time  yet 
iH'longs  to  the  history  of  this  Connress,  when 
honorable  gentlemen,  from  the  South  and  West, 
were  daily  found  arraying  themselves  against 
every  siwcies  of  unnecessary  taxation,  boldly 
avowing  that  they  were  opposed  to  any  and  all 
tariir  systems  which  would  yield  a  revenue  Ije- 
yond  the  actual  wants  and  demands  of  the  ruv- 
eruincnt.     Such  was  their  language  but  a  lew 
weeks  or  moiitlm  ago ;  and,  in  proclaiming  it. 
they  struggled  hard  to  excel  each  other  in  zeal 
ami  violenoe.     And  now,  sir,  what  is  the  e|)ec- 
tacle  we  Iwhold  1    A  system  of  distribution — 
another  and  a  specious  name  for  a  system  of 
bribery  has  been  started ;  the  hounds  are  in  full 
cry;  and  the  same  honorablt!  and  patriotic  gen- 
tlemen now  step  forward,  ai  1,  at  the  watch- 
word of  'put  money  in  thy  purse;  aye,  put 
money  in  thy  purse,'  vote  for  the  distribution 
or  bribery  measure ;  the  etfect  of  which  is  to  en- 
tail on  this  country  a  system  of  taxation  and 
oppression,  which  has  had  no  parallel  since  the 
days  of  the  tea  and  ten-penny  tax — two  frightful 
mvoaures  of   discord,  which  roused  enfeebled 
colonies  to  rebellion,  and  led  to  the  foundation 
of  this  mighty  republic    But  we  are  told,  Mr. 
Speaker,  that  this  proposed  distribution  is  only 
for  momentary  duration ;  that  it  is  necessary  to 
relieve  the  Treasury  of  a  redundant  income,  and 
that  it  will  speedily  be  discontinued !     Indeed, 
sir !  What  evidence  have  wo  of  the  fact  ?  V/  ;at 
evidence  do  we  require  to  disprove  the  assertion  ? 
This  scheme  was  commenced  the  last  session  ; 
it  has  been  introduced  at  this ;  and  let  me  tell 
you,  Mr.  Speaker,  it  never  will  be  abandoned  so 
lung  as  the  high  tariff  party  can  wheedle  the 
people  with  a  siren  lullaby,  and  cheat  them  out 
of  their  rights,  by  dazziii'"  the  vision  with  gold, 
and  deluding  the  fancy  by  the  attributes  of  so- 
piiistry.      Depend  upon  it,  sir,  if  this  baleful 
fevi^tem  of  distribution  be  notnipiK'd  in  the  bud, 
it  will  betray  the  people  into  submission  by  a 
species  of  taxation  which  no  nation  on  earth 


shouM  endure.  Sir,  continued  Mr.  Y.,  I  isntcr 
my  protest  against  a  system  of  bargain  and  cor- 
ruption, which  is  to  be  executed  by  parties  of 
dill'en'nt  |M)litical  complexions,  for  the  pur|ioHo 
of  dividing  the  h/hiHh  which  they  have  plundered 
fi'<im  the  people.  If  the  sales  of  the  publie  lands 
are  to  \m  continued  for  the  benefit  of  the  s|k'cu- 
liitors  who  go  to  the  West  in  multitudes  for  tli« 
puriH)so  of  li^'oUy  Htvaling  the  lands  and  im- 
provements of  the  jieople  of  the  new  States,  I 
no|ie  my  constituents  may  know  who  it  is  that 
thus  imposes  \\\\(n\  them  a  system  of  lif^'ulizrd 
fraiitl  mill  Dppirs.tion.  If,  s'.r,  my  constituents 
arc  to  lie  sacrificed  by  the  maintenance  of  a  sys- 
tem of  persecution,  got  up  aixl  eurried  on  for  the 
purpose  of  lilting  the  ])tK;kets  of  otheis  to  their 
ruin,  I  wish  them  to  know  wh'>  is  the  author  of 
the  enormity.  I  had  ho|)ed,  Mr.  Sjieaker,  and 
that  hojK!  has  not  yet  iK-en  abandoned,  that  if 
ever  this  branch  of  the  government  is  bent  on 
the  destruction  of  the  rights  of  the  people,  and 
a  violation  of  the  Constitution,  there  is  vet  one 
ordeal  for  it  to  pass  where  it  may  l>e  shorn  f)f 
its  baneful  asi>ect.  And,  Mr.  Sp-aker,  I  trust 
in  God  that,  in  its  passage  through  that  ordeal, 
it  will  find  a  (juivUu." 

Mr.  Bell's  motion  succeeded.  The  sccona 
"deposit"  act,  by  a  vote  of  112  to  70,  was  en- 
grafted on  the  appropriation  bill  for  completing 
and  constructing  fortifications ;  and,  thus  loaded, 
that  bill  went  to  the  Senate.  Being  referred  to 
the  Committee  on  Finance,  that  committee  direct- 
ed their  chairman,  Mr.  Wright  of  New- York,  to 
move  to  strike  it  out.  The  motion  was  resisted 
by  Mr.  Calhoun,  Mr.  Clay,  Mr.  Webster,  Mr. 
White  of  Tennessee,  Mr.  Ewing  of  Ohio,  Crit- 
tenden, Preston,  Southard,  and  Clayton;  and 
supported  by  Messrs.  Wright,  Benton,  Bedford 
Brown,  Buchanan,  Grundy,  Niles  of  Connecticut, 
Rives,  Strange  of  North  Carolina:  and  being 
I)Ut  to  the  vote,  the  motion  was  carried,  and  the 
"deposit"  clause  struck  from  the  bill  by  a  vote 
of  20  to  19.    The  yeas  and  nays  were : 

"Yeas — Messrs.  Benton,  Black,  Brown,  Cuth- 
bert.  Ewing  of  Illinois,  Fulton,  Grundy,  Hub- 
bard, K  ing  of  Alabama,  King  of  Georgia,  Linn, 
Lyon,  Nicholas,  Niles,  Norvell,  Page,  Parker, 
Rives,  Ruggles,  Sevier,  Strange,  Tallmadgc, 
Walker,  Wall,  Wright— 26. 

"  Nays — Messrs.  Bayard,  Calhoun,  Clayton, 
Crittenden,  Davis,  Ewing  of  Ohio,  Hendricks, 
Kent,  Knight,  Moore,  Prentiss,  Preston,  Rob- 
bins,  Southard,  Spence,  Swift,  Tomlinson,  Web- 
ster, White— 19." 

Being  returned  to  the  House,  a  motion  was 
made  to  disagree  to  the  Senate's  amendment, 
and  argued  with  great  warmth  on  each  side,  the 
opponents  to  the  "deposit"  reminding  its  friends 


712 


TIllkTV  YKAUS'  VI KW. 


■-•r.  "'^ 


of  the  loss  of  11  previous  appiopiiatioii  bill  for 
furtiKcutioiis ;  uiul  wtiniing  tlium  that  tiicir  {)cr- 
fii'vernnce  muft  now  Imvo  the  same  elU-ct.  aiul 
operate  a  sacrilifo  >i'  <iefcnco  to  the  spirit  of  dis- 
tributioii :  but  all  iu  vain.    The  motion  to  dis- 
agree was  carried — 1 10  to  1)4,     The  disputed 
elanse  tlien  went  throujih  all  the  parliamentary 
forms  known  to  the  occasion.     The  Senate  "  in- 
ei8ted"on  itsanie'.dn'-  At:  amotion  to"reeede" 
was  made  and  lost  <n  the  House :  a  motion  to 
"a<lhere"wa«  made,  and  juvvailed :    then  the 
Sennto  "a('!ieivd":  then  a  committee  of  '"eon- 
ference"  was  appi)inted,  and  they  '•  disaf^ned," 
This  bein};  reporlid  to  the  Houses,  the  bill  (ell — 
the  fortilieation  ai)propriatiiuis  were  lost :  and  in 
this    lin-ct  issue  In'tween  tlie  plunder  of  the 
ooun*  y,  and  the  defence  of  tlie  country,  (KTince 
was  beaten.     JSuch  was  the  di  ploiabic  piogivss 
which  the  spiru  of  distribution  had  made. 


OHAPTKU    CLVII. 

MII.ITAUY  A('AI>'.:MY:   ITS  ItlDlNO-IIOUSE. 

TiiK  annual  appropriation  bill  for  the  support  of 
this  Academy  contained  a  chuise  for  the  pun  base 
•)f  forty  horsos,  "  for  in>tructiou  in  lijiht  artil- 
lery and  cavalry  txercise  ;"  and  p'o|)osed  ten 
thousand  dolhus  for  tlie  purpose.  This  purchase 
was  opposed,  and  tiie  clause  strick.-ii  out.  The 
bill  also  contained  a  clause  projKisiiif;  thirty 
thousand  dollars,  in  addition  to  the  amount 
theretofore  appropriated,  for  the  crx-ction  of  a 
building  for  "recitation  and  military  exercises," 
as  the  clau,jc  expivssed  itself.  It  was  undcr- 
Dtood  to  be  for  the  riding-house  in  ba<l  weather, 
Mr.  I^fcKay,  C'f  Xorth  Carolina,  moved  to  strike 
out  tne  clause,  upon  t'le  ground  tlutt  military  men 
ought  to  Ik*  inuivd  to  hardship,  not  panificivd 
In  effeminaoy  ;  and  that,  as  war  was  carried  on 
in  tie  9"ld,  .">  young  olllc  ts  should  be  learned 
to  ride  in  the  ojkmi  air,  and  on  rough  ground, 
and  to  be  afraid  of  no  weather.  Tlie  clause  was 
stricken  out.  but  restored  upon  re-consideration; 
iu  opposition  to  wl-i'  b  Mr.  Smith,  of  Maine,  was 
the  principal  sfR'aker- ;  and  said : 

"  I  l)og  leave  to  call  the  attentifm  of  the  com- 
mittee to  the  paragraph  of  this  bill  proposed  to 
be  stricken  out.  It  is  an  a])propriationof  thirty 
thousand  dollars,  in  addition  to  the  .....  "int  .-.',■ 
ready  approprinted,  for  the  erection  of  u  build- 
ing within  which  to  exercise  and  drill  the  cadets 


at  West  Point.  The  gentleman  from  Pennsyl- 
'rviiia  [Mr  liigei'soll]  who  reported  (his  bill,  and 
who  nt  ver  engages  hunself  in  any  sid)ject  with- 
out making  himself  entire  master  of  all  its  parts, 
will  do  the  committee  the  justice,  I  tnisf,  to 
inform  them,  when  he  shall  next  take  the  floor, 
what  till-  amoimt  heretofore  appropriated  for 
this  same  buil(!iiig,  in  which  to  exeidse  the  vn- 
dets,  a<'tiuilly  has  been ;  that,  if  we  decide  on 
the  propi'iety  of  having  such  a  building,  we  may 
:ds(j  know  how  nnich  we  luiic  heretofore  Uih  • 
fiom  the  public  Treasury  for  its  erection,  and 
to  w  hat  sum  the  thirty  thousand  dollars  now- 
proposed  wi'd  be  an  addition. 

'"  The  honorable  gentleman  from  New-York 
[Mr.  C'ambreleng]  says  this  proposed  building 
IS  to  protc'ct  the  cadets  during  the  inclemency 
of  the  winter  season,  when  the  snow  is  from  two 
to  six  feet  deep ;  and  has  m-ged  npon  the  coni- 
nuttee  the  extreme  hardship  of  requiring  the 
cadets  to  |)erfonn  their  exercises  in  the  open  air 
in  such  an  inclement  and  cold  region  as  that 
where  Wjst  I'oint  is  situated.  Sir,  if  the  gen- 
tleman would  extend  his  inqniries  somewhat 
further  North  or  East,  he  would  find  that  at 
points  wheix'  the  wintiTS  ave  .still  moiv  inclem- 
ent than  at  West  Point,  and  where  the  snow 
lies  for  m(mths  in  Miccession  from  two  to  eight 
feet  deep,  a  very  large  and  n.seful  and  respectable 
portion  of  the  citii;en8not  only  incur  the  snows 
and  storms  of  winter  by  day  without  workshops 
or  buiMings  to  protect  them,  but  actually  jiursur 
the  business  of  mtrnths  amid  such  ?t;..w;^  and 
storms,  witlu  at  a  roof,  or  board,  or  so  much  as 
a  shingle  to  cover  and  pnitect  th( m  by  cillur 
day  or  night,  and  do  not  dream  of  mutniuriii};. 
Hut,  forso.>th,  the  young  cadet  at  West  I'oint, 
who  goes  there  to  acquire  an  ecbication  li)r  liiiii- 
self.  who  is  clolhetl  and  fed,  and  even  )>ai<l  liir 
liis  time,  by  the  government  while  acquiring  lii.^ 
educatitm,  cannot  endure  the  atmosphen-  of 
West  Point,  withoiit  a  niagniticent  building  to 
shield  him  during  the  few  hours  in  the  week. 
while  iu  Mie  act  of  Ju'ing  drilled,  as  j)art  of  his 
e(hication  !  The  government  is  ealletl  upon  tn 
appropriate  thirty  thou.sand  (h)llars.  in  addition 
to  what  has  already  been  appropriated  for  the 
jturpose,  to  protect  theyonng  cadet,  who  is  jin- 
paring  to  be  a  soldier,  against  ...'s  tenqMimry 
and  yet  most  salutary  exposure,  as  I  esteem  it. 
Sir,  is  Congress  pre|)cred  thus  to  pam|Kr  tlio 
elieminacy  of  these  jomig  penllenien,  at  such 
an  expense,  too,  ujMm  the  public  Treasury  ?  Is 
it  not  enough  to  educate  them  for  nothing,  aad 
to  ])ay  them  for  tlieir  time  while  you  urv  edmat- 
iug  them,  and  that  you  provide  for  their  comfort  ■ 
able  sjibsistcncc,  comfortable  lodgings,  and  all 
the  ordinary  comforts,  not  to  say  numerous 
luxuries  of  life,  witliout  attempting  to  kcepUieia 
for  ever  within  doors,  to  Ik<  raised  like  children  i 
I  i>.m  ojjposed  to  it ;  and  I  think,  whenever  tlie 
iM'oi'le  of  this  nati<^n  shall  Iw  made  accpiaiiitnl 
with  the  fiu't,  they  t(X)  will  V»o  opposed  to  it. 

"  The  gi'iitleman  from  New- York  says  the  ex- 
posure of  the  cadets  is  very  great  and  that, 


''-^•^ 


ANNO  1836.    ANDREW  JACKSON,  PRMSIDF.NT. 


713 


,lf  entire  FmvsUT..f«  I  ^^^Pir^ 

,  iUce  the  jUKlice  1  tn.s  ,  to 

he  shall  next  t«kc-tlo  lour 

iin  which  to  txoit;.sctl.e  c«- 

\oen;  that,ir  wc  declc  on 

„Sps«chalu.il.hn|r,wo.".w 

ichwehnveheretofoixjtuk.  . 

Civiury  for  its  ercctu...,  an-l 

0  tSy  thousand  dollars  now 

r.'^tran  ft.>m  New-York 

IsCthiH  ,,ro,,o=^V'M""     ""^ 
^.aSsdurinp  themcle«>cmy 

,r.\vlu-n  the  snow  i«  from  two 

adhasuvpednponthccom- 

l-emc  hardship  of  requmuK  the 

I  -„.i  rnld  rccion  as  that 
cmcnt  and  cflKi  ^      the  u'cn- 

rXtcrsft'-e^till"'"'-^;'"^'™- 

"tront.a"^^^*'^'''^^"'"?; 
in  Ku^esMon  from  two  U.  e.iiljt 

.f  months  amid  H>cn  ...  " 

ft  aTof  or  h..ard,  or  so  murh  «^ 

X  « St  at  W.st   l'.M. 

1  to  ao  Hire  an  education  lor  lu  u- 
,ther«ndfed,andeven,.aulUr 
Kovc^innKM.t'whilemqn,rn,pl^ 
'  ♦  .....hire  the  atnu)si)hen>  ol 
''SMa'ma;niti.entljjiUlin^ 

.„,„  the  few  hours  m  the  mk^ 
lot  of  UMnK  drilled,  as  part  of  hb 
Ke  pSment  is  called  upon  ^. 
',Syth.."sand  dollars  u.add.tum 

fflyhcenapproprmteOr   h 
^lluit'theyoungcadcMvho;.^^^^^ 
ft  Mddier,  apamst  -■'8/2^;i, 
salutary  exposure,  as  I  «^^t^  «■'"."' 

nr  t  licir  time  while  you  .>re  idmn 
,;,l,H,r.,t..«r.«^lJj_^„,t. 

„„.y,.».j;ii«»ir--.'i,.,. 


among  other  (hities,  they  are  required  to  per- 
fonr  camp  duties  for  thi-ee  mouths  in  the  year. 
It  is  true,  sir,  that  the  law  of  Connress  imposes 
tiivec  months'  camp  duly  upon  tlie  cadet.     Hut 
Uie  same  tender  spirit  of  p^uardiunsliip  wliich  has 
PUf-'iiestc.^  the  exijedicncy  of  honsiug  the  cadets 
from  the  atmospliere  while  jH-i-formin^  their  drill 
duties  and  exercises  1ms  in  some  way  construed 
away  one  third  of  the  law  of  Conjrress  upon  this 
suhjeet ;  and,  instead  of  three  months'  ctunp  duty, 
as  tlic  law  requires,  the  carlets  are  required,l)y  the 
nden  and  repdations  of  the  institution,  to  camp 
oiit  only  two  months  of  the  year;  and  for  this 
purpose,  sir,  every  species  of  camp  utensils  and 
ciunp  furniture  that  noverrmentnumeycan  pur- 
chase is  pr<)vided  for  them  ;  and  this  same  duty, 
thus  pictiM-ed  forth  here  hy  the  pentlemnn  from 
New- York  as  a  severe  hardship,  is  in  fact  so  tem- 
jiered  to  the  cadets  as  to  hi-come  a  mere  luxury — a 
matter  of  ahsohite  preference  amonp;  the  cadets. 
The  Rentlem-n  from  New- York  will  find,  hy  the 
ndes    and    repilationa  of   the  Academy,  the 
months  of  July  and  Atipist,  or  of  August  and 
3epte!nl)er,   are  selected  for  this  camp  duty : 
seasons  of  the  year,  sir,  when  it  is  ahsohitely 
a  luxury  and  privilege  for  the  catlets  to  leave 
their  cIo>;e  quarters  and  confined  rooms,  to  per- 
form duty  out  door,  and  to  s|)end  the  nights  in 
their  well-furnished  cain{)S.     Sir,  the  hardships 
ami  exposuix's  of  the  cadets  ait;  nothing  com- 
pared with  those  of  the  generality  of  (,ur  fellow- 
citizens  in  the  North,  in  their  onlinary  pursuits; 
and  y'!t  we  are  called  upon  to  add  to  their  luxu- 
ries— two   hundred  and  fifty  dollar  horses  to 
ride,  splendid  camp  e<puitago  to  protect  the»n 
froiu  the  dews  and  damp  air  of  summer,  and 
mii;.'nilicent  huildings  to  shield  theju  in  their 
winter  exercises.     I  think  it  is  liigh  time  for 
Ctinga'ss,  and  for  the  jn'ople  of  this  nation,  to 
nllect  seriously  upon  these  nuitters,  and  to  in- 
quire with  somewhat  of  particularity  into  the 
cliaiwter  of  this  institution. 

"  Hut  the  hononihle  gentleman  from  Pennsyl- 
vania (Mr.  Ingersoll).  has  volunteered  to  put 
the  reputation  of  the  West  Point  Academy  for 
iiiorality  in  issue  at  this  time,  and  sets  it  out  in 
eloquent  description,  lus  pre  enunently  pure  and 
irreproachable  in  this  respect. 

"  Sir,  does  not  the  honorahlt  gentleman  know 
that  the  history  tif  thisinstitutiim,  within  a  few 
years  hack  only,  iK'ars  quite  diflerent  testimony 
iiimn  this  sidyect?  Does  not  the  gentleman 
know  the  fact— a  fact  well  substantia  ed  hy  the 
Riirister  of  Delmtes  in  your  library — that  oidy 
I  few  years  since  the  govenunent  was  forced 
into  the  necessity  of  purchasing  up,  at  an  ex- 
ptii!-e  of  ten  thousand  dollars,  a  neighboring 
lavorn  stanil,  is  the  oidy  means  of  saving  the 
iiiftitution  from  la'ing  overwhelmed  and  ruined 
\>\  the  gross  immoralities  of  the  cadets  ?  Is  not 
the  gentleman  aware  that  the  whole  argument 
urped  to  force  and  justify  the  government  into 
this  purchase  was,  that  the  moral  power  of  the 
1  .\caiieniy  was  unequal  to  the  counter  iuiluences 
of  the  neighboring  tavern »    And  arc  wu  to  bu 


told,  sir,  that  this  institution  stands  forth  in  its 
history  pre-eminently  pure,  aiul  above  coni- 
l)arison  with  the  institutions  that  exist  upon 
the  private  enterprise  and  numificence,  and 
thirst  for  knowledge,  that  characterize  our 
countrymen?  I  nuike  these  suggestions,  and 
allude  to  these  facts,  not  voluntarily,  and  from 
a  wish  to  create  a  diseuHsion  upon  either  tho 
merits  or  demerits  of  the  Academy.  \Vben  I 
made  the  proi>osition  to  strike  from  this  bill 
the  ten  thousand  dollars  proposed  to  l)c  appro- 
{>riated  for  the  purchase  of  horses,  I  neither  in- 
teded  .<or  desired  to  enter  into  a  discussion  of 
the  institution.  I  have  not  now  spoken,  except 
upon  the  impulse  given  by  the  remarks  of 
the  gentlemen  from  New- York  and  Pensyl- 
vania ;  and  now,  instead  of  going  into  the  facts 
that  do  exist  in  relation  to  the  Academy,  I  can 
assuit)  gentlemen  that  I  have  but  scarcely  ap- 
proached them.  I  have  been  willing,  and  am 
now  willing,  to  have  these  facts  brought  to  light 
at  anottier  time,  and  upon  a  projKT  occasion 
that  will  occur  hereafter,  and  leave  the  pectplo 
of  this  uation  to  judge  of  them  dispassionately. 
A  report  upon  the  subject  of  this  institution 
will  \>c  made  shortly,  as  the  honryrable  gentle- 
man from  Kentucky  (Mr.  Ilawes)  hiw  assured 
the  house.  From  that  report,  all  will  be  able  to 
form  an  opinion  as  to  the  policy  of  the  institu- 
tion in  its  present  shajie  and  tuider  its  pr-esent 
discipline.  That  some  grave  objections  exist  to 
both  its  shape  and  discipline,  I  think  all  will 
agive.  But  I  wish  not  to  discuss  either  at  this 
time.  lict  us  know,  however,  and  let  the  («uu- 
try  know,  something  alH)ut  the  expensive  build- 
ings now  in  progress  at  West  Pctint,  bi  lore  wc 
('(mdude  to  add  this  further  appro|)riati(in  of 
thirty  thousand  dollars  to  the  exjienses  of  the 
institution;  and,  while  I  am  up,  I  will  call  tho 
attention  of  tho  honondde  gentleman  who  re- 
is)rted  this  bill  to  another  item  in  it,  which 
embraces  forage  for  horses  among  other  matters, 
and  [  wish  him  to  sjiecify  to  the  committee  what 
pro|)ortion  of  the  sum  of  over  thirteen  thousand 
dollars  contiiined  in  this  iti'm.  is  based  upon  tho 
supposed  supply  of  forage.  We  have  stricken  out 
the  appropriation  for  purchasing  horses,  and  ano- 
ther part  of  the  bill  provides  forage  for  the  of- 
ficers' horses ;  hence  a  i»ortion  of  the  item  now 
adverted  to  should  probably  be  stricken  out." 

The  ik'bate  became  spirited  and  discursive, 
grave  and  gay,  and  gave  rise  to  some  ridiculous 
suggestions,  as  that  if  it  was  necessary  to  pro- 
tect these  yotmg  officers  from  bad  weather  when 
exercising  on  horseback,  it  ought  to  bo  done  in 
no  greater  degri'e  than  young  women  are  pro- 
tected in  like  circumstances — parasols  for  tho 
sun,  innbrellas  for  rain,  and  pelisses  for  cold : 
whi<'h  it  was  insisted  would  Ik-  a  great  economy. 
On  the  other  hand  it  was  insisted  that  riding- 
bouses  were  appurteiuuit  to  the  military  colleges 
of  EuroiMj,  and  that  lino  riders  were  trained  in 


714 


THIRTY  YEARS'  VIEW. 


these  schools.    The  $30,000,  in  addition  to  pre- 
vious appropriations  for  the  same  purpose,  was 
granted  ;  but  has  been  found  to  be  insufficient ; 
and  a  late  Board  of  Visitors,  following  the  lead 
of  the   Superintendent  of  the  Academy,  and 
powerfully  backed  by  the  War  Office,  at  Wash- 
ington City,  has  earnestly  recommended  a  fur- 
ther additional  appropriation  of  $20,000,  still 
further  to  improve  the  riding-house;  on  the 
ground  that,  "  the  room  now  used  for  the  pur- 
pose is  extremely  dangerous  to  the  lives  and 
limbs  of  the  cadets."    This  further  accommoda- 
tion is  deemed  indispensable  to  the  proper  teach- 
ing of  the  art  of  "  equitation : "  that  is  to  say, 
to  the  art  of  riding  on  the  back  of  a  horse  ;  and 
the  Visitors  recommend  this  accommodation  to 
Congress,  in  the  following  pathetic  terms :  "  The 
rttcntion  of  the  committee  has  been  drawn  to 
the  consideration  of  the  expediency  of  erecting 
a  new  building  for  cavalry  exercise.    We  are 
aware  that  the  subject  has  been  before  Con- 
gress, upon  the  recommendation  of  former  boards 
of  Visitors,  and  we  cannot  add  to  the  force  of 
the  arguments  made  use  of  by  them,  in  favor 
of  the  measure.     We  would  regret  to  be  com- 
pelled to  believe  that  there  is  a  greater  indiifer- 
ence  to  the  safety  of  human  life  and  limb  in 
this  country  than  in  most  others.    It  is  enough 
for  us  to  say  that,  in  the  opinion  of  the  Super- 
intendent, the  course  of  equitation  cannot  be 
properly  taught  without  it,  *  and  that  the  room 
now  used  for  the  purpose  is  extremely  danger- 
ous to  the  lives  and  limbs  of  the  cadets.'    In 
this  opinion,  we  entirely  concur.     The  appro- 
priation required  for  the  erection   of  such  a 
building  will  amount  to  some  $20,000.    We  can 
hardly  excuse  ourselves,  if  we  neglect  to  bring 
this  subject,  so  far  as  we  are  able  to  do  so,  most 
emphatically  to  the  notice  of  those  who  have 
the  power,  and,  we  doubt  not,  the  disposition 
also,  to  remove  the  evil." 


CHAPTER   CLVIII. 

SALT  TAX:    MK.  BENTON'S  FOUETII  SPEECH 
AGAINST  IT. 

The  amount  which  this  tax  brings  into  the 
treasury  is  about  000,000  dollars,  and  that  upon 
an  article  costing  about  050,000  dollars ;  and 
one-half  of  the  tax  received  goes  to  the  fishing 
bounties  and  allowances  founded  upon  it.    So 


that  what  upon  the  record  is  a  tax  of  about  100 
per  centum,  is  in  the  reality  a  tax  of  200  per 
centum ;  and  that  upon  an  article  of  prime  ne 
cessity  and  universal  use,  while  we  have  articles 
of  luxury  and  superfluity — wines,  silks — either 
free  of  tax.  or  nominally  taxed  at  some  ten  or 
twenty  p'  »■  centum.    The  b.ire  statement  of  the 
case  is  :  ovolting  and  mortifying ;  but  it  is  only 
by    looking    into  the  detail  of   the  tax — its 
amount  upon  different  varieties  of  salt — its  ef- 
fect upon  the  trade  and  sale  of  the  articl"— upon 
its  importation  and  use — and  the  consequences 
upon  the  agriculture  of  the  country,  for  want 
of  adequate  supplies  of  salt — that  the  weight 
of  the  tax,  and  the  disastrous  effects  of  its  im- 
position, can  be  ascertained.     To  enable  the 
Senate  to  judge  of  these  effects  and  consequca- 
ces,  and  to  render  my  remarks  more  intelligible 
I  will  read  a  table  of  the  importation  of  salt 
for  the  year  1835 — the  last  that  has  biicn  made 
up — and  which  is  known  to  be  a  fair  index  to 
the  annual  importations  for  many  years  past. 
With  the  number  of  bushels,  and  the  name  of 
the  country  from  which  the  importations  come 
will  be  given  the  value  of  each  parcel  at  the  place 
it  was  obtained,  and  the  original  cost  per  bushcL 

Statement  of  the  quantity  of  Salt  imported 
into  the  United  States  during  the  year  1835, 
with  the  value  and  cost  thereof,  per  bushel,  at 
the  place  from  which  it  was  imported : 


No.  of 

Cost 

Countrtea. 

bushels. 

p.  Iran 

Sweden  and  Norway, 

8,556 

$572 

6  34 

Swedish  West  Indies, 

0,856 

708 

101-4 

Danish  West  Indies, 

2.351 

386 

16 

Dutch  West  Indies, 

14i;566 

12,907 

9 

England,                    2,013,077  412,507 

161-2 

Ireland, 

51,954 

12,276 

Gibraltar, 

17,832 

1.385 

7  3-4 

Malta^ 

British  West  Indies, 

1,500 

118 

7  34 

959,780 

98,497 

10 

British  Am.  Colonies, 

138,593 

30,374 

France  on  Mediterra- 
nean, 

32,648 

2,155 

6  2-3 

Spain  on  Atlantic, 

360,140 

16,760 

434 

Spain  on  Mediterran., 

101,000 

5,443 

51-3 

Portugal, 

Cape  de  Vcrd  Islands, 

780,000 

55.087 

7 

8,134 

'75' 

9  1-10 

Italy, 

30,742 

1,580 

41-3 

Sicily, 

5,786 

156 

2  2-3 

Trieste, 

7,888 

255 

3  78 

Turkey, 

9.377 

984  10  MO 

Colombia, 

17,162 

1,227 

Brazil, 

250 

68 

Argentine  Republic, 

402 

41 

Africa,                           5,733 
6,735,364   ( 

615 

102-3 

555,000 

cents  ( 

lodsc^ 

I  and  Po 

I  the  Ad 

Tetal 

I  all  twe 

I  ft'nts  a 

%Iish 

I  on  tliu 

pfrom 

bidrec 


ANNO  1836.    ANDREW  JACKSON,  PRESIDENT. 


715 


,0  record  is  atax  of  about  100 
;rreaV,tyataxof200pcr 
upon  an  article  of  pnme  ne 
.^  use,  while  we  have  arUd.« 

pcrfluity-wines,  «^ks-«f  ^r 
Lally  taxed  at  some  t.n  or 
„,  The  b.re  statement  of  the 
fnd  mortifying-,  but  itMsor^y 

o  the  detail  of  the  tax  -Us 
fferent  varieties  of  sat-^ts  cf- 
deandsaleoftheartKlo-upon 
nd  use-and  the  consequences 
Uure  of  the  country  for  wan 
Lies  of  salt-that  the  wcght 
'tS  disastrous  effects  of  its  .m. 

,e  ascertained.  To  enable  the 
of  these  effects  and  consequcjy 
Lr  my  remarks  more  intelhg.blc 
Sle  of  the  importation  of  saU 
gVthe  last  that  has  been  made 
ffsknowntobeafairmdexto 

'  ^rtations  for  many  years  past 
Sr  of  bushels,  and  the  name  of 

™1  which  the  importations  co™, 

Xvalueofeachparcclattheplacj 

ed  and  theoriginal cost  per buskl 

«;  the  quantity  of  Salt  j^^^^^^ 

-tfiroit^Si^^-^^'^ 

which  it  was  imported. 

No.  of 
bushels. 

[Norway,       8,5^0      ?5T2 
'>t  Indies,      0,85b         ^^^^ 

'^",4'*="'    lit'566    12,907 
1"^"^'  2013^77  412,507 
'51954    12,270 
17,832 
1,500 
It  Indies,    959,786 
Colonies,  138,5  ja 
,ledit«rra-   32^048 

fditcrran.,  101,000 
Islands,  ^134 

5,786 

7,888 

9.377 

17,162 

250 

402 
5,733 


1.385 

118 

98,497 

30,374 

2,155 

16,760 

5,443 

55.087 

'75' 

1,580 

156 

255 


Cost 
p.  bus. 

6  34 
101-4 
10 

9 
161-2 

7  3-4 
7  34 
10 


6  2-3 

434 
51-3 
7 

9  1-10 
41-3 
•2  2-3 
3  78 


epublic, 


984  10  1-10 
1,227 
68 

41 

015    102-3 


6,735,364   655,000 


Mr.  B.  would  remark  that  salt,  being  brought 
in  ballast,  the  greatest  quantity  came  from  Eng- 
land, where  we  had  the  largest  trade  ;i  and  that 
its  importation,  with  a  tax  upon  it,  being  merely 
i;i(idcntal  to  trade,  this  greatest  quantity  came 
from  the  place  where  it  cost  most,  and  was  of 
far  inforior  kind.    The  salt  from  England  was 
nearly  one  half  of  the  wliole  quantity  imported ; 
its  cost  was  about  sixteen  cents  a  bushel ;  and 
its  quality  was  so  inferior  that  neither  in  the 
United  States,  nor  in  Great  Britain,  could  it  be 
used  for  curing  provisions,  fish,  butter,  or  any 
thing  that  required  long  keeping,  cr  exposure 
to  southern  heats.   This  wa.s  the  salt  commonly 
called  Liverpool.  It  was  made  by  artificial  heat, 
and  never  was,  and  never  can  be  made  pure,  as 
the  mere  agitation  of  the  boiling  prevents  the 
separation  of  the  biltern,  and  other  foreign  and 
poisonous  ingredients  with  which  all  salt  water, 
and  even  mineral  salt,  is  more  or  less  impregna- 
ted.   The  other  half  of  the  imported  salt  costs 
far  less  than  the  English  salt,  and  is  infinitely 
superior  to  it ;  so  far  superior  that  the  English 
salt  will  not  even  serve  for  a  substitute  in  the 
important  business  of  curing  fi.sh,  and  flesh, 
for  long  keeping,  or  southern  exposure.    This 
salt  was  made  by  the  action  of  the  sun  in  the 
latitudes  approaching,  and  under  the  tropics. 
We  begin  to  obtain  it  in  the  West  Indies,  and 
ill  large  quantity  on  Turk's  Island ;  and  get  it 
from  all  the  islands  and  coasts,  under  the  sun's 
track,  from  the  Gulf  of  Mexico  to  the  Black  Sea. 
The  Ciipe  de  Verd  Islands,  the  Atlantic  and 
Mediterranean  coasts  of  Spain  and  Portugal,  the 
Mediterranean  coast  of  France,  the  two  coasts 
of  Italy,  the  islands  in  the  Mediterranean,  the 
coasts  of  the  Adriatic,  the  Archipelago,   up 
to  the  Black  Seo^  all  produce  it  and  send  it  to 
us.    The  table  which  has  been  read  shows  that 
the  original  lost  of  this  salt — the  purest  and 
strongest  in  the  world — is  about  nine  or  ten 
cents  a  bushel  in  the  Gulf  of  Mexico ;  five,  six 
and  seven  cents  on  the  coasts  of  France,  Spain 
ind  Portugal ;  three  and  four  cents  in  Italy  and 
the  Adriatic ;  and  less  than  three  cents  in  Sicily. 
Yet  all  this  salt  bears  one  uniform  duty ;  it  was 
ill  twenty  cents  a  bushel,  and  is  now  near  ten 
cents  a  bushel ;  so  that  while  the  tax  on  the 
Euplish  salt  is  a  little  upwards  of  fifty  per  cent. 
on  the  value,  the  same  tax  on  all  the  other  salt 
is  from  one  hundred  to  two  hundred,  and  three 
hundred  and  near  four  hundred  per  cent.    The 


sun-made  salt  is  chiefly  used  in  the  Great  "West, 
in  curing  provisions;   the  Liverpool  is  chiefly 
used  en  the  Atlantic  coasts;  and  thus  the  peo- 
ple in  different  sections  of  the  Union  pay  difler- 
ent  degrees  of  tax  upon  the  same  articles,  and 
that  which  costs  least  is  taxed  most.    A  tax 
ranging  to  some  hundred  per  cent,  is  in  itself  an 
enormous  tax ;  and  thus  the  duty  collected  by 
the  federal  government  from  all  the  consumers 
of  the  sun-made  salt,  is  in  itself  excessive; 
amounting,  in  many  instances,  to  double,  treble, 
or  even  quadruple  the  original  cost  of  the  article. 
This  is  an  enormity  of  taxation  which  strikes 
the  mind  at  the  first  blush ;  but,  it  is  only  the 
beginning  of  the  enormity,  the  extent  of  which 
is  only  discoverable  in  tracing  its  effects  to  all 
their  diversified  and  injurious  consequences.   In 
the  first  place,  it  checks  and  prevents  the  im- 
portation of  the  salt.    Coming  as  ballast,  and 
not  as  an  article  of  commerce  on  which  profit  is 
to  be  made,  the  shipper  cannot  bring  it  except 
he  is  supplied  with  money  to  pay  the  duty,  or 
surrenders  it  into  the  hands  of  salt  dealers,  on 
landing,  to  go  his  security  for  the  payment  of 
the  duty.    Thus,  the  importation  of  the  article 
is  itself  checked  ;  and  this  check  operates  with 
the  greatest  force  in  all  cases  where  the  original 
price  of  the  salt  was  least ;  and,  therefore,  where 
it  operates  most  injuriously  to  the  country.  In 
all  such  cases  the  tax  operates  as  a  prohibition 
to  u.se  salt  as  ballast,  and  checks  its  importation 
from  all  the  places  of  its  production  nearest  the 
sun's  track,  from  the  Gulf  of  Mexico  to  Con- 
stantinople.   In  the  next  place,  the  imposition  of 
the  tax  throws  the  salt  into  the  hands  of  an  in- 
termediate set  of  dealers  in  the  seaports,  who 
either  advance  the  duty,  or  go  security  for  it, 
and  who  thus  become  possessed  of  nearly  all 
the  salt  which  is  imported.    A  few  persons  cm- 
ployed  in  this  business  engross  the  salt,  and  fix 
the  price  for  all  in  the  market;  and  fix  it  higher 
or  lower,  not  accoiding  to  the  cost  of  the  ar- 
ticle, but  according  to  the  necessities  of  the 
country,  and  the  quantity  on  hand,  and  the  sea- 
son of  the  year.    The  prices  at  which  they  fix 
it  are  known  to  all  purchasers,  and  may  be  seen 
in  all  prices-current.    It  is  generally,  in  the  case 
of  alum  salt,  four,  five,  ten,  or  fifteen  times  as 
much  as  it  cost.    It  is  generally  forty,  or  fifty, 
or  sixty  cents  a  bushel,  and  nearly  the  same 
price  for  all  sorts,  without  any  reference  to  the 
original  cost,  whether  it  cost  three  cents,  or  five 


716 


THIRTY  YEARS'  VIEW. 


%X^% 


cents,  or  ten  cents,  or  fifteen  cents  a  bushel. 
About  one  uniform  price  is  put  on  the  whole, 
and  the  purchaser  has  to  submit  to  the  imposi- 
tion. This  recults  from  the  effect  of  the  tax, 
throwing  the  article,  which  is  notliing  but  bal- 
last, into  the  hands  of  salt  dealers.  The  importer 
does  not  bring  more  money  than  the  salt  is 
worth,  to  pay  the  duty ;  he  docs  not  come  pre- 
pared to  pay  a  heavy  duty  on  hh  balla.st ;  he 
has  to  depend  upon  raising  the  money  for  pay- 
ing the  duty  after  ho  arrives  in  the  United 
States  ;  and  this  throws  him  into  the  hands  of 
the  salt  dealer,  and  subjects  the  country  pur- 
chaser to  all  the  fair  charges  attending  this 
change  of  hands,  and  this  establishment  of  an 
intermediate  dealer,  who  must  have  his  profits  ; 
and  also  to  all  the  additional  exactions  which 
he  may  choose  to  make.  This  should  not  be. 
There  should  be  no  costs,  nor  charges,  nor  in- 
termediate profits,  on  such  an  article  as  salt.  It 
comes  as  ballast ;  as  ballast  it  should  be  handed 
out — should  be  handed  from  the  ship  to  the 
steamboat — should  escape  port  charges,  and  in- 
termediate profits — and  this  would  be  the  case, 
if  the  duty  was  abolished.  Thus  the  charges, 
costs,  profits,  and  exactions,  in  consequence  of 
the  tax,  arc  greater  than  the  tax  itself!  But 
this  is  not  all — a  further  injury,  resulting  from 
the  tax,  is  yet  to  be  inflicted  tipon  the  consumer. 
It  is  well  known  tliat  the  measured  bushel  of 
alum  salt,  and  all  sun-made  salt  is  alum  salt — 
it  is  well  known  that  a  bushel  of  this  salt  weighs 
about  eighty-four  pounds;  yet  the  custom-house 
bushel  goes  by  weight,  and  not  by  measure,  and 
fifty-six  pounds  is  there  the  bushel.  Thus  the 
consumer,  in  consequence  of  having  the  salt  sent 
through  the  custom-house,  is  shifted  from  the 
measured  to  the  weighed  bushel,  and  loses 
twenty-eight  pounds  by  the  operation  I  but  this 
is  not  his  whole  loss;  the  intermediate  salt 
dealer  deducts  six  pounds  more,  and  gives  fifty 
pounds  for  the  bushel ;  and  thus  this  taxed  and 
custom-housed  artfcle,  after  pnj'iiig  some  hun- 
dred per  cent,  to  the  government  and  several 
hundred  per  cent,  more  to  the  regraters,  «s 
worked  into  a  loss  of  thirty-four  pounds  on  every 
bushel !  All  these  losses  and  imiwsitions  would 
vanish,  if  salt  was  freed  from  the  necessity  of 
passing  the  custom-houses ;  and  to  do  that,  it 
must  Ijc  freed  in  toto  from  taxation.  The  slight- 
est duty  would  operate  nearly  the  whole  mis- 
chief, for  it  would  throw  the  article  into  the 


hands  of  regraters,  and  would  substitute  tho 
weighed  for  the  measured  bushel. 

Such  are  the  direct  injuries  of  the  salt  tax ; 
a  tax  enormous  in  itself,  disproportionate  in  its 
application  to  the  same  article  in  different  pni  ts 
of  the  Union,  and  bearing  hardest  upon  tli.it 
kind  which  is  cheapest,  best,  and  most  indis- 
pensable. The  levy  to  the  government  is  enor- 
mous, $050,000  per  annum  upon  an  article  onlv 
worth  about  5iCOO,000 ;  but  what  tho  goviru- 
ment  receives  is  a  trifle,  compared  to  wliat  is 
exacted  by  the  regrater, — what  is  lost  in  tliu 
difference  between  the  weighed  and  the  mea- 
sured bushel, — and  the  loss  which  the  farniiT 
sustains  for  want  of  adequate  supplies  of  salt  for 
his  stock,  and  their  food.  Assuming  tlic  ^rov- 
ernment  tax  to  be  ten  cents  a  bushel,  the  uwr- 
age  cost  of  alum  salt  to  be  seven  cents,  and  the 
rcgrater's  price  to  be  fifty  cents,  and  it  is  clear 
that  he  receives  upwards  of  three  times  as  much 
as  the  government  does ;  and  that  the  tribute 
to  those  regraters  is  near  two  millions  of  dollars 
per  annum.  Assuming  again  that  thirty-four 
pounds  in  the  bushel  are  lost  to  the  consumer 
in  the  stibstitution  of  the  weighed  for  the  mea- 
sured bushel,  and  here  is  another  loss  amount- 
ing to  nearly  three-eighths  of  the  value  of  tin. 
salt ;  that  is  to  say,  to  about  $250,000  on  an 
importation  of  $050,000  worth. 

These  detailed  views  of  the  operation  and 
effects  of  the  salt  duty,  continued  Mr.  B.,  pjaa' 
the  burdens  of  that  tax  in  the  most  odious  ami 
revolting  I'ght ;  but  the  picture  is  not  yet  com- 
plete; two  other  features  are  to  be  introduced 
into  it,  each  of  which,  separately,  and  still  more, 
both  put  together,  go  far  to  double  its  enormity, 
and  to  carry  the  Iniquity  of  such  a  tax  up  to  the 
very  verge  of  criminality  and  sinfulness.  The 
first  of  these  features  is,  in  the  loss  which  the 
farmers  sustain  for  want  v(  adequate  suppliij 
of  salt  for  their  stock ;  and  the  second,  fruiu 
the  fact  that  the  duty  is  a  one-sided  tax.  king 
imposed  only  on  some  sections  of  the  riiiiin, 
and  not  at  all  upon  another  section  of  tlie 
Union.  A  few  details  will  verify  these  addi- 
tional features.  First,  as  to  the  loss  which  the 
country  sustains  fc  want  of  adequate  supplies 
of  salt.  Ever}'  practical  man  knows  that  every 
description  of  stock  requires  salt — hogs,  horses, 
cattle,  sheep;  and  that  all  tho  prepared  food 
of  cattle  requires  it  also— hay,  fotlder,  clover, 
shucks,  Sic.    In  England  it  is  ascertained,  by  j 


ANNO  IBZl.    ANDREW  JACKSON,  PRESIDENT. 


717 


s,  and  would  substitute  tho 

le'asurcd  bushel. 

rect  injuries  of  the  Bait  tax; 

.itself,  disproportiouatcm;. 
«ame  article  in  diifcrent  parts 
d  bearing  hardest  upon  thut 
.eapest,  best,  and  most  m.i.s- 
eJ  to  the  government  IS  en..r- 

,cr  annum  upon  an  article  only 
WOOO  ;  but  what  the  P-mTu- 
,  a  trifle,  compared  to  what  ,3 

regrater,-what  is  lost  m  th« 
^n  the  weighed  and  the  me»- 

.and  the  loss  which  the  <^»;"- 
U  of  adequate  supplies  of  salt  for 

their  food.     Assuming  the  ^ov- 
be  ten  cents  a  bushel,  the... - 
m  salt  to  be  seven  cents  -rndtk 
cto  be  fifty  cents,  and  It  IS  clear 
,8  upwards  of  three  times  as  much 
.„,ent  does;  and  that  the  tnbute 
t!rs  is  near  two  millions  of  dolk. 
Assuming  again  thuth.rty-fo«r 
bushel  an.  lost  to  the  consumer 
„tl  of  the  weighed  for  the  nua- 
and  here  is  another  loss  a.noum- 
U,ree-eighth9  of  the  value  of  tl. 
to  say,  to  about  $250,000  on  au 

rSs^t  operation.. 
^^u;U,contin«eaMr.«.,vI- 
of  that  tax  in  the  most  od.ous  ami 
.  but  the  picture  is  not  yet  con. 
O^er  features  are  to  be  mtroducd 
of\vhich,  separately,  and  st,lln>oa.. 
ether  go  far  to  double  its  enornu), 
&"ityofs"chatax«pto  .0 
f  criminality  and  sinfulness,     k 
'    flt«re8is,inthelosswh.chhe 

ain  for  want  vi  adequate  supyks 
heir  stock-,  and  the  second  from 

,  the  duty  i«'^«"«-^"^'^'^''^™' 
;';  some  sections  of  the  In.. 

fall  upon  another  section  of  k 

I:;  dcSilB  will  verify  these  ad  - 

]Z     First,  as  to  the  loss  winch  h 

a  ns  ft"  want  of  adequate  .upphc 

"lactical  man  knows  that  every 

/st'ock  requires  salt-hogs,  »^o,^; 
I^TwrnV^tTsascertaiueOy 


experience,  that  sheep  require,  each,  half  a 
pound  a  week,  which  is  twenty-eight  pounds, 
or  half  a  cuetom-house  bushel,  per  annum ;  cows 
require  a  bushel  and  a  half  per  annum ;  young 
cattle  a  bushel;  draught  horses,  and  draught 
cattle,  a  bushel ;  colts,  and  young  cattle,  from 
tlirce  pecks  to  a  bushel  each,  per  annum ;  and 
it  was  computed  in  England,  before  the  aboli- 
tion of  the  salt-tax  there,  that  the  stock  of  the 
English  farmers,  for  want  of  adequate  supplies 
of  salt,  wa.s  injured  to  an  annual  amounv,  far  be- 
yond the  product  of  the  tax. 

Dr.  Young,  before  a  committee  of  the  Brit- 
ish Ilouse  of  Commons,  and  upon  oath,  testi- 
fied to  his  belief  that  the  use  of  salt  free  of 
tax  would  benefit  tho  agricultural  interest,  in 
the  increased  value  of  their   stock  alone,   to 
the  annual  amount  of  three  millions  sterling, 
near  fifteen  millions  of  dollars.    Such  was  the 
injury  of  the  salt-tax  in  England  to  the  agri- 
cultural interest  in  the  single  article  of  stock. 
What  the  injurj'  might  be  to  the  agricultu- 
ral interest  in  the  United  States  on  the  same 
article,  on  account  of  the  stinted  use  of  salt 
occasioned  by  tho  tax,  might  be  vaguely  con- 
ceived  from   general    observation    and   a  few 
established   facts.     In  the  first  place,  it  was 
known  to  every  body  that  stock  in  our  country 
was  stinted  for  salt ;  that  neither  hogs,  horses, 
c.^ttle,  or  sheep,  received  any  thing  near  the 
quantity  found  by  exi^rience  to  be  necessary 
in  England ;  and,  as  for  their  food,  that  little  or 
uo  salt  was  put  upon  it  in  the  United  States  ; 
while  in  England,  ten  or  fifteen  pounds  of  salt 
to  the  ton  of  hay,  clover,  &c.  was  used  in  curing 
it.    Taking  a  single  branch  of  the  stock  of  the 
United  States,  that  of  sheep,  and  more  decided 
evidence  of  the  deplorable  deficiency  of  salt  can- 
not be  produced.   The  sheep  in  the  United  States 
were  computed  by  the  wqol-growers,  in  1832,  in 
tlieir  petitions  to  Congress,  at  twenty  millions ; 
this  number,  at  half  a  bushel  each,  would  re- 
quire about  ten  millions  of  bushels  ;  now  the 
Thol"  supply  of  salt  in  the  United  States,  both 
home-made  and  imported,  barely  exceeds  ten 
millions  ;  so  that,  if  the  sheep  received  an  ade- 
quate supply,  there  would  not  remain  a  pound 
{"r  any  other  purpose !    Of  course,  the  sheep 
did  not  receive  an  adequate  supply,  nor  jwrhaps 
the  fourth  part  of  what  was  necessary  ;  and  so 
of  all  other  stock.    To  give  an  opinion  of  the 
total  loss  to  the  agricultural  interest  in  the 


United  States  for  want  of  the  free  use  of  this 
article,  would  require  the  minute,  comprehen- 
sive, sagacious,  and  peculiar  turn  of  mind  of 
Dr.  Young ;  but  it  may  be  sufficient  for  the  ar- 
gument, and  for  all  practical  purposes,  to  assume 
that  our  loss,  in  proportion  to  the  number  of 
our  stock,  is  greater  than  that  of  the  English 
farmers,  and  amounts  to  fifteen  or  twenty  times 
the  value  of  the  tax  itself  1 


CHAPTER    CLIX. 

KXPUNQINO  EESOLt^TION-PEEPAUATION  FOE 
DECISION. 

It  was  now  the  last  session  of  the  last  term  of 
the  presidency  of  General  Jackson,  and  the  work 
of  the  American  Senate  doing  justice  to  itself  by 
undoing  the  wrong  which  it  had  done  to  itself 
in  its  condemnation  of  the  President,  was  at 
hand.    The  appeal  to  the  people  had  produced 
its  full  effect ;  and,  in  less  time  than  had  been 
expected.    Confident  from  the  beginning  in  the 
verdict  of  the  people,  the  author  of  the  move- 
ment had  not  counted  upon  its  deliveiy  until 
several  years — probably  until  after  the  retire- 
ment of  Generel  Jackson,  and  until  the  subsi- 
dence of  the  passions  which  usually  pursue  a 
public  man  while  he  remains  on  the  stage  of 
action.    Contrary  to  all  expectation,  the  public 
mind  was  made  up  in  less  than  three  years,  and 
before  the  termination  of  that  second  adminis- 
tration which  was  half  nin  when  the  sentence 
of  condemnation  was  passed.   At  the  commence- 
ment of  this  session,  183C-'37,  the  public  voice 
had  come  in,  and  in  an  imperative  form.    A 
majority  of  the  States  had  acted  decisively  on 
tho  subject — some  superseding  their  senators 
at  the  end  of  their  terms  who  had  given  the 
obnoxious  vote,  and  replacing  them  by  those 
who  would  expunge  it ;  others  sending  legisla- 
tive instructions  to  their  senators,  which  carried 
along  with  them,  in  the  democratic  States,  tho 
obligation  of  obedience  or  resignation ;  and  of 
which  it  was  known  there  were  enough  to  obey 
to  accomplish  the  desired  expurgation.     Great 
was  the  number  superseded,  or  forced  to  resign. 
The  great  leaders,  Mr.  Clay,  Mr.  Webster,  Mr. 
Calhoun,  easily  maintained  themselves  in  their 


718 


THIRTY  YEARS'  VIEW. 


reppcctivc  States;  but  tho mortality  fell  heavily 
upon  their  followers,  and  left  them  in  a  helpless 
minorit;:.  The  time  had  come  for  action ;  and 
on  tlic  f  econd  day  after  tho  meotinj;  of  the  Sen- 
ate, Mr.  Benton  gate  notice  of  his  intention  to 
brinf»  in  at  an  early  period  the  imwelcome  reso- 
lution, xnd  to  press  it  to  a  decision,  Heretofore 
he  had  introdiiccd  it  without  any  view  to  action, 
but  nici'cly  for  an  occasion  for  ii  speech,  to  go  to 
the  pconlc;  but  the  opposition,  exulting  in  their 
strength,  would  of  themselves  call  it  up,  against 
the  wishes  of  the  mover,  to  receive  the  rejection 
which  they  were  able  to  give  it.  Now  these 
dispositions  were  reversed  ;  the  mover  was  for 
decision — they  for  staving  it  off.  On  the  2Cth 
day  of  December — the  third  anniversary  of  the 
day  on  which  Mr.  Clay  had  moved  the  condem- 
natory resolution — Mr.  Benton  laid  upon  the 
table  the  resolve  to  expunge  it — followed  by 
his  third  and  last  speech  on  the  subject.  The 
following  is  the  resolution ;  the  speech  consti- 
tutes the  next  chapter: 

"Jfpmilution  to  expunsre  from  the  Journal  the 
ItesdhUum  of  the  Senate  of  March  28,  1834, 
ill  relation  to  President  Jackson  and  the 
liemoral  of  the  Deposits. 

"  AVhcroas.  on  the  20th  day  of  December,  in 
the  year  1833,  the  following  resolve  was  moved 
in  the  Senate : 

''  ^Resoliml,  That,  by  dismissing  the  late  Secre- 
tary of  the  Treasury,  because  he  would  not, 
contrary  to  his  own  sense  of  duty,  remove  the 
money  of  the  United  States  in  deposit  with  the 
Bank  of  the  United  States  and  its  branches,  in 
confoiTOity  with  the  President's  opinion,  and  by 
appointing  his  successor  to  effect  such  removal, 
which  has  been  done,  the  President  has  assumed 
the  exercise  of  a  power  over  the  Treasury  of  the 
I'nitcd  States,  not  granted  him  by  the  Constitu- 
tion and  kws,  and  dangerous  to  the  liberties  of 
the  people.' 

"  Which  proposed  resolve  was  altered  and 
changed  by  the  mover  thereof,  on  the  28th  day 
of  Jlarch,  in  the  year  1834,  so  as  to  read  as 
follows : 

" '  /i'esohcrl,  That,  in  taking  upon  himself  the 
responsibility  of  removing  the  deposit  of  the 
pablic  money  from  tho  Bank  of  the  United 
States,  the  President  of  the  United  States  has 
assumed  the  exercise  of  a  power  over  the  Trea- 
sury of  the  United  States  not  granted  to  him 
by  the  constitution  and  laws,  and  dangerous  to 
the  liberties  of  the  people.' 

"  Which  resolve,  so  changed  and  modified  bv 
the  mover  thereof,  on  the  same  day  and  year 
last  mentirined,  was  further  altered,  so  as  tc  read 
in  these  words : 

"  '"Iteaolced^  That  the  President,  in  the  late 


executive  proceedings  in  relation  to  the  revenue 
has  assumed  upon  himself  authority  and  powci 
not  conferred  by  the  constitution  and  laws,  but 
in  derogation  of  both : ' 

"  In  which  last  mentioned  form  the  said  re- 
solve, on  the  same  day  and  year  last  mentioned, 
was  adopted  by  the  Senate,  and  became  the  act 
and  judgment  of  that  body,  and.  as  such,  now 
remains  upon  the  journal  thereof: 

"And  whereas  the  said  resolve  was  not  warrant- 
ed by  the  constitution,  and  was  irregularly  and 
illegally  adopted  by  the  Senate,  in  violation  of 
the  rights  of  defence  which  belong  to  every 
citizen,  and  in  subversion  of  the  fundamental 
principles  of  law  and  justice ;  became  President 
Jackson  was  thereby  adjudged  and  pronouiireil 
to  be  guilty  of  an  impeachable  ofrence,  and  a 
stigma  placed  upon  him  as  a  violator  of  his  oath 
of  office,  and  of  the  laws  and  constitution  which 
he  was  sworn  to  preserve,  protect,  and  (leftiid 
without  going  through  the  forms  of  an  impeach- 
ment, ami  without  allowing  to  him  the  benefits 
of  a  trial,  or  the  means  of  defence : 

"And  whereas  the  said  resolve,  in  all  its 
various  shapes  and  forms,  was  unfounded  and 
crr.m'^ous  in  point  of  fact,  and  therefore  unjust 
and  unrighteous,  as  well  as  irregular  and  unau- 
thorized by  the  constitution ;  because,  the  said 
President  Jackson  neither  in  the  act  of  dismiss- 
ing Mr.  Duane,  nor  in  the  appointment  of  Mr. 
Taney,  as  specified  in  t}!f>  first  form  of  the  re- 
solve ;  nor  in  taking  upon  himself  the  responsi- 
bility of  removing  the  deposits,  as  specified  in 
the  second  form  of  the  same  resolve ;  nor  in  any 
act  which  was  then,  or  can  now,  be  specified 
under  the  vague  and  ambiguous  terms  of  tiie 
general  denunciation  contained  in  the  tliird  and 
last  form  of  the  resolve,  did  do  or  commit  any 
act  in  violation  or  in  derogation  of  the  laws  and 
constitution ;  or  dangerous  to  the  liberties  of  tlie 
people : 

"And  whereas  the  said  resolve,  as  adopted.  wa.s 
uncertain  and  ambiguous,  containing  notliing  !mt 
a  loose  and  floating  charge  for  derogating  from  tlie 
laws  and  constitution,  and  assuming  luigrantwl 
power  and  authority  in  the  late  executive  procwd- 
ings  in  relation  to  the  public  revenue;  icHhmil 
specifying  what  part  of  the  executive  proceed- 
ings, or  what  part  of  the  public  revenue  was  in- 
tended to  be  referreil  to ;  or  what  parts  of  tlic 
laws  and  constitution  were  suppo.-sed  to  hare 
been  infringed ;  or  in  what  part  of  tlie  Union, 
or  at  what  period  of  his  administration,  these 
late  proceedings  were  supposed  to  have  taiion 
place ;  thereby  putting  each  senator  at  lilierty 
to  vote  in  favor  of  the  resolve  upon  a  separate 
and  .secret  reason  of  his  own,  and  leaviii);  the 
ground  of  the  Senate's  judgment  to  be  pucsse<l 
at  by  the  public,  and  to  be  ditt'eivntiy  and  di- 
ver.sely  interpreted  by  individual  seiiatoi's,  ao- 
cording  to  the  private  and  particular  iimkr- 
standing  of  each :  contrary  to  all  the  ends  of 
justice,  and  to  all  the  forms  uf  legal  or  judicial 
proceeding;  to  the  great  prejudice  of  the  ac- 
cused, who  could  not  know  against  wlmt  to 


ANNO  1837.    ANDREW  JACKSON,  PRESIDENT. 


719 


,e^  in  relation  to  the  revenue 
himself  authority  and  powci 
he  «)n8titution  and  laws,  bul 

mentioned  form  the  said  rc- 
.  day  and  year  last  men  .oned 
he  Senate,  and  became  the  act 

that  bod>,  and,  as  such,  now 

iournal  thereof :  

li  said  resolve  was  not  warrant- 

,tion,andwa9irrcg;ilarlyand 
hv  the  Senate,  in  violation  of 
efenco  which  belonR  to  evei-y 
ubvcrsion  of  the  fundanieuta 
and  justice  jtm/u-e  Preside" 
T^by  adjudged  and  pronouure.1 

an  imiJeachablc  offence  and  a 
,Jn  bin  as  a  violator  of  his  oath 
the  laws  and  constitution  which 
o  preserve,  protect  and  dofenj, 
hvmi-htheformsofaniiiipcMch- 
SlowiuK  to  him  the  benefits 
,.  means  of  defence :      _ 
^arthe  said  resolve,  m  al  ite 
'and  forms,  was  unfounded  and 
o-mt  of  fact  and  therefore  unjust 
rL  well  ^irregular  and  iiim- 

e' institution  ;berfl«««  the. aul 
SoHeither  in  the  act  of  dismiss- 
''°or  in  the  appointment  on^ 

rJficd  in  tVo  first  form  of  the  rc- 

tSg  upon  himself  the  lespons.- 

l^J\hi  deposits  ..s  specific,  m 

n  of  the  same  resolve ;  nor  m  any 

Ithen,  orcannow,bespec.hcd 

Land  ambiguous  terms  o  the 

Stion  contained  in  the  third  and 

he  revive,  did  do  or  commit  any 

nolh;  derogation  of  the  aws  and 
Sr  dangerous  to  the  liberties  of  tlie 

cas  the  said  resolve,  as  adopted,  ms 
SK«ous,containingn..ti.n.'l,ut 
athigcharg;forderogatmKt.om  k 

s  tSn,  and  assuming  uiicrant.^1 
hortyiithelat^executivepiw- 

[m  to  the  public  revenue;  itHlmd 
'at  part  of  the  executive  procced- 

V^f  iho  miblic  revuiiuc  was  in- 
Si'dt^ri  "hat  parts  of  the 
reitriyi  ^ »       «„niioseil  to  vave 

iiod  of  hi«  administrut.0.1.  these 

1^  Jc.  «iim)0sed  to  have  taken 

KSng  euTsenator  at  liU-rty 

•^  ^5     e  re*  olve  upon  a  separate 

''''nf  bis  own  and  leavini;  the 

'to  the  great  V^^^^^^^ ^h.^\ 
Muld  not  know  8ga>u^t  wlut  w 


defend  himself;  and  to  tlie  loss  of  senatorial 
responsibility,  by  shielding  senators  fVom  public 
accountability  for  making  up  a  judgment  upon 
grounds  which  the  public  cannot  know,  and 
which,  if  known,  might  prove  to  be  insufficient 
in  law,  or  unfounded  in  fact : 

"And  whereas  the  specification  contained  in 
the  first  and  second  forms  of  thi-  resolve  ha'  ing 
been  objectetf  to  in  debate,  and  shown  to  be 
in  oiflicient  to  sustain  the  charges  they  were 
adduced  to  support,  and  it  being  well  l>clit  vpf\ 
that  no  m.ijority  could  bo  obtained  to  vote  for 
the  said  specifications,  and  the  same  having  been 
actually  withdrawn  by  the  mover  in  the  face  of 
the  whole  Senate,  in  consequence  of  such  objec- 
tion and  belief,  and  before  any  vote  taken  there- 
upon; the  said  spcciflcations  could  not  after- 
wards be  admitted  by  any  rule  of  parliamentary 
practice,  or  by  any  principle  of  legal  implication, 
Bccrct  intendment,  or  mental  reservation,  to  re- 
main and  continue  a  part  of  the  written  and 
public  resolve  from  which  they  were  thus  with- 
drawn ;  and,  if  they  could  be  so  admitted,  they 
would  not  be  sufficient  to  sustain  the  charges 
therein  contained : 

"  And  whereas  the  Senate  being  the  constitu- 
tional tribunal  for  Ihe  trial  of  the  President, 
when  charged  by  the  House  of  Representatives 
with  offences  against  the  laws  and  the  con.stitu- 
tion,  the  adoption  of  the  r,a\d  resolve,  before  any 
impeachment  preferna  by  the  House,  was  a 
breach  of  the  piivileges  of  the  House  ;  not  war- 
ranted by  the  constitution;  a  subversiou  of 
justice;  a  pitjudication  of  a  question  which 
might  legally  come  before  the  Senate;  and  a 
disqualification  of  that  body  to  jierform  its  con- 
stitutional duty  with  fairness  and  impartiality, 
if  the  President  should  thereafter  be  regularly 
impeached  by  the  House  of  Kepreseutatives  for 
tlie  same  offence : 

'•And  whereas  tho  temperate,  respectful,  and 
argumentative  defence  and  protest  of  the  Presi- 
dent against  the  aforesaid  proceeding  of  the 
Senate  was  rejected  and  repulsed  by  that  body, 
and  was  voted  to  be  a  breach  of  its  privileges, 
and  was  not  permitted  to  be  entered  on  its 
journal  or  printed  among  its  documents ;  while 
all  memorials,  petitions,  resolves,  and  re.non- 
stranccs  against  the  President,  however  violent 
ur  unfounded,  and  calculateil  to  inihime  the 
peojJc  against  him,  were  duly  and  honorably 
received,  encomiastically  commented  upon  in 
speeches,  road  it  the  table,  ordered  to  Ijc  printed 
with  the  long  ist  of  names  attached,  referred  to 
tlie  Finance  Committee  for  consideration,  filed 
iffay  among  the  public  archives,  and  now  con- 
rtitute  a  part  of  the  public  documents  of  the 
!K!nate,  to  be  handed  down  to  tlie  latest  pos- 

"And  whereas  the  said  resolve  was  intro- 

I  duced,  <lebated,  and  adopted,  at  a  time  and  umler 

circumstances  which  had  the  eflcct  of  co-ojH.rat- 

ingwith  the  Bank  of  the  United  States  in  the 

hwiculul  attempt  which  that  institution  was 

iheu  making  to  produce  a  panic  and  pressure  in 


the  coimtrv ;  to  destroy  tho  confidence  of  the 
people  in  President  Jackson;  to  paralyze  his 
administration;  to  govern  the  elections;  to 
bankrupt  the  State  banks ;  ruin  their  currency ; 
fill  the  whole  Union  with  terror  and  distress ; 
and  thereby  to  extort  from  the  sufferings  and 
the  alarms  of  the  people,  tho  restoration  of  the 
deposits  and  the  renewal  of  its  charter : 

"And  whereas  the  said  resolve  is  of  evil  ex- 
ample and  dangerous  precedent,  and  should 
never  liave  been  received,  debated,  or  adopted 
by  the  Senate,  or  admitted  to  entry  upon  its 
journal:  Wherefore, 

^lit'solred,  That  the  said  resolve  be  expunged 
from  the  journal ;  and,  for  that  purpose,  that 
the  Sccrctjiry  of  the  Senate,  at  such  time  as  tho 
Senate  may  appoint,  shall  bring  the  manuscript 
journal  of  the  session  1833  '34  into  the  Senate, 
and,  in  the  presence  of  the  Senate,  draw  black  lines 
round  the  said  resolve,  and  write  across  the  fiice 
thereof,  in  strong  letters,  the  following  words : 
'  Expunged  by  order  of  the  Senate,  this  —  day 
of ,  in  the  year  of  our  Lord  1837. ' " 


CHAPTER    CLX. 

EXITNQINO  EESOLUTIOM.-MR.  BENTON'S  THIED 
SPEECH. 

Mn.  President:  It  is  now  near  three  years 
since  the  resolve  was  adopted  by  the  Senate, 
which  it  is  my  present  motion  to  expunge  from 
the  journal.  At  the  moment  that  this  resolve 
was  adopted,  I  gave  notice  of  my  intention  to 
move  to  expunge  it;  and  then  expressed  my 
confident  belief  that  the  motion  would  even- 
tually prevail.  That  expression  of  confidence 
w.iS  not  an  ebullition  of  vanity,  or  a  presumi^- 
tuous  calculation,  intended  to  accelerate  tho 
event  it  affected  to  foretell.  It  was  not  a  vain 
boast,  or  an  idle  assumption,  but  was  the  result 
of  a  deep  conviction  of  the  injustice  done  Presi- 
dent Jackson,  and  a  thorough  reliance  upon  the 
justice  of  tho  American  people.  I  felt  thai,  the 
Pre'sident  had  been  wronged ;  and  my  heart  told 
me  that  this  wrong  would  be  redressed !  The 
event  proves  that  I  was  not  mistaken.  Tho 
question  of  expunging  this  resolution  has  been 
carried  to  tho  pcopie,  and  their  decision  has 
been  had  upon  it.  Tliey  decide  in  favor  of  the 
expurgation;  and  their  decision  has  been  both 
made  and  manifested,  and  communicated  to  us 
in  a  great  variety  of  ways.    A  great  number  of 


V20 


THIRTY  YKAItS'  VIEW. 


States  liave  exprossly  instructed  their  BcnntorK 
to  vote  for  tiiis  expurgation.  A  very  great 
majoiity  of  tiic  States  have  elected  senators  and 
representatives  to  Congress,  upon  the  express 
ground  of  fa\oring  this  expurgation.  The  Bank 
of  the  Unitoc'  States,  which  took  the  initiative 
in  the  accusation  again.st  the  President,  and 
furnished  the  material,  and  worked  the  ma- 
chinery which  was  used  against  him,  and  which 
was  then  so  powerful  on  this  floor,  lias  become 
more  and  more  odious  to  the  public  mind,  and 
musters  now  but  a  slender  phalanx  of  friends 
in  the  two  Houses  of  Congress.  The  la'o  Vesi 
l!.  ntial  t'.ectlon  fu;'ni.b"s  iddit.  ml  e\i(i,.:nt  .-r  of 
public  sentiment.  Tiit  candiJ.:'.  ^ 1 1^^ '.'««« the 
friend  of  Pi'esident  Jackson  the  ;n]  ?W5-,v.  ;•  of 
his  administration,  ai^id  tho  avowv  !  advoei" 
for  the  expurgation,  has  roceived  a  large  m  > 
jority  of  the  sulTrages  of  the  whole  Union,  and 
that  after  an  express  declaration  of  his  senti- 
ments on  this  precise  point.  The  evidence  of 
the  public  will,  exhibited  in  all  these  forms,  is 
too  manifest  to  be  mistaken,  too  exi»liiit  to  re- 
quire illustration,  and  too  imperative  to  Ih)  dis- 
regarded. Omitting  details  and  specific  enu- 
meration of  proofs,  I  refer  to  our  own  files  for 
the  instructions  to  expunge, — to  the  complexion 
of  the  two  Houses  for  the  temjier  of  the  people, 
— to  the  denationalized  condition  of  the  Bank 
of  the  Ui.  ted  States  for  the  fate  of  the  im- 
perious at  ,•  iser, — and  to  the  issue  of  the  Presi- 
dential election  for  the  answer  of  the  Union. 
All  these  are  pregnant  proofs  of  the  ptiblic  will, 
and  the  iist  pre-eminently  so:  because,  both 
the  question  of  the  expurgation,  and  the  form 
of  the  process,  was  directly  put  in  issue  upon  it. 
A  representative  of  the  people  from  the  State 
of  Kentucky  formally  interrogated  a  prominent 
candidate  for  tho  Presidency  on  these  points, 
and  required  from  him  a  public  answer  for  the 
information  of  the  public  mind.  The  answer 
was  given,  and  published,  and  read  by  all  the 
voters  before  the  election ;  and  I  deem  it  right 
to  refer  to  that  answer  in  this  place,  not  only 
as  evidence  of  the  points  put  in  issue,  but  also 
for  the  purpose  of  doing  more  ample  justice  to 
President  Jackson  by  incorporating  into  the 
2"gislative  history  of  this  case,  the  high  and 
hoiiorable  testimony  in  his  favor  of  the  eminent 
citizei;  Mr.  Van  Buren,  who  has  just  been  ex- 
alted to  the  lofty  honors  of  the  American  Presi- 
dency: 


"Your  last  question  peeks  to  know  'my* 
ojiinion  as  to  the  constitutional  power  of  the 
Senate  or  llouse  of  Representatives  to  expunge 
or  obliterate  from  the  journals  the  proceedings 
of  a  previous  session. 

"  You  will,  I  am  sure,  bo  satisfied  upon  fur- 
ther consideration,  that  there  are  but  few  ques- 
tions of  a  political  character  less  connected  with 
the  duties  of  the  oflice  of  President  of  the  United 
States,  or  that  might  not  with  equal  propriety 
be  put  by  an  elector  to  a  candidal;  fo.  tiiat  stu- 
tion,  than  this.  With  the  journals  of  neither 
house  of  Congress  can  he  properly  have  any 
thing  to  do.  But.  as  your  qufution  has  doubt- 
less been  induced  by  the  pencV-ncy  of  Col.  Bei, 
ton's  resolutions,  to  expunj.*'  fr  ,in  the;  j'H.ni.iis 
of  the  Sei.ate  certa  i  other  resolutions  toucliin)^ 
the  official  conduct  of  President  Jackson,  I  juc- 
fer  to  say,  that  I  regarded  the  pa-^sage  of  Col. 
Benton's  pi-eamble  and  resolutions  to  be  an  act 
of  justice  to  a  faithful  and  greatly  injured  piiljjio 
.  Tvant,  not  only  constitutional  in  itself,  luit 
iniperiously  demanded  by  a  proi)er  respect  fur 
the  well  known  will  of  the  people." 

I  do  not  propose,  sir,  to  draw  violent,  uh- 
warrantcd,  or  strained  inferences.     I  do  not  a.*- 
sume  to  say  that  the  question  of  this  expurjra- 
tion  was  a  leading,  or  a  controlling  point  in  the 
issue  of  this  election,     I  do  not  assume  to  say, 
or  insinuate,  that  every  individual,  and  cviiy 
voter,  delivered  his  suffrage  with  reference  to 
this  question.     Doubtless  there  were  many  ex- 
ceptions.   Still,  the  triumphant  election  of  tlie 
candidate  who  had  expressed  him.self  in  the  ttniis 
just  quoted,  and  who  was,  besides,  tlio  personal 
and  political  friend  of  President  Jackson,  ml 
the  avowed  approver  of  his  administration,  imist 
be  admitted  to  a  place  among  the  proofs  in  this 
case,  and  ranked  among  the  hig'i  concurrin;;  evi- 
dences of  the  public  sentiment  in  favor  of  tlie 
motion  which  T  make. 

Assuming,  then,  that   we   have  ascertained 
the  will  of  the  people  on  this  great  question. 
the  inquiry  presents  itself,  how  far  the  expres- 
sion of  that  will  ought  to  be  conclusive  of  our 
action  here  ?    I  hold  that  it  ought  to  Ix'  binding 
and  obligatory  upon  us  !  and  that,  not  only  upon 
the  principles   of  representative  govcrnnunt, , 
which  requires  obedience  to  the  known  will  of 
the  people,  but  also  in  conformity  to  the  prin- 
ciples upon  which  the  proceeding  against  Pre- 1 
.sident  Jackson  was  conducted  when  the  sentence 
against  him  was  adopted.    Then  every  thiii!;! 
was  done  with  especial  reference  to  the  will  of  j 
the  people  !    Their  impulsion  wis  assumed  loj 
be  the  fsolc  motive  to  action ;  and  to  thcra  thel 


ANNO  18S7.    ANDREW  JACKSON,  PRESIDENT. 


721 


r  BciireMnWl'"'"  to  '^»P""l-« 
ltejoum.l«ll»>F"«»'l'"e'' 

With  the  jor.rnalB  of  muncr 

''/^X; -so  ^ion.  touchin, 
;;VopS^tJack.onTr^ 

£nde.n.yaproFrvcsi,ectfor 
^  will  of  the  pcoiile. 

-,=..    sir  to  chaw  violent,  «n- 
stramod  mforcnccB.     i 
hat  the  question  of  tins  eximr(:a- 
^ng.  or  a  controlling  point  m  the 
Son.     I  do  not  assume  to  .a, 

hat  every  individual,  and  .^. 
ed  his  suffrage  with  refmn-e, 

,I,ouhtless  there  were  man)    X- 

ni  the  triumphant  cleet.on  <.f  the 
o^ll  expressed  himself  in  the  ten. 

:'d  who' was,  besides,  the  p.vso,d 

fr-eml  of  President  Jackson,  «n 

,,,roverofhisadministrat>on,nu>st 

o  a  place  among  the  proofs  ,n.l.s 

l^d  among  the  high  concurring . V,- 

e'uhlicsentin.cntinfavoroftk 

;r':hat   we   have  ascert..! 

tesc^^t  itself,  how  far  the  exjuv 
Croughttobeconclus,ve..four 
.hold  that  it  ought  to  l.buul>,v, 
Lun^nus!andthat,notonlyuro 
eVS  representative  governnu-ut^ 


h 


ultimate  verdict  was  expressly  referred.    The 
whole  machinery  of  alarm  and  pressure— every 
engine  of  political  and  moneyed  power — was  put 
in  moti')n,  and  worked  for  many  months,  to  ex- 
cite the  people  against  the  President ;  .ind  to  stir 
up  n  <  tings,  memorials,   nctitions,    i  avelUng 
com        jes,  and  distress    dcput.illons  against 
him;  c vi  each  symptom  of  popular  discontent 
wus  hi)  led  ns  an  evi  '.-nee  of  public  will,  and 
quot'  I  iiore  a"?  Mroof  that  the  people  demandc' 
the  r."   .emnation  of  the  President.     Not  only 
legisutive  assemblies,  and  mo'    irials  from  large 
assembli  'S,  wer  ther.  produced  here  as  evidence 
of  public  opinion,  but  the  petitions  of  boys  un- 
der age,  the  remonstrances  of  a  few  signers, 
and  the  results  of  the  most  inconsideralile  elec- 
tions, were  ostentatiously  paraded  and  magnified, 
as  the  evidence  of  the  sovereign  will  of  our  con- 
stituents.    Thus,  sir,  the  public  voice  was  every 
thing  while  that  voice,  partinlly  obtained  through 
political  and  pecuniary  machinations,  was  ad- 
verse to  the  President.    Then  the  popular  will 
was  the  shrine  at  which  cU  worshipped.    Now, 
when  that  will  is  regularly,  soberly,  repeatedly, 
and  almost  universally  expressed  through  the 
ballo  boxes,  at  the  various  elections,  and  turns 
out  to  be  in  favor  of  the  President  certainly  no 
one  can  disregard  it,  nor  otherwise  look  at  it 
than  as  the  .solemn  verdict  ol'  the  competent  and 
ultimate  tribunal  upon  an  issue  fairly  made  up, 
fully  argued,  and  duly  Fubmitted  for  decision. 
As  such  verdict,  t  receive  it.     As  the  deliberate 
verdict  of  the  sovereign  people,  I  bow  to  it.    I 
am  content.     I  do  not  mean  to  reopen  the  case, 
nor  to  recommence  the  argument.    I  leave  that 
work  to  others,  if  any  others  choose  to  perform 
it.    For  my.self,  I  am  content ;  and,  dispensing 
with  further  argument,  I  shall  call  for  judgment, 
and  ask  to  have  execution  done,  upon  that  un- 
happy journal,  which  the  verdict  of  millions  of 
freemen  finds  guilty  of  bearing  on  its  face  an  un- 
true, illegal,  and  unconstitutional  se'itence  of 
condemnation  against  the  approved  President 
of  the  Republic. 

But,  while  declining  to  reopen  the  argument 
of  this  question,  and  refusing  to  tre.id  over  a^juin 
the  ground  already  traversed,  there  is  anodur 
ind  a  different  task  to  perform  ;  one  which  the 
jpproaching  termination  of  President  Jackson's 
idministration  makes  peculiarly  proper  at  this 
lime,  and  which  it  is  my  privilege,  and  perhajis 
my  duty,  to  execute,  as  being  the  suitable  con- 

Vol.  I.--46 


elusion  to  the  arduous  contest  in  which  we  have 
been  ho  long  engaged  ;  I  allude  to  the  general 
tenor  of  his  administiiiiion,  and  to  its  effect,  for 
good  or  for  evil,  upon  the  conOition  of  his  country. 
This  is  the  prop   •  time  for  8i:ch  a  view  to  bo 
taken.    The  polincal  existence  of  this  great  man 
now  draws  to  a  close.    In  little  more  than  forty 
daj    he  ceases  to  be  a  public  character.    In  a 
few  brief  weeks  he  ceases  to  be  an  object  of  po- 
litical hope  to  any,  and  should  cca.sc  to  be  an 
object  of  political  hate,  or  envy,  to  all.    Wliat- 
ever  of  motive  the  servile  and  timeserving  might 
have  found  in  his  exalted  station  for  raising  the 
altar  of  adulation,  and  burning  the  incense  of 
praise  before  him,  that  motive  can  no  longer  ex- 
ist.   The  dispenser  of  the  patronage  of  an  em- 
pire—the chief  of  this  great  confe'    '«iy  of 
States — is  soon  to  be  a  private  indivi.   ;al,  .,•    p- 
ped  of  all  power  to  reward,  or  to  j xdeh.     •  la 
own  thoughts,  as  he  has  shown  u'   .     tie  dm- 
cluding  paragraph  of  that  messr       'vL   '« is  to 
be  the  last  of  its  kind  that  we  .shall  c       ic  eive 
from  him,  are  directed  to  that  'leloved  retire- 
ment from  which  he  was  drawr.  '     th'    .foice  of 
millions  of  freemen,  and  to  whicU  uc  jIOw  looks 
for  that  interval  of  repose  which  age  and  infir- 
mities require.    Under  these  circumstances,  he 
ceases  to  be  a  subject  for  the  ebullition  of  the 
passions,  and  passes  into  a  character  for  the  con- 
templation of  history'.     Historically,  then,  shall 
I  view  him  ;  and  limiting  this  view  to  his  civil 
administration,  I  demai  d,  where  is  there  a  chief 
magistrate  of  whom  sf  much  evil  has  been  pre- 
dicted, and  from  whom  so  much  good  has  come? 
Never  has  any  man  enteretl  upon  the  chief  ma- 
gistracy of  a  country  under  such  appalling  ppo- 
diotions  of  ruin  and  woe !  never  has  any  one  been 
so  pursued  with  direful  prognostications !  never 
has  any  one  been  so  beset  and  impeded  by  a 
powerful  combination  of  political  and  moneyed 
confederates !    never  has  any  one  in  any  coun- 
try where  the  administration  of  justice  has  risen 
above  the  knife  or  the  bowstring,  been  so  law- 
lessly and  shamelessly  tried    and  condemnf^i 
by  rivals  and  ei   oiics,  wit'iout  hca>lng,  without 
defence,  without  the  for.ns  of  law  or  justice! 
History  has  been  ransf  jked  to  find  examples 
of  tyrants  sufficiently  odious  to  illustrate  him 
by  comparison.    Language  has  lH;en  tortured 
to  find  epithets  sufficiently  strong  to  paint  him 
in  description.     Imagination  has  been  exhausted' 
in  her  efforts  to  deck  him  with  revolting  and' 


722 


THIRTY  YEARS*  VIEW. 


inhuman  attribtitcs.  Tyrant,  despot,  usurper ; 
destroyor  of  the  liberties  o(  his  country ;  rasli, 
ignorant,  imbecile ;  endangering  the  public  peace 
with  all  foreign  nations ;  destroying  domestic 
ppmpcrity  at  home ;  ruining  all  industry,  all 
commerce,  all  manufactures ;  annihilating  con- 
fidence between  man  and  man;  delivering  up 
the  streets  of  populous  cities  to  grass  and  woods, 
and  the  wharves  of  commercial  towns  to  the 
encumbrance  of  decaying  tcbsoIs  ;  depriving 
labor  of  all  rewanl ;  depriving  industry  of  all 
employment ;  destroying  the  currency ;  plung- 
ing an  innocent  and  happy  people  from  the  sjim- 
mit  of  felicity  to  the  depths  of  misery,  want,  and 
despair.  Such  is  the  faint  outline,  followed  up 
by  actual  condemnation,  of  the  appalling  denun- 
ciations daily  uttered  against  this  one  MAN, 
from  the  moment  ho  became  an  object  of  poli- 
tical competition,  down  to  the  concluding  mo- 
ment of  his  political  existence. 

"  The  sacred  voice  of  inspiration  has  told  us 
that  there  is  a  time  for  all  things.  There  cer- 
tainly has  been  a  time  for  every  evil  that  human 
nature  admits  of  to  bo  vaticinated  of  President 
Jackson's  administration  ;  equally  certain  the 
time  has  now  come  for  all  rational  and  well-dis- 
posed people  to  compare  the  predictions  with  the 
facts,  and  to  ask  themselves  if  these  calamitous 
prognostications  have  been  verified  by  events  ? 
Have  wo  peace,  or  war,  with  foreign  nations  ? 
Certainly,  we  have  peace  with  all  the  world  ! 
peaco  with  all  its  benign,  and  felicitou.s.  and  bene- 
ficent influences !  Are  we  respectci,  or  despised 
abroad  ?  Certainly  the  American  name  never  was 
more  honored  throughout  the  four  quarters  of  the 
globe,  than  in  this  very  moment.  Do  we  hear  of 
indignity,  or  outrage  in  any  quarter  ?  of  merchanv 
robbed  in  foreign  ports?  of  vessels  searched  on 
the  high  seas  ?  of  American  citizens  impressed 
into  foreign  service  ?  of  the  national  flag  insulted 
any  where  ?  On  the  contrary,  we  see  former 
wrongs  repaired ;  no  new  ones  inflicted.  Franco 
pays  twenty-five  millions  of  franca  for  spolia- 
tions committed  thirty  years  ago  5  Naples  pays 
two  millions  one  hundred  thousand  ducats  for 
wrongs  of  the  same  date  ;  Denmark  pays  six 
hundred  and  fifty  thousand  rix  dollars  for  wrongs 
done  a  quarter  of  a  century  ago ;  Spain  eng^^^s 
to  pay  twelve  millions  of  reals  vellon  for  injuries 
of  fifteen  years  date  ;  and  Portugal,  the  last  in 
the  list  of  former  aggressors,  admits  he  liability, 
and  only  waits  the  adjustment  of  details  to  close 


her  account  by  adequate  indemnity.     So  far 
from  wnr,  insult,  contempt,  and  spoliation  fronc 
abroad ;  this  denounced  administration  has  been 
the  senson  of  peace  and  good  will,  and  the  aus- 
picious era  of  universal  reparation.     So  far  from 
suffering  injury  at  the  hands  of  foreign  powers, 
our  merchants  have  received  indemnities  for  all 
former  injuries.    It  has  been  the  day  of  account- 
ing,  y(  settlement,  and  of  retribution.     The 
total  list  of  arrearages,  extending  through  four 
successive  previous  administrations,  has  been 
closed  and  settled  up.    The  wrongs  done  to 
commerce  for  thirty  years  back,  and  undei*  ro 
many  different  Presidents,  and  indemnities  with- 
held from  all,  have  been  repaired  and  paid  over 
under  the  beneficent  and  glorious  administration 
of  President  Jackson.    But  one  single  instanrc 
of  outrage  has  occurred,  and  that  at  the  extremi- 
ties of  the  world,  and  by  a  piratical  horde, 
amenable  to  no  law  but  the  law  of  force.    The 
Malays  of  Sumatra  committed  a  robbery  and 
massacre  upon  an  American  vessel.    Wretches ! 
they  did  not  then  know  that  JACKSON  was 
President  of  the  United  States  I  and  that  no 
distance,  no  time,  no  idle  ceremonial  of  treating 
with  robbers  and  assassins,  was  to  hold  bark 
the  arm  of  justice.     Commodore  Downes  went 
out.    His  cannon  and  his  bayonets  struck  tlic 
outlaws  in  their  den.    They  paid  in  terror  and 
in  blood  for  the  outrage  which  was  committed; 
and  the  great  lesson  was  taught  to  these  distant 
()irates — to  our  antipodes  themselves — that  not 
even  the  entire  diameter  of  this  globe  could  pro- 
tect them  !  and  that  the  name  of  American 
citizen,  like  that  of  Roman  citizen  in  the  great 
days  of  the  Republic  and  of  the  empire,  was  to 
be  the  inviolable  passport  of  all  that  wore  it 
throughout  the  whole  extent  of  the  habitable 
world. 

"At  home,  the  most  gratifying  picture  pre- 
sents itself  to  the  view :  the  public  debt  paid 
olT;  taxes  reduced  one  half;  the  completion  of 
the  public  defences  systematically  commenced; 
the  compact  with  Georgia,  uncomplied  with 
since  1802,  now  carried  into  efTect,  and  hersofl 
ready  to  be  freed,  as  her  jurisdiction  has  been 
delivered,  from  the  presence  and  encumbrance  | 
of  an  Indian  (Mipulation.  Missi-ssippi  and  Ala- 
oama,  Georgia,  Tennessee,  and  North  Carolina;  I 
Ohio,  Indiana,  Illinois,  Missouri,  and  Arkansas; 
in  a  word,  all  the  States  encumbered  with  an 
Indian  population  have  been  relieved  from  thit  I 


ANNO  1887.     ANDREW  JACKSON,  PRESIDENT. 


723 


Icouato  indcmnUy.     So  far 
ontompt,and.por.atlo„fro« 
inccd  adminUtratlonhasU.cn 
c  and  good  will,  and  the  aus- 
er'al'^arat-n.     So  far  from 
Uho  hands  of  foreii^npowcrj^ 
,c  received  indemnitees  for  a  1 
Ithas  been  the  day  of  account. 

nt    Md  of  retribution.     Ihe 

:;;;  extending  thr^igh^ir 

^uT  administrations,  has  been 

cd  up.    The  wrongs  done  to 

shack  and  undetHO 

nanAmcncanj        .  p^gON  was 

Idle  ceremonial  of  treating 
l,„e,  no  Idle  cert  ^^^  ^„^^ 

nnd  assassins,  was  v" 
i     Commodore  Downeswem 

r    Ion     They  paid  in  terror  and 
t:e^^aJttichwascomniitted..B 

sso^X  taught  to  these  d.^^^ 

t   antipodes  themselves-that  not 

rdl'eterofthisglobecou^ip. 

'      J  »\,«*  the  name  of  Ameniw 

Xt  rC- citizen  i..^  5".. 

1  ,.„„  most  gratifying  picture  pre- 
r;>;L  view -the  public  debt  ,«> 
lis  one  half-,  the  completion  of 

tf^ce^  systematically  commence 

I  i„tion     Mississippi  and  Ala- 

Tn  population.    ^^  ^\^  Carolina; 


encumbrance ;  and  the  Indians  themselves  have 
been  transferred  to  new  and  permanent  homes, 
every  way  better  adapted  to  the  enjoyment  of 
their  existence,  the  prcserration  of  their  rights, 
and  the  improvement  of  their  condition. 

"  The  currency  is  not  ruined !    On  the  con- 
trary, sevcnty-flve  milliuns  of  specie  in  the  coun- 
try is  a  s|)cctacle  never  seen  before,  and  is  the 
barrier  of  the  (leople  against  the  designs  of  any 
banks  which  may  attempt  to  suspend  payments, 
and  to  force  a  dishonored  paper  currency  upon 
the  community.    These  seventy-five  millions  are 
the  security  of  the  people  against  the  dangers  of 
a  depreciated  and  inconvertible  paper  money. 
Gold,  after  a  disappearance  of  thirty  years,  is 
restored  to  our  country.     All  Europe  beholds 
with  admiration  the  success  of  our  efforts  in 
three  years,  to  supply  ourselves  with  the  cur- 
rency which  our  constitution  guarantees,  and 
which  the  example   of  France  and  Holland 
ghowB  to  be  so  casi'y  attainable,  and  of  such  in- 
calculable value  to  industry,  morals,  economy, 
and  solid  wealth.    The  success  of  these  efforts 
is  styled  in  the  best  London  papers,  not  merely 
a  reformation,  but  a  revolution  in  the  currency ! 
a  revolution  by  which  our  America  is  now  re- 
gaining from  Europe  the  gold  and  silver  which 
she  has  been  sending  to  it  for  thirty  years 
past. 

Domestic  industry  is  not  paralyzed;  confi- 
dence is  not  destroyed ;  factories  are  not  stop- 
ped ;  workmen  are  not  mendicants  for  bread 
and  employment;  credit  is  not  extinguished; 
prices  have  not  sunk ;  grass  is  rot  growing  in 
the  streets  of  populous  cities ;  the  wharves  arc 
not  lumbered  with  decaying  vessels;  columns 
of  curses,  rising  from  the  bosoms  of  a  ruined  and 
agonized  people,  arc  not  ascending  to  heaven 
against  the  dec   t>ycr  of  a  nation's  felicity  and 
prosperity.    On  the  contrary,  the  reverse  of  all 
this  is  true !  and  true  to  a  degree  that  aston- 
ishes and  bewilders  the  senses.    I  know  that  all 
Is  not  gold  that  glitters ;  that  there  is  a  differ- 
•ice  between  a  specious  and  a  solid  prosperity. 
I  know  that  a  part  of  the  present  prosperity  is 
apparent  only — the  effect  of  an  increase  of  fifty 
millions  of  paper  money,  forced  into  circulation 
by  one  thousand  banks ;  but,  after  making  due 
allowance  for  this  fictitious  and  delusive  excess, 
he  real  prosperity  of  the  country  is  still  unprece- 
dentedly  and  transccndently  great.    I  know  that 
every  flow  must  be  followed  by  its  ebb,  that 


every  expansion  must  be  followed  by  its  con- 
traction. I  know  that  a  i-evulsion  of  the  pa|)er 
system  is  inevitable ;  but  I  know,  also,  that 
these  seventy-five  millions  of  gold  and  silver  is 
the  bulwark  of  the  country,  and  will  enable 
every  honest  bank  to  meet  its  liabilities,  and 
every  prudent  citizen  to  take  care  of  himself. 

Turning  to  nonic  points  in  the  civil  adminis- 
tration of  President  Jackson,  and  how  much  do 
we  not  find  to  admire !    The  great  cause  of  the 
constitution  has  been  vindicated  from  an  impu- 
tation of  more  than  forty  years'  duration.    lie 
has  demonstrated,  by  the  iact  itself,  that  a  na- 
tional bank  is  not  'necessary '  to  the  fiscal  opera- 
tions of  the  federal  government ;  and  in  that 
demonstration  he  has  upset  the  argument  of 
General  Hamilton,  and  the  decision  of  the  Su- 
preme Court  of  the  United  States,  and  all  that 
ever  has  been  said  in  favor  of  the  constitution- 
ality of  a  national  bank.    All  this  argument 
and  decision  rested  on  the  single  assumption 
of  the  '  necessity '  of  that  institution  to  the  fed- 
eral government.     He  has  shown  it  is  not '  ne- 
cessary;' that  the  currency  of  the  constitution, 
and  especially  a  gold  currency,  is  all  that  the 
federal  government  wants,  and  that  she  can  get 
that  whenever  she  pleases.    In  this  single  act, 
he  has  vindicated  the  constitution  from  an  un- 
just imputation,  and  knocked  from  under  the 
decision  of  the  Supreme  Court  the  assumed  fact 
on  which  it  rested.    lie  has  prepared  the  way 
for  the  reversal  of  that  decision ;  and  it  is  a 
question  for  lawyers  to  answer,  whether  the 
case  is  not  ripe  for  the  application  of  that  writ 
of  most  remedial  nature,  as  Lord  Coke  calls 
it,  and  which  was  invented,  lest,  in  any  case, 
there  should  be  an  oppressive  defect  of  justice ! 
the  venerable  writ  of  audita  querela  defenden- 
tis,  to  ascertain  the  truth  of  a  fact  happening 
since  the  judgment ;  and  upon  the  due  finding 
of  which  the  judgment  will  be  vacated.    Let 
the  lawyers  bring  their  books,  and  answer  us, 
if  there  is  not  a  case  here  presented  for  the 
application  of  that  ancient  and  most  remedial 
writ? 

From  President  Jackson,  the  country  has 
first  learned  the  true  theory  and  practical  in- 
tent of  the  constitution,  in  giving  to  the  Execu- 
tive a  qualified  negative  on  the  legislative  power 
of  Congress.  Far  from  being  an  odious,  danger- 
ous, or  kingly  prerogative,  this  power,  »8  vested 
in  the  President,  is  nothing  but  a  qualified  copy 


724 


TIirilTY  YFAUS'  VIKW. 


oftlic  fltnioiiN  vi-to  power  vohUmI  iu  tlif  trilmiicM 
of  thi-  p<'ri|il(>  niniiiiK  thu  llotniiiiH,  nml  intended 
to  HUH|M'iid  ihv  pfiNNKgit  (ifa  law  until  tlii>  iHiopIv 
thcriif^clvfH  nIioiiM  Imvo  time  to  oonHiiler  it.   The 
qualified  veto  of  tin-  Prenident  dcstroyH  noihiuKi 
it  only  tlelayH  the  |tiwsof<e  of  a  law,  and  rcfcrM 
it  to  the  |N'0|ile  for  their  eonHiderntion  and  de- 
riHioii.     It  Ih  the  refenmee  of  a  law,  n«)t  to  a 
ronimittie  of  the  House,  or  of  the  whole  lloum, 
hut  to  the  ronimittev  of  tlie  whole  Union.     It 
i8  a  reconuiiitinent  of  the  hill  to  the  (icoiiio,  for 
them  to  examine  and  consider ;  and  if,  upon  thiH 
examination,  they  are  content  tr)  julmh  it,  it  will 
poHH  at  the  next  HeHHion.     The  delay  of  a  few 
montliH  IH  the  oidy  eifect  of  a  veto,  in  a  caHe 
where  the  |H-ople  flhall  ultimately  approve  a 
law  ;  where  they  do  not  a|)prove  it,  the  inteiiw- 
uition  of  the  veto  is  the  harrier  which  HavcH 
them  the  adoption  of  a  law,  the  reiieal  of  which 
n>ip;hl  afterwards  \k'  ainioHt  imimsHible.    The 
qualified  nepttive  in,  therefore,  a  heneflcent  pow- 
er, intended,  as   General   Hamilton  expri'snly 
decliiiv.s  in   the  '  FederaliHt,'  tf>  protect,  first, 
the  executive  de|>artmcnt  from  the  encnmch- 
menlH  of  the  lej^iHlative  department ;  and,  se- 
condly, to  preserve  the  |itoplo  from  hoaty,  dan- 
(feroMH,  or  criminal  legislation  on   the  part  of 
their  rei)rescntative8.     This  is  the  deHign  and 
Inti'iilion  of  the  veto  power;  and  the  fear  ex- 
l)ressed  hy  General  Hamilton  was,  that  Presi- 
dents, HO  far  from  exercising  it  too  often,  would 
not  exercise  it  as  often  as  the  safety  of  the  peo- 
ple refpiired ;  that  they  might  lack  the  moral 
courage  to  stake  themselves  in  opposition  to  a 
favorite  niea-sure  of  the  majority  of  the  two 
Houses  of  Congress;  and  thus  deprive  the  iwo- 
ple,  in  many  instances,  of  their  right  to  pass 
upon  a  bill  before  it  becomes  a  flnal  law.     The 
casus  in  which  President  Jackson  has  exercised 
the  veto  power  has  shown  the  soundness  of  these 
observations.     No  ordinary  President   would 
have  staked  himself  against  the  Dank  rif  the 
United  States,  and  the  two  Houses  of  Congress, 
in  ]H^2.    It  required  President  Jackson  to  con- 
front that  power — to  stem  that  torrent — to  stay 
the  progress  of  that  charter,  and  to  refer  it  to 
the  people  for  their  decision.     His  moral  cour- 
age was  equal  to  the  crisis.     lie  arrested  the 
charter  until  it  cotild  go  to  the  people,  and  they 
have  arrested  it  for  ever.     Had  he  not  done  so, 
the  charter  would  have  become  law,  and  its  re- 
peal almost  impossible.   The  people  of  the  whole 


Uninu  would  now  have  Im'cu  in  the  condition  of 
the  jK-ople  of  Pennsylvania,  bestrode  by  the 
monster,  in  daily  conflict  with  him,  and  main- 
taining  a  doubtfid  content  for  supremacy  be. 
tween  the  govenuncnt  of  a  State  and  the  direc- 
tory of  a  moneyed  corporation. 

To  detail  H|Mriflc  acts  which  adorn  the  ad- 
ministration of  President  Ja(;knon,  and  illustrate 
the  intuitive  sagO'-ity  of  his  intellect,  the  firm- 
ness of  his  mind,  liis  disregard  of  [M'rsonal  popu- 
larity, and  his  entire  devotion  to  the  public 
gofMl,  would   Im!  inconsistent  with  this   rafiid 
skeUih,    inte!;.-led    merely   to    present    genernl 
views,  and  not  to  detail  single  actions,  howso- 
ever w«>rthy  they  may  Im!  of  a  splendiil  page  in 
the  volume  of  history.     Hut  how  can  we  pnNs 
over  the  great  measure  of  the  removal  nf  tlic 
public  moneys  from  the  Hank  of  the  TTtiiteil 
States,  in  the  autumn  of  IK.'i.'t?  that  wise,  he- 
roic, and  masterly  measure  of  prevention,  whinh 
has  resriH'd  an  empire  from  the  fangs  of  a  mer- 
ciless, revengeful,  greedy,  insatiate,  implacable, 
moneyed  jmwer !     It  is  a  remark  for  whieh  I 
am  indebted  to  the  philosophic  observation  nP 
my  most  esteemed  colleague  and  friend  (point- 
ing to  Dr.   Linn),  that,  while   it  requires  fur 
greater  talent  to  foresee  an  evil  Ix'foro  it  haj»- 
pens,  and  to  arrest  it  by  precautionary  measures, 
than  it  requires  to  apply  an  adequate  retnedy 
to  the  same  evil  after  it  has  happened,  yet  tlie 
applause  bestowed  by  the  world  is  always  gre.tl 
est  in  the  latter  case.    Of  this,  the  removal  of 
the  public  moneys  from  the  Bank  of  the  Ijiiii 
.States   is  an  eminent  instance.     The  veto  «r 
18.32,  which  arrested  the  charter  whi(;h  Con- 
gress had  granterl,  immediately  received  the  ajh 
plausi!  and  approbation  of  a  majority  of  tin 
Union  :  the  rcnfO'.al  of  the  tlejiosits,  which  [in 
vented  the  bank  from  forcing  a  recharUr,  was 
disapproved  by  a  large  majority  of  the  country, 
and  even  of  his  own  friends ;  yet  the  veto  womJi! 
have  Ixjcn  imavailing,  and  the  bank  would  inevi- 
tably have  been  rechartered,  if  the  dcpositH  liad 
not  been  removed.     The  immense  sums  nf  pub- 
lic money  since  a<.'cumulated  would  have  en- 
abled the  bank,  if  she  had  retained  the  posses- 
sion of  it,  to  have  coerced  a  rechartcr.    Nothing 
but  the  removal  could  have  prevcntc<l  her  from 
extorting  a  recharter  from  the  sufTcrings  ami 
terrors  of  the  i)coplc.     If  it  had  not  been  fur 
that  ncasure,  the  previous  veto  would  have 
been  unavailing;  the  bank  would  have  been 


ANNO  lRn7.     AMHIKW  JACKSON,  I'UF.SII>KNT. 


725 


,„Hylvani»,  »H.Htr.Hlc  ».y  U.. 
.Jflict  with  him,  «n.l. nam- 

,  content  for  H»l'"'"'»^y  '- 
„„ntofaStatoau.Uho<hm- 

I  c«>ri)«>ration. 

flc  act.  which  a.l..rn  h.  a.  - 
,.Hiae,.t.la..k«on,an.l.n«srut.. 
,Uy„fhiHi..ie»Uct,lhotirm- 
„MVmrc.Kar.l.>flHTH""alr..,.n- 
■ntiro  aovotion  to  the  imM" 
inconHi-tent  with  thiK  ra,. 
I  ,„cre.ly  to  prm-nt  pu-u1 
o  aetaii  KinRlc  acti..nH,  howno- 

.neanurc  of  the  n^noval       th 
from  the  Hank  .>f  the  1  .nU.l 
„UU«noflH:»:»1thatw.s.,hc- 
rlymoaH«rcof,>rcvc"t,.mwhw-l. 
cliro  from  the  fanj;«  of  a  ,n..r- 

r  Uay,  insatiate,  lmpla.aU. 
;  ; 'it  i«  a  remark  for  wh.h 

J  a  coUeatn- ami  frien.l(,....nl- 

I),  that,  while  it  re,n,r-  far 

, trcHeo  an  evil  Ufore  >t  H>- 

rent  it  by  proca"»'""''^y  """'""•;' 
:Hto'pplyanaaeanaU.renu.^^^ 

vil  after  it  haHhapp.^nea,>ettl 
,weahythew..riaiHalwayHKr.U^ 

or  cai    Of  thin,  the  ren>ov«l  of 
n'rfromthoBankoflhclu,..^ 

•:iLnt  in^tance.     The  vHo  - 
.rrentca  the  charter  whuh  •  2 
ntca,  immeaiat^ly  rece.vea  th.  U- 

J^r  bation  of  a  major.ty  ..      -• 
;u.o...Uoftheael.osilH,whi.l.I.n- 

:U    romfurcinKarecharUT.w. 

"a  large  majority  of  the  country 
LwnWenas-.yetthevet...o,.H 
vamnK,  ana  the  bank  wonhlm.,. 
;       charterea,iftheaepos,t« 

.0  el.    The  immense  H«m«  of  y.^>- 
P^«.um«lateawouia     -^^ 

»e  jHjoplc.  1*  J  ,^^^,, 


again  iuMtallea  in  power;  ana  thin  entire  ftilcral 
governnifiit  wouM  have  In^en  held  aH  an  up|N'na- 
a^e  to  lliat  bank,  an<l  adniiniHterua  ai'^-onilng  to 
her  (liD^frtionH,  and  by  her  nominees.  That 
gieut  meHHiire  of  pn'vention,  the  removal  of  the 
dt 'positM,  (hough  feebly  and  faintly  HiipporU'd 
by  friendH  at  first,  haH  fX|K'ller|  tlio  bank  froni 
the  iieUI,  and  driven  her  into  nlK'yanoe  nnder  a 
Slat«^  cliiirter.  She  Ih  not  deiid,  but,  holding 
her  nipitnl  atid  Hl<M!kliiilderH  together  under  a 
State  eliarler,  hIic.  Imik  taken  a  poKition  to  watch 
eventH,  and  to  profit  by  thcni.  The  royal  tig»'r 
han  gone  into  the  jungle  ;  and,  crouched  on  IiIh 
iH'lly,  he  awaitH  the  favorable  nnuiient  f«»r  emerg- 
ing from  liiH  covert,  and  Npringing  on  the  lM)dy 
of  the  unsuHpiciouH  traveller! 

The  TriMsiiry  order  for  excluding  pa|M!r  mon- 
ey from  the  land  ofltecH  in  another   wIhu  mca- 
Miru,  originating  in  enlightened   forecraHl,  and 
preventing  great  miHchiefH.    '\'\w  I'resident  fore- 
saw the  evils  of  Huffering  a  thouHan<l  Ktreamn  of 
pa|K>r  money,  iHHuing  from  a  thouKand  different 
bankH,  to  discliarge  themKclveH  on  the  national 
domain.    He  foresaw  that  if  these  currentH  were 
allowed  to  nin  their  conriw,  that  the   public 
IuuiIh  would  Iw  swept  away,  the  Treasury  would 
Im>  filled  with  irredi^emable  paper,  a  vast  num- 
Ikt  of  Ixinks  must  Ite  broken  by  their  folly,  and 
the  cry  Hct  up  that  nothing  but  a  national  Itank 
could  rifnilato  tlio  curriMicy.     He  sto|>[Ktd  the 
course  of  these  streams  of  pa|)er ;  and,  in  ho  do- 
ing, has  saved  the  country  from  a  great  calamity, 
and  excited   anew   the   ina4;hinations  of  those 
whose  schemes  of  gain  and  mischief  have  t>een 
(lisapp«>intcd ;  and  who  had  counted  on  a  new 
edition  of  panic  and  pressure,  and  again  naluting 
Congress  with  the  old  story  of  confidence  do- 
Htroyed,  currency  ruined,  prosperity  annihilated, 
and  distress  prodmvd,  by  the  tyranny  of  one 
ninn.    They  iK'gan  their  lugubrious  song;  but 
ridicule  and  contempt  have  prove<l  too  strong 
for  niotK'y  and  insolence;  and  tint  panic  letter 
of  the  ex-president  of  the  den   '  ionali7.e<I  bank, 
after  limping  atmut  for  a  few  du^s,  has  shrunk 
from  the  lash  of  piddic  scorn,  and  digappeareil 
from  the  forum  of  public  debate. 

The  difficulty  with  Prance:  what  an  instance 
it  presents  of  the  suiwrior  saga(;ity  of  President 
Jackson  over  all  the  commonplace  politicians 
who  l)eRet  and  imitede  his  atlministration  at 
home  !  That  difficulty,  inflamed  and  aggravated 
by  domestic  faction,  wore,  at  one  time,  a  por- 


tentous aspect ;  <he  skill,  firmness,  elevation  of 
purpose,  and  nmnly  frankness  of  the  I'nsiiicnt, 
avoided  the  danger,  aci^oniplishiMl  the  ulijict, 
commanded  the  admiration  of  );uro|n',  mid  n«- 
tained  the  rricndship  of  Franc.-,  lie  con  lucted 
the  delicRic  atlair  to  a  Huccvssrul  and  mnluiilly 
honorable  issue.  All  is  amicably  and  liiippily 
terminated,  leaving  not  a  wound,  nor  even  n 
scar,  behind  —  leaving  tlii!  Frcnchtnan  iind 
American  on  the  ground  on  which  they  hiive 
stiHid  for  fifty  years,  and  should  for  ever  stand  ; 
till!  ground  of  frienrlsbip,  n!H|K!ct,  goiMl  will,  and 
mutual  wishes  for  the  honor,  happiness,  and 
prosj)erity,  of  each  other. 

Ihit  why   this  s|H'ciflcation  ?     So  benefl(;ent 
and  HO  glorious  has  Is-en   the  adminlHtration  of 
this  President,  that  when!  to  Isgin,  and  where 
to  end,  in  the  enumeration  of  great  miasurea, 
would  be  the  embarrassment  of  him  who  has 
bin  eulogy  to  makt!.     lie  cuine  into  ofllrc  the 
first  of  generals;  he  gfws  out  the  first  of  state 
men.      His  civil  com|M'tit(>rs  have  shared   the 
fate  of  nih  'uilitary  opponents;  and  Washington 
city  ban  In-en  to  the  American   |M)lilicittns  who 
have  ossailcfl  him,  what  New  Orleans  was  to  the 
Itritish  generals  who  attiuked  IiIh  lines.     Re- 
pulsed!    driven    bock!    tiittcomfiled !    crushed! 
has  liet!!)  the  fate  of  all  assailants,  foreign  and 
domestic,  civil    and  military.      At   home  and 
abroad,  the  imiiress  of  his  gt^nins  and  of  his 
character  is  felt.     He  hoH  impressed  U|K)n  the 
age  in  which  he  lives  the  stamp  of  Iuh  anns, 
of  his  diplomacy,  and  of  his  domeHtic  policy.  In 
a  word,  so  transcendent  have  Ijcen  the  mentH 
of  hiH  administration,  that  they  have  o|)erated 
a  miracle  upon  the  minds  of  his  most  inveterate 
oi)IK)ncnts.     He  has  expunged  tlieir  objections 
to  military  chieftainH !  He  has  nhown  them  that 
they  were  ntiHtaken ;  that  military  men  were 
not  the  dangerous  rulerH  they  had  imagined,  but 
Hafe  and  jirosjjerouH  conductors  of  the  vcsHid  of 
.Htate.     He   han  changed  their  fear  into  love. 
With  visible  signs  they  admit  their  error,  and, 
instead  of  deprecating,  they  now  invoke  the  n;ign 
of  chieftains.     They  labored  haril  to  iirwurc!  a 
military  successor  to  the   present  incnndient ; 
and  if  their  love  gfjcs  on  increasing  at  the  HOTDe 
rate,  the  republic  may  be  put  to  the  cxjieiir  <  of 
perif)dical  wars,  to  breed  a  perjxjttial  sucre ssiin 
of  these  chieftains  to  rule  over  them  an'J  th  -Ir 
posterity  for  ever. 
To  drop  this  irony,  which  the  inconsicaeucy 


i^ 


726 


THIRTY  YEARS*  VIEW. 


.^ii^J 


t  "im 


of  mad  opponents  has  prorokcd,  and  to  return 
to  liic  plain  delineations  of  historical  painting, 
the  mind  imilinctivcly  dwells  on  the  vast  and 
unprecedented  popularity-  of  this  President. 
Great  is  the  inilucnco,  great  the  power,  greater 
than  any  man  ever  before  possessed  in  our 
America,  which  he  has  acquired  over  the  public 
mind.  And  how  hac  he  acquired  it  ?  Not  by 
the  arts  of  intrigue,  or  the  juggling  tricks  of 
diplomacy ;  not  by  undermining  rivals,  or  sac- 
rificing public  interests  for  the  gratiflcation  of 
classes  or  individuals.  But  ho  has  acquired  it, 
first,  by  the  exercise  of  an  intuitive  sagacity 
which,  leading  all  book  learning  ut  an  immea- 
surable distitncc  behind,  has  always  enabled  bim 
to  adopt  tho  pght  rcmt-tly,  at  the  right  time, 
an('  to  conquer  sooiiCoi.  when  the  men  of  forms 
and  office  thought  him  most  near  to  ruin  and 
dos|)iiir.  Next,  by  a  moral  courage  which  know 
no  fear  when  the  public  good  beckoned  him  to 
go  on.  Last,  and  chiefest,  he  has  a^uircd  it 
by  on  ofMjn  honesty  of  purpose,  which  knew  no 
conceahiientH ;  by  a  straightforwanlncss  of  ac- 
tion, which  disdained  the  forms  of  office  an<I  the 
arts  of  intrigue ;  by  a  disinterestedness  of  mo- 
tivu.  which  knew  no  selflsh  or  sordid  calcula- 
tion ;  a  duvotcdncsH  of  patriotism,  which  staked 
evi'py  filing  personal  on  the  issue  of  every  mea- 
SUP'  which  the  public  welfare  required  him  to 
adopt.  By  these  qualities,  and  these  means,  he 
has  ac«|uire<l  h-s  prodigious  {jopularity,  and  his 
transcendent  infuence  over  the  public  mind; 
and  if  there  are  any  who  envy  that  influence 
and  popularity,  let  them  envy,  also,  and  emi'Iatc, 
if  they  can,  the  qualities  and  moyis  by  which 
they  wrere  acquired. 

Great  has  been  tho  opposition  to  T.vsident 
Jacksoi/s  administration ;  greater,  perhaps,  then 
ever  has  been  exhibited  against  any  government, 
abort  of  actual  insurrection  and  forcible  resist- 
ance. Revolution  has  been  proclaimed !  and 
every  thing  has  been  done  that  could  be  ex- 
pected to  produce  revolution.  The  country  has 
been  alarmed,  agitated,  convulsed.  From  the 
Senate  chamber  to  the  village  bar-room,  from 
one  ond  of  the  continent  to  the  other,  denuncia 
tion,  agitation,  excitement,  has  been  the  order 
of  the  day.  For  eight  years  the  President  of 
this  republic  has  stood  upon  a  volcano,  vomiting 
firo  and  flames  upon  him,  and  threatening  the 
country  itself  with  ruin  .ind  desolation,  if  tho 
people  did  not  ex|K>l  the  usuqwr,  despot,  and 


tyrant,  as  he  was  called,  from  the  high  place  to 
which  the  suffrages  of  millions  of  firemen  had 
elevated  him. 

Great  is  tho  confidence  which  he  has  always 
reposed  in  the  discernment  and  equity  of  the 
American  people.  I  have  been  accustomed  to 
see  him  for  many  years,  and  under  many  d-.a- 
couraging  trials ;  but  never  saw  him  doubt,  for 
an  instant,  the  ultimate  support  of  the  peopk*. 
It  was  my  privilege  to  see  him  often,  and  during 
the  most  gloomy  period  of  the  panic  conspiracy, 
when  the  whole  earth  seemed  to  be  in  conuiio- 
tion  against  him,  and  when  many  friends  were 
faltering,  and  stout  hearts  were  quailing,  befont 
the  raging  storm  which  bank  machination,  und 
senatorial  denunciation,  had  conjured  up  to  over- 
whelm him.  I  saw  him  in  the  darkest  moniunts 
of  tiiis  gloomy  period ;  and  never  did  I  sec  IiIh 
confldunco  in  the  ultimate  support  of  his  felluw- 
citizcns  forsake  him  for  an  instant.  He  always 
said  tho  people  would  stand  by  those  who  stand 
by  tliem ;  and  nobly  have  they  justified  that 
confidence !  That  verdict,  the  voice  of  millions, 
which  now  demands  the  expurgation  of  that 
sentence,  which  the  Senate  and  the  bank  tlivn 
pronounced  upon  him.  is  the  magnificent  re- 
sponse of  the  people's  hearts  to  the  implicit  coii- 
ihlence  which  he  then  refioscd  in  them.  But  it 
was  not  in  the  people  only  that  he  had  confi- 
.lenrc;  there  was  another,  and  a  far  higliiT 
Power,  to  which  he  constantly  looked  to  save 
tho  country,  and  its  defenders,  from  every  (lun- 
ger ;  and  signal  events  prove  that  ho  did  not 
look  to  that  high  Power  in  vain. 

Sir,  I  think  it  right,  in  approaching  the  ter- 
mination of  this  great  question,  to  present  tills 
faint  and  rapid  sketch  of  the  brilliant,  lieneflccnt, 
and  glorious  administration  of  President  .Fack- 
8on.  It  is  not  for  me  to  attempt  to  do  it  jus- 
tice ;  it  is  not  for  ordinary  men  to  attempt  its 
history.  His  military  life,  R'splendent  with 
doazling  events,  will  demand  the  iien  of  a  ncn- 
ous  writer;  his  civil  administration,  rciiKiv 
with  scenes  which  have  called  into  action  eu 
many  and  such  various  passions  of  the  liiiinnii 
heart,  and  which  has  given  to  native  sngurity 
so  many  victories  over  practised  politicians,  will 
require  the  profound  '  nninoiis,  and  philosophi- 
cal conceptions  of  a  Livy,  a  Plutarch,  or  a  Sal- 
lust.  This  history  is  not  to  be  written  in  our 
day.  Tho  cotemporaries  of  such  events  are  not 
the  hands  to  describe  them.  Time  must  first  do 


i  ;^";'t^iiji,lfi 


ANNO  1837.     ANDREW  JACKSON,  PRESIDENT. 


727 


illci,  from  the  high  place  to 
B  of  millions  of  freemen  had 

Mcncc  which  he  has  ahvay« 
ccrnmcnt  and  equity  of  the 
1  have  hcen  accustomed  to 
years,  and  under  many  a.«- 
but  never  saw  him  doubt,  for 
tiniatc  support  of  the  people. 
goto  see  him  often,  and  dumg 
period  of  the  panic  conspiracy, 
Jarth  seemed  to  be  in  oimuno- 
and  when  many  friends  were 
ut  hearts  were  quaiUni<,befon^ 
,  which  bank  machination,  an.l 
Biation,hadcoiuure<luptoov.r. 
»whim  in  the  darkest  momtnu 
period;  and  never  did  I  sec  Ins 
rultimatc  support  of  h.9  fellow- 

him  for  an  instant.  He  always 
would  sUnd  by  those  who  stand 
nobly  have  they  justified  that 
,at  verdict,  the  voice  of  mi\\um 
mands  the  expurgation  of  that 
i»  the  Senate  and  the  bank  then 

^n  him.  is  th.^  magnificent  re- 

cople'8  l^carts  to  the  implicit . -.m- 

1,0  then  reiK,sed  in  them.     15ut>t 

people  only  that  he  had  confi- 

iwas  another,  and  a  far  higher 

■h  he  constantly  looked  to  Bav( 

id  its  defenders,  from  every  dan- 

,1  events  prove  that  ho  did  not 

itth  Power  in  vain. 

It  right,  in  approaching  the  tor- 

>iB  great  question,  to  present  thi. 
sketch  of  the  brilliant,  boneflctnt, 
administration  of  ra-»id.nt  Jack- 
t  for  me  to  attempt  to  do  it  jus- 
for  ordinary  men  f.  attempt  its 
miliUry  life,  i-esplendent  w.ih 
8  will  demand  the  iH.n  of  a  ntn 
'hi«  civil  administrati.m,  rcphie 
vWch  have  called  into  action  .u 
h  various  passions  of  the  human 
ich  has  given  to  native  sagacity 
Lies  over  nmctisedpol.ticmns^l 
■ofouncl  •  nuinous,  and  philo^.^h  • 
,s  of  a  Livy,  a  Pl«taa>h.  or  a  Sal- 

.,tory  i«  not  to  be  written  m  - 
Lmporaries  of  such  events  are  n 

describe  them.  Time  must  lir«t  do 


its  office — must  Hilence  the  passions,  remove  the 
actors,  devclope  consequences,  and  canonize  all 
that  is  sacred  to  honor,  patriotism,  and  glory. 
In  after  ages  the  historic  genius  of  our  America 
shall  produce  the  writers  which  the  subject  de- 
mands— men  fur  removed  from  the  contests  of 
this  day,  who  will  know  how  to  estimate  this 
great  epoch,  and  bow  to  acquire  on  immortality 
for  their  own  names  by  painting,  with  a  mas- 
ter's hand,  the  immortal  events  of  the  patriot 
Procident's  life. 

And  now,  sir,  I  finish  the  task  whic'.i,  three 
yearn  ago,  I  inqMsed  on  myself.  Solitary  and 
alone,  and  amidst  the  jeers  and  taunts  of  my 
opponents,  I  put  this  ball  in  motion.  The  peo- 
ple have  taken  it  up,  and  rolled  it  forward,  and 
I  am  no  longer  any  thing  but  a  unit  in  the  vast 
niai38  which  now  propels  it.  In  the  name  of 
tha'.  mass  I  si)eak.  I  demand  the  execution  o( 
the  edict  of  the  people ;  I  demand  tlie  expurga- 
tion of  that  sentence  wliich  the  voice  of  a  fow 
senators,  and  the  power  of  their  coufcderute, 
the  Bank  of  the  United  States,  has  caused  to  be 
placed  on  the  journal  of  the  Senate  ;  and  which 
the  voice  of  milliond  of  freemen  has  ordered  to 
bo  expunged  from  it. 


CHAPTER    CLXI. 

EXPUNOINO  KE!*OUlTION :  MU.  Ct.AY,  MR.  <'.\r^ 
UOUN.  MK.  WKBSTKK:  LAST  SCENE:  KJMOLir- 
TlON  I'ASSEU,  ANU  EXECUTEH. 

Saturday,  the  14th  of  January,  the  democratic 
senators  agreed  to  have  a  meeting,  and  to  take 
their  final  measures  for  passing  the  expunging 
resolution.     They  knew  they  had  the  luimla is ; 
but  they  also  knew  that  they  liud  adversaries 
to  grappie  with  to  whom  might  l)e  applied  the 
proud  motto  of  Louis  the  Fourtet  ith :  "  Not  an 
uneciual  match  for  numbers."    They  also  know 
that  memlxsrs  of  the  party  were  in  the  pn)cesH  of 
Hoparating  from  it,  and  would  ivquire  concilia- 
ting.   They  mot  in  the  night  at  the  then  famous 
restaurant  of  Boiilanger,  giving  to  the  ossenibhige 
tlio  air  of  a  convivial  entertainment.   It  coiitiiiu- 
fd  till  midnight,  and  required  all  tlie  Miodcra- 
tinn,  tact  and  s)<ill  of  tlie  prime  movers  to  ob- 
tain and  maintiiin  the  union  upon  details,  on 
the  success  of   which  the  fate  of  the  meas- 


ure depended.     The  men  of  conciliation  were 
to  be  the  efficient  men  of  that  night ;  and  all 
the  winning  resources  of  Wright,  Allen  of  Ohio 
and  Linn  of  Missouri,  were  put  into  requisition. 
There  were  serious  diflerenccs  upon  the  mode 
of  expurgation,  while  agreed  upon  the  thing ; 
and  finally  obliteration,  the  favorite  of    the 
mover,  was  given  up;  and  the  mode  of  expurgar 
tion  adopted  wliich  had  been  proposed  in  the 
resolutions  of  the  General  Assembly  of  Virginia ; 
namely,  to  inclose  the  obnoxious  sentence  in  a 
square  of  black  lines — an  oblong  square :  aoom- 
promi.so  of  opinions  to  which  the  mover  agreed 
upon  condition  of  being  allowed  to  compose  the 
epitaph — "  Expunged  by  the  order  of  the  Se- 
nate."   The  agreement  which  was  to  lead  to 
victory  wos  then  adopted,  each  one  severally 
pledging  himself  to  it,  that  there  should  be  no 
adjournment  of  the  Senate  after  the  resolution 
was  called  until  it  was  passed ;  and  that  it  should 
be  called  immediately  after  the  nioniing  business 
on  the  Monday  ensuing.     Expecting  a  protract- 
ed session,  extending  through  the  day  and  night, 
and  knowing  the   difficulty  of    keeping  men 
steady  to  their  work  and  in  good  humor,  when 
tired  and  hungry,  the  mover  of  the  proceeding 
took  care  to  provide,  as  far  as  possible,  against 
such  a  state  of  things;  and  gave  orders  that 
night  to  have  an  ample  supply  of  cold  hams, 
turkeys,  rounds  of  beef,  pickles,  wines  and  cups 
of  hot  cotll>e,  ivady  in  a  certain  committee  room 
near  the  Senate  chamber  by  four  o'clock  on  Uie 
afternoon  of  Monday. 

The  motion  to  take  up  the  subject  was  made 
at  the  apfiointed  time,  and  immediately  a  debate 
of  long  s|)eeches,  chiefly  on  the  other  side,  open- 
ed itself  upon  the  question.  It  was  evident 
that  coinsumption  of  time,  delay  and  adjourn- 
ment, wa.s  their  plan.  The  three  great  leaders 
did  not  join  in  the  opening ;  but  their  place  was 
We'll  supplied  by  many  of  their  friends,  able 
speakers — some  effective,  some  eloquent :  Pres- 
ton of  South  Carolina :  Richard  11.  Bayard  and 
John  M.  Clayton  of  uelawarc ;  Crittenden  of 
Kentucky ;  Southard  of  Now  Jersey ;  White  of 
TenneB.see ;  Ewing  of  Ohio.  They  were  only  tho 
hulfin  nunil)cr,but  strong  iu  zea'  and  ability,  that 
commenced  the  contest  three  years  before,  rein- 
forced by  Mr.  White  of  Tennessee.  As  the  dark- 
ness of  approaching  night  came  on,  and  the  groat 
diandelier  was  lit  up,  splendidly  illuminating  the 
chamber,  then  crowded  with  the  members  of  the 


728 


TIIIUTV  YEARS'  VIKW, 


House,  nnd  the  lobbies  and  galleries  filled  to 
their  utmost  capacity  by  visitors  and  spcctatorH, 
the  scene  became  grand  and  impressive.  A  few 
spoke  on  the  side  of  the  resolution — chiefly 
Rives,  Buchanan,  Niles  —  and  with  an  air  of 
ease  and  satisfaction  that  bespoke  a  quiet  deter- 
mination, and  a  consciousness  of  victory.  The 
committee  room  had  been  resorted  to  in  parties 
of  four  and  six  at  a  time,  always  leaving  enough 
on  WKtch :  and  not  resorted  to  by  one  side  alone. 
The  Disposition  were  invited  to  a  full  participa- 
tion—an invitation  of  which  those  who  were 
able  to  maintain  their  good  temper  readily  avail- 
ed themselves ;  but  the  greater  part  were  not  in 
a  humor  to  eat  any  thing — esiwcially  at  such  a 
feast.  The  night  was  wearing  oway :  the  ex- 
pungers  were  in  full  force — masters  of  the  cham- 
ber— happ}- — and  visibly  determined  to  remain. 
It  became  evident  to  the  great  opposition  leaders 
that  the  in('\  itable  hour  had  come :  that  the 
damnable  deed  was  to  be  done  that  night:  and 
that  the  dignity  of  silence  was  no  longer  to  them 
a  tenable  position.  The  battle  was  going  against 
them,  and  they  must  go  into  it,  withoo  c  being  able 
to  re-establish  it.  In  the  beginning,  they  had 
not  considered  the  expunging  movement  a  seri- 
ous proceeding:  as  it  advanced  they  still  expect- 
ed it  to  miscarry  on  some  point :  now  the  real- 
ity of  the  thing  stood  before  them,  confronting 
their  presence,  and  refusing  to  "  down  "  at  any 
conmiand.  They  broke  silence,  and  gave  vent 
to  language  which  bespoke  the  agony  of  their 
feelings,  and  betrayed  the  revulsion  of  stomach 
with  which  they  approached  the  odious  subject. 
Mr.  Calhoun  said : 

"No  one,  not  blinded  by  party  zeal,  can  pos- 
sibly be  insensible  that  the  measure  proposed  is 
a  violation  of  the  constitution.  The  constituti(^n 
requires  the  Senate  to  keep  a  journal ;  this  re- 
solution goes  to  expunge  the  journal.  If  you 
may  expunge  a  part,  you  may  expunge  the 
whole ;  and  if  it  is  expunged,  how  is  it  kept  ? 
The  constitution  says  the  journal  shall  be  kept ; 
this  r  "olution  says  it  shall  bo  destroyed.  It 
does  the  very  thing  which  the  constitution  de- 
clares shall  not  be  done.  That  is  the  argument, 
the  whole  argument.  There  is  none  otiier. 
Talk  of  precedents  ?  and  precedents  drawn  from 
a  foreign  country  ?  They  don't  apply.  No, 
sir.  This  is  to  be  done,  not  in  consciciuence  of 
argument,  but  in  spite  of  argument.  I  under- 
stand the  case.  I  know  perfectly  well  the  gen- 
tlemen have  no  liberty  to  vote  otherwise.  They 
are  coerced  by  an  exterior  power.  They  try, 
indeed,  to  comfort  their  conscience  by  saying 
that  it  is  tLo  will  of  the  people,  and  the  voice  of 


the  people.  It  is  no  such  thing.  We  all  know 
how  these  legislative  returns  have  been  obtained. 
It  is  by  dictation  from  the  White  Hotise.  The 
President  himself,  with  that  vast  mass  of  patron- 
age which  he  wields,  and  the  thousand  expecta- 
tions he  is  able  to  hold  up,  has  obtained  those 
votes  of  the  State  Legislatures ;  and  this,  for- 
sooth, is  said  to  be  the  voice  of  the  people.  The 
voice  of  the  people !  Sir,  can  we  forget  the 
scene  which  was  exhibited  in  this  chamber  when 
that  expunging  resolution  was  first  introduced 
here?  Have  we  forgotten  thp  universal  giving 
way  of  conscience,  so  that  the  senator  from 
Missouri  was  left  alone  ?  I  see  before  me  se- 
nators who  could  not  swallow  that  resolution ; 
and  hus  its  nature  changed  since  then  ?  Is  it 
anj'  more  constitutional  now  than  it  was  then  ? 
Not  at  all.  But  executive  power  has  interpos- 
ed. Talk  to  me  of  the  voice  of  the  people  I  No, 
sir.  It  is  the  combination  of  patronage  and 
power  to  coerce  this  body  into  a  gross  and  pal- 
pable violation  of  the  constitution.  Some  indi- 
vi<luals,  I  perceive,  think  to  escape  through  the 
particular  form  in  which  this  act  is  to  be  per- 
I)etrated.  They  tell  us  that  the  resolution  on 
your  records  is  not  to  be  expunged,  but  is  only 
to  be  endorsed  '  Expunged.'  Really,  sir,  I  do 
not  know  how  to  argue  against  such  contempti- 
ble sophistry.  The  occasion  is  too  solemn  for 
an  argument  c)f  this  sort.  You  are  going  to 
violate  the  constitution,  and  you  get  rid  of  the 
infamy  by  a  falsehood.  You  yourselves  say  that 
the  resolution  is  expunged  by  your  order.  Yet 
you  say  it  is  not  expunged.  You  put  your  act 
in  express  words.  You  record  it,  and  then  turn 
round  and  deny  it. 

'•  But  why  do  I  waste  my  breath  ?  I  know- 
it  is  all  utterlj'  vain.  The  day  is  gone ;  niijlit 
approaches,  and  night  is  suitable  to  the  dark 
deed  we  meditate.  There  is  a  sort  of  destiny 
in  this  thing.  The  act  must  be  performed ;  anil 
it  is  an  act  which  will  tell  on  the  political  histo- 
ry of  this  country  for  ever.  Other  preceding 
violations  of  the  constitution  (and  they  have 
been  many  and  great)  filled  my  bosom  witli  in- 
dignation, but  this  fills  it  only  with  grief. 
Others  were  done  in  the  heat  of  party.  Power 
was,  as  it  were,  compelled  to  support  itself  by 
seizing  upon  new  instruments  of  influence  and 
patronage  ;  and  there  were  ambitious  and  able 
men  to  direct  the  process.  Such  was  the  re- 
moval of  the  deposits,  which  the  President  seiz- 
ed uj)on  by  a  new  and  unprecedented  act  of  ar- 
bitrary i)ower  ;  an  act  which  gave  him  ample 
means  of  rewarding  friends  and  punishing  ene- 
mies. Something  may,  j^erhaps,  be  pardoned 
to  him  in  this  matter,  on  the  old  apology  of 
tyrants — tiie  jplca  of  necessity.  But  here  tliero 
can  be  no  such  apology.  Here  no  necessity  can 
so  much  as  be  pretended.  This  act  originates 
in  pure,  unmixed,  personal  idolatry.  It  is  the 
melancholy  evidence  of  a  broken  spuit,  ready  to 
bow  at  tlie  feet  of  power.  The  former  aci  was 
such  a  one  as  might  have  been  perpetrated  in 
the  days  of  Pompey  or  Caesar ;  but  on  act  like 


ANNO  1837.     ANDREW  JACKSON,  PRESIDENT. 


729 


o  such  thing.    Wc  all  know 
,c  returns  have  been  obtained, 
rom  the  White  House.    The 
with  that  vast  mass  of  patron- 
Is,  and  the  thousand  expccta- 
,  \iold  up,  has  obtained  these 
.  Lecislatures;  and  this,  for- 
,  the  voice  of  the  people.    The 
>le !    Sir,  can  we  forget  the 
xhibited  in  this  chamber  when 
solution  was  first  introduced 
forcotten  thp  universal  giving 
•e,   so  that  the  senator  from 
;  alone?    I  see  before  mc  se- 

not  swallow  that  resolution ; 
B  changed  since  then  7    Is  it 
itional  now  than  it  was  then? 
executive  power  has  mterpos- 
of  the  voice  of  the  people '.    N  o 
orabination  of  patronage  and 
this  body  into  a  gross  and  pal- 
r  the  constitution.    Some  indi- 
re  think  to  escape  through  the 
in  which  this  act  is  to  be  per- 

tell  us  that  the  resolution  on 
not  to  be  expunged,  but  is  only 
'  Expunged.'  Ueally,  sir,  I  do 
o  argue  against  such  contempti- 
The  occasion  is  too  solemn  for 
f  this  sort.  You  are  going  to 
ititution,  and  you  get  rid  of  he 
chood.  You  yourselves  say  that 
^  expunged  by  your  order.  1  ct 
.t  expunged.  You  put  your  net 
Is,     You  record  it,  and  then  turn 

>  I*  waste  my  breath?    I  know 
vain.    The  day  is  gone; ;  ni-lit 

night  is  suitable  to  the  dark 
tc  There  is  a  sort  of  destiny 
'lie  act  must  be  prrformed ;  and 
^h  will  tell  on  the  political  histo- 
;try  for  ever.  Other  preceding 
le  constitution  (and  they  have 
■^  crcat)  filled  my  bosom  with  in- 

this  fills    it  only  with   pncf. 
,ne  in  the  heat  of  party.    PoN^r 

compelled  to  support  itself  by 
•w  instruments  of  influence  and 
I  there  were  ambitious  and  able 
the  process.  Such  was  the  re- 
■posits,  which  the  President  scz- 
Lnv  and  unprecedented  act  of  a  - 
.  an  act  which  gave  him  ample 
hding  friends  and  punishinp  ene- 
ling  may,  ^rhaps  be  panloned 

matter,  oA  the  old  apology  of 
IcT  of  necessity.    But  here  th^o 

apology.     Here  no  necessity  can 

p'^^^tended.    This  act  or.|rma[e. 
Jd,  pergonal  idolatry..    It  is  th 

deicVof  a  broken  spirit,  ready  to 

of  power.  The  former  act  w^ 
Light  have  been  perpetratei  in 
Coyer  C«!sar;  but  an  act  like 


this  could  never  have  been  consummated  by  a 
Roman  Senate  until  the  times  of  Caligula  and 
Nero." 

Mr.  Calhoun  was  right  in  his  taunt  about  the 
universal  giving  way  when  the  resolution  was 
first  introduced — the  solitude  in  which  the 
mover  was  then  left — and  in  which  solitude  he 
would  have  been  left  to  the  end,  had  it  not  been 
for  his  courage  in  reinstating  the  word  expunge, 
and  appealing  to  the  people. 

Mr.  Clay  commenced  with  showing  that  he 
had  never  believed  in  the  reality  of  the  prpc-eed- 
ing  until  now ;  that  he  had  considered  the  reso- 
lution as  a  thing  to  be  taken  up  for  a  speech, 
and  laid  down  when  the  speech  wa.s  delivered ; 
and  that  the  last  laying  down,  at  the  previous 
session,  was  the  cud  of  the  matter.    lie  said : 

"  Considering  that  he  was  the  mover  of  the 
resolution  of  March,  1834,  and  the  consequent 
relation  in  which  he  stoofl  to  the  majority  of 
the  Senate  by  whose  vote  it  was  adopted,  he 
had  felt  it  to  be  bis  duty  to  say  something 
on  this  expunging  resolution;  and  he  had 
always  intended  to  do  so  when  he  should  be 
persuaded  that  there  existed  a  settled  purpose 
of  pressing  it  to  a  final  decision.  But  it  had 
been  so  taken  up  and  put  down  at  the  lajst  ses- 
sion— taken  up  one  day,  when  a  speech  was 
prepared  for  delivery,  and  put  down  when  it  was 
pronounced — that  he  had  really  doubted  whe- 
ther there  existed  any  serious  intention  of  over 
{tutting  it  to  the  vote.  At  the  Tery  close  of  the 
ast  session,  it  will  be  recollected  that  the  isso- 
hition  came  up,  and  in  several  quarters  o*"  the 
Senate  a  disposition  wa.^  manifested  to  ccnne  to 
a  definitive  decision.  On  that  occasion  he  had 
offered  to  waive  his  right  to  address  the  Senate, 
and  silently  to  vote  upon  the  resolution ;  but  it 
was  again  laid  upon  the  table ;  and  laid  there  for 
ever,  as  the  country  supposed,  and  as  he  be- 
lieved. It  is,  however,  now  revived ;  and,  sun- 
dry changes  having  taken  place  in  the  members 
of  this  boily,  it  would  seem  that  the  present 
design  is  to  bring  the  resolution  to  an  absolute 
conclusion." 

Then,  after  an  argument  itgainst  the  expurga- 
tion, which,  of  necessity,  was  obliged  to  be  a 
recapitulation  of  the  trgument  in  favor  of  the 
original  condemnation  of  the  President,  he  went 
on  to  give  vent  to  his  feelings  in  expressions  not 
less  bitter  and  denunciatory  of  the  President 
and  his  friends  than  liiose  used  by  Mr.  Calhoun, 
Baying: 

"  But  if  the  matter  of  expunrtion  be  contrary 
to  the  truth  of  the  case,  reproachful  for  its  base 
Bubservieiiey,  derogatory  from  the  just  and  ne- 


cessary powers  of  the  Senate,  and  repugnant  to 
the  constitution  of  the  United  States,  the  man- 
ner in  which  it  is  proposed  to  accomplish  this 
dark  deed  is  also  highly  exceptionable.  The 
expunging  resolution,  which  is  to  blot  out  or 
enshroud  the  four  or  five  lines  in  which  the 
resolution  of  1834  stands  recorded,  or  rather 
the  recitals  by  which  it  is  preceded,  arc  spun 
out  into  a  thread  of  enormous  length.  It  runs, 
whereas,  and  whereas,  and  whereas,  and  where- 
as, and  whereas,  &c.,  into  a  formidable  array  of 
nine  several  whereases.  One  who  should  nave 
the  courage  to  begin  to  read  them,  unaware  of 
what  was  to  be  their  termination,  would  think 
that  at  the  end  of  such  a  tremendous  display  he 
must  find  the  very  devil." 

And  then  coming  to  the  conclusion,  he  con- 
centrated his  wrath  and  grief  in  an  apostro- 
phizing peronition,  which  lacked  nothing  but 
verisimilitude  to  have  been  grand  and  affecting. 
Thus: 

"  But  why  should  I  detain  the  Senate,  or 
needlessly  waste  my  breath  in  fniitless  exer- 
tions.   Ths  decree  has  gone  forth.    It  is  one  of 
urgency,  too.    The  deed  is  to  be  done — that  foul 
deed  which,  like  the  blood-stained  hands  of  the 
guilty  Mc.cbeth,  all  ocean's  waters  will  never 
wash  out.     Proceed,  then,  with  the  noble  work 
which  lies  before  you,  and,  like  other  skilful 
executioners,  do  it  quickly.   And  when  you  have 
perpetrated  it,  go  home  to  the  people,  and  tell 
them  what  glorious  honors  you  have  aciiicvcd 
for  our  common  country.    Tell  them  that  you 
have  extinguished  one  of  the  brightest  and 
purest  lights  that  ever  burnt  at  tiie  altar  of 
civil  libertj'.     Tell  them  that  you  have  silenced 
one  of  the  noblest  batteries  that  ever  thundered 
in  defence  of  the  constitution,  and  bravely  sjiiked 
the  cannon.     Tell  them  that,  henceforward,  no 
matter  what  daring  or  outrageous  act  any  Presi- 
dent may  perform,  you  have  for  ever  hermeti- 
cally sealed   the  mouth  of  the   Senate.     Tell 
theiii  that  he  may  fearlessly  assume  what  pow- 
ers he  ])leases,  snatch  from  its  lawful  custody 
the  public  purse,  command  a  military  detach- 
ment 10  enter  the  halls  of  the  capitol,  overawe 
Coiigross,  trample  down  the  constitution,  and 
raze  every  bulwark  of  freedom ;  but  that  the 
Senate  must  stand  mute,  in  silent  submission, 
and  not  dare  to  raise  its  opposing  voice.    That 
it  must  wait  until  a  House  of  Representatives, 
humbled  and  subdued  like  itself,  and  a  majority 
of  it  composed  of  the  partisans  of  the  Piesident, 
shall  prefer  articles  of  impeachment.    Tell  them, 
finally,  that  you  have  restored  the  glorious  doc- 
trines of  possiv'i  obedience  and  non-resistance. 
And,  if  the  people  do  not  pour  out  their  indig- 
)  itioii  and  imprecations,  I  have  yet  to  leai'n  the 
character  of  American  freemen." 

Mr.  Webster  spoke  last,  and  after  a  pause  in 
the  debate  which  seemed  to  indicate  its  ooncla- 


730 


THIRTY  YEARS'  VIEW. 


sion;  and  only  rose,  and  that  slowly,  as  the 
question  was  about  to  be  put.  IIavin{];  no  per- 
sonal frriefs  in  relation  to  General  JackKon  like 
Mr.  Calhoun  and  Mr.  Clay,  and  with  a  tempera- 
ment less  ardent,  he  delivered  himself  with  com- 
parative moderation,  confining  himself  to  a  brief 
protest  against  the  act ;  and  concluding,  in  mea- 
sured and  considered  language,  with  expressing 
his  grief  and  mortification  at  what  he  was  to 
behold;  thus: 

"  We  have  seen,  with  deep  and  sincere  pain, 
the  legislatures  of  respectable  States  instructing 
the  senators  of  those  States  to  vote  for  and  sup- 
port this  violation  of  the  journal  of  the  Senate ; 
and  this  |>ain  is  inlinitely  increased  by  our  full 
belief,  and  entire  conviction,  tiiat  most,  if  not 
all  these  proceedings  of  States  had  their  origin 
in  promptings  from  Washington ;  that  they 
have  bt«n  urgently  requested  and  insisted  on, 
as  being  necessary  to  the  accomplishment  of  the 
intended  purpose ;  and  that  it  is  nothing  else 
but  the  influence  and  power  of  the  executive 
branch  of  this  government  which  has  brought 
the  legislatures  of  so  many  of  the  free  States  of 
this  Union  to  quit  the  sphere  of  their  ordinary 
duties,  for  the  purpose  of  co-o|*erating  to  accom- 
plish u  measure,  in  our  judgment,  so  unconsti- 
tional,  so  derogatory  to  the  character  of  the 
Senate,  and  marke<l  with  so  broad  an  impression 
of  compliance  with  power.  But  this  resolution 
is  to  pass.  We  ex|)ect  it.  That  cause,  which 
has  been  iwwcrful  enough  to  influence  so  many 
State  legislatures,  will  show  itself  powerful 
enough,  especially  with  such  aids,  to  secure  the 
passage  of  the  resolution  here.  We  make  up 
our  minds  to  behold  the  spectacle  which  is  to 
ensue.  Wo  collect  ourselves  to  look  on,  in  si- 
lence, while  a  scene  is  exiubited  which,  if  we  did 
not  regard  it  as  a  ruthless  violation  of  a  sacred 
instrument,  would  ap|)ear  to  us  to  be  little  ele- 
vated above  the  character  of  a  contiB:<>ptible 
furoe.  This  scene  we  shall  behold ;  and  hun- 
dre<ls  of  American  citizens,  as  umuy  as  may 
crowd  into  these  lobbies  unci  galleries,  will  be- 
hold it  also :  with  what  feelings  I  do  not  under- 
take to  say." 

Midnight  was  now  approaching.  The  dense 
masses  which  filled  every  inch  of  room  in  the 
lobbies  and  the  galleries,  remained  immovable. 
No  one  went  out :  no  one  could  get  in.  The 
floor  of  the  Senate  was  crammed  with  privileged 
penoi7«,  and  it  seemed  that  all  Congress  was 
tliii".  T'xpp- *<»ti'  n,  and  determination  to  see 
thecowcii;-  t  i'  *as  t'  •(  icted  upon  every  coimte- 
nance.  It  v.'-  evident  there  was  to  Ix-  no  ad- 
jc  imiienC  uof  il  ih?  vot>  should  be  taken  —until 
flu  f?..i;d  yusdo.u-;  brsd  ♦?  's  a«i)oct  i  inviiiri- 
iimuiiu,  h^u  Its  vdect  uj)ou  the  ranks 


bled  ur 


of  the  opposition.  They  began  to  falter  under 
a  useless  persistence,  for  they  alone  now  did  the 
speaking;  and  while  Mr.  Webster  was  yet  re- 
citing his  protest,  two  senators  from  the  oppo- 
site side,  who  had  been  best  able  to  maintain  their 
equanimity,  came  round  to  the  author  of  this 
View,  and  said  "  This  question  has  degenerated 
into  a  trial  of  nerves  and  muscles.  It  has  be- 
come a  question  of  physical  endurance ;  and  we 
see  no  use  in  wearing  ourselves  out  to  keep  off 
for  a  few  hours  longer  what  has  to  come  before 
we  separate.  Wo  see  that  you  are  able  and 
determined  to  carry  your  measure :  so  call  the 
vote  as  soon  as  you  please.  We  shall  say  op 
more."  Mr.  Webster  concluded.  No  one  rose. 
There  was  a  pause,  a  dead  silence,  and  an  intense 
feeling.  Presently  the  silence  was  invaded  by 
the  single  word  "question" — the  parliamen- 
tary call  for  a  vote — rising  from  the  seats  of 
different  senators.  One  blank  in  the  resolve 
remained  to  be  filled — the  date  of  its  adoption. 
It  was  done.  The  acting  president  of  the  Se- 
nate, Mr.  King,  of  Alabama,  then  directed  the 
roll  to  bo  called.  The  yeas  and  nays  had  been 
previo<i8ly  orderr",  and  proceeded  to  be  called 
by  the  secretary  of  the  Senate,  Mr.  Asbiiry 
Dickens.  Forty-three  senators  wem  present, 
auHWcring :  five  absent.    The  yeas  were : 

"Messrs.  Benton,  Brown,  Buchanan,  Dana, 
Rwing  of  Illinois,  Fulton,  Gnmdy,  Hubbard, 
King  of  Alabama,  Linn,  Morrjs,  Nicholas,  NiJcg, 
Page,  Hives,  Kobinson,  Buggies,  Sevier,  Strange, 
Tallmadge,  Tipton,  Walker,  Wall,  Wright. 

"Navs. — Messrs.  Bayard,  Black,  Calhoun, 
Clay,  Crittenden,  Davis,  Ewing  of  Ohio,  Hen- 
dricks, Kent,  Knight,  Moore,  Prentiss,  Preston, 
Hohbins,  Southard,  Swift,  Tomlinson,  Webster, 
Whiu«." 

The  passage  of  th^  resolution  was  announrod 
from  the  chair.  Mr.  Benton  rose,  and  said  that 
nothing  now  remained  bnt  to  execute  the 
order  of  the  Senate ;  which  he  moved  be  done 
forthwith.  It  was  ordered  according!}'.  The 
Secretary  thereupon  produwd  the  original 
manuscript  journal  of  the  Senate,  aiul  o|H'ning 
at  the  page  wJiich  contained  the  condemnatory 
sentence  of  March  28th,  1834,  proceeded  in 
(>|)en  Senate  to  draw  a  square  of  broad  black 
lines  around  the  sentence,  and  to  Nvrito  ai-ross 
its  fiice  in  strong  letters  these  wonls:  "Ex- 
punged by  order  of  the  Stiiate,  this  ITtth  day 
of  March,  1837."    Up  to  this  momcul  thectcwd 


ANNO  1837.     ANDREW  JACKSON,  PRESIDENT. 


731 


They  began  to  falter  under 
CO,  for  they  alone  now  did  the 
lie  Mi.  Webster  was  yet  ro- 
two  Bcnators  from  the  oppo- 
)ccn  best  able  to  maintain  their 
round  to  the  author  of  this 
This  question  has  degenerated 
•ves  and  muscles.  It  has  be- 
)f  physical  endurance ;  and  we 
iring  ourselves  out  to  keep  off 
inger  what  has  to  come  before 
''o  see  that  you  are  able  and 
rry  your  measure :  so  call  the 
irou  please.  We  shall  say  np 
ibster  concluded.  No  one  rose, 
so,  a  dead  silence,  and  an  intense 
tly  the  silence  was  invaded  by 
1  "question"— the  parliamcn- 
^ote— rising  from  the  seats  of 
rs.  One  blank  in  the  resolve 
filled— the  date  of  its  adoption. 
^ho  acting  president  of  the  Sc- 
,  of  Alabama,  then  directed  the 
I.  The  yeas  and  nays  had  hecn 
,nv  and  proceeded  to  be  called 
ry  of  the  Senate,  Mr.  Asbury 
ty-three  senators  wero  present, 

absent.    The  yeas  were: 

inton,  Brown,  Buchanan,  Dana, 
lois,  i^ulton,  Onmdy,  Ilubbiird, 
na  Linn.  Morrjrt,  >Jichola8,  Nilcg, 
kbinson,  Buggies,  Sevier,  Strange, 
ton.  Walker,  Wall,  Wright. 

Urs.  Bayard,  Black,  Calhoun, 
in  Davis,  Ewing  of  Ohio,  Ikn- 
.night,  Moore,  Prentiss,  Preston, 
lard.  Swift,  Tomlinson,  WebsUr, 

I  of  tha  resolution  wa-s  announced 
Mr.  Benton  rose,  and  said  th»t 
[remained  but    to   execute   th« 
jjiiatc ;  which  he  moved  be  done 
J  wiw  ordered  accordinglj.    The 
Ircuiwn    produced     the    original 
Irnal  of  the  Senate,  and  opiiiing 
lich  contained  the  condemnatory 
llarch  28th,   1834,   proceeded  in 
1  draw  a  square  of  broad  black 
l,c  sentence,  and  to  v  rite  across 
long  letters  these  words :  "  EX" 
Ir  of  the  Sumte,  this  K.lh  day 
f.'»    Up  to  this  moment  the  crcwd 


in  the  great  circular  gallery,  looking  down  upon 
the  Senate,  though  sullen  and  menacing  in  their 
looks,  had  mode  no  manifestation  of  feeling ; 
and  it  was  doubtless  not  the  intention  of  Mr. 
Webster  to  excite  that  manifestation  when  ho 
referred  to  their  numbers,  and  expressed  his  ig- 
norance of  the  feeling  with  which  they  would 
see  the  deed  done  which  he  so  much  deprecated. 
Doubtless  no  one  intended  to  excite  that  crowd, 
mainly  composed,  as  of  usual  since  tho  bank 
question  began,  of  friends  of  that  institution  ; 
but  its  appearance  became  such  that  Senator 
Linn,  colleague  of  Senator  Benton,  Mr.  George  W. 
Jones,  since  senator  from  Iowa,  and  others  sent 
out  and  brought  in  arms ;  other  friends  gathered 
«fl)out  him  ;  among  them  Mrs.  Benton,  who,  re- 
membering what  had  happened  to  General 
Jackson,  and  knowing  that,  after  him,  her  hus- 
band was  most  obnoxious  to  tho  bank  party, 
had  her  anxiety  sufflciontly  excited  to  wish  to 
be  near  him  in  this  concluding  scone  of  a  seven 
years'  contest  with  that  great  moneyed  jiower. 
ThinjiM  were  in  this  state  when  tho  Secretary 
of  the  Senate  began  to  perform  tho  expunging 
process  on  the  manuscript  joumol.  Instantly 
a  storm  of  hisses,  groans,  and  vociferations 
nro.se  from  tho  left  wing  of  the  circular  galleiy, 
over  tho  head  of  Senator  Benton.  The  presid- 
ing officer  promptly  gave  the  order,  which  tho 
rules  prescribe  in  such  cases,  to  clear  the  gallery. 
Mr.  Beuton  opposed  tho  order,  saying : 

"I  hope  the  galleries  will  noi  be  cleared,  as 
many  innocent  persons  will  bo  excluded,  who 
have  been  guilty  of  no  violation  of  order.  I^ct 
tho  ruflians  who  have  made  tho  disturbance 
alone  lie  punished:  let  them  be  apprehended. 
I  hope  the  sergeant-at-arms  will  be  directed  to 
enter  tho  gallery,  and  seize  the  ruffians,  ascer- 
taining who  they  aro  in  the  best  way  lie  can. 
Let  him  apprehend  them  and  bring  them  to  the 
bur  of  the  Senate.  I.«t  him  si'ize  the  l)ank  ruf- 
fians. I  hope  that  they  will  not  now  Iks  suRereil 
to  insult  tho  Senate,  as  they  did  when  it  was 
under  the  power  of  the  Bank  of  the  Unitetl 
States,  when  ruffians,  with  arms  uimn  them, 
insulted  us  with  impunity.  Let  them  be 
taken  and  brought  to  the  bar  of  the  Senate. 
Ilerc  is  one  just  above  tne,  that  may  easily  be 
identitied— tho  bank  ruffians ! " 

Mr.  Benton  knew  that  ho  was  the  object  of 
this  outrage,  and  that  the  way  to  treat  these 
gubaltern  wretches  was  to  defy  and  seize 
tliuni,  and  havo  them  dragged  as  criminals  to 
tlic  bar  of  tho  Senate.    They  were  congregated 


immediately  over  his  head,  and  had  evidently 
colliH-ted  into  that  place.  His  motion  was  agreed 
to.  The  order  to  clear  tho  galleries  was  revoked ; 
the  order  to  seize  tho  disturbers  was  given,  and 
immediately  exccute<I  by  the  energetic  sergeant- 
at-arms,  Mr.  John  Shackford,  Kud  his  assistants. 
Tho  ringleader  was  seized,  and  brought  to  tho 
bar.  This  sudden  example  intimidated  the  rest ; 
and  tho  expunging  process  was  performed  in 
quiet.  The  whole  scene  was  impressive ;  but 
no  part  of  it  so  much  so  as  to  see  tiie  great 
leaders  who,  for  seven  long  years  had  warred 
upon  General  Jackson,  and  u  thousand  times 
pronounced  him  ruined,  each  rising  in  his  place, 
with  pain  and  reluctance,  to  confess  themselves 
vanquished — to  admit  his  power,  and  their  weak- 
nes.s — and  to  exhale  their  griefs  in  unavailing 
reproaches,  and  impotent  deprecations.  It  was 
a  tribute  to  his  invincibility  which  cast  into  the 
shade  all  the  eulogiums  of  his  friitnds.  Tho 
gratification  of  General  Jackson  was  extreme. 
He  gave  a  grand  dinner  to  the  expungers  (as 
they  were  called)  and  their  wives ;  and  being 
too  weak  to  sit  at  the  table,  he  only  met  the 
company,  placed  the  "  head-ex pungcr"  in  his 
chair,  and  withdrew  to  his  sick  chamber.  That 
expurgation !  it  was  tho  ''crowning  mercy  "  of 
his  civil,  as  New  Orleans  had  been  of  his  mili« 
tary,  life ! 


CHAPTER    CLXM. 

THE  SUPREMK  COUUT-JUDOES  AN         KFICERS. 

The  death  of  Chief  Justice  MarsI  md  vacated 
that  high  office,  and  Roger  B.  '1  tn.  y,  £.sq.,  was 
nominated  to  fill  it.     He  still  unlered  op- 

position in  the  Senate ;  but  only  Mightoshow 
how  much  that  opiiosition  1  :  leclined  sinc« 
the  time  when  he  was  reject  ue  Secretary  of 
tho  Treasury.  The  vote  agumst  his  confirma- 
tion was  roiluced  to  fifteen ;  namely :  Messrs. 
Black  of  Mississippi;  Calhoun,  C!:iy,Ciittenden; 
Ewing  of  Ohio ;  Leigh  of  Virginia ;  Mangum ; 
Naudain  of  Delaware;  Porter  of  Louisiana; 
Preston ;  Bobbins  of  Rhode  Island  ;  Southard, 
Tomiinson,  Webster,  White  of  !\i. 'lessee. 

Among  tho  Justices  of  the  ht.^jreme  Court, 
these  changes  took  place  from  the  commeuco* 


732 


TllIRlT  YEARS*  VIEW. 


ment  of  tliis  View  to  the  end  of  General  Jack- 
son's ndminist  ration :  Smith  Tliompeon,  Esq., 
of  New  York,  in  1823,  in  place  of  BrockhoUt 
Livingston,  Esq.,  deceased ;  Robert  Trimble,  Esq., 
of  Kentucky,  in  182(5,  in  place  of  Thomas  Todd, 
deceascfl ;  John  McLean,  Esq.,  of  Ohio,  in  1829, 
in  place  of  Robert  Trimble,  decease*! ;  Henry 
Baldwin,  Esq.,  of  Pennsylvania,  in  1830,  in  place 
of  Bushrod  Washington,  deceased;  James  M. 
Wayne,  Esq.,  of  Georgia,  in  1835,  in  place  of 
William  Johnson,  deceased;  Philip  P.Barbour, 
Esq.,  of  Virginia,  in  183G,  in  place  of  Gabriel 
Duval,  resigned. 

In  the  same  time,  William  Griffith,  Esq.  of 
New  Jersey,  was  appointed  Clerk,  in  1826,  in 
place  of  Elias  B.  Caldwell,  deceased ;  and  Wil- 
liam Thoma.s  Carroll,  Esq.,  of  the  District  of 
Columbia,  was  appointed,  in  1827,  in  place  of 
William  Griffith,  deceased.  Of  the  reporters 
of  the  decisions  of  the  Supreme  Court,  Richard 
Peters,  jr.,  Esq.,  of  Pennsylvania,  was  appointed, 
in  1828,  in  place  of  Henry  Wheaton;  and  Ben- 
jamin C.  Howard,  Esq.,  of  Maryland,  was  ap- 
pointed, in  1843,  to  succeed  Mr.  Peters,  de- 
ceased. 

The  Marshals  of  the  District,  during  the 
same  i)eri(Kl,  were :  Henry  Ashton,  of  the  Dis- 
trict of  Colundiia,  appointed,  in  1831,  in  plucc 
of  Tench  Ringgold  ;  Alexander  Hunter,  of  the 
same  District,  in  place  of  Henry  Ashton  ;  !{o!)crt 
Wallace,  in  1848  in  place  of  Alexander  Hunter, 
deceased  ;  Richard  Wallach,  in  1841),  in  place  of 
Robert  Wallace ;  and  Jonah  D.  Hoover,  in  1853, 
in  place  of  Richard  Wallach. 


CHAPTER    CLXIII. 

ITAREWELL  ADDRESS  OF  PUESIDENT  JACKSON— 
EXTRACT. 

Following  the  example  of  Washington,  Gene- 
ral Jackson  issued  a  Farewell  Address  to  tin- 
people  of  the  United  States,  at  his  retiring  from 
the  pi-esidency  ;  ami,  like  that  of  Washington, 
it  was  principally  devoted  to  the  danger  of  dis- 
uiuoii,  and  to  the  prewrvation  of  harmony  and 
good  feeling  between  the  dttferent  sections  of 
the  country,  (lenera!  Washington  only  had  to 
contemplate  the  danger  of  disunion,  as  a  possi- 
bility, and  a.s  an  eveut  of  future  cuatingeucy ; 


General  Jackson  had  tocon{W)nt  it  as  a  present, 
actual,  subsisting  danger  ;  and  said : 

"  We  behold  systematic  efforts  publicly  ma'lo 
to  sow  the  seeds  of  discord  between  different 
parts  of  the  United  States,  and  to  place  party 
divisions  directly  upon  g;eogranhical  diatinctions; 
to  excite  the  South  against  tnc  North,  an<l  tlie 
North  against  the  South,  and  to  force  into  thr 
controversy  the  most  delicate  and  exciting  to- 

[)ic8 — topics  u|K)n  which  it  is  im|)088ib!e  that  a 
argc  portion  of  the  Union  can  ever  speak  wlili- 
out  strong  emotion.  Appeals,  too.  are  constantly 
made  to  sectional  interests,  in  order  to  influence 
the  election  of  the  Chief  Magistrate,  as  if  it  were 
desired  that  he  should  favor  a  particular  qiiartt  r 
of  the  country,  instead  of  fulfilling  the  duties 
of  his  station  with  impartial  justice  to  all ;  and 
the  possible  dissolution  of  the  Union  has  iit 
length  become  an  ordinary  and  familiar  suhjcot 
of  discussion.  Has  the  warning  voice  of  Watih- 
ington  been  forgotten?  or  have  designs  alreaily 
been  forme<l  to  sever  the  Union  ?  Let  it  not  lie 
supposed  that  1  impute  to  all  of  those  who  l>Hve 
taken  an  active  part  in  these  unwise  and  imi|ii(i- 
fltablo  discussions,  a  want  of  patriotism  or  nf 
public  virtue.     The  honorable  feeliiifrs  of  SU\iv 

|)ridc,  and  local  attachments,  (inil  a  place  in  tlic 
losoms  of  the  most  eidightened  and  pnii".  Hut 
while  such  men  are  conscious  of  their  own  in- 
tegrity an<l  honesty  of  purpose,  they  •mj.'lit 
never  to  forget  that  the  citizens  of  other  ,Stat(  s 
arc  their  political  brethren  ;  and  that,  however 
mistaken  they  may  be  in  their  views,  the  jrnal 
body  of  them  are  equally  honest  and  M))i'i<:lit 
with  themselves.  Mutual  suspicions  ami  iv- 
proaches  may  in  time  create  mutual  hostility : 
and  artful  and  de^igning  men  will  alw.ivs  ln' 
foun<l,  who  are  ready  to  ioment  these  fatal  divi- 
sions, and  to  inHame  the  natural  Jealousies  nf 
ditlerent  sections  of  the  country  !  The  history 
of  the  world  is  full  of  such  examples,  and  {:s\n:- 
cially  the  history  of  republics. 

"  What  have  you  to  gain  by  division  and  dis- 
sension  7  Delude  not  yourselves  with  the  in- 
lief,  that  a  brt-aeh,  once  made,  may  be  aflerwanls 
repaired.  If  the  I'nion  is  once  severed,  the  line 
of  separation  will  grow  wider  and  wider ;  and 
the  controversies  which  are  now  deltated  and 
settled  in  the  halls  of  legi8lati(m,  will  then  lie 
tried  in  fields  of  battle,  and  determined  by  the 
sword.  Neither  should  you  deceive  yonr»*elves 
with  the  hojie,  that  the  first  line  of  separatiun 
would  be  the  permanent  one,  and  that  not  Inn:: 
but  harmony  and  concord  would  be  found  in 
the  new  associations  formed  u|)on  the  disHulu- 
tion  of  this  Unicuj.  Local  interests  would  still 
Ih!  found  there,  and  unchasteniHl  ambition.  And 
if  the  ri>collection  of  connnon  dangers,  in  wliich 
the  people  of  these  United  States  stood  side  l>y 
side  against  the  connnon  foe — the  memory  of 
victories  won  by  their  united  valor;  the  pro.s- 
|icrity  and  happiness  thev  have  enjoyed  under 
the  present  constitutioti ;  the  proud  name  they 
bear  us  citizeus  uf  this  great  republic— if  all 


m 


ANNO  1837.    ANDREW  JACKSON,  PRFSIDENT. 


733 


,ul  to  confront  it  M  a  present, 
langcr ;  and  said : 

tematic  efforts  publiclv  mwle 
„f  .liscord  between  diffi-itiit 
(1  States,  and  to  place  party 
inon  ECORraphical  diatinctioiis; 
h  acainst  the  Nortli,  and  t  uj 
,  South,  and  to  f«)rce  into  the 
noBt  delicate  and  excitinji  t«- 
which  It  is  imiwssible  tluit  n 
he  Union  can  ever  speak  with- 
II    Appeals,  too.  are  constantly 
interests,  in  order  to  inHiieua' 
B  Chief  Magistrate,  as  if  it  wire 
jould  favor  a  particular  quarts  r 
instead  of  fulflllinR  the  duties 
Lh  impartial  justice  to  all ;  aiul 
solution  of  the  Union  bus  at 
„  ordinary  and  familiar  subj.ct 
lias  the  warning  voice  of  ^^  uA\- 
otten?  or  have  designs  iilniuly 
*.ver  the  Union  ?     Let  it  ix.t  1* 
impute  to  all  of  those  who  liim- 
Dart  in  these  unwise  un<l  uni.id- 
ms,  a  want  of  patriotism  or  ot 
The  honorable  feeliiif:s  of  Stntu 
attachments,  find  a  place  111  tlu- 
nost  enlightened  and  pun-.    Hut 
,  are  conscious  of  their  own  m- 
:,nesty  of  purpose    they   o„|:ht 
that  the  rilizens  of  other  Maltx 
fal  brethren;  and  that,  bowcv.r 
may  be  in  their  views,  the  jin  at 
ire  equally  honest  and  upn-ht 
109      Mutual  suspicions  ami  n- 
\n  time  create  mutual  liostiiitv : 
de^:zning  men  will  always  lie 
ready  to  f.mient  these  fatal  .livi- 
iHame  the  natural  jealoiisios  df 
lis  of  the  country  !    The  history 
full  of  such  examples, and  tsi^- 
,rv  of  republics. 
v,.u  to  gain  by  division  and  .  is- 
lule  not  y.mrselvcs  with  the  iic- 
ih,  once  made,  may  be  a  leiwaids 
Ik-  i:iiion  is  once  severed,  llie  line 
vill  grow  wider  and  wider;  aiu 
lies  which  are  now  delmf-d  an.l 
lalLs  of  legislation,  will  then  be 
,f  battle,  and  determinwl  by  the 
cr  should  you  deceive  yourselves 
'  that  the  first  line  of  separation 
ipermanent  one,  and  that  iiolliin,' 
ind  concord  would  be  fomul  .n 
lalions  fonned  ui)on  the  ( is.o  ..- 
,,ioii.     Local  interests  would  »til 
and  unchastemHl  ambition.   An.l 
ion  of  common  dangers,  in  vvliuh 
these  United  States  kIo.hI  side  l.> 
|,c  common  foe-lhe  memory  of 
[by  their  united  valor ;  tlie  i.n.v 
Liness  thev  have  ei.joye.l  under 
LUituthm  •,  the  proud  name  they 
us  of  this  great  rcpubhc-il  au 


these  recollections  an<l  proofs  of  common  inter- 
est are  not  strong  enough  to  bind  us  together 
as  one  people,  what  tic  will  hold  united  the  new 
divisions  of  empire,  when  these  bonds  have  l)een 
broken  and  this  Lnion  di.s«evered?  The  first 
lino  of  separation  would  not  last  for  a  single 
generation;  new  fragments  would  bo  torn  off; 
new  leaders  would  spring  up ;  and  this  great 
and  glorious  republic  would  soon  be  broken  into 
a  multitude  of  petty  States,  without  commerce, 
without  credit ;  jealous  of  one  another  ;  armed 
for  mutual  aggressions;  loadwl  with  ♦a.xcs  to  pay 
armies  and  leaders ;  seeking  aid  against  each 
other  from  foreign  powers  :  insulted  and  tram- 
pled upon  by  the  nations  of  Europe;  until,  har- 
assed with  confiicts,  and  humbled  and  debased 
in  spirit,  they  would  Ik;  ready  to  submit  to  the 
absolute  dominion  of  any  military  adventurer, 
and  to  surrender  their  liber*"  for  the  sake  of 
repose.  It  is  impossible  to  look  on  the  conse- 
quences that  would  inevitably  follow  the  destruc- 
tion of  this  government,  and  not  feel  indignant 
when  we  hear  cold  calculations  about  the  value 
of  the  Union,  and  have  so  constantly  before  us 
a  line  of  conduct  so  well  calculated  to  weaken 
its  ties." 

Nothing  but  the  deepest  conviction  of  an  ac- 
tual danger  could  have  induced  General  J-  kson, 
in  this  solemn  manner,  and  with  such  ;  minted 
reference  and  obvious  application,  to  havo  given 
this  warning  to  his  countrymen,  at  that  last 
moment,  when  he  was  quitting  office,  and  re- 
turning to  his  home  to  die.  He  was,  indeed, 
firmly  impres-sed  with  a  sense  of  that  danp^' — 
as  much  so  as  Mr.  Madison  was — ami  with  the 
same  "'pain"  of  feeling,  and  presentiment  of 
great  calamities  to  our  country.  What  has 
since  t&V  n  place  has  shown  that  their  appre- 
hensions were  not  groumiles — that  the  danger 
was  deep-seated,  tKod  wuie-spread ;  and  the  end 
not  yet. 


picture  to  find  a  blemish  in  the  detail — disreganl- 
ing  a  statesman's  life  to  find  a  misstep ;  and  shut- 
ting their  eyes  upon  the  action  of  tnc  people.  Tho 
mistakes  and  errors  of  public  men  arc  fairly 
shown  in  this  work ;  and  that  might  .seem  to  justi- 
fy the  reproach  :  but  the  action  of  the  people  is 
immediately  seen  to  come  in,  to  correct  every 
error,  and  to  show  the  capacity  of  tho  people  for 
wi.sc  and  virtuous  government.    Tt  would  bo  te- 
dious to  enumerate  the  iitstunces  of  this  conserva- 
tive supervision,  so  continually  exem]dified  In  tho 
course  of  this  history ;  but  some  eminent  cases 
stand  out  too  prominently  to  Ihj  overU»oked. 
The  recharter  of  the  Bank  of  the  United  States 
was  a  favorite   measure  with  politicians ;  the 
people  rejected  it ;  and  the  wisdom  of  vheir  con- 
duct is  now  universally  admitted.     The  distri- 
bution of  land  and  money  was  a  favorite  mea- 
sure with  politicians  ;  the  people  condemned  it 
and  no  one  of  those  engaged  in  these  distribu- 
tions ever  attained  the  presidency.     President 
Jackson,  in  his  last  annual  message  to  Congress, 
and  in  direct  reference  to  this  conservative  ac- 
tion of  the  people,  declared  "  that  all  that  had 
occurred  during  his  ad'  I.,'  ^ration  was  calcula- 
ted to  inspire  him  wit      ,  ■      ,i-<ed  confidence  in 
the  stability  of  our  insututinns."    I  make  tho 
same  declaration,  founded  upon  tho  same  view 
of  the  conduct  of  the  people — upon  the  obser- 
vation of  their  conduct  in  trying  circumstances; 
and  their  uniform  discernment  to  see,  and  virtue 
and  patriotism  to  do,  whatever  the  honor  and 
interest  of  the  country  required.     The  work  is 
full  of  consolation  and  encouragement  to  jmpular 
government ;  and  in  that  point  of  view  it  may 
lie  safely  refem'<l  to  by  the  friends  of  that  form 
of  government.      I  have  written  voraciously 
and  of  acts,  iK»t  of  motives.    I  have  shown  a 
persevering  attack  upon  President  Jackson  on 
the  part  of  three  eminent  public  men  during  his 
whole  administration  ;  but  have  ma<le  no  attri- 
bution of  motives.     But  another  historian  has 
not  been  so  forbearing — one  to  whose  testimony 
ADMINI8-    *''^'"P  can  be  no  obje<'tion,  cither  on  account  of 
bias,  judgment, or  information;  and  who,  writing 
under  the  responsibility  of  history,  has  indicated 
The  enemies  of  popular  representative  govern-  '  a  motive  in  two  of  the  ii-ssaiiauts.     Jlr.  Adams, 
ment  may  suppose  that  they  find  something  in  '  in  his   history  of    the  administration  of  Mr. 
thid  work  to  justify  the  reproach  of  faction  and    Monroe,  gives  an  account  of  the  attempt  in  tho 
violence  which  they  lavish  upf»n  such  forms  of   two   Houses  of  Congress  in  1818,  to  censure 
povernment ;  but  it  will  be  by  committing  the    General   Jackson  for  hi.s  conduct  in  the  Semi- 
mistake  of  overlooking  the  broad  features  of  a    nolo  war,  and  says;  "Efforts  wore  made  in  Con- 


di A  P  T  E  11    ChXIV 

CONCLUSION  OF  OENKHAL   .IACKSON'8 
TKATION. 


734 


TinRTT  TEARS*  ^rew. 


grcstt  to  procure  a  vote  censnrini];  the  conduct 
of  OentTiil  Jackmtn,  wIiohc  fast  increasing  pop- 
ularity had,  in  all  probability,  already  excited 
the  envy  of  politicians.  Mr.  Clay  and  Mr.  Cal- 
houn in  particular  favored  this  movement ;  but 
the  President  himHcIf,  and  Mr.  AdamH,  the  Se- 
cretary of  State,  who  had  charge  of  the  Spanish 
negotiation,  warmly  eH|)ouac<l  the  cause  of  the 
American  commander."  This  fear  of  a  rising 
popularity  was  n  it  without  reason.  There  were 
proposals  to  bring  General  Jackson  forward  for 
the  presiflency  in  1810,  and  in  1820;  to  which 
he  would  not  listen,  on  account  of  his  friendship 
to  Mr.  Monroe.  A  refusal  to  enter  the  canvass 
at  those  periods,  and  for  that  reason,  naturally 
threw  him  into  it  in  1 824,  when  ho  would  come 
into  competition  with  those  two  gentlemen. 
Their  opposition  to  him,  thcref'/ro,  dates  back 
to  the  first  term  of  Mr.  ^[o^.fo«'8  administra- 
tion ;  that  of  Mr.  Clay  opoiily  and  responsibly ; 
that  of  Mr.  Calhoim  Kccetly  and  dcceptiously, 
as  shown  in  the  "  Exposition."  They  were  both 
of  the  same  political  party  school  with  General 


Jackson ;  and  it  was  probably  his  riiiing  to  the 
head  of  that  party  which  threw  them  both  out 
of  it.  Mr.  Webster's  op[)osition  arose  from  his 
political  relations,  as  belonging  to  the  opposite 
school ;  and  was  always  more  moderate,  and 
better  guarded  by  decorum.  He  even  appeared, 
sometimes,  as  the  justifler  and  supporter  of 
President  Jackson's  measures  ;  as  in  the  well- 
known  instance  of  South  Carolina  nullification. 
Mr.  Clay's  efforts  were  limited  to  the  over- 
throw of  President  Jackson ;  Mr.  Calhoun's  ex- 
tended to  the  overthrow  of  the  Union,  and  to 
the  establishment  of  a  southern  confederacy  of 
the  slave  States.  The  subsequent  volume  w  II 
have  to  pursue  this  subject. 

This  chapter  ends  the  view  of  the  administra- 
tion of  President  Jackson,  promised  to  him  in 
bK  lifetime,  constituting  an  entire  work  in  it- 
self, and  covering  one  of  the  most  eventful  jpc- 
riodj  of  American  history — as  trying  to  the 
virt  le  and  intelligence  of  the  American  people 
ay  was  the  war  of  the  revolution  to  their  cour- 
age and  patriotism. 


mui 


ANNO  1837.    MARTIN  VAN  BUREN,  rRESIDEXT. 


735 


8  probably  his  rifling  to  th« 
which  threw  them  both  out 
r'B  opposition  arose  from  his 
IS  belonging  to  the  opposite 
ilwnys  more  moderate,  and 
Iccorum.    He  even  appearwl, 
justiflcr  and  supporter  of 
'8  measures ;  as  in  the  well- 
South  Carolina  nulliflcation. 
were  limited  to  the  ovcr- 
JackBon ;  Mr.  Calhoun's  or.- 
erthrow  of  the  Union,  and  to 
of  a  southern  confederacy  of 
The  subsequent  volume  w  11 
IS  subject. 

lis  the  view  of  the  adminictra- 
Jackson,  promised  to  him  in 
ituting  an  entire  work  in  it- 
one  of  the  most  eventful  ,ie- 
tn  history— as  trying  to  the 
Tcnce  of  the  American  people 
f  the  revolution  to  their  cour- 
n. 


CHAPTER    CLXV. 

BKTiniNO  AND  DEATH  OP  GENERAL  JACKSON-AD.MINl!iTKATION  OP  MASTIN  VAN  BCttKN. 


The  second  and  last  term  of  General  Jack- 
son's presidency  expired  on  the  3d  of  March, 
1837.  The  next  day,  at  twelve,  he  appeared 
with  his  successor,  Mr.  Van  Buren,  on  the  ele- 
vated and  spacious  eastern  portico  of  the  capitol, 
as  one  of  the  citizens  who  came  to  witness  the 
inaguration  of  the  new  President,  and  no  way 
distinguished  from  them,  except  by  his  place  on 
the  left  hand  of  the  President  elect.  Tlie  day 
was  benutiful — clear  sky,  balmy  vernal  sun, 
tranquil  atmosphere ; — and  the  assemblage  im- 
mense. On  foot,  in  the  largo  area  in  front  of 
the  steps,  orderly  without  troops,  and  clo.scly 
wedged  together,  their  faces  turned  to  the  por- 
tico— presenting  to  the  Ijeholders  from  all  the 
eastern  windows  the  appearance  of  a  field  paved 
with  human  faces.  This  vast  crowd  remained 
riveted  to  their  places,  and  profoundly  silent, 
until  the  ceremony  of  inauguration  was  over. 
It  was  the  stillness  and  silence  of  reverence  and 
affection ;  and  there  w&s  no  room  for  mistake  as 
to  whom  this  muto  and  impressive  homage  was 
naidered.  For  once,  the  rising  was  ecliiised  by 
the  setting  sun.  Though  disrobed  of  power, 
and  retiring  to  the  shades  of  private  life,  it  was 
oviduut  that  the  great  ex-President  was  the  ab- 
sorbing object  of  this  intense  reganl.  At  the 
moment  he  began  to  descend  the  broad  steps  of 
the  portico  to  take  his  seat  in  the  open  carriage 
which  was  to  bear  him  away,  the  deep  repressed 
feeling  of  the  dense  mass  brook  forth,  acclama- 
tions and  cheers  bursting  from  the  heart  and 
filling  the  air — such  as  power  never  comnmndetl, 
nor  man  in  power  received.  It  was  the  affec- 
tion, gratitude,  and  admiration  of  the  living  age, 
saluting  for  the  last  time  a  great  man.  It  was 
the  acclaim  of  posterity,  breaking  from  the 
bosoms  of  C(mtoinpor.irie8.  It  was  the  antici- 
pation of  futurity — unpurcbasablo  homage  to 


the  hero-patriot  who,  all  his  life,  and  in  all  cir- 
cumstiiiices  of  his  life,  in  peace  and  in  war,  and 
glorious  in  each,  had  been  the  friend  of  his 
country,  devoted  to  her,  regardless  of  self.    Un- 
covered, and  bowing,  with  a  look  of  unaffected 
humility  and  thankfulness,  he  acknowledged  in 
muto  signs  his  deep  sensibility  to  this  affecting 
overflowof  popular  feeling.  I  was  looking  doww 
from  a  side  window,  and  felt  an  emotion  which 
had  never  passed  through  me  before.  I  had  seen 
the  inauguration  of  many  presidents,  and  their 
going  away,  and  their  days  of  state,  vested  with 
|)Ower,  and  surrounded  by  the  splendors  of  the 
first  magistracy  of  a  great  republic.     But  they 
all  api)eared  to  be  as  pageants,  empty  and  soul- 
less, brief  to  the  view,  unreal  to  the  touch,  and 
soon  to  vanish.    But  here  there  seemed  to  be  a 
reality — a  real  scene — a  man  and  the  people — 
he,  laying  down  power  and  withdrawing  through 
the  portals  of  everlasting  fame ; — thty,  s<iunding 
in  his  ears  the  everlasting  plaudits  of  unborn 
generations.    Two  days  after,  I  saw  the  patriot 
ex-Piesident  in  the  car  which  bore  him  off  to 
his  desired  seclusion.    I  saw  him  depart  with 
that  look  of  quiet  enjoyment  which  bespoke  the 
inwanl  satisfaction  of  the  soul  at  exchanging  the 
cares  of  office  fir  the  repose  of  home.    History, 
poetry,  oratory,  marble  and  brass,  will  hand 
down  the  military  exploits  of  Jackson  :   this 
work  will  commemorate  the  events  of  his  civil 
administration,  not  less  glorious  than  his  mili- 
tary achievements,  great  as  they  were  ;  and  this 
brief  notice  of  his  last  appearance  at  the  Ame- 
rican capital  is  intended  to  preserve  some  faint 
momoiy  of  a  .'■cenc,  the  grandeur  of  which  was 
so  impressive  to  the  beholder,,  and  the  solace  of 
which  must  have  been  so  grateful  to  the  heart 
of  the  departing  patriot. 
Eight  years  afterwords  he  died  at  the  Ilermitr 


'  ■ 


. 


736 


TllIR'n'  YEARS'  VIEW. 


k:I:» 


af^>,  in  tlie  full  poHsosBion  of  all  hi.H  rucultic!<, 
and  strong  to  the  liiHt  in  tlio  ruling  passion  of 
his  soul — love  of  country.  Public  history  will 
do  justice  to  his  public  life;  but  a  further  notice 
is  wanted  ')f  him — u  notice  of  the  donu-stic 
man — of  the  nmn  at  home,  with  his  wife,  his 
friends,  his  neighbors,  his  slaves ;  and  this  I  feel 
some  (lualification  for  giving,  from  my  long  and 
varied  acquaintance  with  him.  First,  his  inti- 
mate and  early  friend — then  a  rude  rupture — 
afterwards  friendship  and  intimacy  for  twenty 
years,  and  until  his  death  :  in  all  forty  years  of 
personal  observation,  in  the  double  relation  of 
friend  and  foe,  and  in  all  the  walka  of  life,  public 
and  private,  civil  and  military. 

The  ilrst  time  that  I  suw  General  Jackson 
was  at  Nosh vi lie,  Tennessee,  in  1799 — ho  on 
the  bench,  a  judge  of  the  then  Superior  Court, 
uD'l  I  a  youth  of  seventeen,  back  in  the  crowd, 
lie  was  then  a  remarkable  man,  and  had  his 
ascendant  over  all  who  approached  him,  not  the 
effect  of  his  high  judicial  station,  nor  of  the 
HCDatoriuI  rank  which  he  hud  held  and  resigned ; 
nor  of  military  exploits,  for  he  had  not  then 
been  to  war ;  but  the  effect  of  |iersonul  (jualities  ; 
cordial  and  graceful  manners,  hospitable  tem])i'r, 
elevation  of  mind,  undaunted  spirit,  generosity, 
and  iwrfcct  integrity'.  In  charging  the  jury  in 
the  im])ending  cu.se,  he  committed  a  slight  so- 
lecism in  language  which  grated  on  my  ear,  and 
lodged  on  my  memory,  without  derogating  in 
the  least  from  the  resia-ct  which  he  inspired  ; 
and  without  awakening  the  slightest  suspicion 
that  I  was  ever  to  be  engaged  in  smoothing  his 
diction.  The  first  time  I  spoke  with  him  was 
Boinc  years  after,  at  a  (then)  frontier  town  in 
Tennessee,  when  he  was  returning  from  a 
Southern  visit,  which  brought  him  through  the 
towns  and  camps  of  some  of  the  Indian  tribes. 
In  ])ulling  off  his  overcoat,  I  perceived  on  the 
white  lining  of  the  turning  down  sleeve,  a  dark 
speck,  which  had  life  and  motion.  I  brushed  it 
oir,  and  put  the  heel  of  my  shoe  upon  it — little 
thinking  that  I  was  ever  tj  brush  away  fwm 
him  game  of  a  very  different  kind.  lie  smiled; 
and  we  began  a  convcrsution  in  which  he  very 
quickly  revealed  a  leading  trait  of  his  charac- 
ter,— that  of  encouraging  young  nien  in  their 
luu(i»ble  pursuits.  Getting  my  name  and  parent- 
age, and  learning  my  intended  profession,  he 
manifested  a  regard  for  me,  said  he  hud  received 
liospitality  at  my  father's  house  in  North  Caro- 


lina, gave  me  kind  invitations  to  visit  him  ;  and 
expressed  a  belief  that  I  would  <Io  well  at  the 
bar — generous  words  which  had  the  clftct  of 
promoting  what  they  undertook  to  foretell.  Soon 
after,  he  had  further  op|iortunity  to  show  his 
generous  feelings.  I  was  employed  in  a  crimi- 
nal case  of  great  magnitude,  where  the  oldest 
and  ablest  counsel  apiK-ared — IIaywoo<l,  (Jnmdy, 
Whiteside, — and  the  trial  of  which  Gimral 
Jackson  attended  through  concern  for  the  fate 
of  u  friend.  As  junior  counsel  I  had  to  pre- 
cede my  elders,  and  did  my  l>est ;  and,  it  licing 
on  the  side  of  his  feelings,  he  fouml  my  effort  to 
be  Ix'ttcr  than  it  was.  He  complimented  nio 
greatly,  and  from  that  tin<'!  our  intimacy  iR'gan. 
I  Boon  after  l)ecame  his  aid,  he  lK>ing  u  Major 
Oenend  in  the  Tennessee  militia — made  so  by 
a  miyority  of  one  vote.  How  much  often  de« 
pends  upon  one  vote  ! — New  Orleans,  the  Creek 
campaign,  and  all  their  conseqiiences,  date  from 
that  one  vote ! — and  after  that,  I  was  habitually 
at  his  house;  and,  as  an  inmate,  had  opportuni- 
ties to  know  his  domestic  life,  and  at  the  period 
when  it  was  least  understood  and  most  misn|>. 
resented.  He  hiul  resigned  his  place  on  the 
bench  of  the  Superior  Court,  as  ho  hud  previ- 
ously resigned  his  place  in  the  Senate  of  tiio 
United  States,  and  lived  on  a  superb  estate  of 
some  thousand  acres,  twelve  miles  from  Nash- 
ville, then  hardly  known  by  its  subsequent 
famous  name  of  the  Hermitage — name  chosen 
for  its  perfect  accord  with  his  feelings ;  for  he 
had  then  actually  withdrawn  ft-om  the  stage  of 
public  life,  and  from  u  state  of  feeling  well 
known  to  belong  to  great  talent  when  flndiD|r 
no  theatre  for  its  congenial  employment.  Ho 
was  a  careful  farmer,  overlooking  every  thing 
himself,  seeing  that  the  flcMs  and  fences  were 
in  good  order,  the  stock  well  attended,  and  tlic 
slaves  comfortably  provided  for.  His  house  was 
the  seat  of  hospitality,  the  resort  of  friends  and 
acquaintances,  and  of  all  strangers  visiting  the 
State — and  the  more  agreeable  to  all  from  tlie 
perfect  conformity  of  Mrs.  Jackson's  character 
to  his  own.  But  he  needed  some  excitement 
beyond  that  which  a  farming  life  can  afford,  and 
found  it,  for  some  years,  in  the  animating  sports 
of  the  turf.  He  loved  fine  horses — racers  of 
s|)eed  und  bottom — owned  severul,  and  contest- 
ed the  four  mile  heats  with  the  best  that  could 
be  bred,  or  brought  to  the  State,  and  for  large 
sums.    That  is  the  nearest  to  gaming  that  I 


ANNO  1H87.     MAllTIN  VAN  I»IUK>,  PUI-SIDKNT. 


737 


vitntioim  to  visit  him  ;  and 
hat  I  wo«ii«l  do  woll  at  iho 

H  whi.»>  I'ft'l  t»»«  '^'^*^*=*  "' 
undertook  t..  foretell.  Soon 

•r  oi)i)ortunity  to  show  h\» 
1  wus  cmvloyed  >»  i^  '•"•»»'- 
„«Kuitu.li-,  where  the  ohk-st 

L.  trial  of   which   (5.n.ral 
through  concern  for  the  falc 
,nior  counsel  I  ha.l  to  pre- 
.l.lia  myU'sf,  an(l,ithc.nK 
cdinKH,  he  foun.l  n»y  effort  to 
was.     lie  con>i)lin»cnte»l  mo 
that  tin-  our  intimacy  U'gan. 
ame  hifl  ai<l,  he  In-ing  a  M«j"r 
.„„e8«ec  militia-«na»le  so  hy 
.  vote.     n'>w  >n"ch  often  ik- 
o^^.  t_New  Orleans,  the  Creek 
1  their  conHecinencea,  date  fr..m 
luul  after  that,  I  wa«hahitually 

,1  as  an  inmate,  had  oppoitmu- 
Jonu.sticlife,an.latthei.erio.l 

,t  undcHtood  and  most  nnsreiv- 
,^.1  ,.esit;ned  his  l-lace  on  the 

,p,.rior  Court,  as  ho  had  prcv.- 
L  ,.hvce  in  the  Senate  of  the 

,uh1  lived  on  a  sui-erh  estate  of 
acres,  twelve  miles  from  Nash- 
.Uy  known  hy  its  suhsequiut 
f  the  Hermitage-name  ciu.sen 
ocordwiih  his  feelings;  for  he 
Iv  withdrawn  from  the  stage  .. 

'from  a  state  of  feelinR  well 
.„  to  great  talent  when  llndmR 

Us  congenial  employment.    Ho 

'farmer,  overh)oking  every  thiuR 
that  thcilcldsand  fences  were 
■  he  stock  well  attended,  and  tlu> 
Ly  provided  for.    His  house  wa« 
litality,  the  resort  of  friends  ami 
,nd  of  all  strangers  visUmg  the 
,„„reagreeahlctoallfromth. 
,Uy  of  Mrs.  Jackson's  character 
„t  he  needed  son>e  excitement 
,.ich  a  farming  life  can  ailord,  and 
L  years,  in  the  animating  sprts 

le  loved  One  horse.s-niceis  of 
,n»._owned  several,  and  contest- 
L  heats  with  the  hest  that  could 
Ut  to  the  State,  and  for  lar^e 
L  the  nearest  to  gammg  that  I 


over  knew  him  to  come.  Cards  and  the  cock- 
pit have  In-en  inipute<l  to  him,  hut  most  errone- 
ously. I  never  saw  lilm  engaKisl  in  either. 
Duels  w^re  usual  in  that  time,  and  ho  had  his 
share  of  them,  with  their  un|)leasaut  concomi- 
tants ;  but  they  passed  away  with  all  their  ani- 
mosities, and  he  has  often  )M>cn  seen  zealously 
pressing  the  advancement  of  those  against  whom 
he  had  but  lately  been  arrayed  In  deadly  hos- 
tility. 

His  temper  was  placable  as  well  as  irascible, 
and  his  reconciliations  were  cortlial  and  sincere. 
or  that,  my  own  case  was  a  signal  instance. 
After  a  deadly  feud,  I  became  his  confidential 
adviser ;  was  offered  the  highest  marks  of  his 
favor,  and  received  from  his  dying  bi'd  a  mes- 
sage of  friendsliip,  dictated  when  life  was  de- 
parting, and  when  he  wtmid  have  to  paii«o  for 
breath.     There  was  a  deeinseateil  vein  of  jiiety 
in  him,  unaffectedly  showing  itself  in  his  rever- 
ence for  divine  worship,  respect  for  the  ministers 
of  the  gospel,  their  hospitable  reception  in  liis 
house,  and  constant  encouragement  of  nil  the 
pious  tendencies  of  Mrs.  Jackson.     And  when 
they   both  aftcrwanis  became  niemlK'rs  of  a 
church,  it  was  the  natural  ami  regidar  result  of 
their  early  and  eherishe*!  feelings.     He  was  gi<n- 
tle  in  his  house,  and  alive  to  the  tonderest  emo- 
tions ;  and  of  this,  I  can  give  an  instance,  greatly 
in  contrast  with  his  supiwsed  character,  and 
worth  more  than  a  long  discourse  in  showing 
what  that  character  really  was.    I  arrived  iit 
his  house  one  wet  chilly  evening,  in  Febniar_\ , 
and  came  upon  him  in  the  twilight,  sitting  alone 
before  the  fire,  a  lamb  and  a  chili'  between  his 
knees.    Ho  started  t  little,  calle<l  a  servant  to 
remove  the  two  innocents  to  aiioiher  room,  and 
explained  to  mo  how  it  was.    The  child  had 
cried  because  the  Iamb  was  out  in  the  cold,  and 
begged  him  to  bring  it  in — which  he  had  done 
to  please  the  child,  his  adopted  son,  then  not 
two  years  old.    The  ferocious  roan  does  not  do 
that !  and  though  Jackson  had  his  passions  and 
his  violence,  they  were  for  men  and  eneinies- 
those  who  stood  up  u)$?inNt  him — and  not  foi 
women  and  children,  or  tin  weak  and  helpless : 
for  all  whom  his  feelings  were  those  of  protec- 
tion and  support.    His  hospitality  was  active 
u  well  us  cordial,  embracing  the  worthy  in 
every  walk  of  life,  and  seeking  out  deserving 
objects  to  receive  it,  no  matter  how  obscure. 
Of  this,  I  learned  a  characteristic  instance  in 

Vol.  I.— 47 


relation  to  the  son  of  the  fainons  Daniel  Iloone. 
The  young  man  had  come  to  Nashville  on  his 
father's  business,  to  Ite  detained  some  weeks, 
and  ha<l  his  lodgings  at  a  small  tavern,  towards 
the  lower  part  of  the  town,  tienerul  .lackson 
heani  of  it;  sought  him  out  -.  found  hini ;  took 
him  home  to  remain  as  long  us  his  business  de- 
tained him  in  the  country,  saying, "  Voiir  father's 
dog  shouhl  not  stay  in  a  tavern,  where  t  have  u 
house."  This  was  heart !  ani<  1  had  it  from  the 
yoimg  man  himself,  long  after,  when  he  was  a 
State  Senator  of  the  Qenend  Assend>ly  of  Mis- 
souri, and,  as  such,  nominated  me  for  the  rnitcd 
States  Senate,  at  my  first  election,  in  1820:  iin 
act  of  hereditary  friendship,  as  our  fathers  hiul 
been  early  friends. 

Abhorrence  of  debt,  public  and  private,  dis- 
like of  Imnks,  and  love  of  hard  ni'uey — love  ot" 
justice  and  love  of  country,  were  riding  |ia«- 
sions  with  J<\ckson  ;  and  of  these  he  gave  con- 
stant evidence  in  all  the  situations  of  his  life. 
Of  private  debts  he  contracted  none  of  his  own, 
and  made  any  sacrifices  to  get  out  of  those  in- 
currc<l  for  oth*M-.>«.  Of  this  he  gave  a  signal  in- 
stance, not  lon^;  iK'foiu  the  war  of  1812 — selling 
the  improved  part  of  his  estate,  with  the  best 
buildings  of  the  country  upon  it,  to  pay  a  debt 
incurred  in  a  mercantile  adventure  to  assist  a 
young  relative;  and  going  into  log-houses  in  tin- 
forest  to  begin  a  new  home  and  farm.  He  was 
living  in  these  rude  tenements  when  he  van- 
(juished  the  British  at  New  Orleans  ;  an<l,  pi-ol)- 
ably,  a  view  of  their  contpieror's  domicile  would 
have  astonished  the  British  officers  as  much  as 
their  defeat  had  dune.  He  was  attached  to  bis 
friends,  and  to  his  country,  and  never  believed 
any  report  o  the  discredit  of  cither,  until  com- 
pelled by  proof.  He  would  not  believe  in  the 
first  re|)orts  of  the  surren«ler  of  General  Hull, 
and  became  sad  and  op|  e-ssed  when  forceil  to 
Udieve  it.  He  ccvergave  up  a  friend  in  a  doubt- 
ful cast ,  or  from  policy,  or  calculation.  He  was 
a  firm  iwliever  in  the  goodness  of  a  superintend- 
ii  '  Providence,  and  in  the  eventua.  right  judg- 
ment and  justice  of  the  people.  I  have  seen  him 
at  the  must  desperate  part  of  his  fortunes,  and 
never  saw  hin>  waver  in  the  Ixdief  tlmt  all  would 
come  right  in  the  end.  In  the  time  of  Cromwell 
111*  would  have  been  a  puritan. 

The  character  of  his  mind  was  that  of  judg- 
ment, with  a  rapid  and  almost  intuitive  percep- 
tion, followed  by  an  instant  and  decisive  action. 


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738 


TIIIIITY  YEARS'  VIEW. 


It  was  that  which  made  him  a  Gen.ral,  and  a 
President  for  tlie  time  in  which  he  served.  He 
had  vigorous  thoughts,  but  not  the  faculty  of 
arranging  them  in  a  regular  composition,  either 
written  or  spoken ;  and  in  formal  papers  he  usual- 
ly gave  h's  draft  to  an  aid,  a  friend,  or  a  secretaiy, 
to  be  written  ovei — often  to  thg  loss  of  vigor.  But 
the  thoughts  were  his  own  vigorously  express- 
ed ;  and  without  effort,  writing  with  a  rapid 
pen,  and  never  blotting  or  altering;  but,  as 
Carlyle  says  of  Cromwell,  hitting  the  nail  upon 
the  head  as  he  went.  I  have  a  great  deal  of  his 
writing  now,  some  on  public  afl'airs  and  cover- 
ing several  sheets  of  paper ;  and  no  erasures  or 
interlineations  anywheie.  His  conversation  was 
like  his  writing,  a  vigorous  flowing  current,  ap- 
parently without  the  trouble  of  thinking,  and 
always  impressive.  His  conclusions  were  rapid, 
and  immovable,  when  he  was  under  strong  con- 
victions ;  though  often  yielding,  on  minor  points, 
to  his  friends.  And  no  man  yielded  quicker 
when  he  was  convinced ;  perfectly  illustrating 
the  difference  between  firmness  and  obstinacy. 
Of  all  the  Presidents  who  have  done  me  the 
honor  to  listen  to  my  opinions,  there  was  no  one 
to  who^n  I  spoke  with  more  confidence  when  I 
felt  myself  strongl}'  to  be  in  the  right. 

lie  had  a  load  to  carry  all  his  life ;  resulting 
from  a  temper  ^\  hich  refused  compromises  and 
bargaining,  and  went  for  a  clean  victory  or  a  clean 
defeat,  in  every  case.  Hence,  every  step  he  took 
was  a  contest :  and,  it  may  be  added,  every  con- 
test was  a  victory.  I  have  already  said  that  he 
was  elected  a  Alajor  General  in  Tennessee — an 
election  on  which  so  much  afterwards  depended 
— by  one  vote.  His  appointment  in  the  United 
States  regular  army  was  a  conquest  from  the 
administration,  which  had  twice  refused  to 
appoint  him  a  Brigadier,  and  once  disbanded 
him  as  a  volunteer  general,  and  only  yielded  to 
his  militia  victories.  His  election  as  President 
was  a  victory  over  politicians — as  was  every 
leading  event  of  his  administration. 

I  have  said  that  his  appointment  in  the  regu- 
lar army  was  a  victory  over  the  administration, 
and  it  belongs  to  the  inside  view  of  history,  and 
to  the  illustration  of  government  mistakes,  and 
the  elucidation  of  individual  merit  surmounting 
obstacles,  to  tell  how  it  was.  Twice  passed  by 
to  give  preference  to  two  others  in  the  AVest 
(General  Harrison  and  General  Winchester), 
OprQ  disbanded,  and  omitt'  d  in  all  the  lists  of 


military  nominations,  how  did  he  get  at  last  to 
be  appointed  Major  General?  It  was  thus. 
Congress  had  passed  an  act  authorizing  the 
President  to  accept  organized  corps  of  volunteers. 
I  proposed  to  General  Jackson  to  raise  a  corjjs 
under  that  act,  and  hold  it  ready  for  sci-vice. 
lie  did  so;  and  with  this  corps  and  some  militia, 
he  defeated  the  Creek  Indians,  and  gained  the 
reputation  which  forced  his  appointment  in  the 
regular  arm}\  I  drew  up  the  address  which  he 
made  to  his  division  at  the  tinie,  and  when  I 
carried  it  to  him  in  the  evening,  I  found  the 
child  and  the  lamb  between  his  knee:*.  He  had 
not  thought  of  this  resource,  but  caught  at  it 
instantly,  adopted  the  addressj  with  two  slight 
alterations,  and  published  it  to  his  division.  I 
raised  a  regiment  myself,  and  made  the  speeches 
at  the  general  musters,  which  helped  to  raise  two 
others,  assisted  by  a  small  band  of  friends — all 
feeling  confident  that  if  we  could  conquer  the 
difficulty — master  the  first  step — and  get  him 
upon  the  theatre  of  action,  he  would  do  the  rest 
himself.  This  is  the  way  he  got  into  the  regu- 
lar army,  not  only  unselected  by  the  wisdom  of 
government,  but  rejected  by  it — a  stone  rejected 
by  the  master  builders — and  worked  in  by  an 
unseen  hand,  to  become  the  corner  stone  of  the 
temple.  The  aged  men  of  Tennessee  will  re- 
member all  this,  and  it  is  time  that  history 
should  learn  it.  But  to  return  to  the  private 
life  and  personal  characteristics  of  this  extraor- 
dinary man. 

There  was  an  innate,  unvarying,  self-acting 
delicacy  in  his  intercourse  with  the  female  sex, 
including  all  womankind;  and  on  that  point 
my  personal  observation  (and  my  opportunities 
for  observation  were  both  large  and  various), 
enables  me  to  join  in  the  declaration  of  the  be- 
lief expressed  by  his  earliest  friend  and  most 
intimate  associate,  the  late  Judge  Overton,  of 
Tennessee.  The  Roman  general  won  an  immor- 
tality of  honor  by  one  act  of  continence ;  what 
praise  is  due  to  Jackson,  whose  whole  life  was 
continent  ?  I  repeat :  if  he  had  been  born  in 
the  time  of  Cromwell,  he  would  have  been  • 
puritan.  Nothing  could  exceed  his  kindness 
and  affection  to  Mrs.  Jackson,  always  increasing 
in  proportion  as  his  elevation,  and  culminating 
fortunes,  drew  cruel  attacks  upon  her.  I  knew 
her  well,  and  that  a  more  exemplary  woman  in 
all  the  relations  of  life,  wife,  friend,  neighbor,  relar 
tive,  mistress  of  slaves — never  lived,  and  never 


t>..  '),l 


ANNO  1837.    MARTIN  VAN  BUREN,  PRESIDENT. 


739 


s  how  aid  he  get  at  last  to 
r  General?  It  was  thuR. 
sed  an  act  authorizing  the 
ovganizedcorpsof  volunteers. 
>ralJackson  to  raise  a  corps 

,1  hold  it  reaxly  for  .cryicc. 
th  this  corps  and  some  nnhtia, 

reek  Indians,  and  gained  the 
forced  his  appointment  m  the 
drew  up  the  address  which  he 

.ion  at  the  tin.e,  and  when  I 
,  in  the  evening,!  found  the 

,b  between  his  knce:^.    He  had 
bis  resource,  but  caught  at  It 
d  the  address,  with  two  shgh 
published  it  to  his  division.    I 
t  myself,  and  made  the  speeches 
,sters,  which  helped  to  raise  two 
byasmallbandoffriends-^dl 
t  that  if  we  could  conquer  the 
er  the  first  step-and  get  hnn 
cofaction,  he  would  do  the  rest 

,s  the  wav  he  got  into  the  regu- 
nlyunselected  by  the  wisdom  of 
>t  rejected  by  it-a  stone  rejected 

builders-and  worked  m  by  an 
p  become  the  corner  stone  of  the 
Led  men  of  Tennessee  will  re- 
U,  and  it  is  time  that  history 
t  But  to  return  to  the  private 
lal  characteristics  of  this  extraor- 

^n  innate,  unvarying,  self-acting 

I  intercourse  with  the  female  sex 

Lmankind;    and  on  that  pmnt 

bservation  (and  my  opportunities 

p  were  both  large  and  various), 

ioin  in  the  declaration  of  the  be- 

Tby  his  earliest  friend  and  mos 

Lte,  the  late  Judge  Overton,  of 
L  Roman  general  won  an  immor- 
L by  one  act  of  continence;  what 
[to  Jackson,  whose  whole  life  was 
repeat:  if  he  had  been  born  m 

iJromwell,  he  would  have  been  » 
thing  could  exceed  his  kindness 
Vo  Mrs.  Jackson,  always  increasing 
L  his  elevation,  and  cuhninatmg 

I  cruel  attacks  upon  her.    I  knew 

[that  a  more  exemplary  woman  m 

lsoflife,wife,fricnd,ne,ghbor,rela. 

of  slavee-never  lived,  and  never 


presented  a  more  quiet,  cheerful  and  admirable 
management  of  her  household.  She  had  not 
education,  but  she  had  a  heart,  and  a  good  one ; 
and  that  was  always  leading  her  to  do  kind 
things  in  the  kindest  manner.  She  had  the 
General's  own  warm  heart,  frank  manners  and 
hospitable  temper;  and  no  two  persons  could 
have  been  better  suited  to  each  other,  lived 
more  happily  together,  or  made  a  house  more 
attractive  to  visitors.  She  had  the  faculty — a 
rare  one — of  retaining  names  and  titles  in  a 
throng  of  visitors,  addressing  each  one  appro- 
priately, and  dispensing  hospitality  to  all  with 
a  cordiality  which  enhanced  its  value.  No 
bashful  youth,  or  plain  old  man,  whose  modesty 
sat  them  down  at  the  lower  end  of  the  table, 
cciild  escape  her  cordial  attention,  any  more 
than  the  titled  gentlemen  on  her  right  and  left. 
Young  persons  were  her  delight,  and  she  always 
had  her  house  filled  with  them — clever  young 
women  and  clever  young  men — all  calling  her  af- 
fectionately, "Aunt  Rachel."  I  was  young  then, 
and  was  one  of  that  number.    I  owe  it  to  early 


recollections,  and  to  cherished  convictions — in 
this  last  notice  of  the  Hermitage — to  bear  this 
faithful  testimony  to  the  memory  of  its  long 
mistress — the  loved  and  honored  wife  of  a  great 
man.  Her  greatest  eulogy  is  in  the  affection 
which  he  bore  her  living,  and  in  the  sorrow 
with  which  he  mourned  her  dead.  She  died 
at  the  moment  of  the  General's  first  election  to 
the  Presidency ;  and  every  one  that  had  a  just 
petition  to  present,  or  charitable  request  to 
make,  lost  in  her  death,  the  surest  channel  to 
the  ear  and  to  the  heart  of  the  President.  His 
regard  for  her  survived,  and  lived  in  the  persons 
of  her  nearest  relatives.  A  nephew  of  hers  was 
his  adopted  son  and  heir,  taking  his  own  name, 
and  now  the  respectable  master  of  the  Her- 
mitage. Another  nephew,  Andrew  Jackson 
Donelson,  Esq.,  was  his  private  secretary  when 
President.  The  Presidential  mansion  was  pre- 
sided over  during  his  term  by  her  niece,  the 
most  amiable  Mrs.  Donelson ;  and  all  his  con- 
duct bespoke  affectionate  and  lasting  remem- 
brance of  one  he  had  held  so  dear. 


END  OF  VOLUME  I. 


